Page:United States Statutes at Large Volume 114 Part 1.djvu/255

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.

PUBLIC LAW 106-185—APR. 25, 2000 114 STAT. 219 (B) in paragraph (2), by striking "(2) As used in this section, the term" and inserting the following: "(2) In this subsection— "(A) the term 'financial institution' includes a foreigri bank (as defined in section 1(b)(7) of the International Banking Act of 1978 (12 U.S.C. 3101(b)(7))); and "(B) the term"; and (4) by adding at the end the following: "(d) Nothing in this section may be construed to limit the ability of the Government to forfeit property under any provision of law if the property involved in the offense giving rise to the forfeiture or property traceable thereto is available for forfeiture.". SEC. 14. FUGITIVE DISENTITLEMENT. (a) IN GENERAL. — Chapter 163 of title 28, United States Code, is amended by adding at the end the following: § 2466. Fugitive disentitlement "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 clsdm in third party proceedings in any related criminal forfeiture 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 prosecution— "(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) CONFORMING AMENDMENT.— The analysis for chapter 163 of title 28, United States Code, is amended by adding at the end the following: "2466. Fugitive disentitlement". (c) EFFECTIVE DATE. —The amendments made by this section Applicability, shall apply to any case pending on or after the date of the enactment 28 USC 2466 of this Act. °°* «- SEC. 15. ENFORCEMENT OF FOREIGN FORFEITURE JUDGMENT. (a) IN GENERAL.— Chapter 163 of title 28, United States Code, is amended by adding at the end the following:

    • § 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—