TITLE 18 > PART I > CHAPTER 46 > Sec. 983.
Notes on Sec. 983.
SOURCE
Added and amended Pub. L. 106-185, Sec. 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).
TERMINATION DATE OF 2001 AMENDMENT
Amendments by title III of Pub. L. 107-56 to terminate effective on and after the first day of fiscal year 2005 if Congress enacts a joint resolution that such amendments no longer have the force of law, see section 303 of Pub. L. 107-56, set out as a Four-Year Congressional Review; Expedited Consideration note under section 5311 of Title 31, Money and Finance
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.'
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 981 of this title; title 28 section 2467
