Page:United States Statutes at Large Volume 116 Part 3.djvu/745

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PUBLIC LAW 107-297—NOV. 26, 2002 116 STAT. 2337 TITLE II—TREATMENT OF TERRORIST ASSETS SEC. 201. SATISFACTION OF JUDGMENTS FROM BLOCKED ASSETS OF TERRORISTS, TERRORIST ORGANIZATIONS, AND STATE SPONSORS OF TERRORISM. (a) IN GENERAL. —Notwithstanding any other provision of law, 28 USC 1610 and except as provided in subsection (b), in every case in which note. a person has obtained a judgment against a terrorist party on a claim based upon an act of terrorism, or for which a terrorist party is not immune under section 1605(a)(7) of title 28, United States Code, the blocked assets of that terrorist party (including the blocked assets of any agency or instrumentality of that terrorist party) shall be subject to execution or attachment in aid of execution in order to satisfy such judgment to the extent of any compensatory damages for which such terrorist party has been adjudged liable. (b) PRESIDENTIAL WAIVER. — 28 USC leio (1) IN GENERAL. —Subject to paragraph (2), upon deter- note. mining on an asset-by-asset basis that a waiver is necessary in the national security interest, the President may waive the requirements of subsection (a) in connection with (and prior to the enforcement of) any judicial order directing attachment in aid of execution or execution against any property subject to the Vienna Convention on Diplomatic Relations or the Vienna Convention on Consular Relations. (2) EXCEPTION.— ^A waiver under this subsection shall not apply to— (A) property subject to the Vienna Convention on Diplomatic Relations or the Vienna Convention on Consular Relations that has been used by the United States for any nondiplomatic purpose (including use as rental property), or the proceeds of such use; or (B) the proceeds of any sale or transfer for value to a third party of any asset subject to the Vienna Convention on Diplomatic Relations or the Vienna Convention on Consular Relations. (c) SPECIAL RULE FOR CASES AGAINST IRAN.— Section 2002 of the Victims of Trafficking and Violence Protection Act of 2000 (Public Law 106-386; 114 Stat. 1542), as amended by section 686 of Public Law 107-228, is further amended— Ante, p. 1411. (1) in subsection (a)(2)(A)(ii), by striking "July 27, 2000, or January 16, 2002" and inserting "July 27, 2000, any other date before October 28, 2000, or January 16, 2002"; (2) in subsection (b)(2)(B), by inserting after "the date of enactment of this Act" the following: "(less amounts therein as to which the United States has an interest in subrogation pursuant to subsection (c) arising prior to the date of entry of the judgment or judgments to be satisfied in whole or in part hereunder)"; (3) by redesignating subsections (d), (e), and (f) as sub- 28 USC 1606, sections (e), (f), and (g), respectively; and 1610 and note. (4) by inserting after subsection (c) the following new subsection (d): " (d) DISTRIBUTION OF ACCOUNT BALANCES AND PROCEEDS INAD- EQUATE TO SATISFY FULL AMOUNT OF COMPENSATORY AWARDS AGAINST IRAN.—