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Well, thanks significantly. I want to give you all a break for a minute and rely on Mr. Swartz. You've been really patient, the 3 of you. I value that significantly. Usually, we would certainly have had 2 panels, but we didn't recognize how the Us senate would be running today, so in an effort to see to it we got with all the treaties today, we did this as one panel.

Swartz, you direct out in your statement as well as your declarations that the treaty with Bermuda also pierces bank privacy and also provides a system for us obtaining the info we need. There have been some mutual legal support treaties which contain stipulations related directly to sharing financial institution records or other financial information.

Swartz. Thank you, Mr. Chairman. When it come to that particular problem, the committee may be describing the relatively brand-new arrangement that shows up, as an example, in our E.U.-U.S. Mutual Legal Aid Treaty, the identification of bank documents arrangement. That was a provision that was drafted as well as adopted in the context of the E.U.

Under that arrangement, it's feasible for the requesting party to seek information regarding whether an account exists in the asked for country, or in the instance of the E.U., one of the asked for participant states. After that, the demand, if there is an identification of an account, need to be followed up with a conventional mutual lawful help treaty.

As well as with respect to Bermuda, our record of participation has been great. Our company believe that the document we have on the manufacturing of records, consisting of bank documents, is such that we are certain that the stipulations consisted of in this mutual lawful support treaty, which do need teamwork on the manufacturing of records, will certainly be enough to ensure that we acquire the documents we need for our financial examinations and other examinations.

Some various other MLATs additionally enable urgent, non-written kind demands to be made. It's my understanding that in Bermuda, it must be in written type. Any reason that provision was not included in this contract? Mr. Swartz. Mr. Chairman, while it is true that the Shared Legal Help Treaty does need requests in written form, it was the judgment of the arbitrators that it was sufficient that, in this case, when it come to Bermuda, we would certainly have the ability to get quick feedbacks to our demands and additionally give such responses to Bermuda's demands, specifically since we have a practice currently established that will proceed, our company believe, under the treaty of being able to share those demands via e-mail or through fax.

Legislator Cardin. Was this, generally, a choice made by U.S. negotiators, that it was not needed, recognizing exactly how we can quickly get faxes as well as emails sent? Is that reasonable adequate to claim, or otherwise? Mr. Johnson. Senator, if I can aid on that one? Senator Cardin. Certain. Mr. Johnson.

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Bermuda resisted that due to the fact that they wished to make certain that the requests were clear as well as in an extra formal means. In the negotiations, it likewise became clear that they approved that such demand could be made by fax or by e-mail. The real concern they were worried about was not locating a quick means to make a demand, but really just taking dental demands off the table.

We're confident that we have actually obtained the methods in place that we can make immediate requests of them in a way that will certainly be effective. Mr. Swartz. Mr. Chairman, if I may include, actually, while it is a benefit to be able to make oral demands, in technique, it's very rare that we do so.

Senator Cardin. Mr. Johnson, do have any kind of comments on the bank documents problem? Mr. Johnson.

The distinction in between having the ability to do an oral request or being able to utilize among these other extremely rapid methods, we think, is not consequential. Legislator Cardin. There've been some concerns increased concerning the competence of Bermuda law relative to loss of earnings and also instrumentalities of criminal offenses.

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Mr. Chairman, we are. The Shared Lawful Aid Treaty in Article 17 does obligate Bermuda to provide assistance to the United States in proceedings relating to loss of profits as well as agencies of criminal offense, to the extent permitted by the legislation of Bermuda.

We've had two examples of successful demands for restriction and loss of assets. Both instances were a success and we were able to get the funds. As a general issue, aid is available under the laws of Bermuda, as well as I do believe that is very important to tension, with respect to cold, seizing, as well as limiting assets, including for issues connecting to terrorism and terrorism financing.

Yet it needs to be kept in mind that loss assistance is not restricted to what is allowed under Bermuda's domestic law. With respect to an U.S. order, Bermuda can not forfeit a specific instrumentality of nondrug offenses, because that power doesn't exist locally. Again, that's restricted to agencies in nondrug offense instances.

Legislator Cardin. Thank you. Let me simply ask the basic concern, as well as any among you can react to it. In the Bermuda arrangement, there's a stipulation that is not unfamiliar to us, where Bermuda can reject cooperation in funding instances. We comprehend, I understand that, so I'm not being important of that arrangement being included therein.

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Are we hindered as an outcome of that or is there a way in which we have the ability to comply under this treaty, even in those instances? Mr. Swartz. Mr. Chairman, our company believe and we hope we still would be able to coordinate. Bermuda suggested, and also has encouraged the United States, that it schedules the right to refute assistance in capital situations where the sentence consists of a feasible death sentence, depending on the-- in contrast to the crucial public law provision of Write-up 3 of the convention.

Actually, we have that experience with other nations that have actually placed comparable interpretations on the common legal support duties, and we've had the ability to function out plans in a variety of cases that enable us to acquire evidence or go over whether the proof is significant enough to go ahead with some kind of further steps being taken.

Mr. Johnson. Mr. Johnson. Yes, Senator, if I could simply contribute to that, one of the factors this treaty took as long it did to bargain as well as end is due to the fact that it was very important to us to make certain that there had not been an express limitation on assistance in capital instances in the treaty itself.

Swartz pertaining to you. And also that method we think that assists preserve the principle that is essential to us, that such collaboration needs to be offered, irrespective of the type of case. And we assume this has actually also substantiated with some other countries, where despite comparable problems about participation in capital instances, they have, as an example, had the ability to supply support to the nonpenalty phase of a trial or another celebration investigation.

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Legislator Cardin. They do hold the right under this treaty to reject teamwork where the United States criminal justice system is seeking resources penalty? Mr. Johnson. Legislator, they hold the right under the treaty to not supply assistance if contrast public law or their essential rate of interests, as well as they have actually informed us that they analyze that to enable them, in capital punishment situations, to work out that.

Senator Cardin. I recognize that. I just intended to make it clear that they would certainly not be an offense of the treaty. We recognize their interpretation, that if there was an instance pending below that we required their assistance, where, clearly, the prosecutors were seeking the death charge, Bermuda might decide not to coordinate under this treaty (foreign tax credit).

Swartz. If I could state, Mr. Chairman, significantly, the treaty would certainly call for, given that this would certainly be a denial under Short article 3 of the treaty, that first there needed to be assessments with the United States, before that rejection could go ahead. As well as I believe that's an essential aspect of the arrangement that Mr.

As opposed to having an explicit stipulation, this is one of a collection of conditions under which help may be rejected after appointment, as well as, to name a few points, that there must be factor to consider as to whether help can be given, subject to such conditions as the requested country regards essential. And our experience because regard has actually been that we frequently can locate suitable assurances to enable evidence to be produced, a minimum of for preliminary assessment of the importance of evidence in case overall.

As well as I believe that would be useful for us to have that information in this committee. Ms. Mc, Carthy, you have the most convenient job below, because this arrangement was previously authorized by this board. As I claimed in my opening, we authorized it too late in the 111th Congress for action.

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Have there been any type of substantial adjustments in our financial investment relationship with Rwanda given that last November when you offered testimony on this treaty? Ms. Mc, Carthy. Thank you, Mr. Chairman. What we have seen since last November is a rise in United States investment in Rwanda, as well as I can offer you a couple of instances.

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 entering to promote the country's growing hospitality market. I would state that, provided this pattern of raised investment, that it is important that the protections be managed for them.

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capitalists. Senator Cardin. I thank you for that (foreign tax credit). You also stated the truth that the United States is checking out other reciprocal financial investment treaties in Africa. I think you discussed another nation. I think we have five present reciprocal investment treaties in Africa. Can you simply show to us various other nations that the United States has shown passion in discussing treaties? Ms.

Senator Cardin. Thank you. I have actually been informed by the personnel that I should ask the inquiry of whether the management still sustains the Us senate ratification of the Rwanda treaty, since it was held over from the last Congress. So, for the record? Ms. Mc, Carthy. We absolutely do. Legislator Cardin.

I think that finishes the questioning. I do appreciate your persistence with the board and thank you really much for your testament today.

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As set out below, we would like to give updated info on reported UNITED STATE investment activity in Rwanda. 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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As well as I think that would be practical for us to have that info in this committee. Mr. Swartz. Thanks. We would certainly be glad to supply that. Legislator Cardin. Ms. Mc, Carthy, you have the most convenient work right here, given that this contract was previously accepted by this committee. As I claimed in my opening, we accepted it too late in the 111th Congress for activity.

Have there been any substantial modifications in our financial investment relationship with Rwanda since last November when you offered testament on this treaty? What we have seen considering that last November is an increase in United States financial investment in Rwanda, and I can give you a couple of instances.

Additionally, in February of this year, we have Hilton Hotels; it's is going to open a major hotel in Kigali. And, likewise, Marriott Hotels is going in to promote the nation's growing friendliness industry. So I would claim that, offered this pattern of raised financial investment, that it is essential that the securities be afforded for them.

You additionally stated the fact that the United States is discovering other bilateral financial investment treaties in Africa. I think we have five current bilateral 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 finishes the examining. We might have some additional questions for the document. As you recognize, the document stays open for 1 day, so you get a break. That's a quite fast turnaround time for this board. I do appreciate your patience with the committee and thank you very much for your statement today.

Answer. As established out listed below, we want to supply upgraded info on reported U.S. financial investment task in Rwanda. Aside from these updates, the answers given by the Division's witness in the 111th Congress remain accurate. In 2009, the supply of UNITED STATE foreign straight investment in Rwanda was $1 million (according to the Bureau of Economic Analysis).

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