Prosecutors should give priority to pursuing forfeitable assets beyond the borders of the United States. Prosecutors who seek to restrain and forfeit illicit assets located abroad must seek the advice of one of the attorneys in MNF' International Programs Unit (IPU) at 202-514-1263. Contact should be made as soon as foreign assets that might become subject to a U.S. forfeiture judgment are identified. The extent and speed of forfeiture assistance can vary greatly depending upon treaty obligations and the operation of foreign domestic law. International requests for legal assistance can touch upon diplomatically sensitive issues and may require coordination with foreign or other domestic investigations. Therefore, it is imperative that prosecutors seek guidance from MNF IPU attorneys.

All incoming and outgoing international contacts by prosecutors in criminal justice matters must be coordinated with and through the Office of International Affairs (OIA). OIA is the channel through which the United States must make all formal requests to foreign governments for legal assistance. Federal prosecutors should adhere to established procedures for international contacts and should not contact foreign officials directly on case matters unless such contacts have been approved by, are under the supervision of, or are in consultation with OIA. At its discretion, OIA may permit prosecutors to have direct contact with foreign officials provided OIA is copied on or informed about all the relevant communications. Prosecutors should consult with OIA regarding the official policy on contact with foreign officials.

When faced with the seizure of non-fungible assets abroad that may require management, a federal prosecutor or investigator should contact the U.S. Marshals Service (USMS) at (202) 307-9009. The USMS, if needed, may enlist the assistance of the Diplomatic Security Services, which has been cross-designated by the USMS to provide property management services for property restrained or seized abroad. In cases where the lead law enforcement agency is a Department of Treasury or Department of Homeland Security agency, the federal prosecutor or investigator should contact the Department of Treasury, Executive Office of Asset Forfeiture (TEOAF) at 202-622-9600. Finally, as is true with the forfeiture of businesses located in the United States, MNF must be consulted before the United States asks a foreign government to restrain or seize an ongoing business or its assets or to appoint or hire a guardian, monitor, trustee, or manager for same.

In civil forfeiture proceedings, the United States will be required to provide notice by publication as set forth in Rule G of the Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions. Publication abroad should be requested in the manner and format that complies with the requirements of domestic publication and, as much as is possible, in the manner requested by the foreign government providing assistance with the publication. Before attempting publication in a foreign country, prosecutors must contact an MNF IPU attorney to ascertain the foreign government's preferences when it comes to notice by publication.

In cases where a foreign government has restrained or seized assets based upon a formal U.S. request, prosecutors must consult an MNF IPU attorney or the OIA attorney handling the case before seeking repatriation of those assets. Further, federal prosecutors and investigators should always consult with an MNF IPU or an OIA attorney before entering into an agreement with a defendant to repatriate criminally derived assets from abroad even when not restrained by the foreign government before seeking an order actually compelling the repatriation of specific assets pursuant to 21 U.S.C. § 853(e)(4).

OIA advises prosecutors seeking the seizure or restraint of property abroad to first obtain a probable cause finding regarding the property in question before asking OIA to make a request to seize and restrain assets for forfeiture pursuant to multilateral treaties, Mutual Legal Assistance Treaties (MLATs), letters rogatory, and letters of request. OIA will consider making a formal request without a probable cause determination where the assets located in a foreign state are held by a person "with no voluntary attachment to the United States." If the facts support this conclusion, the prosecutor should discuss this possibility with OIA.

Section 981(k) authorizes the United States to restrain, seize and forfeit property held in bank accounts located outside of the United States by permitting the restraint, seizure, and forfeiture of an equivalent amount of funds from any correspondent/interbank account that the foreign financial institution holds in the United States. See 18 U.S.C. § 981(k). Approval to use section 981(k) rests with the Chief of MNF in consultation with the appropriate officials from OIA, the Department of the Treasury, and the Department of State. Because these stakeholders in the policy issues implicated by the potential use of section 981(k) need an opportunity to review the proposed section 981(k) request to consider its ramifications, formal approval to utilize section 981(k) should be sought well in advance of the intended attempt to restrain or seize assets from any foreign bank's correspondent accounts. Applications requesting approval to use section 981(k) should be submitted in writing to the Chief, MNF, and presented through the deputy chief of MNF' IPU, who has responsibility for coordinating the approval process. Sample section 981(k) approval requests can be obtained from the MNF IPU. Requests for authority to use section 981(k) as the basis for forfeiting funds on deposit in accounts located outside the United States will only be approved if there are no other viable means of effecting forfeiture of the foreign property and should be considered only as a last resort. An application will not be approved solely because it is deemed more expedient than using the treaty mechanism.

Section 981(k) requests will be approved only in limited cases, such as when:

(1) There is no applicable treaty, agreement, or legal process in the foreign nation that would allow it to restrain, seize, or forfeit the target assets for the United States;

(2) There is a treaty or agreement in force, but the foreign nation does not recognize the U.S. offense that gives rise to forfeiture;

(3) There is a treaty or agreement in force, and in spite of its treaty obligation, in the past the foreign nation has failed to provide forfeiture assistance, or provided untimely or unsatisfactory forfeiture assistance;

(4) There is a treaty or agreement in force, but the foreign nation has no domestic enabling legislation that would permit it to fully execute U.S. forfeiture orders or judgments; or

(5) There is another significant reason that in the view of the stakeholders justifies use of section 981(k), e.g., corruption within the foreign government that may compromise the execution of a treaty request, or the inability to repatriate or return victim money to the United States after forfeiture.

Forfeiture of assets located abroad must be initiated as part of a pending criminal case or judicial civil forfeiture action. There is no authority under federal law to initiate the administrative forfeiture of property that is not physically located in the United States or its territories or possessions.

Prosecutors must consult with OIA before filing an in rem forfeiture action based on 28 U.S.C. § 1355(b)(2). OIA and MNF will determine whether the foreign country where the assets are located can assist in the U.S. action.

Federal prosecutors should neither agree to, nor enter into, any settlement or plea agreement affecting assets located abroad and should not make any representation about the availability of assets abroad to pay for legal fees incurred by a defendant without first speaking to an MNF IPU attorney about the foreign consequences of those decisions. In addition, prosecutors should be aware of limitations on negotiating with fugitives and persons fighting extradition. The policy considerations underlying the consultation and approval procedures that apply to settlement and plea agreements and agreements to use forfeitable funds to pay for attorney's fees apply with even greater force in the international context, particularly in light of the problems inherent in releasing funds held abroad. For additional information on this topic, see Chapter 10 of the Asset Forfeiture Policy Manual ("International Forfeiture").

[updated January 2026]