[Congressional Record Volume 168, Number 67 (Monday, April 25, 2022)]
[Senate]
[Pages S2127-S2128]
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: On April 23, 2022, the Secretary of
State, pursuant to section 36(b) of the Arms Export Control
Act, as amended, determined that an emergency exists which
requires the immediate sale of the defense articles and
defense services identified in the attached transmittal to
Ukraine through the Foreign Military Sales process. Ukraine's
military forces require urgent support to enable them to
resist the ongoing Russian invasion. Ukraine has identified a
number of urgent needs to support its effort to repel the
invasion, including ammunition. Immediate delivery of
ammunition will help Ukraine in its continuing battle against
Russian ground forces. It is in U.S. national security
interests to facilitate these transfers in support of
Ukraine's defense of its territory.
Please find attached (Tab 1) the Secretary of State
Determination and Justification waiving the Congressional
review requirements under Section 36(b)(1) of the Arms Export
Control Act, as amended, for the attached Transmittal of the
proposed Letter of Offer and Acceptance to the Ukraine for
defense articles and services pursuant to the notification
requirements of Section 36(b)(1) of the Arms Export Control
Act (AECA), as amended. The determination and detailed
justification are a part of the Transmittal. After this
letter is delivered to your office, we plan to issue a news
release to notify the public of the proposed sale.
Sincerely,
James A. Hursch,
Director.
Enclosures.
DETERMINATION UNDER SECTION 3 6(b)(1) OF THE ARMS EXPORT CONTROL ACT,
22 U.S.C. 2776(b)(1)
Pursuant to section 36(b)(1) of the Arms Export Control
Act, 22 U.S.C. 2776, I hereby determine that an emergency
exists which requires the immediate sale of the following
defense articles and services in the national security
interest of the United States:
Various rounds of non-standard ammunition to include, but
not limited to, the following:
152mm rounds for 2A36 Giatsint.
152mm rounds for D-20 cannons.
VOG-17 for automatic grenade launcher AGS-17.
120mm mortar rounds (non-NATO).
122mm rounds for 2S1 Gvozdika; BM-21 GRAD Rockets.
300mm rounds/rockets for MLRS ``Smerch''.
VOG-25 grenades for under barrel grenade launcher GP-25.
82mm mortar rounds.
125mm HE ammunition for T-72.
152mm rounds for 2A65 Msta.
Transportation.
Logistical and program support.
This determination, along with the accompanying Memorandum
of Justification, shall be transmitted to Congress with the
applicable notifications.
MEMORANDUM OF JUSTIFICATION FOR THE EMERGENCY AUTHORIZATION OF THE SALE
OF NON-STANDARD AMMUNITION TO UKRAINE UNDER SECTION 36(b)(1) OF THE
ARMS EXPORT CONTROL ACT
The Secretary of State has executed his delegated authority
to determine that an emergency exists requiring the sale of
non-standard ammunition to the Government of Ukraine in the
national security interest of the United States and the
immediate issuance of the associated letter of offer.
In the early morning of February 24, Russia launched a
full-scale, premeditated attack against Ukraine. Russia's
massive military force buildup (with over 150,000 soldiers
and equipment along the Russia-Ukraine and Belarus-Ukraine
borders) enabled it to invade Ukraine with devastating
consequences. This incursion came after Russia's cyber
operations attacks against Ukrainian government
infrastructure, Russian President Putin's purported
recognition on February 21 of the so-called ``Luhansk
People's Republic'' and ``Donetsk People's Republic'' as
independent states, and the Kremlin's subsequent deployment
of Russian military forces into the Donbas. On February 24,
President Putin announced a ``special military operation'' in
Ukraine, and Russian forces launched premediated, unprovoked,
and unjustified attacks against locations throughout Ukraine,
including civilian infrastructure, in a full-scale invasion.
Over the last eight years, the U.S. government has provided
robust levels of defense support to Ukraine to help counter
Russia's aggressive and destabilizing activities. Ukraine
also has increasingly purchased U.S. military equipment using
national funds. Since the beginning of the conflict in 2014,
the United States has provided more than $6 billion in
security assistance to Ukraine, including through the
Department of Defense's (DoD) Ukraine Security Assistance
Initiative (USAI), DoD's security assistance authority under
10 U.S.C. 333, State's foreign military financing (FMF)
program, and presidential drawdowns. Through these programs,
which accelerated in the immediate lead-up to and following
the February 24 all-out Russian attack, the United States has
provided and is providing Ukraine with military equipment
such as anti-armor missile systems, man-portable air defense
systems, unmanned aerial systems, patrol boats, helicopters,
artillery, grenade launchers, counter-artillery and counter-
mortar radars, military medical equipment, electronic warfare
detection systems, tactical gear, ammunition, and support for
ongoing training programs.
Although U.S. security assistance has improved Ukraine's
overall defense posture and capabilities, Ukraine's military
forces require urgent additional support to enable them to
continue to defend against the ongoing Russian invasion.
There is an urgent and pressing need to provide nonstandard
ammunition to Ukraine's military forces, which is essential
to enable those forces to repel Russian advances into their
territory--particularly a renewed offensive in the east and
south. As Ukrainian forces expend ammunition to defend their
country, their daily replenishment requirements continue to
increase. With critically low stores of ammunition for their
fielded systems, we must act immediately to provide the
required ammunition to sustain Ukraine in this conflict. The
sale of this ammunition is expected to be funded from FMF for
Ukraine.
For the reasons discussed above, an emergency exists which
requires this sale under the Arms Export Control Act, in the
national security interest of the United States and the
immediate issuance of the associated letter of offer.
Transmittal No. 22-30
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 Ukraine.
(ii) Total Estimated Value:
Major Defense Equipment* $0 million.
Other $165 million.
Total $165 million.
Funding Source: Foreign Military Financing.
(iii) Description and Quantity or Quantities of Articles or
Services under Consideration for Purchase:
Major Defense Equipment (MDE): None.
Non-MDE: Various rounds of non-standard ammunition to
include, but not limited to, the following: 152mm rounds for
2A36 Giatsint; 152mm rounds for D-20 cannons; VOG-17 for
automatic grenade launcher AGS-17; 120mm mortar rounds (non-
NATO); 122mm rounds for 2Sl Gvozdika; BM-21 GRAD Rockets;
300mm rounds/rockets for MLRS ``Smerch;'' VOG-25 grenades for
under barrel grenade launcher GP-25; 82mm mortar rounds;
125mm HE ammunition for T-72; 152mm rounds for 2A65 Msta;
transportation; and other related elements of logistical and
program support.
(iv) Military Department: Army (UP-B-UCS).
(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: None.
(viii) Date Report Delivered to Congress: April 24, 2022.
[[Page S2128]]
*As defined in Section 47(6) of the Arms Export
Control Act.
POLICY JUSTIFICATION
Ukraine--Non-Standard Ammunition
The Government of Ukraine has requested to buy various
rounds of non-standard ammunition to include, but not limited
to, the following: 152mm rounds for 2A36 Giatsint; 152mm
rounds for D-20 cannons; VOG-17 for automatic grenade
launcher AGS-17; 120mm mortar rounds (non-NATO); 122mm rounds
for 2Sl Gvozdika; BM-21 GRAD Rockets; 300mm rounds/rockets
for MLRS ``Smerch;'' VOG-25 grenades for under barrel grenade
launcher GP-25; 82mm mortar rounds; 125mm HE ammunition for
T-72; 152mm rounds for 2A65 Msta; transportation; and other
related elements of logistical and program support. The total
estimated program cost is $165 million.
The Secretary of State has determined and provided detailed
justification that an emergency exists that requires the
immediate sale to Ukraine of the above defense articles (and
defense services) in the national security interests of the
United States, thereby waiving the Congressional review
requirements under Section 36(b) of the Arms Export Control
Act, as amended.
This proposed sale will support the foreign policy goals
and national security objectives of the United States by
improving the security of a partner country that is a force
for political stability and economic progress in Europe.
The proposed sale will improve Ukraine's capability to meet
current and future threats by maintaining the operational
readiness of its forces. The provision of non-standard and
legacy Warsaw Pact ammunition will enable the Armed Forces
Ukraine to defend itself against ongoing threats and enhance
national defense. Ukraine already has these items, or
variants thereof, in its inventory and 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 contractor(s) will be selected upon contract
award.
Implementation of this proposed sale will not require the
assignment of any additional U.S. Government or contractor
representatives to Ukraine.
There will be no adverse impact on U.S. defense readiness
as a result of this proposed sale.
____________________