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Published Sep 30, 21
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I want to provide you all a break for a minute and transform to Mr. Swartz. Typically, we would have had 2 panels, yet we really did not know exactly how the Us senate would certainly be running today, so in an effort to make certain we got with 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 likewise punctures bank privacy and also gives a system for us getting the details we need. There have actually been some mutual legal aid treaties that have stipulations associated directly to sharing bank documents or other financial details.

Swartz. Thanks, Mr. Chairman. When it come to that particular issue, the board may be referring to the fairly new provision that shows up, for instance, in our E.U.-U.S. Mutual Legal Support Treaty, the identification of financial institution documents provision. That was a provision that was composed and taken on in the context of the E.U.

Under that arrangement, it's possible for the asking for event to inquire regarding whether an account exists in the asked for country, or in the case of the E.U., one of the requested participant states. However, after that, the request, if there is an identification of an account, must be adhered to up via a typical shared legal aid treaty.

And also with regard to Bermuda, our record of cooperation has actually been great. Our company believe that the document we carry the manufacturing of records, consisting of bank documents, is such that we are positive that the stipulations consisted of in this mutual lawful assistance treaty, which do require cooperation on the production of documents, will be adequate to make sure that we acquire the documents we require for our economic investigations and also other examinations.

Some various other MLATs additionally allow for urgent, non-written type requests to be made. Mr. Chairman, while it is real that the Common Lawful Help Treaty does call for demands in written form, it was the judgment of the mediators that it was adequate that, in this instance, with regard to Bermuda, we would be able to obtain quick feedbacks to our demands as well as also provide such feedbacks to Bermuda's requests, especially since we have a method already developed that will continue, we believe, under the treaty of being able to convey those requests through email or through fax.

Senator Cardin. Mr. Johnson. 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 arrangements, it also came to be clear that they approved that such request can be made by fax or by email. So the actual concern they were concerned about was not finding a rapid methods to make a demand, however actually just taking dental demands off the table.

We're certain that we have actually got the means in location that we can make immediate requests of them in a means that will be efficient. Mr. Swartz. Mr. Chairman, if I could include, actually, while it is an advantage to be able to make oral requests, in technique, it's extremely uncommon that we do so.

Legislator Cardin. Mr. Johnson, do have any type of remarks on the financial institution documents concern? Mr. Johnson.

The distinction in between being able to do a dental demand or having the ability to use one of these various other very rapid means, we assume, is not substantial. Legislator Cardin. There have actually been some issues increased concerning the competence of Bermuda legislation with regard to forfeitures of earnings as well as instrumentalities of criminal offenses.

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Mr. Chairman, we are. The Common Legal Support Treaty in Short article 17 does obligate Bermuda to give aid to the United States in proceedings associating to forfeiture of earnings as well as instrumentalities of criminal activity, to the extent permitted by the legislation of Bermuda.

We've had 2 instances of successful ask for restriction and also forfeiture of possessions. Both instances were a success as well as we had the ability to get the funds. As a basic issue, aid is readily available under the regulations of Bermuda, and also I do think that is essential to stress and anxiety, with respect to freezing, confiscating, and restraining properties, consisting of for issues associating with terrorism and terrorism financing.

However it must be kept in mind that forfeiture support is not limited to what is permitted under Bermuda's residential legislation. With respect to an U.S. order, Bermuda can not waive a specific agency of nondrug offenses, since that power doesn't exist domestically. Yet again, that's limited to instrumentalities in nondrug crime instances.

Legislator Cardin. Thanks. Let me just ask the basic inquiry, and also any type of among you can reply to it. In the Bermuda contract, there's a provision that is not unknown to us, where Bermuda can deny teamwork in funding cases. We understand, I understand that, so I'm not being crucial of that stipulation being consisted of in there.

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Are we impeded as a result of that or is there a method which we are able to coordinate under this treaty, even in those cases? Mr. Swartz. Mr. Chairman, we think as well as we wish we still would certainly have the ability to work together. Bermuda indicated, and has actually encouraged the United States, that it reserves the right to reject assistance in resources situations where the sentence consists of a possible death sentence, counting on the-- as opposed to the essential public policy stipulation of Article 3 of the convention.

We have that experience with various other countries that have put similar interpretations on the mutual lawful assistance obligations, and we have actually been able to function out arrangements in a number of situations that permit us to get proof or go over whether the evidence is significant sufficient to go onward with some kind of further actions being taken.

Mr. Johnson. Mr. Johnson. Yes, Senator, if I might simply include in that, among the factors this treaty took as lengthy it did to discuss and wrap up is due to the fact that it was very important to us to ensure that there wasn't an express limitation on help in funding cases in the treaty itself.

Swartz associated to you. Which way we assume that assists maintain the concept that is very important to us, that such teamwork needs to be offered, irrespective of the kind of case. And also we think this has actually likewise substantiated with a few other countries, where even with comparable problems about teamwork in resources instances, they have, for instance, had the ability to offer support to the nonpenalty phase of a test or an additional celebration examination.

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They do hold the right under this treaty to deny participation where the United States criminal justice system is looking for resources punishment? Senator, they hold the right under the treaty to not supply support in situations that are contrary to public policy or their crucial interests, as well as they have actually informed us that they analyze that to enable them, in fatality charge cases, to work out that.

Senator Cardin. I recognize that. I just wanted to make it clear that they would certainly not be an offense of the treaty. We comprehend their analysis, that if there was a situation pending below that we needed their aid, where, clearly, the district attorneys were seeking the death sentence, Bermuda could choose not to cooperate under this treaty (foreign tax credit).

Swartz. If I might state, Mr. Chairman, importantly, the treaty would need, considering that this would be a denial under Post 3 of the treaty, that first there needed to be consultations with the United States, before that rejection can move forward. And I assume that's an important aspect of the arrangement that Mr.

Instead of having an explicit stipulation, this is just one of a set of conditions under which assistance may be rejected after assessment, as well as, among various other things, that there should be factor to consider regarding whether assistance can be provided, based on such problems as the requested nation regards required. As well as our experience because respect has actually been that we often can find proper assurances to permit evidence to be generated, a minimum of for preliminary analysis of the importance of evidence in the event overall.

And also I assume that would certainly be handy for us to have that info in this board. Ms. Mc, Carthy, you have the easiest job below, considering that this agreement was formerly approved by this board. As I stated in my opening, we accepted it 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 offered statement on this treaty? Ms. Mc, Carthy. Thank you, Mr. Chairman. What we have actually seen since last November is a rise in United States financial investment in Rwanda, and I can provide you a couple of instances.

Additionally, in February of this year, we have Hilton Hotels; it's is going to open a significant resort in Kigali. And, additionally, Marriott Hotels is going in to assist in the country's growing hospitality market. I would claim that, offered this pattern of increased financial investment, that it is important that the defenses be managed for them.

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You likewise discussed the fact that the United States is discovering various other reciprocal financial investment treaties in Africa. I assume we have five present reciprocal investment treaties in Africa. Can you just share with us various other nations that the United States has shown interest in discussing treaties?

I think that finishes the questioning. We could have some extra concerns for the document. As you understand, the record continues to be open for 24 hrs, so you obtain a break. That's a pretty quick turnaround time for this board. However I do appreciate your perseverance with the board as well as thanks really much for your testament today.

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

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As well as I think that would be valuable for us to have that information in this board. Mr. Swartz. Thanks. We would certainly be happy to provide that. Senator Cardin. Ms. Mc, Carthy, you have the simplest task below, because this arrangement was previously authorized by this committee. As I said in my opening, we accepted it far too late in the 111th Congress for action.

Have there been any substantial changes in our investment partnership with Rwanda since last November when you offered testament on this treaty? What we have actually seen since last November is a rise in United States financial 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 hotel in Kigali. And also, additionally, Marriott Hotels is entering to promote the nation's expanding friendliness industry. So I would certainly claim that, provided this pattern of boosted investment, that it is very important that the defenses be afforded for them.

financiers. Legislator Cardin (foreign tax credit). I thank you for that. You also pointed out the truth that the United States is checking out other bilateral investment treaties in Africa. I think you mentioned another country. I assume we have 5 existing reciprocal investment treaties in Africa. Can you just share with us other nations that the United States has shown rate of interest in working out treaties? Ms.

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Senator Cardin. Thanks. I've been informed by the staff that I should ask the concern of whether the administration still supports the Senate approval of the Rwanda treaty, given that it was held over from the last Congress. For the record? Ms. Mc, Carthy. We certainly do. Senator Cardin.

I assume that finishes the examining. I do value your patience with the committee and thank you really much for your testimony today.

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

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