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Published Oct 04, 21
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I desire to provide you all a break for a moment as well as transform to Mr. Swartz. Typically, we would have had two panels, but we didn't know just how the Us senate would certainly be operating today, so in an initiative to make certain we got through all the treaties today, we did this as one panel.

Swartz, you explain in your statement and also your declarations that the treaty with Bermuda likewise pierces bank secrecy and also offers a system for us obtaining the information we require. There have actually been some common lawful assistance treaties that contain provisions related directly to sharing financial institution records or various other monetary info.

Swartz. Thanks, Mr. Chairman. When it come to that particular problem, the board might be describing the relatively brand-new provision that appears, for example, in our E.U.-U.S. Mutual Legal Assistance Treaty, the identification of bank documents stipulation. That was a provision that was prepared and also adopted in the context of the E.U.

Under that arrangement, it's feasible for the asking for party to inquire as to whether an account exists in the asked for country, or in the situation of the E.U., one of the requested participant states. Afterwards, the demand, if there is an identification of an account, must be followed up through a standard mutual legal support treaty.

As well as with respect to Bermuda, our document of cooperation has been great. We think that the document we carry the production of records, including financial institution records, is such that we are confident that the arrangements consisted of in this mutual legal assistance treaty, which do require teamwork on the production of documents, will certainly be sufficient to ensure that we obtain the documents we need for our financial investigations as well as other investigations.

Some various other MLATs also permit for immediate, non-written form requests to be made. Mr. Chairman, while it is true that the Common Legal Support Treaty does need requests in written kind, it was the judgment of the mediators that it sufficed that, in this instance, with regard to Bermuda, we would be able to obtain quick responses to our requests as well as also supply such feedbacks to Bermuda's demands, specifically since we have a practice already developed that will proceed, we believe, under the treaty of being able to communicate those demands via e-mail or with fax.

Senator Cardin. Was this, generally, a choice made by UNITED STATE mediators, that it was not needed, understanding just how we can promptly obtain faxes and also emails sent? Is that reasonable sufficient to state, or otherwise? Mr. Johnson. Senator, if I can aid on that one? Senator Cardin. Sure. Mr. Johnson.

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Bermuda stood up to that since they wanted to make certain that the demands were clear and also in a more official way. In the arrangements, it additionally came to be clear that they approved that such request can be made by fax or by email. The actual problem they were concerned regarding was not finding a rapid means to make a demand, but actually simply taking dental demands off the table.

We're confident that we have actually obtained the means in location that we can make urgent requests of them in a method that will certainly be effective. Mr. Swartz. Mr. Chairman, if I could include, as a matter of fact, while it is a benefit to be able to make oral requests, in technique, it's extremely unusual that we do so.

Legislator Cardin. My main problem is just, in urgent matters, that it's not delayed. And with modern communication, it seems to me that can possibly be handled. I'm much more worried concerning bank documents. Mr. Johnson, do have any type of talk about the financial institution records concern? Mr. Johnson. Again, not especially on the bank issue.

The distinction between being able to do a dental request or having the ability to utilize one of these various other very rapid methods, we believe, is not substantial. Legislator Cardin. There've been some problems increased regarding the adequacy of Bermuda law relative to forfeitures of earnings as well as instrumentalities of criminal offenses.

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Mr. Chairman, we are. The Shared Lawful Help Treaty in Short article 17 does obligate Bermuda to supply aid to the United States in proceedings associating to forfeit of proceeds and also agencies of criminal activity, to the extent allowed by the regulation of Bermuda.

We've had 2 instances of effective demands for restraint and loss of assets. Both circumstances were a success and we had the ability to acquire the funds. As a basic matter, assistance is offered under the legislations of Bermuda, and also I do think that is necessary to tension, when it come to freezing, confiscating, and limiting properties, consisting of for issues connecting to terrorism and also terrorism funding.

It should be kept in mind that loss aid is not limited to what is allowed under Bermuda's domestic legislation. When it come to an U.S. order, Bermuda can not waive a certain agency of nondrug offenses, because that power does not exist locally. Once more, that's restricted to agencies in nondrug offense situations.

Legislator Cardin. Thank you. Let me simply ask the general question, and any one of you can react to it. In the Bermuda contract, there's a provision that is not unfamiliar to us, where Bermuda can reject teamwork in funding instances. We recognize, I comprehend that, so I'm not being important of that provision being consisted of in there.

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Are we hindered as an outcome of that or is there a method in which we are able to comply under this treaty, even in those situations? Mr. Chairman, we believe and also we wish we still would be able to work together.

We have that experience with various other nations that have put similar analyses on the common lawful support obligations, as well as we have actually been able to work out arrangements in a number of instances that allow us to acquire evidence or talk about whether the proof is significant sufficient to go ahead with some kind of further actions being taken.

Mr. Johnson. Mr. Johnson. Yes, Senator, if I might just include in that, one of the factors this treaty took as long it did to bargain and also conclude is due to the fact that it was essential to us to make certain that there wasn't a specific constraint on support in capital cases in the treaty itself.

Swartz related to you. Which means we think that aids maintain the concept that's vital to us, that such participation needs to be available, irrespective of the sort of situation. And also we think this has actually likewise birthed out with some other countries, where despite having similar issues regarding collaboration in funding cases, they have, for example, had the ability to offer aid to the nonpenalty stage of a test or an additional event examination.

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They do hold the right under this treaty to refute participation where the United States criminal justice system is looking for capital penalty? Legislator, they hold the right under the treaty to not provide help in cases that are in contrast to public plan or their important passions, and they have actually told us that they interpret that to permit them, in fatality charge instances, to work out that.

Senator Cardin. I comprehend that. I just wished to make it clear that they would not be a violation of the treaty. We recognize their interpretation, that if there was a situation pending right here that we needed their help, where, clearly, the district attorneys were seeking the fatality penalty, Bermuda can determine not to work together under this treaty (foreign tax credit).

Swartz. If I can claim, Mr. Chairman, importantly, the treaty would need, because this would be a rejection under Article 3 of the treaty, that initially there had to be consultations with the United States, before that denial could move forward. And I assume that's a crucial facet of the negotiation that Mr.

Instead of having a specific arrangement, this is one of a collection of conditions under which assistance may be denied after examination, and, to name a few points, that there must be factor to consider as to whether assistance can be offered, based on such problems as the requested nation considers required. And our experience in that respect has actually been that we sometimes can find suitable assurances to enable proof to be generated, at the very least for first evaluation of the significance of proof in case generally.

And also I believe that would be helpful for us to have that information in this committee. Ms. Mc, Carthy, you have the simplest task below, since this arrangement was formerly approved by this committee. As I said 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 adjustments in our investment relationship with Rwanda because last November when you provided statement on this treaty? Ms. Mc, Carthy. Thank you, Mr. Chairman. What we have seen considering that last November is a boost in United States investment in Rwanda, as well as I can give you a couple of examples.

In February of this year, we have Hilton Hotels; it's is going to open up a significant resort in Kigali. And also, also, Marriott Hotels is entering to promote the nation's growing friendliness market. So I would claim that, given this pattern of boosted financial investment, that it is essential that the protections be afforded for them.

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You additionally discussed the truth that the United States is checking out various other reciprocal investment treaties in Africa. I assume we have 5 current bilateral investment treaties in Africa. Can you just share with us other nations that the United States has revealed rate of interest in working out treaties?

I assume that completes the examining. I do value your persistence with the committee and thank you very a lot for your testimony today.

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Response. As laid out below, we would love to give updated information on reported UNITED STATE investment task in Rwanda. Apart from these updates, the solutions offered by the Division's witness in the 111th Congress remain accurate. 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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And I think that would be practical for us to have that details in this board. Mr. Swartz. Thanks. We would certainly rejoice to supply that. Senator Cardin. Ms. Mc, Carthy, you have the most convenient job here, given that this arrangement was formerly authorized by this committee. As I said in my opening, we authorized it far too late in the 111th Congress for activity.

Have there been any considerable modifications in our investment partnership with Rwanda given that last November when you provided testament on this treaty? Ms. Mc, Carthy. Thanks, Mr. Chairman. What we have actually seen considering that last November is a boost in United States investment in Rwanda, and I can offer you a few examples.

In February of this year, we have Hilton Hotels; it's is going to open up a major resort in Kigali. And, likewise, Marriott Hotels is entering to facilitate the nation's expanding hospitality industry. So I would claim that, offered this pattern of raised investment, that it is necessary that the protections be managed for them.

investors. Senator Cardin (foreign tax credit). I thank you for that. You additionally mentioned the reality that the United States is exploring various other reciprocal financial investment treaties in Africa. I believe you pointed out one other country. I think we have five existing reciprocal investment treaties in Africa. Can you simply show to us other nations that the United States has revealed passion in bargaining treaties? Ms.

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Senator Cardin. Thank you. I've been informed by the team that I need to ask the concern of whether the administration still sustains the Senate passage of the Rwanda treaty, since it was held over from the last Congress. For the record? Ms. Mc, Carthy. We certainly do. Senator Cardin.

I think that finishes the questioning. We could have some additional questions for the record. As you recognize, the document continues to be open for 24-hour, so you get a break. That's a rather rapid turn-around time for this board. But I do appreciate your perseverance with the committee and thank you significantly for your testimony today.

As established out listed below, we would like to supply upgraded details on reported U.S. investment activity in Rwanda. In 2009, the supply of UNITED STATE foreign direct financial investment in Rwanda was $1 million (according to the Bureau of Economic Evaluation).

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