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Published Oct 09, 21
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Well, thank you quite. I intend to give you all a break for a moment and resort to Mr. Swartz. You have actually been really patient, the 3 of you. I appreciate that significantly. Normally, we would certainly have had two panels, but we didn't recognize just how the Senate would be running today, so in an effort to see to it we obtained via all the treaties today, we did this as one panel.

Swartz, you mention in your testament as well as your declarations that the treaty with Bermuda additionally punctures financial institution privacy as well as supplies a mechanism for us getting the details we require. There have been some mutual lawful aid treaties that consist of stipulations related straight to sharing bank records or various other financial details.

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

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Under that provision, it's possible for the requesting party to celebration information as to whether an account exists in the requested country, nation in the case of situation E.U., one of the requested member statesParticipant Afterwards, the demand, if there is a recognition of an account, need to be complied with up with a standard shared legal help treaty.

As well as when it come to Bermuda, our record of cooperation has been great. Our team believe that the document we carry the manufacturing of records, consisting of bank records, is such that we are confident that the arrangements included in this shared legal aid treaty, which do require cooperation on the manufacturing of documents, will certainly be enough to guarantee that we get the documents we require for our economic examinations and also various other investigations.

Some other MLATs additionally permit immediate, non-written form demands to be made. It's my understanding that in Bermuda, it must remain in written type. Any type of reason why that provision was not included in this contract? Mr. Swartz. Mr. Chairman, while it holds true that the Mutual Lawful Support Treaty does call for demands in written type, it was the judgment of the mediators that it was sufficient that, in this case, with respect to Bermuda, we would certainly have the ability to obtain prompt reactions to our demands and also supply such feedbacks to Bermuda's requests, especially due to the fact that we have a method currently established that will certainly continue, our company believe, under the treaty of having the ability to convey those demands via email or with fax.

Legislator Cardin. Was this, generally, a decision made by UNITED STATE mediators, that it was not necessary, knowing how we can promptly get faxes and emails sent out? Is that reasonable adequate to state, or not? Mr. Johnson. Senator, if I can help on that one? Legislator Cardin. Sure. Mr. Johnson.

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Bermuda stood up to that since they intended to make certain that the requests were clear as well as in an extra formal method. In the negotiations, it likewise became clear that they accepted that such demand can be made by fax or by e-mail. The real issue they were worried about was not locating a rapid methods to make a demand, however actually just taking dental requests off the table.

So we're certain that we have actually obtained the ways in position that we can make urgent requests of them in a method that will certainly work. Mr. Swartz. Mr. Chairman, if I may include, as a matter of fact, while it is an advantage to be able to make dental requests, in technique, it's very rare that we do so.

Senator Cardin. My primary problem is simply, in urgent matters, that it's not delayed. And with modern-day communication, it seems to me that can most likely be managed. I'm more worried concerning financial institution records. Mr. Johnson, do have any remarks on the bank records problem? Mr. Johnson. Once more, not particularly on the financial institution issue.

The distinction between having the ability to do an oral demand or being able to use among these various other really quick methods, we assume, is not consequential. Senator Cardin. There have actually been some issues increased about the adequacy of Bermuda regulation relative to loss of proceeds as well as agencies of criminal offenses.

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Swartz. Mr. Chairman, we are. Of training course, the advancement of forfeiture law is a crucial as well as dynamic issue. We have actually seen a number of adjustments throughout the years, consisting of below in the United States. The Common Lawful Aid Treaty in Short article 17 does obligate Bermuda to provide assistance to the United States in proceedings connecting to forfeit of proceeds and instrumentalities of criminal activity, to the level allowed by the law of Bermuda.

We have actually had 2 instances of successful ask for restraint and loss of possessions. Both circumstances were a success as well as we were able to acquire the funds. As a general issue, help is offered under the laws of Bermuda, as well as I do assume that's crucial to stress and anxiety, when it come to freezing, taking, as well as limiting possessions, consisting of for issues associating with terrorism and terrorism funding.

It should be noted that loss aid is not limited to what is allowed under Bermuda's domestic law. With regard to an U.S. order, Bermuda can not waive a particular instrumentality of nondrug offenses, since that power does not exist locally. However once more, that's limited to agencies in nondrug violation situations.

Legislator Cardin. In the Bermuda contract, there's a stipulation that is not unknown to us, where Bermuda can reject cooperation in resources situations.

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Are we impeded as an outcome of that or is there a means 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 be able to cooperate.

Actually, we have that experience with other nations that have put comparable analyses on the common legal support responsibilities, as well as we have actually been able to exercise setups in a number of cases that permit us to get proof or discuss whether the proof is significant enough to go ahead with some type of further steps being taken.

Mr. Johnson. Mr. Johnson. Yes, Senator, if I could simply contribute to that, among the factors this treaty took as long it did to work out and also wrap up is since it was necessary to us to make certain that there had not been an express limitation on assistance in resources situations in the treaty itself.

Swartz pertaining to you. And also that way we believe that assists preserve the concept that is necessary to us, that such teamwork must be available, irrespective of the type of case. As well as we believe this has likewise birthed out with a few other nations, where also with comparable concerns about collaboration in funding instances, they have, for example, had the ability to provide support to the nonpenalty stage of a trial or another celebration examination.

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Senator Cardin. They do hold the right under this treaty to deny cooperation where the United States criminal justice system is looking for capital penalty? Mr. Johnson. Senator, they hold the right under the treaty to not supply assistance in situations that contrast public law or their important interests, and also they have informed us that they interpret that to enable them, in capital punishment cases, to work out that.

I simply wanted to make it clear that they would not be an offense 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 seeking the fatality charge, Bermuda can determine not to work together under this treaty.

Swartz. If I might say, Mr. Chairman, importantly, the treaty would certainly call for, because this would be a denial under Article 3 of the treaty, that initially there needed to be appointments with the United States, prior to that denial could go ahead. And also I believe that's an essential aspect of the arrangement that Mr.

Instead of having a specific stipulation, this is just one of a collection of conditions under which help may be rejected after appointment, and, to name a few things, that there must be factor to consider as to whether help can be offered, subject to such problems as the requested country deems necessary. As well as our experience in that regard has actually been that we frequently can discover appropriate guarantees to permit proof to be created, a minimum of for first assessment of the significance of evidence in the event on the whole.

As well as I assume that would certainly be handy for us to have that details in this board. Mr. Swartz. Thank you. foreign tax credit. We would certainly be happy to supply that. Senator Cardin. Ms. Mc, Carthy, you have the easiest work right here, since this contract was previously approved by this board. As I claimed in my opening, we authorized it too late in the 111th Congress for activity.

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Have there been any substantial adjustments in our financial investment relationship with Rwanda considering that last November when you offered testimony on this treaty? Ms. Mc, Carthy. Thanks, Mr. Chairman. What we have seen given that last November is a rise in United States financial investment in Rwanda, as well as I can offer you a couple of instances.

Likewise, in February of this year, we have Hilton Hotels; it's is going to open up a major hotel in Kigali. And, also, Marriott Hotels is entering to promote the nation's expanding friendliness sector. I would say that, provided this pattern of increased investment, that it is crucial that the defenses be afforded for them.

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You also mentioned the truth that the United States is exploring various other bilateral investment treaties in Africa. I think we have 5 existing reciprocal investment treaties in Africa. Can you just share with us various other countries that the United States has shown rate of interest in working out treaties?



I assume that completes the examining. I do appreciate your persistence with the board and thank you really much for your testimony today.

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Solution. As laid out listed below, we would certainly like to offer updated details on reported UNITED STATE investment task in Rwanda. Aside from these updates, the responses offered by the Department's witness in the 111th Congress remain precise. In 2009, the supply of U.S. foreign direct financial investment in Rwanda was $1 million (according to the Bureau of Economic Analysis).

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And also I assume that would certainly be valuable for us to have that information in this board. Mr. Swartz. Thanks. We 'd be grateful to supply that. Legislator Cardin. Ms. Mc, Carthy, you have the most convenient job below, given that this arrangement was previously authorized by this board. As I claimed in my opening, we approved it also late in the 111th Congress for activity.

Have there been any kind of significant changes in our financial investment connection with Rwanda given that last November when you offered statement on this treaty? What we have actually seen because last November is a rise in United States investment in Rwanda, and also I can offer you a few examples.

Also, in February of this year, we have Hilton Hotels; it's is going to open up a major resort in Kigali. As well as, additionally, Marriott Hotels is going in to promote the country's expanding friendliness market. So I would state that, given this pattern of boosted investment, that it is essential that the defenses be managed for them.

You also pointed out the reality that the United States is checking out various other bilateral financial investment treaties in Africa. I believe we have five existing reciprocal financial investment treaties in Africa. Can you simply share with us various other nations that the United States has revealed rate of interest in working out treaties?

I think that finishes the questioning. We may have some additional questions for the record. As you know, the record stays open for 24 hr, so you obtain a break. That's a quite fast turnaround time for this committee. However I do appreciate your patience with the committee and thank you extremely much for your statement today.

As established out below, we would certainly like to offer upgraded information on reported UNITED STATE financial investment activity in Rwanda. In 2009, the supply of U.S. foreign direct investment in Rwanda was $1 million (according to the Bureau of Economic Evaluation).

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