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Published Oct 13, 21
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I desire to offer you all a break for a minute and turn to Mr. Swartz. Typically, we would certainly have had two panels, but we really did not understand just how the Senate would certainly be running today, so in an effort to make sure we got through all the treaties today, we did this as one panel.

Swartz, you mention in your statement and your statements that the treaty with Bermuda additionally punctures bank secrecy and offers a device for us obtaining the information we need. There have been some common legal support treaties that consist of provisions relevant straight to sharing financial institution documents or various other financial info.

Swartz. Thanks, Mr. Chairman. With respect to that particular issue, the board may be describing the relatively new arrangement that shows up, for example, in our E.U.-U.S. Mutual Legal Help Treaty, the recognition of bank documents arrangement. That was a provision that was drafted and adopted in the context of the E.U.

Under that provision, it's feasible for the requesting event to look for information regarding whether an account exists in the requested country, or in the situation of the E.U., one of the asked for member states. Afterwards, the request, if there is an identification of an account, must be complied with up via a standard common legal assistance treaty.

And with respect to Bermuda, our record of teamwork has actually been excellent. Our company believe that the record we have on the production of records, consisting of financial institution documents, is such that we are confident that the provisions included in this shared lawful aid treaty, which do require participation on the manufacturing of records, will be enough to make certain that we acquire the records we need for our monetary examinations and also other investigations.

Some various other MLATs also permit for urgent, non-written form requests to be made. It's my understanding that in Bermuda, it has to be in written kind. Any kind of reason that provision was not included in this arrangement? Mr. Swartz. Mr. Chairman, while it holds true that the Common Legal Aid Treaty does need requests in written form, it was the judgment of the negotiators that it sufficed that, in this case, when it come to Bermuda, we would certainly have the ability to obtain expeditious reactions to our demands and likewise provide such reactions to Bermuda's requests, specifically since we have a technique already established that will certainly proceed, we believe, under the treaty of being able to share those demands via email or through fax.

Legislator Cardin. Mr. Johnson. Mr. Johnson.

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Bermuda resisted that since they wanted to ensure that the demands were clear as well as in a much more official way. In the arrangements, it likewise became clear that they accepted that such request might be made by fax or by email. The actual concern they were concerned about was not locating a fast means to make a demand, yet truly just taking dental requests off the table.

So we're certain that we have actually got the methods in position that we can make immediate demands of them in such a way that will work. Mr. Swartz. Mr. Chairman, if I might add, actually, while it is an advantage to be able to make oral requests, in practice, it's really uncommon that we do so.

Legislator Cardin. Mr. Johnson, do have any type of remarks on the bank documents issue? Mr. Johnson.

The difference in between being able to do a dental request or being able to utilize among these various other very fast methods, we believe, is not substantial. Legislator Cardin. There've been some problems raised about the adequacy of Bermuda legislation with regard to loss of proceeds as well as instrumentalities of criminal offenses.

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Swartz. Mr. Chairman, we are. Certainly, the advancement of forfeiture regulation is a vital as well as progressive matter. We have actually seen a number of changes throughout the years, consisting of right here in the United States. The Mutual Lawful Support Treaty in Short article 17 does obligate Bermuda to provide assistance to the United States in proceedings relating to forfeiture of proceeds and agencies of criminal activity, to the extent permitted by the law of Bermuda.

We have actually had 2 instances of successful demands for restraint and forfeiture of properties. Both instances were a success and we had the ability to acquire the funds. As a general matter, aid is available under the laws of Bermuda, and also I do assume that is very important to stress and anxiety, with regard to freezing, taking, and also restraining assets, consisting of for matters connecting to terrorism and also terrorism financing.

It must be noted that forfeit assistance is not limited to what is allowed under Bermuda's residential legislation. When it come to an U.S. order, Bermuda can not surrender a details agency of nondrug offenses, since that power doesn't exist locally. However once more, that's limited to agencies in nondrug violation cases.

Legislator Cardin. In the Bermuda agreement, there's a stipulation that is not strange to us, where Bermuda can reject teamwork in resources cases.

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

We have that experience with various other countries that have actually placed comparable interpretations on the common legal support duties, and also we've been able to function out setups in a number of situations that permit us to acquire proof or review whether the proof is substantial enough to go ahead with some kind of additional steps being taken.

Mr. Johnson. Mr. Johnson. Yes, Senator, if I can just include to that, one of the factors this treaty took as long it did to discuss and end is because it was very important to us to see to it that there had not been a specific restriction on support in resources situations in the treaty itself.

Swartz pertaining to you. And also that means we think that assists maintain the concept that is very important to us, that such collaboration should be offered, irrespective of the type of case. And also we believe this has also substantiated with some various other nations, where even with comparable issues concerning teamwork in capital situations, they have, for instance, been able to supply aid to the nonpenalty stage of a test or another party examination.

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Legislator Cardin. However they do hold the right under this treaty to deny teamwork where the United States criminal justice system is looking for resources penalty? Mr. Johnson. Legislator, they hold the right under the treaty to not give assistance if are in contrast to public plan or their important interests, and they have actually informed us that they interpret that to enable them, in capital punishment cases, to work out that.

Legislator Cardin. I recognize that. I simply intended to make it clear that they would not be an offense of the treaty. We recognize their interpretation, that if there was a case pending below that we required their assistance, where, plainly, the prosecutors were seeking the death sentence, Bermuda could determine not to coordinate under this treaty (foreign tax credit).

Swartz. If I could claim, Mr. Chairman, importantly, the treaty would certainly need, since this would certainly be a denial under Article 3 of the treaty, that first there had to be consultations with the United States, before that denial could move forward. And I believe that's an important aspect of the negotiation that Mr.

As opposed to having a specific provision, this is just one of a set of problems under which assistance may be denied after consultation, and, to name a few points, that there need to be consideration regarding whether help can be offered, based on such problems as the asked for nation considers necessary. And our experience in that regard has actually been that we frequently can find suitable guarantees to enable proof to be generated, at the very least for first assessment of the importance of evidence in the case overall.

And I believe that would certainly be helpful for us to have that details in this committee. Mr. Swartz. Thanks. foreign tax credit. We 'd be glad to provide that. Senator Cardin. Ms. Mc, Carthy, you have the easiest work right here, because this arrangement was previously accepted by this board. As I claimed in my opening, we approved it also late in the 111th Congress for activity.

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Have there been any type of considerable adjustments in our financial investment connection with Rwanda given that last November when you offered testament on this treaty? What we have seen considering that last November is a rise in United States investment in Rwanda, as well as I can give you a couple of examples.

Additionally, in February of this year, we have Hilton Hotels; it's is mosting likely to open up a significant hotel in Kigali. And, likewise, Marriott Hotels is going in to facilitate the nation's expanding friendliness industry. I would state that, offered this pattern of boosted investment, that it is important that the protections be managed for them.

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financiers. Legislator Cardin. I thank you for that (foreign tax credit). You also discussed the reality that the United States is discovering various other bilateral financial investment treaties in Africa. I think you pointed out one other country. I believe we have five present bilateral investment treaties in Africa. Can you just show to us various other nations that the United States has revealed interest in bargaining treaties? Ms.

Legislator Cardin. Thanks. I've been informed by the personnel that I ought to ask the inquiry of whether the administration still sustains the Senate ratification of the Rwanda treaty, considering that it was held over from the last Congress. So, for the record? Ms. Mc, Carthy. We definitely do. Senator Cardin.

I believe that finishes the examining. We might have some added questions for the record. As you know, the record remains open for 1 day, so you get a break. That's a pretty quick turnaround time for this board. However I do value your perseverance with the committee and thank you extremely a lot for your statement today.

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Response. As set out listed below, we wish to give upgraded details on reported UNITED STATE financial investment activity in Rwanda. Other than these updates, the responses offered by the Division's witness in the 111th Congress remain exact. In 2009, the stock of UNITED STATE foreign direct 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 helpful for us to have that info in this committee. Ms. Mc, Carthy, you have the simplest task below, since this contract was previously accepted by this board. As I stated in my opening, we accepted it also late in the 111th Congress for activity.

Have there been any kind of considerable modifications in our investment connection with Rwanda considering that last November when you provided testimony on this treaty? Ms. Mc, Carthy. Thank you, Mr. Chairman. What we have seen given that last November is an increase in United States investment in Rwanda, and I can offer you a few instances.

Also, in February of this year, we have Hilton Hotels; it's is going to open up a significant resort in Kigali. And also, also, Marriott Hotels is going in to assist in the nation's growing hospitality sector. I would certainly state that, provided this pattern of enhanced investment, that it is crucial that the protections be afforded for them.

investors. Senator Cardin (foreign tax credit). I thank you for that. You likewise discussed the truth that the United States is checking out other bilateral financial investment treaties in Africa. I think you discussed one other country. I believe we have five existing bilateral financial investment treaties in Africa. Can you simply show us other countries that the United States has revealed interest in bargaining treaties? Ms.

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Legislator Cardin. Thank you. I've been informed by the personnel that I must ask the question of whether the management still supports the Senate passage 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 believe that finishes the examining. I do value your persistence with the board and thank you really a lot for your statement today.

As established out below, we would such as to supply updated details on reported UNITED STATE financial investment task in Rwanda. In 2009, the stock of UNITED STATE foreign straight investment in Rwanda was $1 million (according to the Bureau of Economic Analysis).

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