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I want to give you all a break for a moment and transform to Mr. Swartz. Normally, we would have had two panels, yet we really did not recognize just how the Us senate would certainly be running today, so in an effort to make sure we got with all the treaties today, we did this as one panel.

Swartz, you explain in your testament as well as your declarations that the treaty with Bermuda also pierces bank secrecy and offers a device for us obtaining the information we need. There have been some mutual legal help treaties that include arrangements related straight to sharing financial institution documents or other monetary information.

Swartz. Thanks, Mr. Chairman. When it come to that specific concern, the board may be referring to the fairly brand-new arrangement that shows up, as an example, in our E.U.-U.S. Mutual Legal Support Treaty, the recognition of bank documents arrangement. That was a stipulation that was prepared and also taken on in the context of the E.U.

Under that provision, it's feasible for the asking for celebration to inquire regarding whether an account exists in the requested country, or in the situation of the E.U., among the requested member states. Thereafter, the request, if there is a recognition of an account, should be followed up via a typical shared legal support treaty.

As well as when it come to Bermuda, our document of collaboration has been great. We think that the record we have on the manufacturing of records, including bank records, is such that we are confident that the stipulations consisted of in this mutual legal support treaty, which do need teamwork on the production of documents, will certainly be sufficient to guarantee that we obtain the records we need for our financial investigations and other investigations.

Some other MLATs additionally enable for urgent, non-written kind demands to be made. Mr. Chairman, while it is true that the Common Lawful Aid Treaty does need requests in written kind, it was the judgment of the arbitrators that it was sufficient that, in this situation, with respect to Bermuda, we would be able to obtain expeditious feedbacks to our demands as well as also offer such feedbacks to Bermuda's requests, particularly due to the fact that we have a practice already established that will certainly continue, we think, under the treaty of being able to convey those demands via email or via fax.

Senator Cardin. Was this, primarily, a choice made by U.S. negotiators, that it was not needed, recognizing how we can rapidly obtain faxes and also e-mails sent? Is that fair adequate to state, or otherwise? Mr. Johnson. Senator, if I can help on that one? Senator Cardin. Certain. Mr. Johnson.

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Bermuda stood up to that because they intended to ensure that the requests were clear and also in an extra official means. In the negotiations, it additionally came to be clear that they approved that such demand could be made by fax or by e-mail. The genuine issue they were worried regarding was not finding a fast ways to make a request, however actually just taking dental requests off the table.

So we're confident that we've obtained the means in location that we can make immediate demands of them in such a way that will certainly work. Mr. Swartz. Mr. Chairman, if I might add, as a matter of fact, while it is a benefit to be able to make dental demands, in practice, it's very uncommon that we do so.

Legislator Cardin. My primary concern is simply, in immediate matters, that it's not delayed. And also with modern-day communication, it seems to me that can possibly be handled. I'm a lot more worried regarding bank records. Mr. Johnson, do have any type of remarks on the financial institution records concern? Mr. Johnson. Once again, not particularly on the financial institution problem.

The difference between being able to do a dental request or being able to utilize one of these other really fast ways, we assume, is not substantial. Senator Cardin. There've been some concerns raised concerning the adequacy of Bermuda legislation relative to loss of earnings and agencies of criminal offenses.

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Mr. Chairman, we are. The Common Lawful Assistance Treaty in Short article 17 does obligate Bermuda to provide assistance to the United States in process connecting to forfeit of earnings as well as agencies of criminal offense, to the degree permitted by the legislation of Bermuda.

We've had two instances of effective ask for restriction and also forfeit of properties. Both circumstances were a success and also we had the ability to get the funds. As a basic issue, help is offered under the laws of Bermuda, and I do believe that is essential to anxiety, when it come to freezing, seizing, as well as restraining possessions, consisting of for issues connecting to terrorism and terrorism financing.

Yet it needs to be kept in mind that forfeiture support 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 doesn't exist domestically. However once more, that's limited to agencies in nondrug infraction cases.

Senator Cardin. Thanks. Let me simply ask the basic inquiry, and any among you can react to it. In the Bermuda contract, there's an arrangement that is not unknown to us, where Bermuda can reject cooperation in capital cases. We understand, I comprehend that, so I'm not being important of that provision being included in there.

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Are we prevented as a result 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 be able to cooperate.

Actually, we have that experience with various other nations that have placed similar analyses on the mutual lawful help duties, and we've been able to exercise plans in a number of cases that allow us to get proof or review whether the proof is significant enough to go forward with some sort of additional steps being taken.

Mr. Johnson. Mr. Johnson. Yes, Senator, if I could just include in that, among the reasons this treaty took as long it did to discuss as well as wrap up is due to the fact that it was vital to us to ensure that there had not been a specific limitation on help in resources instances in the treaty itself.

Swartz pertaining to you. And also that method we assume that helps maintain the concept that is very important to us, that such collaboration needs to be available, irrespective of the sort of situation. And also we believe this has actually likewise birthed out with some other countries, where even with comparable issues about collaboration in capital situations, they have, for example, had the ability to provide help to the nonpenalty phase of a test or one more event examination.

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Senator Cardin. They do hold the right under this treaty to refute cooperation where the United States criminal justice system is looking for resources penalty? Mr. Johnson. Senator, they hold the right under the treaty to not offer assistance if are in contrast to public law or their necessary passions, and they have informed us that they analyze that to allow them, in death sentence cases, to work out that.

I just wanted to make it clear that they would not be an infraction of the treaty. We comprehend their interpretation, that if there was a situation pending here that we needed their help, where, plainly, the district attorneys were seeking the death penalty, Bermuda can choose not to work together under this treaty.

Swartz. If I could claim, Mr. Chairman, significantly, the treaty would certainly require, given that this would be a rejection under Write-up 3 of the treaty, that initially there needed to be assessments with the United States, before that rejection could move forward. And also I think that's a crucial element of the arrangement that Mr.

Instead of having an explicit provision, this is just one of a set of conditions under which aid may be denied after assessment, and also, amongst other things, that there need to be consideration as to whether assistance can be provided, based on such conditions as the asked for country deems needed. And also our experience because regard has actually been that we oftentimes can find suitable assurances to allow proof to be produced, at least for preliminary analysis of the significance of proof in the event on the whole.

And I assume that would be useful for us to have that details in this committee. Ms. Mc, Carthy, you have the simplest job right here, considering that this arrangement was previously accepted 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 substantial adjustments in our investment partnership with Rwanda given that last November when you gave statement on this treaty? Ms. Mc, Carthy. Thank you, Mr. Chairman. What we have seen considering that last November is a rise in United States investment in Rwanda, as well as 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 significant resort in Kigali. And, also, Marriott Hotels is entering to promote the nation's growing friendliness sector. So I would certainly say that, offered this pattern of enhanced investment, that it is essential that the protections be afforded for them.

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You also discussed the reality that the United States is discovering various other reciprocal investment treaties in Africa. I assume we have 5 existing reciprocal 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. We might have some added inquiries for the document. As you understand, the document continues to be open for 24-hour, so you obtain a break. That's a quite quick turnaround time for this committee. Yet I do appreciate your perseverance with the board and also thank you extremely a lot for your statement today.

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Response. As laid out below, we wish to supply updated information on reported U.S. investment activity in Rwanda. Aside from these updates, the responses provided by the Division's witness in the 111th Congress remain precise. In 2009, the supply of UNITED STATE foreign direct financial investment in Rwanda was $1 million (according to the Bureau of Economic Analysis).

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And I assume that would be useful for us to have that info in this board. Mr. Swartz. Thanks. We would certainly be pleased to provide that. Senator Cardin. Ms. Mc, Carthy, you have the easiest job below, because this contract was previously accepted by this board. As I claimed in my opening, we approved it also late in the 111th Congress for action.

Have there been any kind of significant modifications in our financial investment connection with Rwanda because last November when you provided testament on this treaty? Ms. Mc, Carthy. Thank you, Mr. Chairman. What we have actually seen considering that last November is an increase in United States financial investment in Rwanda, and I can offer you a few examples.

In February of this year, we have Hilton Hotels; it's is going to open up a major resort in Kigali. As well as, likewise, Marriott Hotels is entering to help with the nation's expanding friendliness sector. So I would claim that, offered this pattern of raised financial investment, that it is very important that the securities be afforded for them.

You likewise mentioned the reality that the United States is discovering various other reciprocal financial investment treaties in Africa. I assume we have 5 current reciprocal financial investment treaties in Africa. Can you just share with us various other nations that the United States has shown passion in negotiating treaties?

I believe that completes the examining. I do appreciate your patience with the board and thank you really a lot for your statement today.

As established out listed below, we would certainly such as to offer updated details on reported U.S. financial investment task in Rwanda. In 2009, the stock of UNITED STATE foreign direct investment in Rwanda was $1 million (according to the Bureau of Economic Evaluation).

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