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Published Oct 16, 21
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Well, thanks significantly. I intend to give you all a break for a moment and turn to Mr. Swartz. You've been very patient, the three of you. I value that significantly. Usually, we would have had 2 panels, yet we really did not recognize just how the Senate would certainly be running today, so in an initiative to see to it we got through all the treaties today, we did this as one panel.

Swartz, you explain in your testament and also your declarations that the treaty with Bermuda additionally pierces financial institution secrecy and also offers a device for us getting the details we require. There have actually been some common legal assistance treaties that consist of stipulations related straight to sharing bank documents or other financial details.

That was an arrangement that was prepared and embraced 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 as info whether an account exists in the requested countryAsked for nation in the case of situation E.U., one of the requested member asked forParticipant Afterwards, the demand, if there is an identification of an account, need to be adhered to up with a standard shared lawful help treaty.

As well as with regard to Bermuda, our document of cooperation has actually been really great. Our company believe that the record we have on the production of records, consisting of bank documents, is such that we are confident that the stipulations included in this shared lawful support treaty, which do call for teamwork on the production of documents, will be sufficient to guarantee that we acquire the records we need for our economic investigations as well as various other examinations.

A few other MLATs likewise permit for immediate, non-written kind demands to be made. It's my understanding that in Bermuda, it has to be in written kind. Any kind of factor why that arrangement was not included in this arrangement? Mr. Swartz. Mr. Chairman, while it is true that the Shared Legal Help Treaty does need demands in written kind, it was the judgment of the arbitrators that it was enough that, in this case, when it come to Bermuda, we would be able to obtain expeditious feedbacks to our requests as well as additionally give such responses to Bermuda's demands, especially since we have a practice currently established that will continue, our team believe, under the treaty of being able to communicate those requests through email or with fax.

Legislator Cardin. Mr. Johnson. Mr. Johnson.

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Bermuda withstood that due to the fact that they intended to ensure that the demands were clear and in an extra formal means. But in the negotiations, it likewise became clear that they approved that such demand might be made by fax or by email. So the real concern they were concerned about was not finding a rapid methods to make a demand, but actually simply taking oral demands off the table.

So we're confident that we have actually got the ways in position that we can make immediate demands of them in a manner that will work. Mr. Swartz. Mr. Chairman, if I could include, as a matter of fact, while it is a benefit to be able to make dental demands, in practice, it's extremely uncommon that we do so.

Senator Cardin. My main worry is simply, in urgent issues, that it's not postponed. As well as with modern-day communication, it seems to me that can probably be managed. I'm much more worried about bank records. Mr. Johnson, do have any type of discuss the financial institution records issue? Mr. Johnson. Once again, not specifically on the financial institution concern.

The distinction in between having the ability to do a dental demand or being able to utilize one of these various other very fast methods, we assume, is not consequential. Senator Cardin. There've been some problems raised regarding the competence of Bermuda regulation relative to forfeits of profits and also agencies of criminal offenses.

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Mr. Chairman, we are. The Common Legal Aid Treaty in Write-up 17 does obligate Bermuda to offer support to the United States in proceedings connecting to forfeit of earnings and also instrumentalities of criminal offense, to the extent permitted by the regulation of Bermuda.

We have actually had 2 examples of effective ask for restriction as well as forfeit of possessions. Both instances were a success and we had the ability to obtain the funds. As a general matter, help is readily available under the legislations of Bermuda, and I do believe that is essential to stress and anxiety, with regard to freezing, taking, as well as limiting assets, including for matters connecting to terrorism as well as terrorism financing.

However it must be noted that forfeit aid is not restricted to what is allowed under Bermuda's residential law. With respect to a UNITED STATE order, Bermuda can not waive a certain instrumentality of nondrug offenses, since that power does not exist domestically. Once more, that's limited to agencies in nondrug crime cases.

Legislator Cardin. In the Bermuda arrangement, there's a provision that is not unfamiliar to us, where Bermuda can refute cooperation in resources situations.

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Are we prevented as an outcome of that or is there a way in which we are able to cooperate under this treaty, even in those cases? Mr. Chairman, we believe and also we wish we still would be able to work together.

In truth, we have that experience with various other nations that have placed similar interpretations on the common lawful assistance responsibilities, and we have actually been able to function out plans in a variety of situations that enable us to get evidence or go over whether the proof is significant enough to move forward with some kind of additional steps being taken.

Mr. Johnson. Mr. Johnson. Yes, Senator, if I could just contribute to that, one of the reasons this treaty took as lengthy it did to negotiate and conclude is due to the fact that it was important to us to ensure that there wasn't an express limitation on help in funding cases in the treaty itself.

Swartz pertaining to you. Which way we believe that assists preserve the concept that is very important to us, that such participation should be offered, irrespective of the type of case. As well as we believe this has actually also substantiated with some various other nations, where despite similar problems regarding collaboration in funding instances, they have, for example, had the ability to give assistance to the nonpenalty stage of a test or another party examination.

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They do hold the right under this treaty to deny teamwork where the United States criminal justice system is looking for capital punishment? Legislator, they hold the right under the treaty to not supply aid in instances that are in contrast to public policy or their important interests, and they have actually informed us that they interpret that to enable them, in fatality penalty situations, to exercise that.

Senator Cardin. I recognize that. I simply desired 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 needed their aid, where, clearly, the prosecutors were looking for the execution, Bermuda might make a decision not to coordinate under this treaty (foreign tax credit).

Swartz. If I might claim, Mr. Chairman, notably, the treaty would call for, because this would be a rejection under Article 3 of the treaty, that initially there needed to be examinations with the United States, before that denial can go forward. And I believe that's an important facet of the arrangement that Mr.

Instead of having a specific provision, this is among a set of conditions under which aid may be refuted after consultation, as well as, among various other points, that there must be factor to consider as to whether aid can be offered, based on such conditions as the requested country deems required. And our experience because respect has been that we usually can locate appropriate guarantees to allow proof to be produced, at the very least for preliminary evaluation of the value of evidence in the instance generally.

As well as I believe that would certainly be valuable for us to have that info in this board. Mr. Swartz. Thanks. foreign tax credit. We would certainly be grateful to supply that. Senator Cardin. Ms. Mc, Carthy, you have the easiest work below, because this contract was formerly approved by this committee. As I stated in my opening, we approved it also late in the 111th Congress for action.

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Have there been any type of considerable changes in our financial investment partnership with Rwanda because last November when you provided testimony on this treaty? What we have actually seen given that last November is an increase in United States financial investment in Rwanda, as well as I can provide you a couple of instances.

In February of this year, we have Hilton Hotels; it's is going to open up a major hotel in Kigali. And, additionally, Marriott Hotels is going in to help with the country's growing friendliness market. So I would certainly claim that, provided this pattern of raised financial investment, that it is very important that the protections be afforded for them.

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financiers. Legislator Cardin. I thank you for that (foreign tax credit). You additionally discussed the fact that the United States is exploring other bilateral investment treaties in Africa. I think you pointed out another country. I think we have 5 current bilateral financial investment treaties in Africa. Can you just share with us other countries that the United States has shown passion in working out treaties? Ms.

Senator Cardin. Thanks. I have actually been informed by the team that I should ask the concern of whether the management still supports the Senate adoption of the Rwanda treaty, considering that it was held over from the last Congress. For the record? Ms. Mc, Carthy. We certainly do. Senator Cardin.



I think that finishes the examining. We might have some extra concerns for the record. As you understand, the document continues to be open for 24 hrs, so you get a break. That's a rather rapid turn-around time for this board. I do appreciate your patience with the committee and also thank you extremely a lot for your testament today.

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As established out below, we would like to give updated information on reported UNITED STATE financial investment activity in Rwanda. In 2009, the supply of U.S. foreign straight financial investment in Rwanda was $1 million (according to the Bureau of Economic Analysis).

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As well as I believe that would certainly be useful for us to have that details in this board. Ms. Mc, Carthy, you have the most convenient work right here, given that this agreement was formerly approved by this board. As I claimed in my opening, we authorized it as well late in the 111th Congress for action.

Have there been any kind of considerable adjustments in our financial investment partnership with Rwanda considering that last November when you provided statement on this treaty? Ms. Mc, Carthy. Thanks, Mr. Chairman. What we have actually seen since last November is a boost in United States investment in Rwanda, and also I can give you a couple of instances.

Also, in February of this year, we have Hilton Hotels; it's is going to open up a major hotel in Kigali. As well as, additionally, Marriott Hotels is entering to promote the nation's expanding friendliness industry. I would state that, offered this pattern of enhanced investment, that it is crucial that the securities be managed for them.

investors. Senator Cardin (foreign tax credit). I thank you for that. You also discussed the truth that the United States is exploring other bilateral financial investment treaties in Africa. I think you discussed one other country. I assume we have 5 present bilateral investment treaties in Africa. Can you simply show us other countries that the United States has shown passion in discussing treaties? Ms.

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Senator Cardin. Thanks. I have actually been informed by the personnel that I must ask the question of whether the administration still sustains the Senate adoption of the Rwanda treaty, considering that it was held over from the last Congress. So, for the record? Ms. Mc, Carthy. We certainly do. Legislator Cardin.

I think that finishes the examining. We might have some extra concerns for the document. As you understand, the document continues to be open for 24 hr, so you get a break. That's a quite quick turnaround time for this committee. I do appreciate your persistence with the committee and thank you really a lot for your testament today.

Solution. As established out listed below, we want to offer upgraded info on reported U.S. financial investment activity in Rwanda. Besides these updates, the solutions given by the Division'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 Analysis).

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