Page:United States Statutes at Large Volume 114 Part 1.djvu/257

 PUBLIC LAW 106-185—APR. 25, 2000 114 STAT. 221 "(1) IN GENERAL. —The district court shall enter such orders Courts, as may be necessary to enforce the judgment on behalf of the foreign nation unless the court finds that— "(A) the judgment was rendered under a system that provides tribunals or procedures incompatible with the requirements of due process of law; "(B) the foreign court lacked personal jurisdiction over the defendant; "(C) the foreign court lacked jurisdiction over the subject matter; "(D) the defendant in the proceedings in the foreign court did not receive notice of the proceedings in sufficient time to enable him or her to defend; or "(E) the judgment was obtained by fraud. "(2) PROCESS.— Process to enforce a judgment under this section shall be in accordance with rule 69(a) of the Federal Rules of Civil Procedure. "(e) FINALITY OF FOREIGN FINDINGS.— In entering orders to Courts. enforce the judgment, the court shall be bound by the findings of fact to the extent that they are stated in the foreign forfeiture or confiscation judgment. "(f) CURRENCY CONVERSION. —The rate of exchange in effect at the time the suit to enforce is filed by the foreign nation shall be used in calculating the amount stated in any forfeiture or confiscation judgment requiring the payment of a sum of money submitted for registration.". (b) CONFORMING AMENDMENT.— The analysis for chapter 163 of title 28, United States Code, is amended by adding at the end the following: "2467. Enforcement of foreign judgment.". SEC. 16. ENCOURAGING USE OF CRIMINAL FORFEITURE AS AN ALTER- NATIVE TO CIVIL FORFEITURE. Section 2461 of title 28, United States Code, is amended by adding at the end the following: "(c) If a forfeiture of property is authorized in connection with Courts. a violation of an Act of Congress, and any person is charged in an indictment or information with such violation but no specific statutory provision is made for criminal forfeiture upon conviction, the Government may include the forfeiture in the indictment or information in accordance with the Federal Rules of Criminal Procedure, and upon conviction, the court shall order the forfeiture of the property in accordance with the procedures set forth in section 413 of the Controlled Substances Act (21 U.S.C. 853), other than subsection (d) of that section.". SEC. 17. ACCESS TO RECORDS IN BANK SECRECY JURISDICTIONS. Section 986 of title 18, United States Code, is amended by adding at the end the following: "(d) ACCESS TO RECORDS IN BANK SECRECY JURISDICTIONS.— "(1) IN GENERAL.—In any civil forfeiture case, or in any ancillary proceeding in any criminal forfeiture case governed by section 413(n) of the Controlled Substances Act (21 U.S.C. 853(n)), in which— "(A) financial records located in a foreign country may be material— 79-194O-00 -9:QL3Part1

�