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conclusion These stipulations as well as issues are all reviewed in more information in the Joint Board staff pamphlets on the proposed treaty as well as methods. I enjoy to address any kind of questions that your board might contend this time around or in the future. Senator Cardin. Thanks significantly for your statement.

Of program, this treaty produces a binding lawful responsibility to give shared lawful support, replacing a collegial as well as excellent partnership with one that currently has a treaty basis. Second, the treaty attends to aid in a large range of criminal justice matters. As the board recognizes, the treaty supplies that support shall be given in connection "with the examination, prosecution, and also avoidance of criminal offenses for which the optimum fine is deprivation of freedom for at the very least one year" as measured by the laws of the celebration seeking aid.

Third, the treaty additionally explains that support will certainly be available with procedures by the Stocks and also Exchange Commission, when those proceedings are incidental to or gotten in touch with pending criminal examinations as well as process, which naturally is essential for our financial criminal activity investigations. Fourth, the treaty also offers a broad variety of various kinds of teamwork in criminal matters, consisting of taking the testament or statements of individuals; providing records, records, and also other sorts of proof; transferring individuals captive for testament or other purposes; carrying out searches and seizures; assisting in proceedings connecting to the forfeiture of possessions; and any kind of various other type useful not inconsistent with the regulations of the party granting the support.

The treaty, jointly worked out by the Departments of State and also Justice, reflects the global police concerns of the Department of Justice. Appropriately, we join the Division of State in urging the committee to report positively to the Us senate and also advise its guidance as well as grant approval of the treaty.

Virtually 35 years later on, we now have MLATs in force with over 60 countries. The transmittal plan for the MLAT with Bermuda provides a comprehensive article-by-article analysis of the treaty, which I will not attempt to repeat below. form 5472 instructions. Rather, I would love to highlight how the MLAT with Bermuda shows our global police concerns.

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Furthermore, replacing the existing technique of discretionary collaboration, the treaty will certainly develop a binding, lawful responsibility to give assistance "about the investigation, prosecution, and prevention of criminal offenses for which the maximum charge is deprivation of liberty for a minimum of one year, as well as in procedures connected to criminal issues." Restricting applicability to offenses punishable by at the very least 1 year's imprisonment, as measured by the penalty arrangements in the event seeking the aid, makes clear that the treaty is to be used for demands connecting to significant offenses, while still attending to assistance in a large range of criminal issues, including terrorism, arranged criminal offense, narcotics trafficking, money laundering, fraudulence, tax offenses, intellectual residential or commercial property criminal activities as well as environmental offenses.

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Post 21 of the treaty further clarifies that support would certainly be available for process by the Stocks and also Exchange Payment when those proceedings are subordinate to or linked with pending criminal examinations and procedures. The treaty with Bermuda additionally attends to a broad series of various sorts of cooperation in criminal matters, including taking the testament or statements of individuals; offering papers, documents, as well as other short articles of evidence; locating or recognizing persons or products; serving files; moving individuals captive for testament or other purposes; performing searches and also seizures; aiding in process connected to the loss of assets, restitution, and also the collection of criminal fines; and any type of various other kind of support not inconsistent with the laws of the event giving the support.

Dramatically, the Bermuda MLAT provides a framework for cooperation in the tracing, seizure, as well as forfeiture of criminally derived possessions. Finally, in spite of the numerous advantages provided by the treaty with Bermuda, we recognize that MLATs in themselves are not the option to all aspects of police cooperation. form 5472 instructions. Their success depends on our ability to apply them effectively, incorporating comprehensive as well as updated lawful provisions with the capability as well as political will of our treaty companions.

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If the Senate provides its guidance as well as authorization to adoption, this treaty will certainly fill up a gap in the legal framework for worldwide law enforcement participation in this region. The treaty is among a collection of modern mutual legal support treaties negotiated by the United States since the 1980s and contains all the essential arrangements of such treaties that the United States seeks.

This obligation would certainly encompass proceedings associated with criminal issues, such as loss process, along with proceedings of the Securities and also Exchange Compensation when supplementary to pending criminal examinations or prosecutions. The treaty itself also offers to develop an added legal commitment to offer aid associated 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 keep in mind that unlike a number of our various other mutual lawful assistance treaties covering abroad regions of the UK, which have actually been concluded by the UK on their behalf, this treaty was ended directly with the Federal government of Bermuda. Before signature, the United States acquired from the UK a copy of its entrustment letter to Bermuda, giving Bermuda the authority to sign and also conclude this treaty.

It's our understanding that Bermuda has finished the inner lawful requirements for entry into force of this treaty. It's, as a result, vital that the United States remains in a position to bring this treaty into force as soon as feasible. We can after that begin to take advantage of the many tools it supplies to improve our law-enforcement participation with Bermuda.

If approved, it would develop a lawful obligation for Bermuda to supply support "in link with the examination, prosecution, as well as prevention of criminal offenses," with a couple of minimal exceptions. This obligation would expand to procedures connected to criminal matters, such as forfeiture process, as well as process of the Stocks and also Exchange Commission when ancillary to pending criminal investigations or prosecutions.

It supplies that, before an event looks for to enforce an obligatory procedure calling for an activity to be carried out in the other event connecting to an issue for which assistance is offered under the treaty (such as production of financial institution records), the party must first try in great faith to obtain the wanted aid under the treaty.

I would also keep in mind that, unlike a variety of various other common lawful support treaties covering overseas territories of the UK, which have actually been wrapped up by the UK on their behalf, this treaty was concluded directly with the Government of Bermuda. Prior to trademark, the United States gotten from the United Kingdom a duplicate of its entrustment letter to Bermuda, providing Bermuda authority to sign and also wrap up the treaty.

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We comprehend that Bermuda has actually finished the internal legal needs for entrance right into force of this treaty. It is, for that reason, vital that the United States be in a position to bring this treaty right into force as quickly as feasible. We can then take advantage of the numerous tools it gives to improve our police collaboration with Bermuda.

Thanks. Mr. Chairman, Legislator Lee, thank you for the possibility to testify before the Foreign Relations Committee as the management inquires and authorization of the Senate to adoption of the United States-Rwanda Bilateral Investment Treaty. Foreign investment is an essential resource of economic growth in the United States and also around the world.

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Secretary of State Clinton, in her remarks at the OECD on Might 26, described an important international agreement concerning development, that "while aid is vital, aid alone is not nearly enough; that to assist individuals reach their full potential, we have to also advertise sustainable and inclusive financial growth." We want to make use of the complete series of devices at our disposal to promote these goals, such as promoting business social obligation with the OECD guidelines for international business, international efforts to fight bribery of foreign public authorities, and also tools such as bilateral financial investment arrangements to promote improved financial investment environments.

And it would certainly secure the rights of the United States capitalists in Rwanda. The administration thanks the board for its factor to consider of the treaty, and we advise you to report it favorably fully Us senate for action. I would certainly more than happy to answer any kind of concerns that you may have. [The prepared statement of Ms.

Mc, Carthy Mr. Chairman, thanks for the chance to testify prior to the Foreign Relations Board as the management inquires as well as approval of the Us senate to passage of the United States-Rwanda Bilateral Investment Treaty (BIT). financial investment and also advancement objectives Foreign investment is an essential source of financial development in the United States and also around the globe.

About 27 percent of all U.S. exports are derived from foreign straight financial investment either in the United States or abroad. Foreign companies invested in the United States utilize over 5.

Foreign investment can also be an effective device for financial advancement abroad. Overseas development aid, while important and also essential, can not match the power, velocity, and effect of personal resources-- a necessary element for countries to progress economically. As Secretary of State Clinton has claimed, our company believe that financial investment and trade are powerful devices to spread development as well as opportunity deep within societies.



investment has the possible to change Rwanda's economic landscape and also play a substantial role in assisting the Rwandan Federal government's initiatives to come to be a regional economic hub. The LITTLE BIT with Rwanda, as soon as effective, would certainly strengthen the Rwandan Federal government's efforts to additional reform its economy and also promote a strong organization environment.

It will certainly also safeguard the legal rights of U.S. investors in Rwanda. The Department of State and the Office of the U.S. Profession Agent coled the negotiation of this treaty, with the engagement of the Departments of Business, the Treasury, as well as other UNITED STATE Government agencies. The treaty, which was signed on February 19, 2008, contains a collection of core capitalist defenses, which include: National treatment and also most-favored-nation treatment for the complete life cycle of financial investment, including in the establishment, purchase, procedure, monitoring, and ultimate disposition of an investment; The free transfer of investment-related funds; Prompt, adequate, and efficient compensation in the occasion of an expropriation; A minimal requirement of therapy based in normal global regulation; Freedom of financial investment from specified performance needs; Prohibitions on nationality-based limitations for the hiring of elderly supervisors; as well as Arrangements on openness in magazine of investment- associated laws, policies, and various other steps, and also the chance, to the degree possible, for interested parties to talk about such recommended procedures.

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Under the model, each event may take limited exceptions to the core obligations connected to national therapy, most-favored-nation treatment, performance demands, and senior administration as well as boards of supervisors. In this location, Rwanda has taken just a few, narrow exceptions; the treaty hence sends out a powerful signal regarding Rwanda's visibility to foreign investment.

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