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I want to offer you all a break for a minute and also transform to Mr. Swartz. Typically, we would have had 2 panels, yet we really did not know how the Senate would certainly be operating today, so in an initiative to make sure we got with all the treaties today, we did this as one panel.

Swartz, you direct out in your statement and also your declarations that the treaty with Bermuda additionally pierces bank privacy as well as gives a device for us obtaining the details we need. There have actually been some common legal help treaties that include arrangements relevant directly to sharing financial institution records or other financial details.

Swartz. Thanks, Mr. Chairman. When it come to that particular issue, the committee may be referring to the fairly brand-new provision that shows up, for example, in our E.U.-U.S. Mutual Legal Support Treaty, the recognition of financial institution records stipulation. That was a provision that was composed and also taken on in the context of the E.U.

Under that provision, it's feasible for the asking for party to inquire regarding whether an account exists in the requested nation, or in the instance of the E.U., one of the asked for member states. But, after that, the demand, if there is an identification of an account, should be followed up with a typical mutual legal support treaty.

And when it come to Bermuda, our document of collaboration has been extremely good. Our team believe that the record we have on the production of documents, consisting of bank records, is such that we are positive that the arrangements consisted of in this mutual legal assistance treaty, which do need collaboration on the production of documents, will suffice to make certain that we obtain the records we need for our financial examinations as well as other investigations.

Some other MLATs additionally enable for urgent, non-written form requests to be made. Mr. Chairman, while it is real that the Mutual Lawful Help Treaty does call for requests in written kind, it was the judgment of the mediators that it was enough that, in this situation, with respect to Bermuda, we would be able to acquire quick responses to our demands as well as likewise provide such actions to Bermuda's requests, especially since we have a practice currently established that will continue, we think, under the treaty of being able to communicate those requests through e-mail or with fax.

Senator Cardin. Mr. Johnson. Mr. Johnson.

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Bermuda withstood that since they wished to make certain that the demands were clear and also in a much more official way. But in the settlements, it likewise ended up being clear that they accepted that such demand might be made by fax or by e-mail. So the genuine concern they were concerned concerning was not locating a fast ways to make a demand, however really simply taking dental demands off the table.

So we're positive that we have actually got the ways in place that we can make urgent requests of them in a manner that will certainly work. Mr. Swartz. Mr. Chairman, if I might add, actually, while it is an advantage to be able to make oral requests, in practice, it's very uncommon that we do so.

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

The distinction in between being able to do an oral demand or having the ability to use among these various other extremely rapid ways, we think, is not consequential. Senator Cardin. There've been some concerns elevated about the competence of Bermuda law relative to loss of earnings as well as instrumentalities of criminal offenses.

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Mr. Chairman, we are. The Common Lawful Support Treaty in Short article 17 does obligate Bermuda to provide aid to the United States in procedures connecting to forfeiture of profits as well as agencies of criminal offense, to the degree allowed by the regulation of Bermuda.

We've had 2 instances of successful ask for restraint and also loss of possessions. Both circumstances were a success and also we had the ability to obtain the funds. As a basic matter, aid is readily available under the laws of Bermuda, and I do assume that is necessary to tension, when it come to freezing, seizing, and limiting properties, consisting of for issues associating with terrorism and also terrorism funding.

It should be noted that loss assistance is not limited to what is allowed under Bermuda's domestic regulation. With regard to an U.S. order, Bermuda can not forfeit a details instrumentality of nondrug offenses, because that power doesn't exist domestically. Again, that's restricted to agencies in nondrug crime situations.

Senator Cardin. In the Bermuda contract, there's an arrangement that is not strange to us, where Bermuda can deny participation in funding situations.

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Are we hindered as a result of that or is there a way in which we are able to work together under this treaty, also in those cases? Mr. Swartz. Mr. Chairman, our team believe and also we wish we still would certainly be able to cooperate. Bermuda suggested, and has recommended the United States, that it reserves the right to reject assistance in funding situations where the sentence consists of a possible capital punishment, counting on the-- as opposed to the essential public policy provision of Post 3 of the convention.

We have that experience with various other nations that have actually put similar interpretations on the mutual legal assistance duties, and we have actually been able to work out plans in a number of situations that allow us to get evidence or go over whether the evidence is considerable sufficient to go forward with some kind of additional steps being taken.

Mr. Johnson. Mr. Johnson. Yes, Senator, if I could simply include to that, among the reasons this treaty took as long it did to negotiate and also conclude is due to the fact that it was necessary to us to see to it that there had not been a specific restriction on aid in funding instances in the treaty itself.

Swartz pertaining to you. And that way we believe that helps maintain the concept that is necessary to us, that such participation must be offered, irrespective of the sort of situation. As well as we think this has actually also birthed out with some other nations, where despite having comparable problems about teamwork in funding cases, they have, as an example, had the ability to provide assistance to the nonpenalty phase of a trial or one more celebration investigation.

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They do hold the right under this treaty to deny collaboration where the United States criminal justice system is looking for resources punishment? Senator, they hold the right under the treaty to not give assistance in situations that are contrary to public policy or their crucial rate of interests, as well as they have told us that they analyze that to allow them, in fatality charge cases, to work out that.

I simply wanted to make it clear that they would not be an infraction of the treaty. We understand their analysis, that if there was a case pending here that we needed their aid, where, plainly, the district attorneys were seeking the fatality penalty, Bermuda can determine not to work together under this treaty.

Swartz. If I could state, Mr. Chairman, importantly, the treaty would certainly call for, since 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 rejection might move forward. And also I believe that's a crucial element of the settlement that Mr.

Instead of having a specific provision, this is just one of a collection of conditions under which support may be refuted after assessment, as well as, among other things, that there need to be factor to consider regarding whether support can be provided, subject to such problems as the requested nation considers necessary. And our experience because respect has actually been that we sometimes can find proper guarantees to enable proof to be generated, at the very least for first assessment of the significance of proof in the situation generally.

As well as I believe that would certainly be handy for us to have that info in this board. Ms. Mc, Carthy, you have the most convenient job below, since this contract was formerly authorized by this committee. As I stated in my opening, we accepted it as well late in the 111th Congress for activity.

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Have there been any substantial changes in our financial investment connection with Rwanda since last November when you gave testament on this treaty? Ms. Mc, Carthy. Thanks, Mr. Chairman. What we have actually seen considering that last November is a rise in United States investment in Rwanda, and also 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 major resort in Kigali. As well as, likewise, Marriott Hotels is going in to assist in the country's growing hospitality industry. I would certainly say that, given this pattern of raised financial investment, that it is crucial that the protections be afforded for them.

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You also mentioned the truth that the United States is checking out various other reciprocal financial investment treaties in Africa. I believe we have 5 present reciprocal investment treaties in Africa. Can you just share with us other nations that the United States has shown passion in discussing treaties?

I think that completes the examining. We might have some extra inquiries for the document. As you know, the document continues to be open for 1 day, so you obtain a break. That's a rather rapid turnaround time for this committee. I do value your patience with the committee as well as thank you really much for your statement today.

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As established out below, we would certainly like to provide upgraded information on reported U.S. financial investment task in Rwanda. In 2009, the stock of UNITED STATE foreign straight investment in Rwanda was $1 million (according to the Bureau of Economic Evaluation).

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And also I believe that would certainly be helpful for us to have that details in this board. Mr. Swartz. Thank you. We would certainly be happy to supply that. Legislator Cardin. Ms. Mc, Carthy, you have the simplest job right here, given that this contract was previously accepted by this board. As I said in my opening, we accepted it as well late in the 111th Congress for action.

Have there been any kind of considerable adjustments in our financial investment partnership with Rwanda considering that last November when you offered testimony on this treaty? What we have seen considering that last November is an increase in United States investment in Rwanda, and I can give you a few examples.

Also, in February of this year, we have Hilton Hotels; it's is mosting likely to open a major resort in Kigali. As well as, likewise, Marriott Hotels is going in to assist in the nation's expanding friendliness industry. So I would certainly claim that, provided this pattern of boosted financial investment, that it is very important that the defenses be managed for them.

capitalists. Senator Cardin (foreign tax credit). I thank you for that. You also stated the truth that the United States is exploring various other reciprocal investment treaties in Africa. I believe you discussed one various other country. I think we have 5 current reciprocal investment treaties in Africa. Can you simply show to us various other nations that the United States has shown rate of interest in discussing treaties? Ms.

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Senator Cardin. Thanks. I have actually been told by the team that I should ask the inquiry of whether the management still supports the Senate approval of the Rwanda treaty, because it was held over from the last Congress. For the record? Ms. Mc, Carthy. We certainly do. Senator Cardin.

I think that finishes the questioning. I do value your persistence with the board and thank you really a lot for your testimony today.

Solution. As set out below, we would such as to supply updated information on reported UNITED STATE financial investment task in Rwanda. Besides these updates, the solutions supplied by the Department's witness in the 111th Congress stay exact. In 2009, the supply of U.S. foreign straight financial investment in Rwanda was $1 million (according to the Bureau of Economic Evaluation).

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