[Congressional Record Volume 166, Number 206 (Monday, December 7, 2020)]
[Senate]
[Pages S7236-S7237]
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:


[[Page S7237]]


                                                  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. 20-78 
     concerning the Army's proposed Letter(s) of Offer and 
     Acceptance to the Government of Australia for defense 
     articles and services estimated to cost $132.2 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,
                                                   Heidi H. Grant,
                                                         Director.
       Enclosures.


                         Transmittal No. 20-78

     Notice of Proposed Issuance of Letter of Offer Pursuant to 
         Section 36(b)(l) of the Arms Export Control Act, as 
         amended
       (i) Prospective Purchaser: Government of Australia.
       (ii) Total Estimated Value:
       Major Defense Equipment * $0
       Other $132.2 million.
       Total $132.3 million.
       (iii) Description and Quantity or Quantities of Articles or 
     Services under Consideration for Purchase:
       Major Defense Equipment (MDE):
       None.
       Non-MDE: M825Al 155mm White Phosphorous projectile 
     munitions, M782 Multi-Option Fuze for Artillery, M762Al 
     electronic-timed fuzes, M231 and M232A2 propelling charges, 
     percussion primers, technical publications and books, 
     technical data for operational maintenance, technical 
     assistance and services, and other related elements of 
     logistics and program support.
       (iv) Military Department: Army (AT-B-ULC).
       (v) Prior Related Cases, if any: AT-B-UGN.
       (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: December 4, 2020.
       *As defined in Section 47(6) of the Arms Export Control 
     Act.


                          POLICY JUSTIFICATION

       Government of Australia--155mm Ammunition and Accessories

       The Government of Australia has requested to buy M825A1 
     155mm White Phosphorous projectile munitions, M782 Multi-
     Option Fuze for Artillery, M762A1 electronic-timed fuzes, 
     M231 and M232A2 propelling charges, percussion primers, 
     technical publications and books, technical data for 
     operational maintenance, technical assistance and services, 
     and other related elements of logistics and program support. 
     The total estimated program cost is $132.2 million.
       This proposed sale will support the foreign policy and 
     national security objectives of the United States. Australia 
     is one of our most important allies in the Western Pacific. 
     The strategic location of this political and economic power 
     contributes significantly to ensuring peace and economic 
     stability in the region.
       This purchase will enable effective training and extend the 
     Australian Defence Force's (ADF) capability to conduct 
     combined operations. The ADF already has these rounds in 
     service, and is trained and equipped to use them. Australia 
     will not have any difficulty absorbing these weapons into its 
     armed forces.
       The proposed sale of this equipment and support will not 
     alter the basic military balance in the region.
       The principal contractor will be determined at a later 
     date. The material could potentially be sourced from a 
     combination of DoD stocks and new procurement. There are no 
     known offset agreements proposed in connection with this 
     potential sale.
       Implementation of this proposed sale will not require the 
     assignment of U.S. Government or contractor representatives 
     to Australia.
       There will be no adverse impact on U.S. defense readiness 
     as a result of this proposed sale.


                         Transmittal No. 20-78

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

                           Annex Item No. vii

       (vii) Sensitivity of Technology:
       1. The M825A1 is a 155mm artillery projectile which 
     utilizes a payload of white phosphorous impregnated felt to 
     produce a smoke screen at a target location. The Government 
     of Australia has stated their commitment to use these rounds 
     exclusively for its intended purpose, which is to provide 
     signaling and to obscure enemy visibility on the battlefield.
       2. The M782 Multi-Option Fuze for Artillery (MOFA). The 
     M782 is a selectable multi-option fuze that provides height 
     of burst capability to artillery rounds. The M782 is a 
     sensitive military technology and has been approved for 
     release to the Government of Australia.
       3. Also included in this case are propelling charges and 
     other fuzes that enable the effective use of the M825A1 end 
     item. While these technologies are controlled military 
     hardware they do not represent a significant technology 
     transfer risk.
       4. The highest level of classified information associated 
     with the sale of this equipment is SECRET.
       5. If a technologically advanced adversary obtains 
     knowledge of the specific hardware and software elements, the 
     information could be used to develop countermeasures or 
     equivalent systems that might reduce weapon system 
     effectiveness or be used in the development of a system with 
     similar or advanced capabilities.
       6. A determination has been made that Australia can provide 
     substantially the same degree of protection for the sensitive 
     technology being released as the U.S. Government. This 
     proposed sale is necessary to further the U.S. foreign policy 
     and national security objectives outlined in the Policy 
     Justification.
       7. All defense articles and services listed on this 
     transmittal are authorized for release and export to the 
     Government of Australia.

                          ____________________