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Published Oct 12, 21
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Well, thank you quite. I want to provide you all a break for a minute and transform to Mr. Swartz. You've been really patient, the three of you. I value that significantly. Usually, we would certainly have had 2 panels, yet we didn't understand just how the Us senate would be operating today, so in an effort to see to it we survived all the treaties today, we did this as one panel.

Swartz, you aim out in your testimony as well as your declarations that the treaty with Bermuda also pierces bank secrecy and also gives a mechanism for us getting the info we need. There have been some common legal support treaties that have stipulations associated directly to sharing bank records or other economic info.

Swartz. Thanks, Mr. Chairman. With regard to that specific problem, the committee may be describing the fairly new stipulation that shows up, for example, in our E.U.-U.S. Mutual Legal Support Treaty, the recognition of bank documents stipulation. That was a provision that was prepared and also embraced in the context of the E.U.

Under that arrangement, it's feasible for the requesting party to inquire as to whether an account exists in the asked for nation, or in the case of the E.U., one of the asked for member states. Afterwards, the demand, if there is a recognition of an account, must be adhered to up with a standard shared legal support treaty.

And also when it come to Bermuda, our document of cooperation has actually been great. We think that the document we carry the manufacturing of documents, consisting of bank records, is such that we are certain that the arrangements included in this common legal aid treaty, which do require teamwork on the manufacturing of records, will suffice to ensure that we acquire the records we require for our financial examinations as well as other investigations.

Some other MLATs also enable for immediate, non-written kind requests to be made. Mr. Chairman, while it is true that the Common Lawful Aid Treaty does need requests in written type, it was the judgment of the negotiators that it sufficed that, in this instance, with regard to Bermuda, we would certainly be able to obtain quick feedbacks to our demands and additionally give such responses to Bermuda's demands, especially because we have a method currently established that will certainly proceed, we think, under the treaty of being able to convey those requests with e-mail or via fax.

Senator Cardin. Mr. Johnson. Mr. Johnson.

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Bermuda resisted that because they desired to make certain that the demands were clear and also in an extra formal way. But in the settlements, it also came to be clear that they approved that such request could be made by fax or by email. So the actual issue they were worried concerning was not discovering a fast ways to make a request, but really just taking dental demands off the table.

So we're positive that we've got the methods in position that we can make immediate requests of them in a manner that will be efficient. Mr. Swartz. Mr. Chairman, if I might include, in fact, while it is an advantage to be able to make dental demands, in method, it's very rare that we do so.

Legislator Cardin. My main worry is just, in immediate issues, that it's not delayed. And with modern communication, it appears to me that can most likely be dealt with. I'm more worried regarding bank records. Mr. Johnson, do have any kind of remarks on the bank documents problem? Mr. Johnson. Once more, not particularly on the bank issue.

The distinction between being able to do an oral demand or being able to use one of these various other really rapid means, we assume, is not substantial. Senator Cardin. There have actually been some concerns elevated about the adequacy of Bermuda regulation with respect to forfeitures of profits and instrumentalities of criminal offenses.

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Swartz. Mr. Chairman, we are. Certainly, the advancement of forfeiture legislation is an important as well as modern matter. We have actually seen a variety of adjustments throughout the years, consisting of right here in the United States. Yet the Shared Legal Assistance Treaty in Post 17 does obligate Bermuda to supply assistance to the United States in proceedings associating with forfeit of earnings and also instrumentalities of criminal activity, to the extent allowed by the law of Bermuda.

We've had 2 instances of effective demands for restriction and forfeiture of assets. Both circumstances were a success and also we had the ability to acquire the funds. As a basic issue, aid is readily available under the regulations of Bermuda, as well as I do believe that is very important to tension, with regard to cold, seizing, and also restraining properties, including for matters connecting to terrorism and also terrorism funding.

Yet it ought to be kept in mind that forfeit assistance is not restricted to what is permitted under Bermuda's residential law. When it come to a UNITED STATE order, Bermuda can not forfeit a details instrumentality of nondrug offenses, because that power doesn't exist domestically. However once more, that's limited to agencies in nondrug crime cases.

Senator Cardin. Thanks. Allow me just ask the general inquiry, as well as any type of one of you can respond to it. In the Bermuda contract, there's a stipulation that is not strange to us, where Bermuda can refute participation in capital cases. We comprehend, I recognize that, so I'm not being critical of that stipulation being included therein.

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Are we hindered as a result of that or is there a method which we are able to cooperate under this treaty, also in those cases? Mr. Swartz. Mr. Chairman, we believe as well as we wish we still would certainly be able to coordinate. Bermuda showed, and has actually encouraged the United States, that it books the right to deny aid in capital cases where the sentence consists of a feasible execution, counting on the-- unlike the essential public plan arrangement of Article 3 of the convention.

We have that experience with other countries that have actually put comparable analyses on the shared legal support obligations, and we have actually been able to work out setups in a number of situations that enable us to acquire evidence or discuss whether the evidence is substantial enough to go forward with some kind of more steps being taken.

Mr. Johnson. Mr. Johnson. Yes, Legislator, if I could simply contribute to that, among the reasons this treaty took as long it did to work out and also wrap up is since it was essential to us to ensure that there had not been a specific constraint on assistance in resources instances in the treaty itself.

Swartz associated to you. Which method we believe that helps maintain the concept that's vital to us, that such collaboration must be readily available, irrespective of the sort of case. And also we believe this has likewise birthed out with a few other nations, where even with comparable concerns about teamwork in funding instances, they have, as an example, had the ability to give assistance to the nonpenalty phase of a test or an additional celebration investigation.

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Legislator Cardin. But they do hold the right under this treaty to reject participation where the United States criminal justice system is seeking death sentence? Mr. Johnson. Senator, they hold the right under the treaty to not give assistance in cases that contrast public law or their important rate of interests, as well as they have informed us that they interpret that to allow them, in death charge instances, to exercise that.

I just desired to make it clear that they would certainly not be an infraction of the treaty. We comprehend their interpretation, that if there was an instance pending here that we required their assistance, where, plainly, the prosecutors were seeking the fatality penalty, Bermuda might determine not to comply under this treaty.

If I can state, Mr. Chairman, significantly, the treaty would certainly need, considering that this would be a denial under Post 3 of the treaty, that first there had to be appointments with the United States, before that rejection could go ahead. As well as I think that's an important facet of the negotiation that Mr.

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Rather than having an explicit provisionSpecific arrangement is one of a set of collection under problems assistance may help denied after consultation, assessment, as well as other thingsVarious other that there must be have to as factor to consider whether assistance can aid given, provided to such conditions as the requested country deems nation.

And I think that would be handy for us to have that information in this committee. Mr. Swartz. Thank you. foreign tax credit. We 'd rejoice to provide that. Legislator Cardin. Ms. Mc, Carthy, you have the most convenient task here, given that this contract was formerly authorized by this board. As I stated in my opening, we authorized it as well late in the 111th Congress for action.

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Have there been any significant adjustments in our financial investment relationship with Rwanda since last November when you offered statement 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, as well as I can give you a couple of instances.

In February of this year, we have Hilton Hotels; it's is going to open up a significant resort in Kigali. As well as, also, Marriott Hotels is entering to promote the nation's growing friendliness market. So I would certainly claim that, offered this pattern of boosted financial investment, that it is very important that the securities be afforded for them.

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capitalists. Legislator Cardin. I thanks for that (foreign tax credit). You likewise stated the reality that the United States is discovering various other bilateral investment treaties in Africa. I believe you stated one various other country. I believe we have five present reciprocal financial investment treaties in Africa. Can you simply share with us various other nations that the United States has shown rate of interest in bargaining treaties? Ms.

Legislator Cardin. Thank you. I have actually been informed by the personnel that I ought to ask the question of whether the administration still sustains the Senate passage of the Rwanda treaty, since it was held over from the last Congress. For the document? Ms. Mc, Carthy. We absolutely do. Senator Cardin.



I assume that finishes the questioning. I do appreciate your patience with the board and thank you very much for your statement today.

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As set out listed below, we would certainly like to provide updated info 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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And also I think that would be helpful for us to have that details in this committee. Mr. Swartz. Thanks. We would certainly rejoice to supply that. Legislator Cardin. Ms. Mc, Carthy, you have the most convenient job right here, considering that this contract was formerly authorized by this board. As I said in my opening, we authorized it too late in the 111th Congress for action.

Have there been any kind of substantial changes in our financial investment relationship with Rwanda given that last November when you gave testimony on this treaty? What we have seen considering that last November is an increase in United States investment in Rwanda, as well as I can give you a few examples.

In February of this year, we have Hilton Hotels; it's is going to open up a significant resort in Kigali. As well as, additionally, Marriott Hotels is entering to promote the country's expanding friendliness sector. I would certainly say that, offered this pattern of boosted financial investment, that it is crucial that the securities be afforded for them.

capitalists. Senator Cardin (foreign tax credit). I thanks for that. You additionally discussed the fact that the United States is discovering other bilateral investment treaties in Africa. I think you pointed out one various other country. I believe we have 5 existing bilateral financial investment treaties in Africa. Can you just show to us various other nations that the United States has shown rate of interest in working out treaties? Ms.

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Legislator Cardin. Thank you. I've been told by the team that I need to ask the inquiry of whether the management still supports the Us senate adoption of the Rwanda treaty, considering that it was held over from the last Congress. So, for the record? Ms. Mc, Carthy. We absolutely do. Senator Cardin.

I believe that finishes the questioning. I do appreciate your perseverance with the committee as well as thank you really a lot for your statement today.

Answer. As laid out below, we wish to supply updated details on reported UNITED STATE investment activity in Rwanda. Apart from these updates, the answers given by the Division's witness in the 111th Congress continue to be precise. 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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