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Well, thanks significantly. I intend to provide you all a break for a moment and also rely on Mr. Swartz. You have actually been very patient, the 3 of you. I appreciate that quite. Typically, we would certainly have had two panels, but we really did not recognize just how the Us senate would certainly be running today, so in an effort to see to it we made it through all the treaties today, we did this as one panel.

Swartz, you explain in your statement and also your statements that the treaty with Bermuda likewise pierces bank privacy and offers a device for us obtaining the information we need. There have actually been some common lawful assistance treaties that have provisions associated directly to sharing financial institution records or various other economic info.

Swartz. Thank you, Mr. Chairman. When it come to that certain concern, the board may be describing the relatively new stipulation that appears, for example, in our E.U.-U.S. Mutual Legal Support Treaty, the identification of bank records arrangement. That was a stipulation that was prepared and also taken on in the context of the E.U.

Under that arrangement, it's feasible for the asking for event to inquire as to whether an account exists in the requested nation, or in the case of the E.U., among the requested member states. However, thereafter, the demand, if there is an identification of an account, need to be complied with up through a conventional mutual legal support treaty.

As well as with respect to Bermuda, our document of participation has been excellent. Our team believe that the record we have on the manufacturing of documents, consisting of bank documents, is such that we are confident that the arrangements consisted of in this shared legal support treaty, which do call for collaboration on the manufacturing of documents, will be sufficient to make certain that we get the documents we need for our economic examinations as well as other investigations.

A few other MLATs also enable urgent, non-written type demands to be made. It's my understanding that in Bermuda, it should remain in written kind. Any kind of reason that stipulation was not included in this contract? Mr. Swartz. Mr. Chairman, while it holds true that the Mutual Legal Help Treaty does need requests in written form, it was the judgment of the negotiators that it was sufficient that, in this case, when it come to Bermuda, we would have the ability to obtain prompt feedbacks to our requests and additionally give such feedbacks to Bermuda's demands, specifically since we have a technique already established that will continue, our company believe, under the treaty of having the ability to convey those demands through email or with fax.

Legislator Cardin. Mr. Johnson. Mr. Johnson.

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Bermuda stood up to that due to the fact that they wished to ensure that the demands were clear as well as in a more official means. Yet in the arrangements, it additionally ended up being clear that they accepted that such demand could be made by fax or by e-mail. The actual concern they were worried concerning was not locating a quick methods to make a demand, but actually simply taking oral requests off the table.

So we're positive that we have actually got the ways in position that we can make urgent demands of them in a way that will work. Mr. Swartz. Mr. Chairman, if I might add, in reality, while it is an advantage to be able to make oral demands, in method, it's extremely uncommon that we do so.

Legislator Cardin. My main problem is simply, in urgent issues, that it's not delayed. And with contemporary communication, it appears to me that can most likely be taken care of. I'm more concerned regarding bank records. Mr. Johnson, do have any type of talk about the financial institution documents concern? Mr. Johnson. Again, not specifically on the bank concern.

The distinction in between having the ability to do an oral request or being able to make use of one of these various other very fast means, we believe, is not substantial. Legislator Cardin. There have actually been some concerns raised concerning the competence of Bermuda regulation with respect to loss of profits and also agencies of criminal offenses.

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Swartz. Mr. Chairman, we are. Obviously, the advancement of loss law is an important and also dynamic issue. We've seen a number of modifications over the course of the years, consisting of here in the United States. The Common Lawful Support Treaty in Short article 17 does obligate Bermuda to provide help to the United States in procedures associating to forfeiture of profits and instrumentalities of criminal offense, to the level allowed by the regulation of Bermuda.

We've had 2 examples of effective ask for restriction and also loss of properties. Both circumstances were a success and we were able to obtain the funds. As a general issue, aid is readily available under the laws of Bermuda, and I do assume that's vital to anxiety, with regard to freezing, taking, and also limiting assets, including for issues associating with terrorism and also terrorism financing.

However it needs to be kept in mind that forfeit support is not limited to what is allowed under Bermuda's residential law. When it come to an U.S. order, Bermuda can not surrender a specific instrumentality of nondrug offenses, since that power does not exist locally. Again, that's limited to instrumentalities in nondrug offense cases.

Legislator Cardin. In the Bermuda arrangement, there's a stipulation that is not unfamiliar to us, where Bermuda can deny cooperation in resources instances.

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Are we impeded as an outcome of that or is there a method which we are able to coordinate under this treaty, even in those instances? Mr. Swartz. Mr. Chairman, our company believe as well as we hope we still would be able to coordinate. Bermuda showed, and has suggested the United States, that it schedules the right to reject assistance in resources cases where the sentence includes a feasible death sentence, relying upon the-- as opposed to the important public law provision of Short article 3 of the convention.

Actually, we have that experience with various other countries that have put similar analyses on the common legal support responsibilities, as well as we have actually been able to exercise plans in a variety of cases that allow us to acquire evidence or review whether the evidence is considerable enough to move forward with some type of additional steps being taken.

Mr. Johnson. Mr. Johnson. Yes, Senator, if I might simply contribute to that, one of the reasons this treaty took as long it did to bargain and also end is because it was very important to us to ensure that there wasn't a specific restriction on support in funding cases in the treaty itself.

Swartz related to you. As well as that method we believe that assists maintain the principle that's essential to us, that such participation needs to be readily available, irrespective of the kind of instance. As well as we assume this has actually also birthed out with some various other nations, where despite similar problems concerning teamwork in funding instances, they have, as an example, been able to offer help to the nonpenalty stage of a trial or another celebration investigation.

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They do hold the right under this treaty to refute collaboration where the United States criminal justice system is seeking funding punishment? Senator, they hold the right under the treaty to not supply assistance in instances that are contrary to public plan or their necessary passions, as well as they have informed us that they analyze that to permit them, in fatality charge instances, to work out that.

Legislator Cardin. I understand that. I just wished to make it clear that they would not be an offense of the treaty. We understand their interpretation, that if there was a case pending here that we required their assistance, where, plainly, the district attorneys were looking for the execution, Bermuda might make a decision not to work together under this treaty (foreign tax credit).

Swartz. If I can say, Mr. Chairman, importantly, the treaty would certainly call for, since this would certainly be a denial under Post 3 of the treaty, that initially there needed to be appointments with the United States, prior to that denial can go forward. And also I assume that's an important facet of the settlement that Mr.

Instead of having a specific stipulation, this is just one of a set of conditions under which aid might be denied after consultation, as well as, to name a few things, that there have to be factor to consider as to whether assistance can be given, based on such problems as the requested country regards required. As well as our experience because regard has actually been that we usually can discover appropriate guarantees to permit proof to be produced, at the very least for preliminary analysis of the relevance of proof in the case on the whole.

And also I think that would certainly be practical for us to have that info in this board. Mr. Swartz. Thanks. foreign tax credit. We 'd be glad to supply that. Senator Cardin. Ms. Mc, Carthy, you have the simplest task right here, since this arrangement was formerly accepted by this board. As I stated 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 financial investment relationship with Rwanda because last November when you gave testament on this treaty? What we have seen given that last November is an increase in United States investment in Rwanda, and also I can give you a couple of examples.

In February of this year, we have Hilton Hotels; it's is going to open up a significant resort in Kigali. And, additionally, Marriott Hotels is going in to help with the country's expanding hospitality market. So I would claim that, offered this pattern of raised financial investment, that it is important that the securities be afforded for them.

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capitalists. Senator Cardin. I thank you for that (foreign tax credit). You likewise stated the truth that the United States is checking out various other reciprocal financial investment treaties in Africa. I believe you discussed another nation. I assume we have five current reciprocal financial investment treaties in Africa. Can you just share with us various other countries that the United States has revealed interest in working out treaties? Ms.

Legislator Cardin. Thanks. I've been told by the staff that I ought to ask the concern of whether the administration still sustains the Senate approval of the Rwanda treaty, because it was held over from the last Congress. So, for the document? Ms. Mc, Carthy. We certainly do. Legislator Cardin.

I assume that completes the examining. We may have some added questions for the document. As you understand, the document stays open for 24 hours, so you get a break. That's a quite rapid turn-around time for this committee. I do value your perseverance with the board and also thank you very a lot for your testimony today.

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Solution. As established out listed below, we wish to give updated details on reported UNITED STATE financial investment task in Rwanda. Other than these updates, the responses offered by the Division's witness in the 111th Congress continue to be accurate. 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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And I believe that would certainly be practical for us to have that details in this committee. Mr. Swartz. Thanks. We 'd be delighted to supply that. Legislator Cardin. Ms. Mc, Carthy, you have the simplest job below, because this agreement was formerly accepted by this board. As I claimed in my opening, we approved it far too late in the 111th Congress for activity.

Have there been any considerable adjustments in our investment connection with Rwanda because last November when you gave testimony on this treaty? What we have actually seen because last November is a boost in United States financial investment in Rwanda, and also 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 resort in Kigali. And also, additionally, Marriott Hotels is entering to promote the nation's expanding hospitality sector. I would state that, given this pattern of enhanced financial investment, that it is vital that the protections be afforded for them.

You also stated the truth that the United States is discovering various other reciprocal investment treaties in Africa. I assume we have five current bilateral financial investment treaties in Africa. Can you simply share with us other countries that the United States has revealed passion in negotiating treaties?

I think that finishes the examining. I do value your perseverance with the board and thank you really much for your testimony today.

Solution. As laid out listed below, we would love to give upgraded information on reported UNITED STATE investment task in Rwanda. Apart from these updates, the solutions supplied by the Department's witness in the 111th Congress remain accurate. In 2009, the supply of UNITED STATE foreign straight investment in Rwanda was $1 million (according to the Bureau of Economic Evaluation).

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