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U.S. Code as of:
01/19/04
Section 2467. Enforcement of foreign judgment
(a) Definitions. - In this section -
(1) the term "foreign nation" means a country that has become a
party to the United Nations Convention Against Illicit Traffic in
Narcotic Drugs and Psychotropic Substances (referred to in this
section as the "United Nations Convention") or a foreign
jurisdiction with which the United States has a treaty or other
formal international agreement in effect providing for mutual
forfeiture assistance; and
(2) the term "forfeiture or confiscation judgment" means a
final order of a foreign nation compelling a person or entity -
(A) to pay a sum of money representing the proceeds of an
offense described in Article 3, Paragraph 1, of the United
Nations Convention, any violation of foreign law that would
constitute a violation or an offense for which property could
be forfeited under Federal law if the offense were committed in
the United States, or any foreign offense described in section
1956(c)(7)(B) of title 18, or property the value of which
corresponds to such proceeds; or
(B) to forfeit property involved in or traceable to the
commission of such offense.
(b) Review by Attorney General. -
(1) In general. - A foreign nation seeking to have a forfeiture
or confiscation judgment registered and enforced by a district
court of the United States under this section shall first submit
a request to the Attorney General or the designee of the Attorney
General, which request shall include -
(A) a summary of the facts of the case and a description of
the proceedings that resulted in the forfeiture or confiscation
judgment;
(B) certified (!1) copy of the forfeiture or confiscation
judgment;
(C) an affidavit or sworn declaration establishing that the
foreign nation took steps, in accordance with the principles of
due process, to give notice of the proceedings to all persons
with an interest in the property in sufficient time to enable
such persons to defend against the charges and that the
judgment rendered is in force and is not subject to appeal; and
(D) such additional information and evidence as may be
required by the Attorney General or the designee of the
Attorney General.
(2) Certification of request. - The Attorney General or the
designee of the Attorney General shall determine whether, in the
interest of justice, to certify the request, and such decision
shall be final and not subject to either judicial review or
review under subchapter II of chapter 5, or chapter 7, of title 5
(commonly known as the "Administrative Procedure Act").
(c) Jurisdiction and Venue. -
(1) In general. - If the Attorney General or the designee of
the Attorney General certifies a request under subsection (b),
the United States may file an application on behalf of a foreign
nation in district court of the United States seeking to enforce
the foreign forfeiture or confiscation judgment as if the
judgment had been entered by a court in the United States.
(2) Proceedings. - In a proceeding filed under paragraph (1) -
(A) the United States shall be the applicant and the
defendant or another person or entity affected by the
forfeiture or confiscation judgment shall be the respondent;
(B) venue shall lie in the district court for the District of
Columbia or in any other district in which the defendant or the
property that may be the basis for satisfaction of a judgment
under this section may be found; and
(C) the district court shall have personal jurisdiction over
a defendant residing outside of the United States if the
defendant is served with process in accordance with rule 4 of
the Federal Rules of Civil Procedure.
(d) Entry and Enforcement of Judgment. -
(1) In general. - The district court shall enter such orders as
may be necessary to enforce the judgment on behalf of the foreign
nation unless the court finds that -
(A) the judgment was rendered under a system that provides
tribunals or procedures incompatible with the requirements of
due process of law;
(B) the foreign court lacked personal jurisdiction over the
defendant;
(C) the foreign court lacked jurisdiction over the subject
matter;
(D) the foreign nation did not take steps, in accordance with
the principles of due process, to give notice of the
proceedings to a person with an interest in the property of the
proceedings (!2) in sufficient time to enable him or her to
defend; or
(E) the judgment was obtained by fraud.
(2) Process. - Process to enforce a judgment under this section
shall be in accordance with rule 69(a) of the Federal Rules of
Civil Procedure.
(3) Preservation of property. -
(A) In general. - To preserve the availability of property
subject to a foreign forfeiture or confiscation judgment, the
Government may apply for, and the court may issue, a
restraining order pursuant to section 983(j) of title 18, at
any time before or after an application is filed pursuant to
subsection (c)(1) of this section.
(B) Evidence. - The court, in issuing a restraining order
under subparagraph (A) -
(i) may rely on information set forth in an affidavit
describing the nature of the proceeding or investigation
underway in the foreign country, and setting forth a
reasonable basis to believe that the property to be
restrained will be named in a judgment of forfeiture at the
conclusion of such proceeding; or
(ii) may register and enforce a restraining order that has
been issued by a court of competent jurisdiction in the
foreign country and certified by the Attorney General
pursuant to subsection (b)(2).
(C) Limit on grounds for objection. - No person may object to
a restraining order under subparagraph (A) on any ground that
is the subject of parallel litigation involving the same
property that is pending in a foreign court.
(e) Finality of Foreign Findings. - In entering orders to enforce
the judgment, the court shall be bound by the findings of fact to
the extent that they are stated in the foreign forfeiture or
confiscation judgment.
(f) Currency Conversion. - The rate of exchange in effect at the
time the suit to enforce is filed by the foreign nation shall be
used in calculating the amount stated in any forfeiture or
confiscation judgment requiring the payment of a sum of money
submitted for registration.
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