Claims

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A number of different claims processes have been established over the years to address various circumstances in which death, damage and disability may occur as part of United Nations operations. Claims may also arise as a result of disputes with vendors over contractual disputes.

Death and disability claims

Death and disability compensation is paid by the United Nations to uniformed personnel killed or injured in service.

Commercial claims

Under the delegation of authority framework established under ST/SGB/2019/2, heads of entity (including heads of mission) have been delegated the authority to settle commercial claims up to a limit of $50,000 after consultation with the Office of Legal Affairs. The Under-Secretary-General for Management Strategy, Policy and Compliance has been delegated the authority to settle commercial claims above $50,000 upon recommendation of the Under-Secretary-General for Operational Support.[1]

Personal effects

Loss or damage to personal effects attributable to service are reimbursable under the terms of ST/AI/149/Rev.4. Heads of entity have been delegated the authority to settle staff claims up to $10,000 per case.[2]

Third-party claims

Third-party claims are claims raised by individuals outside of the United Nations. The United Nations is responsible for dealing with claims by third parties where the loss or or damage to property or death or personal injury was caused by the United Nations, including personnel or equipment provided by troop- or police-contributing countries in the conduct of official business. Where loss, damage, death or injury is the result of gross negligence or wilful misconduct of personnel provided by a troop- or police-contributing country, the Government in question will be liable for such claims, as established in Article 9 of the memorandum of understanding.[3]

Insured claims

Third-party claims arising from accidents involving official United Nations vehicles are reviewed by the mission claims unit and settled by the local representative of the relevant insurance company providing coverage for the mission or location in question.[4]

Uninsured claims

Heads of entity have been delegated to settle uninsured third-party claims up to $20,000 per case taking into account the recommendations by the Local Claims Review Board.[5]

Local Claims Review Board

Heads of entity are delegated the authority to establish a Local Claims Review Board (LCRB), which makes recommendations to the head of entity on the settlement of staff and third-party claims. Where applicable, the LCRB should consider the findings of a board of inquiry or head of mission report.

The LCRB consists of a chairperson, members (usually the Chief Human Resources Officer, Chief Finance Officer, and Legal Adviser) and a secretary (usually the head of the mission claims/property management unit), plus alternates for each. For cases involving military or police personnel, a military or police representative is also included. A chairperson, two members and a secretary constitutes a quorum.[6]

The LCRB may also make recommendations for the payment of ex gratia payments.

References

  1. Standard delegation of authority instrument, 1 January 2019
  2. Standard delegation of authority instrument, 1 January 2019
  3. [1] COE Manual (2017)
  4. 2007.xx DFS guidelines for claims for field missions
  5. Standard delegation of authority instrument, 1 January 2019
  6. 2007.xx DFS guidelines for claims for field missions