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