[Congressional Record Volume 169, Number 58 (Thursday, March 30, 2023)]
[Senate]
[Pages S1083-S1084]
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,
Washington, DC.
Hon. Kevin McCarthy,
Speaker of the House,
House of Representatives, Washington, DC.
Dear Mr. Speaker: Pursuant to the reporting requirements of
Section 36(b)(1) of the Arms Export Control Act, as amended,
we are forwarding herewith Transmittal No. 23-04, concerning
the Navy's proposed Letter(s) of Offer and Acceptance to the
Government of Kuwait for defense articles and services
estimated to cost $59.1 million. We will issue a news release
to notify the public of this proposed sale upon delivery of
this letter to your office.
Sincerely,
James A. Hursch,
Director.
Enclosures.
____
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. 23-04,
concerning the Navy's proposed Letter(s) of Offer and
Acceptance to the Government of Kuwait for defense articles
and services estimated to cost $59.1 million. We will issue a
news release to notify the public of this proposed sale upon
delivery of this letter to your office.
Sincerely,
James A. Hursch,
Director.
Enclosures.
____
Defense Security
Cooperation Agency,
Washington, DC.
Hon. Michael McCaul,
Chairman, Committee on Foreign Affairs,
House of Representatives, 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. 23-04,
concerning the Navy's proposed Letter(s) of Offer and
Acceptance to the Government of Kuwait for defense articles
and services estimated to cost $59.1 million. We will issue a
news release to notify the public of this proposed sale upon
delivery of this letter to your office.
Sincerely,
James A. Hursch,
Director.
Enclosures.
Transmittal No. 23-04
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 Kuwait.
(ii) Total Estimated Value:
Major Defense Equipment * $0 million.
Other $59.1 million.
Total $59.1 million.
Funding Source: National Funds.
(iii) Description and Quantity or Quantities of Articles or
Services Under Consideration for Purchase: Foreign Military
Sales (FMS) case KU-P-PAK, was below congressional
notification threshold at $48.2 million (all non-MDE) and
included Cartridge Actuated Device/Propellant Actuated Device
(CAD/PAD) items and support for Calendar Years 2025-2026
(CY25-CY26).
Major Defense Equipment (MDE):
None.
Non-MDE: The Government of Kuwait has requested the case be
amended to include additional CAD/PAD items and support for
the Hornet, Super Hornet and KC-130 aircraft fleet. This
amendment will push the current case above the non-MDE
notification threshold and thus requires notification of the
entire case. CAD/PAD items and support; engineering,
technical, and program support; and other related elements of
logistics.
(iii) Military Department: Navy (KU-P-PAK).
(iv) Prior Related Cases, if any: KU-P-PAG, KU-P-PAH.
(v) Sales Commission, Fee, etc., Paid, Offered, or Agreed
to be Paid: None.
(vi) Sensitivity of Technology Contained in the Defense
Article or Defense Services Proposed to be Sold: See Attached
Annex.
(vii) Date Report Delivered to Congress: March 29, 2023.
* As defined in Section 47(6) of the Arms Export Control
Act.
[[Page S1084]]
POLICY JUSTIFICATION
Kuwait--Cartridge Actuated Device/Propellant Actuated Devices (CAD/PAD)
and Support
The Government of Kuwait has requested to buy additional
Cartridge Actuated Device/Propellant Actuated Devices (CAD/
PAD) and support that will be added to a previously
implemented case that was under Congressional notification
threshold. The original FMS case, valued at $48.2 million,
included CAD/PAD items and support for Calendar Years 2025-
2026 (CY25-CY26). This notification is for CAD/PAD items and
support of Kuwait's F/A-18 and KC-130/J aircraft fleet. Also
included is engineering, technical, and program support and
other related elements of logistics and program support. The
total estimated cost is $59.1 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 Major Non-NATO ally that has
been an important force for political stability and economic
progress in the Middle East.
The proposed sale will provide Kuwait with the equipment
and sustainment support necessary to maintain its air defense
capacity to defend its territorial integrity and to meet its
national defense requirements. Kuwait 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 principal contractors are currently unknown, as there
will be competitive contract solicitations after FMS case
implementation. There are no known offset agreements proposed
in connection with this potential sale.
Implementation of this sale will not require the assignment
of any U.S. Government or contractor representatives to
Kuwait.
There will be no adverse impact on U.S. defense readiness
as a result of this proposed sale.
Transmittal No. 23-04
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. Cartridge Actuated Device/Propellant Actuated Device
(CAD/PADs) are the explosive devices installed within the
aircraft escape and safety systems to save lives during
emergencies. CAD/PAD are also used to power the aircraft
systems that deploy weapons and jettison equipment.
2. The highest level of classification of defense articles,
components, and services included in this potential sale is
UNCLASSIFIED.
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 Government of
Kuwait 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 are authorized for release and export to the
Government of Kuwait.
____________________