posit of any funds into a dollar-denominated account in
a foreign financial institution that maintains a cor-
respondent account at a financial institution in the United
States. Such subpoena shall be issued in the manner de-
scribed in section 3486 of this title, and may be served
on the representative designated by the foreign financial
institution pursuant to subsection (a) to accept legal proc-
ess in the United States, or in a foreign country pursuant
to any mutual legal assistance treaty, multilateral agree-
ment, or other request for international law enforcement
assistance.
‘‘(d) In this section, ‘correspondent account’ has the
same meaning as the term ‘interbank account’ as defined
in section 984(c)(2)(B) of title 18, United States Code.’’.
(b) CLERICAL AMENDMENTS.—The table of sections
for chapter 53 of title 31, United States Code, is amended
by inserting after the item relating to section 5332 (as
added by this Act) the following new item:
‘‘5333. Subpoenas for records.’’.
(c) GRACE PERIOD.—Financial institutions affected
by 31 U.S.C. 5333(a) shall have 30 days from the date
of enactment of this Act to comply with the provisions of
that Section.
(d) REQUESTS FOR RECORDS.—Section 3486(a)(1)
of title 18, United States Code, is amended by striking
‘‘, or (II) a Federal offense involving the sexual exploi-
tation or abuse of children’’ and inserting ‘‘, (II) a Federal
offense involving the sexual exploitation or abuse of chil-
dren, or (III) money laundering in violation of sections
1956, 1957 or 1960 of this title’’.
SEC. 38. CORPORATION REPRESENTED BY A FUGITIVE.
Section 2466 of title 28, United States Code, is
amended—
(1) by striking ‘‘A judicial officer’’ and insert-
ing ‘‘(a) IN GENERAL.—A judicial officer’’; and
(2) by adding at the end the following new sub-
section:
‘‘(b) APPLICABILITY TO CORPORATIONS.—Subsection
(a) may be applied to a claim filed by a corporation if
any director of the corporation, majority shareholder, or
individual filing the claim on behalf of the corporation is
a person to whom subsection (a) applies.’’.
SEC. 39. ENFORCEMENT OF FOREIGN JUDGMENT.
Section 2467 of title 28, United States Code, is
amended—
(1) in subsection (d), by inserting after para-
graph (2) the following new paragraph:
‘‘(3) PRESERVATION
OF
PROPERTY.—To pre-
serve the availability of property subject to a foreign
forfeiture or confiscation judgment, the Government
may apply for, and the court may issue, a restrain-
ing order pursuant to section 983(j) of title 18,
United States Code, at any time before or after an
application is filed pursuant to subsection (c)(1).
The court, in issuing the restraining order—
‘‘(A) may rely on information set forth in
an affidavit describing the nature of the pro-
ceeding or investigation underway in the foreign
country, and setting forth a reasonable basis to
believe that the property to be restrained will be
named in a judgment of forfeiture at the con-
clusion of such proceeding, or
‘‘(B) may register and enforce restraining
order that has been issued by a court of com-
petent jurisdiction in the foreign country and
certified by the Attorney General pursuant to
subsection (b)(2).
No person may object to the restraining order on any
ground that is the subject of parallel litigation involving
the same property that is pending in a foreign court.’’.
(2) in subsection (b)(1)(C), by striking ‘‘estab-
lishing that the defendant received notice of the pro-
ceedings in sufficient time to enable the defendant’’
and inserting ‘‘establishing that the foreign nation
took steps, in accordance with the principles of due
process, to give notice of the proceedings to all per-
sons with an interest in the property in sufficient
time to enable such persons’’.
(3) in subsection (d)(1)(D), by striking ‘‘the de-
fendant in the proceedings in the foreign court did
not receive notice’’ and inserting ‘‘the foreign nation
did not take steps, in accordance with the principles
of due process, to give notice of the proceedings to
a person with an interest in the property’’.
(4) in subsection (a)(2)(A), by inserting ‘‘, any
violation of foreign law that would constitute a viola-
tion of an offense for which property could be for-
feited under Federal law if the offense were com-
mitted in the United States’’ after ‘‘United Nations
Convention’’.
Æ