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Published Sep 25, 21
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Well, thank you significantly. I intend to provide you all a break for a moment and also transform to Mr. Swartz. You have actually been extremely patient, the three of you. I value that quite. Normally, we would have had 2 panels, but we didn't understand how the Us senate would certainly be operating today, so in an initiative to make sure we made it through all the treaties today, we did this as one panel.

Swartz, you mention in your testament and also your statements that the treaty with Bermuda also punctures financial institution secrecy and also gives a mechanism for us getting the info we need. There have actually been some shared legal assistance treaties which contain stipulations related directly to sharing bank documents or various other financial information.

That was a stipulation that was prepared and also adopted in the context of the E.U.

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Under that provision, stipulation's possible for feasible requesting party to seek information as details whether an account exists in the requested countryAsked for or in the case of the E.U., one of the requested member asked forParticipant Afterwards, the demand, if there is an identification of an account, have to be adhered to up through a common common lawful assistance treaty.

And with respect to Bermuda, our record of participation has been really excellent. We think that the record we carry the production of documents, including bank documents, is such that we are certain that the stipulations included in this shared lawful support treaty, which do need cooperation on the manufacturing of records, will certainly be adequate to ensure that we get the records we need for our economic investigations and also other examinations.

A few other MLATs also permit immediate, non-written kind demands to be made. It's my understanding that in Bermuda, it must remain in written form. Any type of reason that provision was not included in this contract? Mr. Swartz. Mr. Chairman, while it is true that the Shared Legal Assistance Treaty does need requests in written form, it was the judgment of the mediators that it was adequate that, in this situation, when it come to Bermuda, we would certainly have the ability to obtain expeditious responses to our requests as well as also provide such responses to Bermuda's requests, particularly since we have a method already established that will proceed, our company believe, under the treaty of being able to convey those demands via e-mail or through fax.

Legislator Cardin. Mr. Johnson. Mr. Johnson.

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Bermuda resisted that because they intended to ensure that the requests were clear as well as in a more official method. But in the arrangements, it additionally ended up being clear that they accepted that such demand might be made by fax or by email. So the real concern they were worried about was not finding a quick means to make a demand, however actually simply taking oral demands off the table.

So we're confident that we have actually obtained the ways in location that we can make urgent requests of them in a way that will certainly be efficient. Mr. Swartz. Mr. Chairman, if I may add, actually, while it is an advantage to be able to make oral requests, in method, it's really rare that we do so.

Legislator Cardin. My primary problem is just, in immediate matters, that it's not postponed. And also with contemporary communication, it seems to me that can most likely be handled. I'm extra concerned about financial institution records. Mr. Johnson, do have any discuss the financial institution documents concern? Mr. Johnson. Once again, not particularly on the bank issue.

The distinction between being able to do a dental demand or being able to make use of one of these various other extremely rapid ways, we think, is not substantial. Senator Cardin. There've been some problems raised regarding the competence of Bermuda regulation relative to forfeits of proceeds as well as agencies of criminal offenses.

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Swartz. Mr. Chairman, we are. Certainly, the growth of forfeit legislation is a crucial and modern issue. We have actually seen a variety of adjustments over the program of the years, consisting of below in the United States. The Common Lawful Help Treaty in Post 17 does obligate Bermuda to supply help to the United States in proceedings associating to forfeit of earnings as well as agencies of crime, to the level allowed by the regulation of Bermuda.

We've had 2 examples of successful ask for restraint and forfeit of possessions. Both instances were a success as well as we were able to get the funds. As a general matter, aid is readily available under the legislations of Bermuda, and also I do believe that is necessary to stress and anxiety, with respect to cold, seizing, and also restraining assets, including for issues connecting to terrorism and also terrorism financing.

Yet it needs to be noted that forfeit aid is not restricted to what is permitted under Bermuda's residential law. When it come to a UNITED STATE order, Bermuda can not surrender a details instrumentality of nondrug offenses, because that power does not exist locally. But again, that's limited to instrumentalities in nondrug infraction instances.

Senator Cardin. In the Bermuda agreement, there's a provision that is not unfamiliar to us, where Bermuda can reject participation in resources instances.

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Are we hindered as an outcome of that or exists a method in which we are able to cooperate under this treaty, even in those cases? Mr. Swartz. Mr. Chairman, we think and we hope we still would be able to work together. Bermuda suggested, as well as has actually encouraged the United States, that it schedules the right to reject support in resources situations where the sentence consists of a possible capital punishment, relying upon the-- in contrast to the vital public law arrangement of Write-up 3 of the convention.

We have that experience with various other nations that have put similar analyses on the shared legal aid obligations, and also we've been able to function out setups in a number of instances that enable us to obtain proof or review whether the evidence is considerable enough to go onward with some kind of additional actions being taken.

Mr. Johnson. Mr. Johnson. Yes, Legislator, if I could simply contribute to that, one of the reasons this treaty took as lengthy it did to bargain and also conclude is due to the fact that it was essential to us to see to it that there had not been a specific restriction on help in resources cases in the treaty itself.

Swartz relevant to you. As well as that method we assume that helps keep the principle that is necessary to us, that such cooperation should be readily available, irrespective of the type of situation. As well as we think this has actually additionally birthed out with some other countries, where despite having comparable worries regarding participation in resources instances, they have, for instance, been able to offer assistance to the nonpenalty phase of a test or another party investigation.

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Legislator Cardin. However they do hold the right under this treaty to refute cooperation where the United States criminal justice system is seeking resources penalty? Mr. Johnson. Senator, they hold the right under the treaty to not provide assistance if are in contrast to public law or their crucial passions, and they have actually informed us that they translate that to enable them, in death sentence cases, to exercise that.

I simply desired to make it clear that they would not be a violation of the treaty. We comprehend their interpretation, that if there was a situation pending right here that we needed their assistance, where, clearly, the prosecutors were seeking the death fine, Bermuda could choose not to comply under this treaty.

If I might claim, Mr. Chairman, significantly, the treaty would need, because this would certainly be a rejection under Short article 3 of the treaty, that initially there had to be assessments with the United States, before that rejection can go ahead. As well as I think that's a vital element of the arrangement 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 refuted, assessment, among other thingsVarious other points there must be consideration as to whether assistance can be given, provided to such conditions as problems requested country asked for nationConsiders

And I believe that would certainly be valuable for us to have that details in this committee. Mr. Swartz. Thanks. foreign tax credit. We 'd rejoice to provide that. Legislator Cardin. Ms. Mc, Carthy, you have the simplest work right here, given that this arrangement was formerly accepted by this committee. As I stated in my opening, we authorized it as well late in the 111th Congress for activity.

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Have there been any significant modifications in our financial investment partnership with Rwanda because last November when you provided testament on this treaty? Ms. Mc, Carthy. Thank you, Mr. Chairman. What we have seen given that last November is a rise in United States investment in Rwanda, as well as I can give you a few instances.

In February of this year, we have Hilton Hotels; it's is going to open up a major hotel in Kigali. And also, additionally, Marriott Hotels is entering to assist in the nation's growing friendliness sector. So I would state that, given this pattern of enhanced financial investment, that it is essential that the protections be managed for them.

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You also mentioned the fact that the United States is exploring various other reciprocal financial investment treaties in Africa. I assume we have 5 current bilateral financial investment treaties in Africa. Can you simply share with us other countries that the United States has revealed interest in bargaining treaties?

I believe that completes the examining. We might have some added concerns for the document. As you know, the document continues to be open for 24 hr, so you get a break. That's a quite quick turnaround time for this committee. I do appreciate your perseverance with the board and thank you extremely a lot for your testament today.

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Answer. As established out listed below, we would such as to provide upgraded info on reported U.S. financial investment task in Rwanda. Apart from these updates, the responses given by the Division's witness in the 111th Congress stay precise. In 2009, the supply of U.S. foreign straight financial investment in Rwanda was $1 million (according to the Bureau of Economic Analysis).

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And also I think that would be valuable for us to have that info in this committee. Ms. Mc, Carthy, you have the simplest task right here, since this contract was formerly accepted by this board. As I stated in my opening, we accepted it too late in the 111th Congress for action.

Have there been any type of substantial adjustments in our investment relationship with Rwanda since last November when you offered testament on this treaty? Ms. Mc, Carthy. Thank you, Mr. Chairman. What we have actually seen because last November is an increase in United States investment in Rwanda, and 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 resort in Kigali. And, additionally, Marriott Hotels is entering to promote the country's growing hospitality industry. I would claim that, offered this pattern of raised investment, that it is important that the protections be managed for them.

You likewise pointed out the fact that the United States is discovering other bilateral financial investment treaties in Africa. I believe we have five current reciprocal financial investment treaties in Africa. Can you simply share with us other countries that the United States has revealed rate of interest in bargaining treaties?

I think that finishes the questioning. We may have some additional concerns for the record. As you know, the record stays open for 1 day, so you obtain a break. That's a rather rapid turnaround time for this committee. Yet I do appreciate your persistence with the board and also thanks very a lot for your testament today.

As set out listed below, we would certainly such as to offer upgraded details on reported U.S. investment activity in Rwanda. 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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