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Published Oct 20, 21
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Well, thank you significantly. I desire to provide you all a break for a moment as well as look to Mr. Swartz. You've been very patient, the 3 of you. I appreciate that significantly. Usually, we would certainly have had two panels, but we didn't recognize how the Us senate would be operating today, so in an effort to make certain we made it through all the treaties today, we did this as one panel.

Swartz, you point out in your testament as well as your declarations that the treaty with Bermuda also pierces financial institution secrecy and also gives a device for us getting the info we require. There have been some common lawful help treaties which contain stipulations associated directly to sharing financial institution records or various other monetary info.

That was a stipulation that was drafted and also adopted in the context of the E.U.

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Under that provision, stipulation's possible for feasible requesting party to event information as details whether an account exists in the requested countryAsked for nation in the case of instance E.U., one of the requested member asked for. Afterwards, the request, if there is a recognition of an account, must be complied with up through a standard shared legal help treaty.

And also with regard to Bermuda, our record of collaboration has actually been excellent. Our company believe that the document we have on the production of records, consisting of financial institution records, is such that we are certain that the stipulations consisted of in this shared legal assistance treaty, which do call for collaboration on the production of records, will suffice to make certain that we obtain the records we need for our monetary investigations and also various other investigations.

Some various other MLATs also enable urgent, non-written form requests to be made. It's my understanding that in Bermuda, it must remain in written kind. Any type of reason that arrangement was not consisted of in this agreement? Mr. Swartz. Mr. Chairman, while it holds true that the Mutual Lawful Support Treaty does require requests in written kind, it was the judgment of the mediators that it sufficed that, in this case, when it come to Bermuda, we would have the ability to get prompt actions to our requests as well as also give such actions to Bermuda's requests, specifically due to the fact that we have a technique already developed that will certainly continue, we believe, under the treaty of being able to convey those demands via email or via fax.

Legislator Cardin. Mr. Johnson. Mr. Johnson.

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Bermuda withstood that due to the fact that they desired to see to it that the demands were clear and in a much more formal way. However in the settlements, it also became clear that they accepted that such demand can be made by fax or by e-mail. The genuine problem they were worried about was not locating a quick methods to make a request, yet truly just taking oral demands off the table.

We're confident that we have actually obtained the ways in place that we can make immediate demands of them in a method that will be efficient. Mr. Swartz. Mr. Chairman, if I could add, as a matter of fact, while it is an advantage to be able to make dental requests, in technique, it's really rare that we do so.

Senator Cardin. My primary issue is just, in urgent matters, that it's not postponed. And also with modern communication, it seems to me that can possibly be dealt with. I'm much more concerned concerning financial institution records. Mr. Johnson, do have any remarks on the financial institution documents concern? Mr. Johnson. Again, not especially on the bank issue.

The distinction in between being able to do a dental request or having the ability to utilize one of these other really rapid methods, we assume, is not substantial. Senator Cardin. There've been some concerns raised about the competence of Bermuda legislation relative to forfeits of proceeds and also instrumentalities of criminal offenses.

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Swartz. Mr. Chairman, we are. Of training course, the growth of forfeiture regulation is an important as well as modern issue. We've seen a number of changes throughout the years, consisting of right here in the United States. The Shared Lawful Aid Treaty in Article 17 does obligate Bermuda to provide support to the United States in procedures associating to loss of earnings as well as instrumentalities of crime, to the degree permitted by the law of Bermuda.

We have actually had two instances of successful demands for restraint as well as forfeit of possessions. Both circumstances were a success and we were able to get the funds. As a basic matter, aid is offered under the legislations of Bermuda, and I do assume that is necessary to tension, when it come to cold, confiscating, and restraining properties, including for matters associating with terrorism and also terrorism financing.

Yet it should be kept in mind that forfeit aid is not limited to what is permitted under Bermuda's residential legislation. When it come to an U.S. order, Bermuda can not forfeit a specific agency of nondrug offenses, since that power doesn't exist locally. But once more, that's limited to agencies in nondrug crime situations.

Senator Cardin. In the Bermuda arrangement, there's a stipulation that is not strange to us, where Bermuda can reject collaboration in resources situations.

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Are we prevented as a result of that or exists a method in which we are able to comply under this treaty, even in those instances? Mr. Swartz. Mr. Chairman, our company believe and we hope we still would have the ability to work together. Bermuda suggested, and also has advised the United States, that it reserves the right to reject aid in resources instances where the sentence consists of a feasible death sentence, depending on the-- as opposed to the crucial public law stipulation of Post 3 of the convention.

We have that experience with various other countries that have put comparable analyses on the common legal help responsibilities, and also we have actually been able to function out plans in a number of instances that allow us to get evidence or review whether the proof is significant sufficient to go onward with some kind of additional steps being taken.

Mr. Johnson. Mr. Johnson. Yes, Legislator, if I can just add to that, one of the factors this treaty took as long it did to negotiate and also conclude is because it was very important to us to make certain that there had not been a specific constraint on aid in capital cases in the treaty itself.

Swartz pertaining to you. Which way we believe that helps keep the concept that is necessary to us, that such collaboration must be readily available, irrespective of the kind of instance. As well as we believe this has actually additionally birthed out with a few other countries, where despite comparable issues regarding cooperation in capital situations, they have, as an example, had the ability to offer assistance to the nonpenalty phase of a trial or another party examination.

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They do hold the right under this treaty to refute teamwork where the United States criminal justice system is seeking funding punishment? Senator, they hold the right under the treaty to not provide help in situations that are in contrast to public plan or their essential passions, and also they have actually informed us that they interpret that to permit them, in fatality fine instances, to work out that.

I simply wanted to make it clear that they would certainly not be a violation of the treaty. We recognize their analysis, that if there was a case pending here that we needed their help, where, clearly, the prosecutors were seeking the fatality fine, Bermuda might decide not to comply under this treaty.

If I can claim, Mr. Chairman, notably, the treaty would certainly need, because this would certainly be a denial under Short article 3 of the treaty, that initially there had to be assessments with the United States, before that rejection can go onward. And I assume that's an essential aspect of the settlement that Mr.

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Rather than having an explicit provisionSpecific this is one of a set of collection under problems assistance may help might after consultation, assessment, and also other amongstVarious other that there must be consideration as to whether assistance can be given, offered to such conditions as problems requested country asked for necessary.

And I believe that would be practical for us to have that information in this board. Mr. Swartz. Thank you. foreign tax credit. We would certainly be glad to provide that. Legislator Cardin. Ms. Mc, Carthy, you have the simplest task here, considering that this contract was previously accepted by this committee. As I said in my opening, we approved it far too late in the 111th Congress for activity.

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Have there been any substantial changes in our investment relationship with Rwanda given that last November when you gave testament on this treaty? What we have actually seen because last November is a boost 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 a major resort in Kigali. And, also, Marriott Hotels is entering to help with the country's growing hospitality industry. So I would certainly state that, provided this pattern of enhanced investment, that it is essential that the protections be managed for them.

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You likewise discussed the fact that the United States is checking out other bilateral financial investment treaties in Africa. I assume we have five existing bilateral investment treaties in Africa. Can you simply share with us other countries that the United States has revealed rate of interest in working out treaties?

I think that finishes the examining. We may have some extra inquiries for the record. As you know, the record remains open for 24 hr, so you obtain a break. That's a quite fast turnaround time for this board. I do appreciate your patience with the board and also thank you extremely a lot for your testimony today.

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Answer. As laid out listed below, we wish to supply updated details on reported UNITED STATE investment activity in Rwanda. Aside from these updates, the solutions given by the Department's witness in the 111th Congress continue to be precise. In 2009, the supply of UNITED STATE foreign straight financial investment in Rwanda was $1 million (according to the Bureau of Economic Evaluation).

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And I think that would certainly be useful for us to have that information in this board. Ms. Mc, Carthy, you have the most convenient work right here, given that this contract was previously authorized by this board. As I claimed in my opening, we approved it too late in the 111th Congress for action.

Have there been any significant changes in our financial investment connection with Rwanda given that last November when you offered testament on this treaty? Ms. Mc, Carthy. Thank you, Mr. Chairman. What we have seen since last November is an increase in United States investment in Rwanda, and I can provide you a few 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 help with the nation's growing hospitality sector. So I would certainly claim that, provided this pattern of raised investment, that it is essential that the protections be managed for them.

investors. Legislator Cardin (foreign tax credit). I thank you for that. You likewise mentioned the fact that the United States is checking out other bilateral investment treaties in Africa. I think you pointed out another nation. I believe we have five present bilateral financial investment treaties in Africa. Can you just show to us other nations that the United States has revealed rate of interest in negotiating treaties? Ms.

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Senator Cardin. Thank you. I have actually been informed by the personnel that I ought to ask the inquiry of whether the administration still supports the Us senate passage of the Rwanda treaty, because it was held over from the last Congress. So, for the document? Ms. Mc, Carthy. We definitely do. Senator Cardin.

I believe that completes the questioning. We could have some extra inquiries for the record. As you recognize, the record continues to be open for 24 hr, so you obtain a break. That's a pretty fast turn-around time for this board. However I do appreciate your perseverance with the committee and also thank you significantly for your testament today.

As established out listed below, we would like to offer updated info on reported UNITED STATE investment task in Rwanda. In 2009, the supply of UNITED STATE foreign straight investment in Rwanda was $1 million (according to the Bureau of Economic Evaluation).

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