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Published Sep 22, 21
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I want to provide you all a break for a moment and turn to Mr. Swartz. Generally, we would certainly have had two panels, yet we didn't understand how the Us senate would certainly be running today, so in an initiative to make certain we obtained via all the treaties today, we did this as one panel.

Swartz, you mention in your testimony and your statements that the treaty with Bermuda likewise pierces bank privacy as well as supplies a device for us obtaining the info we need. There have actually been some mutual legal support treaties that have arrangements related directly to sharing financial institution records or other financial details.

That was a provision that was prepared and also adopted in the context of the E.U.

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Under that provision, stipulation's possible for feasible requesting party asking for seek information look for details whether an account exists in the requested country, or in the case of instance E.U., one of the requested member asked for. Thereafter, the demand, if there is an identification of an account, must be complied with up through a standard common lawful support treaty.

As well as with regard to Bermuda, our record of collaboration has actually been really good. Our company believe that the record we carry the production of records, consisting of bank documents, is such that we are certain that the arrangements consisted of in this mutual legal help treaty, which do require teamwork on the manufacturing of documents, will be adequate to make certain that we obtain the documents we need for our financial examinations and also various other examinations.

Some other MLATs also permit immediate, non-written form demands to be made. It's my understanding that in Bermuda, it needs to remain in written type. Any reason why that provision was not included in this agreement? Mr. Swartz. Mr. Chairman, while it is true that the Shared Legal Aid Treaty does require demands in written type, it was the judgment of the negotiators that it sufficed that, in this instance, when it come to Bermuda, we would have the ability to obtain expeditious responses to our demands as well as likewise give such actions to Bermuda's demands, particularly since we have a method already developed that will proceed, our company believe, under the treaty of having the ability to share those requests through e-mail or with fax.

Senator Cardin. Mr. Johnson. Mr. Johnson.

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Bermuda resisted that because they intended to ensure that the requests were clear as well as in a much more formal means. However in the settlements, it additionally became clear that they accepted that such request could be made by fax or by e-mail. So the actual concern they were worried regarding was not finding a fast methods to make a demand, yet truly simply taking oral requests off the table.

We're confident that we've got the ways in area that we can make urgent demands of them in a method that will certainly be effective. Mr. Swartz. Mr. Chairman, if I may include, in reality, while it is an advantage to be able to make oral requests, in practice, it's very unusual that we do so.

Legislator Cardin. My major worry is just, in urgent matters, that it's not postponed. And with contemporary communication, it appears to me that can possibly be handled. I'm more concerned regarding bank records. Mr. Johnson, do have any kind of remarks on the financial institution documents issue? Mr. Johnson. Again, not specifically on the bank problem.

The difference between being able to do an oral demand or having the ability to make use of among these other really quick methods, we think, is not consequential. Legislator Cardin. There've been some issues raised about the adequacy of Bermuda legislation relative to forfeits of profits and also instrumentalities of criminal offenses.

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Swartz. Mr. Chairman, we are. Obviously, the development of forfeit regulation is a vital and also progressive issue. We have actually seen a number of changes over the course of the years, including below in the United States. Yet the Mutual Lawful Support Treaty in Write-up 17 does obligate Bermuda to supply support to the United States in procedures connecting to loss of profits and also instrumentalities of criminal activity, to the extent permitted by the legislation of Bermuda.

We have actually had two examples of effective requests for restriction and also forfeiture of assets. Both circumstances were a success and also we had the ability to obtain the funds. As a basic matter, help is readily available under the laws of Bermuda, and also I do believe that is essential to stress and anxiety, with regard to freezing, confiscating, and restraining possessions, consisting of for issues connecting to terrorism and terrorism financing.

It ought to be kept in mind that forfeit assistance is not restricted to what is permitted under Bermuda's domestic regulation. With regard to a UNITED STATE order, Bermuda can not surrender a specific instrumentality of nondrug offenses, because that power doesn't exist locally. Again, that's limited to agencies in nondrug offense instances.

Legislator Cardin. Thank you. Let me simply ask the general inquiry, and any kind of one of you can reply to it. In the Bermuda agreement, there's a stipulation that is not unknown to us, where Bermuda can deny collaboration in funding instances. We recognize, I comprehend that, so I'm not being important of that stipulation being included therein.

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

As a matter of fact, we have that experience with other countries that have put comparable interpretations on the common lawful assistance responsibilities, and also we have actually had the ability to work out arrangements in a number of instances that allow us to acquire evidence or review whether the proof is significant enough to move forward with some kind of further steps being taken.

Mr. Johnson. Mr. Johnson. Yes, Legislator, if I might just contribute to that, among the factors this treaty took as long it did to negotiate as well as wrap up is because it was necessary to us to see to it that there had not been a specific limitation on assistance in resources cases in the treaty itself.

Swartz pertaining to you. As well as that way we believe that assists maintain the principle that is very important to us, that such participation needs to be readily available, irrespective of the type of situation. And also we believe this has additionally borne out with a few other countries, where despite comparable issues about collaboration in resources situations, they have, for instance, had the ability to supply assistance to the nonpenalty stage of a trial or one more party examination.

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Senator Cardin. They do hold the right under this treaty to refute participation where the United States criminal justice system is looking for resources penalty? Mr. Johnson. Legislator, they hold the right under the treaty to not supply assistance if are in contrast to public law or their crucial rate of interests, and they have actually informed us that they translate that to allow them, in capital punishment cases, to work out that.

I just wanted to make it clear that they would certainly not be an infraction of the treaty. We understand their analysis, that if there was a case pending right here that we required their assistance, where, plainly, the prosecutors were seeking the fatality charge, Bermuda can make a decision not to work together under this treaty.

If I could state, Mr. Chairman, significantly, the treaty would certainly require, since this would be a rejection under Short article 3 of the treaty, that first there had to be consultations with the United States, prior to that rejection could go forward. And I think that's an important facet of the negotiation that Mr.

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Rather than having an explicit provisionSpecific stipulation is one of a set of collection under problems assistance may be denied after refuted, and, among other amongstVarious other that there must be need to as to whether assistance can be given, offered to such conditions as problems requested country asked for nation.

And also I think that would certainly be useful for us to have that info in this committee. Ms. Mc, Carthy, you have the simplest task here, given that this agreement was formerly accepted by this committee. As I said in my opening, we authorized it as well late in the 111th Congress for activity.

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Have there been any kind of significant changes in our financial investment partnership with Rwanda since last November when you offered testimony on this treaty? What we have seen since last November is a rise in United States financial investment in Rwanda, as well as I can provide you a couple of examples.

In February of this year, we have Hilton Hotels; it's is going to open up a major resort in Kigali. As well as, also, Marriott Hotels is going in to facilitate the nation's growing hospitality industry. I would certainly say that, given this pattern of enhanced investment, that it is vital that the securities be afforded for them.

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You likewise mentioned the reality that the United States is exploring various other bilateral financial investment treaties in Africa. I think we have five current reciprocal investment treaties in Africa. Can you just share with us various other nations that the United States has revealed rate of interest in discussing treaties?

I think that completes the questioning. I do appreciate your persistence with the board as well as thank you very much for your statement today.

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As established out below, we would certainly such as to give updated information on reported U.S. financial investment task in Rwanda. In 2009, the supply 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 practical for us to have that details in this board. Ms. Mc, Carthy, you have the easiest task right here, since this arrangement was previously authorized by this board. As I stated in my opening, we authorized it as well late in the 111th Congress for action.

Have there been any substantial modifications in our investment relationship with Rwanda since last November when you gave testament on this treaty? Ms. Mc, Carthy. Thanks, Mr. Chairman. What we have actually seen considering that last November is an increase in United States financial investment in Rwanda, as well as I can offer you a few examples.

In February of this year, we have Hilton Hotels; it's is going to open up a significant hotel in Kigali. And, additionally, Marriott Hotels is going in to help with the country's expanding hospitality industry. I would certainly say that, provided this pattern of boosted financial investment, that it is vital that the defenses be afforded for them.

You additionally mentioned the truth that the United States is checking out various other reciprocal financial investment treaties in Africa. I believe we have 5 existing bilateral financial investment treaties in Africa. Can you just share with us various other nations that the United States has revealed passion in discussing treaties?

I assume that finishes the questioning. We could have some additional inquiries for the document. As you know, the record remains open for 24-hour, so you get a break. That's a quite rapid turnaround time for this committee. I do value your patience with the committee and also thank you really much for your statement today.

Response. As laid out listed below, we wish to provide upgraded information on reported UNITED STATE investment task in Rwanda. Aside from these updates, the solutions given by the Division's witness in the 111th Congress continue to be accurate. In 2009, the supply of U.S. foreign direct investment in Rwanda was $1 million (according to the Bureau of Economic Analysis).

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