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I want to give you all a break for a moment and turn to Mr. Swartz. Typically, we would certainly have had 2 panels, yet we really did not recognize how the Senate would be running today, so in an initiative to make sure we got through all the treaties today, we did this as one panel.

Swartz, you mention in your testament as well as your statements that the treaty with Bermuda likewise pierces bank secrecy and also gives a system for us getting the info we need. There have been some common legal support treaties that include stipulations associated straight to sharing financial institution records or various other monetary info.

Swartz. Thanks, Mr. Chairman. With regard to that specific issue, the committee might be referring to the relatively new arrangement that appears, as an example, in our E.U.-U.S. Mutual Legal Aid Treaty, the recognition of bank records provision. That was a provision that was prepared as well as adopted in the context of the E.U.

Under that stipulation, it's feasible for the asking for party to look for details regarding whether an account exists in the asked for nation, or when it comes to the E.U., one of the asked for participant states. Yet, after that, the demand, if there is a recognition of an account, should be followed up via a standard shared legal help treaty.

And with regard to Bermuda, our record of participation has been excellent. We think that the document we carry the manufacturing of records, including financial institution records, is such that we are certain that the stipulations consisted of in this mutual legal help treaty, which do call for teamwork on the production of documents, will certainly be sufficient to guarantee that we get the documents we require for our economic examinations as well as other examinations.

Some various other MLATs likewise enable urgent, non-written kind demands to be made. It's my understanding that in Bermuda, it needs to remain in written form. Any reason why that stipulation was not consisted of in this agreement? Mr. Swartz. Mr. Chairman, while it holds true that the Shared Legal Aid Treaty does call for demands in written form, it was the judgment of the mediators that it was adequate that, in this instance, when it come to Bermuda, we would certainly be able to get expeditious responses to our demands as well as also offer such actions to Bermuda's demands, specifically due to the fact that we have a practice currently developed that will continue, we believe, under the treaty of being able to communicate those requests with e-mail or via fax.

Legislator Cardin. So was this, basically, a choice made by UNITED STATE mediators, that it was not essential, recognizing just how we can swiftly obtain faxes as well as emails sent? Is that reasonable sufficient to say, or otherwise? Mr. Johnson. Legislator, if I can assist on that particular one? Legislator Cardin. Certain. Mr. Johnson.

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Bermuda withstood that since they wanted to make certain that the requests were clear as well as in a much more official method. However in the negotiations, it also became clear that they approved that such demand could be made by fax or by email. So the real concern they were worried about was not discovering a quick methods to make a request, but truly simply taking dental demands off the table.

We're certain that we have actually got the ways in location that we can make immediate requests of them in a means that will certainly be efficient. Mr. Swartz. Mr. Chairman, if I might add, actually, while it is an advantage to be able to make oral requests, in technique, it's extremely uncommon that we do so.

Legislator Cardin. My major worry is simply, in urgent issues, that it's not delayed. And also with contemporary interaction, it appears to me that can probably be dealt with. I'm more worried concerning financial institution records. Mr. Johnson, do have any type of discuss the financial institution records concern? Mr. Johnson. Once more, not specifically on the bank problem.

The difference in between having the ability to do a dental request or having the ability to make use of one of these other very fast ways, we believe, is not substantial. Senator Cardin. There've been some issues elevated concerning the competence of Bermuda regulation with regard to loss of earnings and also agencies of criminal offenses.

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Mr. Chairman, we are. The Common Lawful Support Treaty in Write-up 17 does obligate Bermuda to supply aid to the United States in proceedings connecting to forfeiture of profits and also agencies of crime, to the degree permitted by the regulation of Bermuda.

We have actually had two examples of effective demands for restraint and also forfeiture of assets. Both instances were a success as well as we were able to obtain the funds. As a basic issue, assistance is available under the regulations of Bermuda, as well as I do think that is necessary to stress and anxiety, with regard to cold, confiscating, and restraining assets, including for issues connecting to terrorism and also terrorism funding.

But it should be kept in mind that loss help is not limited to what is allowed under Bermuda's domestic law. When it come to a UNITED STATE order, Bermuda can not waive a certain instrumentality of nondrug offenses, because that power doesn't exist locally. Again, that's limited to instrumentalities in nondrug crime situations.

Senator Cardin. In the Bermuda agreement, there's an arrangement that is not strange to us, where Bermuda can reject collaboration in funding cases.

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Are we hindered as an outcome of that or is there a way in which we are able to work together under this treaty, even in those situations? Mr. Chairman, we believe as well as we wish we still would be able to coordinate.

In reality, we have that experience with various other nations that have put comparable analyses on the shared lawful aid duties, and we've had the ability to work out plans in a variety of cases that permit us to get evidence or talk about whether the evidence is substantial sufficient to go forward with some type of more actions being taken.

Mr. Johnson. Mr. Johnson. Yes, Senator, if I might simply add to that, one of the reasons this treaty took as long it did to discuss and also conclude is because it was essential to us to make sure that there had not been an express limitation on aid in funding instances in the treaty itself.

Swartz related to you. As well as that method we assume that assists preserve the concept that is necessary to us, that such teamwork should be offered, irrespective of the type of situation. And also we believe this has likewise substantiated with some various other countries, where despite having comparable problems about collaboration in funding instances, they have, for instance, had the ability to give help 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 participation where the United States criminal justice system is looking for funding penalty? Mr. Johnson. Senator, they hold the right under the treaty to not supply help in instances that are contrary to public policy or their vital interests, as well as they have actually informed us that they interpret that to enable them, in capital punishment cases, to work out that.

Legislator Cardin. I understand that. I simply wished to make it clear that they would certainly not be an offense of the treaty. We understand their analysis, that if there was a situation pending below that we needed their assistance, where, clearly, the prosecutors were looking for the death charge, Bermuda might choose not to coordinate under this treaty (foreign tax credit).

Swartz. If I can claim, Mr. Chairman, importantly, the treaty would certainly require, since this would be a denial under Article 3 of the treaty, that initially there needed to be examinations with the United States, before that rejection might go ahead. And also I believe that's a vital element of the negotiation that Mr.

Instead of having an explicit provision, this is among a set of conditions under which support might be refuted after appointment, and also, amongst various other points, that there have to be consideration as to whether support can be given, subject to such conditions as the asked for nation regards required. As well as our experience because respect has actually been that we sometimes can find proper guarantees to enable evidence to be created, at least for preliminary evaluation of the importance of proof in case in general.

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

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Have there been any kind of significant adjustments in our financial investment partnership with Rwanda because last November when you offered statement on this treaty? Ms. Mc, Carthy. Thank you, Mr. Chairman. What we have seen since last November is a boost in United States investment in Rwanda, and I can provide you a couple of examples.

In February of this year, we have Hilton Hotels; it's is going to open up a major hotel in Kigali. And, additionally, Marriott Hotels is entering to help with the nation's growing hospitality industry. So I would claim that, given this pattern of enhanced financial investment, that it is necessary that the defenses be managed for them.

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financiers. Legislator Cardin. I thanks for that (foreign tax credit). You also discussed the truth that the United States is discovering various other reciprocal financial investment treaties in Africa. I believe you discussed one other country. I think we have five present bilateral investment treaties in Africa. Can you just show to us other countries that the United States has revealed rate of interest in negotiating treaties? Ms.

Legislator Cardin. Thanks. I have actually been told by the team that I ought to ask the question of whether the administration still sustains the Us senate approval of the Rwanda treaty, since it was held over from the last Congress. So, for the document? Ms. Mc, Carthy. We definitely do. Legislator Cardin.

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

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Response. As laid out listed below, we want to give updated information on reported UNITED STATE financial investment task in Rwanda. Besides these updates, the responses provided by the Department's witness in the 111th Congress continue to be precise. In 2009, the stock of U.S. foreign direct investment in Rwanda was $1 million (according to the Bureau of Economic Evaluation).

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And I think that would be handy for us to have that details in this board. Mr. Swartz. Thank you. We would certainly rejoice to provide that. Senator Cardin. Ms. Mc, Carthy, you have the most convenient work right here, given that this agreement was formerly authorized by this committee. As I said in my opening, we authorized it far too late in the 111th Congress for action.

Have there been any significant changes in our investment connection with Rwanda since last November when you offered testament on this treaty? What we have seen since last November is a rise in United States investment in Rwanda, and I can provide you a couple of examples.

Also, in February of this year, we have Hilton Hotels; it's is mosting likely to open up a major hotel in Kigali. And, also, Marriott Hotels is going in to assist in the nation's growing friendliness industry. I would certainly say that, offered this pattern of boosted financial investment, that it is vital that the defenses be managed for them.

You also mentioned the reality that the United States is checking out various other reciprocal investment treaties in Africa. I assume we have 5 present bilateral financial investment treaties in Africa. Can you simply share with us various other countries that the United States has shown interest in bargaining treaties?

I assume that completes the examining. I do appreciate your perseverance with the board as well as thank you very much for your statement today.

Answer. As set out listed below, we want to give upgraded info on reported U.S. investment task in Rwanda. Apart from these updates, the responses given by the Department's witness in the 111th Congress continue to be precise. In 2009, the supply of U.S. foreign direct financial investment in Rwanda was $1 million (according to the Bureau of Economic Analysis).

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