1. • Both international and domestic coordination are needed in matters relating to the forfeiture of assets located in foreign countries. Consequently, any attorney for the Federal government who plans to file a civil forfeiture action for assets located in another country pursuant to 28 U.S.C. § 1355(b)(2) is directed to notify the Office of International Affairs (OIA) of the Criminal Division before taking such action. Notification to OIA should be in writing and include the following information:
2. • a precise description of the assets subject to forfeiture;
3. • identification of the foreign country in which the assets are located and specific information as to their exact location (e.g., city, bank, account number and/or name);
4. • a brief description of the facts supporting the proposed forfeiture, particularly the acts or omissions occurring in the district requesting concurrence;
5. • identification of any other known districts which might have a claim to seeking forfeiture of the same assets and/or which have charges pending against the defendant/owner of the assets in question; and
6. • a description of any contact or communication already undertaken by the pertinent government attorney or U.S. law enforcement agents with the U.S. Embassy in the foreign country involved or with any officials or law enforcement authorities of that country concerning the assets, their potential forfeitability, or the offenses or criminal case underlying the proposed forfeiture.

Within ten days of receipt of such notification, OIA, in consultation with the Money Laundering and Asset Recovery Section, Criminal Division, will review the notification information, consult with foreign and U.S. authorities as appropriate to the facts and circumstances of the specific proposal, and communicate its findings to the attorney for the Federal government who submitted the notification.

Attorneys for the Federal government are also directed to coordinate with OIA in order to present to a foreign government, for enforcement or recognition, any civil or criminal forfeiture order entered in the United States for property located within the foreign jurisdiction.

In cases where it appears that the property in question is likely to be removed, destroyed, or dissipated so as to defeat the possibility of the forfeiture under U.S. law, the attorney for the Federal government may request OIA to seek the assistance of the authorities of the foreign government where the property is located to seize, restrain, or take other action necessary and appropriate to preserve the property for forfeiture.

[cited in JM 9-119.010] [updated April 2018]