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I desire to provide you all a break for a minute and transform to Mr. Swartz. Normally, we would certainly have had two panels, but we really did not recognize how the Us senate would certainly be running today, so in an initiative to make sure we obtained with all the treaties today, we did this as one panel.

Swartz, you direct out in your testimony as well as your statements that the treaty with Bermuda additionally pierces bank secrecy as well as provides a device for us getting the info we need. There have actually been some mutual lawful support treaties that include stipulations relevant straight to sharing financial institution records or other financial information.

That was a stipulation that was composed and embraced in the context of the E.U.

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Under that provision, it's possible for the requesting party asking for event information as to whether an account exists in the requested countryAsked for or in the case of situation E.U., one of the requested member statesParticipant After that, the demand, if there is a recognition of an account, must be complied with up through a basic shared lawful assistance treaty.

And also when it come to Bermuda, our document of cooperation has been extremely excellent. Our company believe that the document we carry the manufacturing of documents, consisting of bank records, is such that we are certain that the provisions consisted of in this shared legal aid treaty, which do require teamwork on the production of records, will certainly be sufficient to ensure that we get the records we need for our monetary investigations and also various other examinations.

A few other MLATs also permit urgent, non-written kind requests to be made. It's my understanding that in Bermuda, it must be in written form. Any reason why that provision was not included in this arrangement? Mr. Swartz. Mr. Chairman, while it holds true that the Common Lawful Aid Treaty does require requests in written kind, it was the judgment of the arbitrators that it was adequate that, in this instance, when it come to Bermuda, we would certainly have the ability to get quick actions to our requests as well as also supply such actions to Bermuda's requests, especially since we have a practice already established that will certainly proceed, our company believe, under the treaty of being able to share those requests through email or through fax.

Legislator Cardin. Was this, basically, a decision made by UNITED STATE negotiators, that it was not necessary, recognizing just how we can rapidly get faxes and emails sent? Is that reasonable enough to state, or otherwise? Mr. Johnson. Legislator, if I can help on that one? Senator Cardin. Certain. Mr. Johnson.

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Bermuda stood up to that due to the fact that they wanted to make sure that the requests were clear and also in a much more official means. In the negotiations, it likewise came to be clear that they accepted that such request can be made by fax or by e-mail. The genuine issue they were worried about was not locating a fast means to make a request, but truly just taking oral demands off the table.

So we're positive that we've got the ways in place that we can make immediate requests of them in such a way that will be efficient. Mr. Swartz. Mr. Chairman, if I might add, as a matter of fact, while it is an advantage to be able to make dental requests, in method, it's really rare that we do so.

Legislator Cardin. My major problem is just, in immediate matters, that it's not postponed. As well as with modern-day communication, it appears to me that can most likely be handled. I'm extra worried concerning bank records. Mr. Johnson, do have any kind of remarks on the financial institution records issue? Mr. Johnson. Once more, not specifically on the financial institution issue.

The distinction in between having the ability to do a dental demand or having the ability to make use of among these other extremely quick means, we assume, is not consequential. Senator Cardin. There have actually been some concerns elevated concerning the competence of Bermuda law with respect to forfeitures of profits as well as instrumentalities of criminal offenses.

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Swartz. Mr. Chairman, we are. Obviously, the development of loss legislation is an essential as well as progressive issue. We've seen a number of adjustments throughout the years, consisting of right here in the United States. However the Common Legal Help Treaty in Article 17 does obligate Bermuda to supply support to the United States in process associating with loss of proceeds and also instrumentalities of crime, to the degree allowed by the regulation of Bermuda.

We've had two instances of successful demands for restriction and forfeiture of possessions. Both circumstances were a success as well as we had the ability to get the funds. As a general issue, support is available under the legislations of Bermuda, and I do assume that is essential to tension, when it come to cold, taking, and also limiting assets, including for matters associating with terrorism as well as terrorism funding.

Yet it must be noted that forfeiture help is not limited to what is permitted under Bermuda's residential law. With regard to an U.S. order, Bermuda can not waive a particular agency of nondrug offenses, because that power doesn't exist locally. Once more, that's limited to agencies in nondrug violation instances.

Legislator Cardin. Thanks. Let me just ask the general concern, and any kind of among you can reply to it. In the Bermuda arrangement, there's a provision that is not unfamiliar to us, where Bermuda can deny teamwork in capital cases. We comprehend, I comprehend that, so I'm not being vital of that arrangement being included in there.

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Are we impeded as a result of that or is there a way in which we are able to comply under this treaty, even in those instances? Mr. Chairman, we believe as well as we hope we still would certainly be able to work together.

We have that experience with various other countries that have put similar analyses on the mutual legal support responsibilities, as well as we have actually been able to function out arrangements in a number of instances that enable us to acquire proof or talk about whether the evidence is significant sufficient to go forward with some kind of more steps being taken.

Mr. Johnson. Mr. Johnson. Yes, Legislator, if I could simply contribute to that, one of the factors this treaty took as long it did to discuss and end is due to the fact that it was necessary to us to ensure that there wasn't a specific restriction on support in funding situations in the treaty itself.

Swartz related to you. And that way we assume that assists keep the concept that's essential to us, that such cooperation ought to be offered, irrespective of the sort of case. And also we assume this has actually additionally substantiated with a few other countries, where despite having similar issues regarding teamwork in funding instances, they have, as an example, had the ability to supply aid to the nonpenalty stage of a test or another event examination.

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They do hold the right under this treaty to deny collaboration where the United States criminal justice system is seeking capital penalty? Senator, they hold the right under the treaty to not offer assistance in cases that are in contrast to public policy or their necessary rate of interests, as well as they have actually informed us that they interpret that to allow them, in death penalty situations, to exercise that.

I simply wanted to make it clear that they would certainly not be an offense of the treaty. We understand their interpretation, that if there was a situation pending here that we needed their help, where, clearly, the prosecutors were seeking the fatality penalty, Bermuda might determine not to cooperate under this treaty.

If I might say, Mr. Chairman, importantly, the treaty would call for, considering that this would certainly be a rejection under Post 3 of the treaty, that first there had to be appointments with the United States, before that rejection can go forward. As well as I think that's an important aspect of the negotiation that Mr.

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Rather than having an explicit provision, stipulation is one of a set of conditions under which assistance may be denied after refuted, appointment, and also other thingsVarious other points there must be consideration as factor to consider whether assistance can be given, offered to such conditions as the requested country deems necessaryRegards

And also I believe that would be helpful for us to have that information in this committee. Ms. Mc, Carthy, you have the easiest task here, because this arrangement was previously accepted by this board. As I claimed in my opening, we approved it also late in the 111th Congress for activity.

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Have there been any kind of substantial modifications in our investment relationship with Rwanda given that last November when you gave testament on this treaty? Ms. Mc, Carthy. Thank you, Mr. Chairman. What we have seen because last November is a boost in United States financial investment in Rwanda, as well as 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 hotel in Kigali. And also, likewise, Marriott Hotels is going in to help with the country's expanding friendliness sector. I would state that, given this pattern of enhanced investment, that it is crucial that the securities be afforded for them.

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You likewise pointed out the truth that the United States is checking out various other reciprocal investment treaties in Africa. I believe we have five existing reciprocal investment treaties in Africa. Can you just share with us various other nations that the United States has shown interest in negotiating treaties?

I think that finishes the questioning. We may have some additional questions for the document. As you recognize, the document continues to be open for 24 hours, so you obtain a break. That's a pretty rapid turn-around time for this board. I do value your persistence with the committee as well as thank you extremely much for your statement today.

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Solution. As set out listed below, we wish to give upgraded information on reported UNITED STATE investment task in Rwanda. Various other than these updates, the solutions supplied by the Division's witness in the 111th Congress continue to be precise. In 2009, the supply of UNITED STATE foreign straight financial investment in Rwanda was $1 million (according to the Bureau of Economic Evaluation).

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As well as I assume that would be valuable for us to have that details in this committee. Ms. Mc, Carthy, you have the simplest task right here, given that this contract was formerly approved by this committee. As I claimed in my opening, we approved it too late in the 111th Congress for activity.

Have there been any kind of considerable changes in our financial investment connection with Rwanda because last November when you provided testament on this treaty? Ms. Mc, Carthy. Thank you, 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.

Also, in February of this year, we have Hilton Hotels; it's is going to open up a significant hotel in Kigali. And also, also, Marriott Hotels is going in to promote the country's expanding friendliness market. I would say that, provided this pattern of increased financial investment, that it is crucial that the securities be afforded for them.

You likewise stated the reality that the United States is checking out various other reciprocal financial investment treaties in Africa. I believe we have 5 existing reciprocal investment treaties in Africa. Can you simply share with us other countries that the United States has shown interest in discussing treaties?

I think that finishes the questioning. We may have some extra inquiries for the record. As you recognize, the record remains open for 24-hour, so you get a break. That's a rather fast turn-around time for this committee. But I do value your perseverance with the committee as well as thanks quite for your testimony today.

Response. As laid out listed below, we would love to offer updated details on reported UNITED STATE financial investment activity in Rwanda. Various other than these updates, the responses supplied by the Division's witness in the 111th Congress stay exact. 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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