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Published Sep 18, 21
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Well, thank you significantly. I intend to provide you all a break for a moment as well as count on Mr. Swartz. You've been really patient, the three of you. I value that quite. Generally, we would certainly have had two panels, yet we really did not recognize how the Senate would certainly be running today, so in an effort to make certain we made it through all the treaties today, we did this as one panel.

Swartz, you explain in your testimony and also your statements that the treaty with Bermuda also pierces financial institution privacy as well as supplies a mechanism for us obtaining the details we need. There have actually been some mutual lawful assistance treaties that consist of provisions related directly to sharing bank records or various other financial info.

That was a stipulation that was drafted as well as embraced in the context of the E.U.

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Under that provision, stipulation's possible for feasible requesting party asking for seek information look for to whether an account exists in the requested country, or in the case of situation E.U., one of the requested member statesParticipant Thereafter, the demand, if there is an identification of an account, need to be followed up via a basic mutual lawful help treaty.

And also with regard to Bermuda, our document of participation has actually been excellent. We believe that the document we carry the production of documents, consisting of financial institution records, is such that we are confident that the arrangements included in this shared lawful aid treaty, which do require cooperation on the manufacturing of records, will certainly be sufficient to make certain that we get the documents we need for our economic investigations and various other investigations.

Some various other MLATs also permit for immediate, non-written kind requests to be made. It's my understanding that in Bermuda, it should remain in written kind. Any factor why that stipulation was not consisted of in this arrangement? Mr. Swartz. Mr. Chairman, while it is true that the Mutual Legal Aid Treaty does need demands in written kind, it was the judgment of the arbitrators that it was adequate that, in this situation, when it come to Bermuda, we would certainly be able to obtain quick actions to our demands as well as additionally supply such reactions to Bermuda's demands, specifically because we have a technique already established that will certainly continue, we think, under the treaty of having the ability to communicate those requests via 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 as well as in a much more formal means. But in the negotiations, it additionally came to be clear that they accepted that such request might be made by fax or by e-mail. So the real problem they were worried regarding was not locating a quick ways to make a request, but truly simply taking oral demands off the table.

So we're positive that we have actually got the methods in position that we can make immediate demands of them in a method that will certainly work. Mr. Swartz. Mr. Chairman, if I might include, in fact, while it is a benefit to be able to make dental requests, in practice, it's very rare that we do so.

Legislator Cardin. My primary problem is just, in urgent matters, that it's not postponed. And with modern-day interaction, it seems to me that can possibly be dealt with. I'm a lot more concerned regarding bank records. Mr. Johnson, do have any type of remarks on the financial institution records issue? Mr. Johnson. Again, not specifically on the financial institution issue.

The difference between having the ability to do an oral demand or having the ability to use among these various other extremely quick means, we think, is not substantial. Senator Cardin. There've been some issues elevated regarding the competence of Bermuda regulation with regard to loss of earnings and agencies of criminal offenses.

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Mr. Chairman, we are. The Mutual Lawful Support Treaty in Post 17 does obligate Bermuda to offer help to the United States in procedures relating to loss of profits and agencies of crime, to the degree allowed by the legislation of Bermuda.

We've had two examples of successful requests for restraint and loss of assets. Both instances were a success as well as we were able to acquire the funds. As a basic matter, assistance is readily available under the regulations of Bermuda, as well as I do think that is necessary to anxiety, with regard to freezing, seizing, as well as restraining assets, consisting of for issues associating with terrorism and terrorism funding.

It ought to be kept in mind that forfeiture help is not restricted to what is permitted under Bermuda's domestic law. With regard to a UNITED STATE order, Bermuda can not surrender a specific instrumentality of nondrug offenses, because that power doesn't exist locally. But once again, that's restricted to agencies in nondrug infraction instances.

Senator Cardin. In the Bermuda arrangement, there's an arrangement that is not unknown to us, where Bermuda can deny collaboration in funding instances.

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Are we prevented as an outcome of that or is there a method in which we are able to coordinate under this treaty, even in those cases? Mr. Chairman, we think as well as we hope we still would be able to cooperate.

We have that experience with various other countries that have actually placed comparable analyses on the common legal support duties, as well as we've been able to work out arrangements in a number of cases that enable us to get evidence or talk about whether the evidence is substantial enough to go forward with some kind of further steps being taken.

Mr. Johnson. Mr. Johnson. Yes, Senator, if I can simply add to that, among the reasons this treaty took as lengthy it did to discuss and wrap up is since it was essential to us to make certain that there wasn't an express restriction on support in capital situations in the treaty itself.

Swartz pertaining to you. Which means we assume that aids preserve the principle that is very important to us, that such teamwork should be available, irrespective of the sort of situation. As well as we believe this has additionally borne out with a few other countries, where also with comparable concerns concerning cooperation in resources instances, they have, for example, had the ability to give support to the nonpenalty phase of a test or one more celebration examination.

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Legislator Cardin. They do hold the right under this treaty to deny collaboration where the United States criminal justice system is looking for funding penalty? Mr. Johnson. Senator, they hold the right under the treaty to not supply support if are in contrast to public law or their essential passions, as well as they have told us that they interpret that to allow them, in capital punishment situations, to work out that.

I just desired to make it clear that they would certainly not be a violation of the treaty. We understand their interpretation, that if there was a situation pending here that we required their aid, where, plainly, the district attorneys were looking for the death fine, Bermuda might determine not to work together under this treaty.

Swartz. If I might say, Mr. Chairman, notably, the treaty would need, considering that this would certainly be a denial under Write-up 3 of the treaty, that first there needed to be assessments with the United States, before that rejection could go ahead. And I assume that's an important aspect of the negotiation that Mr.

Rather than having an explicit stipulation, this is just one of a set of conditions under which aid may be denied after consultation, and, to name a few things, that there should be factor to consider regarding whether aid can be given, based on such conditions as the requested nation considers required. As well as our experience in that respect has actually been that we frequently can find appropriate guarantees to permit proof to be produced, at least for first assessment of the importance of proof in case overall.

And also I believe that would be practical for us to have that info in this committee. Mr. Swartz. Thanks. foreign tax credit. We would certainly rejoice to supply that. Senator Cardin. Ms. Mc, Carthy, you have the easiest task below, since this arrangement was formerly approved by this board. As I said in my opening, we authorized it too late in the 111th Congress for activity.

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Have there been any type of substantial adjustments in our financial investment partnership with Rwanda given that last November when you offered testimony on this treaty? Ms. Mc, Carthy. Thank you, Mr. Chairman. What we have actually seen since last November is a rise in United States financial investment in Rwanda, as well as I can provide you a few instances.

Likewise, in February of this year, we have Hilton Hotels; it's is going to open a significant hotel in Kigali. And also, also, Marriott Hotels is entering to help with the nation's growing friendliness industry. I would say that, provided this pattern of raised investment, that it is vital that the securities be managed for them.

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You likewise discussed the reality that the United States is checking out other reciprocal investment treaties in Africa. I assume we have five existing bilateral financial investment treaties in Africa. Can you simply share with us various other countries that the United States has revealed rate of interest in working out treaties?



I assume that completes the questioning. We could have some additional inquiries for the record. As you recognize, the document stays open for 1 day, so you obtain a break. That's a pretty rapid turnaround time for this committee. Yet I do value your perseverance with the board as well as thank you quite for your testimony today.

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Answer. As laid out listed below, we would love to provide upgraded info on reported U.S. investment task in Rwanda. Besides these updates, the responses given by the Division's witness in the 111th Congress continue to be precise. In 2009, the supply of UNITED STATE foreign direct financial investment in Rwanda was $1 million (according to the Bureau of Economic Analysis).

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And I believe that would be helpful for us to have that information in this committee. Mr. Swartz. Thanks. We would certainly be delighted to supply that. Senator Cardin. Ms. Mc, Carthy, you have the simplest task right here, given that this arrangement was previously authorized by this board. As I stated in my opening, we authorized it as well late in the 111th Congress for action.

Have there been any kind of significant modifications in our investment relationship with Rwanda given that last November when you gave statement on this treaty? What we have actually seen because last November is a rise in United States financial investment in Rwanda, as well as I can offer you a couple of instances.

Additionally, in February of this year, we have Hilton Hotels; it's is going to open up a significant resort in Kigali. And, also, Marriott Hotels is entering to help with the country's growing hospitality industry. I would say that, provided this pattern of raised financial investment, that it is vital that the protections be managed for them.

You also mentioned the fact that the United States is discovering other reciprocal financial investment treaties in Africa. I assume we have 5 existing bilateral financial investment treaties in Africa. Can you simply share with us various other nations that the United States has revealed interest in negotiating treaties?

I believe that finishes the questioning. We might have some added concerns for the document. As you know, the record stays open for 24 hrs, so you obtain a break. That's a pretty quick turn-around time for this committee. But I do appreciate your persistence with the committee and thanks quite for your testament today.

Answer. As established out listed below, we want to supply upgraded information on reported U.S. financial investment activity in Rwanda. Besides these updates, the solutions offered by the Department's witness in the 111th Congress stay precise. In 2009, the supply of U.S. foreign direct investment in Rwanda was $1 million (according to the Bureau of Economic Evaluation).

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