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I desire to give you all a break for a moment and transform to Mr. Swartz. Usually, we would certainly have had two panels, but we didn't know how the Us senate would certainly be running today, so in an initiative to make certain we got via all the treaties today, we did this as one panel.

Swartz, you explain in your testimony as well as your statements that the treaty with Bermuda likewise pierces financial institution privacy as well as supplies a mechanism for us getting the details we require. There have actually been some common lawful assistance treaties which contain provisions related straight to sharing financial institution records or various other economic info.

Swartz. Thanks, Mr. Chairman. With respect to that specific concern, the board may be referring to the fairly brand-new provision that shows up, for instance, in our E.U.-U.S. Mutual Legal Aid Treaty, the identification of bank records arrangement. That was a stipulation that was prepared and embraced in the context of the E.U.

Under that provision, it's feasible for the requesting celebration to inquire as to whether an account exists in the asked for nation, or in the case of the E.U., one of the requested participant states. Yet, after that, the request, if there is an identification of an account, must be adhered to up with a conventional common legal help treaty.

As well as with regard to Bermuda, our record of collaboration has actually been excellent. Our company believe that the record we have on the production of documents, consisting of bank documents, is such that we are confident that the provisions consisted of in this common lawful aid treaty, which do require teamwork on the production of records, will be adequate to make certain that we get the records we need for our economic examinations and other investigations.

A few other MLATs also permit immediate, non-written type requests to be made. It's my understanding that in Bermuda, it should be in written form. Any reason that stipulation was not consisted of in this arrangement? Mr. Swartz. Mr. Chairman, while it is true that the Mutual Lawful Aid Treaty does call for demands in written form, it was the judgment of the mediators that it sufficed that, in this case, with respect to Bermuda, we would be able to obtain quick actions to our requests as well as likewise offer such reactions to Bermuda's requests, specifically 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 communicate those demands with e-mail or through fax.

Legislator Cardin. Was this, primarily, a choice made by U.S. negotiators, that it was not essential, understanding how we can quickly obtain faxes and also e-mails sent? Is that reasonable enough to claim, or not? Mr. Johnson. Legislator, if I can help on that one? Legislator Cardin. Certain. Mr. Johnson.

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Bermuda stood up to that due to the fact that they desired to make certain that the demands were clear and in a much more official way. But in the negotiations, it likewise came to be clear that they approved that such request can be made by fax or by e-mail. The genuine issue they were concerned regarding was not locating a rapid means to make a request, but truly just taking dental demands off the table.

So we're confident that we have actually got the means in position that we can make urgent demands of them in a manner that will work. Mr. Swartz. Mr. Chairman, if I might include, in fact, while it is a benefit to be able to make dental requests, in method, it's really unusual that we do so.

Legislator Cardin. Mr. Johnson, do have any remarks on the financial institution documents concern? Mr. Johnson.

The distinction in between being able to do an oral demand or having the ability to make use of among these various other really fast methods, we believe, is not consequential. Senator Cardin. There've been some issues raised concerning the competence of Bermuda legislation with respect to loss of profits and also instrumentalities of criminal offenses.

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Swartz. Mr. Chairman, we are. Obviously, the advancement of forfeit law is an important and also progressive issue. We have actually seen a number of adjustments over the training course of the years, consisting of below in the United States. The Shared Legal Help Treaty in Post 17 does obligate Bermuda to supply assistance to the United States in proceedings relating to forfeiture of earnings as well as agencies of crime, to the degree allowed by the regulation of Bermuda.

We've had two examples of successful demands for restriction as well as loss of assets. Both circumstances were a success and we were able to get the funds. As a basic issue, help is offered under the regulations of Bermuda, as well as I do believe that's essential to stress, when it come to cold, confiscating, as well as limiting assets, including for matters connecting to terrorism and also terrorism funding.

But it should be noted that forfeit aid is not restricted to what is permitted under Bermuda's domestic legislation. With respect to an U.S. order, Bermuda can not surrender a details instrumentality of nondrug offenses, since that power does not exist domestically. Yet once again, that's limited to instrumentalities in nondrug crime situations.

Senator Cardin. In the Bermuda arrangement, there's a provision that is not unknown to us, where Bermuda can reject participation in funding cases.

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Are we impeded as an outcome of that or is there a means in which we are able to coordinate under this treaty, also in those instances? Mr. Chairman, we believe as well as we wish we still would be able to comply.

Actually, we have that experience with various other countries that have actually put similar interpretations on the shared legal support duties, and we have actually had the ability to exercise arrangements in a number of cases that allow us to get evidence or discuss whether the evidence is considerable sufficient to move forward with some kind of further steps being taken.

Mr. Johnson. Mr. Johnson. Yes, Senator, if I might simply contribute to that, among the factors this treaty took as long it did to work out and also end is because it was very important to us to make certain that there wasn't an express limitation on aid in capital cases in the treaty itself.

Swartz pertaining to you. And also that method we believe that aids keep the principle that is very important to us, that such teamwork should be available, irrespective of the sort of situation. And also we think this has likewise substantiated with some other countries, where also with comparable problems about teamwork in resources instances, they have, for instance, had the ability to offer aid to the nonpenalty phase of a test or an additional party investigation.

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They do hold the right under this treaty to reject participation where the United States criminal justice system is looking for capital punishment? Legislator, they hold the right under the treaty to not provide support in situations that are in contrast to public policy or their crucial interests, and they have actually told us that they analyze that to allow them, in death charge situations, to work out that.

I simply wanted to make it clear that they would certainly not be a violation of the treaty. We recognize their analysis, that if there was a case pending here that we needed their aid, where, plainly, the district attorneys were seeking the fatality fine, Bermuda might decide not to coordinate under this treaty.

If I might say, Mr. Chairman, notably, the treaty would call for, considering that this would be a rejection under Write-up 3 of the treaty, that first there had to be assessments with the United States, prior to that denial could go onward. As well as I believe that's an essential aspect of the arrangement that Mr.

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Rather than having an explicit provision, this is one of a set of conditions under which assistance may support denied after consultation, and, among other thingsVarious other points there must be need to as to whether assistance can support given, offered to such conditions as problems requested country asked for nation.

As well as I believe that would be useful for us to have that details in this committee. Mr. Swartz. Thanks. foreign tax credit. We would certainly be glad to provide that. Legislator Cardin. Ms. Mc, Carthy, you have the easiest task right here, since this contract was previously accepted by this board. As I stated in my opening, we authorized it far too late in the 111th Congress for action.

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Have there been any substantial adjustments in our investment connection with Rwanda considering that last November when you provided testimony on this treaty? Ms. Mc, Carthy. Thanks, Mr. Chairman. What we have actually seen since last November is an increase in United States financial investment in Rwanda, and also I can give you a few examples.

Likewise, in February of this year, we have Hilton Hotels; it's is going to open up a major resort in Kigali. And, likewise, Marriott Hotels is entering to assist in the nation's expanding hospitality market. So I would claim that, offered this pattern of raised investment, that it is crucial that the defenses be afforded for them.

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You likewise mentioned the truth that the United States is discovering various other reciprocal investment treaties in Africa. I think we have 5 existing reciprocal investment treaties in Africa. Can you just share with us other nations that the United States has revealed rate of interest in discussing treaties?



I believe that finishes the examining. We might have some added inquiries for the record. As you recognize, the document continues to be open for 24 hrs, so you get a break. That's a rather fast turnaround time for this board. Yet I do value your patience with the board and thank you quite for your testimony today.

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As set out listed below, we would certainly such as to supply upgraded details on reported U.S. financial investment task in Rwanda. In 2009, the stock of UNITED STATE foreign direct financial investment in Rwanda was $1 million (according to the Bureau of Economic Analysis).

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As well as I assume that would be helpful for us to have that info in this board. Mr. Swartz. Thanks. We would certainly be thankful to provide that. Legislator Cardin. Ms. Mc, Carthy, you have the simplest work right here, since this agreement was formerly authorized by this committee. As I claimed in my opening, we authorized it far too late in the 111th Congress for action.

Have there been any kind of substantial modifications in our investment connection with Rwanda given that last November when you provided testament on this treaty? Ms. Mc, Carthy. Thank you, Mr. Chairman. What we have actually seen since last November is a boost in United States investment in Rwanda, and I can provide you a couple of examples.

Additionally, in February of this year, we have Hilton Hotels; it's is going to open a major resort in Kigali. And, likewise, Marriott Hotels is going in to help with the country's expanding hospitality market. So I would claim that, provided this pattern of boosted financial investment, that it is necessary that the defenses be afforded for them.

financiers. Legislator Cardin (foreign tax credit). I thank you for that. You likewise pointed out the truth that the United States is checking out other bilateral financial investment treaties in Africa. I think you mentioned one various other country. I think we have five existing bilateral investment treaties in Africa. Can you simply share with us various other countries that the United States has shown rate of interest in bargaining treaties? Ms.

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Legislator Cardin. Thank you. I have actually been told by the team that I need to ask the concern of whether the management still supports the Senate passage of the Rwanda treaty, because it was held over from the last Congress. For the document? Ms. Mc, Carthy. We absolutely do. Senator Cardin.

I believe that finishes the questioning. We might have some added inquiries for the record. As you recognize, the document stays open for 24-hour, so you get a break. That's a quite rapid turnaround time for this committee. I do value your perseverance with the committee as well as thank you extremely much for your testament today.

As established out below, we would like to give updated information on reported U.S. investment task in Rwanda. In 2009, the supply of UNITED STATE foreign straight investment in Rwanda was $1 million (according to the Bureau of Economic Analysis).

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