[Congressional Record Volume 162, Number 72 (Monday, May 9, 2016)]
[Senate]
[Pages S2616-S2619]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                        ARMS SALES NOTIFICATION

  Mr. CORKER. Mr. President, section 36(b) of the Arms Export Control 
Act requires that Congress receive prior notification of certain 
proposed arms sales as defined by that statute. Upon such notification, 
the Congress has 30 calendar days during which the sale may be 
reviewed. The provision stipulates that, in the Senate, the 
notification of proposed sales shall be sent to the chairman of the 
Senate Foreign Relations Committee.
  In keeping with the committee's intention to see that relevant 
information is available to the full Senate, I ask unanimous consent to 
have printed in the Record the notifications which have been received. 
If the cover letter references a classified annex, then such annex is 
available to all Senators in the office of the Foreign Relations 
Committee, room SD-423.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                                  Defense Security


                                           Cooperation Agency,

                                                    Arlington, VA.
     Hon. Bob Corker,
     Chairman, Committee on Foreign Relations,
     U.S. Senate, Washington, DC.
       Dear Mr. Chairman: Pursuant to the reporting requirements 
     of Section 36(b)(1) of the Arms Export Control Act, as 
     amended, we are forwarding herewith Transmittal No. 16-34, 
     concerning the Department of the Army's proposed Letter(s) of 
     Offer and Acceptance to France for defense articles and 
     services estimated to cost $72 million. After this letter is 
     delivered to your office, we plan to issue a news release to 
     notify the public of this proposed sale.
           Sincerely,
                                                       J.W. Rixey,
                                      Vice Admiral, USN, Director.
       Enclosures.


                         Transmittal No. 16-34

     Notice of Proposed Issuance of Letter of Offer Pursuant to 
         Section 36(b)(1) of the Arms Export Control Act, as 
         amended
       (i) Prospective Purchaser: The Government of France.
       (ii) Total Estimated Value:
       Major Defense Equipment* $45 million.
       Other $27 million.
       TOTAL $72 million.
       (iii) Description and Quantity or Quantities of Articles or 
     Services Under Consideration for Purchase:
       Major Defense Equipment (MDE):
       Three-hundred and twelve (312) AGM-114K1A Hellfire 
     Missiles.
       One-hundred two (102) AGM-114N1A Hellfire Missiles.
       Fifty (50) ATM-114Q1A Hellfire Training Missiles.
       Non-MDE items included in this request are: Hellfire 
     Missile conversion kits; blast fragmentation sleeves and 
     installation kits; containers; and transportation.
       (iv) Military Department: Army (FR-B-WAA, Amendment 8).
       (v) Prior Related Cases, if any: FR-B-WAA-$42.2M-09 JAN 08.
       (vi) Sales Commission, Fee, etc., Paid, Offered, or Agreed 
     to be Paid: None.
       (vii) Sensitivity of Technology Contained in the Defense 
     Article or Defense Services Proposed to be Sold: See Attached 
     Annex.
       (viii) Date Report Delivered to Congress: April 29 2016.
       *As defined in Section 47(6) of the Arms Export Control 
     Act.


                          POLICY JUSTIFICATION

              The Government of France--Hellfire Missiles

       The Government of France previously requested the potential 
     sale of one hundred twelve (112) AGM-114K1A Hellfire 
     Missiles, one hundred two (102) AGM-114NIA Hellfire Missiles, 
     fifty (50) ATM-114Q1A Hellfire Training Missiles. Non-MDE 
     consists of four (4) Hellfire Missile Mock-Up Sectional 
     Models. four (4) Hellfire II AGM-114N Warhead Mock-Ups, 
     thirty (30) Hellfire M36-E4 Training Missiles, sixty (60) 
     Hellfire M60 Dummy Missiles, M299 Launcher Spare Parts (O and 
     I Level), Hellfire Missile Spare Parts (O and I Level), M36--
     4 Training Missile Spare Parts (O and I Level), Integrated 
     Logistics Support Hardware Equipment, Training, U.S. 
     Government Technical Assistance, one hundred (100) Dome 
     Covers, three (3) Hellfire AGM-114K1A Warhead Sections, three 
     (3) Hellfire AGM-114N1 Warhead Sections, thirty (30) LASS 
     Simulators, three (3) AN-205Bs, forty-four (44) IRIS, three 
     (3) Calibration Cables, AN-205B Test Equipment Spare Parts, 
     AGM-114N1 Warheads without Electronic Safe, Arm and Fire 
     Device, thirteen (13) AGM-114K1A Main Warheads with No 
     Control Interface Group, thirteen (13) AGM-114K1A Precursors, 
     Hellfire Tripod Launcher with Launch Control without Laser, 
     Technical Data Documentation, Publications, Repair and Return 
     Services, Classified Technical Data Package, Unanticipated 
     and Unprogrammed Requirements, sixteen (16) Hellfire II AGM-
     114K1A Missile Sleeves, Hellfire M60 Dummy Missile Spare 
     Parts, sixty (60) M34 Hellfire Training Missile, and 
     Conversion Services for M34 Dummy Missiles. The MDE value of 
     these items was $20 million; the total implemented value of 
     the initial case and amendments was $42 million.
       Of the items listed above, France has already received (via 
     a below Congressional threshold-level FMS case, FR-B-WAA) 
     one-hundred and twelve (112) AGM-114K1A Hellfire Missiles, 
     one hundred two (102) AGM-114N1A Hellfire Missiles, fifty 
     (50) ATM-114Q1A Hellfire Training Missiles, Hellfire Missile 
     conversion kits, blast fragmentation sleeves and installation 
     kits, containers, and transportation.
       France has requested that this existing FMS case, FR-B-WAA, 
     be amended with the possible sale of two-hundred (200) AGM-
     114K1A Hellfire Missiles, Hellfire Missile conversion, blast 
     fragmentation sleeves and installation kits, containers, and 
     transportation. The estimated MDE cost in this amendment is 
     $25 million. The total estimated cost is $30 million.
       As the amendment requested by France will raise the value 
     of FR-B-WAA over the Congressional notification threshold, 
     this transmittal notifies what will be the total quantities 
     and value of the Letter of Offer and Acceptance (LOA) with 
     this proposed amendment. The estimated cost of MDE is $45 
     million. The total estimated cost is $72 million.
       This proposed sale will contribute to the foreign policy 
     and national security of the United States by improving the 
     capability of a NATO ally. France is a major political and 
     economic power in Europe and a key democratic partner of the 
     United States in ensuring peace and stability around the 
     world. It is vital to the U.S. national interest to assist 
     France to develop and maintain a strong and ready self-
     defense capability.
       The additional missiles will meet France's operational 
     requirements for a precision-guided tactical missile for its 
     Tigre Attack Helicopter. The purchase will directly support 
     French forces actively engaged in operations in Mali and 
     Northern Africa, providing them the capability to 
     successfully engage targets with minimal collateral damage. 
     France will have no difficulty absorbing these missiles into 
     its armed forces.
       The proposed sale of this equipment and support will not 
     alter the basic military balance in the region.
       There is no principal contractor for this sale as the 
     missiles are coming from U.S. Army stock. There are no known 
     offset agreements in connection with this potential sale.
       Implementation of this proposed sale will not require any 
     additional U.S. Government or contractor representatives in 
     France.
       There will be no adverse impact on U.S. defense readiness 
     as a result of this proposed sale.


                         Transmittal No. 16-34

     Notice of Proposed Issuance of Letter of Offer Pursuant to 
         Section 36(b)(1) of the Arms Export Control Act

                           Annex Item No. vii

       (vii) Sensitivity of Technology:
       1. AGM-114K1A, AGM-114N1, and ATM-114Q1: The highest level 
     for release of the K1A semi active laser is SECRET, based 
     upon the software. Software documentation (e.g., Data 
     Processing, Software Requirements, Algorithms) are not 
     authorized for disclosure. The highest level of classified 
     information that could be disclosed by a proposed sale or by 
     testing of the end item is up to and including SECRET. The 
     highest level that must be disclosed for production, 
     maintenance, or training is up to and including SECRET. 
     Reverse engineering could reveal SECRET information. 
     Vulnerability data, countermeasures, vulnerability/
     susceptibility analyses, and threat definitions are 
     classified SECRET or CONFIDENTIAL. Detailed information to 
     include discussions, reports and studies of system 
     capabilities, vulnerabilities and limitations that leads to 
     conclusions on specific tactics or other counter 
     countermeasures (CCM) are not authorized for disclosure.
       2. A determination has been made that the recipient country 
     can provide the same degree of protection for the sensitive 
     technology being released as the U.S. Government and are 
     releasable to the Government of France. This sale is 
     necessary in furtherance of the U.S. foreign policy and 
     national security objectives outlined in the Policy 
     Justification.
                                  ____

                                                  Defense Security


                                           Cooperation Agency,

                                                    Arlington, VA.
     Hon. Bob Corker,
     Chairman, Committee on Foreign Relations,
     U.S. Senate, Washington, DC.
       Dear Mr. Chairman: Pursuant to the reporting requirements 
     of Section 36(b)(5)(A) of the Arms Export Control Act (AECA), 
     as amended, we are forwarding Transmittal No. 0H-16. This 
     notification relates to enhancements or upgrades from the 
     level of sensitivity of technology or capability described in 
     the Section 36(b)(1) AECA certification 14-18 of 07 July 
     2014.
           Sincerely,
                                                       J.W. Rixey,
                                      Vice Admiral, USN, Director.
       Enclosures.

[[Page S2617]]

  



                         Transmittal No. 0H-16

     Report of Enhancement or Upgrade of Sensitivity of Technology 
         or Capability (Sec. 36(b)(5)(A), AECA)
       i. Purchaser: Government of Singapore
       ii. Sec. 36(b)(1), AECA Transmittal No.: 14-18; Date: 07 
     July 2014; Military Department: Air Force.
       iii. Description: On 07 July 2014, Congress was notified by 
     Congressional certification transmittal number 14-18, of the 
     possible sale under Section 36(b)(1) of the Arms Export 
     Control Act (AECA) of nine-hundred and thirteen (913) KMU-556 
     B/B Joint Direct Attack Munition (JDAM) kits for Mk-84 2000 
     lb bombs, one-hundred (100) FMU-152A/B Live Fuzes, and three-
     hundred (300) DSU-40 Laser Precision Guidance Set. Also 
     included were containers, munition trailers, support 
     equipment, spare and repair parts, support and test 
     equipment, publications and technical documentation, 
     personnel training and training equipment, U.S. Government 
     and contractor engineering and technical support, and other 
     related elements of logistical and program support. The total 
     estimated major defense equipment (MDE) cost is $43 million. 
     The total estimated program cost is $63 million.
       This transmittal reports the enhancement of the KMU-556 F/B 
     JDAM kits to include SAASM/AJ (Selective Availability Anti-
     Spoofing Module with Anti-Jam) GPS receivers. There is no 
     increase in the total estimated MDE cost or total estimated 
     program cost.
       iv. Significance: This report is being provided because at 
     the time of the original notification, Singapore was not 
     approved for anti-jam capability. Singapore received DoD 
     approval for anti-jam capability on 22 October 2015.
       v. Justification: This proposed sale will contribute to the 
     foreign policy goals and national security objectives of the 
     United States by helping to improve the security of a major 
     Southeast Asian partner in counterterrorism and an important 
     force for political stability and economic progress in South 
     East Asia.
       vi. Date Report Delivered to Congress: MAY 02, 2016.


                         Transmittal No. 0H-16

     Notice of Proposed Issuance of Letter of Offer Pursuant to 
         Section 36(b)(1) of the Arms Export Control Act, as 
         amended

                           Annex Item No. vii

       (vii) Sensitivity of Technology
       1. The Joint Direct Attack Munition (JDAM) is not a stand-
     alone weapon. It is a ``bolt-on'' guidance package that 
     converts unguided bombs into precision-guided munitions 
     (PGMs). Weapon accuracy is dependent on target coordinates 
     and present position coordinates entered into the guidance 
     control unit. The Inertial Navigation System (INS), using 
     updates from the Global Positioning System (GPS), helps guide 
     the bomb to the target via the use of movable tails fins. 
     With the addition of a laser guidance nose kit, the JDAM is 
     able to engage moving targets. The JDAM all-up-round (AUR) 
     (JDAM kit, unguided bomb body, and tail fuze) is 
     UNCLASSIFIED; technical data for JDAM is classified up to 
     SECRET.
       2. This transmittal reports the enhancement of the KMU-556 
     F/B JDAM kits to include anti-jam Global Positioning System 
     (GPS) capability. The KMU-556 F/B Tail Kit with Global 
     Positioning System Selective Availability Anti-Spoofing 
     Module with Anti-jam (GPS/SAASM/AJ) is the tail kit for the 
     GBU-31F(V) 1/B and GBU-56 F (V)/B. Information revealing 
     SAASM implementation details are classified SECRET.
       3. If a technologically advanced adversary were to obtain 
     knowledge of the specific hardware and software elements, the 
     information could be used to develop countermeasures which 
     might reduce weapon system effectiveness or be used in the 
     development of a system with similar or advanced 
     capabilities.
       4. A determination has been made that the recipient country 
     can provide substantially the same degree of protection for 
     the sensitive technology being released as the U.S. 
     Government. This sale is necessary in furtherance of the U.S. 
     foreign policy and national security objectives outlined in 
     the Policy Justification.
       5. All defense articles and services listed in this 
     transmittal have been authorized for release and export to 
     Singapore.
                                  ____

                                                  Defense Security


                                           Cooperation Agency,

                                                    Arlington, Va.
     Hon. Paul D. Ryan,
     Speaker of the House,
     House of Representatives, Washington. DC.
       Dear Mr. Speaker: Pursuant to the reporting requirements of 
     Section 36(b)(1) of the Arms Export Control Act, as amended, 
     we are forwarding herewith Transmittal No. 16-28, concerning 
     the Department of the Army's proposed Letter(s) of Offer and 
     Acceptance to the Government of Tunisia for defense articles 
     and services estimated to cost $100.8 million. After this 
     letter is delivered to your office, we plan to issue a news 
     release to notify the public of this proposed sale.
           Sincerely,
                                                       J.W. Rixey,
                                      Vice Admiral, USN, Director.
       Enclosures.
                                  ____

                                                  Defense Security


                                           Cooperation Agency,

                                                    Arlington, VA.
     Hon. Bob Corker,
     Chairman, Committee on Foreign Relations,
     U.S. Senate, Washington, DC.
       Dear Mr. Chairman: Pursuant to the reporting requirements 
     of Section 36(b)(1) of the Arms Export Control Act, as 
     amended, we are forwarding herewith Transmittal No. 16-28, 
     concerning the Department of the Army's proposed Letter(s) of 
     Offer and Acceptance to the Government of Tunisia for defense 
     articles and services estimated to cost $100.8 million. After 
     this letter is delivered to your office, we plan to issue a 
     news release to notify the public of this proposed sale.
           Sincerely,
                                                       J.W. Rixey,
                                      Vice Admiral, USN, Director.
       Enclosures.
                                  ____

                                                  Defense Security


                                           Cooperation Agency,

                                                    Arlington, VA.
     Hon. Ed Royce,
     Chairman, Committee on Foreign Affairs,
     House of Representatives, Washington, DC.
       Dear Mr. Chairman: Pursuant to the reporting requirements 
     of Section 36(b)(1) of the Arms Export Control Act, as 
     amended, we are forwarding herewith Transmittal No. 16-28, 
     concerning the Department of the Army's proposed Letter(s) of 
     Offer and Acceptance to the Government of Tunisia for defense 
     articles and services estimated to cost $100.8 million. After 
     this letter is delivered to your office, we plan to issue a 
     news release to notify the public of this proposed sale.
           Sincerely,
                                                       J.W. Rixey,
                                      Vice Admiral, USN, Director.
       Enclosures.


                         Transmittal No. 16-28

     Notice of Proposed Issuance of Letter of Offer Pursuant to 
         Section 36(b)(1) of the Arms Export Control Act, as 
         amended
       (i) Prospective Purchaser: Government of Tunisia.
       (ii) Total Estimated Value:
       Major Defense Equipment* $44.3 million.
       Other $56.5 million.
       Total $100.8 million.
       (iii) Description and Quantity or Quantities of Articles or 
     Services under Consideration for Purchase:
       Major Defense Equipment (MDE):
       Twenty-five (25) Embedded GPS/Inertial (EGI) Navigation 
     Systems (INS).
       Twenty-four (24) AN/AAR-57 Common Missile Warning Systems 
     (CMWS).
       Ten (10) AGM-114R Hellfire Missiles.
       Eighty-two (82) Advanced Precision Kill Weapon System 
     (APKWS) Rounds.
       Non-MDE: This request includes the following Non-MDE: To be 
     installed on each of the twenty-four (24) EDA OH-58D 
     aircraft: one (1) SHP Rolls-Royce 250-C3OR/3 Engine, one (1) 
     AN/ARC-164 UHF Radio, one (1) AN/ARC-186 VHF Radio, one (1) 
     PC-DTS-V Data Recorder, two (2) AN/ARC-201D Radios, one (1) 
     AN/APX-118 IFF Transponder, one (1) AN/APR-39A(V)1/4 Radar 
     Signal Detecting Set, one (1) AN/AVR-2B Laser Warning 
     Receiver, one (1) Ml34 DH Mini-Gun, one (1) M3P Aircraft Gun 
     System, and two (2) M260 Rocket Launchers.
       This request also includes: fifty (50) AN/AVS-6 Night 
     Vision Goggles (NVGs), five-hundred thousand (500,000) 12.7mm 
     rounds for the M3P Gun System, 2.3 million 7.62mm rounds for 
     the M134DH Mini-Gun, the A965M1 Decoy Chaff Cartridges, M211 
     and M212 Advance Infrared Countermeasures Munition flares, 
     eighty-two (82) MK66 MOD 4+ 2.75 rocket motors and eighty-two 
     (82) M152 High Explosive (HE) warheads to support the APKWS, 
     one (1) EGI for the Combined Armament Avionics Electrical 
     Trainers, six (6) M279A1 Hellfire Launchers, associated test 
     and support equipment, technical support, the Army's Non-
     Standard Rotary Wing Aviation Program Manager's Office (NSRWA 
     PMO) technical support, Security Assistance Management 
     Directorate's (SAMD) program technical support, additional 
     contractor support, Peculiar Ground Support Equipment (PGSE), 
     Post Production Support Services (PPSS), Government Furnished 
     Equipment (GFE), Retrofit Service Notice (RSN), Repair and 
     Return (R&R), communication and navigation equipment, 
     aircraft survivability equipment, displays, flyable storage, 
     transportation of aircraft, publications, and training.
       (iv) Military Department: Army (IBD).
       (v) Prior Related Cases, if any: TU-B-USS-12 JAN 15-$405M.
       (vi) Sales Commission. Fee, etc., Paid, Offered. or Agreed 
     to be Paid: None.
       (vii) Sensitivity of Technology Contained in the Defense 
     Article or Defense Services Proposed to be Sold: See Annex 
     attached.
       (viii) Date Report Delivered to Congress: MAY 03, 2016.
       *As defined in Section 47(6) of the Arms Export Control 
     Act.


                          POLICY JUSTIFICATION

      Tunisia-OH-58D Kiowa Warrior Aircraft Equipment and Support

       The Government of Tunisia has requested a possible sale of:
       Major Defense Equipment (MDE):
       Twenty-five (25) Embedded GPS/Inertial (EGI) Navigation 
     Systems (INS).
       Twenty-four (24) AN/AAR-57 Common Missile Warning Systems 
     (CMWS).
       Ten (10) AGM-114R Hellfire Missiles.
       Eighty-two (82) Advanced Precision Kill Weapon System 
     (APKWS) Rounds.

[[Page S2618]]

       This request includes the following Non-MDE: To be 
     installed on each of the twenty-four (24) WA OH-58D aircraft: 
     one (1) SHP Rolls-Royce 250-C3OR/3 Engine, one (1) AN/ARC-164 
     UHF Radio, one (1) AN/ARC-186 VHF Radio, one (1) PC-DTS-V 
     Data Recorder, two (2) AN/ARC-201D Radios, one (1) AN/APX-118 
     IFF Transponder, one (1) AN/APR-39A(V)1/4 Radar Signal 
     Detecting Set, one (1) AN/AVR-2B Laser Warning Receiver, one 
     (1) Ml34 DH Mini-Gun, one (1) M3P Aircraft Gun System, and 
     two (2) M260 Rocket Launchers.
       This request also includes: fifty (50) AN/AVS-6 Night 
     Vision Goggles (NVGs), five-hundred thousand (500,000) 12.7mm 
     rounds for the M3P Gun System, 2.3 million 7.62mm rounds for 
     the M134DH Mini-Gun, the A965M1 Decoy Chaff Cartridges, M211 
     and M212 Advance Infrared Countermeasures Munition flares, 
     eighty-two (82) MK66 MOD 4 2.75 rocket motors and eighty-two 
     (82) M152 High Explosive (HE) warheads to support the APKWS, 
     one (1) EGI for the Combined Armament Avionics Electrical 
     Trainers, six (6) M279A1 Hellfire Launchers, associated test 
     and support equipment, technical support, the Army's Non-
     Standard Rotary Wing Aviation Program Manager's Office (NSRWA 
     PMO) technical support, Security Assistance Management 
     Directorate's (SAMD) program technical support, additional 
     contractor support, Peculiar Ground Support Equipment (PGSE), 
     Post Production Support Services (PPSS), Government Furnished 
     Equipment (GFE), Retrofit Service Notice (RSN), Repair and 
     Return (R&R), communication and navigation equipment, 
     aircraft survivability equipment, displays. flyable storage, 
     transportation of aircraft, publications, and training.
       The total estimated value of MDE is $44.3 million. The 
     total overall estimated value is $100.8 million.
       Tunisia has been approved to receive twenty-four (24) OH-
     58D Kiowa Warrior Helicopters via the Excess Defense Articles 
     (EDA) Program under a separate notification. That separate 
     notification included only the OH-58D airframes, thus this 
     transmittal includes all the major components and customer-
     unique requirements requested to supplement the EDA grant 
     transfer.
       This proposed sale will contribute to the foreign policy 
     and national security objectives of the United States by 
     helping to improve the security of Tunisia which has been, 
     and continues to be an important force for political 
     stability and economic progress in the North African region. 
     The United States is committed to the security of Tunisia, 
     and it is vital to U.S. national interests to assist Tunisia 
     to develop and maintain a strong and ready self-defense 
     capability.
       The OH-58D Kiowa Warrior helicopters along with the parts, 
     systems, and support enumerated in this notification will 
     improve Tunisia's capability to conduct border security and 
     combat operations against terrorists, including Al-Qaida in 
     the Islamic Maghreb (AQIM), Islamic State in Iraq and the 
     Levant (ISIL) in Libya, and Ansar al-Sharia, Tunisia (AAS-T). 
     These helicopters will further modernize the Tunisian armed 
     forces and increase its interoperability with U.S. forces and 
     other coalition partners. Tunisia will have no difficulty 
     absorbing this equipment into its armed forces.
       The proposed sale will not alter the basic military balance 
     in the region.
       The principal contractor for this effort is unknown and 
     will be determined during contract negotiations. There are no 
     known offset agreements proposed in connection with this 
     potential sale.
       Implementation of this proposed sale will require the 
     assignment of approximately ten (10) additional U.S. 
     Government and approximately fifteen (15) contractor 
     representatives to Tunisia for approximately five (5) years 
     to support the fielding, maintenance, and personal training.
       There will be no adverse impact on U.S. defense readiness 
     as a result of this proposed sale.


                         Transmittal No. 16-28

     Notice of Proposed Issuance of Letter of Offer Pursuant to 
         Section 36(b)(1) of the Arms Export Control Act

                           Annex Item No. vii

       (vii) Sensitivity of Technology:
       1. This sale will involve the release of sensitive 
     technology to Tunisia. The OH-58D Kiowa Warrior Helicopter 
     weapons system is classified up to SECRET. The OH-58D 
     aircraft features advanced avionics and other technologically 
     sensitive systems. Aircraft in the U.S. Government 
     configuration will be equipped with one (1) SHP Rolls-Royce 
     250-C30R/3 Engine, one (1) AN/ARC-164 UHF Radio, one (1) AN/
     ARC-186 VHF Radio, one (1) PC-DTS-V Data Recorder, two (2) 
     AN/ARC-201D Radios, one (1) AN/APX-118 IFF Transponder, one 
     (1) Embedded UPS/Inertial (EGI) Navigation System (INS), one 
     (1) AN/APR-39A(V)1/4 Radar Signal Detecting Set, one (1) AN/
     AAR-57 Common Missile Warning System (CMWS), one (1) AN/AVR-
     2B Laser Warning Receiver, one (1) M134 DH Mini-Gun, one (1) 
     M3P Aircraft Gun System, two (2) M260 Rocket Launchers, 
     Hellfire Missile System, the Advanced Precision Kill Weapon 
     System (APKWS), AN/AVS-6 Night Vision Goggles (NVGs), the 
     AGM-114R Hellfire Missile, A965M1 Decoy Chaff Cartridges, 
     M211 and M212 Advance Infrared Countermeasures Munition 
     flares.
       2. Sensitive and/or classified (up to SECRET) elements of 
     the proposed OH-58D Kiowa Warrior Helicopter sale include 
     hardware, accessories, components, and associated software: 
     Embedded GPS/Inertial (EGI) Navigation System (INS), the AN/
     AAR-57 Common Missile Warning System (CMWS), the AN/APX-118 
     Transponder Identify Friend or Foe (IFF), the AN/APR-39A(V)1/
     4 Radar Signal Detecting Set, the AN/AVR-2B Laser Detecting 
     Set, the AN/AVS-6 Night Vision Goggles (NVGs), the AGM-114R 
     Hellfire Missiles, the Advanced Precision Kill Weapon System 
     (APKWS) All-Up-Rounds (AURs), A965M1 Decoy Chaff Cartridge, 
     and the M211 and M212 Advance Infrared Countermeasures 
     Munition flares. Additional sensitive information includes 
     operating manuals, and maintenance technical orders 
     containing performance information, operating and test 
     procedures, and other information related to support 
     operations and repair. The hardware, software, and data 
     identified are classified to protect vulnerabilities, design, 
     and performance parameters, and other similar critical 
     information.
       a. The EGI/INS is a navigation platform that combines an 
     inertial sensor assembly with a fixed reception pattern 
     antenna (GPS receiver and a common Kalman filter. The EGI 
     system is the primary source for position information. The 
     EGI is UNCLASSIFIED. The GPS crypto variable keys needed for 
     highest GPS accuracy are classified up to SECRET.
       b. The AN/AAR-57 Common Missile Warning System utilizes 
     electro-optical sensors to warn the aircrew of threatening 
     missile launch and approach.
       This system detects and performs data hand-off so 
     countermeasures can be automatically dispensed. The system 
     provides pilots hostile fire indication. The system hardware 
     components are UNCLASSIFIED without installed software. When 
     software is installed, the system is classified up to 
     CONFIDENTIAL.
       c. The AN/APX-118 Identification Friend or Foe combined 
     transponder interrogator system is UNCLASSIFIED unless 
     evaluator parameters are enabled, which are SECRET.
       d. The AN/APR-39A(V)1/4 Radar Signal Detecting Set provides 
     warning of radar directed threats to allow appropriate 
     evasive maneuvers and deployment of radar countermeasures. 
     The system hardware components are UNCLASSIFIED without 
     installed software. When the software is installed, the 
     system is classified up to CONFIDENTIAL.
       e. The AN/AVR-2B Laser Detecting Set is a passive laser 
     warning system that can receive, process. and provide for the 
     display of threat information. The system, hardware 
     components, and software are UNCLASSIFIED.
       f. The AN/AVS-6 Night Vision Goggles (NVG) is a 3rd 
     generation aviation NVG offering higher resolution, high 
     gain, and photo response to near infrared. Hardware is 
     UNCLASSIFIED and technical data and documentation to be 
     provided are UNCLASSIFIED.
       8. The AGM-114R Hellfire Missile has sensitive technology 
     contained within operational semi-active laser seeker. The 
     highest level for release of the AGM-114R is SECRET, based 
     upon the semi-active seeker and warhead. Reverse engineering 
     could reveal CONFIDENTIAL information. Vulnerability data, 
     countermeasures, vulnerability/susceptibility analyses, and 
     threat definitions are classified SECRET or CONFIDENTIAL.
       h. The Advanced Precision Kill Weapon System (APKWS) All-
     Up-Round (AUR) is an air-to-ground weapon that consists of an 
     APKWS Guidance Section (GS), 2.75-inch MK66 Mod 4 rocket 
     motor, and MK152 warhead/fuze. APKWS uses a semi-active laser 
     seeker. The GS is installed between the rocket motor and 
     warhead to create a guided rocket. The APKWS may be procured 
     as an independent component to be mated to appropriate 2.75-
     inch warheads/fuzes and rocket motors purchased separately or 
     may be purchased as an AUR. The overall classification is 
     SECRET.
       i. The A965M1 is a 25.4mm Decoy Chaff Cartridge. All 
     cartridge components including the cartridge case, piston, 
     end cap, and theoretical band coverage are UNCLASSIFIED. The 
     specifications and drawings for this item are also 
     UNCLASSIFIED. Radar Cross Section (RCS) measurements of 
     deployed chaff are CONFIDENTIAL. Chaff deployment timing, 
     sequence, pattern, and effectiveness against radar threats 
     are SECRET/NOFORN.
       3. Software, hardware, and other data/information, which is 
     classified or sensitive, is reviewed prior to release to 
     protect system vulnerabilities, design data, and performance 
     parameters. Some end-item hardware, software, and other data 
     identified above are classified at the CONFIDENTIAL and 
     SECRET level. Potential compromise of these systems is 
     controlled through management of the basic software programs 
     of highly sensitive systems and software-controlled weapon 
     system on a case-by-case basis.
       4. If a technologically advanced adversary were to obtain 
     knowledge of the specific hardware and software elements, the 
     information could be used to develop countermeasures that 
     might reduce weapon system effectiveness or be used in the 
     development of a system with similar capabilities. Weapon 
     system effectiveness to persecute adversaries kinetically and 
     strategically would be greatly compromised, and 
     interoperability with friendly forces would be adversely 
     impacted.
       5. A determination has been made that Tunisia, the 
     recipient country, can provide the same degree of protection 
     for the sensitive technology being released as the U.S. 
     Government. This sale is necessary in furtherance of the U.S. 
     foreign policy and national

[[Page S2619]]

     security objectives outlined in the Policy Justification.
       6. All defense articles and services listed in this 
     transmittal have been authorized for release and export to 
     the Government of Tunisia.

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