Page:United States Statutes at Large Volume 102 Part 5.djvu/318

 102 STAT. 4324

PUBLIC LAW 100-690—NOV. 18, 1988 to any foreign country which participated directly or indirectly in the seizure or forfeiture of the property, if such a transfer— "(i) has been agreed to by the Secretary of State; "(ii) is authorized in an international agreement between the United States and the foreign country; and "(iii) is made to a country which, if applicable, has been certified under section 481(h) of the Foreign Assistance Act of 1961.".

SEC. 6075. ADDITIONAL EXCEPTION TO PROVISION FORFEITURE OF CONVEYANCES.

RELATING

TO

Paragraph (4) of section 511(a) of the Controlled Substances Act (21 U.S.C. 881(a)(4)) is amended— (1) in subparagraph (A), by striking out "and" after the semicolon; (2) in subparagraph (B), by striking out the period at the end and inserting in lieu thereof "; and"; and (3) by adding at the end the following new subparagraph: "(C) no conveyance shall be forfeited under this paragraph to the extent of an interest of an owner, by reason of any act or omission established by that owner to have been committed or omitted without the knowledge, consent, or willful blindness of the owner.". SEC. 6076. FORFEITURES OF CONVEYANCES.

(a) AMENDMENT TO ACT OF AUGUST 9, 1939.—Section 2 of the Act of August 9, 1939 (chapter 618, 53 Stat. 1291; 49 U.S.C. App. 782), is amended by adding at the end the following: "No vessel, vehicle, or aircraft shall be forfeited under this section to the extent of an interest of an owner for a drug-related offense established by that owner to have been committed or omitted without the knowledge, consent, or willful blindness of the owner.". (b) AMENDMENTS TO TARIFF ACT OF 1930.—Section 594(b) of the

Tariff Act of 1930 (19 U.S.C. 1594(b)) is amended— (1) by inserting "(1)" after "(b)"; (2) by redesignating paragraphs (1), (2), and (3) as subparagraphs (A), (B), and (C), respectively; and (3) by adding at the end the following: "(2) Except as provided in paragraph (1) or subsection (c), no vessel, vehicle, or aircraft is subject to forfeiture to the extent of an interest of an owner for a drug-related offense established by that owner to have been committed or omitted without the knowledge, consent, or willful blindness of the owner.". SEC. 6077. RESTORATION OF EQUITABLE SHARING PRINCIPLE RELATING TO TRANSFER OF FORFEITED ASSETS TO STATE AND LOCAL AGENCIES UNDER THE CONTROLLED SUBSTANCES ACT.

(a) IN GENERAL.—Section 511(e) of the Controlled Substances Act (21 U.S.C. 881(e)) is amended by adding at the end the following new paragraph: "(3) The Attorney General shall assure that any property transferred to a State or local law enforcement agency under paragraph (1)(A)"(A) has a value that bears a reasonable relationship to the degree of direct participation of the State or local agency in the law enforcement effort resulting in the forfeiture, taking into

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