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Published Sep 23, 21
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I want to offer you all a break for a moment as well as transform to Mr. Swartz. Generally, we would have had 2 panels, but we really did not understand just how the Us senate would certainly be operating today, so in an effort to make sure we obtained through all the treaties today, we did this as one panel.

Swartz, you explain in your statement as well as your declarations that the treaty with Bermuda likewise pierces financial institution secrecy and supplies a device for us obtaining the info we need. There have actually been some common lawful support treaties which contain stipulations relevant directly to sharing financial institution records or other monetary info.

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

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Under that provision, it's possible for the requesting party asking for celebration information look for details whether an account exists in the requested country, or in the case of situation E.U., one of the requested member asked for. Thereafter, the request, if there is a recognition of an account, should be followed up with a typical shared legal aid treaty.

As well as when it come to Bermuda, our document of teamwork has actually been excellent. Our team believe that the document we have on the production of records, including financial institution documents, is such that we are positive that the stipulations consisted of in this mutual legal assistance treaty, which do call for teamwork on the production of documents, will certainly be sufficient to guarantee that we get the documents we require for our financial investigations and also various other investigations.

Some various other MLATs also permit urgent, non-written form demands to be made. It's my understanding that in Bermuda, it has to be in written form. Any kind of reason that that stipulation was not consisted of in this arrangement? Mr. Swartz. Mr. Chairman, while it holds true that the Common Lawful Support Treaty does call for requests in written type, it was the judgment of the negotiators that it was adequate that, in this situation, with regard to Bermuda, we would certainly be able to obtain quick reactions to our requests as well as also supply such responses to Bermuda's requests, particularly since we have a practice currently established that will proceed, our team believe, under the treaty of having the ability to convey those requests via email or via fax.

Senator Cardin. Was this, primarily, a decision made by U.S. arbitrators, that it was not required, knowing exactly how we can swiftly obtain faxes and also emails sent? Is that fair enough to state, or otherwise? Mr. Johnson. Legislator, if I can assist on that one? Legislator Cardin. Certain. Mr. Johnson.

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Bermuda withstood that due to the fact that they intended to make sure that the demands were clear and in a much more formal way. In the settlements, it additionally became clear that they accepted that such request could be made by fax or by e-mail. So the real issue they were worried about was not discovering a rapid methods to make a request, yet truly simply taking oral demands off the table.

So we're certain that we have actually got the means in place that we can make immediate requests of them in such a way that will certainly be reliable. Mr. Swartz. Mr. Chairman, if I may include, as a matter of fact, while it is an advantage to be able to make oral requests, in practice, it's extremely unusual that we do so.

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

The difference between being able to do a dental demand or being able to use one of these various other extremely rapid methods, we believe, is not substantial. Legislator Cardin. There have actually been some concerns increased concerning the adequacy of Bermuda legislation relative to loss of profits and agencies of criminal offenses.

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Mr. Chairman, we are. The Mutual Legal Support Treaty in Write-up 17 does obligate Bermuda to offer aid to the United States in proceedings relating to loss of earnings as well as agencies of crime, to the degree permitted by the regulation of Bermuda.

We have actually had two instances of successful ask for restraint and forfeiture of possessions. Both circumstances were a success and we were able to obtain the funds. As a general matter, assistance is readily available under the regulations of Bermuda, as well as I do assume that's vital to tension, with respect to freezing, seizing, as well as limiting properties, consisting of for issues relating to terrorism and terrorism financing.

However it must be noted that forfeiture assistance is not restricted to what is allowed under Bermuda's domestic regulation. With regard to a UNITED STATE order, Bermuda can not surrender a specific instrumentality of nondrug offenses, because that power doesn't exist locally. Again, that's restricted to agencies in nondrug crime instances.

Senator Cardin. In the Bermuda contract, there's a provision that is not unknown to us, where Bermuda can deny collaboration in funding cases.

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Are we prevented as an outcome of that or is there a method which we are able to work together under this treaty, even in those cases? Mr. Swartz. Mr. Chairman, our team believe and also we hope we still would be able to comply. Bermuda indicated, and has actually suggested the United States, that it books the right to deny assistance in resources situations where the sentence includes a feasible fatality fine, depending on the-- unlike the vital public law arrangement of Article 3 of the convention.

Actually, we have that experience with various other countries that have actually placed similar analyses on the mutual lawful support obligations, as well as we have actually been able to exercise plans in a variety of cases that permit us to get evidence or talk about whether the evidence is substantial sufficient to move forward with some type of additional steps being taken.

Mr. Johnson. Mr. Johnson. Yes, Senator, if I might just include to that, one of the factors this treaty took as long it did to bargain and wrap up is because it was necessary to us to make certain that there wasn't an express constraint on help in capital cases in the treaty itself.

Swartz pertaining to you. Which way we assume that assists maintain the concept that is very important to us, that such cooperation ought to be available, irrespective of the kind of instance. And we think this has actually additionally substantiated with a few other countries, where despite comparable issues regarding participation in resources situations, they have, for instance, been able to give assistance to the nonpenalty stage of a test or another party examination.

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They do hold the right under this treaty to refute collaboration where the United States criminal justice system is seeking capital penalty? Legislator, they hold the right under the treaty to not offer aid in situations that are contrary to public plan or their important rate of interests, and also they have informed us that they translate that to permit them, in death fine cases, to exercise that.

I just desired to make it clear that they would certainly not be an offense of the treaty. We comprehend their analysis, that if there was a case pending here that we required their help, where, plainly, the district attorneys were looking for the fatality charge, Bermuda could make a decision not to work together under this treaty.

Swartz. If I could say, Mr. Chairman, notably, the treaty would certainly need, since this would certainly be a rejection under Short article 3 of the treaty, that initially there had to be consultations with the United States, prior to that rejection might go onward. And I believe that's a vital element of the negotiation that Mr.

Instead of having a specific arrangement, this is among a collection of conditions under which assistance might be refuted after appointment, and also, to name a few points, that there should be factor to consider as to whether support can be provided, subject to such problems as the requested country regards required. And our experience in that respect has actually been that we usually can find suitable assurances to enable proof to be created, at the very least for first analysis of the significance of evidence in the event on the whole.

And also I think that would be useful for us to have that information in this board. Mr. Swartz. Thanks. foreign tax credit. We 'd be delighted to supply that. Legislator Cardin. Ms. Mc, Carthy, you have the simplest job right here, because this contract was formerly authorized by this committee. As I claimed in my opening, we authorized it too late in the 111th Congress for action.

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Have there been any significant modifications in our investment connection with Rwanda given that last November when you gave testament on this treaty? Ms. Mc, Carthy. Thank you, Mr. Chairman. What we have seen considering that last November is a boost in United States investment in Rwanda, as well as I can give you a few instances.

In February of this year, we have Hilton Hotels; it's is going to open up a significant hotel in Kigali. As well as, also, Marriott Hotels is entering to promote the country's expanding hospitality industry. So I would say that, offered this pattern of boosted financial investment, that it is very important that the protections be afforded 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 discovering various other reciprocal financial investment treaties in Africa. I believe you discussed one other country. I believe we have five present bilateral financial investment treaties in Africa. Can you simply show us various other countries that the United States has shown interest in discussing treaties? Ms.

Legislator Cardin. Thank you. I've been told by the staff that I ought to ask the question of whether the management still sustains the Us senate ratification of the Rwanda treaty, considering that it was held over from the last Congress. So, for the record? Ms. Mc, Carthy. We definitely do. Legislator Cardin.



I believe that finishes the questioning. We may have some additional inquiries for the document. As you recognize, the document continues to be open for 1 day, so you get a break. That's a quite quick turn-around time for this committee. Yet I do appreciate your persistence with the board and thank you very much for your testimony today.

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As set out below, we would such as to supply upgraded details on reported UNITED STATE investment activity in Rwanda. In 2009, the supply of UNITED STATE foreign straight financial investment in Rwanda was $1 million (according to the Bureau of Economic Analysis).

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And I believe that would be useful for us to have that info in this committee. Ms. Mc, Carthy, you have the easiest work right here, since this contract was previously authorized by this board. As I stated in my opening, we authorized it as well late in the 111th Congress for action.

Have there been any considerable adjustments in our investment connection with Rwanda because last November when you gave statement on this treaty? Ms. Mc, Carthy. Thank you, Mr. Chairman. What we have seen given that last November is a rise in United States financial investment in Rwanda, and I can offer you a couple of instances.

Additionally, in February of this year, we have Hilton Hotels; it's is mosting likely to open a significant resort in Kigali. And also, likewise, Marriott Hotels is going in to promote the nation's expanding hospitality industry. I would certainly say that, offered this pattern of increased investment, that it is vital that the defenses be afforded for them.

investors. Legislator Cardin (foreign tax credit). I thanks for that. You additionally pointed out the reality that the United States is discovering other bilateral financial investment treaties in Africa. I think you discussed one various other country. I think we have 5 present bilateral investment treaties in Africa. Can you just show us other countries that the United States has revealed interest in negotiating treaties? Ms.

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Senator Cardin. Thank you. I have actually been informed by the personnel that I must ask the question of whether the administration still supports the Senate passage of the Rwanda treaty, since it was held over from the last Congress. So, for the document? Ms. Mc, Carthy. We absolutely do. Senator Cardin.

I assume that finishes the questioning. We may have some additional concerns for the record. As you recognize, the record remains open for 24 hr, so you get a break. That's a pretty quick turn-around time for this board. But I do value your persistence with the committee and thank you really much for your testament today.

Answer. As set out below, we would love to offer updated information on reported U.S. investment task in Rwanda. Besides these updates, the responses offered by the Division's witness in the 111th Congress stay exact. In 2009, the stock of UNITED STATE foreign direct financial investment in Rwanda was $1 million (according to the Bureau of Economic Analysis).

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