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Published Oct 14, 21
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Well, thank you quite. I wish to offer you all a break for a moment and also rely on Mr. Swartz. You've been very patient, the three of you. I value that really much. Usually, we would have had 2 panels, yet we really did not know exactly how the Us senate would be operating today, so in an effort to make certain we obtained via all the treaties today, we did this as one panel.

Swartz, you direct out in your statement as well as your declarations that the treaty with Bermuda likewise punctures financial institution secrecy as well as offers a system for us getting the information we require. There have actually been some mutual legal support treaties that contain arrangements related straight to sharing bank records or various other financial information.

That was a provision that was drafted as well as embraced in the context of the E.U.

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Under that provision, it's possible for the requesting party asking for celebration information look for details whether an account exists in the requested countryAsked for nation in the case of situation E.U., one of the requested member statesParticipant Thereafter, the demand, if there is a recognition of an account, have to be followed up through a conventional mutual lawful aid treaty.

As well as when it come to Bermuda, our record of teamwork has been very excellent. Our company believe that the document we carry the production of documents, consisting of bank documents, is such that we are certain that the stipulations consisted of in this mutual legal help treaty, which do require participation on the production of records, will be enough to make certain that we acquire the documents we need for our monetary examinations and also other investigations.

Some various other MLATs likewise enable for urgent, non-written form requests to be made. Mr. Chairman, while it is real that the Common Legal Help Treaty does call for demands in written type, it was the judgment of the arbitrators that it was sufficient that, in this instance, with respect to Bermuda, we would certainly be able to acquire quick actions to our demands as well as likewise provide such actions to Bermuda's requests, particularly due to the fact that we have a method currently developed that will certainly continue, we think, under the treaty of being able to convey those requests via e-mail or through fax.

Legislator Cardin. So was this, generally, a decision made by UNITED STATE negotiators, that it was not essential, understanding how we can swiftly obtain faxes and also emails sent? Is that fair adequate to claim, or otherwise? Mr. Johnson. Senator, if I can assist on that particular one? Legislator Cardin. Certain. Mr. Johnson.

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Bermuda withstood that because they intended to see to it that the requests were clear and also in an extra official method. Yet in the negotiations, it likewise became clear that they accepted that such request can be made by fax or by e-mail. So the actual issue they were worried concerning was not discovering a rapid ways to make a request, yet really just taking dental requests off the table.

We're certain that we've got the ways in area that we can make urgent requests of them in a way that will be efficient. Mr. Swartz. Mr. Chairman, if I may include, actually, while it is a benefit to be able to make dental demands, in method, it's extremely rare that we do so.

Senator Cardin. Mr. Johnson, do have any remarks on the financial institution documents issue? Mr. Johnson.

The distinction in between having the ability to do a dental request or having the ability to utilize among these various other very rapid means, we believe, is not substantial. Legislator Cardin. There have actually been some issues raised regarding the adequacy of Bermuda legislation with respect to forfeitures of profits and instrumentalities of criminal offenses.

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Mr. Chairman, we are. The Common Legal Help Treaty in Article 17 does obligate Bermuda to supply aid to the United States in process relating to forfeiture of profits and also instrumentalities of crime, to the level permitted by the regulation of Bermuda.

We've had 2 examples of effective demands for restraint as well as loss of possessions. Both circumstances were a success as well as we were able to obtain the funds. As a basic issue, assistance is readily available under the legislations of Bermuda, and also I do assume that is very important to stress and anxiety, when it come to cold, confiscating, and also restraining properties, including for matters relating to terrorism and also terrorism financing.

It should be kept in mind that loss help is not restricted to what is allowed under Bermuda's domestic legislation. With respect to a UNITED STATE order, Bermuda can not forfeit a specific agency of nondrug offenses, since that power doesn't exist locally. But once again, that's limited to instrumentalities in nondrug violation situations.

Legislator Cardin. In the Bermuda arrangement, there's a stipulation that is not unknown to us, where Bermuda can reject teamwork in capital cases.

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Are we hindered as a result of that or exists a method which we are able to work together under this treaty, even in those instances? Mr. Swartz. Mr. Chairman, our team believe and also we wish we still would certainly be able to work together. Bermuda indicated, and also has actually advised the United States, that it books the right to reject help in resources cases where the sentence consists of a possible execution, depending on the-- as opposed to the crucial public law stipulation of Write-up 3 of the convention.

In reality, we have that experience with various other nations that have put comparable analyses on the shared lawful help responsibilities, and we have actually had the ability to work out plans in a number of cases that enable us to acquire proof or go over whether the proof is significant enough to go forward with some type of more steps being taken.

Mr. Johnson. Mr. Johnson. Yes, Legislator, if I might simply include to that, one of the reasons this treaty took as lengthy it did to negotiate and conclude is due to the fact that it was essential to us to make certain that there had not been an express restriction on aid in resources instances in the treaty itself.

Swartz pertaining to you. Which way we think that aids preserve the concept that is essential to us, that such teamwork must be readily available, irrespective of the type of case. And we assume this has actually likewise birthed out with a few other nations, where despite having similar issues regarding collaboration in resources instances, they have, for instance, been able to supply help to the nonpenalty phase of a test or one more party examination.

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They do hold the right under this treaty to reject cooperation where the United States criminal justice system is seeking funding punishment? Legislator, they hold the right under the treaty to not give assistance in cases that are contrary to public policy or their crucial interests, as well as they have actually informed us that they interpret that to allow them, in fatality charge instances, to exercise that.

Legislator Cardin. I recognize that. I simply wanted to make it clear that they would not be an infraction of the treaty. We understand their interpretation, that if there was an instance pending here that we needed their aid, where, clearly, the district attorneys were looking for the capital punishment, Bermuda can choose not to comply under this treaty (foreign tax credit).

Swartz. If I could say, Mr. Chairman, notably, the treaty would require, considering that this would certainly be a denial under Write-up 3 of the treaty, that first there needed to be assessments with the United States, prior to that rejection can go onward. And also I think that's an essential facet of the negotiation that Mr.

As opposed to having a specific provision, this is one of a set of problems under which aid may be rejected after appointment, as well as, amongst other points, that there must be factor to consider regarding whether support can be offered, based on such conditions as the asked for country deems required. As well as our experience because regard has been that we usually can discover appropriate guarantees to permit proof to be generated, a minimum of for first analysis of the significance of evidence in the case overall.

As well as I assume that would certainly be useful for us to have that information in this committee. Mr. Swartz. Thanks. foreign tax credit. We 'd be happy to provide that. Senator Cardin. Ms. Mc, Carthy, you have the simplest work below, considering that this contract was previously authorized by this committee. As I said in my opening, we accepted it as well late in the 111th Congress for action.

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Have there been any significant adjustments in our financial investment connection with Rwanda given that last November when you gave statement on this treaty? What we have seen considering that last November is an increase in United States financial investment in Rwanda, and also I can provide 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 also, also, Marriott Hotels is going in to help with the country's expanding friendliness market. I would state that, provided this pattern of raised investment, that it is crucial that the defenses be afforded for them.

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investors. Senator Cardin. I thank you for that (foreign tax credit). You also discussed the fact that the United States is exploring other reciprocal investment treaties in Africa. I think you mentioned another country. I think we have five current bilateral financial investment treaties in Africa. Can you just show us various other countries that the United States has shown rate of interest in working out treaties? Ms.

Legislator Cardin. Thank you. I've been told by the personnel that I should ask the concern of whether the administration still sustains the Us senate adoption of the Rwanda treaty, considering that 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 questioning. We might have some additional inquiries for the document. As you recognize, the record stays open for 24-hour, so you obtain a break. That's a quite quick turnaround time for this committee. I do appreciate your persistence with the committee and thank you very a lot for your testimony today.

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Answer. As established out below, we wish to offer updated info on reported U.S. financial investment activity in Rwanda. Other than these updates, the responses provided by the Division's witness in the 111th Congress remain accurate. 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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As well as I believe that would be practical for us to have that details in this committee. Mr. Swartz. Thanks. We would certainly be delighted to provide that. Legislator Cardin. Ms. Mc, Carthy, you have the most convenient work below, considering that this arrangement was formerly accepted by this committee. As I claimed in my opening, we approved it far too late in the 111th Congress for activity.

Have there been any significant modifications in our investment relationship with Rwanda because last November when you offered testimony 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 provide 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 going in to assist in the country's growing friendliness industry. So I would certainly say that, provided this pattern of raised investment, that it is important that the securities be managed for them.

You also stated the truth that the United States is checking out other reciprocal financial investment treaties in Africa. I assume we have five current bilateral financial investment treaties in Africa. Can you just share with us various other countries that the United States has revealed interest in discussing treaties?

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

Answer. As established out below, we would such as to provide upgraded info on reported U.S. financial investment activity in Rwanda. Aside from these updates, the solutions given by the Department'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 Analysis).

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