§2467 Enforcement of foreign judgment

Summary

A foreign country that is a party to the United Nations drug‑trafficking treaty, or that has a formal treaty or agreement with the United States for mutual forfeiture help, can ask U.S. courts to enforce that country’s final orders that make someone pay money or give up property tied to drug or similar crimes (including the kinds of offenses named in Article 3, paragraph 1 of the UN Convention and in 18 U.S.C. 1956(c)(7)(B)). Before a U.S. court will act, the foreign country must send a request to the Attorney General (or the person the Attorney General names). The request must include a short case summary, a certified copy of the foreign forfeiture order, a sworn statement that interested people were given fair notice and that the judgment is final, and any other information the Attorney General asks for. The Attorney General decides whether to approve the request, and that decision cannot be reviewed by a court or under the Administrative Procedure Act. If approved, the United States can file in federal district court to enforce the foreign order as if it were a U.S. judgment. The case can be brought in the District of Columbia or where the person or the property is found, and a person outside the U.S. can be sued if served under Federal Rule of Civil Procedure 4. The court must enforce the foreign order unless it finds one of five problems: the foreign system lacked basic due process, the foreign court had no personal or subject‑matter authority, required notice was not given, or the judgment was obtained by fraud. Enforcement procedures follow Federal Rule 69(a). The government may get a restraining order to hold property at any time, and the court must accept factual findings that are stated in the foreign forfeiture judgment. Money amounts use the exchange rate in effect when the foreign country files to enforce the judgment.