§2467 Enforcement of Foreign Judgment

Summary

Lets a qualifying foreign country ask U.S. courts to enforce a final foreign money or property forfeiture order if the country is part of the UN drug-trafficking convention or has a treaty or agreement with the U.S. A “foreign nation” here means one of those countries. A “forfeiture or confiscation judgment” means a final foreign order that makes someone pay money tied to certain crimes or give up property linked to those crimes. The foreign country must first send the Attorney General a case summary, a certified copy of the foreign judgment, a sworn statement saying people with an interest got proper notice and the judgment is final, and any other evidence the Attorney General asks for. The Attorney General decides whether to certify the request, and that decision is final. If certified, the United States can file to enforce the foreign judgment in a U.S. district court (the U.S. is the applicant; the person affected is the respondent). The case can be filed in Washington, D.C., or where the person or property is found, and defendants outside the U.S. can be served under federal civil rules. The court must enforce the judgment unless it finds serious problems such as lack of fair process, wrong jurisdiction, no proper notice, or fraud. Enforcement procedures follow federal civil rules. Courts can issue or recognize restraining orders to protect property, rely on affidavits or certified foreign orders, and cannot be blocked by parallel foreign cases. Courts must accept the foreign court’s stated facts, and money amounts are converted using the exchange rate when the enforcement suit is filed.