International Forfeiture

Federal law enforcement officers might attempt to seize property outside the United States for criminal or civil asset forfeiture proceedings under federal law.

Although rare, even state law enforcement agencies might attempt to seize property in a foreign country.

According to the Homeland Security Investigations (HSI) Asset Forfeiture Handbook, HSI HB 20-01, dated January 28, 2020, the following policy guidelines apply to international forfeitures:

There has been a steady increase in international cooperation between the United States and other countries in the asset forfeiture arena. In part, this is due to the fact that more and more countries continue to enact their own forfeiture and monetary laundering laws, enabling them to render assistance in seizing, freezing, and forfeiting assets on behalf of the U.S. Government.

Seeking assets and/or assistance from a foreign country is time consuming and must follow a strict protocol. Coordination and communication are critical. All AIRG SAs should beware of violating established procedures, treaties, or working agreements when seeking assistance and assets in a foreign country.

The extent and type of assistance which may be obtained from a foreign country will depend on that particular country’s domestic laws. If possible, it is extremely important to start this process very early in the investigation. It is also important for AIRG SAs to contact and coordinate their efforts with the appropriate HSI International Affairs Attaché.

Once a formal request for assistance has been initiated, the Attaché may be able to expedite the request if he or she has had advance notice of its arrival and nature…..

….There is no time limit for foreign law enforcement agencies or governments to make a request for asset sharing. The agency or government may make its request verbally or in writing. It can be an informal note or formal letter. This request may be made to the [Special Agent in Charge] SAC office, the [Homeland Security Investigations] HSI International Affairs Attaché, the Department of State, the [Department of Justice] DOJ [Office of International Affairs] OIA, the AIRG [Asset Identification and Removal Group] GS [General Schedule], the criminal case GS, the AIRG SA, or criminal case [Special Agent] SA.

The request may be made pursuant to Letters Rogatory, a Mutual Legal Assistance Treaty, a Memorandum of Understanding, a Memorandum of Agreement, or other standing or case-specific international sharing agreement. The DOJ OIA is a “one-stop shop” for international sharing with foreign countries. If an investigation involves sharing assets with a foreign government, the AIRG SA should inform the asset sharing coordinator in the local SAC office that an international asset sharing request may be forthcoming. The asset sharing coordinator needs to include this information in the package with the asset sharing requests received from domestic agencies. Even though an international equitable sharing request may take over a year or two to be completed, the funds need to be obligated and set aside at the time any sharing occurs with state and/or local agencies.

This article was last updated on Friday, January 24, 2024.