[Congressional Record Volume 166, Number 169 (Tuesday, September 29, 2020)]
[Senate]
[Page S5938]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                        ARMS SALES NOTIFICATION

  Mr. RISCH. 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. James E. Risch,
     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. 20-43 
     concerning the Army's proposed Letter(s) of Offer and 
     Acceptance to the Government of Switzerland for defense 
     articles and services estimated to cost $2.2 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,
                                                   Heidi H. Grant,
                                                         Director.
       Enclosures.


                         Transmittal No. 20-43

     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 Switzerland.
       (ii) Total Estimated Value:
       Major Defense Equipment * $1.1 billion.
       Other $1.1 billion.
       Total $2.2 billion.
       (iii) Description and Quantity or Quantities of Articles or 
     Services under Consideration for Purchase: The Government of 
     Switzerland has requested the possible sale of five (5) 
     Patriot Configuration-3+ Modernized Fire Units, consisting 
     of:
       Major Defense Equipment (MdE):
       Five (5) AN/MPQ-65 Radar Sets.
       Five (5) AN/MSQ-132 Engagement Control Stations.
       Seventeen (17) M903 Launching Stations.
       Up to seventy (70) Patriot MIM-104E Guidance Enhanced 
     Missile Tactical (GEM-T) Missiles.
       Seven (7) Antenna Mast Groups.
       Five (5) Electrical Power Plants (EPP) III.
       Six (6) Multifunctional Information Distribution System Low 
     Volume Terminal (MIDS-LVT) (11) Block Upgrade Two (BU2).
       Non-MDE: Communications equipment; tools and test 
     equipment; range and test programs; support equipment to 
     include associated vehicles; 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 (SZ-B-UAS).
       (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.
       (viii) Date Report Delivered to Congress: September 30, 
     2020.
       *As defined in Section 47(6) of the Arms Export Control 
     Act.


                          POLICY JUSTIFICATION

      Switzerland--Patriot Configuration-3+ Modernized Fire Units

       The Government of Switzerland has requested the possible 
     sale of five (5) Patriot Configuration-3+ Modernized Fire 
     Units, consisting of: five (5) AN/MPQ-65 Radar Sets; five (5) 
     AN/MSQ-132 Engagement Control Stations; seventeen (17) M903 
     Launching Stations; up to seventy (70) Patriot MIM-104E 
     Guidance Enhanced Missile Tactical (GEM-T) Missiles; seven 
     (7) Antenna Mast Groups; five (5) Electrical Power Plants 
     (EPP) III; and six (6) Multifunctional Information 
     Distribution System Low Volume Terminal (MIDS-LVT) (11) Block 
     Upgrade Two (BU2). Also included are communications 
     equipment; tools and test equipment; range and test programs; 
     support equipment to include associated vehicles; 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 cost is 
     $2.2 billion.
       This proposed sale will support the foreign policy and 
     national security of the United States by helping to improve 
     the security of a friendly European nation which is an 
     important force for political stability and economic progress 
     within Europe.
       The proposed sale of the Patriot missile system will 
     improve Switzerland's missile defense capability. Switzerland 
     will use the Patriot to defend its territorial integrity and 
     for regional stability. The proposed sale supports 
     Switzerland's goal of improving national and territorial 
     defense. Switzerland will have no difficulty absorbing this 
     equipment 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, 
     Tewksbury, Massachusetts and Lockheed-Martin, Dallas, Texas. 
     The purchaser typically requests offsets. Any offset 
     agreement will be defined in negotiations between the 
     purchaser and the contractor.
       Implementation of this proposed sale will require 
     approximately twenty-five (25) U.S. Government and forty (40) 
     contractor representatives to travel to Switzerland 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. 20-43

  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 is a surface-to-air 
     missile defense system, which continues to hold a significant 
     technology lead over other systems in the world. The Patriot 
     Air Defense System contains communication, identification, 
     navigation, and tactical software. The items requested 
     represent significant technological advances for Switzerland.
       2. The Patriot sensitive/critical technology is primarily 
     in the area of design and production know-how and inherent in 
     the design, development and/or manufacturing data related to 
     certain components.
       3. The highest level of classification of defense articles, 
     components, services, and information on system performance 
     capabilities, effectiveness, survivability, missile seeker 
     capabilities, select software/software documentation and test 
     data included in this potential sale are classified up to and 
     including SECRET.
       4. Loss of this hardware, software, documentation and/or 
     data could permit development of information which may lead 
     to a significant threat to future U.S. military operations. 
     If an adversary were to obtain this sensitive technology, the 
     missile system effectiveness could be compromised through 
     reverse engineering techniques.
       5. A determination has been made that Switzerland 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 
     the Government of Switzerland.

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