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I desire to offer you all a break for a minute as well as transform to Mr. Swartz. Typically, we would certainly have had two panels, yet we really did not know exactly how the Us senate would certainly be operating today, so in an effort to make certain we got with all the treaties today, we did this as one panel.

Swartz, you mention in your statement and your declarations that the treaty with Bermuda also punctures bank secrecy and also offers a system for us getting the information we need. There have been some mutual legal support treaties which contain arrangements associated straight to sharing bank records or various other monetary info.

That was a stipulation that was drafted and also embraced in the context of the E.U.

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Under that provision, stipulation's possible for the requesting party to event information as to whether an account exists in the requested country, or in the case of situation E.U., one of the requested member asked for. After that, the request, if there is an identification of an account, should be adhered to up via a basic common lawful assistance treaty.

As well as with respect to Bermuda, our record of participation has actually been excellent. We think that the record we carry the production of records, consisting of bank records, is such that we are confident that the arrangements consisted of in this common lawful help treaty, which do require participation on the production of records, will be sufficient to guarantee that we obtain the records we need for our economic investigations and other investigations.

Some various other MLATs additionally permit for urgent, non-written type requests to be made. Mr. Chairman, while it is true that the Common Lawful Assistance Treaty does require demands in written kind, it was the judgment of the negotiators that it was adequate that, in this instance, with regard to Bermuda, we would certainly be able to acquire expeditious feedbacks to our demands and likewise offer such actions to Bermuda's demands, specifically since we have a technique already established that will certainly continue, we believe, under the treaty of being able to convey those demands via e-mail or via fax.

Senator Cardin. So was this, essentially, a choice made by UNITED STATE arbitrators, that it was not essential, knowing exactly how we can quickly obtain faxes and also e-mails sent out? Is that fair enough to state, or not? Mr. Johnson. Legislator, if I can help on that particular one? Senator Cardin. Certain. Mr. Johnson.

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Bermuda resisted that because they wished to make sure that the demands were clear as well as in an extra formal way. But in the arrangements, it also came to be clear that they approved that such request could be made by fax or by e-mail. So the genuine concern they were worried about was not finding a fast methods to make a demand, however really just taking dental requests off the table.

So we're positive that we've obtained the means in location that we can make urgent requests of them in a manner that will work. Mr. Swartz. Mr. Chairman, if I could include, actually, while it is an advantage to be able to make dental demands, in method, it's really unusual that we do so.

Legislator Cardin. My major issue is just, in urgent issues, that it's not postponed. And also with modern-day communication, it seems to me that can most likely be taken care of. I'm extra worried about financial institution records. Mr. Johnson, do have any type of remarks on the financial institution records concern? Mr. Johnson. Once more, not specifically on the bank problem.

The distinction between having the ability to do an oral demand or having the ability to utilize among these other very quick ways, we assume, is not consequential. Senator Cardin. There've been some issues increased about the adequacy of Bermuda legislation relative to forfeits of earnings as well as agencies of criminal offenses.

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Swartz. Mr. Chairman, we are. Obviously, the growth of loss legislation is an important and also progressive issue. We have actually seen a variety of changes throughout the years, consisting of here in the United States. Yet the Common Legal Aid Treaty in Write-up 17 does obligate Bermuda to provide support to the United States in proceedings associating with forfeit of proceeds and instrumentalities of crime, to the level permitted by the regulation of Bermuda.

We have actually had 2 instances of successful requests for restraint and loss of properties. Both circumstances were a success and we were able to acquire the funds. As a general matter, help is available under the laws of Bermuda, and I do think that is very important to anxiety, with respect to freezing, confiscating, and also restraining assets, including for matters associating to terrorism and terrorism financing.

But it should be kept in mind that forfeit assistance is not restricted to what is permitted under Bermuda's residential legislation. When it come to an U.S. order, Bermuda can not surrender a specific instrumentality of nondrug offenses, because that power does not exist domestically. But once again, that's limited to agencies in nondrug infraction cases.

Legislator Cardin. In the Bermuda contract, there's a provision that is not strange to us, where Bermuda can refute participation in funding cases.

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Are we impeded as an outcome of that or exists a method which we are able to comply under this treaty, also in those situations? Mr. Swartz. Mr. Chairman, our team believe as well as we hope we still would be able to comply. Bermuda indicated, as well as has advised the United States, that it reserves the right to deny support in capital situations where the sentence consists of a feasible capital punishment, depending on the-- as opposed to the important public plan provision of Write-up 3 of the convention.

As a matter of fact, we have that experience with other countries that have put comparable analyses on the common lawful help duties, and we have actually been able to exercise plans in a number of situations that permit us to obtain proof or go over whether the evidence is considerable sufficient to move forward with some kind of further actions being taken.

Mr. Johnson. Mr. Johnson. Yes, Legislator, if I might just contribute to that, among the factors this treaty took as long it did to negotiate and end is due to the fact that it was essential to us to see to it that there had not been an express limitation on help in capital situations in the treaty itself.

Swartz relevant to you. Which way we think that assists preserve the principle that is necessary to us, that such collaboration must be available, irrespective of the type of instance. And we assume this has actually additionally substantiated with a few other countries, where even with comparable concerns regarding participation in resources cases, they have, as an example, been able to give help to the nonpenalty phase of a trial or an additional party investigation.

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They do hold the right under this treaty to reject teamwork where the United States criminal justice system is seeking capital punishment? Legislator, they hold the right under the treaty to not give aid in situations that are in contrast to public policy or their crucial interests, and they have actually informed us that they translate that to enable them, in death penalty situations, to exercise that.

Senator Cardin. I comprehend that. I just intended to make it clear that they would certainly not be an offense of the treaty. We understand their analysis, that if there was a case pending here that we required their aid, where, clearly, the district attorneys were looking for the fatality penalty, Bermuda might decide not to cooperate under this treaty (foreign tax credit).

If I might state, Mr. Chairman, notably, the treaty would certainly call for, given that this would be a denial under Short article 3 of the treaty, that first there had to be assessments with the United States, prior to that denial can go onward. And I believe that's an essential aspect of the settlement that Mr.

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Rather than having an explicit provisionSpecific this is one of a set of conditions under problems assistance may aid might after refuted, assessment, as well as other amongst, points there must be should as factor to consider whether assistance can support given, subject to such conditions as the requested country asked for necessaryRegards

And also I assume that would be helpful for us to have that details in this board. Mr. Swartz. Thank you. foreign tax credit. We 'd be glad to supply that. Senator Cardin. Ms. Mc, Carthy, you have the simplest task right here, considering that this agreement was formerly authorized by this committee. 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 significant adjustments in our investment relationship with Rwanda given that last November when you offered statement on this treaty? Ms. Mc, Carthy. Thank you, Mr. Chairman. What we have actually seen because last November is an increase in United States financial investment in Rwanda, and I can give you a couple of instances.

In February of this year, we have Hilton Hotels; it's is going to open up a significant resort in Kigali. And, likewise, Marriott Hotels is entering to promote the nation's growing hospitality industry. I would certainly state that, offered this pattern of boosted financial investment, that it is crucial that the securities be managed for them.

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You also discussed the reality that the United States is exploring various other reciprocal financial investment treaties in Africa. I think we have five existing reciprocal financial investment treaties in Africa. Can you just share with us other countries that the United States has shown passion in working out treaties?

I assume that finishes the questioning. I do value your patience with the board and thank you very a lot for your testimony today.

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As set out below, we would such as to give upgraded information on reported UNITED STATE investment activity in Rwanda. In 2009, the stock of UNITED STATE foreign straight financial investment in Rwanda was $1 million (according to the Bureau of Economic Evaluation).

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And also I assume that would certainly be helpful for us to have that info in this committee. Mr. Swartz. Thank you. We would certainly be grateful to provide that. Legislator Cardin. Ms. Mc, Carthy, you have the easiest task below, considering that this agreement was formerly authorized by this committee. As I stated in my opening, we accepted it as well late in the 111th Congress for action.

Have there been any substantial adjustments in our investment relationship with Rwanda because last November when you provided testament on this treaty? What we have actually seen since last November is a boost in United States financial investment in Rwanda, and also 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 resort in Kigali. And also, also, Marriott Hotels is entering to facilitate the country's expanding hospitality market. So I would state that, given this pattern of raised financial investment, that it is essential that the protections be afforded for them.

You additionally pointed out the reality that the United States is checking out other bilateral investment treaties in Africa. I assume we have five existing bilateral investment treaties in Africa. Can you simply share with us other countries that the United States has shown passion in working out treaties?

I believe that completes the questioning. We could have some additional questions for the record. As you know, the record stays open for 24 hours, so you get a break. That's a rather rapid turn-around time for this board. I do value your patience with the board and thank you really much for your statement today.

Solution. As set out listed below, we would love to offer updated information on reported U.S. financial investment task in Rwanda. Aside from these updates, the solutions provided by the Division's witness in the 111th Congress remain precise. In 2009, the supply of U.S. foreign straight financial investment in Rwanda was $1 million (according to the Bureau of Economic Analysis).

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