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Published Oct 18, 21
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Well, thanks really much. I intend to provide you all a break for a moment and resort to Mr. Swartz. You have actually been really patient, the 3 of you. I value that really much. Usually, we would have had 2 panels, yet we didn't recognize how the Senate would be running today, so in an effort to see to it we survived all the treaties today, we did this as one panel.

Swartz, you explain in your testament and also your statements that the treaty with Bermuda likewise punctures financial institution secrecy and also gives a device for us obtaining the information we require. There have been some shared legal aid treaties which contain stipulations associated directly to sharing bank documents or various other monetary information.

Swartz. Thank you, Mr. Chairman. With regard to that certain problem, the committee may be referring to the relatively brand-new stipulation that appears, for example, in our E.U.-U.S. Mutual Legal Help Treaty, the identification of bank documents arrangement. That was a stipulation that was composed and taken on in the context of the E.U.

Under that arrangement, it's feasible for the asking for celebration to look for information as to whether an account exists in the asked for country, or in the case of the E.U., one of the asked for member states. Afterwards, the request, if there is an identification of an account, should be adhered to up with a common shared legal help treaty.

And also when it come to Bermuda, our record of collaboration has been really excellent. Our team believe that the record we carry the manufacturing of records, consisting of financial institution records, is such that we are positive that the provisions included in this mutual legal help treaty, which do need collaboration on the manufacturing of documents, will certainly be enough to make certain that we get the records we need for our monetary examinations and various other examinations.

A few other MLATs also allow for urgent, non-written type requests to be made. It's my understanding that in Bermuda, it must be in written form. Any factor why that provision was not consisted of in this agreement? Mr. Swartz. Mr. Chairman, while it holds true that the Shared Lawful Support Treaty does require demands in written kind, it was the judgment of the arbitrators that it was sufficient that, in this situation, when it come to Bermuda, we would certainly be able to obtain prompt reactions to our demands as well as additionally provide such reactions to Bermuda's requests, especially due to the fact that we have a practice currently established that will certainly continue, our company believe, under the treaty of being able to convey those demands through e-mail or via fax.

Senator Cardin. Was this, generally, a choice made by UNITED STATE negotiators, that it was not needed, understanding just how we can rapidly get faxes and also e-mails sent? Is that reasonable sufficient to claim, or not? Mr. Johnson. Legislator, if I can help on that particular one? Legislator Cardin. Sure. Mr. Johnson.

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Bermuda withstood that since they wished to make certain that the requests were clear and also in a much more official means. Yet in the arrangements, it likewise became clear that they approved that such demand might be made by fax or by e-mail. The genuine concern they were worried concerning was not locating a fast ways to make a demand, however truly just taking oral requests off the table.

So we're positive that we've obtained the means in position that we can make urgent demands of them in a method that will certainly work. Mr. Swartz. Mr. Chairman, if I might add, actually, while it is an advantage to be able to make dental demands, in technique, it's very unusual that we do so.

Senator Cardin. Mr. Johnson, do have any type of comments on the bank 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 really quick means, we think, is not substantial. Legislator Cardin. There have actually been some issues raised regarding the adequacy of Bermuda regulation relative to forfeitures of profits as well as instrumentalities of criminal offenses.

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Mr. Chairman, we are. The Common Legal Assistance Treaty in Write-up 17 does obligate Bermuda to give help to the United States in procedures associating to loss of profits as well as instrumentalities of crime, to the level permitted by the law of Bermuda.

We have actually had two examples of successful ask for restraint as well as forfeiture of possessions. Both circumstances were a success as well as we had the ability to get the funds. As a general issue, support is available under the regulations of Bermuda, and also I do believe that is necessary to stress and anxiety, when it come to freezing, taking, and limiting possessions, consisting of for matters connecting to terrorism and also terrorism funding.

It needs to be kept in mind that forfeiture assistance is not limited to what is allowed under Bermuda's domestic law. With regard to an U.S. order, Bermuda can not forfeit a certain instrumentality of nondrug offenses, because that power does not exist locally. Once more, that's restricted to agencies in nondrug offense instances.

Senator Cardin. In the Bermuda agreement, there's an arrangement that is not unknown to us, where Bermuda can reject teamwork in capital instances.

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Are we hindered as an outcome of that or is there a method which we are able to work together under this treaty, also in those instances? Mr. Swartz. Mr. Chairman, our team believe and we wish we still would have the ability to cooperate. Bermuda indicated, and has actually recommended the United States, that it reserves the right to refute assistance in capital cases where the sentence consists of a possible capital punishment, counting on the-- unlike the vital public plan arrangement of Short article 3 of the convention.

As a matter of fact, we have that experience with various other nations that have placed comparable interpretations on the shared legal aid obligations, and also we have actually had the ability to work out setups in a variety of situations that enable us to acquire evidence or discuss whether the evidence is considerable sufficient to go onward with some kind of additional actions being taken.

Mr. Johnson. Mr. Johnson. Yes, Senator, if I could simply include to that, one of the reasons this treaty took as lengthy it did to bargain as well as conclude is due to the fact that it was necessary to us to make certain that there had not been a specific constraint on help in capital instances in the treaty itself.

Swartz relevant to you. And also that method we assume that helps maintain the concept that's essential to us, that such teamwork must be readily available, irrespective of the sort of case. And we think this has also birthed out with some various other nations, where despite similar concerns regarding participation in capital cases, they have, as an example, had the ability to supply aid to the nonpenalty stage of a test or another party 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 death sentence? Mr. Johnson. Senator, they hold the right under the treaty to not give help in instances that contrast public law or their vital interests, and also they have told us that they interpret that to enable them, in capital punishment cases, to exercise that.

I just wanted to make it clear that they would certainly not be an offense of the treaty. We comprehend their interpretation, that if there was an instance pending right here that we required their help, where, clearly, the prosecutors were seeking the death charge, Bermuda could choose not to cooperate under this treaty.

If I might say, Mr. Chairman, importantly, the treaty would call for, because this would certainly be a denial under Write-up 3 of the treaty, that initially there had to be appointments with the United States, before that denial can go forward. As well as I think that's a vital aspect of the negotiation that Mr.

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Rather than having an explicit provisionSpecific arrangement is one of a set of conditions under problems assistance may be denied after consultation, assessment, as well as other thingsVarious other points there must be consideration as to whether assistance can be given, provided to such conditions as problems requested country deems nationConsiders

And I think that would certainly be valuable for us to have that details in this committee. Mr. Swartz. Thanks. foreign tax credit. We would certainly rejoice to supply that. Senator Cardin. Ms. Mc, Carthy, you have the easiest task here, considering that this contract was previously authorized by this board. As I stated in my opening, we approved it far too late in the 111th Congress for activity.

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Have there been any substantial modifications in our investment partnership with Rwanda since last November when you provided statement on this treaty? Ms. Mc, Carthy. Thanks, Mr. Chairman. What we have seen since last November is an increase in United States financial investment in Rwanda, and also I can provide you a few instances.

Also, in February of this year, we have Hilton Hotels; it's is mosting likely to open up a significant resort in Kigali. And also, likewise, Marriott Hotels is entering to facilitate the nation's growing hospitality market. I would claim that, given this pattern of increased financial investment, that it is important that the securities be managed for them.

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You additionally mentioned the truth that the United States is discovering various other bilateral financial investment treaties in Africa. I assume we have 5 existing reciprocal investment treaties in Africa. Can you just share with us other countries that the United States has revealed rate of interest in negotiating treaties?

I believe that completes the questioning. We might have some extra concerns for the record. As you understand, the record continues to be open for 1 day, so you obtain a break. That's a pretty quick turn-around time for this board. However I do appreciate your perseverance with the committee and thank you significantly for your statement today.

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Solution. As laid out listed below, we would love to give upgraded details on reported U.S. investment task in Rwanda. Aside from these updates, the solutions offered by the Division's witness in the 111th Congress remain precise. In 2009, the stock of UNITED STATE foreign straight financial 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 useful for us to have that info in this committee. Mr. Swartz. Thanks. We 'd rejoice to supply that. Senator Cardin. Ms. Mc, Carthy, you have the simplest task right here, given that this arrangement was previously authorized by this board. As I said in my opening, we approved it far too late in the 111th Congress for activity.

Have there been any type of considerable adjustments in our financial investment connection with Rwanda given that last November when you gave testament on this treaty? Ms. Mc, Carthy. Thanks, Mr. Chairman. What we have seen since last November is a boost in United States investment in Rwanda, and I can offer you a couple of instances.

In February of this year, we have Hilton Hotels; it's is going to open up a significant hotel in Kigali. As well as, also, Marriott Hotels is going in to help with the country's growing friendliness market. I would certainly claim that, given this pattern of raised investment, that it is essential that the protections be managed for them.

investors. Senator Cardin (foreign tax credit). I thanks for that. You likewise discussed the fact that the United States is exploring various other bilateral financial investment treaties in Africa. I believe you pointed out another nation. I think we have 5 current bilateral investment treaties in Africa. Can you just share with us various other countries that the United States has shown passion in bargaining treaties? Ms.

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Legislator Cardin. Thank you. I've been informed by the staff that I must ask the inquiry of whether the management still supports the Senate ratification of the Rwanda treaty, since it was held over from the last Congress. So, for the document? Ms. Mc, Carthy. We absolutely do. Legislator Cardin.

I believe that completes the examining. I do value your persistence with the board and thank you very a lot for your testament today.

Response. As set out listed below, we want to supply updated details on reported UNITED STATE investment activity in Rwanda. Other than these updates, the solutions offered by the Division's witness in the 111th Congress stay accurate. 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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