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Published Oct 31, 21
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Well, thank you quite. I intend to give you all a break for a moment as well as rely on Mr. Swartz. You have actually been extremely patient, the 3 of you. I value that significantly. Typically, we would have had two panels, however we really did not understand just how the Senate would certainly be running today, so in an initiative to see to it we survived all the treaties today, we did this as one panel.

Swartz, you mention in your testament as well as your statements that the treaty with Bermuda likewise punctures financial institution privacy and supplies a system for us getting the information we need. There have actually been some common legal support treaties which contain stipulations related directly to sharing bank documents or various other monetary details.

That was a stipulation that was prepared and also embraced in the context of the E.U.

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Under that provision, stipulation's possible for the requesting party to seek information look for to whether an account exists in the requested countryAsked for or in the case of situation E.U., one of the requested member statesParticipant Thereafter, the request, if there is a recognition of an account, need to be complied with up with a basic shared lawful assistance treaty.

As well as when it come to Bermuda, our document of collaboration has been excellent. Our company believe that the record we carry the production of documents, consisting of financial institution documents, is such that we are confident that the arrangements consisted of in this common lawful help treaty, which do need participation on the production of records, will be adequate to make sure that we obtain the documents we need for our monetary examinations and various other investigations.

Some other MLATs likewise enable immediate, non-written type requests to be made. It's my understanding that in Bermuda, it must be in written form. Any reason that that arrangement was not consisted of in this contract? Mr. Swartz. Mr. Chairman, while it is true that the Common Lawful Aid Treaty does call for requests in written form, it was the judgment of the negotiators that it was enough that, in this instance, when it come to Bermuda, we would have the ability to acquire quick responses to our requests and likewise provide such reactions to Bermuda's demands, particularly due to the fact that we have a technique already established that will certainly proceed, our company believe, under the treaty of having the ability to convey those requests with e-mail or through fax.

Legislator Cardin. Mr. Johnson. Mr. Johnson.

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Bermuda stood up to that because they intended to ensure that the demands were clear and in a much more formal means. In the negotiations, it likewise ended up being clear that they approved that such demand could be made by fax or by e-mail. So the genuine concern they were worried regarding was not finding a quick ways to make a demand, however really just taking dental demands off the table.

So we're certain that we've got the methods in position that we can make immediate requests of them in a method that will be effective. Mr. Swartz. Mr. Chairman, if I might include, in truth, while it is an advantage to be able to make dental demands, in technique, it's very rare that we do so.

Senator Cardin. My major worry is just, in immediate issues, that it's not delayed. As well as with modern interaction, it appears to me that can possibly be taken care of. I'm a lot more worried concerning financial institution records. Mr. Johnson, do have any discuss the bank records issue? Mr. Johnson. Again, not especially on the financial institution problem.

The difference between having the ability to do an oral demand or being able to utilize among these other extremely quick means, we assume, is not substantial. Senator Cardin. There've been some issues elevated concerning the adequacy of Bermuda law with regard to forfeits of earnings as well as instrumentalities of criminal offenses.

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Swartz. Mr. Chairman, we are. Of program, the advancement of loss law is a crucial and progressive issue. We have actually seen a variety of changes throughout the years, including here in the United States. The Common Lawful Help Treaty in Post 17 does obligate Bermuda to provide aid to the United States in proceedings associating to loss of profits and also agencies of crime, to the degree permitted by the regulation of Bermuda.

We've had 2 examples of effective ask for restriction and also forfeit of properties. Both circumstances were a success and also we were able to get the funds. As a basic matter, assistance is readily available under the legislations of Bermuda, as well as I do assume that is necessary to anxiety, with respect to freezing, taking, as well as restraining assets, consisting of for matters associating with terrorism and also terrorism financing.

However it should be kept in mind that forfeiture assistance is not limited to what is allowed under Bermuda's residential legislation. When it come to a UNITED STATE order, Bermuda can not surrender a details agency of nondrug offenses, since that power doesn't exist domestically. Yet once again, that's restricted to agencies in nondrug crime instances.

Senator Cardin. Thank you. Allow me simply ask the general concern, and any kind of one of you can react to it. In the Bermuda arrangement, there's an arrangement that is not unfamiliar to us, where Bermuda can deny teamwork in capital cases. We understand, I comprehend that, so I'm not being crucial of that arrangement being consisted of therein.

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Are we impeded as a result of that or is there a way in which we are able to coordinate under this treaty, also in those cases? Mr. Chairman, we think as well as we hope we still would certainly be able to coordinate.

In truth, we have that experience with other countries that have placed comparable interpretations on the shared lawful assistance duties, as well as we've been able to exercise arrangements in a variety of situations that allow us to get proof or talk about whether the proof is substantial sufficient to move forward with some type of additional actions being taken.

Mr. Johnson. Mr. Johnson. Yes, Legislator, if I might simply contribute to that, one of the reasons this treaty took as lengthy it did to discuss and wrap up is since it was vital to us to make certain that there had not been an express limitation on support in resources situations in the treaty itself.

Swartz associated to you. And that means we believe that assists maintain the concept that is very important to us, that such teamwork should be offered, irrespective of the type of case. And also we assume this has actually likewise birthed out with some other countries, where also with similar concerns about teamwork in resources situations, they have, for instance, been able to offer support to the nonpenalty phase of a trial or an additional celebration examination.

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Legislator Cardin. However they do hold the right under this treaty to refute teamwork where the United States criminal justice system is looking for capital penalty? Mr. Johnson. Senator, they hold the right under the treaty to not offer help if are contrary to public policy or their necessary rate of interests, and also they have actually told us that they interpret that to allow them, in capital punishment instances, to work out that.

Legislator Cardin. I understand that. I simply wished to make it clear that they would not be an offense of the treaty. We understand their analysis, that if there was a case pending below that we required their help, where, plainly, the district attorneys were looking for the execution, Bermuda can determine not to cooperate under this treaty (foreign tax credit).

Swartz. If I might state, Mr. Chairman, importantly, the treaty would need, since this would be a denial under Article 3 of the treaty, that first there had to be assessments with the United States, prior to that denial could move forward. As well as I believe that's a crucial element of the settlement that Mr.

Instead of having an explicit provision, this is among a set of problems under which help may be rejected after consultation, as well as, among various other things, that there need to be consideration as to whether assistance can be offered, subject to such problems as the requested nation deems necessary. And our experience in that regard has actually been that we frequently can locate suitable guarantees to enable evidence to be produced, at the very least for first evaluation of the importance of evidence in the instance overall.

And I assume that would certainly be useful for us to have that information in this committee. Ms. Mc, Carthy, you have the most convenient job here, because this contract was formerly approved by this board. As I said in my opening, we approved it as well late in the 111th Congress for action.

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Have there been any kind of considerable changes in our investment partnership with Rwanda because last November when you offered testament on this treaty? What we have actually seen considering that last November is a boost in United States financial investment in Rwanda, and also I can give you a couple of instances.

In February of this year, we have Hilton Hotels; it's is going to open up a major resort in Kigali. And also, likewise, Marriott Hotels is entering to promote the country's expanding hospitality sector. I would certainly state that, given this pattern of boosted investment, that it is essential that the securities be managed for them.

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You additionally mentioned the truth that the United States is discovering other reciprocal investment treaties in Africa. I assume we have five current bilateral financial investment treaties in Africa. Can you simply share with us other nations that the United States has shown interest in working out treaties?



I believe that finishes the questioning. I do appreciate your persistence with the committee and also thank you extremely much for your statement today.

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As set out listed below, we would certainly such as to give upgraded information on reported U.S. investment task in Rwanda. In 2009, the stock of U.S. foreign straight financial investment in Rwanda was $1 million (according to the Bureau of Economic Evaluation).

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And also I assume that would be valuable for us to have that info in this board. Ms. Mc, Carthy, you have the most convenient work below, because this agreement was formerly authorized by this committee. As I stated in my opening, we authorized it as well late in the 111th Congress for action.

Have there been any substantial modifications in our financial investment relationship with Rwanda considering that last November when you gave testament on this treaty? Ms. Mc, Carthy. Thank you, Mr. Chairman. What we have seen considering that last November is a boost in United States investment in Rwanda, and I can give you a few examples.

Additionally, in February of this year, we have Hilton Hotels; it's is mosting likely to open up a major hotel in Kigali. As well as, additionally, Marriott Hotels is entering to promote the country's growing friendliness industry. So I would state that, given this pattern of increased financial investment, that it is very important that the protections be afforded for them.

financiers. Legislator Cardin (foreign tax credit). I thanks for that. You likewise discussed the truth that the United States is checking out various other reciprocal financial investment treaties in Africa. I believe you stated another nation. I think we have 5 current reciprocal financial investment treaties in Africa. Can you simply show to us various other countries that the United States has shown passion in negotiating treaties? Ms.

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Legislator Cardin. Thank you. I have actually been told by the personnel that I ought to ask the inquiry of whether the administration still supports the Senate approval of the Rwanda treaty, considering that it was held over from the last Congress. For the document? Ms. Mc, Carthy. We absolutely do. Senator Cardin.

I assume that completes the questioning. I do appreciate your perseverance with the board and also thank you very a lot for your testimony today.

As set out listed below, we would like to give updated info on reported U.S. financial investment task in Rwanda. In 2009, the supply of UNITED STATE foreign direct investment in Rwanda was $1 million (according to the Bureau of Economic Analysis).

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