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Published Sep 13, 21
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I want to give you all a break for a minute and also transform to Mr. Swartz. Normally, we would have had two panels, however we really did not recognize how the Senate would certainly be running 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 testimony as well as your declarations that the treaty with Bermuda also punctures bank privacy and also gives a mechanism for us getting the info we need. There have actually been some shared legal aid treaties which contain provisions relevant directly to sharing bank records or other monetary information.

Swartz. Thank you, Mr. Chairman. With regard to that certain issue, the committee might be referring to the fairly new provision that shows up, for example, in our E.U.-U.S. Mutual Legal Aid Treaty, the recognition of bank documents stipulation. That was a provision that was prepared as well as embraced in the context of the E.U.

Under that arrangement, it's possible for the requesting celebration to inquire as to whether an account exists in the asked for nation, or in the case of the E.U., among the requested member states. Yet, thereafter, the request, if there is an identification of an account, have to be adhered to up through a conventional mutual lawful aid treaty.

As well as when it come to Bermuda, our document of cooperation has been really great. Our company believe that the record we carry the production of records, including bank records, is such that we are confident that the provisions included in this mutual legal assistance treaty, which do call for teamwork on the manufacturing of records, will suffice to make certain that we acquire the documents we require for our economic investigations and also various other investigations.

Some other MLATs additionally enable immediate, non-written kind demands to be made. It's my understanding that in Bermuda, it must remain in written kind. Any reason that provision was not included in this agreement? Mr. Swartz. Mr. Chairman, while it is true that the Shared Lawful Help Treaty does require requests in written form, it was the judgment of the negotiators that it was enough that, in this instance, when it come to Bermuda, we would have the ability to get quick feedbacks to our demands as well as additionally provide such feedbacks to Bermuda's demands, particularly since we have a practice currently developed that will continue, our team believe, under the treaty of having the ability to share those requests with e-mail or through fax.

Legislator Cardin. Mr. Johnson. Mr. Johnson.

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Bermuda resisted that due to the fact that they wished to make certain that the requests were clear and also in an extra official method. In the arrangements, it additionally came to be clear that they accepted that such request could be made by fax or by email. The genuine problem they were concerned about was not finding a rapid ways to make a demand, yet truly just taking dental requests off the table.

We're confident that we've got the means in place that we can make immediate demands of them in a means that will be efficient. 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 technique, it's very uncommon that we do so.

Senator Cardin. My major concern is just, in immediate matters, that it's not postponed. As well as with modern-day communication, it appears to me that can possibly be taken care of. I'm extra worried regarding financial institution documents. Mr. Johnson, do have any kind of talk about the financial institution records concern? Mr. Johnson. Again, not particularly on the financial institution concern.

The distinction between having the ability to do a dental demand or having the ability to use among these other very fast methods, we assume, is not consequential. Senator Cardin. There've been some issues raised about the competence of Bermuda regulation with respect to loss of profits as well as agencies of criminal offenses.

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Swartz. Mr. Chairman, we are. Obviously, the advancement of forfeiture law is a crucial and dynamic matter. We've seen a number of adjustments over the course of the years, including below in the United States. The Mutual Lawful Assistance Treaty in Post 17 does obligate Bermuda to provide aid to the United States in procedures relating to forfeiture of profits and also instrumentalities of criminal offense, to the level permitted by the legislation of Bermuda.

We have actually had two examples of successful requests for restraint and forfeit of assets. Both circumstances were a success as well as we had the ability to get the funds. As a basic matter, support is readily available under the laws of Bermuda, as well as I do think that is very important to anxiety, with regard to cold, seizing, as well as restraining assets, including for issues connecting to terrorism and terrorism financing.

Yet it ought to be noted that loss aid is not limited to what is permitted under Bermuda's residential legislation. With respect to an U.S. order, Bermuda can not forfeit a specific instrumentality of nondrug offenses, because that power doesn't exist domestically. Once again, that's limited to agencies in nondrug offense instances.

Senator Cardin. Thank you. Allow me simply ask the basic inquiry, as well as any type of among you can react to it. In the Bermuda contract, there's an arrangement that is not strange to us, where Bermuda can reject participation in resources instances. We understand, I comprehend that, so I'm not being crucial of that provision being included in there.

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Are we impeded as a result of that or exists a method which we have the ability to coordinate under this treaty, also in those situations? Mr. Swartz. Mr. Chairman, we think and also we hope we still would be able to comply. Bermuda indicated, and has actually suggested the United States, that it schedules the right to refute assistance in resources cases where the sentence includes a feasible execution, relying upon the-- in contrast to the essential public law provision of Short article 3 of the convention.

Actually, we have that experience with other countries that have placed comparable analyses on the common lawful help obligations, and also we have actually been able to function out plans in a number of cases that permit us to obtain evidence or talk about whether the proof is considerable enough to go forward with some type of additional steps being taken.

Mr. Johnson. Mr. Johnson. Yes, Senator, if I can simply contribute to that, one of the factors this treaty took as lengthy it did to work out and end is because it was essential to us to ensure that there had not been a specific constraint on aid in funding instances in the treaty itself.

Swartz pertaining to you. Which method we assume that aids preserve the concept that is necessary to us, that such collaboration must be available, irrespective of the kind of instance. And also we believe this has actually likewise borne out with a few other countries, where also with comparable problems concerning teamwork in resources cases, they have, for instance, been able to give support to the nonpenalty stage of a trial or an additional celebration investigation.

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They do hold the right under this treaty to refute cooperation where the United States criminal justice system is looking for funding penalty? Legislator, they hold the right under the treaty to not give assistance in instances that are in contrast to public plan or their vital rate of interests, as well as they have actually informed us that they interpret that to allow them, in death fine situations, to exercise that.

Senator Cardin. I recognize that. I just wished to make it clear that they would not be a violation of the treaty. We understand their analysis, that if there was an instance pending here that we needed their help, where, clearly, the district attorneys were seeking the fatality charge, Bermuda could decide not to work together under this treaty (foreign tax credit).

If I could say, Mr. Chairman, significantly, the treaty would certainly require, given that this would certainly be a rejection under Short article 3 of the treaty, that initially there had to be appointments with the United States, prior to that rejection can go forward. And I believe that's a vital facet of the arrangement that Mr.

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Rather than having an explicit provision, stipulation is one of a set of collection under which assistance may help might after refuted, and, and also other amongst, that there must be have to as to whether assistance can aid given, subject to such conditions as problems requested country deems necessaryRegards

And I think that would certainly be useful for us to have that info in this board. Mr. Swartz. Thank you. foreign tax credit. We 'd rejoice to provide that. Senator Cardin. Ms. Mc, Carthy, you have the simplest task here, considering that this agreement was previously authorized by this committee. As I claimed in my opening, we accepted it far too late in the 111th Congress for action.

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Have there been any considerable modifications in our financial investment connection with Rwanda given that last November when you gave statement on this treaty? Ms. Mc, Carthy. Thanks, Mr. Chairman. What we have actually seen because last November is a boost in United States financial investment in Rwanda, and also 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. And, likewise, Marriott Hotels is entering to facilitate the nation's expanding hospitality industry. So I would certainly state that, given this pattern of enhanced investment, that it is important that the defenses be managed for them.

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capitalists. Senator Cardin. I thank you for that (foreign tax credit). You likewise discussed the reality that the United States is exploring various other bilateral investment treaties in Africa. I believe you stated another nation. I assume we have 5 existing bilateral investment treaties in Africa. Can you simply show us other countries that the United States has shown interest in working out treaties? Ms.

Senator Cardin. Thank you. I have actually been told by the team that I need to ask the question of whether the administration still sustains the Us senate passage of the Rwanda treaty, given that it was held over from the last Congress. For the record? Ms. Mc, Carthy. We certainly do. Legislator Cardin.



I assume that completes the questioning. I do value your perseverance with the board as well as thank you extremely a lot for your testimony today.

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Response. As established out below, we would love to provide upgraded information on reported UNITED STATE investment task in Rwanda. Aside from these updates, the answers given by the Department's witness in the 111th Congress remain precise. In 2009, the supply of UNITED STATE foreign straight financial investment in Rwanda was $1 million (according to the Bureau of Economic Analysis).

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And I assume that would be helpful for us to have that info in this committee. Ms. Mc, Carthy, you have the simplest task right here, considering that this agreement was formerly approved by this board. As I claimed in my opening, we authorized it too late in the 111th Congress for activity.

Have there been any type of substantial modifications in our financial investment connection with Rwanda because last November when you gave statement on this treaty? Ms. Mc, Carthy. Thanks, Mr. Chairman. What we have actually seen given that last November is a rise in United States financial investment in Rwanda, and I can offer you a few instances.

In February of this year, we have Hilton Hotels; it's is going to open up a major resort in Kigali. And also, also, Marriott Hotels is going in to help with the nation's expanding friendliness sector. I would claim that, provided this pattern of enhanced investment, that it is vital that the protections be managed for them.

You likewise discussed the truth that the United States is checking out other reciprocal investment treaties in Africa. I think we have five current bilateral financial investment treaties in Africa. Can you just share with us various other countries that the United States has revealed rate of interest in working out treaties?

I think that finishes the examining. I do appreciate your persistence with the board and thank you really much for your testimony today.

As established out below, we would such as to provide upgraded info on reported U.S. investment activity in Rwanda. 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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