1076 
the standing of the claimant by dispositive motion or 
at the time of trial. 
‘‘(f) VENUE.—In addition to the venue provided for 
in section 1395 of title 28 or any other provision of law, 
in the case of property of a defendant charged with a viola-
tion that is the basis for forfeiture of the property under 
this section, a proceeding for forfeiture under this section 
may be brought in the judicial district in which the defend-
ant owning such property is found or in the judicial dis-
trict in which the criminal prosecution is brought. 
‘‘(g) DISPOSITION.— 
‘‘(1) Whenever property is forfeited under this 
subchapter, the Attorney General or the Secretary of 
the Treasury, as the case may be, may transfer the 
forfeited personal property or the proceeds of the 
sale of any forfeited personal or real property to any 
foreign country which participated directly or indi-
rectly in the seizure or forfeiture of the property, if 
such a transfer— 
‘‘(A) has been agreed to by the Secretary 
of State; 
‘‘(B) is authorized in an international 
agreement between the United States and the 
foreign country; and 
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‘‘(C) is made to a country which, if appli-
cable, 
has 
been 
certified 
under 
section 
490(a)(1) of the Foreign Assistance Act of 
1961. 
A decision by the Attorney General or the Secretary 
of the Treasury pursuant to this paragraph shall not 
be subject to review. The foreign country shall, in 
the event of a transfer of property or proceeds of 
sale of property under this subsection, bear all ex-
penses incurred by the United States in the seizure, 
maintenance, inventory, storage, forfeiture, and dis-
position of the property, and all transfer costs. The 
payment of all such expenses, and the transfer of as-
sets pursuant to this paragraph, shall be upon such 
terms and conditions as the Attorney General or the 
Secretary of the Treasury may, in his discretion, set. 
‘‘(2) This section does not limit or supersede 
any other authority of the United States to provide 
assistance to a foreign country in obtaining property 
related to a crime committed in the foreign country, 
including property which is sought as evidence of a 
crime committed in the foreign country. 
‘‘(3) A certified order or judgment of forfeiture 
by a court of competent jurisdiction of a foreign 
country concerning property which is the subject of 
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forfeiture under this section and was determined by 
such court to be the type of property described in 
section 2551(b)(2), and any certified recordings or 
transcripts of testimony taken in a foreign judicial 
proceeding concerning such order or judgment of 
forfeiture, shall be admissible in evidence in a pro-
ceeding brought pursuant to this section. Such cer-
tified order or judgment of forfeiture, when admitted 
into evidence, shall constitute probable cause that 
the property forfeited by such order or judgment of 
forfeiture is subject to forfeiture under this section 
and creates a rebuttable presumption of the forfeit-
ability of such property under this section. 
‘‘(4) A certified order or judgment of conviction 
by a court of competent jurisdiction of a foreign 
country concerning an unlawful drug activity which 
gives rise to forfeiture under this section and any 
certified recordings or transcripts of testimony taken 
in a foreign judicial proceeding concerning such 
order or judgment of conviction shall be admissible 
in evidence in a proceeding brought pursuant to this 
section. Such certified order or judgment of convic-
tion, when admitted into evidence, creates a rebutta-
ble presumption that the unlawful drug activity giv-
ing rise to forfeiture under this section has occurred. 
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‘‘(5) Paragraphs (3) and (4) do not limit the 
admissibility of any evidence otherwise admissible, or 
the ability of the United States to establish probable 
cause that property is subject to forfeiture by any 
evidence otherwise admissible. 
‘‘(h) DEFINITIONS.—As used in this section— 
‘‘(1) the term ‘Attorney General’ means the At-
torney General or his delegate; and 
‘‘(2) the term ‘Secretary of the Treasury’ 
means the Secretary of the Treasury or his delegate. 
‘‘(i) INTERBANK ACCOUNTS.— 
‘‘(1) IN GENERAL.— 
‘‘(A) IN GENERAL.—For the purpose of a 
forfeiture under this section, if funds are depos-
ited into an account at a foreign financial insti-
tution, and that foreign financial institution has 
an interbank account in the United States with 
a covered financial institution (as defined in 
section 5318(j)(1) of title 31), the funds shall 
be deemed to have been deposited into the 
interbank account in the United States, and 
any restraining order, seizure warrant, or arrest 
warrant in rem regarding the funds may be 
served on the covered financial institution, and 
funds in the interbank account, up to the value 
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of the funds deposited into the account at the 
foreign financial institution, may be restrained, 
seized, or arrested. 
‘‘(B) AUTHORITY TO SUSPEND.—The At-
torney General, in consultation with the Sec-
retary of the Treasury, may suspend or termi-
nate a forfeiture under this section if the Attor-
ney General determines that a conflict of law 
exists between the laws of the jurisdiction in 
which the foreign financial institution is located 
and the laws of the United States with respect 
to liabilities arising from the restraint, seizure, 
or arrest of such funds, and that such suspen-
sion or termination would be in the interest of 
justice and would not harm the national inter-
ests of the United States. 
‘‘(2) NO REQUIREMENT FOR GOVERNMENT TO 
TRACE
FUNDS.—If a forfeiture action is brought 
against funds that are restrained, seized, or arrested 
under paragraph (1), it shall not be necessary for 
the Government to establish that the funds are di-
rectly traceable to the funds that were deposited into 
the foreign financial institution, nor shall it be nec-
essary for the Government to rely on the application 
of section 2554. 
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‘‘(3) CLAIMS
BROUGHT
BY
OWNER
OF
THE 
FUNDS.—If a forfeiture action is instituted against 
funds restrained, seized, or arrested under para-
graph (1), the owner of the funds deposited into the 
account at the foreign financial institution may con-
test the forfeiture by filing a claim under section 
2553. 
‘‘(4) DEFINITIONS.—For purposes of this sub-
section, the following definitions apply: 
‘‘(A) INTERBANK
ACCOUNT.—The term 
‘interbank account’ has the same meaning as in 
section 2554(c)(2)(B). 
‘‘(B) OWNER.— 
‘‘(i) IN
GENERAL.—Except as pro-
vided in clause (ii), the term ‘owner’— 
‘‘(I) means the person who was 
the owner, as that term is defined in 
section 2553(d)(6), of the funds that 
were deposited into the foreign finan-
cial institution at the time such funds 
were deposited; and 
‘‘(II) does not include either the 
foreign financial institution or any fi-
nancial institution acting as an inter-
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