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Well, thanks really much. I wish to provide you all a break for a minute as well as resort to Mr. Swartz. You've been extremely patient, the three of you. I appreciate that quite. Generally, we would certainly have had two panels, yet we didn't recognize just how the Us senate would be running today, so in an effort to ensure we survived all the treaties today, we did this as one panel.

Swartz, you mention in your testament and also your declarations that the treaty with Bermuda also pierces financial institution privacy and also provides a system for us getting the details we need. There have been some common legal help treaties that have provisions relevant straight to sharing financial institution records or other financial information.

Swartz. Thanks, Mr. Chairman. With respect to that specific problem, the board might be referring to the relatively brand-new provision that appears, for example, in our E.U.-U.S. Mutual Legal Support Treaty, the recognition of bank records stipulation. That was an arrangement that was drafted and embraced in the context of the E.U.

Under that stipulation, it's feasible for the requesting party to inquire regarding whether an account exists in the asked for nation, or when it comes to the E.U., among the asked for member states. Thereafter, the demand, if there is an identification of an account, need to be complied with up through a conventional shared lawful support treaty.

And with respect to Bermuda, our document of collaboration has been excellent. We believe that the document we have on the production of documents, including bank documents, is such that we are confident that the arrangements consisted of in this common legal help treaty, which do require cooperation on the production of documents, will be enough to ensure that we get the records we require for our economic investigations as well as various other examinations.

A few other MLATs likewise enable urgent, non-written form requests to be made. It's my understanding that in Bermuda, it needs to remain in written type. Any reason why that stipulation was not consisted of in this agreement? Mr. Swartz. Mr. Chairman, while it holds true that the Mutual Legal Assistance Treaty does require demands in written type, 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 expeditious responses to our requests as well as additionally provide such reactions to Bermuda's requests, particularly since we have a technique currently established that will continue, our team believe, under the treaty of having the ability to share those demands via email or through fax.

Legislator Cardin. So was this, basically, a choice made by UNITED STATE negotiators, that it was not essential, understanding exactly how we can quickly obtain faxes as well as e-mails sent out? Is that fair sufficient to say, or otherwise? Mr. Johnson. Legislator, if I can assist on that particular one? Legislator Cardin. Sure. Mr. Johnson.

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Bermuda resisted that since they wished to ensure that the demands were clear as well as in an extra official way. In the negotiations, it additionally ended up being clear that they accepted that such demand might be made by fax or by email. The real issue they were concerned concerning was not finding a fast ways to make a demand, but really simply taking dental demands off the table.

So we're confident that we've got the ways in position that we can make immediate requests of them in such a way that will certainly be effective. Mr. Swartz. Mr. Chairman, if I may include, actually, while it is an advantage to be able to make oral requests, in method, it's really unusual that we do so.

Legislator Cardin. My primary worry is just, in urgent matters, that it's not postponed. And also with modern-day interaction, it seems to me that can possibly be handled. I'm a lot more concerned about bank documents. Mr. Johnson, do have any comments on the bank documents issue? Mr. Johnson. Once more, not specifically on the financial institution concern.

The difference in between having the ability to do an oral request or having the ability to use one of these other very quick ways, we think, is not substantial. Senator Cardin. There've been some problems increased about the competence of Bermuda regulation relative to forfeits of proceeds and agencies of criminal offenses.

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Swartz. Mr. Chairman, we are. Naturally, the development of forfeiture regulation is a crucial and dynamic issue. We have actually seen a number of changes throughout the years, consisting of below in the United States. Yet the Mutual Legal Help Treaty in Article 17 does obligate Bermuda to give assistance to the United States in process connecting to loss of proceeds and also instrumentalities of criminal activity, to the extent allowed by the legislation of Bermuda.

We've had 2 examples of successful requests for restriction as well as loss of properties. Both circumstances were a success and we were able to acquire the funds. As a general issue, help is available under the laws of Bermuda, and also I do believe that is very important to stress, when it come to freezing, taking, and restraining properties, consisting of for issues associating with terrorism as well as terrorism funding.

It should be kept in mind that forfeit aid is not limited to what is permitted under Bermuda's residential law. When it come to an U.S. order, Bermuda can not waive a particular agency of nondrug offenses, because that power doesn't exist domestically. But once more, that's limited to instrumentalities in nondrug crime cases.

Senator Cardin. In the Bermuda contract, there's an arrangement that is not unfamiliar to us, where Bermuda can deny collaboration in capital situations.

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

Actually, we have that experience with various other countries that have placed comparable analyses on the common legal support obligations, as well as we've been able to exercise plans in a number of situations that permit us to obtain evidence or review whether the proof is substantial sufficient to move forward with some type of more actions being taken.

Mr. Johnson. Mr. Johnson. Yes, Legislator, if I might just add to that, among the reasons this treaty took as lengthy it did to bargain and end is due to the fact that it was essential to us to make sure that there wasn't an express restriction on aid in capital instances in the treaty itself.

Swartz related to you. And also that way we believe that assists keep the principle that is essential to us, that such collaboration must be readily available, irrespective of the type of instance. And also we assume this has likewise borne out with a few other nations, where despite having comparable worries about cooperation in resources situations, they have, for example, been able to provide aid to the nonpenalty phase of a test or another event examination.

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Legislator Cardin. They do hold the right under this treaty to reject collaboration where the United States criminal justice system is seeking resources penalty? Mr. Johnson. Legislator, they hold the right under the treaty to not give support in situations that contrast public law or their necessary interests, and also they have informed us that they analyze that to enable them, in fatality penalty cases, to work out that.

I simply desired to make it clear that they would not be an infraction of the treaty. We understand their interpretation, that if there was a situation pending right here that we needed their aid, where, plainly, the prosecutors were seeking the death penalty, Bermuda might choose not to coordinate under this treaty.

If I could state, Mr. Chairman, notably, the treaty would require, because this would be a denial under Article 3 of the treaty, that first there had to be consultations with the United States, before that denial could go forward. And also I assume that's an important aspect of the settlement that Mr.

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Rather than having an explicit provision, this is one of a set of conditions under which assistance may aid might after refuted, and, as well as other things, that there must be have to as factor to consider whether assistance can help given, subject to such conditions as the requested country deems nationRegards

And also I believe that would certainly be helpful for us to have that information in this board. Mr. Swartz. Thanks. foreign tax credit. We 'd be thankful to supply that. Senator Cardin. Ms. Mc, Carthy, you have the easiest task below, given that this arrangement was previously authorized by this board. As I said in my opening, we authorized it far too late in the 111th Congress for action.

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

Additionally, in February of this year, we have Hilton Hotels; it's is going to open a significant hotel in Kigali. And also, additionally, Marriott Hotels is going in to help with the country's expanding hospitality industry. I would say that, provided this pattern of boosted financial investment, that it is essential that the securities be managed for them.

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capitalists. Legislator Cardin. I thank you for that (foreign tax credit). You additionally mentioned the truth that the United States is checking out various other bilateral investment treaties in Africa. I believe you discussed another country. I believe we have 5 existing reciprocal financial investment treaties in Africa. Can you just show us other countries that the United States has shown passion in bargaining treaties? Ms.

Legislator Cardin. Thanks. I have actually been told by the staff that I need to ask the inquiry of whether the administration still supports the Senate ratification of the Rwanda treaty, considering that it was held over from the last Congress. So, for the record? Ms. Mc, Carthy. We definitely do. Legislator Cardin.

I believe that finishes the questioning. I do appreciate your perseverance with the committee and thank you extremely much for your testimony today.

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As established out listed below, we would certainly such as to give updated information on reported UNITED STATE investment task 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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As well as I believe that would be handy for us to have that details in this board. Mr. Swartz. Thank you. We 'd rejoice to provide that. Senator Cardin. Ms. Mc, Carthy, you have the most convenient job here, since this arrangement was formerly authorized by this committee. As I said in my opening, we accepted it also late in the 111th Congress for activity.

Have there been any significant modifications in our investment partnership with Rwanda given that last November when you provided statement on this treaty? Ms. Mc, Carthy. Thank you, Mr. Chairman. What we have actually seen considering that last November is a rise in United States investment in Rwanda, as well as I can offer you a couple of instances.

In February of this year, we have Hilton Hotels; it's is going to open up a significant hotel in Kigali. And, also, Marriott Hotels is going in to assist in the nation's growing hospitality industry. I would state that, provided this pattern of boosted investment, that it is crucial that the protections be managed for them.

financiers. Legislator Cardin (foreign tax credit). I thanks for that. You likewise mentioned the fact that the United States is checking out various other reciprocal investment treaties in Africa. I think you discussed one other nation. I believe we have five current reciprocal investment treaties in Africa. Can you just show to us various other nations that the United States has revealed rate of interest in discussing treaties? Ms.

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Senator Cardin. Thanks. I've been informed by the team that I ought to ask the concern of whether the management still supports the Senate passage of the Rwanda treaty, given that it was held over from the last Congress. So, for the record? Ms. Mc, Carthy. We absolutely do. Legislator Cardin.

I believe that completes the examining. We might have some additional questions for the record. As you understand, the record stays open for 24 hours, so you get a break. That's a rather fast turn-around time for this board. Yet I do appreciate your persistence with the committee and also thank you significantly for your testimony today.

As set out below, we would like to supply updated information on reported UNITED STATE investment task in Rwanda. In 2009, the supply of UNITED STATE foreign straight investment in Rwanda was $1 million (according to the Bureau of Economic Evaluation).

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