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Published Oct 10, 21
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I want to provide you all a break for a moment and also transform to Mr. Swartz. Generally, we would have had 2 panels, however we really did not know how the Senate would certainly be operating today, so in an effort to make certain we obtained through all the treaties today, we did this as one panel.

Swartz, you point out in your testament and your declarations that the treaty with Bermuda also pierces bank privacy and gives a device for us obtaining the information we need. There have actually been some common legal assistance treaties which contain stipulations associated straight to sharing financial institution records or various other economic info.

That was an arrangement that was composed as well as adopted in the context of the E.U.

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Under that provision, it's possible for the requesting party to event information as info whether an account exists in the requested country, or in the case of the E.U., one of the requested member asked forParticipant Afterwards, the demand, if there is a recognition of an account, have to be followed up via a basic mutual lawful aid treaty.

And when it come to Bermuda, our document of collaboration has actually been excellent. We think that the document we carry the production of documents, including bank documents, is such that we are certain that the arrangements consisted of in this mutual lawful help treaty, which do call for collaboration on the manufacturing of documents, will be adequate to guarantee that we get the records we require for our monetary investigations and other examinations.

Some various other MLATs also permit for immediate, non-written type requests to be made. It's my understanding that in Bermuda, it must be in written form. Any type of reason that provision was not consisted of in this arrangement? Mr. Swartz. Mr. Chairman, while it holds true that the Common Legal Help Treaty does require requests in written form, it was the judgment of the negotiators that it sufficed that, in this case, with regard to Bermuda, we would be able to acquire prompt actions to our demands as well as additionally give such responses to Bermuda's requests, particularly since we have a technique already developed that will continue, our company believe, under the treaty of having the ability to convey those demands via email or through fax.

Senator Cardin. Mr. Johnson. Mr. Johnson.

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Bermuda withstood that because they intended to see to it that the demands were clear and in a much more formal way. In the negotiations, it additionally came to be clear that they approved that such request can be made by fax or by e-mail. The genuine concern they were worried concerning was not discovering a fast ways to make a demand, however actually just taking dental demands off the table.

So we're confident that we have actually got the methods in area that we can make immediate requests of them in a manner that will certainly be efficient. Mr. Swartz. Mr. Chairman, if I might add, as a matter of fact, while it is a benefit to be able to make dental requests, in method, it's really unusual that we do so.

Legislator Cardin. My main concern is just, in urgent issues, that it's not delayed. And also with modern-day interaction, it appears to me that can most likely be managed. I'm a lot more worried about bank documents. Mr. Johnson, do have any type of talk about the bank documents issue? Mr. Johnson. Once more, not particularly on the financial institution issue.

The difference between having the ability to do an oral demand or being able to use among these other really fast means, we think, is not consequential. Senator Cardin. There've been some problems raised concerning the competence of Bermuda legislation with respect to forfeitures of profits as well as agencies of criminal offenses.

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Swartz. Mr. Chairman, we are. Certainly, the development of loss law is an important and also modern issue. We have actually seen a variety of modifications over the program of the years, consisting of here in the United States. The Shared Legal Support Treaty in Short article 17 does obligate Bermuda to provide support to the United States in proceedings connecting to forfeiture of earnings and agencies of criminal offense, to the extent allowed by the law of Bermuda.

We've had two instances of effective demands for restraint and loss of assets. Both circumstances were a success and we were able to acquire the funds. As a general matter, aid is offered under the regulations of Bermuda, and I do believe that is necessary to stress, with regard to freezing, confiscating, and also restraining properties, including for matters relating to terrorism and terrorism funding.

It ought to be kept in mind that loss help is not restricted to what is allowed under Bermuda's residential regulation. When it come to a UNITED STATE order, Bermuda can not forfeit a details agency of nondrug offenses, since that power doesn't exist locally. Once again, that's limited to agencies in nondrug offense instances.

Senator Cardin. Thank you. Let me simply ask the basic concern, as well as any kind of among you can respond to it. In the Bermuda arrangement, there's a provision that is not unfamiliar to us, where Bermuda can deny cooperation in funding situations. We recognize, I recognize that, so I'm not being vital of that stipulation being included therein.

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Are we prevented as an outcome of that or is there a means in which we are able to work together under this treaty, also in those instances? Mr. Chairman, we believe and we wish we still would certainly be able to comply.

We have that experience with other nations that have actually put comparable analyses on the mutual lawful help obligations, as well as we've been able to function out plans in a number of situations that permit us to get evidence or review whether the evidence is significant enough to go forward with some kind of more steps being taken.

Mr. Johnson. Mr. Johnson. Yes, Senator, if I can just contribute to that, one of the factors this treaty took as lengthy it did to work out and conclude is because it was essential to us to see to it that there wasn't an express limitation on help in resources cases in the treaty itself.

Swartz pertaining to you. Which means we think that assists keep the concept that's vital to us, that such cooperation needs to be available, irrespective of the kind of case. As well as we believe this has actually also substantiated with a few other nations, where despite having comparable worries concerning collaboration in capital instances, they have, for example, had the ability to supply help to the nonpenalty phase of a test or one more celebration investigation.

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Legislator Cardin. However they do hold the right under this treaty to reject collaboration where the United States criminal justice system is looking for death sentence? Mr. Johnson. Senator, they hold the right under the treaty to not offer aid if contrast public law or their vital rate of interests, and also they have told us that they translate that to enable them, in death penalty instances, to exercise that.

I simply wanted to make it clear that they would not be a violation of the treaty. We understand their interpretation, that if there was a situation pending below that we needed their aid, where, plainly, the district attorneys were looking for the fatality penalty, Bermuda can make a decision not to coordinate under this treaty.

If I might claim, Mr. Chairman, importantly, the treaty would certainly call for, because this would be a rejection under Short article 3 of the treaty, that initially there had to be assessments with the United States, before that denial might go ahead. And I think that's a crucial facet of the negotiation that Mr.

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Rather than having an explicit provisionSpecific stipulation is one of a set of collection under problems assistance may be might after refuted, examination, among other amongst, that there must be need to as factor to consider whether assistance can be given, provided to such conditions as problems requested country asked for nation.

As well as I think that would be useful for us to have that details in this committee. Mr. Swartz. Thank you. foreign tax credit. We 'd rejoice to supply that. Senator Cardin. Ms. Mc, Carthy, you have the simplest job here, considering that this agreement was formerly accepted by this board. As I claimed in my opening, we accepted it far too late in the 111th Congress for action.

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Have there been any kind of considerable adjustments in our investment relationship with Rwanda given that last November when you gave testimony on this treaty? Ms. Mc, Carthy. Thanks, Mr. Chairman. What we have seen since last November is a rise in United States investment in Rwanda, and I can provide you a couple of instances.

In February of this year, we have Hilton Hotels; it's is going to open up a significant hotel in Kigali. And also, likewise, Marriott Hotels is entering to assist in the nation's expanding hospitality sector. I would certainly say that, provided this pattern of boosted financial investment, that it is crucial that the protections be managed for them.

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You additionally discussed the truth that the United States is exploring other reciprocal financial investment treaties in Africa. I think we have 5 present bilateral investment treaties in Africa. Can you simply share with us various other nations that the United States has shown passion in working out treaties?



I think that finishes the questioning. We could have some additional concerns for the document. As you recognize, the record remains open for 1 day, so you get a break. That's a quite fast turn-around time for this board. I do value your patience with the committee and thank you extremely a lot for your testament today.

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As set out below, we would like to give upgraded info on reported UNITED STATE financial investment activity 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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As well as I think that would be helpful for us to have that details in this committee. Mr. Swartz. Thank you. We 'd rejoice to supply that. Legislator Cardin. Ms. Mc, Carthy, you have the simplest task right here, given that this agreement was previously approved by this board. As I claimed in my opening, we approved it as well late in the 111th Congress for action.

Have there been any type of substantial changes in our financial investment connection with Rwanda considering that last November when you gave statement on this treaty? Ms. Mc, Carthy. Thanks, Mr. Chairman. What we have actually seen given that last November is a rise in United States investment in Rwanda, as well as I can offer you a few examples.

In February of this year, we have Hilton Hotels; it's is going to open up a significant hotel in Kigali. As well as, also, Marriott Hotels is entering to assist in the nation's expanding hospitality market. I would certainly claim that, provided this pattern of boosted financial investment, that it is essential that the defenses be managed for them.

You additionally mentioned the fact that the United States is exploring other bilateral financial investment treaties in Africa. I believe we have five present reciprocal financial investment treaties in Africa. Can you just share with us other nations that the United States has shown passion in working out treaties?

I think that completes the examining. We could have some additional concerns for the document. As you know, the document stays open for 24 hrs, so you obtain a break. That's a quite rapid turn-around time for this committee. However I do appreciate your perseverance with the committee as well as thank you quite for your testament today.

Response. As laid out below, we would love to provide upgraded info on reported U.S. investment activity in Rwanda. Apart from these updates, the responses given by the Division's witness in the 111th Congress remain accurate. In 2009, the stock of U.S. foreign straight investment in Rwanda was $1 million (according to the Bureau of Economic Evaluation).

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