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Published Oct 11, 21
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I desire to offer you all a break for a minute as well as transform to Mr. Swartz. Generally, we would have had 2 panels, but we really did not know exactly how the Senate would be running today, so in an initiative to make sure we obtained with 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 also punctures bank privacy and also supplies a system for us getting the details we require. There have actually been some shared legal aid treaties which contain stipulations related straight to sharing financial institution records or various other financial details.

That was an arrangement that was composed as well as adopted in the context of the E.U.

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Under that provision, arrangement's possible for the requesting party asking for event information look for to whether an account exists in the requested country, nation in the case of situation E.U., one of the requested member asked for. Thereafter, the request, if there is a recognition of an account, have to be adhered to up through a basic common legal assistance treaty.

And also when it come to Bermuda, our record of teamwork has been great. Our team believe that the document we have on the manufacturing of records, including bank records, is such that we are certain that the stipulations included in this mutual lawful support treaty, which do call for collaboration on the manufacturing of records, will suffice to make sure that we get the documents we need for our financial investigations as well as other investigations.

Some various other MLATs additionally permit for immediate, non-written kind requests to be made. Mr. Chairman, while it is true that the Mutual Legal Support Treaty does require requests in written form, it was the judgment of the arbitrators that it was adequate that, in this case, with regard to Bermuda, we would certainly be able to acquire expeditious reactions to our demands as well as additionally give such feedbacks to Bermuda's requests, particularly because we have a practice currently developed that will continue, we think, under the treaty of being able to communicate those requests via e-mail or via fax.

Senator Cardin. Mr. Johnson. Mr. Johnson.

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Bermuda resisted that since they wished to make certain that the demands were clear and also in a more formal method. In the arrangements, it also ended up being clear that they accepted that such demand might be made by fax or by email. The actual issue they were worried regarding was not locating a rapid means to make a demand, however really simply taking dental requests off the table.

So we're positive that we've got the means in area that we can make immediate demands of them in a way that will be reliable. Mr. Swartz. Mr. Chairman, if I may add, actually, while it is a benefit to be able to make oral requests, in technique, it's extremely rare that we do so.

Senator Cardin. Mr. Johnson, do have any type of comments on the bank records concern? Mr. Johnson.

The difference between having the ability to do a dental request or having the ability to make use of among these other extremely rapid ways, we believe, is not substantial. Legislator Cardin. There have actually been some concerns elevated concerning the adequacy of Bermuda regulation relative to forfeits of earnings as well as instrumentalities of criminal offenses.

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Swartz. Mr. Chairman, we are. Obviously, the development of loss law is an essential and also dynamic issue. We have actually seen a number of changes throughout the years, consisting of right here in the United States. The Mutual Lawful Support Treaty in Short article 17 does obligate Bermuda to give aid to the United States in proceedings relating to loss of proceeds as well as agencies of crime, to the degree allowed by the law of Bermuda.

We've had two examples of successful ask for restriction as well as forfeit of assets. Both instances were a success and also we were able to obtain the funds. As a basic matter, support is readily available under the legislations of Bermuda, and also I do think that's vital to stress and anxiety, with regard to cold, seizing, and also restraining properties, consisting of for issues relating to terrorism and terrorism financing.

It must be kept in mind that forfeit support is not limited to what is allowed under Bermuda's domestic regulation. With respect to an U.S. order, Bermuda can not surrender a particular agency of nondrug offenses, since that power does not exist locally. Yet again, that's limited to agencies in nondrug violation instances.

Senator Cardin. Thank you. Allow me simply ask the basic inquiry, and also any among you can reply to it. In the Bermuda arrangement, there's a provision that is not strange to us, where Bermuda can deny participation in capital situations. We understand, I recognize that, so I'm not being crucial of that stipulation being included in there.

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Are we prevented as an outcome of that or is there a method which we have the ability to cooperate under this treaty, also in those situations? Mr. Swartz. Mr. Chairman, our team believe as well as we wish we still would certainly have the ability to cooperate. Bermuda indicated, and has actually recommended the United States, that it reserves the right to reject assistance in capital cases where the sentence includes a feasible capital punishment, relying upon the-- as opposed to the essential public policy arrangement of Article 3 of the convention.

Actually, we have that experience with other countries that have put similar interpretations on the common lawful help duties, and also we've had the ability to exercise arrangements in a number of instances that enable us to acquire evidence or review whether the evidence is substantial enough to go forward with some sort of further actions 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 bargain as well as end is because it was important to us to make certain that there wasn't an express restriction on aid in resources instances in the treaty itself.

Swartz pertaining to you. Which means we believe that aids keep the concept that is necessary to us, that such collaboration must be available, irrespective of the type of case. As well as we think this has also birthed out with some other nations, where despite having comparable problems regarding cooperation in capital situations, they have, for example, been able to supply assistance to the nonpenalty stage of a trial or an additional celebration investigation.

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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? Legislator, they hold the right under the treaty to not supply aid in situations that are contrary to public plan or their necessary interests, as well as they have informed us that they analyze that to permit them, in fatality charge cases, to work out that.

I simply desired to make it clear that they would not be an infraction of the treaty. We understand their interpretation, that if there was an instance pending here that we needed their help, where, plainly, the prosecutors were looking for the death fine, Bermuda might choose not to comply under this treaty.

If I can claim, Mr. Chairman, notably, the treaty would certainly call for, given 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 denial can go onward. And I assume that's an essential aspect of the negotiation that Mr.

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Rather than having an explicit provisionSpecific stipulation is one of a set of collection under problems assistance may aid might after rejected, and, as well as other amongstVarious other that there must be should as to whether assistance can aid given, offered to such conditions as the requested country asked for necessary.

And I believe that would certainly be practical for us to have that details in this committee. Ms. Mc, Carthy, you have the easiest task right here, because this agreement was previously authorized by this committee. As I stated in my opening, we authorized it as well late in the 111th Congress for activity.

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Have there been any considerable modifications in our investment relationship with Rwanda because last November when you provided testament on this treaty? What we have actually seen given that last November is a rise in United States investment in Rwanda, and also I can offer you a few examples.

Likewise, in February of this year, we have Hilton Hotels; it's is mosting likely to open a significant resort in Kigali. And also, additionally, Marriott Hotels is going in to help with the country's expanding hospitality sector. I would state that, given this pattern of raised investment, that it is vital that the securities be afforded for them.

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You additionally mentioned the fact that the United States is exploring various other bilateral investment treaties in Africa. I think we have five present bilateral financial investment treaties in Africa. Can you simply share with us other nations that the United States has revealed interest in bargaining treaties?



I think that completes the questioning. We could have some extra concerns for the document. As you understand, the document stays open for 24 hours, so you obtain a break. That's a quite fast turn-around time for this committee. However I do value your perseverance with the board as well as thanks extremely a lot for your statement today.

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As set out listed below, we would like to give upgraded info on reported U.S. 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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And I think that would be helpful for us to have that details in this committee. Ms. Mc, Carthy, you have the simplest work here, because this agreement was formerly authorized by this committee. As I stated in my opening, we approved it too late in the 111th Congress for action.

Have there been any type of substantial modifications in our financial investment connection with Rwanda because last November when you gave testament on this treaty? Ms. Mc, Carthy. Thank you, Mr. Chairman. What we have actually seen given that last November is a boost in United States investment in Rwanda, and I can provide you a couple of examples.

Also, in February of this year, we have Hilton Hotels; it's is mosting likely to open up a major hotel in Kigali. As well as, also, Marriott Hotels is going in to facilitate the country's growing friendliness industry. So I would state that, provided this pattern of increased financial investment, that it is important that the securities be afforded for them.

investors. Legislator Cardin (foreign tax credit). I thanks for that. You likewise mentioned the truth that the United States is exploring other bilateral financial investment treaties in Africa. I believe you mentioned another country. I assume we have five present reciprocal financial investment treaties in Africa. Can you simply share with us other nations that the United States has shown rate of interest in discussing treaties? Ms.

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Legislator Cardin. Thanks. I have actually been told by the staff that I must ask the concern of whether the administration still supports the Senate approval of the Rwanda treaty, since it was held over from the last Congress. So, for the document? Ms. Mc, Carthy. We absolutely do. Senator Cardin.

I assume that finishes the examining. We may have some additional questions for the record. As you understand, the document remains open for 24-hour, so you obtain a break. That's a pretty rapid turnaround time for this committee. But I do value your patience with the committee and thank you quite for your statement today.

Response. As set out listed below, we want to offer upgraded information on reported U.S. financial investment activity in Rwanda. Other than these updates, the solutions supplied by the Division's witness in the 111th Congress continue to be accurate. In 2009, the supply of UNITED STATE foreign straight investment in Rwanda was $1 million (according to the Bureau of Economic Analysis).

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