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Published Oct 27, 21
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Well, thank you quite. I wish to provide you all a break for a minute as well as rely on Mr. Swartz. You've been extremely patient, the 3 of you. I value that significantly. Typically, we would certainly have had two panels, but we didn't know exactly how the Us senate would be operating today, so in an effort to ensure we got via all the treaties today, we did this as one panel.

Swartz, you mention in your testament and your statements that the treaty with Bermuda additionally pierces bank privacy and offers a device for us obtaining the info we need. There have actually been some shared legal support treaties which contain stipulations relevant straight to sharing financial institution records or other financial info.

That was a stipulation that was prepared and taken on in the context of the E.U.

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Under that provision, stipulation's possible for the requesting party asking for seek information as details whether an account exists in the requested country, nation in the case of situation E.U., one of the requested member asked forParticipant After that, the request, if there is a recognition of an account, have to be adhered to up with a basic mutual legal help treaty.

And with respect to Bermuda, our document of teamwork has been excellent. We think that the record we carry the production of documents, including financial institution records, is such that we are certain that the arrangements consisted of in this common legal aid treaty, which do need teamwork on the manufacturing of documents, will certainly be sufficient to guarantee that we acquire the records we need for our economic examinations as well as various other examinations.

Some various other MLATs additionally permit for urgent, non-written type demands to be made. Mr. Chairman, while it is true that the Common Legal Aid Treaty does call for requests in written type, it was the judgment of the mediators that it was adequate that, in this case, with respect to Bermuda, we would certainly be able to acquire quick reactions to our demands and additionally provide such responses to Bermuda's demands, especially since we have a method currently established that will certainly continue, we think, under the treaty of being able to communicate those demands via email or through fax.

Legislator Cardin. Mr. Johnson. Mr. Johnson.

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Bermuda resisted that due to the fact that they wished to see to it that the demands were clear and in a more formal method. In the settlements, it likewise became clear that they approved that such demand can be made by fax or by e-mail. So the actual problem they were worried regarding was not discovering a fast methods to make a request, however actually simply taking oral demands off the table.

So we're positive that we have actually obtained the methods in position that we can make immediate demands of them in a manner that will work. Mr. Swartz. Mr. Chairman, if I may include, actually, while it is an advantage to be able to make dental requests, in method, it's really unusual that we do so.

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

The difference between having the ability to do an oral request or having the ability to utilize one of these various other very rapid means, we think, is not substantial. Legislator Cardin. There've been some problems raised concerning the adequacy of Bermuda regulation relative to forfeitures of earnings and instrumentalities of criminal offenses.

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Mr. Chairman, we are. The Common Lawful Assistance Treaty in Article 17 does obligate Bermuda to provide support to the United States in procedures associating to forfeit of proceeds as well as agencies of criminal offense, to the degree allowed by the regulation of Bermuda.

We have actually had 2 instances of effective requests for restraint and also forfeit of possessions. Both circumstances were a success and we were able to acquire the funds. As a basic issue, aid is offered under the legislations of Bermuda, as well as I do assume that is essential to tension, when it come to freezing, taking, as well as restraining properties, consisting of for issues connecting to terrorism as well as terrorism funding.

But it must be noted that loss assistance is not limited to what is permitted under Bermuda's residential legislation. With regard to a UNITED STATE order, Bermuda can not waive a specific agency of nondrug offenses, since that power does not exist locally. But once again, that's restricted to instrumentalities in nondrug violation situations.

Senator Cardin. In the Bermuda agreement, there's an arrangement that is not unknown to us, where Bermuda can refute teamwork in capital instances.

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Are we prevented as a result of that or is there a method in which we are able to cooperate under this treaty, even in those situations? Mr. Chairman, we think and we wish we still would certainly be able to cooperate.

We have that experience with various other nations that have put similar analyses on the shared legal help responsibilities, and also we've been able to work out plans in a number of situations that permit us to get proof or talk about whether the proof is significant sufficient to go onward with some kind of more steps being taken.

Mr. Johnson. Mr. Johnson. Yes, Senator, if I could simply contribute to that, among the reasons this treaty took as long it did to work out and also end is due to the fact that it was necessary to us to make certain that there had not been a specific constraint on aid in resources situations in the treaty itself.

Swartz pertaining to you. As well as that method we believe that aids preserve the concept that is essential to us, that such teamwork must be readily available, irrespective of the sort of instance. And we assume this has additionally substantiated with a few other nations, where despite having comparable worries regarding collaboration in capital situations, they have, for instance, had the ability to give aid to the nonpenalty stage of a trial or an additional celebration examination.

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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 looking for capital punishment? Mr. Johnson. Senator, they hold the right under the treaty to not supply help in instances that are contrary to public plan or their necessary interests, and they have told us that they translate that to enable them, in capital punishment cases, to work out that.

Legislator Cardin. I recognize that. I simply intended to make it clear that they would certainly not be a violation of the treaty. We comprehend their analysis, that if there was an instance pending here that we needed their aid, where, plainly, the district attorneys were seeking the capital punishment, Bermuda can decide not to cooperate under this treaty (foreign tax credit).

If I can say, Mr. Chairman, notably, the treaty would certainly call for, since this would be a rejection under Article 3 of the treaty, that first there had to be consultations with the United States, prior to that rejection could go forward. And I assume that's an essential element of the arrangement that Mr.

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Rather than having an explicit provisionSpecific this is one of a set of conditions under problems assistance may be might after consultation, and, among other amongstVarious other points there must be need to as to whether assistance can be given, provided to such conditions as the requested country asked for necessaryConsiders

And I assume that would be practical for us to have that information in this committee. Ms. Mc, Carthy, you have the most convenient job right here, considering that this agreement was previously accepted by this board. As I said in my opening, we authorized it too late in the 111th Congress for action.

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Have there been any significant modifications in our investment relationship with Rwanda since last November when you provided testimony on this treaty? What we have actually seen considering that last November is an increase in United States investment in Rwanda, and also I can give you a few examples.

Likewise, in February of this year, we have Hilton Hotels; it's is mosting likely to open up a major hotel in Kigali. As well as, additionally, Marriott Hotels is entering to help with the country's expanding hospitality market. I would claim that, provided this pattern of boosted financial investment, that it is vital that the protections be afforded for them.

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capitalists. Senator Cardin. I thank you for that (foreign tax credit). You additionally mentioned the fact that the United States is exploring various other bilateral investment treaties in Africa. I believe you mentioned one various other nation. I believe we have five present bilateral investment treaties in Africa. Can you just show us various other countries that the United States has shown passion in negotiating treaties? Ms.

Senator Cardin. Thank you. I have actually been informed by the personnel that I should ask the question of whether the administration still sustains the Us senate adoption of the Rwanda treaty, given that it was held over from the last Congress. So, for the document? Ms. Mc, Carthy. We absolutely do. Senator Cardin.

I think that completes the questioning. I do appreciate your persistence with the committee as well as thank you extremely a lot for your testimony today.

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Solution. As established out below, we would love to give upgraded info on reported U.S. investment task in Rwanda. Aside from these updates, the responses offered by the Department's witness in the 111th Congress continue to be exact. 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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And I think that would be useful for us to have that information in this committee. Mr. Swartz. Thanks. We would certainly rejoice to provide that. Legislator Cardin. Ms. Mc, Carthy, you have the most convenient work below, because this contract was formerly authorized by this committee. As I stated in my opening, we authorized it also late in the 111th Congress for activity.

Have there been any type of considerable changes in our investment partnership with Rwanda because last November when you offered testament on this treaty? What we have actually seen given that last November is an increase in United States financial investment in Rwanda, and also I can provide 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 facilitate the country's growing friendliness market. I would certainly state that, given this pattern of boosted investment, that it is vital that the defenses be managed for them.

investors. Senator Cardin (foreign tax credit). I thanks for that. You likewise mentioned the fact that the United States is discovering other reciprocal investment treaties in Africa. I think you pointed out one various other country. I think we have 5 present reciprocal financial investment treaties in Africa. Can you simply share with us various other nations that the United States has revealed rate of interest in bargaining treaties? Ms.

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Legislator Cardin. Thank you. I've been informed by the team that I must ask the question of whether the management still sustains the Senate ratification of the Rwanda treaty, since it was held over from the last Congress. For the record? Ms. Mc, Carthy. We definitely do. Senator Cardin.

I assume that completes the questioning. We might have some added concerns for the record. As you know, the record continues to be open for 24 hours, so you obtain a break. That's a pretty rapid turnaround time for this board. I do appreciate your perseverance with the board and also thank you really much for your statement today.

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

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