VZCZCXYZ0003
OO RUEHWEB

DE RUEHC #1917 0361522
ZNR UUUUU ZZH
O 051515Z FEB 10
FM SECSTATE WASHDC
TO AMEMBASSY BUDAPEST IMMEDIATE 0000

UNCLAS STATE 011917 
 
SIPDIS 
SENSITIVE 
 
E.O. 12958: N/A 
TAGS: ENRG IAEA HU
SUBJECT: PROPOSED U.S.-HUNGARY DIPLOMATIC NOTE EXCHANGE 
FOR DOE'S THREAT REDUCTION ASSISTANCE 
 
REF: CONVENTION ON ASSISTANCE IN THE CASE OF A 
     NUCLEAR ACCIDENT OR RADIOLOGICAL EMERGENCY 
     OF SEPTEMBER 26 1986 (ASSISTANCE CONVENTION) 
 
SENSITIVE.  Please protect accordingly. 
 
¶1.    This is an action request.  Embassy Budapest please see 
paragraph 3 below. 
 
¶2.    BACKGROUND:  Pursuant to Circular 175 authorization 
granted December 3, 2008, the Department of Energy (DOE) 
proposes to pursue an exchange of diplomatic notes to 
establish a U.S.-Hungary "umbrella" agreement for the 
provision of technical assistance by DOE's National Nuclear 
Security Administration (NNSA), under its Global Threat 
Reduction Initiative (GTRI), to enhance the security of 
at-risk radioactive sources in Hungary.  The proposed USG 
diplomatic note includes provisions for certain legal 
protections for the USG, its employees, contractors and 
contractors' employees under paragraphs 1-8 of Article 8 
(privileges and immunities, and tax exemption) and paragraphs 
1-4 of Article 10 (exemption from claims) of the Assistance 
Convention (Ref A).   END BACKGROUND 
 
¶3.    ACTION REQUEST:  Drawing on background as appropriate, 
Post is requested to deliver the USG diplomatic note in 
paragraph 4, and the proposed Hungary reply note in paragraph 
5, to the Government of Hungary's (GOH) Ministry of Foreign 
Affairs (MFA).  These two notes together would constitute an 
agreement between our two governments. 
 
¶4.    Begin text of USG diplomatic note: 
 
       (complimentary opening as appropriate) and, with 
reference to discussions between representatives of the two 
Governments, has the honor to propose on behalf of the 
Government of the United States of America (the "United 
States Government") the following agreement in order to 
facilitate the provision of technical assistance that may be 
provided by the United States Government, through the United 
States Department of Energy, to the Government of the 
Republic of Hungary: 
 
¶1.    Such technical assistance may include assistance to 
identify, secure, remove and/or facilitate the disposition of 
the Republic of Hungary's nuclear and other radioactive 
materials that are used in civilian applications, that are 
at-risk of theft or sabotage, and that could potentially be 
used in nuclear weapons or radiological dispersal devices. 
 
¶2.    The Government of the Republic of Hungary agrees that: 
 
a.    The terms of paragraphs one through eight of Article 8 
of the Convention on Assistance in the Case of a Nuclear 
Accident or Radiological Emergency of September 26, 1986, and 
paragraphs one through four of Article 10 of that Convention, 
shall apply to all technical assistance provided by the 
United States Government, including that set forth in 
paragraph 1. 
 
b.    Ministries and agencies of the two Governments may 
enter into implementing agreements or other arrangements for 
provision of technical assistance by the United States 
Government pursuant to this agreement. 
 
c.    Provision of technical assistance by the United States 
Government pursuant to this agreement is subject to the 
availability of appropriated funds. 
 
d.    In the event that either Government awards contracts 
for the acquisition of articles and services, including 
construction, to implement this agreement, such contracts 
shall be awarded in accordance with the laws and regulations 
of that Government. 
 
e.    Upon written notice provided thirty days in advance, 
representatives of the United States Government shall have 
the right to examine the use of any equipment, supplies, 
materials, technology, training or services provided in 
accordance with this agreement, at sites of their location or 
use in the Republic of Hungary; and shall have the right to 
audit and examine all records or documentation related to the 
use of the materials or services provided in accordance with 
this agreement. 
 
If these proposals are acceptable to the Government of the 
Republic of Hungary, it is further proposed that the present 
Note and the Ministry's affirmative Note in reply shall 
constitute an agreement between the two Governments, which 
shall enter into force on the date of the Ministry's Note. 
 
 (complimentary closing as appropriate) 
 
The Embassy of the United States of America 
Budapest,             , 2010 
 
End text of USG diplomatic note 
 
¶5.  Begin text of proposed Hungary Reply Note 
 
      The Ministry of Foreign Affairs of the Republic of 
Hungary (complimentary opening as appropriate) acknowledges 
receipt of the Embassy of the United States of America,s 
Note No. xxx dated          , 2010, which reads as follows: 
 
(INSERT text of USG note in its entirety) 
 
      The Ministry is pleased to accept, on behalf of the 
Republic of Hungary, the agreement proposed in the Embassy's 
Note, which shall enter into force on the date of this Note. 
 
      (complimentary closing as appropriate) 
 
       End text of proposed Hungary reply note. 
 
¶6.    Washington thanks Embassy Budapest for its cooperation 
in facilitating this assistance.  Embassy is requested (after 
note is dated and initialed, but before it is delivered) to 
create a certified copy of the Embassy note (para 4), as 
delivered to GOH/MFA, and send it to the Department (marked 
to the attention of L/T), Room 5420, HST Bldg, with 
electronic pdf versions to the Department and DOE/NNSA 
contacts named below, as well as to the Hungary Desk 
DOS/EUR/CE.  If the exchange of notes is successfully 
concluded, Embassy is requested to send the original of the 
GOH/MFA note to the Department (L/T), and electronic pdf 
versions of the GOH/MFA note to L/T, DOS/EUR/CE and DOE/NNSA. 
Department of Energy contacts are Jeffrey Chamberlin (202 
586-1474, Jeffrey.Chamberlin@nnsa.doe.gov), Kristin Hirsch 
(202 586-9801, Kristin.Hirsch@nnsa.doe.gov), and Diana Clark 
(202 586-3417, diana.clark@hq.doe.gov).  Department of State 
point of contacts are Marc Humphrey (202-647-6103, 
HumphreyMA@state.gov) and Zaira Nazario (202-647-8229, 
NazarioZD@state.gov).  L/T point of contact is Tom Malionek 
(202 647-1345, MalionekTV@state.gov). 
CLINTON