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I want to provide you all a break for a minute and turn to Mr. Swartz. Typically, we would certainly have had two panels, yet we didn't recognize just how the Senate would certainly be operating today, so in an initiative to make sure we got through all the treaties today, we did this as one panel.

Swartz, you explain in your statement as well as your statements that the treaty with Bermuda likewise pierces financial institution privacy as well as supplies a device for us obtaining the info we need. There have been some shared lawful assistance treaties which contain stipulations related directly to sharing financial institution documents or other financial information.

That was an arrangement that was composed as well as embraced in the context of the E.U.

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Under that provision, arrangement's possible for feasible requesting party to event information look for info whether an account exists in the requested country, or in the case of situation E.U., one of the requested member asked for. Afterwards, the request, if there is an identification of an account, need to be adhered to up through a typical shared lawful help treaty.

And also with regard to Bermuda, our record of teamwork has actually been extremely excellent. Our company believe that the document we have on the production of documents, including financial institution documents, is such that we are confident that the arrangements consisted of in this common lawful assistance treaty, which do need collaboration on the manufacturing of documents, will certainly suffice to ensure that we get the documents we require for our financial investigations as well as various other investigations.

Some various other MLATs additionally enable for immediate, non-written kind demands to be made. Mr. Chairman, while it is true that the Mutual Lawful Support Treaty does need requests in written form, it was the judgment of the negotiators that it sufficed that, in this case, with regard to Bermuda, we would be able to obtain prompt reactions to our demands and likewise offer such feedbacks to Bermuda's demands, especially since we have a practice currently established that will continue, we think, under the treaty of being able to convey those demands via email or with fax.

Senator Cardin. Was this, generally, a choice made by UNITED STATE mediators, that it was not needed, knowing exactly how we can promptly get faxes and also emails sent? Is that fair sufficient to state, or not? Mr. Johnson. Senator, if I can help on that one? Legislator Cardin. Sure. Mr. Johnson.

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Bermuda resisted that because they intended to ensure that the demands were clear and in an extra formal method. In the arrangements, it also became clear that they approved that such demand could be made by fax or by e-mail. So the real issue they were concerned regarding was not finding a fast means to make a demand, however actually just taking oral requests off the table.

We're certain that we have actually got the means in area that we can make urgent requests of them in a method that will certainly be effective. Mr. Swartz. Mr. Chairman, if I may include, as a matter of fact, while it is an advantage to be able to make dental demands, in technique, it's really rare that we do so.

Legislator Cardin. Mr. Johnson, do have any kind of comments on the financial institution records problem? Mr. Johnson.

The distinction between having the ability to do an oral request or having the ability to make use of among these other really fast means, we believe, is not substantial. Senator Cardin. There've been some problems increased concerning the adequacy of Bermuda legislation relative to loss of profits and instrumentalities of criminal offenses.

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Mr. Chairman, we are. The Mutual Legal Aid Treaty in Article 17 does obligate Bermuda to supply aid to the United States in procedures associating to loss of earnings as well as instrumentalities of crime, to the extent allowed by the law of Bermuda.

We've had 2 examples of successful requests for restraint and also forfeit of possessions. Both instances were a success as well as we had the ability to get the funds. As a general issue, support is available under the laws of Bermuda, and I do assume that is essential to tension, with regard to freezing, taking, and restraining possessions, including for matters connecting to terrorism and terrorism funding.

But it needs to be noted that forfeit assistance is not limited to what is allowed under Bermuda's domestic regulation. When it come to a UNITED STATE order, Bermuda can not forfeit a particular agency of nondrug offenses, since that power does not exist locally. Once more, that's restricted to agencies in nondrug offense instances.

Senator Cardin. In the Bermuda agreement, there's a provision that is not unknown to us, where Bermuda can reject teamwork in capital cases.

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Are we impeded 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 think and also we wish we still would certainly be able to work together.

We have that experience with other nations that have put comparable interpretations on the shared legal assistance obligations, as well as we've been able to work out plans in a number of situations that allow us to get proof or go over whether the evidence is significant sufficient to go forward with some kind of more steps being taken.

Mr. Johnson. Mr. Johnson. Yes, Senator, if I can simply include in that, among the reasons this treaty took as long it did to negotiate as well as wrap up is because it was essential to us to make sure that there had not been a specific constraint on support in funding instances in the treaty itself.

Swartz pertaining to you. Which method we assume that assists preserve the principle that is essential to us, that such teamwork needs to be available, irrespective of the kind of case. And we assume this has actually also borne out with a few other countries, where even with comparable worries about teamwork in resources instances, they have, for instance, had the ability to provide aid to the nonpenalty phase of a test or an additional celebration examination.

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They do hold the right under this treaty to deny collaboration where the United States criminal justice system is seeking capital punishment? Legislator, they hold the right under the treaty to not provide aid in cases that are in contrast to public policy or their important rate of interests, and also they have told us that they translate that to permit them, in fatality penalty cases, to exercise that.

Senator Cardin. I understand that. I simply desired to make it clear that they would certainly not be a violation of the treaty. We comprehend their interpretation, that if there was a case pending below that we needed their assistance, where, plainly, the district attorneys were seeking the death sentence, Bermuda could decide not to cooperate under this treaty (foreign tax credit).

If I might state, Mr. Chairman, significantly, the treaty would need, given that this would be a rejection under Short article 3 of the treaty, that first there had to be appointments with the United States, before that denial could go forward. And I believe that's a crucial aspect of the settlement that Mr.

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Rather than having an explicit provision, arrangement is one of a set of collection under problems assistance may be might after refuted, appointment, as well as other amongstVarious other points there must be should as to whether assistance can help given, provided to such conditions as the requested country asked for necessaryRegards

As well as I believe that would be useful for us to have that info in this committee. Mr. Swartz. Thanks. foreign tax credit. We 'd rejoice to supply that. Senator Cardin. Ms. Mc, Carthy, you have the simplest job below, because this arrangement was formerly authorized by this committee. As I stated in my opening, we accepted it far too late in the 111th Congress for action.

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Have there been any kind of significant modifications in our investment connection with Rwanda considering that last November when you provided statement on this treaty? Ms. Mc, Carthy. Thanks, Mr. Chairman. What we have seen given that last November is a boost in United States investment in Rwanda, as well as I can provide you a couple of examples.

Additionally, in February of this year, we have Hilton Hotels; it's is mosting likely to open a significant hotel in Kigali. As well as, likewise, Marriott Hotels is entering to facilitate the country's expanding hospitality industry. I would certainly say that, given this pattern of raised investment, that it is essential that the defenses be managed for them.

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investors. Senator Cardin. I thank you for that (foreign tax credit). You also discussed the truth that the United States is exploring other bilateral investment treaties in Africa. I think you discussed another country. I assume we have five present bilateral investment treaties in Africa. Can you simply show us other nations that the United States has shown interest in bargaining treaties? Ms.

Legislator Cardin. Thank you. I have actually been informed by the personnel that I must ask the inquiry of whether the administration still sustains the Us senate approval of the Rwanda treaty, given that it was held over from the last Congress. So, for the document? Ms. Mc, Carthy. We certainly do. Senator Cardin.



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

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Answer. As laid out listed below, we want to provide updated information on reported U.S. financial investment activity in Rwanda. Aside from these updates, the answers supplied by the Department's witness in the 111th Congress stay 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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As well as I believe that would be handy for us to have that information in this committee. Ms. Mc, Carthy, you have the most convenient job right here, considering that this arrangement was formerly authorized by this committee. As I claimed in my opening, we authorized it as well late in the 111th Congress for activity.

Have there been any substantial modifications in our investment partnership with Rwanda given that last November when you provided testament on this treaty? What we have seen considering that last November is an increase 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 a significant resort in Kigali. And also, likewise, Marriott Hotels is going in to help with the nation's expanding hospitality industry. I would state that, offered this pattern of boosted investment, that it is important that the securities be afforded for them.

You likewise discussed the reality that the United States is exploring various other bilateral financial investment treaties in Africa. I believe we have 5 current bilateral financial investment treaties in Africa. Can you simply share with us other countries that the United States has shown passion in discussing treaties?

I believe that completes the questioning. We might have some added questions for the document. As you know, the document remains open for 1 day, so you obtain a break. That's a pretty quick turnaround time for this committee. However I do appreciate your persistence with the committee and thank you significantly for your testament today.

Solution. As laid out listed below, we would certainly such as to offer upgraded details on reported U.S. investment task in Rwanda. Besides these updates, the solutions offered by the Department's witness in the 111th Congress remain accurate. In 2009, the supply of U.S. foreign direct financial investment in Rwanda was $1 million (according to the Bureau of Economic Evaluation).

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