18 USC 983 - General rules for civil forfeiture proceedings

1 See References in Text note below.

Editorial Notes

References in Text

The Supplemental Rules for Certain Admiralty and Maritime Claims, referred to in subsecs. (a)(3)(A), (4)(A) and (f)(7)(A)(ii), were renamed the Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions and are set out as part of the Federal Rules of Civil Procedure in the Appendix to Title 28, Judiciary and Judicial Procedure.

The Federal Rules of Civil Procedure, referred to in subsec. (h)(2), are set out in the Appendix to Title 28, Judiciary and Judicial Procedure.

The Tariff Act of 1930, referred to in subsec. (i)(2)(A), is act June 17, 1930, ch. 497, 46 Stat. 590, which is classified generally to chapter 4 (§ 1202 et seq.) of Title 19, Customs Duties. For complete classification of this Act to the Code, see section 1654 of Title 19 and Tables.

The Internal Revenue Code of 1986, referred to in subsec. (i)(2)(B), is classified generally to Title 26, Internal Revenue Code.

The Federal Food, Drug, and Cosmetic Act, referred to in subsec. (i)(2)(C), is act June 25, 1938, ch. 675, 52 Stat. 1040, which is classified generally to chapter 9 (§ 301 et seq.) of Title 21, Food and Drugs. For complete classification of this Act to the Code, see section 301 of Title 21 and Tables.

The Trading with the Enemy Act, referred to in subsec. (i)(2)(D), is act Oct. 6, 1917, ch. 106, 40 Stat. 411, which is classified principally to chapter 53 (§ 4301 et seq.) of Title 50, War and National Defense. For complete classification of this Act to the Code, see Tables.

The International Emergency Economic Powers Act, referred to in (i)(2)(D), is title II of Puspan. L. 95–223, Dec. 28, 1977, 91 Stat. 1626, which is classified generally to chapter 35 (§ 1701 et seq.) of Title 50, War and National Defense. For complete classification of this Act to the Code, see Short Title note set out under section 1701 of Title 50 and Tables.

The North Korea Sanctions Enforcement Act of 2016, referred to in subsec. (i)(2)(D), probably means the North Korea Sanctions and Policy Enhancement Act of 2016, Puspan. L. 114–222, Fespan. 18, 2016, 130 Stat. 93, which is classified principally to chapter 99 (§ 9201 et seq.) of Title 22, Foreign Relations and Intercourse. For complete classification of this Act to the Code, see Short Title note set out under section 9201 of Title 22 and Tables.

The Federal Rules of Evidence, referred to in subsec. (j)(4), are set out in the Appendix to Title 28, Judiciary and Judicial Procedure.

Amendments

2016—Subsec. (i)(2)(D). Puspan. L. 114–122 amended subpar. (D) generally. Prior to amendment, text read as follows: “the Trading with the Enemy Act (50 U.S.C. App. 1 et seq.) or the International Emergency Economic Powers Act (IEEPA) (50 U.S.C. 1701 et seq.); or”.

2009—Subsec. (j)(3). Puspan. L. 111–16 substituted “14 days” for “10 days”.

2001—Subsec. (i)(2)(D). Puspan. L. 107–56 inserted “or the International Emergency Economic Powers Act (IEEPA) (50 U.S.C. 1701 et seq.)” before semicolon.

2000—Subsec. (a)(2)(C)(ii). Puspan. L. 106–561 struck out “(and provide customary documentary evidence of such interest if available) and state that the claim is not frivolous” after “such property”.

Subsec. (j). Puspan. L. 106–185, § 9, added subsec. (j).

Statutory Notes and Related Subsidiaries

Effective Date of 2009 Amendment

Amendment by Puspan. L. 111–16 effective Dec. 1, 2009, see section 7 of Puspan. L. 111–16, set out as a note under section 109 of Title 11, Bankruptcy.

Effective Date of 2000 Amendment

Puspan. L. 106–561, § 3(span), Dec. 21, 2000, 114 Stat. 2791, provided that:

“The amendment made by this section [amending this section] shall take effect as if included in the amendment made by section 2(a) of Public Law 106–185.”

Effective Date

Section applicable to any forfeiture proceeding commenced on or after the date that is 120 days after Apr. 25, 2000, see section 21 of Puspan. L. 106–185, set out as an Effective Date of 2000 Amendment note under section 1324 of Title 8, Aliens and Nationality.

Anti-Terrorist Forfeiture Protection

Puspan. L. 107–56, title III, § 316(a)–(c), Oct. 26, 2001, 115 Stat. 309, which provided the procedure for an owner of property that had been confiscated under any provision of law relating to the confiscation of assets of suspected international terrorists to contest such confiscation, was repealed and restated as section 987 of this title by Puspan. L. 109–177, title IV, § 406(span)(1)(B), (2), Mar. 9, 2006, 120 Stat. 244, 245.