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Published Oct 17, 21
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I desire to offer you all a break for a moment and turn to Mr. Swartz. Usually, we would have had two panels, yet we didn't recognize just how the Senate would be operating today, so in an effort to make certain we obtained via all the treaties today, we did this as one panel.

Swartz, you explain in your testament as well as your statements that the treaty with Bermuda likewise pierces bank secrecy and also supplies a system for us getting the details we need. There have actually been some shared legal help treaties which contain stipulations related straight to sharing bank documents or various other economic information.

Swartz. Thanks, Mr. Chairman. When it come to that certain problem, the committee might be describing the relatively new arrangement that appears, for circumstances, in our E.U.-U.S. Mutual Legal Assistance Treaty, the recognition of bank records provision. That was a provision that was composed and taken on in the context of the E.U.

Under that provision, it's feasible for the requesting party to seek info as to whether an account exists in the asked for nation, or in the situation of the E.U., one of the requested member states. Yet, thereafter, the demand, if there is a recognition of an account, need to be adhered to up through a typical common legal help treaty.

As well as with respect to Bermuda, our record of participation has 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 included in this common legal aid treaty, which do call for collaboration on the production of documents, will suffice to guarantee that we obtain the records we require for our economic examinations and also other examinations.

A few other MLATs likewise enable urgent, non-written form demands to be made. It's my understanding that in Bermuda, it needs to remain in written form. Any reason why that stipulation was not included in this agreement? Mr. Swartz. Mr. Chairman, while it is real that the Shared Legal Help Treaty does call for demands in written kind, it was the judgment of the arbitrators that it was enough that, in this case, with respect to Bermuda, we would have the ability to obtain quick feedbacks to our requests and also give such actions to Bermuda's demands, specifically due to the fact that we have a method already established that will certainly continue, our company believe, under the treaty of having the ability to convey those requests through e-mail or via fax.

Senator Cardin. Was this, primarily, a decision made by U.S. negotiators, that it was not needed, recognizing exactly how we can quickly get faxes and also emails sent out? Is that reasonable enough to claim, or otherwise? Mr. Johnson. Legislator, if I can assist on that particular one? Senator Cardin. Certain. Mr. Johnson.

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Bermuda stood up to that because they intended to see to it that the requests were clear and in a more official method. But in the settlements, it likewise came to be clear that they approved that such request could be made by fax or by email. So the genuine concern they were concerned regarding was not discovering a rapid means to make a demand, but actually just taking dental demands off the table.

So we're confident that we have actually obtained the means in position that we can make immediate demands of them in a means that will be effective. Mr. Swartz. Mr. Chairman, if I could add, as a matter of fact, while it is an advantage to be able to make oral requests, in practice, it's really rare that we do so.

Senator Cardin. My main issue is simply, in immediate issues, that it's not delayed. And with modern-day interaction, it seems to me that can most likely be handled. I'm more worried about bank records. Mr. Johnson, do have any discuss the bank documents concern? Mr. Johnson. Once again, not especially on the bank problem.

The distinction between being able to do an oral demand or having the ability to make use of one of these other very quick ways, we think, is not consequential. Senator Cardin. There've been some issues increased regarding the adequacy of Bermuda legislation with respect to forfeits of proceeds as well as agencies of criminal offenses.

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Mr. Chairman, we are. The Shared Lawful Aid Treaty in Short article 17 does obligate Bermuda to give help to the United States in proceedings connecting to forfeit of proceeds and instrumentalities of crime, to the degree allowed by the regulation of Bermuda.

We have actually had 2 examples of effective ask for restraint as well as forfeit of assets. Both instances were a success and also we were able to obtain the funds. As a general issue, aid is readily available under the legislations of Bermuda, and I do assume that is essential to stress, with regard to cold, confiscating, as well as limiting possessions, including for matters connecting to terrorism and also terrorism financing.

However it needs to be kept in mind that forfeit aid is not restricted to what is permitted under Bermuda's residential law. When it come to an U.S. order, Bermuda can not surrender a certain agency of nondrug offenses, since that power does not exist domestically. Again, that's restricted to agencies in nondrug violation instances.

Senator Cardin. Thank you. Let me just ask the general question, and any among you can reply to it. In the Bermuda contract, there's a provision that is not strange to us, where Bermuda can refute participation in funding situations. We recognize, I recognize that, so I'm not being crucial of that provision being included therein.

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Are we impeded as a result of that or is there a method which we have the ability to cooperate under this treaty, even in those instances? Mr. Swartz. Mr. Chairman, our team believe and also we wish we still would have the ability to comply. Bermuda suggested, as well as has actually encouraged the United States, that it books the right to refute help in funding situations where the sentence includes a possible capital punishment, counting on the-- in contrast to the crucial public policy arrangement of Post 3 of the convention.

Actually, we have that experience with other nations that have put similar analyses on the common legal aid responsibilities, and we have actually had the ability to exercise setups in a number of cases that enable us to acquire evidence or review whether the proof is substantial sufficient to go onward with some kind of further steps being taken.

Mr. Johnson. Mr. Johnson. Yes, Legislator, if I might just include in that, among the factors this treaty took as long it did to discuss as well as wrap up is due to the fact that it was essential to us to make certain that there had not been an express constraint on help in funding situations in the treaty itself.

Swartz pertaining to you. Which means we think that helps maintain the principle that is very important to us, that such teamwork needs to be available, irrespective of the type of situation. As well as we think this has actually additionally birthed out with a few other countries, where also with similar concerns regarding teamwork in resources cases, they have, as an example, had the ability to provide assistance to the nonpenalty stage of a trial or an additional event examination.

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They do hold the right under this treaty to reject cooperation where the United States criminal justice system is looking for capital penalty? Legislator, they hold the right under the treaty to not give help in instances that are contrary to public plan or their crucial rate of interests, as well as they have actually told us that they translate that to enable them, in death penalty cases, to exercise that.

Legislator Cardin. I recognize that. I just wished to make it clear that they would certainly not be an infraction of the treaty. We comprehend their analysis, that if there was a situation pending here that we required their assistance, where, clearly, the prosecutors were seeking the capital punishment, Bermuda can choose not to work together under this treaty (foreign tax credit).

If I could state, Mr. Chairman, notably, the treaty would certainly call for, since this would be a rejection under Write-up 3 of the treaty, that first there had to be appointments with the United States, prior to that denial can go forward. And I assume that's an important facet of the arrangement that Mr.

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Rather than having an explicit provision, stipulation is one of a set of conditions under which assistance may aid denied after consultation, appointment, among other amongstVarious other points there must be consideration as factor to consider whether assistance can help given, offered to such conditions as the requested country deems necessaryConsiders

And I think that would be valuable for us to have that information in this board. Ms. Mc, Carthy, you have the easiest work below, considering that this arrangement was previously approved by this committee. 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 considerable changes in our investment relationship with Rwanda because last November when you gave testimony on this treaty? Ms. Mc, Carthy. Thanks, Mr. Chairman. What we have actually seen considering that last November is a boost in United States financial investment in Rwanda, and I can offer you a couple of instances.

Additionally, in February of this year, we have Hilton Hotels; it's is mosting likely to open a significant hotel in Kigali. As well as, also, Marriott Hotels is going in to facilitate the country's expanding friendliness industry. So I would state that, offered this pattern of raised investment, that it is very important that the protections be afforded for them.

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You also stated the reality that the United States is discovering other bilateral investment treaties in Africa. I believe we have 5 existing bilateral financial investment treaties in Africa. Can you simply share with us other countries that the United States has revealed interest in negotiating treaties?



I assume that finishes the examining. We could have some extra concerns for the record. As you recognize, the record continues to be open for 24 hrs, so you obtain a break. That's a rather fast turnaround time for this committee. But I do appreciate your perseverance with the board and thank you extremely a lot for your statement today.

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

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As well as I think that would certainly be valuable for us to have that information in this board. Ms. Mc, Carthy, you have the simplest work right here, given that this contract was formerly authorized by this board. As I said in my opening, we authorized it too late in the 111th Congress for action.

Have there been any type of considerable modifications in our investment relationship with Rwanda given that last November when you offered testimony on this treaty? What we have actually seen considering that last November is a boost in United States financial investment in Rwanda, as well as 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 major resort in Kigali. As well as, also, Marriott Hotels is going in to assist in the country's expanding hospitality industry. I would state that, provided this pattern of increased financial investment, that it is important that the defenses be managed for them.

investors. Senator Cardin (foreign tax credit). I thank you for that. You likewise stated the reality that the United States is checking out various other bilateral investment treaties in Africa. I think you discussed another country. I assume we have five existing bilateral financial investment treaties in Africa. Can you just share with us other nations that the United States has revealed passion in discussing treaties? Ms.

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Senator Cardin. Thank you. I have actually been informed by the personnel that I must ask the inquiry of whether the administration still supports the Senate approval of the Rwanda treaty, because it was held over from the last Congress. So, for the record? Ms. Mc, Carthy. We certainly do. Legislator Cardin.

I think that finishes the questioning. I do value your patience with the committee and thank you really a lot for your testament today.

As established out listed below, we would certainly like to provide upgraded details on reported UNITED STATE investment activity in Rwanda. In 2009, the stock of UNITED STATE foreign direct financial investment in Rwanda was $1 million (according to the Bureau of Economic Analysis).

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