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Published Sep 04, 21
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I want to provide you all a break for a moment and turn to Mr. Swartz. Usually, we would have had two panels, however we didn't know exactly how the Us senate would be operating today, so in an effort to make sure we obtained via all the treaties today, we did this as one panel.

Swartz, you aim out in your statement and also your statements that the treaty with Bermuda additionally pierces financial institution secrecy and provides a mechanism for us getting the details we need. There have actually been some mutual legal help treaties which contain arrangements associated straight to sharing financial institution documents or various other financial info.

That was a stipulation that was composed and embraced in the context of the E.U.

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Under that provision, it's possible for feasible requesting party to celebration information look for info whether an account exists in the requested countryAsked for or in the case of instance E.U., one of the requested member states. Afterwards, the request, if there is a recognition of an account, have to be followed up via a conventional shared lawful aid treaty.

As well as when it come to Bermuda, our record of collaboration has actually been extremely excellent. Our company believe that the record we carry the production of records, consisting of bank records, is such that we are positive that the arrangements consisted of in this shared legal assistance treaty, which do call for teamwork on the production of records, will certainly be sufficient to make certain that we obtain the documents we need for our financial examinations and various other investigations.

Some other MLATs likewise permit immediate, non-written form demands to be made. It's my understanding that in Bermuda, it should remain in written type. Any kind of factor why that arrangement was not included in this contract? Mr. Swartz. Mr. Chairman, while it is true that the Common Legal Assistance Treaty does call for demands in written type, it was the judgment of the mediators that it was enough that, in this case, with regard to Bermuda, we would have the ability to get quick responses to our requests and likewise supply such reactions to Bermuda's demands, especially due to the fact that we have a technique already established that will certainly continue, our company believe, under the treaty of being able to share those demands with e-mail or via fax.

Legislator Cardin. Mr. Johnson. Mr. Johnson.

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Bermuda withstood that since they desired to see to it that the requests were clear and also in a much more formal way. Yet in the arrangements, it additionally ended up being clear that they accepted that such request might be made by fax or by e-mail. So the actual problem they were worried concerning was not locating a rapid methods to make a request, yet truly simply taking dental requests off the table.

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

Legislator Cardin. My primary problem is just, in immediate matters, that it's not delayed. And with modern-day interaction, it appears to me that can most likely be dealt with. I'm much more concerned concerning financial institution documents. Mr. Johnson, do have any talk about the bank documents problem? Mr. Johnson. Once again, not especially on the bank concern.

The distinction between being able to do a dental demand or having the ability to utilize among these other really rapid ways, we believe, is not substantial. Senator Cardin. There have actually been some issues raised concerning the competence of Bermuda regulation with regard to forfeitures of proceeds and instrumentalities of criminal offenses.

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Swartz. Mr. Chairman, we are. Certainly, the development of loss law is a crucial and also progressive issue. We have actually seen a number of modifications throughout the years, including right here in the United States. The Common Lawful Assistance Treaty in Article 17 does obligate Bermuda to give support to the United States in proceedings associating to forfeit of profits as well as agencies of criminal offense, to the level allowed by the regulation of Bermuda.

We've had two examples of successful ask for restriction as well as loss of properties. Both instances were a success and also we were able to obtain the funds. As a basic issue, support is readily available under the laws of Bermuda, and also I do assume that is necessary to stress and anxiety, when it come to cold, taking, and restraining possessions, including for issues associating to terrorism as well as terrorism funding.

But it needs to be noted that loss assistance is not restricted to what is allowed under Bermuda's residential legislation. When it come to an U.S. order, Bermuda can not forfeit a specific instrumentality of nondrug offenses, because that power doesn't exist locally. Yet again, that's restricted to instrumentalities in nondrug crime instances.

Legislator Cardin. Thanks. Let me just ask the general inquiry, and also any kind of among you can reply to it. In the Bermuda arrangement, there's a stipulation that is not unknown to us, where Bermuda can refute collaboration in funding cases. We understand, I comprehend that, so I'm not being critical of that arrangement being included in there.

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Are we hindered as a result of that or is there a way in which we are able to coordinate under this treaty, also in those situations? Mr. Chairman, we think and also we wish we still would certainly be able to comply.

In truth, we have that experience with various other countries that have actually put comparable interpretations on the common lawful aid duties, as well as we have actually had the ability to exercise setups in a variety of instances that allow us to get proof or talk about whether the evidence is significant sufficient to move forward with some kind of additional steps being taken.

Mr. Johnson. Mr. Johnson. Yes, Senator, if I might simply include to that, among the factors this treaty took as lengthy it did to bargain and conclude is since it was very important to us to make certain that there wasn't an express constraint on help in resources instances in the treaty itself.

Swartz pertaining to you. Which way we assume that aids keep the concept that's essential to us, that such teamwork needs to be available, irrespective of the kind of case. And also we believe this has additionally substantiated with some various other countries, where despite having comparable worries concerning teamwork in funding instances, they have, as an example, been able to offer support to the nonpenalty phase of a test or one more 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 resources penalty? Legislator, they hold the right under the treaty to not supply help in cases that are in contrast to public plan or their essential interests, and also they have actually informed us that they translate that to permit them, in death penalty instances, to work out that.

I simply desired to make it clear that they would not be a violation of the treaty. We recognize their interpretation, that if there was a case pending here that we required their aid, where, clearly, the prosecutors were looking for the death charge, Bermuda might choose not to work together under this treaty.

If I could claim, Mr. Chairman, importantly, the treaty would certainly require, considering that this would be a rejection under Short article 3 of the treaty, that first there had to be examinations with the United States, prior to that denial could go forward. And also I think that's an essential aspect of the settlement that Mr.

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Rather than having an explicit provisionSpecific arrangement is one of a set of conditions under which assistance may support denied after consultation, and, and also other thingsVarious other that there must be need to as to whether assistance can support given, subject to such conditions as problems requested country asked for necessaryConsiders

And also I believe that would certainly be helpful for us to have that info in this board. Ms. Mc, Carthy, you have the most convenient job right here, considering that this contract was previously accepted 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 type of significant adjustments in our financial investment partnership with Rwanda because last November when you offered testimony on this treaty? What we have seen considering that last November is a rise in United States investment in Rwanda, and I can offer you a few instances.

Additionally, in February of this year, we have Hilton Hotels; it's is mosting likely to open a significant hotel in Kigali. As well as, additionally, Marriott Hotels is entering to assist in the country's growing friendliness market. So I would say that, given this pattern of raised investment, that it is very important that the securities be managed for them.

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capitalists. Senator Cardin. I thank you for that (foreign tax credit). You additionally stated the reality that the United States is exploring various other bilateral investment treaties in Africa. I believe you stated one other nation. I believe we have five existing bilateral financial investment treaties in Africa. Can you simply show us other countries that the United States has shown passion in bargaining treaties? Ms.

Senator Cardin. Thank you. I have actually been informed by the staff that I need to ask the inquiry of whether the management still sustains the Senate passage of the Rwanda treaty, because it was held over from the last Congress. For the document? Ms. Mc, Carthy. We definitely do. Senator Cardin.



I believe that completes the examining. We may have some extra questions for the record. As you know, the record remains open for 24 hours, so you obtain a break. That's a rather rapid turnaround time for this committee. But I do value your persistence with the committee and also thanks very much for your testament today.

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As set out listed below, we would like to offer updated information on reported U.S. investment activity in Rwanda. 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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As well as I believe that would be useful for us to have that information in this board. Mr. Swartz. Thank you. We 'd be pleased to provide that. Legislator Cardin. Ms. Mc, Carthy, you have the simplest work right here, given that this agreement was previously authorized by this committee. As I claimed in my opening, we authorized it as well late in the 111th Congress for activity.

Have there been any considerable changes in our financial investment partnership with Rwanda considering that last November when you provided 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 I can give you a few examples.

Likewise, in February of this year, we have Hilton Hotels; it's is going to open a significant resort in Kigali. And also, additionally, Marriott Hotels is going in to facilitate the country's growing hospitality market. I would state that, given this pattern of enhanced investment, that it is crucial that the securities be afforded for them.

investors. Senator Cardin (foreign tax credit). I thanks for that. You likewise stated the truth that the United States is exploring various other reciprocal investment treaties in Africa. I think you mentioned one other nation. I think we have 5 present bilateral financial investment treaties in Africa. Can you just share with us other countries that the United States has revealed interest in negotiating treaties? Ms.

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Legislator Cardin. Thank you. I have actually been told by the team that I ought to ask the concern of whether the administration still sustains the Us senate passage of the Rwanda treaty, considering that it was held over from the last Congress. For the document? Ms. Mc, Carthy. We certainly do. Senator Cardin.

I assume that completes the questioning. We may have some extra inquiries for the document. As you understand, the record remains open for 24 hrs, so you get a break. That's a rather rapid turnaround time for this board. However I do appreciate your patience with the board as well as thanks quite for your testimony today.

Answer. As laid out below, we would love to supply upgraded details on reported U.S. investment activity in Rwanda. Other than these updates, the responses provided by the Department's witness in the 111th Congress continue to be exact. In 2009, the stock of UNITED STATE foreign straight financial investment in Rwanda was $1 million (according to the Bureau of Economic Evaluation).

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