NCJ Number
161920
Journal
Criminal Law Forum Volume: 6 Issue: 2 Dated: (1995) Pages: 377-389
Date Published
1995
Length
13 pages
Annotation
The United States and other countries are increasingly recognizing the need for international cooperation in drug forfeiture as part of effective international drug law enforcement and have enacted legislation and agreements to make international forfeiture possible.
Abstract
Until recently, the United States was able to pursue forfeiture actions only against property within its borders. As a result, large amounts of illicit wealth generated in the United States have been deposited or invested in foreign countries. Now, treaties and other agreements enable the United States to request that another country to freeze or retrain forfeitable assets. Article V of the 1988 United Nations Convention Against Illicit Traffic in Narcotics Drugs and Psychotropic Substances, which took effect in November 1990, details the obligations on the parties to seek the confiscation of drug trafficking and money laundering proceeds. Under this provision, each country must enact laws with domestic and international forfeiture application. Mutual legal assistance treaties and United States executive agreements are other methods of exchanging assistance. The United States can initiate domestic forfeiture proceedings against domestic assets resulting from foreign drug crimes; can request a foreign country to freeze assets or issue a restraining asset; and, under the Money Laundering Control Act, can seek forfeiture of assets even when United States law has not been violated. The United States also believes that sharing proceeds of forfeited assets among countries enhances international cooperation by creating an incentive for countries to work together, regardless of where the assets are located or which government will ultimately enforce the forfeiture order. Footnotes