Code of Federal Regulations · Section
§ 536.109 — Claims Not Payable Under International Agreements (for Those Arising In The United States)
32 C.F.R. § 536.109
The following claims are not payable:
(a) Claims arising from a member of a foreign force or civilian component's acts or omissions that do not accord with the objectives of a treaty authorizing their presence in the United States.
(b) Claims arising from the acts or omissions of a member of a foreign force or civilian component who has been excluded from SOFA coverage by agreement between the sending State and the United States.
(c) Third-party scope claims arising within the United States that are not payable under subparts C, D, or H of this part are listed as barred under those subparts. As sending State forces are considered assimilated into the U.S. Armed Services for purposes of the SOFAs, their members are also barred from receiving compensation from the United States when they are injured incident to their service, Daberkow v. United States, 581 F.2d 785 (9th Cir. 1978).
Authorizing Statute
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Settlement: final and conclusive10 U.S.C. § 2735
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Cooperation with other Government agencies39 U.S.C. § 411
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Art. 139. Redress of injuries to property10 U.S.C. § 939
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Property loss; personal injury or death: advance payment10 U.S.C. § 2736
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Definition10 U.S.C. § 2731
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Definitions10 U.S.C. § 4801
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Defense of certain suits arising out of legal malpractice10 U.S.C. § 1054
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Defense of certain suits arising out of medical malpractice10 U.S.C. § 1089
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Final decisions of district courts28 U.S.C. § 1291