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Published Oct 25, 21
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Well, thank you really much. I intend to give you all a break for a minute and also resort to Mr. Swartz. You have actually been very patient, the 3 of you. I appreciate that quite. Usually, we would certainly have had two panels, however we really did not recognize just how the Us senate would certainly be running today, so in an effort to make certain we survived all the treaties today, we did this as one panel.

Swartz, you explain in your testament and your statements that the treaty with Bermuda additionally punctures financial institution privacy and also gives a system for us obtaining the information we require. There have actually been some shared lawful aid treaties that have arrangements relevant straight to sharing financial institution records or other monetary details.

Swartz. Thank you, Mr. Chairman. With respect to that particular concern, the board might be referring to the relatively brand-new arrangement that appears, for example, in our E.U.-U.S. Mutual Legal Support Treaty, the identification of financial institution records stipulation. That was a provision that was composed and also taken on in the context of the E.U.

Under that stipulation, it's possible for the asking for celebration to inquire regarding whether an account exists in the requested country, or in the situation of the E.U., one of the asked for participant states. After that, the request, if there is an identification of an account, should be followed up with a typical common legal help treaty.

And also with regard to Bermuda, our document of teamwork has actually been great. Our team believe that the document we have on the production of records, including bank documents, is such that we are positive that the stipulations consisted of in this shared legal aid treaty, which do require participation on the production of documents, will certainly be sufficient to ensure that we get the documents we require for our monetary investigations and other examinations.

Some various other MLATs likewise enable for immediate, non-written kind demands to be made. Mr. Chairman, while it is real that the Mutual Lawful Aid Treaty does call for demands in written kind, it was the judgment of the mediators that it was enough that, in this case, with respect to Bermuda, we would be able to obtain prompt feedbacks to our demands and additionally offer such responses to Bermuda's requests, especially because we have a method currently developed that will certainly proceed, we think, under the treaty of being able to share those demands through e-mail or via fax.

Senator Cardin. Mr. Johnson. Mr. Johnson.

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Bermuda resisted that since they intended to make certain that the requests were clear as well as in an extra formal way. Yet in the settlements, it likewise became clear that they accepted that such demand could be made by fax or by e-mail. So the actual problem they were worried about was not discovering a quick means to make a request, but actually simply taking oral demands off the table.

We're positive that we have actually obtained the ways in area that we can make urgent demands of them in a way that will certainly be effective. Mr. Swartz. Mr. Chairman, if I could add, in reality, while it is an advantage to be able to make dental demands, in method, it's very unusual that we do so.

Senator Cardin. My major problem is simply, in urgent issues, that it's not delayed. And with modern interaction, it seems to me that can possibly be dealt with. I'm extra concerned about financial institution documents. Mr. Johnson, do have any type of talk about the financial institution records problem? Mr. Johnson. Once more, not particularly on the bank problem.

The distinction in between having the ability to do a dental demand or being able to utilize among these other very rapid methods, we believe, is not substantial. Senator Cardin. There have actually been some issues elevated concerning the competence of Bermuda legislation with respect to forfeitures of profits and also agencies of criminal offenses.

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Mr. Chairman, we are. The Common Lawful Aid Treaty in Write-up 17 does obligate Bermuda to provide help to the United States in proceedings associating to loss of earnings and instrumentalities of criminal activity, to the extent allowed by the legislation of Bermuda.

We have actually had 2 examples of effective ask for restraint and also loss of properties. Both instances were a success and also we were able to get the funds. As a general issue, help is available under the legislations of Bermuda, and I do assume that is essential to tension, with respect to cold, confiscating, as well as limiting properties, consisting of for issues connecting to terrorism and also terrorism funding.

It must be kept in mind that forfeit assistance is not restricted to what is permitted under Bermuda's residential regulation. With regard to a UNITED STATE order, Bermuda can not waive a specific agency of nondrug offenses, since that power doesn't exist locally. Yet again, that's limited to agencies in nondrug infraction cases.

Senator Cardin. Thank you. Allow me simply ask the general concern, and any type of one of you can reply to it. In the Bermuda agreement, there's an arrangement that is not unfamiliar to us, where Bermuda can refute collaboration in capital instances. We recognize, I understand that, so I'm not being vital of that provision being included in there.

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Are we impeded as an outcome of that or is there a method in which we are able to coordinate under this treaty, even in those cases? Mr. Chairman, we think and also we hope we still would be able to coordinate.

Actually, we have that experience with other nations that have put similar interpretations on the common legal help obligations, and also we've been able to exercise arrangements in a number of cases that permit us to acquire proof or discuss whether the proof is substantial sufficient to go ahead with some sort of further actions being taken.

Mr. Johnson. Mr. Johnson. Yes, Senator, if I could simply include in that, among the factors this treaty took as long it did to bargain and also end is because it was essential to us to see to it that there wasn't an express limitation on help in funding instances in the treaty itself.

Swartz related to you. Which means we believe that aids maintain the principle that's important to us, that such cooperation needs to be offered, irrespective of the type of situation. And also we assume this has also borne out with some various other countries, where despite similar worries concerning participation in funding situations, they have, for instance, been able to give support to the nonpenalty stage of a trial or an additional celebration examination.

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Legislator Cardin. They do hold the right under this treaty to refute participation where the United States criminal justice system is seeking capital penalty? Mr. Johnson. Legislator, they hold the right under the treaty to not supply help in situations that contrast public law or their vital passions, as well as they have actually informed us that they analyze that to allow them, in execution situations, to exercise that.

I just wanted to make it clear that they would certainly not be a violation of the treaty. We comprehend their interpretation, that if there was a situation pending right here that we required their assistance, where, clearly, the prosecutors were looking for the fatality charge, Bermuda could make a decision not to coordinate under this treaty.

If I can claim, Mr. Chairman, significantly, the treaty would require, given that this would certainly be a denial under Article 3 of the treaty, that initially there had to be examinations with the United States, prior to that denial might go ahead. And also I assume that's an essential aspect of the settlement that Mr.

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Rather than having an explicit provision, arrangement is one of a set of conditions under which assistance may support might after consultation, examination, among other amongst, points there must be need to as to whether assistance can help given, offered to such conditions as the requested country deems nation.

As well as I believe that would certainly be handy for us to have that information in this committee. Mr. Swartz. Thank you. foreign tax credit. We would certainly rejoice to supply that. Senator Cardin. Ms. Mc, Carthy, you have the most convenient work below, considering that this arrangement was formerly accepted by this board. As I claimed in my opening, we approved it far too late in the 111th Congress for activity.

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Have there been any type of considerable changes in our financial investment relationship with Rwanda considering that last November when you gave testimony on this treaty? Ms. Mc, Carthy. Thanks, Mr. Chairman. What we have actually seen because last November is a boost in United States investment in Rwanda, as well as I can provide you a few instances.

In February of this year, we have Hilton Hotels; it's is going to open up a major hotel in Kigali. And also, additionally, Marriott Hotels is entering to help with the nation's growing friendliness sector. I would certainly claim that, provided this pattern of boosted financial investment, that it is essential that the securities be managed for them.

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investors. Senator Cardin. I thank you for that (foreign tax credit). You additionally discussed the reality that the United States is discovering other reciprocal investment treaties in Africa. I believe you pointed out one various other nation. I think we have 5 present reciprocal financial investment treaties in Africa. Can you simply show to us other countries that the United States has shown passion in negotiating treaties? Ms.

Senator Cardin. Thanks. I have actually been told by the personnel that I ought to ask the inquiry of whether the management still sustains the Senate passage of the Rwanda treaty, since it was held over from the last Congress. So, for the document? Ms. Mc, Carthy. We certainly do. Legislator Cardin.



I believe that completes the questioning. I do appreciate your patience with the committee and also thank you really a lot for your statement today.

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As established out below, we would like to give updated info on reported U.S. investment task in Rwanda. In 2009, the stock of U.S. foreign straight financial investment in Rwanda was $1 million (according to the Bureau of Economic Evaluation).

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As well as I believe that would be useful for us to have that details in this committee. Ms. Mc, Carthy, you have the easiest task below, given that this arrangement was formerly approved by this board. As I claimed in my opening, we approved it also late in the 111th Congress for activity.

Have there been any type of considerable modifications in our investment relationship with Rwanda given that last November when you gave statement on this treaty? Ms. Mc, Carthy. Thanks, Mr. Chairman. What we have actually seen since last November is an increase in United States investment in Rwanda, and I can give you a few instances.

Likewise, in February of this year, we have Hilton Hotels; it's is mosting likely to open a major hotel in Kigali. And, also, Marriott Hotels is going in to promote the nation's growing hospitality sector. I would claim that, given this pattern of enhanced financial investment, that it is crucial that the protections be managed for them.

capitalists. Legislator Cardin (foreign tax credit). I thanks for that. You likewise stated the reality that the United States is discovering various other reciprocal financial investment treaties in Africa. I believe you pointed out one other country. I believe we have five current bilateral investment treaties in Africa. Can you just show to us various other countries that the United States has shown passion in negotiating treaties? Ms.

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Senator Cardin. Thanks. I have actually been informed by the staff that I ought to ask the inquiry of whether the administration still supports the Senate adoption of the Rwanda treaty, because it was held over from the last Congress. So, for the document? Ms. Mc, Carthy. We absolutely do. Legislator Cardin.

I believe that finishes the questioning. I do value your perseverance with the board and also thank you really much for your testament today.

Answer. As laid out listed below, we would love to offer upgraded details on reported UNITED STATE financial investment task in Rwanda. Apart from these updates, the responses offered by the Department's witness in the 111th Congress remain precise. In 2009, the supply of UNITED STATE foreign direct financial investment in Rwanda was $1 million (according to the Bureau of Economic Evaluation).

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