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Published Oct 17, 21
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Well, thank you very a lot. I want to offer you all a break for a moment and also count on Mr. Swartz. You have actually been extremely patient, the three of you. I appreciate that very much. Generally, we would certainly have had two panels, however we didn't recognize just how the Senate would be operating today, so in an effort to see to it we obtained with all the treaties today, we did this as one panel.

Swartz, you point out in your testimony and also your declarations that the treaty with Bermuda likewise punctures bank privacy and also provides a system for us obtaining the details we need. There have actually been some mutual legal support treaties that include provisions associated directly to sharing financial institution records or various other monetary details.

Swartz. Thanks, Mr. Chairman. When it come to that particular problem, the board may be describing the reasonably brand-new arrangement that shows up, for example, in our E.U.-U.S. Mutual Legal Support Treaty, the identification of financial institution documents provision. That was a stipulation that was drafted and also taken on in the context of the E.U.

Under that arrangement, it's feasible for the requesting event to seek details regarding whether an account exists in the requested nation, or when it comes to the E.U., one of the requested member states. Thereafter, the request, if there is an identification of an account, need to be adhered to up through a common mutual legal assistance treaty.

And with regard to Bermuda, our record of cooperation has actually been really great. We believe that the record we carry the manufacturing of documents, including bank documents, is such that we are certain that the arrangements consisted of in this mutual lawful support treaty, which do call for teamwork on the production of records, will be sufficient to make sure that we get the documents we require for our monetary investigations as well as other examinations.

Some other MLATs additionally permit for urgent, non-written form requests to be made. Mr. Chairman, while it is real that the Common Lawful Assistance Treaty does call for demands in written form, it was the judgment of the mediators that it was enough that, in this situation, with regard to Bermuda, we would be able to get expeditious reactions to our requests as well as also provide such feedbacks to Bermuda's requests, especially due to the fact that we have a method already established that will certainly proceed, we believe, under the treaty of being able to communicate those requests with email or via fax.

Senator Cardin. Mr. Johnson. Mr. Johnson.

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Bermuda stood up to that since they intended to make sure that the requests were clear as well as in an extra official means. In the arrangements, it additionally ended up being clear that they accepted that such request can be made by fax or by email. So the actual concern they were concerned concerning was not locating a fast ways to make a demand, but really simply taking dental demands off the table.

So we're confident that we have actually obtained the means in position that we can make immediate demands 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 dental demands, in practice, it's extremely rare that we do so.

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

The distinction in between being able to do a dental demand or being able to use among these various other very quick means, we think, is not consequential. Legislator Cardin. There have actually been some issues elevated regarding the competence of Bermuda legislation with respect to forfeits of proceeds and also agencies of criminal offenses.

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Swartz. Mr. Chairman, we are. Of training course, the advancement of forfeit regulation is a vital as well as dynamic issue. We have actually seen a number of changes over the program of the years, consisting of right here in the United States. However the Mutual Legal Aid Treaty in Article 17 does obligate Bermuda to offer aid to the United States in procedures associating with loss of profits and instrumentalities of criminal offense, to the degree permitted by the law of Bermuda.

We've had 2 instances of successful requests for restraint and also forfeit of possessions. Both circumstances were a success as well as we had the ability to obtain the funds. As a basic issue, assistance is readily available under the laws of Bermuda, as well as I do believe that is very important to anxiety, when it come to cold, taking, and limiting assets, consisting of for matters connecting to terrorism and terrorism funding.

However it should be noted that loss support is not limited to what is allowed under Bermuda's residential legislation. With respect to a UNITED STATE order, Bermuda can not forfeit a specific agency of nondrug offenses, since that power doesn't exist domestically. Again, that's restricted to agencies in nondrug infraction cases.

Legislator Cardin. Thanks. Allow me simply ask the general concern, and also any one of you can react to it. In the Bermuda contract, there's a provision that is not unfamiliar to us, where Bermuda can reject participation in funding situations. We recognize, I understand that, so I'm not being important of that arrangement being included therein.

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Are we impeded as a result of that or is there a method which we are able to coordinate under this treaty, even in those situations? Mr. Swartz. Mr. Chairman, we believe as well as we wish we still would certainly have the ability to coordinate. Bermuda showed, and has encouraged the United States, that it reserves the right to refute aid in resources instances where the sentence consists of a possible fatality penalty, relying upon the-- contrary to the important public law stipulation of Article 3 of the convention.

In reality, we have that experience with other nations that have put comparable analyses on the common lawful assistance duties, and we've had the ability to exercise plans in a number of situations that enable us to obtain evidence or review whether the evidence is substantial sufficient to go onward with some sort of further steps being taken.

Mr. Johnson. Mr. Johnson. Yes, Legislator, if I could simply include to that, among the reasons this treaty took as long it did to work out and end is since it was essential to us to see to it that there wasn't an express restriction on assistance in resources instances in the treaty itself.

Swartz pertaining to you. Which method we assume that assists maintain the concept that is very important to us, that such collaboration should be available, irrespective of the kind of case. As well as we believe this has also substantiated with a few other countries, where despite having similar issues regarding collaboration in resources instances, they have, as an example, had the ability to give aid to the nonpenalty stage of a test or another event investigation.

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They do hold the right under this treaty to refute participation where the United States criminal justice system is looking for capital penalty? Legislator, they hold the right under the treaty to not provide support in situations that are in contrast to public plan or their vital passions, and they have actually informed us that they interpret that to allow them, in death penalty instances, to work out that.

Senator Cardin. I recognize that. I simply wished to make it clear that they would not be an infraction of the treaty. We understand their analysis, that if there was a situation pending here that we needed their aid, where, plainly, the district attorneys were looking for the death sentence, Bermuda can decide not to work together under this treaty (foreign tax credit).

Swartz. If I can state, Mr. Chairman, significantly, the treaty would call for, given that this would be a denial under Post 3 of the treaty, that initially there needed to be appointments with the United States, prior to that rejection could move forward. As well as I assume that's a vital element of the negotiation that Mr.

As opposed to having a specific stipulation, this is among a set of problems under which aid may be denied after examination, and also, to name a few points, that there need to be consideration regarding whether aid can be offered, based on such problems as the asked for nation deems required. As well as our experience in that respect has actually been that we oftentimes can discover ideal guarantees to enable proof to be created, at least for preliminary assessment of the importance of evidence in case generally.

And I assume that would certainly be valuable for us to have that info in this committee. Ms. Mc, Carthy, you have the most convenient task below, considering that this arrangement was previously authorized by this board. As I said in my opening, we accepted it too late in the 111th Congress for activity.

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Have there been any substantial adjustments in our investment partnership with Rwanda considering that last November when you gave testament on this treaty? What we have actually seen since last November is a rise in United States financial investment in Rwanda, and I can offer you a few examples.

Likewise, in February of this year, we have Hilton Hotels; it's is going to open a major resort in Kigali. And, also, Marriott Hotels is going in to help with the country's expanding hospitality sector. So I would claim that, given this pattern of increased financial investment, that it is necessary that the securities be managed for them.

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You additionally stated the fact that the United States is discovering various other reciprocal investment treaties in Africa. I think we have 5 present reciprocal investment treaties in Africa. Can you just share with us other countries that the United States has revealed rate of interest in bargaining treaties?

I assume that completes the examining. We might have some extra questions for the document. As you know, the record continues to be open for 24-hour, so you obtain a break. That's a pretty fast turn-around time for this committee. I do appreciate your patience with the committee as well as thank you very a lot for your testimony today.

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As established out below, we would such as to provide upgraded info on reported U.S. financial 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 Analysis).

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And also I assume that would certainly be handy for us to have that information in this committee. Mr. Swartz. Thank you. We would certainly rejoice to provide that. Legislator Cardin. Ms. Mc, Carthy, you have the most convenient job below, since this agreement was previously accepted by this board. As I claimed in my opening, we authorized it far too late in the 111th Congress for activity.

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

Likewise, in February of this year, we have Hilton Hotels; it's is going to open a major hotel in Kigali. And, likewise, Marriott Hotels is entering to help with the country's expanding hospitality industry. I would state that, given this pattern of enhanced investment, that it is vital that the protections be afforded for them.

capitalists. Senator Cardin (foreign tax credit). I thanks for that. You also stated the truth that the United States is discovering other bilateral investment treaties in Africa. I think you discussed one other country. I assume we have 5 existing reciprocal financial investment treaties in Africa. Can you simply show us other countries that the United States has revealed passion in negotiating treaties? Ms.

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Senator Cardin. Thank you. I've been told by the personnel that I must ask the concern of whether the management still sustains the Senate adoption 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 believe that finishes the questioning. I do value your persistence with the committee and also thank you really a lot for your statement today.

As established out listed below, we would such as to give updated info on reported UNITED STATE investment task in Rwanda. In 2009, the stock of UNITED STATE foreign direct financial investment in Rwanda was $1 million (according to the Bureau of Economic Evaluation).

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