Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, <<NOTE: Preserving Foreign Criminal Assets for Forfeiture Act of 2010. 28 USC 1 note.>>
This Act may be cited as the ``Preserving Foreign Criminal Assets for Forfeiture Act of 2010''.
FOREIGN LAW.
Section 2467(d)(3)(A) of title 28, United States Code, is amended to read as follows: ``(A) Restraining orders.-- ``(i) In general.--To preserve the availability of property subject to civil or criminal forfeiture under foreign law, the Government may apply for, and the court may issue, a restraining order at any time before or after the initiation of forfeiture proceedings by a foreign nation. ``(ii) Procedures.-- ``(I) In general.--A restraining order under this subparagraph shall be issued in a manner consistent with subparagraphs (A), (C), and (E) of paragraph (1) and the procedural due process protections for a restraining order under section 983(j) of title 18. ``(II) Application.--For purposes of applying such section 983(j)-- ``(aa) references in such section 983(j) to civil forfeiture or the filing of a complaint shall be deemed to refer to the applicable foreign criminal or forfeiture proceedings; and
``(bb) the reference in paragraph (1)(B)(i) of such section 983(j) to the United States shall be deemed to refer to the foreign nation.''.
Approved December 22, 2010.
LEGISLATIVE HISTORY--S. 4005: ---------------------------------------------------------------------------
CONGRESSIONAL RECORD, Vol. 156 (2010): Dec. 14, considered and passed Senate. Dec. 16, considered and passed House.
<all>