18 U.S.C. § 987 Anti-Terrorist Forfeiture Protection

LibraryUnited States Statutes
EditionprefLabel,label,title,shortLabel
CurrencyCurrent through P.L. 118-19 (published on www.congress.gov on 10/06/2023)
Citation18 U.S.C. § 987

(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), 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, 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;

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