[Congressional Record Volume 164, Number 200 (Wednesday, December 19, 2018)]
[Senate]
[Pages S7912-S7913]
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 at this point 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. 18-17, 
     concerning the Army's proposed Letter(s) of Offer and 
     Acceptance to the Government of Turkey for defense articles 
     and services estimated to cost $3.5 billion. After this 
     letter is delivered to your office, we plan to issue a news 
     release to notify the public of this proposed sale.
           Sincerely,
                                                Charles W. Hooper,
                                Lieutenant General, USA, Director.
       Enclosures.


                         Transmittal No. 18-17

     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 Turkey.
       (ii) Total Estimated Value:
       Major Defense Equipment * $1.9 billion
       Other $1.6 billion
       Total $3.5 billion
       (iii) Description and Quantity or Quantities of Articles or 
     Services under Consideration for Purchase:
       Major Defense Equipment (MDE):
       Four (4) AN/MPQ-65 Radar Sets.
       Four (4) AN/MSQ-132 Engagement Control Stations.
       Ten (10) Antenna Mast Groups.
       Twenty (20) M903 Launching Stations.
       Eighty (80) Patriot MIM-104E Guidance Enhanced Missile 
     (GEM-T) with canisters.
       Sixty (60) Patriot Advanced Capability-3 (PAC-3) Missile 
     Segment Enhancement (MSE) Missiles.
       Five (5) Electrical Power Plants (EPP) III.
       Non-MDE includes: Also included with this request are 
     communications equipment, tools and test equipment, range and 
     test programs, support equipment, prime movers, generators, 
     publications and technical documentation, training equipment, 
     spare and repair parts, personnel training, Technical 
     Assistance Field Team (TAFT), U.S. Government and contractor 
     technical, engineering, and logistics support services, 
     Systems Integration and Checkout (SICO), field office 
     support, and other related elements of logistics and program 
     support.
       (iv) Military Department: Army.
       (v) Prior Related Cases, if any: None.
       (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.

[[Page S7913]]

       (viii) Date Report Delivered to Congress: December 18, 
     2018.
       * As defined in Section 47(6) of the Arms Export Control 
     Act.


                          POLICY JUSTIFICATION

    Turkey--Patriot Missile System and Related Support and Equipment

       Turkey has requested the possible sale of four (4) AN/MPQ-
     65 Radar Sets, four (4) Engagement Control Stations, ten (10) 
     Antenna Mast Groups (AMGs), twenty (20) M903 Launching 
     Stations, eighty (80) Patriot MIM-104E Guidance Enhanced 
     Missiles (GEM-T) missiles with canisters, sixty (60) PAC-3 
     Missile Segment Enhancement (MSE) missiles, and five (5) 
     Electrical Power Plant (EPP) III. Also included with this 
     request are communications equipment, tools and test 
     equipment, range and test programs, support equipment, prime 
     movers, generators, publications and technical documentation, 
     training equipment, spare and repair parts, personnel 
     training, Technical Assistance Field Team (TAFT), U.S. 
     Government and contractor technical, engineering, and 
     logistics support services, Systems Integration and Checkout 
     (SICO), field office support, and other related elements of 
     logistics and program support. The total estimated program 
     cost is $3.5 billion.
       This proposed sale will contribute to the foreign policy 
     and national security of the United States by improving the 
     security of a key NATO Ally on the front lines of the fight 
     against terrorism. Turkey is a member of and critical 
     enabling platform for the Defeat-ISIS campaign and continues 
     to be an essential element of our National Security Strategy 
     and National Defense Strategy efforts to compete against 
     great powers in both Europe and the Middle East. The TPY-2 
     radar site that Turkey hosts is important to the European 
     Phased Adaptive Approach and to efforts to protect Allies and 
     partners against growing Iranian ballistic missile threats. 
     This sale is consistent with U.S. initiatives to provide key 
     allies with modern systems capable of being networked to 
     defend against regional instability. The proposed sale will 
     enhance Turkey's interoperability with the United States and 
     NATO, making it a more valuable partner in an increasingly 
     important area of the world.
       Turkey will use Patriot to improve its missile defense 
     capability, defend its territorial integrity, and deter 
     regional threats. The proposed sale will increase the 
     defensive capabilities of the Turkey military to guard 
     against hostile aggression and shield NATO Allies who might 
     train and operate within Turkey's borders. Turkey should have 
     no difficulty absorbing this system into its armed forces.
       The proposed sale of this equipment and support will not 
     alter the basic military balance in the region.
       The prime contractors will be Raytheon Corporation in 
     Andover, Massachusetts, and Lockheed-Martin in Dallas, Texas. 
     The purchaser requested offsets. At this time offset 
     agreements are undetermined and will be defined in 
     negotiations between the purchaser and contractors.
       Implementation of this proposed sale will require 
     approximately 25 U.S. Government and 40 contractor 
     representatives to travel to Turkey for an extended period 
     for equipment de-processing/fielding, system checkout, 
     training, and technical and logistics support.
       There will be no adverse impact on U.S. defense readiness 
     as a result of this proposed sale.


                         Transmittal No. 18-17

     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. The Patriot Air Defense System contains classified 
     CONFIDENTIAL hardware components, SECRET tactical software 
     and CRITICAL/SENSITIVE technology. Patriot ground support 
     equipment and Patriot missile hardware contain CONFIDENTIAL 
     components and the associated launcher hardware is 
     UNCLASSIFIED. The items requested represent significant 
     technological advances for Sweden Patriot. The Patriot Air 
     Defense System continues to hold a significant technology 
     lead over other surface-to-air missile systems in the world.
       2. The Patriot sensitive/critical technology is primarily 
     in the area of design and production know-how and primarily 
     inherent in the design, development and/or manufacturing data 
     related to certain components. The list of components is 
     classified CONFIDENTIAL.
       3. Information on system performance capabilities, 
     effectiveness, survivability, missile seeker capabilities, 
     select software/software documentation and test data are 
     classified up to and including SECRET.
       4. If a technologically advanced adversary were to obtain 
     knowledge of the hardware and software elements, the 
     information could be used to develop countermeasures or 
     equivalent systems which might reduce system effectiveness or 
     be used in the development of a system with similar or 
     advanced capabilities.
       5. A determination has been made that Turkey 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.
       6. All defense articles and services listed in this 
     transmittal have been authorized for release and export to 
     Turkey.


 CERTIFICATION PURSUANT TO Sec.  620C(d) OF THE FOREIGN ASSISTANCE ACT 
                          OF 1961, AS AMENDED

       Pursuant to Section 620C(d) of the Foreign Assistance Act 
     of 1961, as amended (the Act), Executive Order 12163 and 
     State Department Delegation of Authority No. 293-2, I hereby 
     certify that the furnishing to Turkey of four Patriot systems 
     is consistent with the principles contained in Section 
     620C(b) of the Act.
       This certification will be made part of the notification to 
     Congress under Section 36(b) of the Arms Export Control Act, 
     as amended, regarding the proposed sale of the above-named 
     articles and services and is based on the justification 
     accompanying such notification, of which such justification 
     constitutes a full explanation.
                                                  Andrea Thompson,
     Under Secretary of State.

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