Common use of CLARIFICATION ACT Clause in Contracts

CLARIFICATION ACT. Any claim presented for losses consequent to an incident of illness or injury is subject to the terms and conditions of the Clarification Act, 50 U.S.C. App '1291(a) and the regulations promulgated there under. The seafarer must meet the requirements of the Clarification Act by submitting a request for the administrative allowance of claim with all available documentation supporting the claim to the Ship Manager. Any administrative claim must be filed in accordance with the requirements set forth in 46 CFR 327. In addition, a ▇▇▇▇▇▇ must submit an administrative claim to MARAD which complies with the requirements of 46 CFR 317 at least 61 days prior to the two-year statute of limitations as MARAD has sixty (60) days to consider the claim before a ▇▇▇▇▇▇ can file suit in court. The Ship Manager shall inform any seafarer wishing to pursue a claim for compensatory damages of the requirements of 46 CF 327. Specifically, 46 CFR Part 327 Sec. 4 provides that: § 327.4 Claim requirements. (a) Form. The claim may be in any form and shall be: (1) In writing, (2) Designated as a claim, (3) Disclose that the object sought is the administrative allowance of the claim; (4) Comply with the requirements of this part, and (5) Filed as provided in §327.5 of this part. The claim need not be sworn or attested to by the claimant. However, the statements made in the claim are subject to the provisions of 18 U.S.C. 287 and 1001 and other penalty provisions for making false, fictitious, or fraudulent claims, statements or entries, or falsifying, concealing, or covering up a material fact in any matter within the jurisdiction of any department or agency of the United States. Any lawsuits filed contrary to the provisions of section 5 of the Suits in Admiralty Act, as amended by Public Law 877, 81st Congress (64 Stat. 1112; 46 app. U.S.C. 745), shall not be in compliance with the requirements of this part.