Notes on 18 U.S.C. § 983 : US Code - Notes

Search Notes on 18 U.S.C. § 983 : US Code - Notes

(Added and amended Pub. L. 106-185, Secs. 2(a), 9, Apr. 25, 2000,
114 Stat. 202, 216; Pub. L. 106-561, Sec. 3(a), Dec. 21, 2000, 114
Stat. 2791; Pub. L. 107-56, title III, Sec. 316(d), Oct. 26, 2001,
115 Stat. 310.)
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), 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, as amended, which is
classified generally to chapter 4 (Sec. 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, as
amended, which is classified generally to chapter 9 (Sec. 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, as amended, which is
classified to sections 1 to 6, 7 to 39 and 41 to 44 of Title 50,
Appendix, 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 Pub. L. 95-223, Dec. 28, 1977, 91 Stat.
1626, as amended, which is classified generally to chapter 35 (Sec.
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 Federal Rules of Evidence, referred to in subsec. (j)(4), are
set out in the Appendix to Title 28, Judiciary and Judicial
Procedure.
AMENDMENTS
2001 - Subsec. (i)(2)(D). Pub. 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). Pub. 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). Pub. L. 106-185, Sec. 9, added subsec. (j).
EFFECTIVE DATE OF 2000 AMENDMENT
Pub. L. 106-561, Sec. 3(b), 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 Pub. 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
Pub. L. 107-56, title III, Sec. 316(a)-(c), Oct. 26, 2001, 115
Stat. 309, provided that:
"(a) Right to Contest. - An owner of property that is confiscated
under any provision of law relating to the confiscation of assets
of suspected international terrorists, may contest that
confiscation by filing a claim in the manner set forth in the
Federal Rules of Civil Procedure (Supplemental Rules for Certain
Admiralty and Maritime Claims) [28 App. U.S.C.], and asserting as
an affirmative defense that -
"(1) the property is not subject to confiscation under such
provision of law; or
"(2) the innocent owner provisions of section 983(d) of title
18, United States Code, apply to the case.
"(b) Evidence. - In considering a claim filed under this section,
a court may admit evidence that is otherwise inadmissible under the
Federal Rules of Evidence [28 App. U.S.C.], 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.
"(c) Clarifications. -
"(1) Protection of rights. - The exclusion of certain
provisions of Federal law from the definition of the term 'civil
forfeiture statute' in section 983(i) of title 18, United States
Code, shall not be construed to deny an owner of property the
right to contest the confiscation of assets of suspected
international terrorists under -
"(A) subsection (a) of this section;
"(B) the Constitution; or
"(C) subchapter II of chapter 5 of title 5, United States
Code (commonly known as the 'Administrative Procedure Act').
"(2) Savings clause. - Nothing in this section shall limit or
otherwise affect any other remedies that may be available to an
owner of property under section 983 of title 18, United States
Code, or any other provision of law."