
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[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, 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 
        defendant received notice of the proceedings in sufficient time 
        to enable the defendant 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 defendant in the proceedings in the foreign court 
        did not receive notice of the proceedings 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.

    (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.)

                       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.


                             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.
