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Published Sep 22, 21
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I desire to offer you all a break for a moment and turn to Mr. Swartz. Normally, we would certainly have had two panels, however we really did not know just how the Us senate would be operating 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 testimony and your declarations that the treaty with Bermuda additionally pierces bank privacy and also supplies a mechanism for us obtaining the details we require. There have been some shared lawful assistance treaties which contain provisions related straight to sharing financial institution records or various other economic information.

Swartz. Thanks, Mr. Chairman. When it come to that specific concern, the board may be referring to the reasonably brand-new provision that appears, for example, in our E.U.-U.S. Mutual Legal Support Treaty, the identification of financial institution documents stipulation. That was a provision that was prepared as well as taken on in the context of the E.U.

Under that provision, it's possible for the requesting celebration to inquire regarding whether an account exists in the asked for country, or when it comes to the E.U., one of the requested member states. Afterwards, the demand, if there is a recognition of an account, need to be complied with up with a standard common legal support treaty.

And also with respect to Bermuda, our document of teamwork has actually been very excellent. Our team believe that the record we have on the manufacturing of documents, including financial institution records, is such that we are confident that the arrangements consisted of in this shared legal support treaty, which do need teamwork on the manufacturing of documents, will certainly be sufficient to ensure that we acquire the records we require for our monetary examinations and various other investigations.

A few other MLATs additionally permit urgent, non-written kind requests to be made. It's my understanding that in Bermuda, it has to be in written kind. Any factor why that provision was not included in this arrangement? Mr. Swartz. Mr. Chairman, while it holds true that the Shared Lawful Assistance Treaty does need requests in written form, it was the judgment of the mediators that it was enough that, in this instance, with respect to Bermuda, we would have the ability to acquire expeditious actions to our requests as well as additionally give such reactions to Bermuda's requests, particularly because we have a practice already developed that will certainly proceed, our company believe, under the treaty of being able to convey those demands through email or through fax.

Legislator Cardin. So was this, generally, a choice made by UNITED STATE negotiators, that it was not required, recognizing exactly how we can quickly get faxes and also emails sent? Is that reasonable adequate to say, or otherwise? Mr. Johnson. Legislator, if I can help on that one? Legislator Cardin. Certain. Mr. Johnson.

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Bermuda withstood that because they desired to make certain that the requests were clear and also in an extra official means. However in the arrangements, it additionally 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 quick means to make a demand, however really just taking dental requests off the table.

We're confident that we've got the means in place that we can make urgent demands of them in a way that will be reliable. Mr. Swartz. Mr. Chairman, if I could add, as a matter of fact, while it is an advantage to be able to make oral requests, in method, it's really rare that we do so.

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

The distinction between being able to do an oral demand or having the ability to make use of among these other extremely rapid ways, we think, is not substantial. Senator Cardin. There have actually been some issues increased concerning the adequacy of Bermuda legislation relative to forfeitures of proceeds as well as instrumentalities of criminal offenses.

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Mr. Chairman, we are. The Mutual Legal Assistance Treaty in Post 17 does obligate Bermuda to give assistance to the United States in process relating to forfeiture of profits and also instrumentalities of criminal activity, to the extent allowed by the regulation of Bermuda.

We have actually had two examples of successful requests for restraint and also forfeit of properties. Both circumstances were a success and we had the ability to acquire the funds. As a basic matter, assistance is available under the laws of Bermuda, and I do think that is very important to stress and anxiety, when it come to freezing, confiscating, as well as limiting assets, including for issues connecting to terrorism and also terrorism funding.

It must be kept in mind that loss aid is not limited to what is permitted under Bermuda's domestic legislation. When it come to a UNITED STATE order, Bermuda can not waive a details instrumentality of nondrug offenses, because that power doesn't exist domestically. Yet again, that's restricted to instrumentalities in nondrug infraction cases.

Legislator Cardin. Thank you. Allow me just ask the basic inquiry, and any among you can react to it. In the Bermuda contract, there's a stipulation that is not strange to us, where Bermuda can reject collaboration in funding instances. We comprehend, I understand that, so I'm not being important of that provision being included in there.

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Are we hindered as a result of that or exists a means in which we are able to work together under this treaty, also in those situations? Mr. Swartz. Mr. Chairman, our team believe as well as we hope we still would certainly be able to comply. Bermuda indicated, and also has actually recommended the United States, that it books the right to deny support in resources instances where the sentence includes a possible execution, relying upon the-- in contrast to the vital public law arrangement of Write-up 3 of the convention.

We have that experience with other nations that have placed comparable analyses on the common legal aid duties, and we have actually been able to work out arrangements in a number of situations that permit us to obtain evidence or go over whether the evidence is significant enough to go forward with some kind of further steps being taken.

Mr. Johnson. Mr. Johnson. Yes, Senator, if I can just contribute to that, one of the reasons this treaty took as lengthy it did to discuss as well as conclude is because it was important to us to ensure that there had not been a specific restriction on help in resources situations in the treaty itself.

Swartz associated to you. And also that method we think that assists preserve the principle that is very important to us, that such collaboration should be offered, irrespective of the sort of situation. As well as we assume this has actually likewise borne out with some other countries, where also with comparable concerns regarding teamwork in resources cases, they have, as an example, been able to supply assistance to the nonpenalty phase of a test or an additional celebration investigation.

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Senator Cardin. However they do hold the right under this treaty to reject teamwork where the United States criminal justice system is looking for capital penalty? Mr. Johnson. Senator, they hold the right under the treaty to not supply assistance if contrast public law or their crucial rate of interests, as well as they have informed us that they analyze that to permit them, in death sentence instances, to work out that.

I just desired to make it clear that they would certainly not be a violation of the treaty. We understand their interpretation, that if there was a case pending below that we required their help, where, clearly, the district attorneys were seeking the fatality fine, Bermuda can make a decision not to work together under this treaty.

If I might claim, Mr. Chairman, notably, the treaty would need, given that this would certainly be a rejection under Write-up 3 of the treaty, that first there had to be examinations with the United States, before that rejection might go forward. And also I believe that's an important element of the settlement that Mr.

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Rather than having an explicit provisionSpecific stipulation is one of a set of collection under which assistance may support denied after rejected, assessment, among other thingsVarious other points there must be have to as to whether assistance can support given, subject to such conditions as the requested country deems nationRegards

And also I assume that would certainly be helpful for us to have that info in this board. Mr. Swartz. Thanks. foreign tax credit. We 'd be delighted to provide that. Senator Cardin. Ms. Mc, Carthy, you have the easiest work here, since this agreement was formerly approved by this board. As I said in my opening, we authorized it too late in the 111th Congress for action.

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

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 going in to help with the nation's expanding hospitality market. I would certainly state that, given this pattern of boosted financial investment, that it is crucial that the protections be afforded for them.

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financiers. Legislator Cardin. I thanks for that (foreign tax credit). You additionally mentioned the fact that the United States is discovering other reciprocal financial investment treaties in Africa. I believe you stated one other nation. I believe we have five current bilateral investment treaties in Africa. Can you simply share with us various other countries that the United States has shown rate of interest in discussing treaties? Ms.

Senator Cardin. Thanks. I have actually been told by the personnel that I must ask the inquiry of whether the administration still sustains the Us senate passage of the Rwanda treaty, because it was held over from the last Congress. For the record? Ms. Mc, Carthy. We definitely do. Senator Cardin.

I believe that completes the examining. We could have some extra concerns for the record. As you know, the record remains open for 24-hour, so you obtain a break. That's a quite fast turn-around time for this board. I do appreciate your patience with the board and thank you extremely a lot for your statement today.

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As set out listed below, we would like to provide updated details on reported UNITED STATE investment task in Rwanda. In 2009, the stock of U.S. foreign straight investment in Rwanda was $1 million (according to the Bureau of Economic Analysis).

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As well as I think that would certainly be handy for us to have that info in this committee. Mr. Swartz. Thanks. We 'd be glad to provide that. Senator Cardin. Ms. Mc, Carthy, you have the easiest work below, considering that this agreement was formerly approved by this committee. 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 changes in our investment partnership with Rwanda considering that last November when you offered testimony on this treaty? What we have seen because last November is a boost in United States financial investment in Rwanda, and also I can give you a few examples.

Also, in February of this year, we have Hilton Hotels; it's is going to open up a major hotel in Kigali. And also, likewise, Marriott Hotels is going in to assist in the nation's growing hospitality sector. I would claim that, given this pattern of increased investment, that it is essential that the securities be managed for them.

financiers. Legislator Cardin (foreign tax credit). I thanks for that. You also mentioned the truth that the United States is checking out other reciprocal financial investment treaties in Africa. I believe you discussed one various other country. I assume we have five current bilateral investment treaties in Africa. Can you just show us other nations that the United States has revealed passion in working out treaties? Ms.

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Legislator Cardin. Thank you. I have actually been told by the team that I ought to ask the concern of whether the management still supports the Us senate adoption of the Rwanda treaty, because it was held over from the last Congress. So, for the document? Ms. Mc, Carthy. We certainly do. Legislator Cardin.

I believe that completes the examining. I do value your persistence with the committee and also thank you really much for your statement today.

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

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