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Published Sep 27, 21
12 min read

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I desire to offer you all a break for a moment and also turn to Mr. Swartz. Normally, we would certainly have had two panels, however we really did not understand just how the Us senate would be operating today, so in an effort to make sure we obtained via all the treaties today, we did this as one panel.

Swartz, you explain in your testimony and also your declarations that the treaty with Bermuda additionally pierces financial institution privacy and also supplies a mechanism for us obtaining the info we require. There have been some shared legal assistance treaties that consist of arrangements associated directly to sharing bank records or other monetary information.

That was a provision that was composed and taken on in the context of the E.U.

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Under that provision, stipulation's possible for the requesting party asking for seek information look for details whether an account exists in the requested country, or in the case of instance E.U., one of the requested member states. After that, the demand, if there is a recognition of an account, have to be complied with up through a basic mutual lawful aid treaty.

And also with regard to Bermuda, our record of collaboration has been great. Our team believe that the document we have on the production of records, including financial institution records, is such that we are certain that the stipulations consisted of in this common lawful help treaty, which do call for collaboration on the manufacturing of records, will be enough to make certain that we acquire the records we need for our economic investigations as well as other investigations.

Some various other MLATs additionally allow for immediate, non-written kind demands to be made. It's my understanding that in Bermuda, it has to remain in written form. Any kind of reason that that provision was not consisted of in this arrangement? Mr. Swartz. Mr. Chairman, while it holds true that the Mutual Legal Support Treaty does call for requests in written type, it was the judgment of the arbitrators that it was sufficient that, in this instance, when it come to Bermuda, we would certainly be able to get quick reactions to our demands as well as also supply such actions to Bermuda's demands, particularly due to the fact that we have a practice already developed that will continue, our team believe, under the treaty of having the ability to share those requests through e-mail or with fax.

Legislator Cardin. So was this, basically, a choice made by U.S. negotiators, that it was not necessary, recognizing how we can quickly get faxes and emails sent out? Is that fair sufficient to claim, or otherwise? Mr. Johnson. Legislator, if I can help on that particular one? Senator Cardin. Sure. Mr. Johnson.

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Bermuda stood up to that due to the fact that they wanted to make sure that the demands were clear and also in a more official method. In the negotiations, it also came to be clear that they approved that such request might be made by fax or by email. So the real concern they were concerned about was not locating a fast methods to make a request, yet truly just taking dental demands off the table.

We're certain that we have actually obtained the ways in place that we can make immediate requests of them in a means that will be efficient. Mr. Swartz. Mr. Chairman, if I may add, in truth, while it is a benefit to be able to make dental demands, in method, it's really uncommon that we do so.

Senator Cardin. My primary concern is simply, in immediate matters, that it's not postponed. As well as with modern interaction, it seems to me that can most likely be taken care of. I'm a lot more worried concerning bank records. Mr. Johnson, do have any talk about the bank records concern? Mr. Johnson. Once more, not specifically on the bank concern.

The difference in between being able to do a dental request or having the ability to make use of one of these other really rapid means, we assume, is not substantial. Senator Cardin. There've been some problems elevated concerning the competence of Bermuda regulation relative to loss of profits and also instrumentalities of criminal offenses.

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Swartz. Mr. Chairman, we are. Naturally, the advancement of forfeiture law is a vital as well as progressive issue. We have actually seen a variety of changes throughout the years, including here in the United States. Yet the Shared Lawful Help Treaty in Post 17 does obligate Bermuda to give aid to the United States in proceedings associating with loss of profits and agencies of criminal activity, to the extent permitted by the regulation of Bermuda.

We have actually had two instances of effective ask for restraint as well as loss of properties. Both instances were a success as well as we were able to obtain the funds. As a general matter, support is offered under the laws of Bermuda, and also I do think that is essential to stress, with respect to freezing, confiscating, and limiting properties, including for issues associating with terrorism and also terrorism financing.

It must be kept in mind that forfeiture help is not restricted to what is allowed under Bermuda's domestic legislation. With regard to an U.S. order, Bermuda can not waive a certain agency of nondrug offenses, since that power does not exist domestically. Yet once again, that's limited to agencies in nondrug infraction instances.

Senator Cardin. In the Bermuda agreement, there's a provision that is not unfamiliar to us, where Bermuda can reject teamwork in capital instances.

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Are we impeded as an outcome of that or is there a means in which we have the ability to cooperate under this treaty, also in those cases? Mr. Swartz. Mr. Chairman, we believe as well as we hope we still would be able to coordinate. Bermuda showed, and also has actually suggested the United States, that it schedules the right to reject help in capital situations where the sentence includes a possible death sentence, relying upon the-- unlike the important public law arrangement of Article 3 of the convention.

We have that experience with various other nations that have actually put comparable interpretations on the shared lawful help responsibilities, and we have actually been able to work out plans in a number of instances that enable us to obtain evidence or talk about whether the proof is considerable enough to go ahead with some kind of further actions being taken.

Mr. Johnson. Mr. Johnson. Yes, Senator, if I could just include in that, among the factors this treaty took as lengthy it did to bargain as well as end is due to the fact that it was very important to us to see to it that there wasn't a specific restriction on aid in resources instances in the treaty itself.

Swartz relevant to you. Which method we believe that aids preserve the principle that's important to us, that such teamwork must be readily available, irrespective of the sort of case. As well as we assume this has actually additionally birthed out with some other countries, where despite similar worries concerning participation in funding cases, they have, for example, been able to provide assistance to the nonpenalty phase of a trial or one more 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 looking for resources punishment? Senator, they hold the right under the treaty to not supply aid in instances that are contrary to public plan or their important interests, as well as they have informed us that they interpret that to permit them, in fatality fine instances, to work out that.

Legislator Cardin. I comprehend that. I simply intended to make it clear that they would certainly not be a violation of the treaty. We understand their analysis, that if there was an instance pending here that we required their aid, where, plainly, the district attorneys were seeking the fatality fine, Bermuda could make a decision not to cooperate under this treaty (foreign tax credit).

Swartz. If I might claim, Mr. Chairman, importantly, the treaty would certainly require, since this would certainly be a denial under Article 3 of the treaty, that first there had to be consultations with the United States, before that rejection could move forward. And I believe that's an essential facet of the negotiation that Mr.

Instead of having an explicit arrangement, this is among a set of problems under which help may be denied after consultation, and also, among various other points, that there need to be consideration regarding whether help can be provided, subject to such conditions as the asked for country considers needed. And also our experience in that regard has actually been that we usually can locate appropriate guarantees to allow proof to be produced, at the very least for preliminary assessment of the importance of evidence in the instance on the whole.

And I think that would be useful for us to have that details in this committee. Ms. Mc, Carthy, you have the most convenient task right here, considering that this agreement was previously authorized by this board. As I said in my opening, we approved it too late in the 111th Congress for activity.

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Have there been any considerable adjustments in our financial investment relationship with Rwanda given that last November when you offered testament on this treaty? What we have actually seen since last November is an increase in United States financial investment in Rwanda, and also I can provide you a few examples.

In February of this year, we have Hilton Hotels; it's is going to open up a major resort in Kigali. And also, also, Marriott Hotels is going in to help with the country's growing hospitality market. I would claim that, given this pattern of increased investment, that it is crucial that the defenses be afforded for them.

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financiers. Senator Cardin. I thank you for that (foreign tax credit). You also discussed the fact that the United States is exploring other bilateral investment treaties in Africa. I believe you stated one various other nation. I assume we have 5 current bilateral financial investment treaties in Africa. Can you just show to us various other countries that the United States has revealed rate of interest in negotiating treaties? Ms.

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



I think that completes the examining. I do value your patience with the board and also thank you very much for your statement today.

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Solution. As set out below, we wish to offer upgraded information on reported UNITED STATE investment activity in Rwanda. Other than these updates, the solutions provided by the Division's witness in the 111th Congress remain precise. 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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And also I believe that would certainly be helpful for us to have that information in this committee. Mr. Swartz. Thank you. We 'd be delighted to provide that. Legislator Cardin. Ms. Mc, Carthy, you have the most convenient job below, because this arrangement was formerly authorized by this committee. As I said in my opening, we accepted it far too late in the 111th Congress for action.

Have there been any significant changes in our investment relationship with Rwanda given that last November when you gave testament on this treaty? What we have actually seen considering that last November is a boost in United States investment in Rwanda, as well as 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 major hotel in Kigali. And also, additionally, Marriott Hotels is going in to facilitate the nation's growing friendliness industry. So I would certainly say that, provided this pattern of boosted financial investment, that it is crucial that the securities be managed for them.

capitalists. Senator Cardin (foreign tax credit). I thank you for that. You additionally stated the truth that the United States is discovering other bilateral financial investment treaties in Africa. I believe you discussed another country. I think we have five existing reciprocal investment treaties in Africa. Can you simply share with us other nations that the United States has shown interest in negotiating treaties? Ms.

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Senator Cardin. Thank you. I have actually been told by the team that I ought to ask the concern of whether the management still supports the Us senate approval of the Rwanda treaty, given that it was held over from the last Congress. For the record? Ms. Mc, Carthy. We definitely do. Senator Cardin.

I think that completes the questioning. We may have some added concerns for the document. As you understand, the document stays open for 24-hour, so you obtain a break. That's a pretty rapid turnaround time for this committee. I do appreciate your patience with the board as well as thank you very much for your testament today.

As established out below, we would such as to provide upgraded information on reported U.S. financial investment activity in Rwanda. In 2009, the stock of UNITED STATE foreign direct investment in Rwanda was $1 million (according to the Bureau of Economic Analysis).

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