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Well, thanks significantly. I desire to offer you all a break for a minute and look to Mr. Swartz. You've been very patient, the 3 of you. I appreciate that very much. Usually, we would certainly have had 2 panels, but we really did not know exactly how the Us senate would certainly be operating today, so in an initiative to make sure we obtained through all the treaties today, we did this as one panel.

Swartz, you direct out in your testimony as well as your declarations that the treaty with Bermuda likewise punctures financial institution secrecy and supplies a device for us obtaining the details we require. There have actually been some common legal aid treaties which contain arrangements relevant straight to sharing financial institution records or various other financial information.

That was a provision that was drafted and also taken on in the context of the E.U.

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Under that provision, arrangement's possible for the requesting party asking for event information as details whether an account exists in the requested countryAsked for or in the case of situation E.U., one of the requested member asked forParticipant Thereafter, the demand, if there is an identification of an account, must be complied with up via a conventional mutual lawful aid treaty.

And also with respect to Bermuda, our record of teamwork has been extremely good. Our company believe that the record we carry the manufacturing of records, consisting of bank documents, is such that we are certain that the arrangements included in this mutual lawful support treaty, which do require collaboration on the production of records, will certainly be adequate to guarantee that we get the records we need for our monetary examinations and also various other examinations.

Some various other MLATs also allow for immediate, non-written form demands to be made. Mr. Chairman, while it is real that the Common Legal Help Treaty does require requests in written kind, it was the judgment of the negotiators that it was adequate that, in this case, with regard to Bermuda, we would certainly be able to obtain quick feedbacks to our requests and additionally provide such reactions to Bermuda's demands, especially due to the fact that we have a practice already established that will certainly proceed, we think, under the treaty of being able to communicate those requests with email or through fax.

Legislator Cardin. So was this, essentially, a choice made by U.S. mediators, that it was not required, recognizing how we can promptly get faxes as well as e-mails sent out? Is that fair adequate to state, 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 demands were clear as well as in an extra official way. In the negotiations, it additionally ended up being clear that they approved that such demand might be made by fax or by e-mail. So the real issue they were worried concerning was not discovering a fast methods to make a request, however actually just taking dental requests off the table.

We're positive that we've got the means in location that we can make immediate demands of them in a means that will certainly be reliable. Mr. Swartz. Mr. Chairman, if I could include, actually, while it is an advantage to be able to make dental requests, in practice, it's very rare that we do so.

Senator Cardin. Mr. Johnson, do have any kind of comments on the financial institution documents concern? Mr. Johnson.

The difference between having the ability to do a dental request or being able to make use of one of these various other really fast ways, we believe, is not substantial. Senator Cardin. There've been some issues increased about the adequacy 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 regulation is a crucial and dynamic issue. We have actually seen a number of modifications throughout the years, including here in the United States. The Shared Lawful Help Treaty in Article 17 does obligate Bermuda to supply help to the United States in proceedings connecting to forfeiture of profits and also instrumentalities of criminal activity, to the level allowed by the regulation of Bermuda.

We've had 2 instances of successful ask for restriction and forfeiture of assets. Both instances were a success as well as we were able to acquire the funds. As a general matter, aid is available under the legislations of Bermuda, and also I do assume that's crucial to tension, when it come to cold, seizing, and also limiting assets, consisting of for issues associating to terrorism as well as terrorism financing.

However it needs to be kept in mind that forfeiture help is not restricted to what is permitted under Bermuda's residential law. With regard to a UNITED STATE order, Bermuda can not surrender a specific instrumentality of nondrug offenses, since that power doesn't exist domestically. Once more, that's restricted to instrumentalities in nondrug violation situations.

Legislator Cardin. Thank you. Let me simply ask the general concern, and any type of one of you can react to it. In the Bermuda arrangement, there's an arrangement that is not unknown to us, where Bermuda can reject collaboration in funding cases. We comprehend, I understand that, so I'm not being crucial of that provision being consisted of therein.

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Are we prevented as a result of that or exists a means in which we have the ability to coordinate under this treaty, also in those cases? Mr. Swartz. Mr. Chairman, our team believe as well as we hope we still would be able to cooperate. Bermuda showed, as well as has actually advised the United States, that it books the right to deny help in resources instances where the sentence includes a feasible death sentence, depending on the-- as opposed to the important public policy stipulation of Article 3 of the convention.

We have that experience with various other nations that have put similar interpretations on the shared lawful support responsibilities, and we've been able to work out setups in a number of cases that permit us to obtain proof or review whether the evidence is considerable enough to go ahead with some kind of additional steps being taken.

Mr. Johnson. Mr. Johnson. Yes, Legislator, if I can simply contribute to that, one of the reasons this treaty took as lengthy it did to negotiate and wrap up is because it was necessary to us to make certain that there had not been a specific restriction on aid in capital cases in the treaty itself.

Swartz associated to you. As well as that way we assume that aids preserve the principle that is necessary to us, that such collaboration needs to be available, irrespective of the sort of instance. And also we think this has actually also substantiated with some other nations, where also with comparable issues regarding teamwork in capital situations, they have, as an example, had the ability to supply aid to the nonpenalty phase of a trial or an additional celebration examination.

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Legislator Cardin. They do hold the right under this treaty to refute cooperation where the United States criminal justice system is seeking funding penalty? Mr. Johnson. Legislator, they hold the right under the treaty to not give assistance in instances that are contrary to public policy or their vital interests, and they have told us that they interpret that to enable them, in death penalty situations, to work out that.

Legislator Cardin. I understand that. I simply wanted to make it clear that they would not be an infraction of the treaty. We understand their interpretation, that if there was a situation pending here that we required their help, where, clearly, the district attorneys were looking for the execution, Bermuda can decide not to comply under this treaty (foreign tax credit).

Swartz. If I might claim, Mr. Chairman, notably, the treaty would certainly need, because this would be a denial under Article 3 of the treaty, that initially there needed to be examinations with the United States, prior to that rejection might move forward. And I think that's a vital facet of the negotiation that Mr.

Instead of having a specific provision, this is among a set of problems under which support may be denied after appointment, as well as, amongst other things, that there should be consideration as to whether help can be given, subject to such conditions as the asked for country regards needed. And also our experience in that regard has been that we usually can discover suitable assurances to permit evidence to be created, at the very least for initial assessment of the significance of evidence in the event on the whole.

As well as I think that would certainly be handy for us to have that info in this committee. Ms. Mc, Carthy, you have the easiest job right here, considering that this contract was previously authorized by this committee. As I said in my opening, we approved it too late in the 111th Congress for action.

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Have there been any substantial changes in our financial investment partnership with Rwanda given that last November when you gave testimony on this treaty? Ms. Mc, Carthy. Thank you, Mr. Chairman. What we have seen given that last November is a rise in United States financial investment in Rwanda, and I can give you a couple of examples.

In February of this year, we have Hilton Hotels; it's is going to open up a significant hotel in Kigali. And, likewise, Marriott Hotels is going in to promote the nation's growing hospitality market. So I would say that, provided this pattern of boosted financial investment, that it is necessary that the securities be afforded for them.

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financiers. Legislator Cardin. I thanks for that (foreign tax credit). You likewise discussed the truth that the United States is checking out other reciprocal investment treaties in Africa. I think you stated one various other nation. I assume we have 5 present bilateral investment treaties in Africa. Can you just show to us various other countries that the United States has revealed passion in bargaining treaties? Ms.

Senator Cardin. Thank you. I've been informed by the staff that I need to ask the inquiry of whether the administration still supports the Senate passage of the Rwanda treaty, since it was held over from the last Congress. For the record? Ms. Mc, Carthy. We certainly do. Senator Cardin.



I assume that completes the examining. I do appreciate your perseverance with the committee and also thank you extremely much for your testimony today.

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As set out listed below, we would like to provide updated details on reported UNITED STATE investment activity in Rwanda. In 2009, the supply of UNITED STATE foreign straight financial investment in Rwanda was $1 million (according to the Bureau of Economic Analysis).

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And also I think that would certainly be helpful for us to have that details in this board. Mr. Swartz. Thank you. We 'd rejoice to provide that. Legislator Cardin. Ms. Mc, Carthy, you have the easiest task below, given that this agreement was previously approved by this committee. As I stated in my opening, we accepted it far too late in the 111th Congress for action.

Have there been any kind of substantial modifications in our investment connection with Rwanda since last November when you offered testimony on this treaty? What we have seen since last November is a boost in United States financial investment in Rwanda, and I can give you a few instances.

In February of this year, we have Hilton Hotels; it's is going to open up a major hotel in Kigali. As well as, additionally, Marriott Hotels is going in to facilitate the nation's growing friendliness sector. I would certainly say that, given this pattern of increased financial investment, that it is essential that the defenses be afforded for them.

You additionally pointed out the reality that the United States is exploring various other reciprocal investment treaties in Africa. I assume we have 5 existing reciprocal investment treaties in Africa. Can you just share with us various other nations that the United States has shown rate of interest in bargaining treaties?

I assume that finishes the examining. We could have some additional concerns for the record. As you know, the document stays open for 24 hrs, so you obtain a break. That's a rather quick turn-around time for this committee. But I do appreciate your patience with the board and thank you quite for your testament today.

Answer. As laid out listed below, we would certainly such as to give upgraded information on reported U.S. investment task in Rwanda. Besides these updates, the solutions supplied by the Division's witness in the 111th Congress remain precise. 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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