In Hungarian

Agreement between the Government of the Republic of Hungary and the Government of the United States of America Concerning Security measures for the Protection of Classified Military Information

The Government of the Republic of Hungary and the Government of the United States of America, hereinafter referred to as the Parties,

In furtherance of mutual cooperation and to ensure the protection of classified military information,

Have agreed as follows:

CHAPTER I
APPLICABILITY

Article 1

Classified military information provided directly or indirectly by one Party to the other Party, or to an officer or other representative of the Parties, shall be protected according to the terms set forth herein.

Article 2

For the purpose of this Agreement, classified military information is information that is generated by or for the Ministry of Defense of the Republic of Hungary or the Department of Defense of the United States of America, or that is under their jurisdiction or control, and which requires protection in the interests of national security of the Parties. For the Republic of Hungary, classified military information is marked TITKOS or SZIGORUAN TITKOS. For the United States of America, it is marked CONFIDENTIAL, SECRET, or TOP SECRET. The information may be in oral, visual, or documentary form, or in the form of equipment or technology.

Article 3

Hungarian information marked “TITKOS” (SECRET) shall be treated by the United States of America as “SECRET” information. United States of America information marked “CONFIDENTATIAL” or “SECRET” shall be treated as “TITKOS” (SECRET) information by the Republic of Hungary. The United States of America’s classification “TOP SECRET” equates to the Republic of Hungary's classification “SZIGORUAN TITKOS”.

CHAPTER II
IMPLEMENTING AGENCIES FOR SUPPLEMENTAL ANNEXES

Article 4

Supplemental annexes under this Agreement may be concluded by the designated implementing agencies. For the Government of the Republic of Hungary, the implementing agency shall be the Ministry of Defense. For the Government of the United States of America, the implementing agency shall be the Department of Defense.

CHAPTER III
ACCESS

Article 5

No individual shall be entitled to access to the information solely by virtue of rank, appointment, or security clearance. Access to the information shall be granted only to those individuals whose official duties require such access and who have been granted a personnel security clearance in accordance with the prescribed standards of the Parties. The Parties shall ensure that:

A. The recipient Party will not release the information to a third-country government, person, or other entity of a third country without the written approval releasing Party;

B. The recipient Party will afford the information a degree of protection equivalent to that afforded it by the releasing Party;

C. The recipient Party will not use the information for other than the purpose for which it was provided;

D. The recipient Party will respect private rights, such as patents, copyrights, or trade secrets which are involved in the information; and

E. Each facility or establishment that handles classified military information will maintain a registry of the clearance of individuals at the facility or establishment who are authorized to have access to such information.

CHAPTER IV
PERSONNEL SECURITY

Article 6

Granting a personnel security clearance to an individual shall be consistent with national security interests and the applicable laws and regulations of the parties. The decision shall take cognizance of all available information indicating whether the individual is of unquestioned loyalty, integrity, and trustworthiness and manifests such character, habits, and associates as to cast no doubt upon his or her discretion or good judgment in the handling of classified information.

Article 7

An appropriate investigation, in sufficient detail to provide assurance that the above criteria have been met, shall be conducted by the Parties with respect to any individual to be granted access to classified information covered by this Agreement.

Article 8

Before a representative of one Party releases classified military information to an officer or representative of the other Party, the receiving Party shall provide to the releasing Party an assurance that the officer or representative possesses the necessary level of security clearance and requires access for official purposes and that the information will be protected by the receiving Party.

CHAPTER V
VISITS

Article 9

Authorizations for visits by representatives of one Party to facilities and establishments of the other Party, where access to classified military information is required, shall be limited to those necessary for official purposes. Authorizations to visit the facilities and establishments shall be granted only by the Parties or government officials designated by the Parties. The Parties or their designee shall be responsible for advising the facility or establishment of the proposed visit, and the scope and highest level of classified information that may be furnished to the visitor.

Article 10

Requests for visits by representatives of the Parties shall be submitted through the United States Defense Attaché Office in Budapest, in the case of United States visitors, and through the Republic of Hungary Defense Attaché Office in Washington, D.C., in the case of Hungarian visitors.

CHAPTER VI
PHYSICAL SECURITY

Article 11

The Parties shall be responsible for all classified military information of the other Party while in transit or storage within their territory.

Article 12

The Parties shall be responsible for the security of all government and private facilities and establishments where the information of the other Party is kept and shall assure that qualified individuals are appointed for each such facility or establishment who shall have the responsibility and authority for the control and protection of the information.

Article 13

The information shall be stored in a manner that assures access only by those individuals who have been authorized access pursuant to Chapter III and Chapter IV of this Agreement.

CHAPTER VII
TRANSMISSION OF CLASSIFIED MILITARY INFORMATION

Article 14

Classified military information shall be transmitted between the Parties through government-to-government channels. The minimum requirements for the security of the information during transmission shall be as follows:

A. Documents. Documents and other media containing classified information shall be transmitted in double, sealed envelopes, the innermost envelope bearing only the classification of the documents or other media and the organizational address of the intended recipient, and the outer envelope bearing the organizational address of the recipient, the organizational address of the sender, and the registry number, if applicable. No indication of the classification of the enclosed documents or other media shall be made on the outer envelope. The sealed envelope shall then be transmitted according to the prescribed procedures of the Parties. Receipts shall be prepared for packages containing classified documents or other media that are transmitted between the Parties, and a receipt for the enclosed documents or media shall be signed by the final recipient and returned to the sender.

B. Equipment.
(1) Classified equipment shall be transported in sealed covered vehicles, or be securely packaged or protected and kept under continuous control to prevent access by unauthorized persons.
(2) Classified equipment which must be stored temporarily awaiting shipment shall be placed in protected storage areas. The area shall be protected by intrusion-detection equipment or guards with security clearances who shall maintain continuous surveillance of the storage area. Only authorized personnel with the requisite security clearance shall have access to the storage area.
(3) Receipts shall be obtained on every occasion when classified equipment changes hands en route; and, a receipt shall be signed by the final recipient and returned to the sender.

C. Electronic Transmissions. Classified military information transmitted by electronic means shall be encrypted.

CHAPTER VIII
ACCOUNTABILITY AND CONTROL

Article 15

Accountability or control procedures shall be established to manage the dissemination of and access to classified military information.

CHAPTER IX
MARKING OF DOCUMENTS

Article 16

 Each Party shall stamp or mark the name of the originating government on all classified military information received from the other Party. The information shall be marked with a national security classification marking of the recipient Party that will afford a degree of protection equivalent to that afforded it by the originating Party.

CHAPTER X
DESTRUCTION

Article 17

 Classified documents and other media containing classified information shall be destroyed by burning, shredding, pulping, or other means preventing reconstruction of the classified information contained therein.

Article 18

Classified equipment shall be destroyed beyond recognition or modified so as to preclude reconstruction of the classified information in whole or in part.

CHAPTER XI
REPRODUCTION

Article 19

 When a classified document or other media are reproduced, all original security markings thereon also shall be reproduced or marked on each copy. Such reproduced documents or media shall be placed under the same controls as the original document or media. The number of copies shall be limited to that required for official purposes.

CHAPTER XII
TRANSLATION

Article 20

 All translations of classified information shall be made by individuals with security clearances pursuant to Chapter IV. The number of copies shall be kept to a minimum and the distribution thereof shall be controlled. Such translations shall bear appropriate security classification markings and a suitable notation in the language into which it is translated, indicating that the document or media contains classified information of the originating Party.

CHAPTER XIII
RELEASE TO CONTRACTORS

Article 21

Prior to the release to a contractor or prospective contractor of any classified military information received from the other Party, the recipient Party shall:
A. Ensure that such contractor or prospective contractor and the contractor’s facility have the capability to protect the information;
B. Grant to the facility an appropriate facility security clearance;
C. Grant appropriate personnel security clearances for all individuals whose duties require access to the information;
D. Ensure that all individuals having access to the information are informed of their responsibilities to protect the information in accordance with applicable laws and regulations;
E. Carry out periodic security inspections of cleared facilities to ensure that the information is protected as required herein; and
F. Ensure that access to the information is limited to those persons who have a need to know for official purposes.

CHAPTER XIV
ACTION IN THE EVENT OF LOSS OR COMPROMISE OR POSSIBLE LOSS OR COMPROMISE

Article 22

 The originating Party shall be informed immediately of all losses or compromises, as well as possible losses or compromises, of its classified military information, and the recipient Party shall initiate an investigation to determine the circumstances. The results of the investigation and information regarding measures taken to prevent recurrence shall be forwarded to the originating Party by the Party that conducts the investigation.

CHAPTER XV
REVIEW OF SECURITY SYSTEMS

Article 23

Implementation of the foregoing security requirements can be advanced through reciprocal visits by security personnel of the Parties. Accordingly, security representatives of the Parties, after prior consultation, shall be permitted to visit the other Party, to discuss, and view firsthand, the implementing procedures of the other Party in the interest of achieving reasonable comparability of the security systems. Each Party shall assist the security representatives in determining whether classified military information provided by the other Party is being adequately protected.

CHAPTER XVI
IMPLEMENTATION AND TERMINATION

Article 24

A. This Agreement shall enter into force on the date on which each Party has notified the other Party in writing that all of the requirements for entry into force have been completed.

B. This Agreement shall remain in force for a period of five years and shall be extended annually thereafter, unless either Party notifies the other, ninety days in advance, of its intention to terminate the Agreement.

C. Each Party shall promptly notify the other of any changes to its laws and regulations that would affect the protection of classified military information under this Agreement. In such cases, the Parties shall consult as provided for in Chapter II to consider possible changes to this Agreement. In the interim, classified military information shall continue to be protected as described herein, unless agreed otherwise in writing by the providing party.

D. Not withstanding the termination of this Agreement, all classified military information provided pursuant to this Agreement shall continue to be protected in accordance with the provisions set forth herein.

DONE at Washington D.C. this 16^th day of May, 1995, in the Hungarian and English languages, both texts being equally authentic.