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Well, thank you significantly. I wish to offer you all a break for a moment as well as look to Mr. Swartz. You've been really patient, the three of you. I value that very much. Typically, we would have had two panels, but we didn't recognize exactly how the Us senate would certainly be running today, so in an effort to make certain we survived all the treaties today, we did this as one panel.

Swartz, you point out in your testimony and your declarations that the treaty with Bermuda likewise punctures financial institution secrecy and provides a system for us obtaining the info we need. There have actually been some shared lawful aid treaties which contain provisions related directly to sharing bank records or various other monetary info.

That was a stipulation that was prepared and taken on in the context of the E.U.

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Under that provision, arrangement's possible for feasible requesting party asking for celebration information as to whether an account exists in the requested country, nation in the case of situation E.U., one of the requested member states. Thereafter, the demand, if there is an identification of an account, should be adhered to up via a basic shared legal assistance treaty.

And when it come to Bermuda, our record of participation has actually been excellent. Our team believe that the document we have on the production of documents, including bank records, is such that we are certain that the stipulations consisted of in this mutual lawful support treaty, which do require teamwork on the production of documents, will be sufficient to make certain that we get the documents we need for our monetary examinations and also other investigations.

Some other MLATs also allow for urgent, non-written form requests to be made. Mr. Chairman, while it is real that the Mutual Legal Assistance Treaty does need requests in written form, it was the judgment of the negotiators that it sufficed that, in this instance, with respect to Bermuda, we would be able to obtain quick responses to our demands as well as also provide such feedbacks to Bermuda's demands, especially due to the fact that we have a practice currently established that will proceed, we believe, under the treaty of being able to communicate those demands with email or through fax.

Senator Cardin. Was this, generally, a decision made by UNITED STATE negotiators, that it was not essential, recognizing exactly how we can rapidly get faxes and also emails sent? Is that reasonable enough to claim, or otherwise? Mr. Johnson. Legislator, if I can aid on that particular one? Legislator Cardin. Sure. Mr. Johnson.

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Bermuda resisted that due to the fact that they desired to see to it that the requests were clear and in a much more formal way. In the arrangements, it likewise became clear that they accepted that such demand could be made by fax or by e-mail. So the real issue they were worried regarding was not discovering a quick methods to make a demand, but really just taking dental requests off the table.

So we're certain that we have actually got the methods in location that we can make immediate demands of them in such a way that will certainly work. Mr. Swartz. Mr. Chairman, if I might include, actually, while it is a benefit to be able to make dental demands, in method, it's extremely unusual that we do so.

Legislator Cardin. Mr. Johnson, do have any type of comments on the bank documents concern? Mr. Johnson.

The difference in between being able to do a dental request or having the ability to use among these various other really quick means, we assume, is not substantial. Senator Cardin. There've been some issues increased regarding the competence of Bermuda regulation relative to forfeitures of profits and also agencies of criminal offenses.

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Swartz. Mr. Chairman, we are. Obviously, the growth of forfeit legislation is a vital and progressive issue. We have actually seen a number of changes throughout the years, including below in the United States. But the Shared Legal Assistance Treaty in Short article 17 does obligate Bermuda to provide support to the United States in procedures connecting to loss of earnings as well as instrumentalities of criminal activity, to the extent allowed by the legislation of Bermuda.

We have actually had 2 instances of effective requests for restraint as well as loss of assets. Both instances were a success as well as we had the ability to get the funds. As a basic matter, support is offered under the legislations of Bermuda, and I do think that is essential to anxiety, when it come to cold, confiscating, as well as limiting assets, including for matters associating with terrorism and also terrorism funding.

However it must be noted that forfeit support is not limited to what is allowed under Bermuda's residential law. With regard to a UNITED STATE order, Bermuda can not waive a particular agency of nondrug offenses, since that power doesn't exist locally. But once again, that's restricted to agencies in nondrug offense situations.

Senator Cardin. Thank you. Let me just ask the general concern, and also any kind of one of you can respond to it. In the Bermuda contract, there's an arrangement that is not strange to us, where Bermuda can reject teamwork in funding situations. We understand, I understand that, so I'm not being vital of that provision being included therein.

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Are we impeded as a result of that or exists a method which we have the ability to work together under this treaty, even in those situations? Mr. Swartz. Mr. Chairman, our company believe as well as we wish we still would be able to cooperate. Bermuda suggested, and has actually recommended the United States, that it reserves the right to refute aid in capital cases where the sentence includes a possible death sentence, depending on the-- in contrast to the essential public policy arrangement of Short article 3 of the convention.

We have that experience with other countries that have actually placed comparable interpretations on the common legal assistance responsibilities, and we have actually been able to function out arrangements in a number of instances that allow us to obtain evidence or discuss whether the evidence is substantial sufficient to go forward with some kind of additional actions being taken.

Mr. Johnson. Mr. Johnson. Yes, Legislator, if I could just contribute to that, one of the reasons this treaty took as long it did to negotiate as well as end is because it was necessary to us to make certain that there wasn't an express limitation on aid in funding situations in the treaty itself.

Swartz pertaining to you. Which method we believe that assists keep the concept that's crucial to us, that such cooperation must be available, irrespective of the kind of instance. And also we believe this has also substantiated with a few other nations, where even with comparable problems about teamwork in resources situations, they have, for example, been able to supply assistance to the nonpenalty stage of a test or another party investigation.

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Senator Cardin. They do hold the right under this treaty to reject collaboration where the United States criminal justice system is seeking capital penalty? Mr. Johnson. Senator, they hold the right under the treaty to not provide help if contrast public law or their important interests, and they have told us that they analyze that to enable them, in fatality fine cases, to exercise that.

Legislator Cardin. I comprehend that. I just wanted to make it clear that they would not be an offense of the treaty. We understand their interpretation, that if there was a situation pending here that we needed their assistance, where, plainly, the district attorneys were looking for the capital punishment, Bermuda might choose not to work together under this treaty (foreign tax credit).

If I might say, Mr. Chairman, importantly, the treaty would certainly need, because this would certainly be a denial under Write-up 3 of the treaty, that initially there had to be appointments with the United States, before that denial could go forward. And also I assume that's an important facet of the negotiation that Mr.

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Rather than having an explicit provision, stipulation is one of a set of collection under which assistance may be denied after consultation, assessment, among other amongst, that there must be should as factor to consider whether assistance can support given, provided to such conditions as problems requested country deems necessaryRegards

As well as I believe that would be valuable for us to have that information in this committee. Ms. Mc, Carthy, you have the easiest task here, considering that this arrangement was previously accepted by this board. As I claimed in my opening, we approved it too late in the 111th Congress for action.

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Have there been any type of significant changes in our investment partnership with Rwanda considering that last November when you gave statement on this treaty? What we have seen considering that last November is an increase in United States financial investment in Rwanda, and I can offer 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 going in to promote the country's growing hospitality industry. So I would certainly claim that, given this pattern of raised financial investment, that it is necessary that the securities be managed for them.

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investors. Senator Cardin. I thank you for that (foreign tax credit). You additionally stated the truth that the United States is exploring other bilateral investment treaties in Africa. I believe you pointed out one various other country. I think we have five present reciprocal investment treaties in Africa. Can you just show to us various other countries that the United States has shown interest in negotiating treaties? Ms.

Senator Cardin. Thank you. I've been informed by the staff that I must ask the inquiry of whether the management still sustains the Us senate ratification 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 finishes the questioning. We could have some extra questions for the record. As you know, the record stays open for 1 day, so you get a break. That's a rather rapid turn-around time for this committee. But I do value your patience with the board as well as thank you significantly for your statement today.

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Solution. As set out below, we want to provide upgraded details on reported U.S. financial investment task in Rwanda. Besides these updates, the answers offered by the Department's witness in the 111th Congress continue to be precise. In 2009, the stock of U.S. foreign direct financial investment in Rwanda was $1 million (according to the Bureau of Economic Analysis).

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And also I believe that would be valuable for us to have that info in this committee. Mr. Swartz. Thanks. We 'd rejoice to supply that. Senator Cardin. Ms. Mc, Carthy, you have the easiest job right here, given that this agreement was formerly authorized by this board. As I said in my opening, we authorized it far too late in the 111th Congress for activity.

Have there been any kind of significant adjustments in our investment partnership with Rwanda because last November when you gave statement on this treaty? Ms. Mc, Carthy. Thanks, Mr. Chairman. What we have actually seen given that last November is a boost in United States financial investment in Rwanda, and 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 a significant hotel in Kigali. And also, additionally, Marriott Hotels is going in to promote the country's growing hospitality market. So I would say that, given this pattern of raised investment, that it is very important that the defenses be managed for them.

financiers. Senator Cardin (foreign tax credit). I thanks for that. You also stated the reality that the United States is exploring various other bilateral financial investment treaties in Africa. I believe you discussed another nation. I assume we have five present reciprocal investment treaties in Africa. Can you simply show us other countries that the United States has shown rate of interest in negotiating treaties? Ms.

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Legislator Cardin. Thanks. I have actually been informed by the staff that I need 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. So, for the record? Ms. Mc, Carthy. We definitely do. Senator Cardin.

I believe that finishes the questioning. We might have some added concerns for the record. As you know, the document continues to be open for 1 day, so you get a break. That's a rather quick turn-around time for this board. I do value your persistence with the committee as well as thank you really much for your testament today.

Solution. As established out listed below, we would certainly like to offer upgraded details on reported UNITED STATE investment task in Rwanda. Other than these updates, the answers given by the Department's witness in the 111th Congress remain accurate. In 2009, the stock of UNITED STATE foreign direct financial investment in Rwanda was $1 million (according to the Bureau of Economic Evaluation).

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