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Published Oct 13, 21
12 min read

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Well, thanks quite. I desire to give you all a break for a moment and also resort to Mr. Swartz. You've been extremely patient, the 3 of you. I value that really much. Typically, we would certainly have had 2 panels, but we didn't recognize how the Senate would certainly be running today, so in an effort to make certain we made it through all the treaties today, we did this as one panel.

Swartz, you mention in your testament as well as your statements that the treaty with Bermuda additionally punctures bank privacy as well as provides a mechanism for us obtaining the information we require. There have been some mutual legal support treaties that consist of stipulations relevant straight to sharing financial institution records or various other economic info.

That was a provision that was composed and taken on in the context of the E.U.

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Under that provision, arrangement's possible for feasible requesting party asking for event information look for to whether an account exists in the requested country, nation in the case of situation E.U., one of the requested member asked for. After that, the demand, if there is an identification of an account, should be adhered to up with a basic shared legal assistance treaty.

And with respect to Bermuda, our record of participation has actually been excellent. Our company believe that the record we carry the production of documents, consisting of financial institution documents, is such that we are confident that the stipulations consisted of in this shared lawful aid treaty, which do call for cooperation on the production of records, will certainly be enough to make sure that we get the documents we need for our financial investigations and also other examinations.

A few other MLATs likewise enable immediate, non-written form demands to be made. It's my understanding that in Bermuda, it should be in written kind. Any type of reason that that arrangement was not included in this agreement? Mr. Swartz. Mr. Chairman, while it holds true that the Shared Legal Aid Treaty does call for demands in written type, it was the judgment of the negotiators that it was sufficient that, in this situation, when it come to Bermuda, we would certainly have the ability to acquire expeditious feedbacks to our requests as well as also give such actions to Bermuda's demands, especially since we have a technique currently established that will certainly continue, we think, under the treaty of being able to communicate those requests through email or with fax.

Senator Cardin. Was this, basically, a choice made by UNITED STATE negotiators, that it was not necessary, knowing how we can swiftly obtain faxes as well as e-mails sent out? Is that reasonable sufficient to claim, or not? Mr. Johnson. Legislator, if I can aid on that one? Legislator Cardin. Certain. Mr. Johnson.

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Bermuda resisted that since they desired to make sure that the demands were clear as well as in an extra official means. Yet in the negotiations, it likewise became clear that they accepted that such demand could be made by fax or by e-mail. The actual problem they were concerned regarding was not finding a fast means to make a request, yet truly just taking oral requests off the table.

So we're certain that we've obtained the methods in area that we can make immediate demands of them in a manner that will certainly be effective. Mr. Swartz. Mr. Chairman, if I could include, in fact, while it is a benefit to be able to make oral requests, in technique, it's extremely unusual that we do so.

Senator Cardin. My primary problem is just, in immediate issues, that it's not postponed. And also with modern communication, it seems to me that can probably be managed. I'm much more concerned regarding financial institution documents. Mr. Johnson, do have any kind of remarks on the financial institution documents issue? Mr. Johnson. Once more, not particularly on the financial institution issue.

The difference between being able to do an oral request or having the ability to make use of one of these other really quick methods, we believe, is not consequential. Senator Cardin. There've been some concerns raised about the adequacy of Bermuda legislation with regard to loss of proceeds and also instrumentalities of criminal offenses.

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Swartz. Mr. Chairman, we are. Obviously, the development of forfeit regulation is an essential and also modern issue. We have actually seen a variety of adjustments throughout the years, including below in the United States. But the Common Lawful Help Treaty in Article 17 does obligate Bermuda to supply help to the United States in process connecting to forfeit of earnings as well as agencies of criminal offense, to the level allowed by the legislation of Bermuda.

We've had 2 instances of successful demands for restriction and forfeiture of possessions. Both circumstances were a success and we had the ability to obtain the funds. As a general matter, support is offered under the regulations of Bermuda, and also I do believe that is essential to tension, with respect to freezing, confiscating, as well as limiting assets, including for issues connecting to terrorism as well as terrorism financing.

However it should be noted that loss aid is not limited to what is allowed under Bermuda's domestic law. With regard to an U.S. order, Bermuda can not forfeit a details instrumentality of nondrug offenses, because that power doesn't exist domestically. However again, that's limited to agencies in nondrug offense cases.

Senator Cardin. Thank you. Let me simply ask the basic question, and also any among you can respond to it. In the Bermuda agreement, there's a provision that is not unknown to us, where Bermuda can deny participation in funding situations. We comprehend, I understand that, so I'm not being critical of that arrangement being consisted of therein.

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Are we prevented as a result of that or exists a method which we are able to comply under this treaty, even in those cases? Mr. Swartz. Mr. Chairman, our team believe as well as we hope we still would certainly be able to cooperate. Bermuda showed, and has recommended the United States, that it schedules the right to reject aid in resources instances where the sentence includes a feasible execution, depending on the-- contrary to the crucial public law arrangement of Write-up 3 of the convention.

In truth, we have that experience with other nations that have actually placed similar interpretations on the shared lawful assistance responsibilities, and also we've had the ability to work out arrangements in a variety of situations that permit us to obtain evidence or talk about whether the proof is substantial sufficient to move forward with some kind of further actions being taken.

Mr. Johnson. Mr. Johnson. Yes, Legislator, if I might just contribute to that, one of the factors this treaty took as long it did to bargain and also wrap up is due to the fact that it was necessary to us to make certain that there wasn't a specific restriction on support in funding cases in the treaty itself.

Swartz associated to you. Which way we assume that aids maintain the principle that is very important to us, that such collaboration needs to be available, irrespective of the kind of instance. As well as we assume this has actually also substantiated with some various other countries, where despite having comparable problems regarding participation in capital situations, they have, for example, been able to offer help to the nonpenalty stage of a trial or another party examination.

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Legislator Cardin. They do hold the right under this treaty to deny collaboration where the United States criminal justice system is seeking funding penalty? Mr. Johnson. Senator, they hold the right under the treaty to not provide support if are contrary to public law or their essential interests, and they have actually informed us that they interpret that to enable them, in capital punishment situations, to work out that.

I simply wanted to make it clear that they would certainly 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, clearly, the prosecutors were looking for the death fine, Bermuda could decide not to cooperate under this treaty.

If I might state, Mr. Chairman, significantly, the treaty would certainly require, considering that this would be a denial under Article 3 of the treaty, that initially there had to be examinations with the United States, before that denial might go onward. And I believe that's a crucial element of the arrangement that Mr.

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Rather than having an explicit provision, stipulation is one of a set of conditions under which assistance may be denied after refuted, examination, among other amongst, points there must be have to as factor to consider whether assistance can help given, provided to such conditions as the requested country asked for necessaryRegards

As well as I think that would certainly be handy for us to have that information in this committee. Ms. Mc, Carthy, you have the simplest job here, given that this agreement was formerly approved by this committee. As I said in my opening, we authorized it too late in the 111th Congress for activity.

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Have there been any type of significant adjustments in our investment connection with Rwanda since last November when you gave testament on this treaty? What we have actually seen given that last November is an increase in United States financial investment in Rwanda, as well as I can provide you a few examples.

Also, in February of this year, we have Hilton Hotels; it's is going to open a major hotel in Kigali. As well as, additionally, Marriott Hotels is going in to promote the nation's expanding friendliness sector. So I would certainly state that, given this pattern of increased investment, that it is essential that the protections be managed for them.

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You likewise mentioned the truth that the United States is exploring various other reciprocal investment treaties in Africa. I think we have 5 existing bilateral investment treaties in Africa. Can you simply share with us various other nations that the United States has revealed passion in discussing treaties?

I think that completes the questioning. We could have some additional inquiries for the document. As you recognize, the record continues to be open for 24-hour, so you get a break. That's a rather rapid turn-around time for this board. I do value your perseverance with the committee and also thank you very much for your testament today.

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Solution. As laid out below, we wish to supply upgraded information on reported UNITED STATE financial investment activity in Rwanda. Besides these updates, the solutions offered by the Department's witness in the 111th Congress remain accurate. In 2009, the supply of U.S. foreign direct financial investment in Rwanda was $1 million (according to the Bureau of Economic Evaluation).

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And I assume that would be helpful for us to have that info in this committee. Ms. Mc, Carthy, you have the simplest task here, given that this arrangement was previously approved by this board. As I claimed in my opening, we accepted it also late in the 111th Congress for activity.

Have there been any kind of considerable modifications in our financial investment relationship with Rwanda because last November when you gave statement on this treaty? What we have actually seen considering that last November is a boost in United States financial 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 significant hotel in Kigali. And, additionally, Marriott Hotels is entering to help with the nation's growing hospitality industry. So I would claim that, provided this pattern of raised financial investment, that it is important that the defenses be afforded for them.

capitalists. Legislator Cardin (foreign tax credit). I thanks for that. You additionally stated the fact that the United States is checking out other reciprocal financial investment treaties in Africa. I think you discussed another country. I assume we have 5 present bilateral investment treaties in Africa. Can you just show us various other countries that the United States has revealed rate of interest in negotiating treaties? Ms.

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Senator Cardin. Thank you. I have actually been told by the staff that I should ask the question 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 record? Ms. Mc, Carthy. We definitely do. Legislator Cardin.

I believe that finishes the questioning. We might have some added questions for the record. As you understand, the record stays open for 24-hour, so you obtain a break. That's a rather quick turn-around time for this board. However I do value your patience with the board and also thank you significantly for your statement today.

Answer. As established out listed below, we wish to offer upgraded details on reported UNITED STATE financial investment activity in Rwanda. Apart from these updates, the solutions given by the Department's witness in the 111th Congress remain precise. In 2009, the supply of UNITED STATE foreign direct financial investment in Rwanda was $1 million (according to the Bureau of Economic Analysis).

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