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Published Sep 22, 21
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Well, thank you significantly. I want to provide you all a break for a moment and look to Mr. Swartz. You have actually been very patient, the three of you. I appreciate that very much. Normally, we would have had 2 panels, yet we didn't recognize just how the Senate would certainly be operating today, so in an effort to see to it we survived all the treaties today, we did this as one panel.

Swartz, you aim out in your statement and also your statements that the treaty with Bermuda likewise pierces financial institution secrecy as well as provides a system for us obtaining the info we require. There have actually been some shared lawful help treaties that have provisions related straight to sharing bank records or other monetary details.

That was a stipulation that was prepared as well as taken on in the context of the E.U.

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Under that provision, arrangement's possible for feasible requesting party to celebration information look for to whether an account exists in the requested countryAsked for or in the case of the E.U., one of the requested member statesParticipant Afterwards, the demand, if there is an identification of an account, have to be complied with up via a basic common lawful assistance treaty.

And also with respect to Bermuda, our document of participation has actually been excellent. Our team believe that the document we have on the production of documents, consisting of bank records, is such that we are positive that the arrangements consisted of in this mutual legal support treaty, which do require collaboration on the manufacturing of records, will be sufficient to make sure that we obtain the documents we require for our monetary investigations as well as various other examinations.

Some various other MLATs also permit for urgent, non-written type demands to be made. It's my understanding that in Bermuda, it has to remain in written type. Any type of reason that that stipulation was not consisted of in this agreement? Mr. Swartz. Mr. Chairman, while it holds true that the Shared Legal Aid Treaty does require requests in written kind, it was the judgment of the negotiators that it sufficed that, in this case, with respect to Bermuda, we would be able to obtain prompt feedbacks to our demands as well as likewise supply such responses to Bermuda's demands, especially since we have a method currently developed that will certainly proceed, our team believe, under the treaty of being able to share those demands with e-mail or via fax.

Legislator Cardin. Was this, generally, a decision made by U.S. negotiators, that it was not necessary, knowing exactly how we can rapidly get faxes as well as emails sent? Is that reasonable sufficient to claim, or otherwise? Mr. Johnson. Legislator, if I can assist on that particular one? Legislator Cardin. Sure. Mr. Johnson.

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Bermuda withstood that because they intended to make sure that the demands were clear and also in a more formal way. But in the negotiations, it likewise came to be clear that they accepted that such request might be made by fax or by email. The actual problem they were worried concerning was not finding a fast means to make a request, but actually just taking dental demands off the table.

So we're positive that we have actually got the ways in location that we can make immediate demands of them in a manner that will work. Mr. Swartz. Mr. Chairman, if I could add, in reality, while it is a benefit to be able to make oral requests, in technique, it's really unusual that we do so.

Legislator Cardin. Mr. Johnson, do have any kind of comments on the financial institution documents concern? Mr. Johnson.

The distinction in between being able to do a dental demand or having the ability to make use of one of these various other very fast methods, we believe, is not substantial. Senator Cardin. There've been some issues elevated regarding the competence of Bermuda law with respect to forfeitures of earnings as well as agencies of criminal offenses.

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Swartz. Mr. Chairman, we are. Of program, the development of forfeit regulation is a vital and also progressive matter. We have actually seen a number of adjustments throughout the years, consisting of below in the United States. The Shared Legal Aid Treaty in Short article 17 does obligate Bermuda to give help to the United States in process connecting to forfeit of profits and also agencies of criminal activity, to the level allowed by the law of Bermuda.

We've had two instances of successful ask for restriction as well as forfeiture of assets. Both instances were a success and also we were able to obtain the funds. As a general issue, support is offered under the legislations of Bermuda, and also I do think that is necessary to stress, when it come to cold, seizing, as well as restraining possessions, including for issues connecting to terrorism and terrorism financing.

It ought to be noted that forfeit assistance is not limited to what is allowed under Bermuda's domestic legislation. When it come to a UNITED STATE order, Bermuda can not forfeit a details agency of nondrug offenses, since that power does not exist locally. Once again, that's restricted to instrumentalities in nondrug violation cases.

Legislator Cardin. Thank you. Allow me simply ask the general inquiry, as well as any type of one of you can respond to it. In the Bermuda arrangement, there's a provision that is not strange to us, where Bermuda can deny participation in funding instances. We understand, I comprehend that, so I'm not being vital of that arrangement being included therein.

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Are we impeded as an outcome of that or exists a method which we are able to comply under this treaty, also in those instances? Mr. Swartz. Mr. Chairman, our company believe as well as we hope we still would certainly be able to cooperate. Bermuda indicated, and also has actually advised the United States, that it books the right to deny aid in funding situations where the sentence consists of a possible death charge, relying upon the-- unlike the essential public plan stipulation of Article 3 of the convention.

We have that experience with other countries that have actually put similar analyses on the common legal support duties, as well as we have actually been able to function out plans in a number of situations that enable us to acquire evidence or review whether the evidence is considerable enough to go ahead with some kind of additional steps being taken.

Mr. Johnson. Mr. Johnson. Yes, Senator, if I can just contribute to that, one of the reasons this treaty took as long it did to discuss and also wrap up is since it was essential to us to make certain that there wasn't a specific limitation on help in funding cases in the treaty itself.

Swartz associated to you. Which means we believe that helps keep the principle that is essential to us, that such teamwork ought to be readily available, irrespective of the kind of instance. And we think this has likewise substantiated with a few other nations, where despite comparable worries about cooperation in capital cases, they have, for example, been able to supply aid to the nonpenalty stage of a trial or another party examination.

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Legislator Cardin. But they do hold the right under this treaty to reject cooperation where the United States criminal justice system is looking for death sentence? Mr. Johnson. Senator, they hold the right under the treaty to not offer assistance if contrast public policy or their important rate of interests, and they have actually told us that they interpret that to permit them, in death sentence instances, to work out that.

I simply desired to make it clear that they would certainly not be an offense of the treaty. We recognize their interpretation, that if there was a situation pending below that we needed their assistance, where, plainly, the prosecutors were looking for the death fine, Bermuda can make a decision not to comply under this treaty.

If I can say, Mr. Chairman, significantly, the treaty would call for, given that this would certainly be a rejection under Post 3 of the treaty, that first there had to be consultations with the United States, before that rejection might go ahead. And I assume that's an important element of the negotiation that Mr.

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Rather than having an explicit provisionSpecific arrangement is one of a set of conditions under problems assistance may aid might after refuted, examination, as well as other amongst, points there must be consideration as factor to consider whether assistance can support given, subject to such conditions as the requested country asked for necessaryConsiders

As well as I think that would certainly be practical for us to have that info in this committee. Ms. Mc, Carthy, you have the most convenient job here, given that this arrangement was previously approved by this committee. As I claimed in my opening, we authorized it as well late in the 111th Congress for activity.

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Have there been any type of considerable adjustments in our financial investment partnership with Rwanda given that last November when you offered statement on this treaty? What we have actually seen considering that last November is an increase in United States financial investment in Rwanda, and I can give you a couple of instances.

Likewise, in February of this year, we have Hilton Hotels; it's is mosting likely to open up a major resort in Kigali. As well as, also, Marriott Hotels is going in to facilitate the country's expanding hospitality industry. I would certainly state that, provided this pattern of boosted investment, that it is essential that the protections be afforded for them.

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financiers. Legislator Cardin. I thanks for that (foreign tax credit). You additionally pointed out the reality that the United States is exploring other reciprocal financial investment treaties in Africa. I think you pointed out one other country. 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 negotiating treaties? Ms.

Legislator Cardin. Thanks. I have actually been informed by the personnel that I need to ask the concern of whether the administration still supports the Senate ratification of the Rwanda treaty, because it was held over from the last Congress. So, for the document? Ms. Mc, Carthy. We absolutely do. Senator Cardin.



I think that completes the examining. I do appreciate your patience with the committee and thank you very much for your testimony today.

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Solution. As laid out below, we want to give updated info on reported U.S. investment activity in Rwanda. Aside from these updates, the responses provided by the Division's witness in the 111th Congress stay exact. 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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As well as I think that would be useful for us to have that information in this committee. Ms. Mc, Carthy, you have the most convenient task right here, considering that this arrangement was previously approved by this board. As I claimed in my opening, we accepted it as well late in the 111th Congress for action.

Have there been any significant modifications in our investment connection with Rwanda because last November when you gave testament on this treaty? What we have seen considering that last November is a boost in United States investment in Rwanda, and also I can give you a few examples.

In February of this year, we have Hilton Hotels; it's is going to open up a major hotel in Kigali. As well as, also, Marriott Hotels is entering to help with the country's expanding hospitality sector. So I would certainly say that, provided this pattern of increased financial investment, that it is essential that the defenses be managed for them.

capitalists. Senator Cardin (foreign tax credit). I thanks for that. You additionally mentioned the truth that the United States is exploring other bilateral investment treaties in Africa. I believe you pointed out another country. I assume we have 5 current reciprocal investment treaties in Africa. Can you just share with us other nations that the United States has revealed rate of interest in bargaining treaties? Ms.

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Senator Cardin. Thanks. I have actually been informed by the staff that I must ask the concern of whether the management still sustains the Senate adoption of the Rwanda treaty, considering that it was held over from the last Congress. For the record? Ms. Mc, Carthy. We absolutely do. Senator Cardin.

I assume that finishes the examining. We could have some added questions for the record. As you understand, the document continues to be open for 1 day, so you get a break. That's a quite rapid turnaround time for this committee. I do value your persistence with the board as well as thank you extremely a lot for your testimony today.

As established out below, we would like to offer upgraded info on reported UNITED STATE financial 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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