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Well, thank you quite. I intend to provide you all a break for a moment as well as resort to Mr. Swartz. You have actually been really patient, the 3 of you. I value that extremely much. Normally, we would have had two panels, yet we really did not understand exactly how the Senate would certainly be operating today, so in an effort to make certain we made it through all the treaties today, we did this as one panel.

Swartz, you point out in your testament and your declarations that the treaty with Bermuda also pierces financial institution secrecy and supplies a system for us obtaining the information we require. There have been some shared lawful aid treaties that consist of stipulations related directly to sharing financial institution records or other financial details.

That was a stipulation that was composed as well as adopted in the context of the E.U.

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Under that provision, stipulation's possible for the requesting party to event information as info whether an account exists in the requested country, or in the case of instance E.U., one of the requested member asked for. Afterwards, the request, if there is an identification of an account, must be adhered to up with a conventional shared lawful help treaty.

And with regard to Bermuda, our record of collaboration has actually been really excellent. Our company believe that the record we carry the production of records, including bank documents, is such that we are positive that the arrangements consisted of in this common legal support treaty, which do call for teamwork on the production of records, will be enough to guarantee that we get the documents we require for our financial examinations and also various other examinations.

Some various other MLATs likewise allow for immediate, non-written kind demands to be made. Mr. Chairman, while it is true that the Shared Lawful Assistance Treaty does need requests in written form, it was the judgment of the negotiators that it sufficed that, in this situation, with regard to Bermuda, we would be able to acquire quick responses to our requests as well as additionally provide such actions to Bermuda's requests, particularly because we have a method currently established that will continue, we believe, under the treaty of being able to communicate those demands through email or through fax.

Senator Cardin. Was this, primarily, a choice made by U.S. mediators, that it was not required, knowing just how we can quickly obtain faxes and also emails sent out? Is that reasonable enough to say, or otherwise? Mr. Johnson. Senator, if I can aid on that one? Legislator Cardin. Certain. Mr. Johnson.

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Bermuda withstood that because they wished to ensure that the requests were clear and in an extra official method. In the arrangements, it additionally became clear that they approved that such demand could be made by fax or by email. The genuine problem they were worried regarding was not finding a rapid ways to make a demand, yet truly just taking dental requests off the table.

We're certain that we have actually got the means in area that we can make immediate requests of them in a way that will certainly be reliable. Mr. Swartz. Mr. Chairman, if I could add, actually, while it is an advantage to be able to make dental requests, in technique, it's extremely rare that we do so.

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

The distinction in between being able to do a dental demand or being able to utilize among these various other extremely rapid methods, we think, is not substantial. Legislator Cardin. There have actually been some concerns raised concerning the adequacy of Bermuda legislation relative to loss of proceeds and agencies of criminal offenses.

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Mr. Chairman, we are. The Shared Legal Aid Treaty in Article 17 does obligate Bermuda to offer assistance to the United States in process connecting to forfeiture of earnings and agencies of criminal offense, to the level allowed by the regulation of Bermuda.

We've had 2 instances of successful ask for restraint and also loss of properties. Both instances were a success and we had the ability to acquire the funds. As a basic issue, aid is available under the legislations of Bermuda, and also I do believe that is necessary to stress and anxiety, when it come to freezing, confiscating, and restraining assets, including for issues relating to terrorism as well as terrorism funding.

It must be noted that forfeit assistance is not restricted to what is permitted under Bermuda's domestic legislation. With respect to a UNITED STATE order, Bermuda can not waive a details instrumentality of nondrug offenses, because that power does not exist domestically. But once again, that's restricted to agencies in nondrug violation instances.

Senator Cardin. Thanks. Allow me simply ask the general concern, and also any type of among you can react to it. In the Bermuda arrangement, there's an arrangement that is not strange to us, where Bermuda can refute collaboration in funding cases. We recognize, I understand that, so I'm not being critical of that arrangement being consisted of therein.

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Are we hindered as a result of that or is there a method in which we are able to coordinate under this treaty, even in those cases? Mr. Chairman, we believe and also we hope we still would certainly be able to cooperate.

We have that experience with other countries that have put comparable interpretations on the common lawful support obligations, as well as we have actually been able to work out setups in a number of situations that allow us to obtain proof or discuss whether the evidence is considerable enough to go forward with some kind of further steps being taken.

Mr. Johnson. Mr. Johnson. Yes, Legislator, if I can just include in that, one of the factors this treaty took as lengthy it did to negotiate and end is due to the fact that it was very important to us to make certain that there had not been a specific limitation on assistance in funding instances in the treaty itself.

Swartz pertaining to you. Which way we think that aids preserve the concept that is essential to us, that such cooperation should be offered, irrespective of the type of instance. And we believe this has actually also borne out with a few other nations, where despite having similar worries about participation in capital situations, they have, as an example, been able to provide assistance to the nonpenalty phase of a trial or an additional event investigation.

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They do hold the right under this treaty to deny teamwork where the United States criminal justice system is seeking resources punishment? Senator, they hold the right under the treaty to not supply aid in situations that are contrary to public policy or their important rate of interests, and they have informed us that they interpret that to permit them, in death penalty situations, to work out that.

Legislator Cardin. I comprehend that. I just desired to make it clear that they would certainly not be a violation of the treaty. We understand their analysis, that if there was an instance pending right here that we needed their help, where, clearly, the prosecutors were looking for the death sentence, Bermuda can choose not to cooperate under this treaty (foreign tax credit).

Swartz. If I can claim, Mr. Chairman, importantly, the treaty would call for, considering that this would be a rejection under Short article 3 of the treaty, that initially there needed to be assessments with the United States, prior to that rejection might go onward. And also I think that's an important facet of the arrangement that Mr.

As opposed to having an explicit provision, this is among a set of problems under which support might be denied after examination, and also, to name a few points, that there must be consideration regarding whether aid can be provided, subject to such conditions as the requested nation considers essential. And also our experience in that respect has actually been that we usually can locate ideal guarantees to allow proof to be generated, a minimum of for initial analysis of the importance of evidence in case generally.

And also I believe that would certainly be useful for us to have that information in this committee. Ms. Mc, Carthy, you have the most convenient work below, considering that this contract was previously approved by this committee. As I claimed in my opening, we approved it too late in the 111th Congress for action.

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Have there been any considerable modifications in our investment partnership with Rwanda considering that last November when you provided testimony 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 provide you a couple of instances.

Additionally, in February of this year, we have Hilton Hotels; it's is mosting likely to open a significant hotel in Kigali. And also, also, Marriott Hotels is entering to facilitate the nation's expanding hospitality sector. I would say that, given this pattern of raised financial investment, that it is vital that the securities be managed for them.

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financiers. Legislator Cardin. I thanks for that (foreign tax credit). You likewise discussed the reality that the United States is exploring various other reciprocal financial investment treaties in Africa. I think you stated one various other nation. I think we have 5 existing reciprocal financial investment treaties in Africa. Can you just show to us other countries that the United States has shown passion in negotiating treaties? Ms.

Legislator Cardin. Thank you. I have actually been informed by the personnel that I need to ask the inquiry of whether the management still supports the Us senate passage of the Rwanda treaty, because it was held over from the last Congress. For the record? Ms. Mc, Carthy. We certainly do. Senator Cardin.



I believe that finishes the questioning. I do value your perseverance with the board and thank you extremely much for your testimony today.

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Answer. As set out listed below, we would love to supply updated details on reported UNITED STATE investment activity in Rwanda. Aside from these updates, the responses provided by the Division's witness in the 111th Congress remain precise. In 2009, the stock of U.S. foreign direct investment in Rwanda was $1 million (according to the Bureau of Economic Analysis).

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As well as I assume that would certainly be useful for us to have that information in this committee. Ms. Mc, Carthy, you have the simplest work here, considering that this agreement was formerly approved by this committee. As I said in my opening, we authorized it as well late in the 111th Congress for action.

Have there been any substantial changes in our investment partnership with Rwanda given that last November when you offered statement on this treaty? Ms. Mc, Carthy. Thank you, Mr. Chairman. What we have seen since last November is an increase in United States investment in Rwanda, and also I can provide you a couple of examples.

Likewise, 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 going in to promote the nation's expanding friendliness industry. So I would claim that, provided this pattern of enhanced investment, that it is essential that the defenses be managed for them.

investors. Senator Cardin (foreign tax credit). I thank you for that. You additionally stated the reality that the United States is exploring other bilateral investment treaties in Africa. I believe you stated another nation. I assume we have five present reciprocal investment treaties in Africa. Can you just show to us other countries that the United States has revealed passion in working out treaties? Ms.

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Legislator Cardin. Thank you. I've been informed by the team that I ought to ask the concern of whether the administration still sustains the Senate passage of the Rwanda treaty, given that it was held over from the last Congress. So, for the record? Ms. Mc, Carthy. We certainly do. Senator Cardin.

I think that finishes the questioning. We may have some extra questions for the document. As you understand, the document remains open for 24-hour, so you get a break. That's a quite fast turnaround time for this committee. I do appreciate your perseverance with the committee as well as thank you really a lot for your testament today.

As established out below, we would such as to provide upgraded info on reported UNITED STATE investment activity in Rwanda. In 2009, the supply of U.S. foreign direct investment in Rwanda was $1 million (according to the Bureau of Economic Evaluation).

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