HUNGARY RESPONSE TO DISCUSSIONS ON MUTUAL LEGAL

UNCLAS BUDAPEST 000359 SIPDIS DEPARTMENT FOR L/T:DCOOKE AND EUR/CE:JLAMORE BRUSSELS FOR DOJ:MWARREN E.O. 12958: N/A TAGS: KTIA CJAN HU SUBJECT: HUNGARY RESPONSE TO DISCUSSIONS ON MUTUAL LEGAL ASSISTANCE PROTOCOL AND EXTRADITION PROTOCOL REF: A. SECSTATE 38850 ¶B. LEVINE-LAMORE EMAILS ¶1. This is an action request, see paragraph five. ¶2. On May 12 2009, Poloff discussed ref A talking points and draft documents with Dr. Eva Grunwald, a treaty specialist within the GoH Ministry of Foreign Affairs International and EU Public Law Department. In principle, Grunwald agreed with the draft texts and that an exchange of instruments of ratification should take place in the near term. She suggested that an exchange ceremony take place in Washington during Foreign Minister Peter Balazs's proposed visit (dates sent via ref B,) preferably in late May or June 2009. ¶3. Grunwald had one protocol related question, which was whether the Department would provide final copies of the instruments to be signed or whether the GoH was expected to bring their own copies. Regarding the text itself, she asked whether the statement "being duly authorized by their respective Governments" in the first sentence of the first paragraph of each draft Protocol of Exchange was necessary, as EU foreign ministers were covered under an umbrella "Vienna Agreement." Grunwald clarified that this agreement reaffirmed the competencies of EU foreign ministers to sign bilateral and multilateral treaties by virtue of their position, once it had passed the necessary parliamentary hurdles of the respective country. However, if an additional document was necessary to affirm that the GoH FM was authorized to sign treaties one would be provided. ¶4. Regarding reftel request for copies of the GOH instruments of ratification for U.S. review, Grunwald provided a ratification document signed on February 23, 2006, by then FM Ferenc Somogyi, now Ambassador to the U.S. (Note. document will be sent via fax to L/T D. Cooke. End Note.) She said the document contained essentially the same verbiage as reftel draft Protocol of Exchange documents and that she had no other official documents pertaining to this agreement nor requirements to produce any. From a GoH optic, there are no further steps to take regarding the protocols except the exchange of instruments themselves, but the MFA is happy to participate in a formal exchange ceremony and sign/countersign documents as requested or required by the Department. ¶5. Action request. Please advise whether Department would support a signing ceremony between S and the Foreign Minister during his proposed visit. Levine