その他令和7年8月14日

駐留軍地位協定等の請求に関する規定（断片）

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令和7年8月14日

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p.25 - p.26

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駐留軍地位協定等の請求に関する規定（断片）

令和7年8月14日|p.25-26

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3. The Parties shall consult on the settlement of any other claims by a Party against

claims and shall keep the Sending State informed of its dealings with the

the other Party for damage caused or arising as stated in paragraph 1(a) to other property

claim. The Receiving State shall take into consideration the reasonable

owned by the former Party. The cost incurred in satisfying such claims shall be distributed

instructions of the Sending State as to the defense or settlement of the

between the Parties in accordance with paragraph 5(e).

claim:

4. For the purposes of paragraphs 1 and 3, the expression "owned by a Party":

(d) every claim paid by the Receiving State under this paragraph shall be

communicated to the Sending State, together with full particulars and a

(a) in the case of a vessel, includes a vessel on bare boat charter to that Party

proposed distribution in conformity with subparagraph (e). In default of a

of the the for the for the pare ves a vessel of on bare bout chat that that that that of that on on

Comple the the the the the the the the and the and the andthe the the the the the the the the the the the the the the the the and the the the and the the the

or requisitioned by it on bare boat terms; or

reply from the Sending State within two months, the proposed distribution

shall be regarded as having been accepted by the Sending State;

(b) case case of a vehicle or aircraft, includes aircraft on

exclusive hire or lease or charter to that Party,

(e) unless otherwise mutually determined by the Parties, the cost incurred in

lisfying claims, including the reasonable cost borne by the Receiving

except to the extent that the risk of loss or liability is borne by some person other than

State in dealing with the claim pursuant to the preceding subparagraphs,

such Party

shall be distributed between the Parties as follows:

5. Claims arising out of acts or omissions of members of the Visiting Force or the

(i) where either Party is solely responsible for the damage, injury or

Civilian Component done in the performance of official duties, or out of any other act,

death, that Party alone shall meet the cost of the claim in full;

omission or occurrence for which the Visiting Force is legally responsible, and causing

damage to property and/or injury or death in the Receiving State to third parties shall be

(ii) where both Parties are responsible for the damage, injury or death

dealt with by the Receiving State in accordance with the following provisions:

and can mutually determine the degree of respective responsibility,

each Party shall meet the portion of the amount agreed upon for

(a) all claims shall be filed, considered and settled or adjudicated -0.0

the settlement or determined by adjudication corresponding to the

accordance with the laws and regulations of the Receiving State applicable

degree of its responsibility; and

to claims arising from the activities of its own Force. The Receiving State

shall settle the claims in consultation with the Sending State, except when

(iii) where both Partiesponsible for the for the damage, injury or death

the claims are to be adjudicated;

and cannot mutually determine the degree of respective

responsibility, or where the damage, injury or death was caused by

(b) payment of the amount agreed upon by the Receiving State with the

both Parties and it is not possible to attribute responsibility for the

claimant or determined by adjudication shall be made by the Receiving

damage, injury or death specifically to either Party, the amount

State in its currency within the shortest possible time;

agreed upon for the settlement or determined by adjudication shall

be distributed equally between them;

(f) every half-year, a statement of the sums paid by the Receiving State in the

course of the preceding half-yearly period in respect of every claim dealt

with under this paragraph, regarding which the proposed distribution on a

percentage basis under subparagraph (e) has been accepted under

subparagraph (d), shall be sent to the Sending State, together with a request

for reimbursement and payment details. Such reimbursement shall be

made, in the currency of the Receiving State, within the shortest possible

time, and at least within two months from the date of the receipt of the

statement by the Sending State;

(g) payment of an amount in satisfaction of a claim by the Receiving State,

whether made pursuant to a settlement or to adjudication of the case by a

competent tribunal of the Receiving State or the final adjudication by such

a tribunal denying payments, shall be binding and conclusive upon the

Parties; and

(h) the members of the Visiting Force or the Civilian Component shall not be

subject to any proceedings for the enforcement of any judgment given

against them in the Receiving State in a matter arising from the

performance of their official duties in connection with cooperative

activities pursuant to this Agreement.

6. Paragraph 5 shall not apply to:

(a) claims arising out of the use of a vehicle which are covered by any private

insurance and to the extent covered thereby;

(b) contractual claims. Claims arising under any contract shall be dealt with

in accordance with the terms of the relevant contract; and

3, claims for damage to property arising out of or in connection with the

navigation or operation of a ship or the loading, carriage, or discharge of

cargo, other than claims for maritime matters as mutually determined by

the Parties.

7. Unless otherwise settled by the parties concerned, the Parties shall consult on

claims in connection with cooperative activities pursuant to this Agreement not otherwise

covered by this Article, including those arising out of acts or omissions of members of

the Visiting Force or the Civilian Component not done in the performance of official

duties and causing injury or death and/or damage to property in the territory of the

Receiving State.

3. Except to the extent that it is determined in the course of a claim being adjudicated

by a competent tribunal of the Receiving State, the Parties shall consult and mutually

determine whether a claim arose out of acts or omissions done in the performance of

official duties or outside official duties.

9. In the event that a Party receives notice of any claim under this Article, that Party

shall inform the other Party as soon as practicable.

0. The Parties shall, to the extent permitted by their laws and regulations, cooperate

in the provision of relevant information and the collection and production of evidence for

a fair hearing and disposal of claims under this Article.

11. The Sending State shall, at the request of the Receiving State, assist the Receiving

State to take possession of any private moveable property which is subject to compulsory

execution under the laws and regulations of the Receiving State and which is within an

area in use by the Visiting Force or the Civilian Component.

12. The Sending State shall not claim immunity from the civil jurisdiction of the

courts of the Receiving State for a member of the Visiting Force or the Civilian

Component except to the extent provided in paragraph 5(h).

13. The provisions of this Article shall not apply to any claims which arose before the

entry into force of this Agreement.

14. For the purposes of this Article:

p.25 / 2

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