(a) Except as provided in paragraphs (b) and (c) of this section, reimbursement of qualified
expenses under this subpart is available to a victim of international terrorism or
his representative, pursuant to 42 U.S.C. 10603c(a)(3)(A). For purposes of eligibility for this program only, the Attorney General shall determine
whether there is a reasonable indication that an act was one of international terrorism,
within the meaning of that section.
(b) Reimbursement shall be denied to any claimant if the Director, in consultation with
appropriate Department of Justice (DOJ) officials, determines that there is a reasonable
indication that either the victim with respect to whom the claim is made, or the claimant,
was criminally culpable for the act of international terrorism.
(c) Reimbursement may be reduced or denied to a claimant if the Director, in consultation
with appropriate DOJ officials, determines that the victim with respect to whom the
claim is made contributed materially to his own death or injury by—
(1) Engaging in conduct that violates U.S. law or the law of the jurisdiction in which
the act of international terrorism occurred;
(2) Acting as a mercenary or “soldier of fortune”;
(3) (As a non–U.S. Government employee), acting as an advisor, consultant, employee,
or contractor, in a military or political capacity—
(i) For a rebel or paramilitary organization;
(ii) For a government not recognized by the United States; or
(iii) In a country in which an official travel warning issued by the U.S. Department of
State related to armed conflict was in effect at the time of the act of international
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