§ 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)
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;
(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
(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;
(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;
(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
(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
(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.
[1] So in original. Probably should be preceded by “a”.
[2] So in original. The words “of the proceedings” probably should not appear.