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Published Oct 18, 21
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I want to give you all a break for a moment as well as transform to Mr. Swartz. Typically, we would certainly have had 2 panels, yet we really did not know exactly how the Senate would certainly be operating today, so in an effort to make certain we got with 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 also pierces financial institution privacy and offers a device for us getting the details we need. There have actually been some common lawful assistance treaties that include arrangements associated straight to sharing financial institution records or other monetary info.

Swartz. Thanks, Mr. Chairman. With respect to that certain concern, the board may be describing the relatively brand-new provision that appears, for instance, in our E.U.-U.S. Mutual Legal Support Treaty, the recognition of financial institution documents arrangement. That was an arrangement that was prepared and also taken on in the context of the E.U.

Under that stipulation, it's possible for the requesting party to inquire as to whether an account exists in the asked for nation, or when it comes to the E.U., among the requested member states. But, after that, the request, if there is a recognition of an account, must be complied with up through a typical common lawful support treaty.

As well as with respect to Bermuda, our document of cooperation has actually been great. Our team believe that the record we have on the production of documents, consisting of bank documents, is such that we are certain that the stipulations included in this common legal support treaty, which do call for collaboration on the manufacturing of records, will certainly suffice to guarantee that we get the documents we need for our economic investigations as well as various other investigations.

Some various other MLATs likewise allow for immediate, non-written kind demands to be made. Mr. Chairman, while it is true that the Shared Legal Assistance Treaty does need requests in written kind, it was the judgment of the negotiators that it was enough that, in this situation, with regard to Bermuda, we would be able to obtain expeditious reactions to our demands as well as additionally offer such actions to Bermuda's requests, particularly since we have a technique currently established that will certainly continue, we believe, under the treaty of being able to convey those demands via e-mail or through fax.

Senator Cardin. So was this, generally, a choice made by UNITED STATE mediators, that it was not needed, understanding how we can rapidly get faxes and also e-mails sent? Is that reasonable adequate to claim, or otherwise? Mr. Johnson. Legislator, if I can assist on that particular one? Senator Cardin. Sure. Mr. Johnson.

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Bermuda resisted that because they intended to make certain that the demands were clear and in a much more formal method. In the settlements, it likewise became clear that they accepted that such request might be made by fax or by e-mail. So the genuine issue they were concerned regarding was not discovering a quick ways to make a demand, but truly simply taking oral requests off the table.

So we're positive that we have actually got the means in place that we can make urgent demands of them in such a way that will certainly be efficient. Mr. Swartz. Mr. Chairman, if I may include, as a matter of fact, while it is a benefit to be able to make dental requests, in method, it's extremely unusual that we do so.

Senator Cardin. Mr. Johnson, do have any type of comments on the bank records issue? Mr. Johnson.

The distinction between having the ability to do an oral request or having the ability to make use of among these various other very rapid means, we believe, is not consequential. Legislator Cardin. There've been some issues elevated concerning the adequacy of Bermuda regulation with respect to forfeitures of profits and also instrumentalities of criminal offenses.

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Swartz. Mr. Chairman, we are. Certainly, the growth of loss law is an essential and also modern issue. We have actually seen a number of adjustments over the program of the years, consisting of below in the United States. Yet the Shared Legal Support Treaty in Write-up 17 does obligate Bermuda to offer help to the United States in proceedings connecting to forfeiture of profits and agencies of criminal offense, to the degree permitted by the regulation of Bermuda.

We've had 2 examples of effective ask for restriction and also forfeit of properties. Both circumstances were a success and we were able to acquire the funds. As a general matter, assistance is available under the legislations of Bermuda, and also I do think that is essential to stress and anxiety, when it come to cold, confiscating, and restraining properties, consisting of for matters connecting to terrorism and terrorism financing.

However it needs to be kept in mind that forfeiture help is not limited to what is allowed under Bermuda's residential regulation. When it come to a UNITED STATE order, Bermuda can not surrender a details instrumentality of nondrug offenses, since that power doesn't exist domestically. Once more, that's restricted to agencies in nondrug infraction instances.

Senator Cardin. In the Bermuda agreement, there's a provision that is not unknown to us, where Bermuda can deny collaboration in capital cases.

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

Actually, we have that experience with various other nations that have placed comparable analyses on the common lawful aid duties, as well as we've been able to exercise arrangements in a variety of situations that enable us to obtain proof or go over whether the evidence is considerable enough to go onward with some kind of more actions being taken.

Mr. Johnson. Mr. Johnson. Yes, Senator, if I could simply include in that, among the reasons this treaty took as long it did to negotiate and wrap up is due to the fact that it was necessary to us to make certain that there had not been a specific limitation on assistance in funding situations in the treaty itself.

Swartz associated to you. And also that means we assume that helps keep the concept that is essential to us, that such collaboration ought to be offered, irrespective of the sort of situation. As well as we believe this has actually likewise borne out with a few other countries, where despite comparable concerns regarding cooperation in funding instances, they have, as an example, been able to offer 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 seeking resources penalty? Legislator, they hold the right under the treaty to not give assistance in situations that are in contrast to public plan or their necessary passions, and they have informed us that they analyze that to enable them, in fatality charge situations, to work out that.

Senator Cardin. I recognize that. I just wanted to make it clear that they would not be an infraction of the treaty. We comprehend their analysis, that if there was an instance pending here that we required their aid, where, clearly, the prosecutors were looking for the execution, Bermuda could make a decision not to work together under this treaty (foreign tax credit).

Swartz. If I might claim, Mr. Chairman, significantly, the treaty would call for, because this would be a denial under Short article 3 of the treaty, that first there had to be assessments with the United States, before that rejection might move forward. As well as I assume that's a crucial facet of the arrangement that Mr.

Instead of having an explicit arrangement, this is just one of a collection of problems under which help might be refuted after examination, as well as, to name a few points, that there must be factor to consider regarding whether support can be provided, subject to such problems as the requested country considers required. And also our experience because respect has been that we oftentimes can locate suitable guarantees to enable evidence to be created, a minimum of for initial evaluation of the importance of proof in the case on the whole.

As well as I believe that would be valuable for us to have that information in this board. Mr. Swartz. Thanks. foreign tax credit. We 'd be happy to provide that. Senator Cardin. Ms. Mc, Carthy, you have the most convenient work below, because this contract was previously approved by this board. As I said in my opening, we authorized it also late in the 111th Congress for activity.

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Have there been any type of significant modifications in our investment relationship with Rwanda because last November when you offered testimony on this treaty? What we have actually seen because last November is an increase in United States financial investment in Rwanda, and 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, likewise, Marriott Hotels is going in to assist in the country's growing hospitality market. So I would certainly claim that, offered this pattern of increased investment, that it is necessary that the securities be afforded for them.

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capitalists. Legislator Cardin. I thanks for that (foreign tax credit). You likewise pointed out the truth that the United States is discovering various other bilateral financial investment treaties in Africa. I believe you mentioned one other country. I assume we have 5 present bilateral investment treaties in Africa. Can you simply show to us other countries that the United States has shown rate of interest in negotiating treaties? Ms.

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

I think that completes the questioning. We might have some extra concerns for the record. As you understand, the record remains open for 1 day, so you obtain a break. That's a quite fast turn-around time for this committee. But I do appreciate your patience with the committee as well as thank you significantly for your testimony today.

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Solution. As set out listed below, we want to provide upgraded info on reported UNITED STATE financial investment task in Rwanda. Apart from these updates, the responses provided by the Department's witness in the 111th Congress remain precise. In 2009, the supply of UNITED STATE foreign straight investment in Rwanda was $1 million (according to the Bureau of Economic Analysis).

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As well as I assume that would certainly be practical for us to have that info in this committee. Mr. Swartz. Thanks. We 'd be happy to supply that. Legislator Cardin. Ms. Mc, Carthy, you have the easiest job right here, considering that this arrangement was previously accepted by this board. As I claimed in my opening, we approved it too late in the 111th Congress for action.

Have there been any kind of significant modifications in our financial investment relationship with Rwanda given that last November when you gave testament on this treaty? What we have actually seen since last November is an increase in United States financial investment in Rwanda, and also I can offer you a couple of instances.

Additionally, in February of this year, we have Hilton Hotels; it's is going to open a significant resort in Kigali. As well as, also, Marriott Hotels is entering to promote the nation's growing friendliness sector. I would say that, given this pattern of boosted investment, that it is essential that the securities be managed for them.

capitalists. Legislator Cardin (foreign tax credit). I thanks for that. You additionally mentioned the reality that the United States is discovering other bilateral financial investment treaties in Africa. I think you discussed one various other nation. I think we have 5 existing bilateral financial investment treaties in Africa. Can you just share with us various other countries that the United States has shown rate of interest in bargaining treaties? Ms.

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Legislator Cardin. Thanks. I've been informed by the team that I must ask the inquiry of whether the management still supports the Us senate passage of the Rwanda treaty, because it was held over from the last Congress. So, for the record? Ms. Mc, Carthy. We absolutely do. Legislator Cardin.

I think that finishes the questioning. I do value your patience with the board and also thank you really much for your statement today.

As set out listed below, we would such as to give updated details on reported U.S. investment activity in Rwanda. In 2009, the supply of UNITED STATE foreign straight financial investment in Rwanda was $1 million (according to the Bureau of Economic Evaluation).