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verdict These provisions and issues are all discussed in even more detail in the Joint Board team pamphlets on the recommended treaty and protocols. I am pleased to respond to any kind of inquiries that your committee may have at this time or in the future. Senator Cardin. Thank you significantly for your statement.

Of program, this treaty produces a binding legal commitment to give mutual lawful help, changing a collegial and excellent relationship with one that currently has a treaty basis. Second, the treaty supplies for help in a vast array of criminal justice issues. As the committee understands, the treaty gives that help shall be granted in connection "with the examination, prosecution, and also avoidance of criminal offenses for which the optimum charge is deprival of freedom for a minimum of one year" as gauged by the laws of the celebration seeking support.

Third, the treaty additionally makes clear that help will certainly be readily available through procedures by the Stocks as well as Exchange Compensation, when those process are subordinate to or attached with pending criminal examinations as well as process, which naturally is essential for our monetary criminal offense investigations. Fourth, the treaty likewise offers a broad series of different kinds of collaboration in criminal matters, consisting of taking the testament or declarations of individuals; giving files, documents, and also various other kinds of proof; moving persons in safekeeping for statement or other functions; performing searches and also seizures; assisting in procedures associating with the forfeit of possessions; and also any type of other type helpful not irregular with the laws of the celebration approving the help.

The treaty, collectively bargained by the Departments of State and Justice, shows the international police concerns of the Department of Justice. Accordingly, we join the Department of State in urging the committee to report favorably to the Senate and recommend its recommendations and also authorization to adoption of the treaty.

Almost 35 years later, we now have MLATs effective with over 60 nations. In addition, the transmittal package for the MLAT with Bermuda gives an in-depth article-by-article analysis of the treaty, which I will not try to repeat right here. Rather, I wish to highlight exactly how the MLAT with Bermuda reflects our international regulation enforcement concerns.

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Additionally, replacing the current practice of discretionary collaboration, the treaty will certainly develop a binding, legal commitment to offer support "in connection with the examination, prosecution, as well as avoidance of criminal offenses for which the maximum charge is deprivation of liberty for at the very least one year, as well as in proceedings associated with criminal issues." Restricting applicability to offenses punishable by at the very least 1 year's imprisonment, as measured by the charge arrangements in the party seeking the aid, explains that the treaty is to be made use of for demands associating with significant offenses, while still offering support in a wide range of criminal matters, including terrorism, organized crime, narcotics trafficking, money laundering, fraud, tax offenses, copyright criminal offenses and environmental offenses.

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Article 21 of the treaty even more clears up that assistance would certainly be available for procedures by the Securities as well as Exchange Payment when those procedures are subordinate to or connected with pending criminal examinations and also process. The treaty with Bermuda additionally provides for a broad variety of different kinds of teamwork in criminal issues, consisting of taking the statement or statements of individuals; offering records, records, as well as various other write-ups of proof; locating or recognizing individuals or products; serving documents; moving individuals in custody for testament or other purposes; carrying out searches and also seizures; aiding in proceedings connected to the forfeit of possessions, restitution, as well as the collection of criminal penalties; and any kind of various other kind of help not irregular with the regulations of the event giving the support.

Significantly, the Bermuda MLAT gives a framework for teamwork in the tracing, seizure, as well as forfeit of criminally acquired possessions. Despite the many benefits offered by the treaty with Bermuda, we recognize that MLATs in themselves are not the service to all facets of regulation enforcement teamwork. Their success relies on our capacity to apply them effectively, incorporating extensive and updated lawful provisions with the capability as well as political will of our treaty partners.

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If the Senate provides its advice as well as grant passage, this treaty will load a void in the lawful framework for international police collaboration in this region. The treaty is one of a series of modern shared legal aid treaties discussed by the United States considering that the 1980s and also has all the vital stipulations of such treaties that the United States looks for.

This commitment would certainly expand to procedures connected to criminal issues, such as loss proceedings, along with procedures of the Stocks as well as Exchange Payment when supplementary to pending criminal examinations or prosecutions. The treaty itself also offers to create an additional lawful commitment to provide support 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 note that unlike a variety of our various other common legal help treaties covering overseas territories of the United Kingdom, which have actually been concluded by the UK on their behalf, this treaty was wrapped up directly with the Federal government of Bermuda. Prior to signature, the United States gotten from the UK a duplicate of its entrustment letter to Bermuda, granting Bermuda the authority to sign and conclude this treaty.

It's our understanding that Bermuda has finished the internal lawful requirements for access into force of this treaty. It's, consequently, crucial that the United States is in a placement to bring this treaty right into force asap. We can after that start to gain from the many devices it supplies to boost our law-enforcement cooperation with Bermuda.

If accepted, it would certainly produce a legal commitment for Bermuda to give support "in connection with the examination, prosecution, and also avoidance of criminal offenses," with a couple of limited exceptions. This obligation would include proceedings associated with criminal issues, such as forfeit proceedings, along with procedures of the Securities and also Exchange Compensation when secondary to pending criminal investigations or prosecutions.

It supplies that, before a celebration seeks to impose a compulsory measure requiring an activity to be done in the various other celebration connecting to an issue for which support is offered under the treaty (such as manufacturing of financial institution documents), the celebration must first attempt in great faith to get the preferred assistance under the treaty.

I would certainly additionally keep in mind that, unlike a number of various other mutual legal help treaties covering overseas territories of the UK, which have actually been ended by the United Kingdom on their behalf, this treaty was ended directly with the Government of Bermuda. Prior to signature, the United States gotten from the United Kingdom a duplicate of its entrustment letter to Bermuda, granting Bermuda authority to sign as well as conclude the treaty.

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We understand that Bermuda has finished the interior legal needs for entrance right into pressure of this treaty. It is, therefore, crucial that the United States be in a setting to bring this treaty into pressure asap. We can then benefit from the numerous tools it gives to boost our law enforcement participation with Bermuda.

Thank you. Mr. Chairman, Legislator Lee, thanks for the chance to indicate prior to the Foreign Relations Committee as the administration seeks recommendations and consent of the Senate to ratification of the United States-Rwanda Bilateral Investment Treaty. Foreign financial investment is a crucial resource of financial development in the United States as well as around the world.

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Assistant of State Clinton, in her remarks at the OECD on May 26, referred to a crucial international consensus regarding growth, that "while aid is crucial, aid alone is inadequate; that to aid people reach their full potential, we should also advertise lasting as well as comprehensive financial growth." We wish to make use of the complete array of devices at our disposal to promote these goals, such as promoting corporate social duty via the OECD standards for international ventures, worldwide initiatives to fight bribery of foreign public officials, and tools such as reciprocal financial investment agreements to promote enhanced investment climates.

And it would certainly secure the legal rights of the United States financiers in Rwanda. The administration thanks the board for its factor to consider of the treaty, as well as we advise you to report it favorably to the complete Senate for activity. The prepared statement of Ms.

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Mc, Carthy Mr. Chairman, thank you for the opportunity to testify before affirm Foreign Relations Committee as board administration seeks advice looks for suggestions of approval Senate to ratification of approval United States-Rwanda Bilateral Investment Treaty (BIT)LITTLE BIT

Foreign investment is likewise a platform for UNITED STATE exports. Over one-fifth of UNITED STATE products exports were delivered to foreign subsidiaries of UNITED STATE companies in 2008 (latest data readily available). Roughly 27 percent of all U.S. exports are obtained from foreign direct financial investment either in the United States or abroad. Foreign companies bought the United States utilize over 5.

Foreign financial investment can additionally be a powerful device for financial advancement abroad. Abroad development help, while valuable as well as vital, can not match the power, velocity, as well as influence of exclusive resources-- a vital element for countries to move forward financially. As Assistant of State Clinton has stated, we believe that investment and trade are powerful devices to spread out advancement and also opportunity deep within cultures.



financial investment has the potential to alter Rwanda's economic landscape as well as play a significant function in helping the Rwandan Government's efforts to come to be a regional economic center. The LITTLE BIT with Rwanda, as soon as effective, would strengthen the Rwandan Federal government's efforts to more reform its economy and also promote a solid business environment.

It will likewise protect the civil liberties of U.S. investors in Rwanda. The Department of State as well as the Office of the U.S. Trade Agent coled the settlement of this treaty, with the involvement of the Departments of Commerce, the Treasury, and also various other UNITED STATE Federal government agencies. The treaty, which was authorized on February 19, 2008, consists of a set of core financier protections, that include: National treatment and also most-favored-nation treatment for the full life process of financial investment, including in the facility, acquisition, operation, management, and supreme disposition of an investment; The free transfer of investment-related funds; Prompt, appropriate, and reliable compensation in case of an expropriation; A minimal requirement of treatment grounded in traditional international law; Liberty of financial investment from defined performance demands; Restrictions on nationality-based restrictions for the hiring of senior supervisors; and Stipulations on openness in magazine of investment- related regulations, policies, as well as other steps, and the chance, to the extent feasible, for interested events to discuss such suggested procedures.

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Under the version, each party may take minimal exceptions to the core commitments connected to nationwide therapy, most-favored-nation therapy, efficiency demands, as well as elderly administration and boards of directors. In this field, Rwanda has actually taken only a couple of, narrow exceptions; the treaty therefore sends a powerful signal regarding Rwanda's openness to foreign investment.

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