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verdict These provisions and also problems are all talked about in even more detail in the Joint Board team handouts on the proposed treaty and methods. I more than happy to answer any kind of questions that your committee might contend this moment or in the future. Legislator Cardin. Thank you very much for your testimony.

First, naturally, this treaty produces a binding lawful obligation to supply common legal aid, replacing a collegial and also good relationship with one that currently has a treaty basis. Second, the treaty supplies for support in a variety of criminal justice matters. As the board knows, the treaty offers that support will be provided in connection "with the investigation, prosecution, and avoidance of criminal offenses for which the maximum fine is deprival of liberty for at the very least one year" as measured by the laws of the celebration looking for support.

Third, the treaty additionally makes clear that help will certainly be offered through procedures by the Securities as well as Exchange Payment, when those proceedings are incidental to or gotten in touch with pending criminal investigations as well as process, which of course is necessary for our economic criminal activity examinations. 4th, the treaty also gives for a broad array of various kinds of collaboration in criminal matters, consisting of taking the testimony or statements of individuals; offering files, documents, as well as other kinds of evidence; transferring persons captive for testimony or other purposes; carrying out searches and seizures; aiding in procedures connecting to the forfeiture of possessions; as well as any type of various other kind useful not inconsistent with the laws of the party granting the help.

The treaty, collectively discussed by the Departments of State and Justice, mirrors the worldwide police priorities of the Department of Justice. As necessary, we sign up with the Department of State in urging the committee to report favorably to the Senate and also advise its advice and grant ratification of the treaty.

Virtually 35 years later on, we currently have MLATs effective with over 60 nations. Additionally, the transmittal bundle for the MLAT with Bermuda offers a thorough article-by-article analysis of the treaty, which I will certainly not try to repeat below. Instead, I would love to highlight how the MLAT with Bermuda shows our international law enforcement priorities.

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Additionally, changing the current practice of optional teamwork, the treaty will establish a binding, legal obligation to give help "about the examination, prosecution, and also avoidance of criminal offenses for which the optimum penalty is deprival of liberty for at least one year, and in procedures connected to criminal matters." Limiting applicability to offenses culpable by a minimum of 1 year's jail time, as measured by the fine provisions in the party looking for the assistance, explains that the treaty is to be made use of for requests connecting to major offenses, while still supplying for aid in a broad spectrum of criminal issues, consisting of terrorism, arranged criminal activity, narcotics trafficking, money laundering, fraudulence, tax offenses, intellectual building crimes and also ecological offenses.

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Short article 21 of the treaty further clarifies that aid would be offered for process by the Stocks as well as Exchange Compensation when those procedures are subordinate to or linked with pending criminal examinations as well as procedures. The treaty with Bermuda additionally offers a broad array of different kinds of teamwork in criminal matters, including taking the testimony or declarations of persons; giving records, records, as well as other write-ups of evidence; finding or identifying individuals or things; offering records; moving persons in custodianship for statement or other objectives; conducting searches and also seizures; aiding in proceedings connected to the forfeiture of properties, restitution, and the collection of criminal penalties; as well as any kind of various other kind of support not irregular with the regulations of the party approving the help.

Dramatically, the Bermuda MLAT supplies a framework for participation in the mapping, seizure, and forfeit of criminally acquired possessions. Despite the several advantages offered by the treaty with Bermuda, we realize that MLATs in themselves are not the remedy to all elements of legislation enforcement participation. Their success relies on our capability to execute them successfully, integrating detailed and also upgraded legal provisions with the capability and also political will of our treaty companions.

Founded in 2015 and located on Avenue of the Americas, in the heart of New York City, International Wealth Tax Advisors provides highly personalized, secure and private global tax, GILTI, FATCA, Foreign Trusts consulting and accounting to many clients worldwide, including: Singapore, China, Mexico, Ecuador, Peru, Brazil, Argentina, Saudi Arabia, Pakistan, Afghanistan, South Africa, United Kingdom, France, Spain, Switzerland, Australia and New Zealand.

If the Senate offers its suggestions and approval to adoption, this treaty will certainly fill up a gap in the legal structure for global police participation in this region. The treaty is among a collection of modern-day common lawful help treaties discussed by the United States since the 1980s as well as consists of all the crucial arrangements of such treaties that the United States looks for.

This responsibility would certainly extend to procedures associated with criminal issues, such as loss procedures, as well as procedures of the Securities and also Exchange Compensation when supplementary to pending criminal examinations or prosecutions. The treaty itself also serves to develop an extra legal responsibility to provide support associated with criminal tax offenses, including those not covered by the 2 existing tax agreements we have with Bermuda.

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I would certainly note that unlike a number of our various other shared lawful aid treaties covering overseas areas of the United Kingdom, which have been concluded by the UK on their part, this treaty was wrapped up straight with the Federal government of Bermuda. Prior to trademark, the United States obtained from the United Kingdom a duplicate of its entrustment letter to Bermuda, granting Bermuda the authority to sign and also conclude this treaty.

It's our understanding that Bermuda has completed the internal legal demands for entrance into force of this treaty. It's, for that reason, important that the United States remains in a position to bring this treaty right into force asap. We can then begin to gain from the many devices it supplies to boost our law-enforcement teamwork with Bermuda.

If accepted, it would certainly develop a legal commitment for Bermuda to give aid "in link with the examination, prosecution, and also avoidance of criminal offenses," with a couple of limited exceptions. This obligation would include procedures connected to criminal matters, such as forfeiture process, along with process of the Securities and Exchange Compensation when supplementary to pending criminal investigations or prosecutions.

It provides that, prior to a party seeks to implement an obligatory action requiring an action to be executed in the various other event connecting to an issue for which aid is readily available under the treaty (such as manufacturing of financial institution documents), the celebration needs to first attempt in good confidence to acquire the preferred help under the treaty.

I would likewise note that, unlike a number of other mutual legal aid treaties covering overseas areas of the United Kingdom, which have actually been wrapped up by the United Kingdom on their behalf, this treaty was ended straight with the Federal government of Bermuda. Prior to trademark, the United States obtained from the United Kingdom a copy of its entrustment letter to Bermuda, providing Bermuda authority to sign as well as wrap up the treaty.

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We recognize that Bermuda has actually completed the interior legal demands for access into force of this treaty. It is, as a result, essential that the United States be in a setting to bring this treaty right into force immediately. We can after that gain from the lots of devices it supplies to boost our law enforcement teamwork with Bermuda.

Thank you. Mr. Chairman, Senator Lee, thank you for the opportunity to indicate prior to the Foreign Relations Committee as the management seeks recommendations and also permission of the Senate to passage of the United States-Rwanda Bilateral Financial Investment Treaty. Foreign investment is an important source of financial development in the United States and also around the globe.

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Assistant of State Clinton, in her statements at the OECD on Might 26, described an important international agreement about development, that "while help is vital, help alone is inadequate; that to assist people reach their full capacity, we need to also promote lasting and inclusive economic development." We wish to utilize the full variety of tools at our disposal to advertise these goals, such as promoting business social obligation through the OECD standards for international enterprises, international efforts to fight bribery of foreign public officials, and tools such as reciprocal financial investment arrangements to advertise improved financial investment environments.

And also it would certainly safeguard the rights of the United States financiers in Rwanda. The administration many thanks the committee for its factor to consider of the treaty, and we prompt you to report it positively to the full Senate for activity. I would certainly be pleased to address any questions that you may have. [The prepared statement of Ms.

Mc, Carthy Mr. Chairman, thanks for the chance to affirm prior to the Foreign Relations Committee as the management inquires and also authorization of the Senate to approval of the United States-Rwanda Bilateral Investment Treaty (BIT). financial investment as well as advancement goals Foreign financial investment is an important resource of economic growth in the United States as well as around the globe.

Foreign financial investment is additionally a system for U.S. exports. Over one-fifth of U.S. products exports were shipped to foreign subsidiaries of UNITED STATE firms in 2008 (most recent data readily available). About 27 percent of all U.S. exports are stemmed from foreign straight investment either in the United States or abroad. Foreign companies bought the United States use over 5.

Foreign investment can also be a powerful device for financial growth abroad. Abroad development aid, while beneficial and also vital, can not match the power, speed, and effect of private capital-- a necessary variable for nations to relocate ahead economically. As Secretary of State Clinton has actually stated, we believe that financial investment and profession are effective tools to spread out development as well as chance deep within societies.



financial investment has the potential to change Rwanda's financial landscape and play a considerable function in helping the Rwandan Government's efforts to end up being a local economic center. The LITTLE BIT with Rwanda, as soon as effective, would certainly strengthen the Rwandan Government's initiatives to additional reform its economic situation and advertise a strong business environment.

It will also shield the civil liberties of U.S. financiers in Rwanda. The Department of State and the Workplace of the UNITED STATE Trade Agent coled the arrangement of this treaty, with the participation of the Departments of Business, the Treasury, and also other UNITED STATE Government firms. The treaty, which was joined February 19, 2008, has a set of core capitalist protections, that include: National therapy and also most-favored-nation treatment for the full life cycle of investment, consisting of in the facility, procurement, operation, administration, and also ultimate disposition of an investment; The free transfer of investment-related funds; Prompt, adequate, as well as efficient compensation in the occasion of an expropriation; A minimum criterion of therapy based in traditional international law; Flexibility of financial investment from specified performance requirements; Restrictions on nationality-based restrictions for the hiring of senior managers; and also Stipulations on openness in magazine of investment- associated legislations, guidelines, as well as other procedures, as well as the opportunity, to the degree feasible, for interested parties to discuss such recommended actions.

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Under the design, each event may take limited exemptions to the core responsibilities connected to nationwide therapy, most-favored-nation treatment, efficiency demands, and senior monitoring and also boards of directors. In this area, Rwanda has taken only a couple of, slim exemptions; the treaty therefore sends out an effective signal about Rwanda's visibility to foreign investment.

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