TREATIES AND OTHER INTERNATIONAL ACTS SERIES 08-708 

________________________________________________________________________ 

ATOMIC ENERGY 

Nuclear Materials 

 Agreement Between the 

UNITED STATES OF AMERICA 

and HUNGARY 

Signed at Budapest July 8, 2008 
 NOTE BY THE DEPARTMENT OF STATE 

 Pursuant to Public Law 89—497, approved July 8, 1966 

(80 Stat. 271; 1 U.S.C. 113)—

“. . .the Treaties and Other International Acts Series issued 

under the authority of the Secretary of State shall be competent 

 evidence . . . of the treaties, international agreements other than 

treaties, and proclamations by the President of such treaties and 

international agreements other than treaties, as the case may be, 

therein contained, in all the courts of law and equity and of maritime 

jurisdiction, and in all the tribunals and public offices of the 

United States, and of the several States, without any further proof 

or authentication thereof.” 
 HUNGARY 

 Atomic Energy: Nuclear Materials 

Agreement signed at Budapest July 8, 2008; 

 Entered into force July 8, 2008. 

 
AGREEMENT

BETWEEN

THE DEPARTMENT OF ENERGY OF THE UNITED STATES OF AMERICA

AND

THE NATIONAL OFFICE FOR RESEARCH AND TECHNOLOGY OF

THE REPUBLIC OF HUNGARY

CONCERNING

COOPERATION IN THE AREA OF COUNTERING THE PROLIFERATION OF

NUCLEAR MATERIALS AND TECHNOLOGIES

The Department of Energy of the United States of America (DOE), as implementing agent

of the Government of the United States of America, and the National Office for Research

and Technology of the Republic of Hungary (NORT), as implementing agent of the

Government of the Republic of Hungary, hereinafter referred to jointly as the Parties,

Desiring to cooperate to counter the proliferation of weapons of mass destruction, and

technology, materials, and expertise related to such weapons, and

Noting the agreement effected by the exchange of notes between the Government of the

United States of America and the Government of the Republic of Hungary of July 7, 2008,

concerning cooperation to return to the Russian Federation Soviet Union/Russian-supplied

nuclear fuel stored in the Republic of Hungary (the Exchange of Notes),

Have agreed as follows:
ARTICLE I

For purposes of this Agreement:

"Nuclear fuel" means fissile isotopes of uranium and all isotopes of plutonium

contained in irradiated research and test reactor fuel assemblies, rods, control rods

or sub-components thereof; research and reactor target assemblies or subcomponents thereof.

ARTICLE II

1. In accordance with the terms of this Agreement, the DOE may provide assistance at

no cost to the NORT or its designated implementing agents to assist the

Government of the Republic of Hungary to return the Russian Federation nuclear

fuel that was supplied by the Soviet Union or Russian Federation and is stored in

the Republic of Hungary, and assist in the prevention of the possible proliferation of

proliferation-attractive nuclear materials and technologies.

2. The NORT or its designated implementing agents shall use all materials (including

supplies, equipment and instruments), training and services provided in accordance

with this Agreement exclusively for the purpose of returning to the Russian

Federation nuclear fuel that was supplied by the Soviet Union or Russian

Federation, and for preventing the possible proliferation of proliferation-attractive

nuclear materials and technologies.

3. Unless the written consent of the DOE or its designated implementing agents has

first been obtained, the NORT or its designated implementing agents shall not

transfer title to, or possession or use of, any materials (including supplies,

equipment and instruments), training and services provided in accordance with this

Agreement other than to other ministries, agencies or departments within the

Government of the Republic of Hungary.

4. This Agreement and all activities undertaken in accordance with this Agreement

shall be subject to the provisions of the Exchange of Notes. In the event of any

discrepancies between this Agreement and the Exchange of Notes, the provisions of

the Exchange of Notes shall prevail.

ARTICLE III

1. Each Party to this Agreement shall have the right, upon written notification to the

other Party, to delegate responsibilities for the implementation of this Agreement to

other agencies, departments or units of its respective government.

2
Each Party to this Agreement shall have the right, upon written notification to the

other Party, to designate technical liaison representatives for materials (including

supplies, equipment and instruments), training and services provided pursuant to

this Agreement.

ARTICLE IV

1. Pursuant to the terms of this Agreement, the DOE may provide to the NORT, or its

designated implementing agents, assistance for the purpose of preventing the

possible proliferation of proliferation-attractive nuclear materials and related

nuclear technologies from the territory of the Republic of Hungary. Such assistance

may include, but is not limited to activities related to:

(a) the return to the Russian Federation of nuclear fuel from the Budapest Research

Reactor at the KFKI Atomic Energy Research Institute that was supplied by the

Soviet Union or Russian Federation;

(b) security enhancement of the reactor site and nuclear materials stored at the site;

(c) safe and secure storage of the Republic of Hungary's nuclear materials, including

improving methods of protection, control, and accountability of nuclear

materials to reduce the risk of theft or possible diversion of nuclear materials

stored at premises on the territory of the Republic of Hungary.

2. The terms of this Agreement shall cover:

(a) the provision of technical assistance, safety engineering services, planning and

project management support pertaining to the implementation of any assistance

provided under this Agreement: and

(b) the provision of procurement and/or acquisition services, selection of

subcontractors, contract and project management services, and the technical and

administrative oversight of subcontractor performance during the preparation for

and implementation of work under this Agreement.

3. Conditions of assistance provided under this Agreement shall be defined by separate

contracts or arrangements between the DOE and the NORT or their designated

implementing agents. In case of any inconsistency between these contracts or

arrangements and this Agreement, the provisions of this Agreement shall prevail.

3
4. Pursuant to the terms of this Agreement, the DOE may, at its discretion, provide the

NORT or its designated implementing agents with other types of assistance subject to

the written agreement of both Parties.

ARTICLE V

The NORT or its designated implementing agents shall coordinate with other

appropriate Government of the Republic of Hungary ministries, agencies, and

organizations to ensure that materials (including supplies, equipment and instruments)

provided to the Government of the Republic of Hungary under this Agreement are

afforded priority processing to allow prompt delivery to their ultimate destination

within the Republic of Hungary. The NORT or its designated implementing agents

shall coordinate with the appropriate Government of the Republic of Hungary

ministries, agencies, and organizations to ensure that appropriate security measures

are provided for United States Government personnel, contractors and materials

(including supplies, equipment, and instruments) at those facilities associated with

work under this Agreement.

The NORT or its designated implementing agents shall facilitate the examination by

the appropriate ministries, agencies, and organizations of the Government of the

Republic of Hungary of all materials (including supplies, equipment and instruments)

received pursuant to this Agreement and provide confirmation to the DOE of their

acceptability within ten days of receipt of the results of such examinations. The terms

and conditions for repair or replacement of non-complying materials (including

supplies, equipment and instruments) will be set forth in the contract(s) under which

materials (including supplies, equipment and instruments) are provided under this

Agreement.

ARTICLE VI

1. DOE representatives shall have the right to examine the use of any materials

(including supplies, equipment and instruments), training or services provided in

accordance with this Agreement, at sites of their location or use, and shall have the

right to audit and examine all records or documentation related to the use of materials

(including supplies, equipment and instruments), training and services provided in

accordance with this Agreement.

2. DOE representatives shall have the right to monitor the implementation of contracts

and the progress of work under this Agreement, at facilities in the territory of the

Republic of Hungary.
ARTICLE VII

As appropriate, the Parties and their designated implementing agents may enter into

implementing arrangements to carry out the provisions of this Agreement. In case of

any inconsistency between this Agreement and any such arrangements, the provisions

of this Agreement shall prevail.

ARTICLE VIII

This Agreement shall enter into force upon signature and shall remain in force for the

duration of the Exchange of Notes. This Agreement may be amended or extended by

the written agreement of the Parties and may be terminated by either Party upon at

least 90 days prior written notification to the other Party.

IN WITNESS WHEREOF, the undersigned, being duly authorized by their respective

Governments, have signed this Agreement.

DONE at Budapest, in duplicate, this eighth day of July, 2008.

FOR THE DEPARTMENT OF ENERGY FOR THE NATIONAL OFFICE FOR

OF THE UNITED STATES OF AMERICA: RESEARCH AND TECHNOLOGY OF

THE REPUBLIC OF HUNGARY: