§ 2467. — Enforcement of foreign judgment.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 28USC2467]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART VI--PARTICULAR PROCEEDINGS
CHAPTER 163--FINES, PENALTIES AND FORFEITURES
Sec. 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;
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\1\ So in original. Probably should be preceded by ``a''.
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(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
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\2\ So in original. The words ``of the proceedings'' probably should
not appear.
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(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.
(Added Pub. L. 106-185, Sec. 15(a), Apr. 25, 2000, 114 Stat. 219;
amended Pub. L. 107-56, title III, Sec. 323, Oct. 26, 2001, 115 Stat.
315.)
References in Text
The Federal Rules of Civil Procedure, referred to in subsecs.
(c)(2)(C) and (d)(2), are set out in the Appendix to this title.
Amendments
2001--Subsec. (a)(2)(A). Pub. L. 107-56, Sec. 323(4), inserted ``,
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'' after ``United Nations
Convention''.
Subsec. (b)(1)(C). Pub. L. 107-56, Sec. 323(2), substituted
``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'' for ``establishing that the defendant received notice of
the proceedings in sufficient time to enable the defendant''.
Subsec. (d)(1)(D). Pub. L. 107-56, Sec. 323(3), substituted ``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'' for ``the defendant in the proceedings in the
foreign court did not receive notice''.
Subsec. (d)(3). Pub. L. 107-56, Sec. 323(1), added par. (3).
Termination Date of 2001 Amendment
Amendments by title III of Pub. L. 107-56 to terminate effective on
and after the first day of fiscal year 2005 if Congress enacts a joint
resolution that such amendments no longer have the force of law, see
section 303 of Pub. L. 107-56, set out as a Four-Year Congressional
Review; Expedited Consideration note under section 5311 of Title 31,
Money and Finance.
Effective Date
Section applicable to any forfeiture proceeding commenced on or
after the date that is 120 days after Apr. 25, 2000, see section 21 of
Pub. L. 106-185, set out as an Effective Date of 2000 Amendment note
under section 1324 of Title 8, Aliens and Nationality.
