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Published Sep 27, 21
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I want to give you all a break for a moment as well as transform to Mr. Swartz. Generally, we would have had 2 panels, but we really did not know just how the Us senate would certainly be running today, so in an effort to make certain we obtained via all the treaties today, we did this as one panel.

Swartz, you explain in your testament and your statements that the treaty with Bermuda also pierces bank secrecy and supplies a device for us obtaining the information we need. There have been some mutual legal aid treaties which contain stipulations associated directly to sharing bank documents or other monetary info.

Swartz. Thanks, Mr. Chairman. When it come to that particular problem, the board might be describing the reasonably brand-new provision that appears, for circumstances, in our E.U.-U.S. Mutual Legal Assistance Treaty, the recognition of financial institution documents arrangement. That was an arrangement that was prepared and also adopted in the context of the E.U.

Under that arrangement, it's feasible for the requesting event to inquire regarding whether an account exists in the asked for nation, or in the instance of the E.U., one of the requested member states. After that, the request, if there is a recognition of an account, should be complied with up with a standard common legal aid treaty.

And also when it come to Bermuda, our record of teamwork has actually been great. We believe that the document we have on the production of records, consisting of bank records, is such that we are positive that the arrangements consisted of in this common lawful support treaty, which do need participation on the production of documents, will suffice to ensure that we get the records we require for our monetary investigations as well as various other investigations.

Some other MLATs also enable for urgent, non-written type demands to be made. Mr. Chairman, while it is real that the Common Lawful Support Treaty does need demands in written type, it was the judgment of the arbitrators that it was adequate that, in this situation, with regard to Bermuda, we would certainly be able to get prompt feedbacks to our requests as well as likewise offer such actions to Bermuda's demands, particularly since we have a practice already established that will certainly continue, we believe, under the treaty of being able to share those requests through e-mail or via fax.

Legislator Cardin. Mr. Johnson. Mr. Johnson.

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Bermuda stood up to that due to the fact that they desired to ensure that the demands were clear as well as in a more official way. Yet in the settlements, it likewise came to be clear that they accepted that such request can be made by fax or by email. The genuine issue they were worried concerning was not finding a quick ways to make a demand, but really simply taking oral requests off the table.

We're confident that we have actually got the means in location that we can make immediate demands of them in a means that will be effective. Mr. Swartz. Mr. Chairman, if I could include, actually, while it is a benefit to be able to make dental requests, in technique, it's really unusual that we do so.

Legislator Cardin. My main issue is simply, in immediate matters, that it's not postponed. And also with modern-day communication, it seems to me that can possibly be taken care of. I'm more concerned about financial institution records. Mr. Johnson, do have any kind of discuss the bank records concern? Mr. Johnson. Once more, not specifically on the bank problem.

The distinction between having the ability to do an oral request or having the ability to utilize one of these various other really quick means, we assume, is not substantial. Senator Cardin. There've been some issues elevated regarding the adequacy of Bermuda legislation relative to loss of earnings as well as instrumentalities of criminal offenses.

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Swartz. Mr. Chairman, we are. Naturally, the advancement of forfeiture regulation is a crucial as well as modern matter. We have actually seen a number of changes throughout the years, consisting of below in the United States. But the Shared Lawful Help Treaty in Article 17 does obligate Bermuda to provide help to the United States in process associating with loss of earnings as well as agencies of criminal offense, to the level permitted by the law of Bermuda.

We've had two examples of effective ask for restriction and loss of properties. Both circumstances were a success and also we were able to acquire the funds. As a basic matter, support is available under the regulations of Bermuda, as well as I do think that's crucial to stress and anxiety, with respect to freezing, seizing, and restraining assets, including for matters connecting to terrorism as well as terrorism financing.

Yet it must be kept in mind that loss support is not limited to what is permitted under Bermuda's domestic legislation. When it come to a UNITED STATE order, Bermuda can not forfeit a certain agency of nondrug offenses, since that power doesn't exist domestically. Yet once again, that's limited to agencies in nondrug offense cases.

Legislator Cardin. In the Bermuda agreement, there's a provision that is not strange to us, where Bermuda can refute cooperation in funding instances.

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Are we prevented as an outcome of that or is there a method which we are able to cooperate under this treaty, even in those cases? Mr. Swartz. Mr. Chairman, our team believe as well as we hope we still would have the ability to work together. Bermuda indicated, as well as has actually suggested the United States, that it reserves the right to refute support in resources instances where the sentence includes a feasible death sentence, counting on the-- contrary to the vital public law provision of Write-up 3 of the convention.

Actually, we have that experience with various other nations that have actually placed similar analyses on the common lawful support responsibilities, and also we've been able to work out arrangements in a variety of instances that permit us to obtain evidence or discuss whether the proof is considerable enough to go ahead with some sort of more steps being taken.

Mr. Johnson. Mr. Johnson. Yes, Legislator, if I could just include in that, one of the reasons this treaty took as lengthy it did to bargain as well as end is since it was important to us to ensure that there wasn't a specific restriction on support in capital instances in the treaty itself.

Swartz pertaining to you. Which way we assume that assists keep the concept that is very important to us, that such collaboration needs to be available, irrespective of the sort of situation. As well as we assume this has also substantiated with some other countries, where despite having similar issues about collaboration in funding instances, they have, as an example, been able to offer assistance to the nonpenalty stage of a trial or another party investigation.

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Senator Cardin. But they do hold the right under this treaty to deny teamwork where the United States criminal justice system is seeking capital penalty? Mr. Johnson. Senator, they hold the right under the treaty to not supply aid if contrast public plan or their crucial passions, as well as they have informed us that they interpret that to enable them, in execution cases, to exercise that.

I just wanted to make it clear that they would certainly not be an infraction of the treaty. We recognize their analysis, that if there was a case pending below that we needed their aid, where, plainly, the district attorneys were looking for the death penalty, Bermuda might choose not to work together under this treaty.

If I might claim, Mr. Chairman, significantly, the treaty would need, since this would certainly be a rejection under Write-up 3 of the treaty, that initially there had to be examinations with the United States, before that denial can go forward. And also I assume that's an essential aspect 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 rejected, appointment, as well as other thingsVarious other that there must be should as to whether assistance can aid given, offered to such conditions as problems requested country deems nation.

As well as I believe that would be practical for us to have that information in this board. Mr. Swartz. Thanks. foreign tax credit. We 'd be pleased to provide that. Legislator Cardin. Ms. Mc, Carthy, you have the simplest work right here, since this contract was previously authorized by this board. As I said in my opening, we accepted it as well late in the 111th Congress for action.

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Have there been any kind of substantial changes in our investment connection with Rwanda since last November when you provided testimony on this treaty? Ms. Mc, Carthy. Thank you, Mr. Chairman. What we have seen because 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 significant resort in Kigali. And, also, Marriott Hotels is entering to assist in the country's expanding friendliness industry. I would say that, provided this pattern of boosted investment, that it is important that the defenses be afforded for them.

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You additionally stated the reality that the United States is checking out other bilateral investment treaties in Africa. I think we have 5 present reciprocal financial investment treaties in Africa. Can you simply share with us other nations that the United States has shown passion in working out treaties?



I believe that finishes the examining. We could have some extra inquiries for the record. As you understand, the record continues to be open for 1 day, so you obtain a break. That's a rather rapid turn-around time for this committee. I do appreciate your perseverance with the board and also thank you very much for your testament today.

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As established out listed below, we would certainly like to give upgraded information on reported UNITED STATE financial investment task in Rwanda. In 2009, the stock of UNITED STATE foreign direct financial investment in Rwanda was $1 million (according to the Bureau of Economic Analysis).

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As well as I think that would certainly be handy for us to have that information in this board. Ms. Mc, Carthy, you have the simplest task below, because this agreement was formerly accepted by this committee. As I said in my opening, we approved it too late in the 111th Congress for activity.

Have there been any type of substantial changes in our investment partnership with Rwanda considering that last November when you provided statement on this treaty? What we have actually seen considering that last November is a rise in United States investment in Rwanda, and 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 significant resort in Kigali. As well as, also, Marriott Hotels is entering to assist in the country's growing hospitality market. I would say that, offered this pattern of raised financial investment, that it is essential that the defenses be managed for them.

You additionally mentioned the fact that the United States is checking out various other reciprocal financial investment treaties in Africa. I believe we have five present reciprocal financial investment treaties in Africa. Can you just share with us various other countries that the United States has revealed rate of interest in negotiating treaties?

I think that completes the questioning. We might have some additional concerns for the record. As you know, the document remains open for 24-hour, so you get a break. That's a pretty quick turnaround time for this board. I do value your perseverance with the committee and thank you very much for your testimony today.

As set out listed below, we would certainly like to give updated information on reported U.S. investment activity in Rwanda. In 2009, the supply of U.S. foreign direct financial investment in Rwanda was $1 million (according to the Bureau of Economic Evaluation).

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