Sec. 316. Anti-terrorist Forfeiture Protection
This section allows the incorrect seizure of the assets of those suspected to be international terrorist to be contested. The contesting party can file a claim under the Federal Rules of Civil Procedure and can either assert as an affirmative defense that their property was seized improperly or plead an innocent owner defense. The act also states that:
- In considering a claim filed under this section, a court may admit evidence that is otherwise inadmissible under the Federal Rules of Evidence, if the court determines that the evidence is reliable, and that compliance with the Federal Rules of Evidence may jeopardize the national security interests of the United States.
However, this clause does not deny a property owner of their right to contest the confiscation of assets that are suspected to be owned by international terrorists under the Fourth Amendment of the United States Constitution or under the Administrative Procedures Act. It also does not limit the remedies available to property owners defined under the civil forfeiture laws defined in the U.S. Code.
The section also made a technical amendment to the General Rules for Civil Forfeiture Proceedings by amending the definition of the term "civil forfeiture statute" to exclude the International Emergency Economic Powers Act (IEEPA).
Read more about this topic: USA PATRIOT Act, Title III, Subtitle A
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