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Published Oct 29, 21
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Well, thank you extremely a lot. I wish to give you all a break for a minute and also turn to Mr. Swartz. You've been really patient, the 3 of you. I appreciate that quite. Typically, we would certainly have had two panels, however we really did not understand exactly how the Senate would be operating today, so in an effort to see to it we survived all the treaties today, we did this as one panel.

Swartz, you explain in your testimony and your declarations that the treaty with Bermuda additionally punctures financial institution privacy and supplies a device for us obtaining the details we need. There have actually been some common legal help treaties which contain provisions related directly to sharing financial institution documents or various other economic details.

That was a stipulation that was drafted and taken on in the context of the E.U.

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Under that provision, arrangement's possible for the requesting party to event information as to whether an account exists in the requested countryAsked for nation in the case of the E.U., one of the requested member asked for. Afterwards, the demand, if there is a recognition of an account, need to be complied with up via a typical shared legal support treaty.

As well as with respect to Bermuda, our record of cooperation has actually been great. We think that the record we carry the manufacturing of documents, consisting of financial institution documents, is such that we are positive that the provisions included in this mutual lawful assistance treaty, which do require participation on the manufacturing of records, will be enough to guarantee that we get the documents we require for our monetary investigations and also various other investigations.

A few other MLATs additionally enable urgent, non-written kind demands to be made. It's my understanding that in Bermuda, it must remain in written type. Any type of reason that arrangement was not included in this contract? Mr. Swartz. Mr. Chairman, while it is real that the Shared Legal Aid Treaty does call for requests in written kind, it was the judgment of the negotiators that it was enough that, in this case, with regard to Bermuda, we would have the ability to get prompt reactions to our requests as well as additionally give such reactions to Bermuda's demands, particularly because we have a practice already established that will continue, we believe, under the treaty of having the ability to share those requests with email or through fax.

Senator Cardin. Mr. Johnson. Mr. Johnson.

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Bermuda stood up to that since they wished to ensure that the requests were clear and in an extra formal way. In the arrangements, it also became clear that they accepted that such demand can be made by fax or by e-mail. So the actual issue they were concerned regarding was not locating a fast means to make a request, however truly just taking oral requests off the table.

We're certain that we've got the methods in area that we can make urgent demands of them in a method that will certainly be reliable. Mr. Swartz. Mr. Chairman, if I might include, as a matter of fact, while it is a benefit to be able to make dental requests, in practice, it's very rare that we do so.

Senator Cardin. Mr. Johnson, do have any kind of remarks on the bank documents concern? Mr. Johnson.

The difference between being able to do a dental request or being able to use one of these various other really rapid ways, we assume, is not substantial. Senator Cardin. There've been some issues increased about the competence of Bermuda legislation relative to forfeitures of proceeds and agencies of criminal offenses.

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Mr. Chairman, we are. The Shared Lawful Aid Treaty in Article 17 does obligate Bermuda to offer assistance to the United States in process connecting to forfeit of proceeds as well as agencies of crime, to the degree allowed by the law of Bermuda.

We have actually had two examples of effective ask for restraint as well as forfeiture of properties. Both instances were a success and also we had the ability to acquire the funds. As a basic issue, help is offered under the laws of Bermuda, as well as I do believe that is necessary to tension, when it come to freezing, seizing, as well as restraining properties, including for issues associating with terrorism and terrorism funding.

Yet it needs to be kept in mind that loss support is not restricted to what is permitted under Bermuda's residential regulation. With regard to an U.S. order, Bermuda can not surrender a particular instrumentality of nondrug offenses, because that power does not exist locally. However once again, that's restricted to instrumentalities in nondrug crime situations.

Senator Cardin. Thanks. Let me simply ask the basic question, and any type of one of you can reply to it. In the Bermuda agreement, there's an arrangement that is not unknown to us, where Bermuda can reject cooperation in funding instances. We recognize, I comprehend that, so I'm not being essential of that provision being included therein.

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Are we impeded as an outcome of that or is there a way in which we are able to coordinate under this treaty, also in those instances? Mr. Chairman, we think and also we hope we still would be able to cooperate.

In fact, we have that experience with other countries that have actually put similar interpretations on the common lawful help responsibilities, as well as we have actually been able to work out setups in a number of cases that permit us to get evidence or talk about whether the proof is significant sufficient to go forward with some type of further actions being taken.

Mr. Johnson. Mr. Johnson. Yes, Senator, if I could simply contribute to that, among the factors this treaty took as lengthy it did to negotiate and wrap up is due to the fact that it was crucial to us to make certain that there had not been an express constraint on assistance in resources instances in the treaty itself.

Swartz relevant to you. And also that means we assume that helps maintain the principle that's essential to us, that such participation ought to be available, irrespective of the kind of situation. And also we assume this has likewise substantiated with some other countries, where despite having similar concerns regarding cooperation in capital cases, they have, as an example, had the ability to offer assistance to the nonpenalty phase of a test or another event examination.

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Legislator Cardin. But they do hold the right under this treaty to deny participation where the United States criminal justice system is looking for death sentence? Mr. Johnson. Legislator, they hold the right under the treaty to not supply assistance in cases that are contrary to public law or their essential interests, as well as they have actually informed us that they translate that to permit them, in death sentence situations, to exercise that.

Legislator Cardin. I understand that. I simply wanted to make it clear that they would not be an infraction of the treaty. We understand their analysis, that if there was an instance pending here that we needed their aid, where, clearly, the prosecutors were looking for the death charge, Bermuda could determine not to cooperate under this treaty (foreign tax credit).

If I might say, Mr. Chairman, importantly, the treaty would certainly call for, considering that this would certainly be a rejection under Post 3 of the treaty, that first there had to be assessments with the United States, before that rejection might go onward. And I believe that's a crucial aspect of the negotiation that Mr.

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Rather than having an explicit provisionSpecific stipulation is one of a set of conditions under problems assistance may support might after refuted, assessment, among other amongst, points there must be consideration as to whether assistance can be given, subject to such conditions as problems requested country asked for nationConsiders

And I believe that would be handy for us to have that info in this board. Mr. Swartz. Thank you. foreign tax credit. We would certainly rejoice to supply that. Legislator Cardin. Ms. Mc, Carthy, you have the easiest job here, given that this arrangement was previously authorized by this board. As I claimed in my opening, we authorized it far too late in the 111th Congress for activity.

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Have there been any substantial modifications in our financial investment connection with Rwanda given that last November when you gave testimony 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 investment in Rwanda, and I can offer you a few examples.

Likewise, 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 entering to facilitate the country's growing hospitality industry. So I would say that, provided this pattern of boosted financial investment, that it is essential that the defenses be managed for them.

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You additionally stated the reality that the United States is checking out various other reciprocal investment treaties in Africa. I assume we have 5 present reciprocal investment treaties in Africa. Can you just share with us various other nations that the United States has revealed interest in negotiating treaties?

I assume that finishes the examining. I do value your persistence with the board and thank you really a lot for your testimony today.

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As set out listed below, we would such as to provide updated info on reported U.S. 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 Evaluation).

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And I assume that would be handy for us to have that details in this committee. Mr. Swartz. Thanks. We would certainly rejoice to supply that. Senator Cardin. Ms. Mc, Carthy, you have the most convenient task here, since this arrangement was previously accepted by this committee. As I stated in my opening, we approved it also late in the 111th Congress for activity.

Have there been any considerable adjustments in our financial investment relationship with Rwanda because last November when you gave statement on this treaty? Ms. Mc, Carthy. Thanks, Mr. Chairman. What we have actually seen since last November is a rise in United States financial investment in Rwanda, as well as I can provide you a few instances.

Also, in February of this year, we have Hilton Hotels; it's is going to open up a major hotel in Kigali. And, additionally, Marriott Hotels is entering to assist in the country's expanding friendliness industry. So I would state that, provided this pattern of raised investment, that it is necessary that the defenses be managed for them.

You also pointed out the reality that the United States is exploring other reciprocal investment treaties in Africa. I believe we have five existing bilateral financial investment treaties in Africa. Can you simply share with us other countries that the United States has shown interest in bargaining treaties?

I believe that completes the examining. I do appreciate your patience with the committee as well as thank you very a lot for your testimony today.

Response. As laid out below, we want to offer upgraded info on reported UNITED STATE financial investment activity in Rwanda. Various other than these updates, the responses given by the Division's witness in the 111th Congress stay exact. 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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