18 U.S.C. § 229B — Criminal forfeitures; destruction of weapons

(a) Property Subject to Criminal Forfeiture. Anyone convicted under section 229A(a) must give up to the United States — no matter what state law says — three kinds of property: (1) any property owned, possessed, or used by someone involved in the crime; (2) any property or proceeds that came, directly or indirectly, from the crime; and (3) any property used in any way to help commit the crime. The court must order this forfeiture as part of sentencing. Instead of the normal fine, a defendant who made profits from the crime can be fined up to twice those profits. (b) Procedures. Forfeiture cases under this section generally follow the same rules as forfeiture cases under a specific part of the Comprehensive Drug Abuse Prevention and Control Act of 1970, with references to that other law's sections replaced by references to section 229A(a). Before charges are even filed, the government can ask a court for a temporary restraining order to freeze property without notice or a hearing, if there is probable cause the property will be forfeited and an emergency threatens someone's life or health. If the court grants that order, it must also issue a warrant to seize the property. The usual time limits for these temporary orders under the 1970 drug law apply here too. (c) Affirmative Defense. It is a legal defense against forfeiture to show that the property is for a purpose the Chemical Weapons Convention does not prohibit, and that its type and amount match that purpose. (d) Destruction or Other Disposition. The Attorney General must arrange for any seized and forfeited chemical weapon to be destroyed or otherwise properly disposed of. (e) Assistance. The Attorney General can ask any federal agency to help handle, store, transport, or destroy the seized property. (f) Owner Liability. The owner or possessor of seized property must pay the United States back for the costs of seizing, handling, storing, transporting, and destroying or disposing of it.