28 U.S.C. § 2467 — Enforcement of foreign judgment

Page 614 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 2466 for costs and attorneys fees associated with any such claim if the United States— (i) promptly recognizes such claim; (ii) promptly returns the interest of the claimant in the property to the claimant, if the property can be divided without difficulty and there are no competing claims to that por- tion of the property; (iii) does not cause the claimant to incur ad- ditional, reasonable costs or fees; and (iv) prevails in obtaining forfeiture with re- spect to one or more of the other claims. (D) If the court enters judgment in part for the claimant and in part for the Government, the court shall reduce the award of costs and attor- ney fees accordingly. (June 25, 1948, ch. 646, 62 Stat. 975; Pub. L. 106–185, § 4(a), Apr. 25, 2000, 114 Stat. 211.) HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., §§ 818, 827 (R.S. §§ 970, 979). Section consolidates sections 818 and 827 of title 28, U.S.C., 1940 ed., with changes of phraseology necessary to effect the consolidation. The words ‘‘in any proceeding to condemn or forfeit property’’ were inserted in conformity with the uni- form course of judicial decisions. See Hammel v. Little, App.D.C. 1936, 87 F.2d 907, and cases there cited. The qualifying language of section 827 of title 28, U.S.C., 1940 ed., requiring the claimant to pay his own costs before the return of his property was omitted as unnecessary and involving a matter more properly for regulation by rule of court. (See sections 1913, 1914, and 1925 of this title.) (See also section 2006 of this title with respect to ac- tions against internal revenue officers and their liabil- ity for acts in the performance of official duties.) Editorial Notes AMENDMENTS 2000—Pub. L. 106–185 amended section catchline and text generally. Prior to amendment, text read as fol- lows: ‘‘Upon the entry of judgment for the claimant in any proceeding to condemn or forfeit property seized under any Act of Congress, such property shall be re- turned forthwith to the claimant or his agent; but if it appears that there was reasonable cause for the seizure, the court shall cause a proper certificate thereof to be entered and the claimant shall not, in such case, be en- titled to costs, nor shall the person who made the sei- zure, nor the prosecutor, be liable to suit or judgment on account of such suit or prosecution.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2000 AMENDMENT Amendment by Pub. L. 106–185 applicable to any for- feiture 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 a note under section 1324 of Title 8, Aliens and Nationality. § 2466. Fugitive disentitlement (a) A judicial officer may disallow a person from using the resources of the courts of the United States in furtherance of a claim in any related civil forfeiture action or a claim in third party proceedings in any related criminal for- feiture action upon a finding that such person— (1) after notice or knowledge of the fact that a warrant or process has been issued for his apprehension, in order to avoid criminal pros- ecution— (A) purposely leaves the jurisdiction of the United States; (B) declines to enter or reenter the United States to submit to its jurisdiction; or (C) otherwise evades the jurisdiction of the court in which a criminal case is pending against the person; and (2) is not confined or held in custody in any other jurisdiction for commission of criminal conduct in that jurisdiction. (b) Subsection (a) may be applied to a claim filed by a corporation if any majority share- holder, or individual filing the claim on behalf of the corporation is a person to whom sub- section (a) applies. (Added Pub. L. 106–185, § 14(a), Apr. 25, 2000, 114 Stat. 219; amended Pub. L. 107–56, title III, § 322, Oct. 26, 2001, 115 Stat. 315; Pub. L. 109–162, title XI, § 1171(c), Jan. 5, 2006, 119 Stat. 3123; Pub. L. 109–177, title IV, § 406(a)(1), Mar. 9, 2006, 120 Stat. 244.) Editorial Notes AMENDMENTS 2006—Pub. L. 109–177 directed amendment of directory language of Pub. L. 107–56, § 322, identical to amend- ment by Pub. L. 109–162. See below. Pub. L. 109–162 amended directory language of Pub. L. 107–56, § 322. See 2001 Amendment note below. 2001—Pub. L. 107–56, § 322, as amended by Pub. L. 109–162, designated existing provisions as subsec. (a) and added subsec. (b). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2006 AMENDMENT Pub. L. 109–162, title XI, § 1171(c), Jan. 5, 2006, 119 Stat. 3123, provided in part that the amendment made by sec- tion 1171(c) of Pub. L. 109–162 is effective Oct. 26, 2001. EFFECTIVE DATE Pub. L. 106–185, § 14(c), Apr. 25, 2000, 114 Stat. 219, pro- vided that: ‘‘The amendments made by this section [en- acting this section] shall apply to any case pending on or after the date of the enactment of this Act [Apr. 25, 2000].’’ § 2467. Enforcement of foreign judgment (a) DEFINITIONS.—In this section— (1) the term ‘‘foreign nation’’ means a coun- try that has become a party to the United Na- tions Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances (referred to in this section as the ‘‘United Na- tions 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 judg- ment’’ 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 Arti- cle 3, Paragraph 1, of the United Nations Convention, any violation of foreign law that would constitute a violation or an of- fense for which property could be forfeited under Federal law if the offense were com- mitted in the United States, or any foreign offense described in section 1956(c)(7)(B) of Page 615 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 2467 1 So in original. Probably should be preceded by ‘‘a’’. 2 So in original. The words ‘‘of the proceedings’’ probably should not appear. title 18, or property the value of which cor- responds to such proceeds; or (B) to forfeit property involved in or trace- able 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 reg- istered 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 re- sulted in the forfeiture or confiscation judg- ment; (B) certified 1 copy of the forfeiture or con- fiscation judgment; (C) an affidavit or sworn declaration estab- lishing that the foreign nation took steps, in accordance with the principles of due proc- ess, to give notice of the proceedings to all persons with an interest in the property in sufficient time to enable such persons to de- fend against the charges and that the judg- ment rendered is in force and is not subject to appeal; and (D) such additional information and evi- dence as may be required by the Attorney General or the designee of the Attorney Gen- eral. (2) CERTIFICATION OF REQUEST.—The Attor- ney General or the designee of the Attorney General shall determine whether, in the inter- est of justice, to certify the request, and such decision shall be final and not subject to ei- ther judicial review or review under sub- chapter 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 for- feiture or confiscation judgment as if the judg- ment 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 appli- cant and the defendant or another person or entity affected by the forfeiture or confisca- tion judgment shall be the respondent; (B) venue shall lie in the district court for the District of Columbia or in any other dis- trict 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 out- side 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 en- force the judgment on behalf of the foreign na- tion 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 juris- diction 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 Proce- dure. (3) PRESERVATION OF PROPERTY.— (A) RESTRAINING ORDERS.— (i) IN GENERAL.—To preserve the avail- ability 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 subpara- graphs (A), (C), and (E) of paragraph (1) and the procedural due process protec- tions for a restraining order under sec- tion 983(j) of title 18. (II) APPLICATION.—For purposes of ap- plying 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 for- feiture proceedings; and (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. (B) EVIDENCE.—The court, in issuing a re- straining 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 prop- erty to be restrained will be named in a judgment of forfeiture at the conclusion of such proceeding; or (ii) may register and enforce a restrain- ing order that has been issued by a court of competent jurisdiction in the foreign country and certified by the Attorney Gen- eral pursuant to subsection (b)(2). (C) LIMIT ON GROUNDS FOR OBJECTION.—No person may object to a restraining order Page 616 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 2501 1 So in original. Does not conform to section catchline. under subparagraph (A) on any ground that is the subject of parallel litigation involving the same property that is pending in a for- eign court. (e) FINALITY OF FOREIGN FINDINGS.—In enter- ing orders to enforce the judgment, the court shall be bound by the findings of fact to the ex- tent that they are stated in the foreign for- feiture or confiscation judgment. (f) CURRENCY CONVERSION.—The rate of ex- change 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, § 15(a), Apr. 25, 2000, 114 Stat. 219; amended Pub. L. 107–56, title III, § 323, Oct. 26, 2001, 115 Stat. 315; Pub. L. 111–342, § 2, Dec. 22, 2010, 124 Stat. 3607.) Editorial Notes 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 2010—Subsec. (d)(3)(A). Pub. L. 111–342 amended sub- par. (A) generally. Prior to amendment, text read as follows: ‘‘To preserve the availability of property sub- ject 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.’’ 2001—Subsec. (a)(2)(A). Pub. L. 107–56, § 323(4), inserted ‘‘, any violation of foreign law that would constitute a violation or an offense for which property could be for- feited under Federal law if the offense were committed in the United States’’ after ‘‘United Nations Conven- tion’’. Subsec. (b)(1)(C). Pub. L. 107–56, § 323(2), substituted ‘‘establishing that the foreign nation took steps, in ac- cordance with the principles of due process, to give no- tice of the proceedings to all persons with an interest in the property in sufficient time to enable such per- sons’’ for ‘‘establishing that the defendant received no- tice of the proceedings in sufficient time to enable the defendant’’. Subsec. (d)(1)(D). Pub. L. 107–56, § 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 prop- erty’’ for ‘‘the defendant in the proceedings in the for- eign court did not receive notice’’. Subsec. (d)(3). Pub. L. 107–56, § 323(1), added par. (3). Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section applicable to any forfeiture proceeding com- menced 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. CHAPTER 165—UNITED STATES COURT OF FEDERAL CLAIMS PROCEDURE Sec. 2501. Time for filing suit. 2502. Aliens’ privilege to sue. 2503. Proceedings generally. 2504. Plaintiff’s testimony. Sec. 2505. Trial before judges. 2506. Interest of witness. 2507. Calls and discovery. 2508. Counterclaim or set-off.1 2509. Congressional reference cases. 2510. Referral of cases by Comptroller General. 2511. Accounts of officers, agents or contractors. 2512. Disbursing officers; relief. 2513. Unjust conviction and imprisonment. 2514. Forfeiture of fraudulent claims. 2515. New trial, stay of judgment.1 2516. Interest on claims and judgments. 2517. Payment of judgments. [2518. Repealed.] 2519. Conclusiveness of judgment. [2520. Repealed.] 2521. Subpoenas and incidental powers. 2522. Notice of appeal. Editorial Notes AMENDMENTS 2000—Pub. L. 106–518, title II, § 207, Nov. 13, 2000, 114 Stat. 2414, struck out item 2520 ‘‘Fees’’. 1992—Pub. L. 102–572, title IX, §§ 902(a)(1), 910(b), Oct. 29, 1992, 106 Stat. 4516, 4520, substituted ‘‘UNITED STATES COURT OF FEDERAL CLAIMS’’ for ‘‘UNITED STATES CLAIMS COURT’’ in chapter head- ing and inserted ‘‘and incidental powers’’ in item 2521. 1982—Pub. L. 97–164, title I, § 139(b)(2), (i)(2), (l), (n)(4), (o)(2), (q)(2), Apr. 2, 1982, 96 Stat. 42–44, substituted ‘‘UNITED STATES CLAIMS COURT’’ for ‘‘COURT OF CLAIMS’’ in chapter heading, substituted ‘‘Proceedings generally’’ for ‘‘Proceedings before commissioners gen- erally’’ in item 2503, substituted ‘‘Referral of cases by Comptroller General’’ for ‘‘Referral of cases by the Comptroller General or the head of an executive de- partment or agency’’ in item 2510, struck out item 2518 ‘‘Certification of judgments for appropriation’’, sub- stituted ‘‘Fees’’ for ‘‘Fees; cost of printing record’’ in item 2520, and added item 2522. 1978—Pub. L. 95–563, § 14(h)(2)(B), Nov. 1, 1978, 92 Stat. 2390, inserted ‘‘or the head of an executive department or agency’’ after ‘‘Comptroller General’’ in item 2510. 1954—Act Sept. 3, 1954, ch. 1263, §§ 46, 54(c), 55(d), 59(b), 68 Stat. 1243, 1247, 1248, substituted ‘‘Trial before judges’’ for ‘‘Place of taking evidence’’ in item 2505, and ‘‘Calls and discovery,’’ for ‘‘Calls on departments for in- formation’’ in item 2507, rephrased item 2510, and added item 2521. § 2501. Time for filing suit Every claim of which the United States Court of Federal Claims has jurisdiction shall be barred unless the petition thereon is filed within six years after such claim first accrues. Every claim under section 1497 of this title shall be barred unless the petition thereon is filed within two years after the termination of the river and harbor improvements operations on which the claim is based. A petition on the claim of a person under legal disability or beyond the seas at the time the claim accrues may be filed within three years after the disability ceases. A suit for the fees of an officer of the United States shall not be filed until his account for such fees has been finally acted upon, unless the Government Accountability Office fails to act within six months after receiving the account. (June 25, 1948, ch. 646, 62 Stat. 976; Sept. 3, 1954, ch. 1263, § 52, 68 Stat. 1246; Pub. L. 97–164, title I,