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Published Sep 11, 21
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I desire to give you all a break for a minute and also turn to Mr. Swartz. Typically, we would have had 2 panels, but we really did not understand exactly how the Us senate would certainly be operating today, so in an effort to make sure we got through all the treaties today, we did this as one panel.

Swartz, you aim out in your testimony and also your declarations that the treaty with Bermuda also punctures bank secrecy and also supplies a mechanism for us obtaining the details we need. There have been some mutual legal assistance treaties which contain arrangements associated straight to sharing financial institution documents or various other monetary info.

Swartz. Thanks, Mr. Chairman. With respect to that specific issue, the committee might be referring to the fairly brand-new stipulation that appears, for instance, in our E.U.-U.S. Mutual Legal Help Treaty, the recognition of financial institution documents provision. That was a stipulation that was prepared and adopted in the context of the E.U.

Under that provision, it's possible for the requesting party to inquire regarding whether an account exists in the requested nation, or in the situation of the E.U., among the requested participant states. But, after that, the demand, if there is an identification of an account, have to be complied with up with a standard mutual legal support treaty.

And also with regard to Bermuda, our document of participation has been really good. Our company believe that the record we have on the production of documents, consisting of bank records, is such that we are confident that the arrangements consisted of in this mutual lawful support treaty, which do require cooperation on the manufacturing of records, will certainly suffice to make sure that we obtain the records we need for our financial examinations as well as various other examinations.

Some various other MLATs likewise enable for immediate, non-written form demands to be made. Mr. Chairman, while it is real that the Mutual Legal Assistance Treaty does need requests in written type, it was the judgment of the arbitrators that it was sufficient that, in this instance, with regard to Bermuda, we would be able to obtain expeditious responses to our demands as well as additionally supply such feedbacks to Bermuda's demands, especially because we have a practice already established that will proceed, 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 stood up to that since they wanted to make certain that the requests were clear and also in an extra formal means. In the settlements, it likewise ended up being clear that they accepted that such request might be made by fax or by e-mail. So the real issue they were worried about was not locating a quick ways to make a demand, however truly just taking dental requests off the table.

So we're confident that we've obtained the ways in position that we can make immediate demands of them in such a way that will work. Mr. Swartz. Mr. Chairman, if I could include, actually, while it is a benefit to be able to make dental demands, in technique, it's really unusual that we do so.

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

The distinction in between being able to do a dental request or having the ability to use one of these various other very quick methods, we think, is not substantial. Senator Cardin. There've been some concerns increased regarding the adequacy of Bermuda law relative to loss of earnings as well as instrumentalities of criminal offenses.

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Swartz. Mr. Chairman, we are. Of training course, the growth of forfeit law is a vital and progressive matter. We've seen a variety of adjustments throughout the years, consisting of right here in the United States. The Common Legal Support Treaty in Post 17 does obligate Bermuda to supply help to the United States in process connecting to forfeiture of earnings as well as agencies of criminal activity, to the degree allowed by the legislation of Bermuda.

We have actually had 2 examples of successful demands for restriction and also forfeiture of properties. Both circumstances were a success and also we were able to acquire the funds. As a general matter, help is offered under the laws of Bermuda, and I do think that is very important to stress and anxiety, when it come to freezing, taking, as well as limiting assets, consisting of for issues connecting to terrorism as well as terrorism financing.

However it must be noted that loss support is not limited to what is allowed under Bermuda's residential legislation. When it come to a UNITED STATE order, Bermuda can not waive a details agency of nondrug offenses, because that power doesn't exist domestically. However again, that's restricted to agencies in nondrug infraction cases.

Legislator Cardin. In the Bermuda arrangement, there's a provision that is not strange to us, where Bermuda can refute collaboration in resources instances.

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Are we impeded as an outcome of that or is there a means in which we are able to comply under this treaty, even in those cases? Mr. Swartz. Mr. Chairman, our team believe as well as we hope we still would certainly have the ability to work together. Bermuda indicated, and has advised the United States, that it schedules the right to reject help in funding instances where the sentence consists of a possible death charge, depending on the-- as opposed to the important public law stipulation of Post 3 of the convention.

In reality, we have that experience with other countries that have placed similar interpretations on the mutual legal aid responsibilities, as well as we've been able to exercise plans in a variety of instances that permit us to obtain proof or talk about whether the evidence is substantial sufficient to move forward with some type of further steps being taken.

Mr. Johnson. Mr. Johnson. Yes, Senator, if I could just include to that, one of the factors this treaty took as long it did to negotiate as well as conclude is because it was essential to us to make certain that there had not been a specific limitation on assistance in capital instances in the treaty itself.

Swartz associated to you. And also that means we believe that helps maintain the concept that is very important to us, that such participation must be offered, irrespective of the kind of instance. And also we assume this has actually also borne out with a few other countries, where despite comparable worries concerning collaboration in capital cases, they have, as an example, been able to give assistance to the nonpenalty stage of a trial or an additional event investigation.

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Senator Cardin. However they do hold the right under this treaty to refute collaboration where the United States criminal justice system is looking for death sentence? Mr. Johnson. Legislator, they hold the right under the treaty to not provide help in cases that are contrary to public law or their crucial passions, as well as they have actually informed us that they analyze that to allow them, in execution cases, to work out that.

Senator Cardin. I recognize that. I simply wished to make it clear that they would certainly not be a violation of the treaty. We understand their analysis, that if there was a situation pending right here that we required their aid, where, plainly, the prosecutors were seeking the execution, Bermuda could decide not to comply under this treaty (foreign tax credit).

If I might claim, Mr. Chairman, importantly, the treaty would require, given that this would be a rejection under Post 3 of the treaty, that first there had to be assessments with the United States, prior to that denial can go onward. And also I think that's an essential element of the arrangement that Mr.

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Rather than having an explicit provisionSpecific arrangement is one of a set of conditions under which assistance may help denied after refuted, examination, and also other things, that there must be consideration as to whether assistance can be given, provided to such conditions as problems requested country deems necessary.

As well as I believe that would be practical for us to have that details in this board. Ms. Mc, Carthy, you have the simplest work right here, given that this agreement was previously approved by this board. As I stated in my opening, we authorized it also late in the 111th Congress for action.

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Have there been any type of considerable adjustments in our financial investment partnership with Rwanda because last November when you provided testament on this treaty? Ms. Mc, Carthy. Thank you, Mr. Chairman. What we have actually seen because last November is a boost in United States investment in Rwanda, and I can offer you a couple of examples.

In February of this year, we have Hilton Hotels; it's is going to open up a significant resort in Kigali. And also, additionally, Marriott Hotels is going in to facilitate the country's growing hospitality sector. So I would claim that, offered this pattern of enhanced investment, that it is very important that the defenses be afforded for them.

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You also stated the reality that the United States is exploring other reciprocal financial investment treaties in Africa. I think we have 5 current bilateral financial investment treaties in Africa. Can you simply share with us various other countries that the United States has revealed interest in negotiating treaties?

I believe that finishes the examining. I do appreciate your perseverance with the committee as well as thank you very a lot for your statement today.

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Solution. As established out listed below, we wish to supply upgraded info on reported UNITED STATE financial investment task in Rwanda. Besides these updates, the solutions supplied by the Division's witness in the 111th Congress stay accurate. In 2009, the supply of U.S. foreign straight financial investment in Rwanda was $1 million (according to the Bureau of Economic Analysis).

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And also I assume that would be valuable for us to have that info in this committee. Ms. Mc, Carthy, you have the simplest job here, since this agreement was formerly accepted by this committee. As I said in my opening, we accepted it as well late in the 111th Congress for activity.

Have there been any type of significant modifications in our investment connection with Rwanda given that last November when you offered testament on this treaty? What we have seen given that last November is an increase in United States investment in Rwanda, and also I can offer you a couple of instances.

Additionally, in February of this year, we have Hilton Hotels; it's is mosting likely to open up a significant hotel in Kigali. And, additionally, Marriott Hotels is going in to promote the nation's growing hospitality sector. I would certainly state that, provided this pattern of increased investment, that it is crucial that the securities be afforded for them.

You likewise mentioned the reality that the United States is checking out various other bilateral financial investment treaties in Africa. I think we have five existing reciprocal financial investment treaties in Africa. Can you just share with us other nations that the United States has shown rate of interest in bargaining treaties?

I assume that completes the questioning. I do value your patience with the board as well as thank you very much for your testimony today.

Response. As laid out listed below, we would certainly like to offer upgraded info on reported UNITED STATE financial investment task in Rwanda. Aside from these updates, the solutions offered by the Division's witness in the 111th Congress continue to be accurate. In 2009, the supply of UNITED STATE foreign direct investment in Rwanda was $1 million (according to the Bureau of Economic Evaluation).