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U.S. Code as of:
01/19/04
Section 229B. Criminal forfeitures; destruction of weapons
(a) Property Subject to Criminal Forfeiture. - Any person
convicted under section 229A(a) shall forfeit to the United States
irrespective of any provision of State law -
(1) any property, real or personal, owned, possessed, or used
by a person involved in the offense;
(2) any property constituting, or derived from, and proceeds
the person obtained, directly or indirectly, as the result of
such violation; and
(3) any of the property used in any manner or part, to commit,
or to facilitate the commission of, such violation.
The court, in imposing sentence on such person, shall order, in
addition to any other sentence imposed pursuant to section 229A(a),
that the person forfeit to the United States all property described
in this subsection. In lieu of a fine otherwise authorized by
section 229A(a), a defendant who derived profits or other proceeds
from an offense may be fined not more than twice the gross profits
or other proceeds.
(b) Procedures. -
(1) General. - Property subject to forfeiture under this
section, any seizure and disposition thereof, and any
administrative or judicial proceeding in relation thereto, shall
be governed by subsections (b) through (p) of section 413 of the
Comprehensive Drug Abuse Prevention and Control Act of 1970 (21
U.S.C. 853), except that any reference under those subsections to
-
(A) "this subchapter or subchapter II" shall be deemed to be
a reference to section 229A(a); and
(B) "subsection (a)" shall be deemed to be a reference to
subsection (a) of this section.
(2) Temporary restraining orders. -
(A) In general. - For the purposes of forfeiture proceedings
under this section, a temporary restraining order may be
entered upon application of the United States without notice or
opportunity for a hearing when an information or indictment has
not yet been filed with respect to the property, if, in
addition to the circumstances described in section 413(e)(2) of
the Comprehensive Drug Abuse Prevention and Control Act of 1970
(21 U.S.C. 853(e)(2)), the United States demonstrates that
there is probable cause to believe that the property with
respect to which the order is sought would, in the event of
conviction, be subject to forfeiture under this section and
exigent circumstances exist that place the life or health of
any person in danger.
(B) Warrant of seizure. - If the court enters a temporary
restraining order under this paragraph, it shall also issue a
warrant authorizing the seizure of such property.
(C) Applicable procedures. - The procedures and time limits
applicable to temporary restraining orders under section
413(e)(2) and (3) of the Comprehensive Drug Abuse Prevention
and Control Act of 1970 (21 U.S.C. 853(e)(2) and (3)) shall
apply to temporary restraining orders under this paragraph.
(c) Affirmative Defense. - It is an affirmative defense against a
forfeiture under subsection (b) that the property -
(1) is for a purpose not prohibited under the Chemical Weapons
Convention; and
(2) is of a type and quantity that under the circumstances is
consistent with that purpose.
(d) Destruction or Other Disposition. - The Attorney General
shall provide for the destruction or other appropriate disposition
of any chemical weapon seized and forfeited pursuant to this
section.
(e) Assistance. - The Attorney General may request the head of
any agency of the United States to assist in the handling, storage,
transportation, or destruction of property seized under this
section.
(f) Owner Liability. - The owner or possessor of any property
seized under this section shall be liable to the United States for
any expenses incurred incident to the seizure, including any
expenses relating to the handling, storage, transportation, and
destruction or other disposition of the seized property.
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