114 STAT. 222 PUBLIC LAW 106-185—APR. 25, 2000 "(i) to any claim or to the ability of the Government to respond to such claim; or "(ii) in a civil forfeiture case, to the ability of the Government to establish the forfeitability of the property; and "(B) it is within the capacity of the claimant to waive the claimant's rights under applicable financial secrecy laws, or to obtain the records so that such records can be made available notwithstanding such secrecy laws, the refusal of the claimant to provide the records in response to a discovery request or to take the action necessary otherwise to make the records available shall be grounds for judicial sanctions, up to and including dismissal of the claim with prejudice. "(2) PRIVILEGE. —This subsection shall not affect the right of the claimant to refuse production on the basis of any privilege guaranteed by the Constitution of the United States or any other provision of Federal law.". SEC. 18. APPLICATION TO ALIEN SMUGGUNG OFFENSES. (a) AMENDMENT OF THE IMMIGRATION AND NATIONALITY ACT. — Section 274(b) of the Immigration and Nationality Act (8 U.S.C. 1324(b)) is amended to read as follows: "(b) SEIZURE AND FORFEITURE. — "(1) IN GENERAL.— Any conveyance, including any vessel, vehicle, or aircraft, that has been or is being used in the commission of a violation of subsection (a), the gross proceeds of such violation, and any property traceable to such conveyance or proceeds, shall be seized and subject to forfeiture. "(2) APPLICABLE PROCEDURES. —Seizures and forfeitures under this subsection shall be governed by the provisions of chapter 46 of title 18, United States Code, relating to civil forfeitures, including section 981(d) of such title, except that such duties as are imposed upon the Secretary of the Treasury under the customs laws described in that section shall be performed by such officers, agents, and other persons as may be designated for that purpose by the Attorney General. "(3) PRIMA FACIE EVIDENCE IN DETERMINATIONS OF VIOLA- TIONS. — In determining whether a violation of subsection (a) has occurred, any of the following shall be prima facie evidence that an alien involved in the alleged violation had not received prior official authorization to come to, enter, or reside in the United States or that such alien had come to, entered, or remained in the United States in violation of law: "(A) Records of any judicial or administrative proceeding in which that alien's status was an issue and in which it was determined that the alien had not received prior official authorization to come to, enter, or reside in the United States or that such alien had come to, entered, or remained in the United States in violation of law. "(B) Official records of the Service or of the Department of State showing that the alien had not received prior official authorization to come to, enter, or reside in the United States or that such alien had come to, entered, or remained in the United States in violation of law. "(C) Testimony, by an immigration officer having personal knowledge of the facts concerning that alien's status.
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