[Congressional Record Volume 168, Number 176 (Tuesday, November 15, 2022)]
[Senate]
[Pages S6686-S6687]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                        ARMS SALES NOTIFICATION

  Mr. MENENDEZ. Madam 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 S6687]]


                                                  Defense Security


                                           Cooperation Agency,

                                                   Washington, DC.
     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. 22-69, 
     concerning the Army's proposed Letter(s) of Offer and 
     Acceptance to the Government of Switzerland for defense 
     articles and services estimated to cost $700 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,
                                                     Aaron Harding
                                  (For James A. Hursch, Director).
       Enclosures.


                         Transmittal No. 22-69

     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 * $600 million.
       Other $100 million.
       Total $700 million.
       (iii) Description and Quantity or Quantities of Articles or 
     Services under Consideration for Purchase:
       Major Defense Equipment:
       Up to seventy-two (72) PATRIOT Advanced Capability (PAC) 3 
     Missile Segment Enhanced (MSE) Missiles.
       Non-MDE: Also included are telemetry kits; PAC-3 MSE 
     missile round trainers; PAC-3 MSE empty round trainers; PAC-3 
     missile skid kits; launcher stations heater controls; 
     classified missile repair and return; classified PAC-3 
     concurrent spare parts; unclassified PAC-3 concurrent spare 
     parts; PAC-3 MSE canister consumables; quality assurance; 
     Field Surveillance Program; U.S. Government and contractor 
     technical, engineering, and logistics technical assistance; 
     flight test support; flight test targets; and other related 
     elements of logistics and program support.
       (iv) Military Department: Army (SZ-B-UCA).
       (v) Prior Related Cases, if any: SZ-B-UAS.
       (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: November 15, 
     2022.
       * As defined in Section 47(6) of the Arms Export Control 
     Act.


                          POLICY JUSTIFICATION

   Switzerland--PATRIOT Advanced Capability (PAC) 3 Missile Segment 
                        Enhanced (MSE) Missiles

       The Government of Switzerland has requested to buy up to 
     seventy-two (72) PATRIOT Advanced Capability (PAC) 3 Missile 
     Segment Enhanced (MSE) missiles. Also included are telemetry 
     kits; PAC-3 MSE missile round trainers; PAC-3 MSE empty round 
     trainers; PAC-3 missile skid kits; launcher stations heater 
     controls; classified missile repair and return; classified 
     PAC-3 concurrent spare parts; unclassified PAC-3 concurrent 
     spare parts; PAC-3 MSE canister consumables; quality 
     assurance; Field Surveillance Program; U.S. Government and 
     contractor technical, engineering, and logistics technical 
     assistance; flight test support; flight test targets; and 
     other related elements of logistics and program support. The 
     total estimated cost is $700 million.
       This proposed sale will support the foreign policy and 
     national security objectives of the United States by helping 
     to improve the security of a friendly European nation that 
     continues to be an important force for political stability 
     and economic progress within Europe.
       The proposed sale of the PAC-3 MSE missiles will enhance 
     the capability of Switzerland's PATRIOT missile defense 
     system. Switzerland will use the PATRIOT system and missiles 
     to defend its territorial integrity and for regional 
     stability. The proposed sale supports Switzerland's goal of 
     improving national and territorial defense as well as 
     interoperability with U.S. and NATO forces. 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 contractor will be 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 five (5) U.S. Government and five (5) 
     contractor representatives to travel to Switzerland for an 
     extended period for equipment de-processing/fielding, 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. 22-69

     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 Advanced Capability (PAC) 3 Missile Segment 
     Enhanced missile is a small, highly agile, kinetic kill 
     interceptor for defense against tactical ballistic missiles, 
     cruise missiles and air-breathing threats. The MSE variant of 
     the PAC-3 missile represents the next generation in hit-to-
     kill interceptors and provides expanded battlespace against 
     evolving threats. The PAC-3 MSE improves upon the original 
     PAC-3 capability with a higher performance solid rocket 
     motor, modified lethality enhancer, more responsible control 
     surfaces, upgraded guidance software, and insensitive 
     munitions improvements.
       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 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.
       5. 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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