Contents
(d)
(1)The district court shall enter such orders 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 foreign nation did not take steps, in accordance with the principles of due process, to give notice of the proceedings to a person with an interest in the property of the proceedings 2 in sufficient time to enable him or her to defend; or
(E)the judgment was obtained by fraud.
(2)Process to enforce a judgment under this section shall be in accordance with rule 69(a) of the Federal Rules of Civil Procedure.
(3)
(A)
(i)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)
(I)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)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.
(B)The court, in issuing a restraining order under subparagraph (A)—
(i)may rely on information set forth in an affidavit describing the nature of the proceeding or investigation underway in the foreign country, and setting forth a reasonable basis to believe that the property to be restrained will be named in a judgment of forfeiture at the conclusion of such proceeding; or
(ii)may register and enforce a restraining order that has been issued by a court of competent jurisdiction in the foreign country and certified by the Attorney General pursuant to subsection (b)(2).
(C)No person may object to a restraining order under subparagraph (A) on any ground that is the subject of parallel litigation involving the same property that is pending in a foreign court.
United States Government work; public domain under 17 U.S.C. § 105.