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Well, thank you quite. I desire to provide you all a break for a minute as well as resort to Mr. Swartz. You have actually been really patient, the three of you. I appreciate that extremely much. Generally, we would certainly have had 2 panels, but we really did not recognize how the Us senate would be operating today, so in an effort to ensure we obtained with all the treaties today, we did this as one panel.

Swartz, you mention in your testament as well as your declarations that the treaty with Bermuda likewise pierces bank secrecy as well as offers a device for us getting the information we require. There have been some mutual lawful help treaties which contain provisions relevant straight to sharing financial institution records or various other monetary info.

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

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Under that provision, stipulation's possible for the requesting party asking for seek information as details whether an account exists in the requested countryAsked for or in the case of instance E.U., one of the requested member asked for. Afterwards, the request, if there is a recognition of an account, must be adhered to up with a common shared lawful assistance treaty.

As well as with respect to Bermuda, our record of teamwork has actually been very good. We think that the record we carry the production of records, consisting of bank records, is such that we are certain that the stipulations included in this shared lawful support treaty, which do require cooperation on the production of documents, will certainly suffice to make certain that we acquire the documents we require for our monetary examinations and various other examinations.

A few other MLATs additionally permit immediate, non-written form requests to be made. It's my understanding that in Bermuda, it should remain in written kind. Any kind of reason that that stipulation was not consisted of in this arrangement? Mr. Swartz. Mr. Chairman, while it is true that the Shared Legal Support Treaty does require requests in written type, it was the judgment of the arbitrators that it was sufficient that, in this case, when it come to Bermuda, we would certainly have the ability to get quick actions to our requests and also supply such actions to Bermuda's requests, especially due to the fact that we have a technique already developed that will certainly continue, we think, under the treaty of having the ability to convey those requests with e-mail or with fax.

Legislator Cardin. Was this, basically, a decision made by UNITED STATE negotiators, that it was not necessary, understanding how we can rapidly obtain faxes as well as emails sent out? Is that reasonable sufficient to say, or otherwise? Mr. Johnson. Legislator, if I can help on that particular one? Legislator Cardin. Sure. Mr. Johnson.

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Bermuda stood up to that due to the fact that they wanted to ensure that the demands were clear and in a much more formal way. However in the settlements, it also ended up being clear that they accepted that such demand could be made by fax or by e-mail. So the real issue they were concerned concerning was not discovering a fast ways to make a request, yet actually just taking oral demands off the table.

We're confident that we've obtained the ways in location that we can make urgent demands of them in a way that will be reliable. Mr. Swartz. Mr. Chairman, if I could include, as a matter of fact, while it is an advantage to be able to make oral requests, in technique, it's extremely unusual that we do so.

Legislator Cardin. Mr. Johnson, do have any type of comments on the financial institution documents issue? Mr. Johnson.

The distinction between being able to do an oral demand or having the ability to utilize among these various other really quick means, we think, is not substantial. Legislator Cardin. There've been some problems raised regarding the adequacy of Bermuda law relative to forfeits of profits as well as agencies of criminal offenses.

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Swartz. Mr. Chairman, we are. Obviously, the advancement of loss regulation is a vital and dynamic issue. We have actually seen a number of modifications throughout the years, including below in the United States. However the Mutual Lawful Support Treaty in Article 17 does obligate Bermuda to provide help to the United States in procedures associating to forfeiture of earnings and also instrumentalities of crime, to the degree allowed by the regulation of Bermuda.

We've had 2 examples of effective demands for restraint as well as loss of possessions. Both circumstances were a success as well as we were able to obtain the funds. As a basic matter, help is readily available under the legislations of Bermuda, and I do think that is necessary to tension, with respect to cold, confiscating, as well as limiting properties, including for matters associating with terrorism and terrorism financing.

However it must be noted that loss help is not restricted to what is permitted under Bermuda's domestic regulation. When it come to a UNITED STATE order, Bermuda can not forfeit a specific agency of nondrug offenses, because that power doesn't exist locally. However again, that's restricted to agencies in nondrug infraction cases.

Senator Cardin. In the Bermuda contract, there's a stipulation that is not strange to us, where Bermuda can refute collaboration in resources cases.

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Are we prevented as a result of that or is there a means in which we are able to cooperate under this treaty, even in those cases? Mr. Chairman, we believe and also we hope we still would certainly be able to comply.

We have that experience with various other countries that have actually placed comparable interpretations on the shared legal support duties, and also we have actually been able to function out setups in a number of instances that allow us to acquire proof or talk about whether the proof is considerable sufficient to go ahead with some kind of more actions being taken.

Mr. Johnson. Mr. Johnson. Yes, Legislator, if I might just add to that, among the factors this treaty took as long it did to discuss as well as wrap up is due to the fact that it was very important to us to make certain that there wasn't a specific restriction on aid in resources cases in the treaty itself.

Swartz pertaining to you. Which means we think that aids maintain the principle that's crucial to us, that such teamwork should be readily available, irrespective of the type of situation. And also we believe this has actually also birthed out with a few other nations, where even with comparable concerns concerning teamwork in resources instances, they have, for instance, been able to supply help to the nonpenalty stage of a trial or an additional event investigation.

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They do hold the right under this treaty to refute cooperation 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 important passions, as well as they have informed us that they interpret that to enable them, in fatality charge situations, to work out that.

I simply desired to make it clear that they would certainly not be a violation of the treaty. We recognize their interpretation, that if there was a case pending right here that we needed their assistance, where, clearly, the prosecutors were seeking the death penalty, Bermuda can determine not to coordinate under this treaty.

Swartz. If I could claim, Mr. Chairman, significantly, the treaty would require, given that this would certainly be a denial under Post 3 of the treaty, that first there needed to be appointments with the United States, prior to that rejection could go forward. And I assume that's a crucial aspect of the settlement that Mr.

Instead of having an explicit arrangement, this is among a set of conditions under which support may be rejected after appointment, and also, to name a few points, that there need to be consideration as to whether help can be offered, subject to such conditions as the asked for country considers essential. And also our experience in that respect has been that we frequently can locate suitable guarantees to enable proof to be generated, a minimum of for preliminary evaluation of the relevance of evidence in case in general.

And also I assume that would certainly be handy for us to have that details in this committee. Ms. Mc, Carthy, you have the most convenient job right here, because this agreement was previously accepted by this board. As I stated in my opening, we approved it too late in the 111th Congress for activity.

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Have there been any kind of considerable modifications in our investment connection with Rwanda because last November when you offered testament on this treaty? Ms. Mc, Carthy. Thanks, Mr. Chairman. What we have seen since last November is a boost in United States financial investment in Rwanda, and I can give you a few instances.

Also, in February of this year, we have Hilton Hotels; it's is going to open up a major resort in Kigali. And, also, Marriott Hotels is entering to facilitate the nation's growing friendliness market. I would say that, offered this pattern of boosted financial investment, that it is important that the securities be managed for them.

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financiers. Senator Cardin. I thanks for that (foreign tax credit). You also discussed the fact that the United States is checking out various other reciprocal financial investment treaties in Africa. I believe you discussed one other country. I believe we have five current bilateral investment treaties in Africa. Can you simply show to us various other nations that the United States has revealed interest in bargaining treaties? Ms.

Senator Cardin. Thank you. I have actually been informed by the team that I ought to ask the concern of whether the management still supports the Us senate adoption of the Rwanda treaty, given that it was held over from the last Congress. So, for the record? Ms. Mc, Carthy. We definitely do. Legislator Cardin.

I assume that completes the examining. We might have some extra inquiries for the record. As you know, the document remains open for 24 hours, so you obtain a break. That's a rather rapid turn-around time for this committee. Yet I do appreciate your persistence with the board as well as thanks extremely a lot for your testament today.

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Response. As established out listed below, we wish to supply upgraded info on reported UNITED STATE financial investment activity in Rwanda. Besides these updates, the responses provided by the Division's witness in the 111th Congress continue to be precise. In 2009, the supply of UNITED STATE foreign direct investment in Rwanda was $1 million (according to the Bureau of Economic Analysis).

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And also I believe that would certainly be handy for us to have that info in this board. Ms. Mc, Carthy, you have the easiest job here, since this agreement was formerly approved by this committee. As I stated in my opening, we approved it also late in the 111th Congress for action.

Have there been any kind of significant changes in our financial investment partnership with Rwanda considering that last November when you offered testament on this treaty? What we have actually seen since last November is an increase in United States investment in Rwanda, as well as I can give you a couple of instances.

Additionally, in February of this year, we have Hilton Hotels; it's is mosting likely to open up a major resort in Kigali. And, additionally, Marriott Hotels is entering to assist in the country's growing friendliness market. I would state that, provided this pattern of increased investment, that it is crucial that the defenses be afforded for them.

You likewise mentioned the fact that the United States is checking out other bilateral financial investment treaties in Africa. I assume we have 5 present reciprocal investment treaties in Africa. Can you just share with us other nations that the United States has revealed interest in bargaining treaties?

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

Solution. As established out listed below, we wish to provide upgraded info on reported UNITED STATE financial investment task in Rwanda. Apart from these updates, the responses offered by the Division's witness in the 111th Congress remain precise. In 2009, the stock of U.S. foreign direct investment in Rwanda was $1 million (according to the Bureau of Economic Analysis).

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