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Published Oct 12, 21
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I want to offer you all a break for a moment and also turn to Mr. Swartz. Generally, we would have had two panels, yet we didn't know how the Senate would be running today, so in an initiative to make certain we obtained with all the treaties today, we did this as one panel.

Swartz, you aim out in your testament as well as your statements that the treaty with Bermuda likewise punctures financial institution privacy and gives a mechanism for us obtaining the info we need. There have actually been some mutual lawful support treaties which contain stipulations related directly to sharing financial institution records or various other economic details.

Swartz. Thanks, Mr. Chairman. When it come to that specific issue, the committee may be describing the fairly brand-new arrangement that shows up, as an example, in our E.U.-U.S. Mutual Legal Assistance Treaty, the identification of financial institution records provision. 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 celebration to inquire regarding whether an account exists in the requested country, or when it comes to the E.U., one of the asked for member states. However, thereafter, the request, if there is an identification of an account, should be adhered to up via a typical shared legal aid treaty.

And when it come to Bermuda, our document of participation has actually been excellent. We believe that the document we carry the production of records, consisting of financial institution documents, is such that we are certain that the provisions consisted of in this shared legal aid treaty, which do call for teamwork on the production of documents, will be sufficient to ensure that we obtain the documents we require for our financial examinations and various other investigations.

Some various other MLATs likewise enable for immediate, non-written type requests to be made. Mr. Chairman, while it is real that the Common Lawful Aid Treaty does require demands in written kind, it was the judgment of the arbitrators that it was enough that, in this situation, with respect to Bermuda, we would be able to get expeditious feedbacks to our requests and likewise give such reactions to Bermuda's demands, especially since we have a practice 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. So was this, generally, a decision made by UNITED STATE negotiators, that it was not necessary, recognizing exactly how we can swiftly obtain faxes as well as e-mails sent out? Is that reasonable sufficient to claim, or otherwise? Mr. Johnson. Senator, if I can help on that one? Senator Cardin. Sure. Mr. Johnson.

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Bermuda withstood that since they intended to make certain that the requests were clear and also in a much more official method. But in the negotiations, it likewise ended up being clear that they approved that such demand might be made by fax or by email. So the real concern they were worried regarding was not locating a rapid methods to make a demand, however really just taking oral demands off the table.

So we're certain that we've got the ways in position that we can make urgent requests of them in a means that will be reliable. Mr. Swartz. Mr. Chairman, if I could add, in reality, while it is an advantage to be able to make dental requests, in technique, it's really uncommon that we do so.

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

The difference between being able to do a dental demand or having the ability to utilize among these other really fast ways, we assume, is not substantial. Senator Cardin. There have actually been some concerns raised concerning the competence of Bermuda law relative to forfeits of earnings and also instrumentalities of criminal offenses.

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Mr. Chairman, we are. The Mutual Legal Help Treaty in Article 17 does obligate Bermuda to supply assistance to the United States in process connecting to forfeit of profits and instrumentalities of criminal offense, to the level allowed by the law of Bermuda.

We have actually had 2 examples of successful requests for restraint and forfeiture of possessions. Both instances were a success and we had the ability to acquire the funds. As a general matter, help is offered under the regulations of Bermuda, and I do believe that is necessary to tension, with regard to cold, confiscating, and restraining possessions, including for matters associating with terrorism and terrorism funding.

It needs to be kept in mind that forfeit help is not limited to what is allowed under Bermuda's domestic regulation. When it come to a UNITED STATE order, Bermuda can not forfeit a details agency of nondrug offenses, because that power doesn't exist locally. Once again, that's restricted to agencies in nondrug offense situations.

Senator Cardin. In the Bermuda contract, there's a stipulation that is not strange to us, where Bermuda can deny participation in capital situations.

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Are we prevented as a result of that or is there a method in which we are able to work together under this treaty, also in those situations? Mr. Chairman, we believe as well as we wish we still would certainly be able to coordinate.

As a matter of fact, we have that experience with other nations that have put similar interpretations on the shared lawful aid duties, as well as we have actually been able to work out setups in a number of instances that allow us to get proof or go over whether the proof is considerable enough to move forward with some type of further actions being taken.

Mr. Johnson. Mr. Johnson. Yes, Legislator, if I can simply include in that, one of the factors this treaty took as long it did to bargain as well as wrap up is because 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. Which way we think that aids preserve the concept that is very important to us, that such teamwork must be offered, irrespective of the sort of case. As well as we think this has actually additionally borne out with a few other countries, where despite similar problems about cooperation in resources instances, they have, as an example, had the ability to supply aid to the nonpenalty phase of a trial or an additional celebration investigation.

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They do hold the right under this treaty to deny cooperation where the United States criminal justice system is seeking funding punishment? Senator, they hold the right under the treaty to not supply assistance in cases that are in contrast to public plan or their crucial passions, as well as they have informed us that they analyze that to enable them, in fatality penalty instances, to exercise that.

I just desired to make it clear that they would certainly not be an infraction of the treaty. We recognize their analysis, that if there was a situation pending right here that we required their assistance, where, clearly, the prosecutors were seeking the death charge, Bermuda can determine not to work together under this treaty.

Swartz. If I could state, Mr. Chairman, significantly, the treaty would require, given that this would be a denial under Article 3 of the treaty, that first there had to be examinations with the United States, before that denial could move forward. As well as I believe that's an essential element of the settlement that Mr.

Rather than having an explicit stipulation, this is among a collection of conditions under which support might be rejected after assessment, and also, among various other things, that there need to be factor to consider regarding whether help can be provided, based on such problems as the requested nation regards needed. As well as our experience in that respect has been that we sometimes can find suitable assurances to allow proof to be generated, at the very least for initial assessment of the importance of evidence in case on the whole.

And I believe that would be useful for us to have that information in this board. Ms. Mc, Carthy, you have the easiest work below, given that this agreement was formerly authorized by this board. As I claimed in my opening, we authorized it too late in the 111th Congress for activity.

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Have there been any kind of substantial modifications in our investment connection with Rwanda because last November when you offered testimony on this treaty? What we have seen considering that last November is a rise in United States investment in Rwanda, as well as I can give you a few examples.

Additionally, in February of this year, we have Hilton Hotels; it's is mosting likely to open a major resort in Kigali. And, likewise, Marriott Hotels is going in to assist in the country's expanding hospitality industry. So I would state that, provided this pattern of enhanced financial investment, that it is essential that the defenses be managed for them.

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investors. Senator Cardin. I thank you for that (foreign tax credit). You likewise discussed the reality that the United States is checking out various other reciprocal investment treaties in Africa. I believe you mentioned another country. I think we have 5 present bilateral investment treaties in Africa. Can you simply show us various other nations that the United States has shown rate of interest in bargaining treaties? Ms.

Legislator Cardin. Thanks. I've been told by the team that I ought to ask the concern of whether the management still supports the Us senate adoption 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 assume that completes the questioning. We might have some extra questions for the document. As you know, the document stays open for 1 day, so you get a break. That's a rather quick turnaround time for this committee. But I do appreciate your persistence with the committee and also thanks quite for your testimony today.

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Response. As established out listed below, we would like to provide updated information on reported UNITED STATE financial investment task in Rwanda. Besides these updates, the responses offered by the Division's witness in the 111th Congress stay 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 believe that would be useful for us to have that details in this committee. Mr. Swartz. Thank you. We would certainly be happy to provide that. Senator Cardin. Ms. Mc, Carthy, you have the most convenient task here, because this arrangement was previously accepted by this board. As I stated in my opening, we accepted it as well late in the 111th Congress for action.

Have there been any type of considerable modifications in our financial investment relationship with Rwanda given that last November when you offered testament on this treaty? What we have seen because last November is a boost in United States investment in Rwanda, and also I can provide 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, additionally, Marriott Hotels is entering to promote the country's growing friendliness sector. I would claim that, given this pattern of increased financial investment, that it is essential that the securities be managed for them.

financiers. Legislator Cardin (foreign tax credit). I thank you for that. You likewise discussed the fact that the United States is discovering various other reciprocal financial investment treaties in Africa. I believe you mentioned another nation. I assume we have 5 existing reciprocal financial investment treaties in Africa. Can you just share with us various other nations that the United States has revealed rate of interest in working out treaties? Ms.

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Senator Cardin. Thank you. I've been informed by the staff that I need to ask the inquiry of whether the management still supports the Senate adoption of the Rwanda treaty, since it was held over from the last Congress. For the document? Ms. Mc, Carthy. We definitely do. Senator Cardin.

I believe that finishes the examining. I do appreciate your perseverance with the committee and also thank you very a lot for your testament today.

Response. As established out listed below, we would love to offer updated information on reported UNITED STATE financial investment task in Rwanda. Aside from these updates, the solutions provided by the Division's witness in the 111th Congress continue to be exact. In 2009, the stock of U.S. foreign straight investment in Rwanda was $1 million (according to the Bureau of Economic Evaluation).

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