Text: S.4005 — 111th Congress (2009-2010)All Information (Except Text)

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Public Law No: 111-342 (12/22/2010)

 
[111th Congress Public Law 342]
[From the U.S. Government Printing Office]



[[Page 124 STAT. 3607]]

Public Law 111-342
111th Congress

                                 An Act


 
   To amend title 28, United States Code, to prevent the proceeds or 
  instrumentalities of foreign crime located in the United States from 
  being shielded from foreign forfeiture proceedings. <<NOTE: Dec. 22, 
                          2010 -  [S. 4005]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Preserving 
Foreign Criminal Assets for Forfeiture Act of 2010. 28 USC 1 note.>> 
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Preserving Foreign Criminal Assets 
for Forfeiture Act of 2010''.
SEC. 2. PRESERVATION OF PROPERTY SUBJECT TO FORFEITURE UNDER 
                    FOREIGN LAW.

    Section 2467(d)(3)(A) of title 28, United States Code, is amended to 
read as follows:
                    ``(A) Restraining orders.--
                          ``(i) In general.--To preserve the 
                      availability of property subject to civil or 
                      criminal forfeiture under foreign law, the 
                      Government may apply for, and the court may issue, 
                      a restraining order at any time before or after 
                      the initiation of forfeiture proceedings by a 
                      foreign nation.
                          ``(ii) Procedures.--
                                    ``(I) In general.--A restraining 
                                order under this subparagraph shall be 
                                issued in a manner consistent with 
                                subparagraphs (A), (C), and (E) of 
                                paragraph (1) and the procedural due 
                                process protections for a restraining 
                                order under section 983(j) of title 18.
                                    ``(II) Application.--For purposes of 
                                applying such section 983(j)--
                                            ``(aa) references in such 
                                        section 983(j) to civil 
                                        forfeiture or the filing of a 
                                        complaint shall be deemed to 
                                        refer to the applicable foreign 
                                        criminal or forfeiture 
                                        proceedings; and

[[Page 124 STAT. 3608]]

                                            ``(bb) the reference in 
                                        paragraph (1)(B)(i) of such 
                                        section 983(j) to the United 
                                        States shall be deemed to refer 
                                        to the foreign nation.''.

    Approved December 22, 2010.

LEGISLATIVE HISTORY--S. 4005:
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CONGRESSIONAL RECORD, Vol. 156 (2010):
            Dec. 14, considered and passed Senate.
            Dec. 16, considered and passed House.

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