§ 229B. — Criminal forfeitures; destruction of weapons.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC229B]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 11B--CHEMICAL WEAPONS
Sec. 229B. Criminal forfeitures; destruction of weapons
(a) Property Subject to Criminal Forfeiture.--Any person convicted
under section 229A(a) shall forfeit to the United States irrespective of
any provision of State law--
(1) any property, real or personal, owned, possessed, or used by
a person involved in the offense;
(2) any property constituting, or derived from, and proceeds the
person obtained, directly or indirectly, as the result of such
violation; and
(3) any of the property used in any manner or part, to commit,
or to facilitate the commission of, such violation.
The court, in imposing sentence on such person, shall order, in addition
to any other sentence imposed pursuant to section 229A(a), that the
person forfeit to the United States all property described in this
subsection. In lieu of a fine otherwise authorized by section 229A(a), a
defendant who derived profits or other proceeds from an offense may be
fined not more than twice the gross profits or other proceeds.
(b) Procedures.--
(1) General.--Property subject to forfeiture under this section,
any seizure and disposition thereof, and any administrative or
judicial proceeding in relation thereto, shall be governed by
subsections (b) through (p) of section 413 of the Comprehensive Drug
Abuse Prevention and Control Act of 1970 (21 U.S.C. 853), except
that any reference under those subsections to--
(A) ``this subchapter or subchapter II'' shall be deemed to
be a reference to section 229A(a); and
(B) ``subsection (a)'' shall be deemed to be a reference to
subsection (a) of this section.
(2) Temporary restraining orders.--
(A) In general.--For the purposes of forfeiture proceedings
under this section, a temporary restraining order may be entered
upon application of the United States without notice or
opportunity for a hearing when an information or indictment has
not yet been filed with respect to the property, if, in addition
to the circumstances described in section 413(e)(2) of the
Comprehensive Drug Abuse Prevention and Control Act of 1970 (21
U.S.C. 853(e)(2)), the United States demonstrates that there is
probable cause to believe that the property with respect to
which the order is sought would, in the event of conviction, be
subject to forfeiture under this section and exigent
circumstances exist that place the life or health of any person
in danger.
(B) Warrant of seizure.--If the court enters a temporary
restraining order under this paragraph, it shall also issue a
warrant authorizing the seizure of such property.
(C) Applicable procedures.--The procedures and time limits
applicable to temporary restraining orders under section
413(e)(2) and (3) of the Comprehensive Drug Abuse Prevention and
Control Act of 1970 (21 U.S.C. 853(e)(2) and (3)) shall apply to
temporary restraining orders under this paragraph.
(c) Affirmative Defense.--It is an affirmative defense against a
forfeiture under subsection (b) that the property--
(1) is for a purpose not prohibited under the Chemical Weapons
Convention; and
(2) is of a type and quantity that under the circumstances is
consistent with that purpose.
(d) Destruction or Other Disposition.--The Attorney General shall
provide for the destruction or other appropriate disposition of any
chemical weapon seized and forfeited pursuant to this section.
(e) Assistance.--The Attorney General may request the head of any
agency of the United States to assist in the handling, storage,
transportation, or destruction of property seized under this section.
(f) Owner Liability.--The owner or possessor of any property seized
under this section shall be liable to the United States for any expenses
incurred incident to the seizure, including any expenses relating to the
handling, storage, transportation, and destruction or other disposition
of the seized property.
(Added Pub. L. 105-277, div. I, title II, Sec. 201(a), Oct. 21, 1998,
112 Stat. 2681-868.)
