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conclusion These stipulations as well as issues are all talked about in more information in the Joint Committee staff handouts on the recommended treaty as well as methods. I more than happy to respond to any type of questions that your committee might contend this time around or in the future. Legislator Cardin. Thanks really a lot for your testament.

Initially, obviously, this treaty develops a binding lawful responsibility to give shared lawful aid, changing a collegial and also good connection with one that currently has a treaty basis. Second, the treaty offers help in a large range of criminal justice matters. As the board knows, the treaty provides that support will be given in link "with the investigation, prosecution, as well as prevention of criminal offenses for which the optimum charge is starvation of liberty for at least one year" as determined by the laws of the event looking for assistance.

Third, the treaty additionally explains that support will be available with procedures by the Stocks and also Exchange Compensation, when those process are subordinate to or gotten in touch with pending criminal investigations as well as procedures, which obviously is necessary for our monetary criminal offense investigations. Fourth, the treaty likewise attends to a broad array of various sorts of cooperation in criminal issues, including taking the testimony or declarations of individuals; offering papers, records, and other kinds of evidence; transferring persons captive for testament or various other purposes; performing searches and seizures; aiding in proceedings associating with the loss of possessions; as well as any type of other type helpful not inconsistent with the legislations of the event granting the aid.

The treaty, jointly bargained by the Departments of State and Justice, shows the international law enforcement priorities of the Division of Justice. Appropriately, we join the Division of State in advising the committee to report positively to the Us senate as well as suggest its recommendations as well as consent to passage of the treaty.

Virtually 35 years later, we currently have MLATs active with over 60 countries. The transmittal package for the MLAT with Bermuda offers an in-depth article-by-article evaluation of the treaty, which I will not try to repeat below. form 5472 instructions. Instead, I want to highlight just how the MLAT with Bermuda shows our international legislation enforcement priorities.

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Furthermore, replacing the present practice of optional cooperation, the treaty will certainly establish a binding, lawful responsibility to give aid "in link with the investigation, prosecution, as well as avoidance of criminal offenses for which the optimum charge is deprival of liberty for a minimum of one year, and in process connected to criminal issues." Restricting applicability to offenses punishable by a minimum of 1 year's imprisonment, as determined by the fine provisions in the party looking for the support, makes clear that the treaty is to be utilized for requests associating with severe offenses, while still attending to assistance in a large range of criminal issues, including terrorism, arranged criminal activity, narcotics trafficking, money laundering, fraudulence, tax offenses, copyright criminal activities as well as ecological offenses.

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Post 21 of the treaty better makes clear that assistance would certainly be readily available for process by the Securities and Exchange Payment when those process are incidental to or linked with pending criminal investigations and process. The treaty with Bermuda additionally offers for a broad variety of various kinds of collaboration in criminal matters, including taking the testimony or statements of persons; supplying documents, documents, and also other articles of evidence; finding or determining persons or items; serving papers; transferring individuals in safekeeping for testament or other functions; conducting searches as well as seizures; aiding in procedures related to the forfeit of properties, restitution, as well as the collection of criminal penalties; and also any type of other kind of help not irregular with the legislations of the event granting the support.

Dramatically, the Bermuda MLAT provides a framework for collaboration in the tracing, seizure, and also forfeiture of criminally derived properties. Despite the several advantages used by the treaty with Bermuda, we recognize that MLATs in themselves are not the service to all elements of law enforcement teamwork. Their success depends upon our capability to implement them successfully, integrating thorough as well as upgraded lawful provisions with the proficiency as well as political will of our treaty companions.

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If the Us senate gives its guidance and also consent to ratification, this treaty will certainly fill a space in the legal structure for global legislation enforcement cooperation in this region. The treaty is just one of a series of modern-day shared lawful help treaties worked out by the United States considering that the 1980s as well as includes all the necessary provisions of such treaties that the United States seeks.

This obligation would certainly include process connected to criminal matters, such as forfeit proceedings, in addition to proceedings of the Securities and Exchange Compensation when secondary to pending criminal investigations or prosecutions. The treaty itself additionally offers to produce an additional lawful responsibility to give help connected to criminal tax offenses, consisting of those not covered by the two existing tax agreements we have with Bermuda.

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I would note that unlike a variety of our various other mutual lawful support treaties covering abroad areas of the United Kingdom, which have actually been concluded by the United Kingdom on their behalf, this treaty was ended straight with the Federal government of Bermuda. Before signature, the United States obtained from the United Kingdom a copy of its entrustment letter to Bermuda, granting Bermuda the authority to sign and conclude this treaty.

It's our understanding that Bermuda has completed the internal legal needs for access right into force of this treaty. It's, therefore, essential that the United States is in a placement to bring this treaty into pressure immediately. We can then begin to gain from the numerous devices it gives to enhance our law-enforcement participation with Bermuda.

If approved, it would produce a legal commitment for Bermuda to give help "in connection with the examination, prosecution, and avoidance of criminal offenses," with a couple of restricted exceptions. This obligation would certainly encompass process connected to criminal matters, such as forfeiture proceedings, in addition to procedures of the Stocks and also Exchange Commission when ancillary to pending criminal investigations or prosecutions.

It supplies that, before a celebration seeks to implement an obligatory procedure requiring an activity to be carried out in the various other party connecting to a matter for which assistance is available under the treaty (such as production of bank records), the event needs to initially try in good confidence to obtain the desired help under the treaty.

I would additionally keep in mind that, unlike a number of other common legal help treaties covering overseas regions of the United Kingdom, which have actually been wrapped up by the United Kingdom on their behalf, this treaty was wrapped up straight with the Federal government of Bermuda. Prior to trademark, the United States gotten from the UK a copy of its entrustment letter to Bermuda, approving Bermuda authority to sign and also conclude the treaty.

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We comprehend that Bermuda has finished the internal legal demands for entrance right into force of this treaty. It is, therefore, essential that the United States remain in a position to bring this treaty right into pressure immediately. We can after that take advantage of the many tools it supplies to improve our legislation enforcement participation with Bermuda.

Thanks. Mr. Chairman, Legislator Lee, thanks for the chance to affirm before the Foreign Relations Committee as the administration consults as well as authorization of the Senate to approval of the United States-Rwanda Bilateral Investment Treaty. Foreign financial investment is an important resource of financial development in the United States as well as around the globe.

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Secretary of State Clinton, in her comments at the OECD on May 26, described an essential international agreement about advancement, that "while aid is essential, help alone is insufficient; that to aid people reach their complete capacity, we have to also promote sustainable and comprehensive economic growth." We intend to make use of the complete series of devices at our disposal to promote these goals, such as advertising company social responsibility with the OECD standards for international business, international initiatives to battle bribery of foreign public authorities, and also devices such as reciprocal investment arrangements to promote enhanced financial investment climates.

As well as it would secure the rights of the United States investors in Rwanda. The administration many thanks the board for its consideration of the treaty, as well as we advise you to report it positively to the complete Senate for action. I 'd enjoy to respond to any questions that you may have. [The prepared declaration of Ms.

Mc, Carthy Mr. Chairman, thanks for the opportunity to affirm before the Foreign Relations Board as the administration inquires and consent of the Senate to ratification of the United States-Rwanda Bilateral Financial Investment Treaty (LITTLE BIT). financial investment as well as development goals Foreign financial investment is a crucial resource of financial growth in the United States as well as around the globe.

Around 27 percent of all UNITED STATE exports are acquired from foreign direct investment either in the United States or abroad. Foreign companies spent in the United States employ over 5.

Foreign investment can additionally be an effective device for financial growth abroad. Abroad development aid, while important and also crucial, can not match the power, speed, as well as influence of private resources-- an essential variable for countries to relocate ahead financially. As Assistant of State Clinton has actually stated, we think that financial investment as well as profession are powerful tools to spread out advancement as well as opportunity deep within cultures.



financial investment has the possible to transform Rwanda's financial landscape as well as play a significant duty in aiding the Rwandan Federal government's efforts to end up being a regional economic center. The BIT with Rwanda, as soon as effective, would certainly reinforce the Rwandan Government's initiatives to more reform its economic situation as well as advertise a strong service environment.

It will likewise secure the legal rights of UNITED STATE capitalists in Rwanda. The Department of State as well as the Office of the U.S. Trade Rep coled the negotiation of this treaty, with the involvement of the Departments of Business, the Treasury, and various other U.S. Government companies. The treaty, which was joined February 19, 2008, has a collection of core capitalist securities, which include: National treatment and most-favored-nation therapy for the complete life process of investment, consisting of in the facility, acquisition, procedure, monitoring, as well as ultimate disposition of a financial investment; The free transfer of investment-related funds; Prompt, appropriate, and also efficient settlement in the occasion of an expropriation; A minimum requirement of treatment grounded in traditional worldwide regulation; Freedom of financial investment from specified performance requirements; Prohibitions on nationality-based restrictions for the hiring of elderly managers; as well as Stipulations on openness in magazine of investment- related regulations, regulations, and also various other measures, and also the chance, to the level feasible, for interested celebrations to comment on such recommended procedures.

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Under the design, each party might take minimal exceptions to the core commitments connected to nationwide treatment, most-favored-nation treatment, performance demands, as well as senior administration and also boards of directors. In this location, Rwanda has actually taken just a few, slim exceptions; the treaty thus sends out a powerful signal regarding Rwanda's openness to foreign financial investment.

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