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Published Oct 20, 21
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I want to offer you all a break for a minute and also turn to Mr. Swartz. Usually, we would have had 2 panels, but we really did not understand how the Senate would certainly be running today, so in an effort to make certain we obtained via all the treaties today, we did this as one panel.

Swartz, you aim out in your testimony and your declarations that the treaty with Bermuda also pierces bank privacy as well as provides a mechanism for us getting the details we require. There have been some shared legal support treaties that have provisions related directly to sharing financial institution documents or various other monetary details.

That was a stipulation that was composed as well as adopted in the context of the E.U.

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Under that provision, stipulation's possible for the requesting party to event information as info whether an account exists in the requested country, nation in the case of instance E.U., one of the requested member statesParticipant Afterwards, the request, if there is an identification of an account, have to be complied with up through a basic shared lawful help treaty.

And with respect to Bermuda, our record of cooperation has been excellent. Our company believe that the document we carry the manufacturing of documents, including financial institution documents, is such that we are certain that the stipulations consisted of in this shared legal assistance treaty, which do need cooperation on the manufacturing of records, will certainly be sufficient to make sure that we obtain the records we require for our monetary investigations and other examinations.

Some various other MLATs also allow for immediate, non-written form requests to be made. Mr. Chairman, while it is real that the Mutual Legal Help Treaty does call for requests in written type, it was the judgment of the mediators that it sufficed that, in this instance, with respect to Bermuda, we would be able to get prompt reactions to our demands as well as likewise offer such reactions to Bermuda's demands, especially due to the fact that we have a technique currently developed that will proceed, we think, under the treaty of being able to communicate those requests with e-mail or through fax.

Senator Cardin. Mr. Johnson. Mr. Johnson.

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Bermuda resisted that since they intended to see to it that the requests were clear and in an extra official way. In the arrangements, it additionally came to be clear that they approved that such demand might be made by fax or by email. The actual problem they were concerned regarding was not locating a fast ways to make a request, yet truly simply taking oral requests off the table.

We're confident that we have actually obtained the ways in place that we can make immediate requests of them in a way that will be efficient. Mr. Swartz. Mr. Chairman, if I could add, in fact, while it is an advantage to be able to make oral requests, in technique, it's very unusual that we do so.

Senator Cardin. Mr. Johnson, do have any kind of remarks on the bank records issue? Mr. Johnson.

The distinction between being able to do a dental demand or being able to utilize one of these other extremely quick methods, we think, is not consequential. Senator Cardin. There have actually been some issues increased concerning the competence of Bermuda legislation with respect to forfeitures of proceeds and instrumentalities of criminal offenses.

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Mr. Chairman, we are. The Common Lawful Aid Treaty in Post 17 does obligate Bermuda to offer support to the United States in proceedings associating to loss of proceeds as well as agencies of criminal activity, to the degree allowed by the regulation of Bermuda.

We've had 2 examples of effective demands for restriction and loss of assets. Both instances were a success and also we were able to obtain the funds. As a basic issue, aid is available under the regulations of Bermuda, and I do assume that's crucial to anxiety, with regard to freezing, taking, as well as restraining assets, including for issues connecting to terrorism and terrorism financing.

However it must be kept in mind that loss assistance is not restricted to what is permitted under Bermuda's residential regulation. When it come to a UNITED STATE order, Bermuda can not waive a certain instrumentality of nondrug offenses, since that power doesn't exist locally. Again, that's limited to instrumentalities in nondrug offense situations.

Senator Cardin. Thank you. Allow me simply ask the general inquiry, and also any kind of among you can respond to it. In the Bermuda agreement, there's an arrangement that is not strange to us, where Bermuda can deny collaboration in resources instances. We comprehend, I comprehend that, so I'm not being essential of that stipulation being consisted of in there.

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

We have that experience with other countries that have put comparable interpretations on the mutual lawful help responsibilities, and we have actually been able to work out setups in a number of cases that enable us to obtain evidence or go over whether the proof is significant sufficient to go forward with some kind of additional steps being taken.

Mr. Johnson. Mr. Johnson. Yes, Legislator, if I might simply include in that, among the factors this treaty took as long it did to discuss and also wrap up is due to the fact that it was essential to us to ensure that there had not been an express limitation on support in capital cases in the treaty itself.

Swartz relevant to you. As well as that method we think that helps keep the concept that's vital to us, that such cooperation must be available, irrespective of the kind of situation. And we assume this has likewise substantiated with some various other nations, where also with similar worries about collaboration in funding cases, they have, for example, been able to supply aid to the nonpenalty phase of a test or an additional celebration investigation.

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They do hold the right under this treaty to reject collaboration where the United States criminal justice system is seeking resources penalty? Senator, they hold the right under the treaty to not give support in situations that are contrary to public policy or their crucial interests, and they have actually informed us that they analyze that to permit them, in fatality charge cases, to exercise that.

I simply desired to make it clear that they would not be an offense of the treaty. We recognize their analysis, that if there was an instance pending here that we needed their aid, where, clearly, the prosecutors were looking for the fatality charge, Bermuda could make a decision not to comply under this treaty.

If I might say, Mr. Chairman, notably, the treaty would call for, because this would certainly be a denial under Short article 3 of the treaty, that first there had to be appointments with the United States, prior to that rejection might go ahead. And also I assume that's a crucial facet of the arrangement that Mr.

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Rather than having an explicit provision, this is one of a set of collection under which assistance may support might after consultation, examination, and also other amongstVarious other points there must be should as factor to consider whether assistance can aid given, provided to such conditions as problems requested country asked for necessaryConsiders

And also I assume that would be practical for us to have that details in this committee. Mr. Swartz. Thank you. foreign tax credit. We would certainly rejoice to provide that. Legislator Cardin. Ms. Mc, Carthy, you have the simplest work below, given that this contract was previously authorized by this committee. As I claimed in my opening, we accepted it as well late in the 111th Congress for action.

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Have there been any substantial adjustments in our investment connection with Rwanda given that last November when you gave statement on this treaty? Ms. Mc, Carthy. Thanks, Mr. Chairman. What we have actually seen because last November is a rise in United States investment in Rwanda, and I can give you a few instances.

In February of this year, we have Hilton Hotels; it's is going to open up a major hotel in Kigali. And, also, Marriott Hotels is going in to assist in the nation's expanding hospitality market. I would certainly say that, provided this pattern of enhanced investment, that it is essential that the protections be managed for them.

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You likewise stated the reality that the United States is exploring various other bilateral investment treaties in Africa. I assume we have five present bilateral financial investment treaties in Africa. Can you just share with us various other countries that the United States has shown interest in bargaining treaties?



I assume that completes the examining. We might have some added concerns for the record. As you know, the document continues to be open for 24 hr, so you get a break. That's a pretty quick turnaround time for this committee. I do appreciate your patience with the board and also thank you extremely much for your testament today.

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As established out below, we would certainly such as to supply updated info on reported U.S. financial investment task in Rwanda. In 2009, the stock of U.S. foreign straight financial 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 helpful for us to have that info in this committee. Ms. Mc, Carthy, you have the most convenient work right here, considering that this arrangement was formerly approved by this committee. As I stated in my opening, we accepted it as well 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 gave testimony on this treaty? Ms. Mc, Carthy. Thanks, Mr. Chairman. What we have seen considering that last November is an increase in United States financial investment in Rwanda, as well as I can provide you a few 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 help with the nation's growing hospitality sector. I would certainly claim that, given this pattern of raised financial investment, that it is crucial that the protections be afforded for them.

You also pointed out the fact that the United States is exploring other reciprocal investment treaties in Africa. I assume we have five current reciprocal financial investment treaties in Africa. Can you simply share with us other nations that the United States has shown rate of interest in working out treaties?

I assume that finishes the examining. We might have some additional concerns for the record. As you know, the document stays open for 24-hour, so you get a break. That's a quite quick turn-around time for this committee. Yet I do appreciate your patience with the board and thank you extremely a lot for your testament today.

As established out below, we would like to give updated info on reported U.S. investment activity in Rwanda. In 2009, the supply of U.S. foreign straight financial investment in Rwanda was $1 million (according to the Bureau of Economic Evaluation).

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