§ 842.60. Definitions.

294 words·~1 min read·/us/cfr/t32/s§ 842.60·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

The following are general definitions. See the relevant international agreement for the specific meaning of a term to use with a specific claim.

(a)Civilian component. Civilian personnel accompanying and employed by an international agreement contracting force. Local employees, contractor employees, or members of the American Red Cross are not a part of the civilian component unless specifically included in the agreement.

(b)Contracting party. A nation signing the governing agreement.

(c)Force. Personnel belonging to the land, sea, or air armed services of one contracting party when in the territory of another contracting party in connection with their official duties.

(d)Legally responsible. A term of art providing for settlement of claims under cost sharing international agreements in accordance with the law of the receiving state. Often, employees who are local inhabitants, not part of the civilian component of the force, could cause the sending state to be legally responsible under a respondeat superior theory.

(e)Receiving state. The country where the force or civilian component of another contracting party is temporarily located. It is often thought of as the "host nation."

(f)Sending state. The country sending the force or civilian component to the receiving State. In cases where U.S. personnel are stationed in a foreign country, the U.S. is the sending state.

(g)Third parties. A term of art used in International Agreements. Parties other than members of the force and civilian component of the sending or receiving States. Dependents, tourists, and other noninhabitants of a foreign country are third parties (and therefore can generally make a claim under a SOFA) unless the international agreement, or an understanding between the countries involved, specifically excludes them. \[55 FR 2809, Jan. 29, 1990. Redesignated and amended at 81 FR 83694, Nov. 22, 2016\]