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Published Sep 19, 21
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I desire to offer you all a break for a minute and turn to Mr. Swartz. Normally, we would certainly have had two panels, but we really did not understand how the Us senate would certainly be running today, so in an effort to make certain we obtained with all the treaties today, we did this as one panel.

Swartz, you mention in your testament and your declarations that the treaty with Bermuda also pierces financial institution secrecy and gives a mechanism for us getting the info we need. There have actually been some shared legal aid treaties that consist of stipulations relevant straight to sharing financial institution records or various other financial details.

Swartz. Thank you, Mr. Chairman. When it come to that specific problem, the board may be referring to the relatively brand-new arrangement that appears, for instance, in our E.U.-U.S. Mutual Legal Assistance Treaty, the identification of financial institution records provision. That was a provision that was prepared and adopted in the context of the E.U.

Under that arrangement, it's possible for the asking for party to seek info as to whether an account exists in the asked for nation, or in the case of the E.U., one of the asked for participant states. After that, the request, if there is a recognition of an account, need to be complied with up with a typical mutual lawful assistance treaty.

And also with regard to Bermuda, our record of teamwork has actually been great. We believe that the record we carry the manufacturing of records, including financial institution records, is such that we are positive that the arrangements consisted of in this mutual lawful assistance treaty, which do require cooperation on the manufacturing of records, will certainly be enough to make certain that we obtain the documents we need for our financial investigations as well as various other examinations.

A few other MLATs also permit for immediate, non-written form requests to be made. It's my understanding that in Bermuda, it needs to be in written kind. Any kind of reason that that provision was not consisted of in this agreement? Mr. Swartz. Mr. Chairman, while it holds true that the Shared Legal Aid Treaty does need requests in written form, it was the judgment of the negotiators that it was adequate that, in this case, with regard to Bermuda, we would certainly have the ability to acquire expeditious responses to our requests and also offer such actions to Bermuda's requests, especially since we have a technique currently developed that will continue, our company believe, under the treaty of having the ability to communicate those requests via email or via fax.

Legislator Cardin. So was this, basically, a decision made by UNITED STATE negotiators, that it was not necessary, recognizing just how we can promptly obtain faxes and emails sent? Is that reasonable enough to claim, or otherwise? Mr. Johnson. Legislator, if I can help on that particular one? Legislator Cardin. Sure. Mr. Johnson.

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Bermuda withstood that because they wanted to make sure that the demands were clear and in a more formal method. Yet in the negotiations, it additionally ended up being clear that they accepted that such request could be made by fax or by e-mail. The actual concern they were worried regarding was not discovering a quick methods to make a request, yet actually just taking oral demands off the table.

So we're certain that we've obtained the means in position that we can make urgent demands of them in a manner that will work. Mr. Swartz. Mr. Chairman, if I may add, actually, while it is a benefit to be able to make dental requests, in practice, it's really unusual that we do so.

Legislator Cardin. Mr. Johnson, do have any kind of comments on the financial institution records concern? Mr. Johnson.

The distinction between being able to do a dental request or being able to make use of one of these various other extremely rapid means, we assume, is not substantial. Legislator Cardin. There've been some issues elevated regarding the competence of Bermuda law relative to loss of earnings and instrumentalities of criminal offenses.

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Mr. Chairman, we are. The Shared Legal Support Treaty in Write-up 17 does obligate Bermuda to supply help to the United States in process relating to loss of profits and also agencies of criminal activity, to the extent allowed by the law of Bermuda.

We have actually had 2 examples of effective demands for restriction and also loss of properties. Both instances were a success and also we were able to acquire the funds. As a basic matter, help is offered under the laws of Bermuda, and I do assume that is necessary to stress and anxiety, when it come to freezing, seizing, and also restraining properties, consisting of for matters associating to terrorism as well as terrorism financing.

It needs to be noted that loss aid is not restricted to what is permitted under Bermuda's residential legislation. When it come to an U.S. order, Bermuda can not surrender a certain instrumentality of nondrug offenses, because that power doesn't exist domestically. However once more, that's limited to instrumentalities in nondrug violation cases.

Legislator Cardin. In the Bermuda arrangement, there's an arrangement that is not strange to us, where Bermuda can deny collaboration in funding cases.

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Are we prevented as a result of that or is there a way in which we are able to cooperate under this treaty, even in those cases? Mr. Chairman, we think and also we wish we still would be able to work together.

Actually, we have that experience with various other countries that have actually put similar interpretations on the common legal help obligations, and we've been able to exercise plans in a variety of cases that allow us to obtain evidence or review whether the proof is considerable sufficient to go forward with some sort of further steps being taken.

Mr. Johnson. Mr. Johnson. Yes, Senator, if I can just include in that, among the reasons this treaty took as lengthy it did to negotiate and also conclude is since it was essential to us to make sure that there had not been a specific restriction on help in resources instances in the treaty itself.

Swartz relevant to you. Which way we think that assists keep the concept that is essential to us, that such participation should be offered, irrespective of the type of situation. And we assume this has actually likewise borne out with some other countries, where even with similar issues about cooperation in resources situations, they have, as an example, had the ability to give help to the nonpenalty phase of a trial or another event examination.

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Senator Cardin. They do hold the right under this treaty to refute cooperation where the United States criminal justice system is seeking resources penalty? Mr. Johnson. Senator, they hold the right under the treaty to not provide support if contrast public law or their necessary rate of interests, and also they have informed us that they analyze that to permit them, in capital punishment instances, to exercise that.

Senator Cardin. I understand that. I simply desired to make it clear that they would certainly not be an offense of the treaty. We understand their analysis, that if there was a case pending right here that we required their help, where, plainly, the district attorneys were seeking the death sentence, Bermuda might decide not to comply under this treaty (foreign tax credit).

If I can state, Mr. Chairman, importantly, the treaty would certainly require, since this would be a denial under Post 3 of the treaty, that first there had to be appointments with the United States, before that denial might go ahead. And also I believe that's an important aspect of the arrangement that Mr.

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Rather than having an explicit provision, arrangement is one of a set of conditions under which assistance may help denied after refuted, appointment, among other things, that there must be consideration as factor to consider whether assistance can be given, offered to such conditions as problems requested country deems nationConsiders

As well as I assume that would certainly be helpful for us to have that information in this committee. Mr. Swartz. Thank you. foreign tax credit. We would certainly be grateful to provide that. Legislator Cardin. Ms. Mc, Carthy, you have the simplest job here, considering that this contract was previously approved by this board. As I claimed in my opening, we authorized it as well late in the 111th Congress for activity.

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Have there been any type of considerable modifications in our financial investment connection with Rwanda because last November when you offered statement on this treaty? What we have seen because last November is a rise in United States financial investment in Rwanda, as well as I can offer you a few examples.

Additionally, in February of this year, we have Hilton Hotels; it's is going to open a significant hotel in Kigali. And, also, Marriott Hotels is entering to promote the country's growing hospitality sector. So I would claim that, offered this pattern of raised financial investment, that it is very important that the defenses be afforded for them.

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You also pointed out the reality that the United States is discovering other bilateral financial investment treaties in Africa. I think we have 5 present reciprocal investment treaties in Africa. Can you just share with us various other nations that the United States has revealed rate of interest in working out treaties?



I assume that completes the questioning. We may have some additional concerns for the document. As you understand, the record remains open for 24 hrs, so you obtain a break. That's a quite quick turnaround time for this board. But I do appreciate your persistence with the board and also thank you really much for your testament today.

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Solution. As laid out listed below, we wish to supply upgraded info on reported U.S. financial investment task in Rwanda. Aside from these updates, the responses given by the Department's witness in the 111th Congress stay exact. In 2009, the stock of UNITED STATE foreign direct financial investment in Rwanda was $1 million (according to the Bureau of Economic Analysis).

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And I assume that would certainly be practical for us to have that info in this board. Mr. Swartz. Thank you. We would certainly rejoice to provide that. Legislator Cardin. Ms. Mc, Carthy, you have the simplest job right here, considering that this arrangement was formerly approved by this committee. As I stated in my opening, we approved it as well late in the 111th Congress for action.

Have there been any considerable changes in our financial investment connection with Rwanda considering that last November when you gave testament on this treaty? What we have seen considering that last November is an increase in United States financial investment in Rwanda, as well as I can offer 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, also, Marriott Hotels is going in to assist in the country's growing friendliness industry. I would say that, provided this pattern of increased investment, that it is crucial that the protections be managed for them.

You also pointed out the fact that the United States is discovering various other reciprocal financial investment treaties in Africa. I think we have five existing reciprocal investment treaties in Africa. Can you just share with us various other countries that the United States has shown interest in discussing treaties?

I believe that finishes the examining. We may have some additional questions for the record. As you understand, the document stays open for 24 hours, so you obtain a break. That's a pretty rapid turn-around time for this board. I do appreciate your persistence with the board and thank you really much for your testimony today.

As established out listed below, we would certainly such as to provide updated details on reported U.S. financial investment activity in Rwanda. In 2009, the stock of U.S. foreign straight financial investment in Rwanda was $1 million (according to the Bureau of Economic Evaluation).

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