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Published Oct 21, 21
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I want to give you all a break for a moment and also transform to Mr. Swartz. Generally, we would have had two panels, however we really did not understand just how the Senate would be operating today, so in an initiative to make sure we got with all the treaties today, we did this as one panel.

Swartz, you mention in your testament and your statements that the treaty with Bermuda also pierces bank privacy and supplies a device for us getting the info we require. There have been some common lawful aid treaties that include arrangements related straight to sharing financial institution documents or other economic details.

That was an arrangement that was drafted and also taken on in the context of the E.U.

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Under that provision, stipulation's possible for feasible requesting party asking for seek information as info whether an account exists in the requested countryAsked for nation in the case of the E.U., one of the requested member states. Thereafter, the request, if there is a recognition of an account, need to be followed up via a typical mutual lawful help treaty.

And with regard to Bermuda, our document of cooperation has been really great. Our company believe that the document we have on the manufacturing of documents, including financial institution documents, is such that we are positive that the provisions included in this common legal support treaty, which do require cooperation on the manufacturing of documents, will suffice to make sure that we get the documents we require for our financial investigations and also other examinations.

A few other MLATs likewise enable immediate, non-written form requests to be made. It's my understanding that in Bermuda, it should remain in written form. Any type of reason why that stipulation was not included in this agreement? Mr. Swartz. Mr. Chairman, while it holds true that the Common Lawful Assistance Treaty does require demands in written form, it was the judgment of the negotiators that it sufficed that, in this situation, with regard to Bermuda, we would certainly be able to obtain expeditious responses to our requests as well as additionally offer such responses to Bermuda's requests, particularly since we have a practice already established that will proceed, we believe, under the treaty of being able to convey those demands via email or with fax.

Legislator Cardin. Mr. Johnson. Mr. Johnson.

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Bermuda resisted that since they wished to make certain that the demands were clear as well as in a more official means. In the negotiations, it also became clear that they approved that such demand might be made by fax or by email. The actual problem they were worried about was not finding a fast ways to make a request, but truly simply taking dental demands off the table.

We're positive that we have actually got the methods in place that we can make urgent requests of them in a means that will be reliable. Mr. Swartz. Mr. Chairman, if I could include, as a matter of fact, while it is an advantage to be able to make dental demands, in technique, it's very rare that we do so.

Senator Cardin. Mr. Johnson, do have any type of remarks on the bank documents concern? Mr. Johnson.

The difference in between being able to do an oral request or being able to make use of one of these other really quick means, we believe, is not consequential. Senator Cardin. There've been some concerns raised concerning the adequacy of Bermuda law relative to forfeitures of profits and also instrumentalities of criminal offenses.

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Swartz. Mr. Chairman, we are. Certainly, the development of forfeit legislation is a crucial and progressive matter. We've seen a number of modifications over the program of the years, including right here in the United States. The Shared Lawful Support Treaty in Short article 17 does obligate Bermuda to give assistance to the United States in procedures connecting to forfeiture of earnings and agencies of crime, to the degree allowed by the regulation of Bermuda.

We've had two instances of successful demands for restriction and forfeit of possessions. Both circumstances were a success as well as we were able to get the funds. As a basic matter, help is offered under the legislations of Bermuda, and I do believe that is necessary to stress and anxiety, with respect to cold, confiscating, and restraining possessions, consisting of for issues associating to terrorism and terrorism financing.

But it needs to be noted that loss assistance is not limited to what is permitted under Bermuda's residential regulation. When it come to an U.S. order, Bermuda can not surrender a particular instrumentality of nondrug offenses, since that power does not exist domestically. However once again, that's restricted to agencies in nondrug crime instances.

Senator Cardin. Thanks. Let me simply ask the general question, as well as any kind of one of you can react to it. In the Bermuda arrangement, there's an arrangement that is not unfamiliar to us, where Bermuda can refute teamwork in capital cases. We recognize, I understand that, so I'm not being important of that stipulation being consisted of therein.

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Are we hindered as an outcome of that or is there a way in which we are able to comply under this treaty, even in those cases? Mr. Chairman, we think as well as we wish we still would be able to coordinate.

In truth, we have that experience with various other nations that have actually placed similar analyses on the common lawful help duties, and we have actually been able to work out arrangements in a number of situations that enable us to get proof or discuss whether the proof is substantial sufficient to go ahead with some sort of additional actions being taken.

Mr. Johnson. Mr. Johnson. Yes, Legislator, if I can simply contribute to that, among the factors this treaty took as lengthy it did to discuss and also end is because it was necessary to us to ensure that there had not been a specific restriction on support in funding instances in the treaty itself.

Swartz associated to you. And that method we believe that assists maintain the principle that is essential to us, that such cooperation ought to be available, irrespective of the sort of situation. And also we believe this has also substantiated with a few other countries, where despite having similar concerns regarding participation in capital instances, they have, for example, been able to supply help to the nonpenalty phase of a trial or one more celebration examination.

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Legislator Cardin. They do hold the right under this treaty to deny cooperation where the United States criminal justice system is seeking resources penalty? Mr. Johnson. Legislator, they hold the right under the treaty to not supply support if contrast public law or their necessary rate of interests, and also they have actually told us that they interpret that to permit them, in capital punishment cases, to work out that.

I simply desired to make it clear that they would not be an offense of the treaty. We understand their interpretation, that if there was a situation pending right here that we required their assistance, where, clearly, the prosecutors were seeking the death charge, Bermuda can make a decision not to cooperate under this treaty.

Swartz. If I can say, Mr. Chairman, importantly, the treaty would need, because this would certainly be a denial under Post 3 of the treaty, that first there had to be consultations with the United States, prior to that denial can move forward. And also I think that's an essential aspect of the arrangement that Mr.

As opposed to having a specific arrangement, this is one of a collection of problems under which help might be refuted after assessment, and also, to name a few things, that there have to be consideration as to whether support can be given, based on such problems as the asked for country deems essential. And also our experience because regard has actually been that we usually can discover appropriate guarantees to permit proof to be generated, a minimum of for initial evaluation of the value of proof in the case generally.

And I believe that would certainly be helpful for us to have that info in this board. Mr. Swartz. Thank you. foreign tax credit. We 'd rejoice to provide that. Senator Cardin. Ms. Mc, Carthy, you have the easiest job here, considering that this contract was formerly authorized by this board. As I stated in my opening, we approved it too late in the 111th Congress for action.

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Have there been any type of considerable modifications in our financial investment partnership with Rwanda given that last November when you offered testimony on this treaty? Ms. Mc, Carthy. Thanks, Mr. Chairman. What we have seen given that last November is an increase in United States investment in Rwanda, and also I can offer you a few instances.

Additionally, in February of this year, we have Hilton Hotels; it's is going to open up a significant resort in Kigali. And also, also, Marriott Hotels is going in to assist in the nation's expanding hospitality market. So I would certainly state that, provided this pattern of raised financial investment, that it is necessary that the securities be managed for them.

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financiers. Senator Cardin. I thank you for that (foreign tax credit). You likewise stated the truth that the United States is exploring other bilateral financial investment treaties in Africa. I think you stated another nation. I believe we have 5 current bilateral investment treaties in Africa. Can you just share with us various other nations that the United States has shown interest in working out treaties? Ms.

Legislator Cardin. Thanks. I've been told by the team that I should ask the concern of whether the management still sustains the Us senate passage of the Rwanda treaty, since it was held over from the last Congress. For the document? Ms. Mc, Carthy. We absolutely do. Senator Cardin.

I believe that finishes the examining. We might have some added inquiries for the document. As you understand, the document continues to be open for 24 hr, so you obtain a break. That's a rather quick turn-around time for this committee. I do value your persistence with the board and thank you really a lot for your statement today.

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

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As well as I assume that would certainly be helpful for us to have that details in this board. Ms. Mc, Carthy, you have the simplest job here, given that this agreement was previously authorized by this board. As I stated in my opening, we approved it too late in the 111th Congress for action.

Have there been any substantial modifications in our financial investment relationship with Rwanda because last November when you gave testimony on this treaty? What we have seen considering that last November is an increase in United States financial investment in Rwanda, and I can offer 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, likewise, Marriott Hotels is going in to promote the country's expanding hospitality sector. I would claim that, provided this pattern of raised investment, that it is essential that the defenses be afforded for them.

You likewise mentioned the reality that the United States is exploring various other bilateral investment treaties in Africa. I think we have five current bilateral financial investment treaties in Africa. Can you just share with us other countries that the United States has revealed passion in negotiating treaties?

I believe that completes the examining. We may have some added questions for the document. As you recognize, the document continues to be open for 1 day, so you obtain a break. That's a quite quick turnaround time for this board. I do appreciate your persistence with the board and also thank you really a lot for your testament today.

Answer. As laid out listed below, we want to supply updated info on reported UNITED STATE investment activity in Rwanda. Besides these updates, the responses offered by the Department's witness in the 111th Congress continue to be accurate. 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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