Page:United States Statutes at Large Volume 114 Part 1.djvu/256

 114 STAT. 220 PUBLIC LAW 106-185—APR. 25, 2000 "(A) to pay a sum of money representing the proceeds of an offense described in Article 3, Paragraph 1, of the United Nations Convention, or any foreign offense described in section 1956(c)(7)(B) of title 18, or property the value of which corresponds to such proceeds; or "(B) to forfeit property involved in or traceable to the commission of such offense. "(b) REVIEW BY ATTORNEY GENERAL.— "(1) IN GENERAL.—A foreign nation seeking to have a forfeiture or confiscation judgment registered and enforced by a district court of the United States under this section shall first submit a request to the Attorney General or the designee of the Attorney General, which request shall include— "(A) a summary of the facts of the case and a description of the proceedings that resulted in the forfeiture or confiscation judgment; "(B) certified copy of the forfeiture or confiscation judgment; "(C) an affidavit or sworn declaration establishing that the defendant received notice of the proceedings in sufficient time to enable the defendant to defend against the charges and that the judgment rendered is in force and is not subject to appeal; and "(D) such additional information and evidence as may be required by the Attorney General or the designee of the Attorney General. "(2) CERTIFICATION OF REQUEST.— The Attorney General or the designee of the Attorney General shall determine whether, in the interest of justice, to certify the request, and such decision shall be final and not subject to either judicial review or review under subchapter II of chapter 5, or chapter 7, of title 5 (commonly known as the 'Administrative Procedure Act')., "(c) JURISDICTION AND VENUE.— "(1) IN GENERAL.—I f the Attorney General or the designee of the Attorney General certifies a request under subsection (b), the United States may file an application on behalf of a foreign nation in district court of the United States seeking to enforce the foreign forfeiture or confiscation judgment as if the judgment had been entered by a court in the United States. "(2) PROCEEDINGS. —In a proceeding filed under paragraph (1)- "(A) the United States shall be the applicant and the defendant or another person or entity affected by the forfeiture or confiscation judgment shall be the respondent; "(B) venue shall lie in the district court for the District of Columbia or in any other district in which the defendant or the property that may be the basis for satisfaction of a judgment under this section may be found; and "(C) the district court shall have personal jurisdiction over a defendant residing outside of the United States if the defendant is served with process in accordance with rule 4 of the Federal Rules of Civil Procedure. "(d) ENTRY AND ENFORCEMENT OF JUDGMENT. —

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