USA PATRIOT Act, Title III, Subtitle A - Sec. 323. Enforcement of Foreign Judgments

Sec. 323. Enforcement of Foreign Judgments

The U.S. Code defines the means by which a foreign nation may seek to have a forfeiture or judgement notification enforced by a district court of the United States. This was amended under section 323 by adding a new paragraph that specifies how the U.S. government may apply for a restraining order to preserve the availability of property which is subject to a foreign forfeiture or confiscation judgement. In evaluating whether to issue the restraining order, the court may rely on information provided in an affidavit which describes the overseas investigation that is underway and why the property in question should be restrained. The U.S. court may also register and enforce a restraining order that has already been issued by a foreign court and which is certified by the Attorney General. Any objections to the restraining order must not include any made on grounds that are part of any parallel foreign litigation over the same property.

Section 323 places a large emphasis on the ability of a foreign court to follow due process when considering an application for a forfeiture or confiscation judgement to be registered and enforced in the U.S. The definition of "forfeiture and confiscation" is defined to mean a final order of a foreign nation which compels a person or entity to pay money for "any violation of foreign law that would constitute a violation or an offense for which property could be forfeited under Federal law if the offense were committed in the United States".