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Published Oct 16, 21
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Well, thanks extremely much. I wish to offer you all a break for a minute and turn to Mr. Swartz. You've been really patient, the 3 of you. I appreciate that quite. Usually, we would certainly have had 2 panels, but we really did not recognize how the Senate would certainly be operating today, so in an initiative to see to it we got through all the treaties today, we did this as one panel.

Swartz, you mention in your testament and also your declarations that the treaty with Bermuda additionally pierces financial institution secrecy and also provides a system for us getting the information we require. There have been some common lawful assistance treaties that contain stipulations associated directly to sharing bank records or various other financial info.

Swartz. Thank you, Mr. Chairman. With regard to that certain problem, the committee might be referring to the relatively new provision that appears, for instance, in our E.U.-U.S. Mutual Legal Help Treaty, the identification of financial institution documents arrangement. That was a stipulation that was composed and embraced in the context of the E.U.

Under that arrangement, it's possible for the asking for celebration to inquire as to whether an account exists in the requested country, or in the case of the E.U., among the asked for member states. Yet, after that, the request, if there is an identification of an account, must be followed up via a conventional common lawful help treaty.

As well as with respect to Bermuda, our record of cooperation has actually been extremely great. Our company believe that the document we carry the manufacturing of documents, consisting of financial institution records, is such that we are positive that the provisions consisted of in this common legal aid treaty, which do require collaboration on the manufacturing of records, will certainly be adequate to make certain that we obtain the documents we require for our financial investigations as well as various other examinations.

Some other MLATs also enable for immediate, non-written type demands to be made. It's my understanding that in Bermuda, it should remain in written form. Any type of reason that arrangement was not consisted of in this arrangement? Mr. Swartz. Mr. Chairman, while it is real that the Common Legal Aid Treaty does require demands in written type, it was the judgment of the negotiators that it sufficed that, in this situation, with respect to Bermuda, we would be able to obtain prompt actions to our demands as well as also give such reactions to Bermuda's requests, specifically due to the fact that we have a method already established that will certainly proceed, our team believe, under the treaty of being able to share those demands with e-mail or through fax.

Senator Cardin. Mr. Johnson. Mr. Johnson.

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Bermuda withstood that because they wanted to make sure that the demands were clear as well as in an extra formal means. But in the settlements, it likewise came to be clear that they accepted that such demand can be made by fax or by email. The real concern they were concerned about was not finding a fast methods to make a demand, yet really simply taking dental demands off the table.

So we're certain that we've obtained the means in position that we can make immediate requests of them in a manner that will certainly be reliable. Mr. Swartz. Mr. Chairman, if I could include, actually, while it is an advantage to be able to make oral demands, in technique, it's really rare that we do so.

Legislator Cardin. My major issue is just, in immediate issues, that it's not delayed. And also with modern interaction, it seems to me that can probably be managed. I'm much more concerned regarding bank documents. Mr. Johnson, do have any talk about the financial institution records issue? Mr. Johnson. Once again, not specifically on the bank issue.

The difference in between being able to do a dental request or being able to use one of these various other very quick methods, we assume, is not substantial. Legislator Cardin. There have actually been some issues increased about the competence of Bermuda regulation relative to forfeits of proceeds and instrumentalities of criminal offenses.

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Swartz. Mr. Chairman, we are. Certainly, the growth of loss legislation is a vital as well as progressive issue. We've seen a number of modifications over the program of the years, consisting of right here in the United States. Yet the Shared Legal Support Treaty in Write-up 17 does obligate Bermuda to offer support to the United States in procedures connecting to loss of profits as well as agencies of criminal offense, to the level permitted by the legislation of Bermuda.

We've had 2 instances of effective ask for restriction and also forfeit of assets. Both circumstances were a success and also we were able to acquire the funds. As a basic issue, assistance is available under the laws of Bermuda, as well as I do assume that is necessary to stress, with regard to freezing, taking, as well as restraining assets, consisting of for matters connecting to terrorism as well as terrorism financing.

It needs to be noted that forfeit support is not restricted to what is allowed under Bermuda's domestic law. With respect to a UNITED STATE order, Bermuda can not waive a certain instrumentality of nondrug offenses, since that power doesn't exist locally. However once again, that's restricted to instrumentalities in nondrug violation situations.

Senator Cardin. In the Bermuda contract, there's a stipulation that is not strange to us, where Bermuda can deny cooperation in funding cases.

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Are we hindered as an outcome of that or is there a method in which we are able to comply under this treaty, also in those cases? Mr. Swartz. Mr. Chairman, our company believe as well as we wish we still would be able to cooperate. Bermuda indicated, and has actually advised the United States, that it books the right to refute support in funding situations where the sentence consists of a possible execution, depending on the-- contrary to the essential public plan stipulation of Post 3 of the convention.

We have that experience with various other nations that have actually placed comparable interpretations on the common lawful aid obligations, as well as we've been able to work out plans in a number of situations that permit us to obtain evidence or talk about whether the proof is substantial sufficient to go ahead with some kind of further actions being taken.

Mr. Johnson. Mr. Johnson. Yes, Senator, if I can just contribute to that, among the reasons this treaty took as long it did to discuss and conclude is since it was essential to us to see to it that there had not been a specific limitation on assistance in capital situations in the treaty itself.

Swartz pertaining to you. Which method we think that aids maintain the principle that is essential to us, that such participation needs to be available, irrespective of the kind of instance. And we think this has likewise substantiated with a few other nations, where despite having similar concerns concerning participation in capital cases, they have, for instance, been able to provide help to the nonpenalty stage of a trial or another celebration examination.

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Senator Cardin. They do hold the right under this treaty to refute teamwork where the United States criminal justice system is looking for capital punishment? Mr. Johnson. Legislator, they hold the right under the treaty to not supply assistance if are in contrast to public policy or their necessary interests, and they have actually told us that they translate that to enable them, in capital punishment situations, to exercise that.

I simply wanted to make it clear that they would not be an infraction of the treaty. We recognize their interpretation, that if there was a situation pending right here that we needed their assistance, where, clearly, the prosecutors were seeking the fatality fine, Bermuda can choose not to cooperate under this treaty.

Swartz. If I could state, Mr. Chairman, importantly, the treaty would need, given that this would be a rejection under Article 3 of the treaty, that first there needed to be assessments with the United States, before that denial might go onward. And I believe that's a vital element of the settlement that Mr.

Rather than having an explicit provision, this is just one of a set of problems under which help might be rejected after assessment, and, to name a few points, that there must be consideration regarding whether assistance can be given, subject to such problems as the requested nation deems essential. And also our experience in that respect has been that we sometimes can find appropriate assurances to allow proof to be created, at the very least for preliminary analysis of the significance of evidence in the case generally.

And also I assume that would certainly be practical for us to have that information in this committee. Ms. Mc, Carthy, you have the easiest work here, considering that this arrangement was formerly approved by this committee. As I stated in my opening, we approved it as well late in the 111th Congress for action.

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

Likewise, in February of this year, we have Hilton Hotels; it's is mosting likely to open up a significant hotel in Kigali. And, additionally, Marriott Hotels is entering to assist in the country's growing hospitality sector. So I would state that, offered this pattern of increased investment, that it is very important that the securities be afforded for them.

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You additionally pointed out the reality that the United States is checking out various other reciprocal financial investment treaties in Africa. I believe we have five present bilateral financial investment treaties in Africa. Can you just share with us other countries that the United States has shown passion in bargaining treaties?

I assume that completes the examining. I do appreciate your patience with the committee and also thank you very much for your statement today.

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As set out listed below, we would like to offer updated details on reported U.S. investment task in Rwanda. 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 believe that would be practical for us to have that info in this board. Ms. Mc, Carthy, you have the simplest work right here, considering that this arrangement was previously authorized by this committee. As I said in my opening, we accepted it as well late in the 111th Congress for activity.

Have there been any type of considerable adjustments in our financial investment connection with Rwanda since last November when you provided testament on this treaty? What we have seen given that last November is a boost in United States financial investment in Rwanda, and also I can offer you a few examples.

Additionally, in February of this year, we have Hilton Hotels; it's is going to open up a major hotel in Kigali. As well as, additionally, Marriott Hotels is entering to help with the nation's expanding friendliness industry. So I would state that, given this pattern of enhanced investment, that it is essential that the defenses be afforded for them.

financiers. Legislator Cardin (foreign tax credit). I thank you for that. You also pointed out the reality that the United States is checking out various other reciprocal financial investment treaties in Africa. I think you mentioned one various other country. I think we have 5 current reciprocal investment treaties in Africa. Can you simply show us other countries that the United States has revealed interest in working out treaties? Ms.

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Legislator Cardin. Thanks. I've been told by the staff that I need to ask the question of whether the management still sustains the Senate adoption of the Rwanda treaty, because it was held over from the last Congress. So, for the record? Ms. Mc, Carthy. We absolutely do. Senator Cardin.

I assume that completes the questioning. We could have some extra questions for the document. As you recognize, the record remains open for 24 hr, so you get a break. That's a quite quick turn-around time for this committee. I do appreciate your persistence with the committee as well as thank you very a lot for your testament today.

Answer. As laid out listed below, we want to provide updated info on reported UNITED STATE financial investment task in Rwanda. Aside from these updates, the solutions 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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