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Published Oct 22, 21
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I want to offer you all a break for a minute as well as transform to Mr. Swartz. Typically, we would have had 2 panels, but we didn't recognize exactly how the Us senate would certainly be operating today, so in an initiative to make certain we got with all the treaties today, we did this as one panel.

Swartz, you point out in your testimony and your statements that the treaty with Bermuda additionally punctures bank privacy and supplies a mechanism for us getting the info we need. There have been some mutual legal aid treaties that have arrangements relevant directly to sharing bank records or various other monetary information.

Swartz. Thank you, Mr. Chairman. When it come to that particular issue, the board might be describing the reasonably brand-new provision that appears, for instance, in our E.U.-U.S. Mutual Legal Support Treaty, the identification of bank documents arrangement. That was a stipulation that was prepared and also adopted in the context of the E.U.

Under that provision, it's possible for the asking for celebration to seek info as to whether an account exists in the asked for country, or in the case of the E.U., among the requested participant states. But, thereafter, the demand, if there is an identification of an account, must be complied with up through a conventional mutual lawful assistance treaty.

As well as with regard to Bermuda, our record of collaboration has actually been extremely great. Our company believe that the document we have on the manufacturing of records, consisting of financial institution records, is such that we are positive that the stipulations consisted of in this mutual legal assistance treaty, which do require collaboration on the production of documents, will certainly be adequate to make sure that we get the records we require for our monetary examinations and various other investigations.

Some various other MLATs additionally permit for urgent, non-written kind demands to be made. Mr. Chairman, while it is true that the Shared Legal Help Treaty does need requests in written type, it was the judgment of the negotiators that it was sufficient that, in this case, with regard to Bermuda, we would be able to get prompt responses to our demands as well as additionally provide such responses to Bermuda's requests, especially since we have a practice already developed that will proceed, we think, under the treaty of being able to convey those requests through e-mail or via fax.

Senator Cardin. Mr. Johnson. Mr. Johnson.

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Bermuda stood up to that since they wished to make certain that the requests were clear as well as in a more formal means. In the negotiations, it additionally became clear that they accepted that such demand could be made by fax or by email. The actual issue they were worried regarding was not finding a fast methods to make a request, but actually simply taking dental demands off the table.

We're confident that we've obtained the methods in place that we can make urgent demands of them in a means that will be effective. Mr. Swartz. Mr. Chairman, if I might add, in reality, while it is a benefit to be able to make oral requests, in method, it's extremely uncommon that we do so.

Senator Cardin. My major problem is simply, in urgent issues, that it's not postponed. And also with modern-day communication, it appears to me that can most likely be managed. I'm extra concerned about bank records. Mr. Johnson, do have any kind of talk about the financial institution records problem? Mr. Johnson. Once more, not specifically on the financial institution issue.

The distinction in between having the ability to do a dental demand or having the ability to make use of among these various other really quick means, we think, is not substantial. Legislator Cardin. There've been some issues elevated about the adequacy of Bermuda regulation with regard to forfeitures of profits as well as agencies of criminal offenses.

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Swartz. Mr. Chairman, we are. Of program, the growth of loss legislation is an essential as well as progressive matter. We've seen a number of changes throughout the years, consisting of here in the United States. But the Shared Legal Aid Treaty in Article 17 does obligate Bermuda to give assistance to the United States in proceedings associating with forfeiture of proceeds and also instrumentalities of crime, to the degree allowed by the law of Bermuda.

We've had 2 examples of successful requests for restriction and loss of properties. Both instances were a success and we were able to acquire the funds. As a general issue, assistance is readily available under the laws of Bermuda, as well as I do assume that is essential to anxiety, when it come to cold, seizing, and also limiting properties, consisting of for matters connecting to terrorism as well as terrorism funding.

But it needs to be kept in mind that forfeit support is not restricted to what is allowed under Bermuda's residential regulation. With respect to a UNITED STATE order, Bermuda can not surrender a details instrumentality of nondrug offenses, because that power doesn't exist domestically. Yet once more, that's limited to instrumentalities in nondrug crime situations.

Legislator Cardin. In the Bermuda agreement, there's a provision that is not unknown to us, where Bermuda can reject teamwork in resources cases.

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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, even in those situations? Mr. Chairman, we think and we wish we still would certainly be able to cooperate.

We have that experience with various other countries that have actually put similar analyses on the common legal assistance obligations, and also we have actually been able to function out arrangements in a number of situations that allow us to obtain proof or review whether the evidence is considerable enough to go forward with some kind of more steps being taken.

Mr. Johnson. Mr. Johnson. Yes, Senator, if I can just include to that, one of the factors this treaty took as long it did to work out and end is because it was very important to us to make certain that there wasn't a specific restriction on aid in resources instances in the treaty itself.

Swartz related to you. As well as that method we assume that aids maintain the principle that is necessary to us, that such teamwork should be available, irrespective of the sort of instance. As well as we assume this has actually likewise borne out with a few other nations, where despite comparable problems concerning participation in funding cases, they have, for instance, been able to offer aid to the nonpenalty stage of a test or an additional celebration investigation.

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They do hold the right under this treaty to deny teamwork where the United States criminal justice system is looking for funding punishment? Senator, they hold the right under the treaty to not offer support in instances that are contrary to public plan or their important interests, and also they have informed us that they interpret that to enable them, in death penalty cases, to work out that.

Senator Cardin. I comprehend that. I just desired to make it clear that they would not be an infraction of the treaty. We recognize their interpretation, that if there was an instance pending below that we required their assistance, where, plainly, the prosecutors were seeking the death fine, Bermuda might decide not to cooperate under this treaty (foreign tax credit).

If I can claim, Mr. Chairman, notably, the treaty would need, because this would be a rejection under Write-up 3 of the treaty, that first there had to be consultations with the United States, prior to that rejection might go forward. And I think that's an important aspect of the settlement that Mr.

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Rather than having an explicit provisionSpecific arrangement is one of a set of conditions under which assistance may help denied after refuted, examination, among other amongstVarious other that there must be need to as to whether assistance can aid given, offered to such conditions as problems requested country deems necessaryRegards

And I think that would be helpful for us to have that details in this board. Mr. Swartz. Thank you. foreign tax credit. We 'd be pleased to provide that. Legislator Cardin. Ms. Mc, Carthy, you have the simplest job below, given that this contract was previously approved by this committee. As I stated in my opening, we authorized it as well late in the 111th Congress for action.

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Have there been any kind of considerable changes in our financial investment partnership with Rwanda because last November when you gave statement on this treaty? Ms. Mc, Carthy. Thanks, Mr. Chairman. What we have seen because last November is a rise in United States investment in Rwanda, and also I can provide 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, additionally, Marriott Hotels is going in to promote the country's expanding friendliness sector. So I would certainly say that, provided this pattern of boosted financial investment, that it is necessary that the protections be managed for them.

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capitalists. Senator Cardin. I thank you for that (foreign tax credit). You additionally pointed out the truth that the United States is exploring various other bilateral investment treaties in Africa. I believe you stated one other country. I think we have 5 present reciprocal investment treaties in Africa. Can you just show us other countries that the United States has revealed passion in discussing treaties? Ms.

Legislator Cardin. Thank you. I've been told by the personnel that I must ask the inquiry of whether the administration still supports the Us senate ratification of the Rwanda treaty, given that it was held over from the last Congress. For the document? Ms. Mc, Carthy. We certainly do. Legislator Cardin.

I believe that completes the questioning. We might have some additional concerns for the document. As you know, the record continues to be open for 24 hr, so you obtain a break. That's a rather quick turn-around time for this board. I do appreciate your patience with the committee and thank you really much for your testament today.

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As set out below, we would certainly such as to provide upgraded info on reported U.S. investment task in Rwanda. In 2009, the supply of U.S. foreign direct investment in Rwanda was $1 million (according to the Bureau of Economic Evaluation).

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As well as I think that would certainly be handy for us to have that info in this board. Mr. Swartz. Thank you. We 'd be glad to provide that. Senator Cardin. Ms. Mc, Carthy, you have the simplest work right here, because this agreement was previously authorized by this board. As I stated in my opening, we accepted it as well late in the 111th Congress for activity.

Have there been any kind of considerable modifications in our investment connection with Rwanda because last November when you provided testament on this treaty? What we have actually seen because last November is an increase in United States investment in Rwanda, as well as I can give you a few examples.

Additionally, in February of this year, we have Hilton Hotels; it's is mosting likely to open up a significant hotel in Kigali. As well as, likewise, Marriott Hotels is going in to assist in the nation's growing friendliness industry. So I would certainly say that, given this pattern of enhanced financial investment, that it is crucial that the defenses be afforded for them.

You also mentioned the reality that the United States is discovering various other bilateral financial investment treaties in Africa. I think we have five current bilateral financial investment treaties in Africa. Can you just share with us other nations that the United States has shown passion in working out treaties?

I think that completes the examining. I do appreciate your perseverance with the board and also thank you very a lot for your testament today.

Solution. As laid out below, we would love to offer updated information on reported U.S. financial investment activity in Rwanda. Aside from these updates, the solutions given by the Department's witness in the 111th Congress stay precise. In 2009, the supply of UNITED STATE foreign straight financial investment in Rwanda was $1 million (according to the Bureau of Economic Analysis).

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