[Congressional Record Volume 168, Number 130 (Wednesday, August 3, 2022)]
[Senate]
[Pages S3907-S3908]
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

[[Page S3908]]

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 22202.
     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. 22-32, 
     concerning the Missile Defense Agency's proposed Letter(s) of 
     Offer and Acceptance to the Government of the United Arab 
     Emirates for defense articles and services estimated to cost 
     $2.245 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,
                                                  James A. Hursch,
                                                         Director.
       Enclosures.


                         Transmittal No. 22-32

     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 the United Arab 
     Emirates.
       (ii) Total Estimated Value:
       Major Defense Equipment * $1.820 billion.
       Other $.425 billion.
       Total * $2.245 billion.
       Funding Source: National Funds.
       (iii) Description and Quantity or Quantities of Articles or 
     Services under Consideration for Purchase:
       Major Defense Equipment (MDE):
       Ninety-six (96) Terminal High Altitude Area Defense (THAAD) 
     Missile Rounds.
       Two (2) THAAD Launch Control Stations (LCS).
       Two (2) THAAD Tactical Operations Station (TOS).
       Non-MDE: Also included are repair and return, system 
     integration and checkout, and spare and repair parts; support 
     and testing equipment; publications and technical 
     documentation; construction activities; encryption devices; 
     secure communication equipment; other required COMSEC 
     equipment; and other related elements of logistical and 
     program support.
       (iv) Military Department: Missile Defense Agency (AE-I-
     UBC).
       (v) Prior Related Cases, if any: AE-I-UBB, AE-B-UAE, AE-B-
     UAF, AE-B-UDR, AE-B-OAE.
       (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: August 2, 2022.
       * As defined in Section 47(6) of the Arms Export Control 
     Act.


                          POLICY JUSTIFICATION

   United Arab Emirates--Terminal High Altitude Area Defense (THAAD) 
   System Missiles and THAAD Fire Control and Communication Stations

       The Government of the United Arab Emirates (UAE) has 
     requested to buy ninety-six (96) Terminal High Altitude Area 
     Defense (THAAD) missile rounds; two (2) THAAD Launch Control 
     Stations (LCS); and two (2) THAAD Tactical Operations 
     Stations (TOS). Also included are repair and return, system 
     integration and checkout, and spare and repair parts; support 
     and testing equipment; publications and technical 
     documentation; construction activities; encryption devices; 
     secure communication equipment; other required COMSEC 
     equipment; and other related elements of logistical and 
     program support. The total estimated program cost is $2.245 
     billion.
       This proposed sale will support the foreign policy and 
     national security of the United States by helping to improve 
     the security of an important regional partner. The UAE is a 
     vital U.S. partner for political stability and economic 
     progress in the Middle East.
       The proposed sale will improve the UAE's ability to meet 
     current and future ballistic missile threats in the region, 
     and reduce dependence on U.S. forces. The UAE will have no 
     difficulty absorbing this equipment into its armed forces, as 
     it currently employs the THAAD system.
       The proposed sale of this equipment and support will not 
     alter the basic military balance in the region.
       The principal contractor will be Lockheed Martin Space 
     Systems Corporation, Sunnyvale, CA. It is anticipated the 
     purchaser will request offsets. Any offset agreement will be 
     defined in negotiations between the purchaser and the 
     contractor.
       Implementation of this proposed sale will not require the 
     assignment of any additional U.S. Government or contractor 
     representatives to the UAE.
       There will be no adverse impact on U.S. defense readiness 
     as a result of this proposed sale.


                         Transmittal No. 22-32

     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 Terminal High Altitude Area Defense (THAAD) system 
     is the first weapons system with both endo- and exo-
     atmospheric capability specifically developed to defend 
     against ballistic missiles. The higher altitude and theater-
     wide protection offered by THAAD provides more protection of 
     larger areas than lower-tier systems alone. THAAD is designed 
     to defend against short, medium and intermediate range 
     ballistic missiles. The THAAD system consists of four major 
     components: Fire Control/Communications System (comprised of 
     the Tactical Operations Station, Launch Control Station, and 
     System Support Group), Radar, Launchers and Interceptors.
       2. The highest level of classification of defense articles, 
     components, and services included in this potential sale is 
     SECRET.
       3. 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.
       4. A determination has been made that the UAE 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.
       5. All defense articles and services listed in this 
     transmittal have been authorized for release and export to 
     the Government of the United Arab Emirates.

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