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Published Sep 17, 21
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Well, thank you really much. I intend to provide you all a break for a minute as well as turn to Mr. Swartz. You've been really patient, the three of you. I value that quite. Generally, we would have had two panels, yet we didn't understand how the Us senate would certainly 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 as well as your statements that the treaty with Bermuda also punctures bank privacy and also gives a mechanism for us getting the details we require. There have actually been some common lawful support treaties which contain stipulations related straight to sharing financial institution documents or other monetary information.

Swartz. Thanks, Mr. Chairman. When it come to that specific problem, the committee might be describing the reasonably new arrangement that appears, for example, in our E.U.-U.S. Mutual Legal Support Treaty, the recognition of financial institution records provision. That was an arrangement that was drafted and also taken on in the context of the E.U.

Under that stipulation, it's feasible for the asking for party to look for info regarding whether an account exists in the requested country, or in the instance of the E.U., among the asked for participant states. However, thereafter, the request, if there is a recognition of an account, should be adhered to up via a standard mutual lawful support treaty.

As well as when it come to Bermuda, our document of cooperation has been really good. Our team believe that the record we have on the production of records, including bank records, is such that we are certain that the arrangements consisted of in this mutual legal help treaty, which do require cooperation on the manufacturing of documents, will certainly be sufficient to guarantee that we acquire the records we require for our economic examinations as well as various other examinations.

Some other MLATs likewise allow for immediate, non-written form demands to be made. Mr. Chairman, while it is real that the Common Lawful Aid Treaty does call for demands in written form, it was the judgment of the negotiators that it sufficed that, in this case, with regard to Bermuda, we would be able to obtain quick responses to our requests as well as likewise offer such responses to Bermuda's requests, particularly because we have a method already established that will certainly proceed, we believe, under the treaty of being able to share those demands through e-mail or through fax.

Legislator Cardin. Mr. Johnson. Mr. Johnson.

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Bermuda stood up to that because they intended to ensure that the demands were clear and in a much more official way. Yet in the settlements, it also became clear that they approved that such demand might be made by fax or by e-mail. The actual problem they were worried concerning was not finding a quick means to make a request, however truly just taking oral requests off the table.

We're certain that we have actually got the means in place that we can make immediate requests of them in a method that will be efficient. Mr. Swartz. Mr. Chairman, if I may include, in fact, while it is an advantage to be able to make oral demands, in method, it's very rare that we do so.

Legislator Cardin. My main problem is simply, in immediate issues, that it's not delayed. And also with modern communication, it seems to me that can probably be handled. I'm a lot more concerned regarding bank documents. Mr. Johnson, do have any type of talk about the bank documents problem? Mr. Johnson. Again, not particularly on the bank problem.

The distinction between having the ability to do an oral demand or being able to make use of one of these other very fast ways, we assume, is not substantial. Legislator Cardin. There've been some issues elevated concerning the competence of Bermuda legislation relative to loss of proceeds and also agencies of criminal offenses.

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Swartz. Mr. Chairman, we are. Naturally, the development of forfeiture regulation is a vital and progressive issue. We've seen a variety of adjustments throughout the years, consisting of here in the United States. The Shared Lawful Support Treaty in Short article 17 does obligate Bermuda to provide support to the United States in process connecting to forfeiture of earnings and also instrumentalities of criminal offense, to the degree allowed by the legislation of Bermuda.

We have actually had 2 instances of effective demands for restraint as well as loss of possessions. Both instances were a success as well as we had the ability to get the funds. As a basic issue, help is readily available under the legislations of Bermuda, as well as I do assume that is essential to tension, when it come to freezing, taking, as well as limiting properties, including for issues connecting to terrorism and terrorism financing.

It needs to be kept in mind that forfeiture assistance is not limited to what is permitted under Bermuda's residential regulation. With respect to an U.S. order, Bermuda can not surrender a certain instrumentality of nondrug offenses, since that power does not exist domestically. Once more, that's restricted to agencies in nondrug violation situations.

Legislator Cardin. Thanks. Allow me simply ask the general question, and also any type of one of you can reply to it. In the Bermuda contract, there's a provision that is not unknown to us, where Bermuda can deny cooperation in resources cases. We comprehend, I comprehend that, so I'm not being vital of that arrangement being included in there.

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Are we prevented as an outcome of that or exists a method which we are able to comply under this treaty, also in those situations? Mr. Swartz. Mr. Chairman, our team believe and we hope we still would certainly be able to coordinate. Bermuda indicated, and has advised the United States, that it books the right to reject support in resources situations where the sentence includes a feasible capital punishment, depending on the-- unlike the essential public law provision of Write-up 3 of the convention.

Actually, we have that experience with various other nations that have actually placed comparable analyses on the mutual lawful help duties, and also we've had the ability to function out plans in a variety of situations that permit us to acquire evidence or discuss whether the proof is significant enough to go forward with some kind of further steps being taken.

Mr. Johnson. Mr. Johnson. Yes, Legislator, if I might simply add to that, one of the factors this treaty took as lengthy it did to negotiate as well as wrap up is because it was very important to us to make certain that there had not been a specific constraint on help in funding situations in the treaty itself.

Swartz related to you. Which means we believe that aids keep the concept that is essential to us, that such cooperation should be available, irrespective of the type of case. As well as we think this has likewise substantiated with a few other nations, where even with comparable issues regarding collaboration in capital situations, they have, as an example, been able to offer assistance to the nonpenalty phase of a test or one more event investigation.

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Legislator Cardin. They do hold the right under this treaty to refute collaboration where the United States criminal justice system is seeking resources punishment? Mr. Johnson. Legislator, they hold the right under the treaty to not give help in cases that are in contrast to public law or their necessary passions, and they have informed us that they translate that to enable them, in fatality penalty cases, to exercise that.

Senator Cardin. I understand that. I just desired to make it clear that they would certainly not be an offense of the treaty. We recognize their analysis, that if there was a case pending below that we required their aid, where, clearly, the prosecutors were looking for the execution, Bermuda might choose not to cooperate under this treaty (foreign tax credit).

If I might state, Mr. Chairman, notably, the treaty would certainly need, because this would be a rejection under Post 3 of the treaty, that first there had to be assessments with the United States, prior to that rejection could go onward. And also I believe that's an essential element of the settlement that Mr.

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Rather than having an explicit provisionSpecific stipulation is one of a set of conditions under problems assistance may be denied after refuted, appointment, among other amongstVarious other that there must be should as factor to consider whether assistance can support given, subject to such conditions as the requested country asked for nationRegards

And I believe that would certainly be useful for us to have that information in this board. Ms. Mc, Carthy, you have the easiest work right here, since this contract was previously authorized by this committee. As I said in my opening, we authorized it also 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? Ms. Mc, Carthy. Thank you, Mr. Chairman. What we have seen because last November is a rise in United States financial investment in Rwanda, and I can offer you a few instances.

Likewise, in February of this year, we have Hilton Hotels; it's is going to open a significant hotel in Kigali. And, likewise, Marriott Hotels is going in to promote the country's expanding friendliness sector. I would certainly say that, given this pattern of raised financial investment, that it is crucial that the protections be managed for them.

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You also pointed out the truth that the United States is exploring other reciprocal financial investment treaties in Africa. I believe we have 5 current bilateral financial investment treaties in Africa. Can you just share with us other nations that the United States has revealed passion in bargaining treaties?

I assume that completes the examining. We might have some extra inquiries for the document. As you recognize, the document stays open for 1 day, so you get a break. That's a quite rapid turn-around time for this board. Yet I do value your perseverance with the committee and also thank you significantly for your testament today.

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As set out below, we would like to give 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 Analysis).

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And I assume that would certainly be helpful for us to have that information in this board. Mr. Swartz. Thanks. We would certainly rejoice to supply that. Senator Cardin. Ms. Mc, Carthy, you have the most convenient task here, given that this contract was previously authorized by this board. As I said in my opening, we accepted it as well late in the 111th Congress for activity.

Have there been any kind of substantial adjustments in our investment relationship with Rwanda considering that last November when you offered testimony on this treaty? What we have actually seen since last November is a boost in United States financial investment in Rwanda, as well as 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, additionally, Marriott Hotels is going in to help with the nation's growing hospitality industry. So I would certainly state that, given this pattern of raised financial investment, that it is necessary that the defenses be afforded for them.

You additionally pointed out the truth that the United States is discovering various other reciprocal investment treaties in Africa. I assume we have 5 existing reciprocal investment treaties in Africa. Can you simply share with us other nations that the United States has shown rate of interest in working out treaties?

I think that completes the questioning. I do value your persistence with the board and thank you really much for your testament today.

As established out listed below, we would certainly like to supply upgraded information on reported U.S. investment task in Rwanda. In 2009, the supply of UNITED STATE foreign straight investment in Rwanda was $1 million (according to the Bureau of Economic Analysis).

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