[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 4005 Enrolled Bill (ENR)]

        S.4005

                      One Hundred Eleventh Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Tuesday,
             the fifth day of January, two thousand and ten


                                 An Act


 
   To amend title 28, United States Code, to prevent the proceeds or 
  instrumentalities of foreign crime located in the United States from 
           being shielded from foreign forfeiture proceedings.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
    This Act may be cited as the ``Preserving Foreign Criminal Assets 
for Forfeiture Act of 2010''.
SEC. 2. PRESERVATION OF PROPERTY SUBJECT TO FORFEITURE UNDER FOREIGN 
LAW.
    Section 2467(d)(3)(A) of title 28, United States Code, is amended 
to read as follows:
            ``(A) Restraining orders.--
                ``(i) In general.--To preserve the availability of 
            property subject to civil or criminal forfeiture under 
            foreign law, the Government may apply for, and the court 
            may issue, a restraining order at any time before or after 
            the initiation of forfeiture proceedings by a foreign 
            nation.
                ``(ii) Procedures.--

                    ``(I) In general.--A restraining order under this 
                subparagraph shall be issued in a manner consistent 
                with subparagraphs (A), (C), and (E) of paragraph (1) 
                and the procedural due process protections for a 
                restraining order under section 983(j) of title 18.
                    ``(II) Application.--For purposes of applying such 
                section 983(j)--

                        ``(aa) references in such section 983(j) to 
                    civil forfeiture or the filing of a complaint shall 
                    be deemed to refer to the applicable foreign 
                    criminal or forfeiture proceedings; and
                        ``(bb) the reference in paragraph (1)(B)(i) of 
                    such section 983(j) to the United States shall be 
                    deemed to refer to the foreign nation.''.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.