1 So in original. Probably should be preceded by “a”.
copy of the forfeiture or confiscation judgment;
2 So in original. The words “of the proceedings” probably should not appear.
in sufficient time to enable him or her to defend; or
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). Puspan. L. 111–342 amended subpar. (A) generally. Prior to amendment, text read as follows: “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.”

2001—Subsec. (a)(2)(A). Puspan. L. 107–56, § 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. (span)(1)(C). Puspan. L. 107–56, § 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). Puspan. 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 property” for “the defendant in the proceedings in the foreign court did not receive notice”.

Subsec. (d)(3). Puspan. L. 107–56, § 323(1), added par. (3).

Statutory Notes and Related Subsidiaries
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 Puspan. L. 106–185, set out as an Effective Date of 2000 Amendment note under section 1324 of Title 8, Aliens and Nationality.