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I desire to give you all a break for a minute as well as turn to Mr. Swartz. Usually, we would have had two panels, however we didn't understand how the Us senate would certainly be operating today, so in an initiative to make certain we obtained via all the treaties today, we did this as one panel.

Swartz, you aim out in your statement and your declarations that the treaty with Bermuda likewise punctures bank secrecy and supplies a device for us getting the info we need. There have been some mutual lawful aid treaties which contain arrangements associated directly to sharing financial institution records or other monetary information.

Swartz. Thank you, Mr. Chairman. When it come to that certain concern, the board might be describing the relatively brand-new provision that appears, for circumstances, in our E.U.-U.S. Mutual Legal Support Treaty, the recognition of bank records provision. That was an arrangement that was prepared and embraced in the context of the E.U.

Under that provision, it's possible for the asking for celebration to inquire regarding whether an account exists in the requested country, or in the situation of the E.U., one of the requested participant states. Yet, after that, the request, if there is an identification of an account, need to be followed up through a typical mutual legal assistance treaty.

As well as with regard to Bermuda, our record of participation has actually been really excellent. Our company believe that the record we have on the production of records, consisting of bank records, is such that we are positive that the arrangements included in this mutual legal help treaty, which do call for cooperation on the manufacturing of documents, will certainly be adequate to guarantee that we acquire the records we require for our economic examinations and also various other examinations.

Some other MLATs also permit for urgent, non-written type demands to be made. It's my understanding that in Bermuda, it should be in written kind. Any factor why that stipulation was not consisted of in this contract? Mr. Swartz. Mr. Chairman, while it holds true that the Mutual Legal Aid Treaty does need requests in written type, it was the judgment of the mediators that it was enough that, in this case, with regard to Bermuda, we would certainly be able to get quick reactions to our requests and additionally give such actions to Bermuda's demands, especially since we have a method already developed that will certainly proceed, our team believe, under the treaty of being able to communicate those demands through email or via fax.

Senator Cardin. Was this, basically, a choice made by U.S. negotiators, that it was not needed, understanding exactly how we can quickly obtain faxes and emails sent out? Is that reasonable sufficient to say, or not? Mr. Johnson. Senator, if I can assist on that one? Senator Cardin. Certain. Mr. Johnson.

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Bermuda withstood that because they wished to make sure that the requests were clear and also in a more official means. However in the negotiations, it additionally ended up being clear that they accepted that such demand can be made by fax or by email. The actual concern they were concerned concerning was not discovering a rapid methods to make a demand, but truly just taking oral requests off the table.

We're certain that we've obtained the methods in area that we can make immediate demands of them in a means that will be reliable. Mr. Swartz. Mr. Chairman, if I might include, as a matter of fact, while it is an advantage to be able to make dental requests, in method, it's very rare that we do so.

Senator Cardin. Mr. Johnson, do have any type of remarks on the financial institution records issue? Mr. Johnson.

The difference in between being able to do an oral request or having the ability to use one of these various other extremely fast means, we assume, is not consequential. Legislator Cardin. There've been some issues raised regarding the competence of Bermuda regulation with respect to forfeits of profits and agencies of criminal offenses.

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Mr. Chairman, we are. The Mutual Legal Aid Treaty in Short article 17 does obligate Bermuda to supply support to the United States in process associating to loss of proceeds and also instrumentalities of crime, to the extent allowed by the legislation of Bermuda.

We have actually had 2 instances of effective requests for restriction and forfeiture of possessions. Both circumstances were a success and also we had the ability to acquire the funds. As a general issue, support is offered under the laws of Bermuda, and also I do think that is necessary to anxiety, with respect to freezing, seizing, and also restraining possessions, consisting of for matters associating to terrorism as well as terrorism financing.

But it must be kept in mind that forfeiture help is not restricted to what is allowed under Bermuda's residential law. With respect to a UNITED STATE order, Bermuda can not forfeit a certain agency of nondrug offenses, since that power doesn't exist domestically. Once more, that's limited to agencies in nondrug violation situations.

Legislator Cardin. Thanks. Allow me just ask the general inquiry, and any among you can react to it. In the Bermuda contract, there's a provision that is not unfamiliar to us, where Bermuda can reject participation in funding instances. We recognize, I recognize that, so I'm not being essential of that stipulation being consisted of in there.

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Are we hindered 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 and we hope we still would be able to cooperate.

We have that experience with other nations that have actually put comparable analyses on the mutual lawful assistance responsibilities, as well as we have actually been able to function out plans in a number of cases that permit us to acquire evidence or review whether the proof is considerable sufficient to go ahead with some kind of further steps being taken.

Mr. Johnson. Mr. Johnson. Yes, Senator, if I could just include in that, one of the factors this treaty took as lengthy it did to discuss as well as conclude is because it was essential to us to see to it that there wasn't a specific restriction on support in funding cases in the treaty itself.

Swartz pertaining to you. As well as that means we assume that assists keep the principle that's essential to us, that such cooperation should be offered, irrespective of the kind of instance. And also we believe this has actually also substantiated with some other countries, where even with similar problems regarding cooperation in capital cases, they have, for instance, had the ability to offer support to the nonpenalty stage of a test or another celebration investigation.

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They do hold the right under this treaty to deny collaboration where the United States criminal justice system is looking for capital penalty? Senator, they hold the right under the treaty to not supply aid in cases that are contrary to public plan or their crucial interests, and also they have told us that they analyze that to permit them, in death charge cases, to work out 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 a case pending here that we needed their assistance, where, plainly, the prosecutors were seeking the death fine, Bermuda might decide not to work together under this treaty.

Swartz. If I might say, Mr. Chairman, significantly, the treaty would certainly require, since this would be a rejection under Write-up 3 of the treaty, that initially there needed to be appointments with the United States, before that denial can move forward. And also I believe that's a crucial element of the settlement that Mr.

As opposed to having a specific provision, this is just one of a collection of conditions under which assistance may be rejected after examination, as well as, to name a few things, that there have to be consideration regarding whether help can be given, based on such problems as the requested nation regards needed. And our experience because respect has actually been that we usually can find suitable assurances to allow proof to be created, at the very least for initial assessment of the importance of evidence in the situation generally.

And also I think that would certainly be valuable for us to have that info in this committee. Ms. Mc, Carthy, you have the simplest work below, given that this contract was formerly authorized by this board. As I claimed in my opening, we accepted it too late in the 111th Congress for action.

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Have there been any kind of substantial changes in our financial investment connection with Rwanda because last November when you offered testimony on this treaty? Ms. Mc, Carthy. Thanks, Mr. Chairman. What we have seen since last November is a boost in United States investment in Rwanda, and also I can offer you a couple of instances.

Also, 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 going in to assist in the country's expanding hospitality industry. So I would certainly state that, offered this pattern of enhanced financial investment, that it is very important that the securities be afforded for them.

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financiers. Legislator Cardin. I thank you for that (foreign tax credit). You additionally mentioned the truth that the United States is exploring various other reciprocal investment treaties in Africa. I think you discussed another country. I think we have 5 existing reciprocal financial investment treaties in Africa. Can you just share with us other countries that the United States has revealed interest in bargaining treaties? Ms.

Legislator Cardin. Thank you. I've been told by the staff that I must ask the question of whether the administration still sustains the Us senate adoption of the Rwanda treaty, considering that it was held over from the last Congress. So, for the record? Ms. Mc, Carthy. We absolutely do. Legislator Cardin.

I assume that completes the examining. I do appreciate your persistence with the committee as well as thank you extremely a lot for your testament today.

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As established out listed below, we would such as to offer updated details on reported U.S. investment task in Rwanda. In 2009, the supply of U.S. foreign direct investment in Rwanda was $1 million (according to the Bureau of Economic Analysis).

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And also I assume that would certainly be useful for us to have that info in this board. Ms. Mc, Carthy, you have the easiest work here, since this arrangement was previously accepted by this committee. As I stated in my opening, we authorized it as well late in the 111th Congress for action.

Have there been any kind of considerable changes in our investment partnership with Rwanda considering that last November when you offered testament on this treaty? Ms. Mc, Carthy. Thank you, Mr. Chairman. What we have seen because last November is a boost in United States investment in Rwanda, as well as I can offer you a few examples.

Additionally, in February of this year, we have Hilton Hotels; it's is going to open a significant resort in Kigali. As well as, also, Marriott Hotels is entering to promote the nation's expanding friendliness sector. So I would claim that, given this pattern of enhanced investment, that it is essential that the defenses be afforded for them.

capitalists. Senator Cardin (foreign tax credit). I thanks for that. You likewise pointed out the truth that the United States is exploring various other reciprocal investment treaties in Africa. I believe you discussed one other country. I believe we have five existing reciprocal financial investment treaties in Africa. Can you just show to us various other countries that the United States has shown rate of interest in working out treaties? Ms.

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Senator Cardin. Thanks. I have actually been told by the staff that I ought to ask the question of whether the administration still supports the Us senate adoption of the Rwanda treaty, because it was held over from the last Congress. For the record? Ms. Mc, Carthy. We absolutely do. Legislator Cardin.

I assume that completes the examining. We could have some extra concerns for the document. As you know, the document remains open for 24-hour, so you get a break. That's a pretty quick turnaround time for this board. But I do value your patience with the board as well as thanks quite for your testament today.

Response. As established out listed below, we would love to supply upgraded details on reported U.S. investment task in Rwanda. Various other than these updates, the responses given by the Department's witness in the 111th Congress remain precise. In 2009, the supply of U.S. foreign straight investment in Rwanda was $1 million (according to the Bureau of Economic Analysis).

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