1.

The Contracting Parties shall provide mutual assistance, in accordance with the provisions of this Treaty, in connection with the prevention, investigation, and prosecution of offenses, and in proceedings related to criminal matters.

2

Assistance shall include:

(a)

taking the testimony or statements of persons;

(b)

providing documents, records, and articles of evidence;

(c)

serving documents;

(d)

locating or identifying persons or items;

(e)

transferring persons in custody for testimony or other purposes;

(f)

executing requests for searches and seizures;

(g)

immobilizing assets;

(h)

assisting in proceedings related to forfeiture, restitution, and collection of fines; and

(i)

any other form of assistance not prohibited by the laws of the Requested State.

3.

Assistance shall be provided without regard to whether the conduct which is the subject of the investigation, prosecution, or proceeding in the Requesting State would constitute an offense under the laws of the Requested State.

4.

This Treaty is intended solely for mutual legal assistance between the Parties. The provisions of this Treaty shall not give rise to a right on the part of any private person to obtain, suppress, or exclude any evidence, or to impede the execution of a request.

1.

Each Contracting Party shall have a Central Authority to make and receive requests pursuant to this Treaty.

For the United States of America, the Central Authority shall be the Attorney General or such persons designated by the Attorney General. For the Republic of Hungary, the Central Authority shall be the Minister of Justice and the Chief Public Prosecutor or such persons designated by them.

The Central Authorities shall communicate directly with one another for the purposes of this Treaty.

1.

The Central Authority of the Requested State may deny assistance if:

(a)

the request relates to a political offense;

(b)

the request relates to an offense under military law which would not be an offense under ordinary criminal law;

(c)

the execution of the request is likely to prejudice the sovereignty, security or similar essential interests of the Requested State; or

(d)

the request does not comply with the provisions of Article 4.

2.

Before denying assistance pursuant to this Article, the Central Authority of the Requested State shall consult with the Central Authority of the Requesting State to consider whether assistance can be given subject to such conditions as it deems necessary. If the Requesting State accepts assistance subject to these conditions, it shall comply with the conditions.

3.

If the Central Authority of the Requested State denies assistance, it shall inform the Central Authority of the Requesting State of the reasons for the denial.

1.

A request for assistance shall be in writing except that the Central Authority of the Requested State may accept a request in another form in urgent situations. In any such situation, the request shall be confirmed in writing within the days unless the Central Authority of the Requested State agrees otherwise. The request shall be in the language of the Requested State unless agreed otherwise.

2.

The request shall include the following:

(a)

the name of the authority conducting the investigation, prosecution, or proceeding to which the request relates;

(b)

a description of the subject matter and nature of the investigation, prosecution, or proceeding, including the specific criminal offenses which relate to the matter;

(c)

a description of the evidence, information, or other assistance sought; and

(d)

a statement of the purpose for which the evidence, information, or other assistance is sought.

3.

To the extent necessary and possible, a request shall also include

(a)

information on the identity and location of any person from whom evidence is sought;

(b)

information on the identity and location of a person to be served, that person’s relationship to the proceedings, and the manner in which service is to be made;

(c)

information on the identity and whereabouts of a person or item to be located;

(d)

a precise description of the place or person to be searched and of the items to be seized;

(e)

a description of the manner in which any testimony or statement is to be taken and recorded;

(f)

a description of the testimony sought, which may include a list of questions to be asked of a witness;

(g)

a description of any particular procedure to be followed in executing the request;

(h)

information as to the allowances and expenses to which a person asked to appear in the Requesting State will be entitled; and

(i)

any other information which may be brought to the attention of the Requested State to facilitate its execution of the request.

1.

The Central Authority of the Requested State shall promptly execute the request or, when appropriate, transmit it to the authority having jurisdiction to do so. The competent authorities of the Requested State shall do everything in their power to execute the request. The judicial authorities of the Requested State shall have authority to issue subpoenas, search warrants, or other orders necessary to execute the request.

2.

When necessary, the request shall be presented to the appropriate authority by the persons appointed by the Central Authority of the Requested State.

3.

Requests shall be executed in accordance with the laws of the Requested State except to the extent that this Treaty provides otherwise. The method of execution specified in the request shall be followed except insofar as it is prohibited by the laws of the Requested State.

4.

If the Central Authority of the Requested State determines that execution of a request would interfere with an ongoing criminal investigation, prosecution, or proceeding in that State, it may postpone execution, or make execution subject to conditions determined to be necessary after consultations with the Central Authority of the Requesting State. If the Requesting State accepts the assistance subject to the conditions, it shall comply with the conditions.

5.

The Requested State shall use its best efforts to keep confidential a request and its contents if such confidentiality is requested by the Central Authority of the Requesting State. If the request cannot be executed without breaching the requested confidentiality, the Central Authority of the Requested State shall so inform the Central Authority of the Requesting State, which shall then determine whether the request should nevertheless be executed.

6.

The Central Authority of the Requested State shall respond to reasonable inquiries by the Central Authority of the Requesting State concerning progress toward execution of the request.

7.

The Central Authority of the Requested State shall promptly inform the Central Authority of the Requesting State of the outcome of the execution of the request. If execution of the request is delayed or postponed, the Central Authority of the Requested State shall inform the Central Authority of the Requesting State of the reasons for such delay or postponement.

1.

The Central Authority of the Requested State may require that any information or evidence obtained under this Treaty not be used in any investigation, prosecution, or proceeding other than that described in the request without the prior consent of the Requested State.

The Central Authority of the Requested State may request that information or evidence furnished under this Treaty be kept confidential or be used in accordance with conditions which its Central Authority shall specify. In that case, the Requesting State shall use its best efforts to comply with the conditions specified.

Information or evidence which has been made public in the Requesting State in accordance with paragraph 1 or 2 may thereafter be used for any purpose.

A person in the Requested State from whom evidence is requested pursuant to this Treaty shall be compelled, if necessary, to appear and testify or produce any item, including, but not limited to, documents, records, and articles of evidence.

Upon request, the Central Authority of the Requested State shall furnish information in advance about the date and place of the taking of the testimony or evidence pursuant to this Article.

The Requested State shall permit the presence of such persons as specified in the request during the execution of the request and shall allow such persons to question the person whose testimony or evidence is being taken.

A claim by a person referred to in paragraph 1 of immunity, incapacity, or privilege under the laws of the Requested State shall be resolved by the judicial authorities of the Requested State. However, if such person asserts a claim of immunity, incapacity, or privilege under laws of the Requesting State, the testimony or evidence shall nonetheless be taken and the claim made known to the Central Authority of the Requesting State for resolution by the authorities of that State.

If required by the Central Authority of the Requesting State, any items produced in the Requested State pursuant to this Article or which are the subject of testimony taken under this Article may be authenticated by an attestation, including, in the case of business records, authentication in the manner indicated in Form A appended to this Treaty. Documents authenticated by Form A shall be admissible in evidence in the Requesting State as proof of the truth of the matters set forth therein.

The Requested State shall provide the Requesting State which copies of publicly available documents, records, or information recorded in any form in the possession of a governmental or judicial authority in the Requested State.

The Requested State may provide copies of any documents, records, or information recorded in any form which are in the possession of a governmental or judicial authority in that State but which are not publicly available, to the same extent and under the same conditions as such copies would be available to its own law enforcement or judicial authorities. The Requested State may in its discretion deny a request pursuant to this paragraph entirely or in part.

Official records produced pursuant to this Article may be authenticated under the provisions of the Convention Abolishing the Requirement of Legalization for Foreign Public Documents dated 5 October 1961. No further authentication shall be necessary. Documents authenticated under this paragraph shall be admissible in evidence in the Requesting State.

1.

A person in the custody of the Requested State whose presence in the Requesting State is needed for purposes of assistance under this Treaty shall be transferred from the Requested State for that purpose if both the person and the Central Authority of the Requested State consent to the transfer.

2.

A person in the custody of the Requesting State whose presence in the Requested State is needed for purposes of assistance under this Treaty may be transferred to the Requested State if the person consents and if the Central Authorities of both States agree.

3.

For purposes of this Article:

(a)

the receiving State shall have the authority and the obligation to keep the person transferred in custody unless otherwise authorized by the sending State;

(b)

the receiving State shall return the person transferred to the custody of the sending State as soon as circumstances permit or as otherwise agreed by both Central Authorities;

(c)

the receiving State shall not require the sending State to initiate extradition proceedings for the return of the person transferred; and

(d)

the person transferred shall receive credit for service of the sentence imposed in the sending State for time served in the custody of the receiving State.

The Requested State shall use its best efforts to effect service of any documents relating to or forming part of any request for assistance made by the Requesting State under the provisions of this Treaty.

The Requesting State shall transmit a request for the service of a document requiring the appearance of a person before an authority in the Requesting State a reasonable time before the scheduled appearance.

The Requestied State shall return a proof of service in the manner specified in the request.

The Requested State shall execute a request for the search, seizure, and delivery of any item, including but not limited to any document, record, or article of evidence, to the Requesting State if the request includes the information justifying such action under the laws of the Requested State.

If required by the Central Authority of the Requesting State, every official of the Requested State who has had custody of a seized item shall certify, through the use of Form B appended to this Treaty, the continuity of custody, the identity of the item, and the integrity of its condition. No further certification shall be required. The certificates shall be admissible in evidence in the Requesting State as proof of the truth of the matters set forth therein.

The Central Authority of the Requested State may require that the Requesting State agree to terms and conditions deemed necessary to protect third party interests in the item to be transferred.

If the Central Authority of one Contracting Party becomes aware of proceeds or instrumentalities of offenses which are located in the territory of the other Party and may be forfeitable or otherwise subject to seizure under the laws of that Party, it may so inform the Central Authority of the other Party. If the other Party has jurisdiction in this regard, it may present this information to its authorities for a determination as to whether any action is appropriate. These authorities shall issue their decision in accordance with the laws of their country, and shall, through their Central Authority, report to the other Party on the action taken.

The Contracting Parties shall assist each other to the extent permitted by their respective laws in proceedings relating to the forfeiture of the proceeds and instrumentalities of offenses, restitution to the victims of crime, and the collection of fines imposed as sentences in criminal prosecutions. This may include action to temporarily restrain the disposition of the proceeds or instrumentalities of offenses pending further proceedings.

A Requested State in control of forfeited proceeds or instrumentalities shall dispose of them in accordance with its laws. To the extent permitted by its laws and upon such terms as it deems appropriate, either Party may transfer forfeited assets or the proceeds of their sale to the other Party.

This Treaty shall be subject to ratification, and the instruments of ratification shall be exchanged at Washington as soon as possible.

This Treaty shall enter into force upon the exchange of instruments of ratification.

Either contracting Party may terminate this Treaty by means of written notice to the other Party. Termination shall take effect six months following the date of notification through the diplomatic channel.

such records were made, at or near the time of the occurrence of the matters set forth, by (or from information transmitted by) a person knowledge of those matters;

such records were kept in the course of a regularly conducted business activity;

the business activity made such records as a regular practice; and

if any such record is not the original, it is a duplicate of the original.