[Congressional Record Volume 168, Number 67 (Monday, April 25, 2022)]
[Senate]
[Pages S2126-S2127]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
ARMS SALES NOTIFICATION
Mr. MENENDEZ. 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. Robert Menendez,
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. 22-24,
concerning the Navy's proposed Letter(s) of Offer and
Acceptance to the Government of Nigeria for defense articles
and services estimated to cost $997 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,
James A. Hursch,
Director.
Enclosures:
Transmittal No. 22-24
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 Nigeria.
(ii) Total Estimated Value:
Major Defense Equipment* $521 million.
Other $476 million.
Total $997 million.
Funding Source: National Funds.
(iii) Description and Quantity or Quantities of Articles or
Services under Consideration for Purchase:
Major Defense Equipment (MDE):
Twelve (12) AH-1Z Attack Helicopters.
Twenty-eight (28) T-700 GE 401C Engines (24 installed, 4
spares).
Two thousand (2,000) Advanced Precision Kill Weapon System
(APKWS) Guidance Sections.
Non-MDE: Also included is Night Vision Cueing Display
(NVCD); commercial variant GPS with Standard Positioning
Service (SPS); communication equipment; electronic warfare
systems; AN/AVS-9 Aviator's Night Vision Imaging System; M197
20mm machine gun; Target Sight System (TSS); support
equipment; spare engine containers; spare and repair parts;
tools and test equipment; technical data and publications;
personnel training and training equipment; Mission Planning
system; U.S. Government and contractor engineering;
technical, and logistics support services; U.S. Government
and contractor assistance and oversight of facilities
construction to include the provisioning of plans, drawings
and specifications; $25M of case funds will be allocated for
institutional and technical assistance to the Armed Forces of
Nigeria (AFN) to continue Air Ground Integration (AGI)
program, which includes developing targeting processes that
are legally compliant with International Humanitarian Law and
the Laws of Armed Conflict; and other related elements of
logistics and program support.
(iv) Military Department: Navy (NI-P-SAO).
(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: April 14, 2022.
*As defined in Section 47(6) of the Arms Export
Control Act.
POLICY JUSTIFICATION
Nigeria--AH-1Z Attack Helicopter Related FMS Acquisitions
The Government of Nigeria has requested to buy twelve (12)
AH-1Z Attack Helicopters; twenty-eight (28) T-700 GE 401C
engines (24 installed, 4 spares); and two thousand (2,000)
Advanced Precision Kill Weapon System (APKWS) guidance
sections. Also included is Night Vision Cueing Display
(NVCD); commercial variant GPS with Standard Positioning
Service (SPS); communication equipment; electronic warfare
systems; AN/AVS-9 Aviator's Night Vision Imaging System; M197
20mm machine gun; Target Sight System (TSS); support
equipment; spare engine containers; spare and repair parts;
tools and test equipment; technical data and publications;
personnel training and training equipment; Mission Planning
system; U.S. Government and contractor engineering;
technical, and logistics support services; U.S. Government
and contractor assistance and oversight of facilities
construction to include the provisioning of plans, drawings
and specifications; $25M of case funds will be allocated for
institutional and technical assistance to the Armed Forces of
Nigeria (AFN) to continue Air Ground Integration (AGI)
program, which includes developing targeting processes that
are legally compliant with International Humanitarian Law and
the Laws of Armed Conflict; and other related elements of
logistics and program support. The total estimated program
cost is $997 million.
This proposed sale will support the foreign policy goals
and national security objectives of the United States by
improving the security of a strategic partner in Sub-Saharan
Africa.
The proposed sale will better equip Nigeria to contribute
to shared security objectives, promote regional stability and
build interoperability with the U.S. and other Western
partners. This sale will be a major contribution to U.S. and
Nigerian security goals. Nigeria will have no difficulty
absorbing the equipment and services into its armed forces.
The proposed sale of this equipment will not alter the
basic military balance in the region.
The principal contractors will be Bell Helicopter, Textron,
Fort Worth, TX; and General Electric Company, Lynn, MA. There
are no known offset agreements in connection with this
potential sale.
Implementation of this proposed sale will require multiple
trips by U.S. Government and contractor representatives to
participate in program and technical reviews plus training
and maintenance support in country, on a temporary basis, for
a period of five (5) years. It will also require
approximately three (3) contractor support representatives to
reside in country for a period of two (2) years to support
this program.
There will be no adverse impact on U.S. defense readiness
as a result of this proposed sale.
Transmittal No. 22-24
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 Z-model has an integrated avionics system (IAS)
which includes two (2) mission computers and an automatic
flight control system. Each crew station has two (2) 8x6-inch
multifunction liquid crystal displays (LCD) and one (1)
4.2x4.2-inch dual function LCD display. The communications
suite will have NON-COMSEC AR-1500 Ultra High Frequency Very
High Frequency (UHF/VHF) radios with associated
communications equipment. The navigation suite includes a
commercial variant Standard Positioning System (SPS), a
digital map system and a low-airspeed air data subsystem,
which allows weapons delivery when hovering.
2. The crew is equipped with the Optimized Top Owl (OTO)
helmet-mounted sight and display system. The OTO has a Day
Display Module (DDM) and a Night Display Module (NDM). The
AH-1Z has survivability equipment including the AN/AAR-47
Missile Warning and Laser Detection System, AN/ALE-47 Counter
Measure Dispensing System (CMDS) and the AN/APR-39 Radar
Warning Receiver
[[Page S2127]]
(RWR) to cover countermeasure dispensers, radar warning,
incoming/on-way missile warning and on- fuselage laser-spot
warning systems.
3. The highest level of classification of defense articles,
components, and services included in this potential sale is
SECRET.
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 or advanced
capabilities.
5. A determination has been made that Nigeria 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 Nigeria.
____________________