(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.
(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
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.
The Federal Rules of Civil Procedure, referred to in subsec. (a), are set out in the Appendix to Title 28, Judiciary and Judicial Procedure.
The Federal Rules of Evidence, referred to in subsec. (b), are set out in the Appendix to Title 28, Judiciary and Judicial Procedure.
Provisions similar to those in this section were contained in Pub. L. 107–56, title III, § 316(a)–(c), Oct. 26, 2001, 115 Stat. 309, which was set out as a note under section
983 of this title, prior to repeal by Pub. L. 109–177, § 406(b)(2).
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013
An empty table indicates that we see no relevant changes listed in the classification tables. If you suspect that our system may be missing something, please double-check with the Office of the Law Revision Counsel.
Description of Change
Statutes at Large
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