    [United States Statutes at Large, Volume 124, 111th Congress, 2nd Session]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    Public Law 111-342
    111th Congress

    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

    [[Page 3608]]

    ``(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.''.

    Approved December 22, 2010.

    LEGISLATIVE HISTORY--S. 4005:
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    CONGRESSIONAL RECORD, Vol. 156 (2010):
    Dec. 14, considered and passed Senate.
    Dec. 16, considered and passed House.