[Congressional Record Volume 169, Number 102 (Monday, June 12, 2023)]
[Senate]
[Page S2046]
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. 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. 23-27, 
     concerning the Navy's proposed Letter(s) of Offer and 
     Acceptance to the Government of the Netherlands for defense 
     articles and services estimated to cost $110 million. We will 
     issue a news release to notify the public of this proposed 
     sale upon delivery of this letter to your office.
           Sincerely,
                                                       Mike Miller
                                  (For James A. Hursch, Director).
       Enclosures.


                         Transmittal No. 23-27

     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 Netherlands.
       (ii) Total Estimated Value:
       Major Defense Equipment * $75 million.
       Other $35 million
       Total $110 million.
       Funding Source: National Funds.
       (iii) Description and Quantity or Quantities of Articles or 
     Services under Consideration for Purchase:
       Major Defense Equipment (MDE):
       Up to eight (8) eight-cell MK 41 Vertical Launching Systems 
     (VLS) Baseline (B/L) VII Strike Length Launcher Modules 
     (either system or standalone)
       Non-MDE: Also included are spare parts; handling equipment; 
     transportation test and support equipment; software; 
     engineering/technical assistance; personnel training and 
     training equipment; documentation, publications, and 
     technical data; U.S. Government and contractor technical 
     assistance; and other related elements of logistics and 
     program support.
       (iv) Military Department: Navy (NE-P-LIG).
       (v) Prior Related Cases, if any: NE-P-LFN, NE-P-LAB.
       (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: June 2, 2023.
       * As defined in Section 47(6) of the Arms Export Control 
     Act.


                          POLICY JUSTIFICATION

           Netherlands--MK 41 Vertical Launching System (VLS)

       The Government of the Netherlands has requested to buy up 
     to eight (8) eight-cell MK 41 Vertical Launching Systems 
     (VLS) Baseline (B/L) VII Strike Length Launcher Modules 
     (either system or standalone). Also included are spare parts; 
     handling equipment; transportation test and support 
     equipment; software; engineering/technical assistance; 
     personnel training and training equipment; documentation, 
     publications, and technical data; U.S. Government and 
     contractor technical assistance; and other related elements 
     of logistics and program support. The total estimated program 
     cost is $110 million.
       This proposed sale will support the foreign policy and 
     national security objectives of the United States by 
     improving the security of a NATO ally that is an important 
     force for political stability and economic progress in 
     Europe. It is vital to the U.S. national interest to assist 
     the Netherlands in developing and maintaining a strong and 
     ready self-defense capability.
       The proposed sale will provide a defensive capability for 
     the Netherlands while enhancing interoperability with U.S. 
     and other allied forces. The Royal Netherlands Navy intends 
     to use the MK 41 VLS BIL VII strike length launcher modules 
     for their new ship class. These modules are intended for ESSM 
     BLK1 and SM-2 capabilities in support of ongoing and emergent 
     operational needs. The Netherlands, has previously purchased 
     MK 41 VLS capability and actively uses it on their current 
     ship classes. The Netherlands will have no difficulty 
     absorbing this equipment and support 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 Corporation, 
     Bethesda, MD. There are no known offset agreements proposed 
     in connection with this potential sale.
       Implementation of the proposed sale will not require the 
     assignment of any additional U.S. Government or contractor 
     representatives to the Netherlands. However, U.S. Government 
     or contractor personnel in-country visits will be required on 
     a temporary basis in conjunction with program technical 
     oversight and support requirements.
       There will be no adverse impact on U.S. defense readiness 
     as a result of this proposed sale.


                         Transmittal No. 23-27

     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 MK 41 Vertical Launch System (VLS) is a fixed, 
     vertical, multi-missile launching system with the capability 
     to store and launch multiple missile variants depending on 
     the warfighting mission, including the Evolved Sea Sparrow 
     Missile (ESSM), Standard Missile (SM), and Tomahawk Cruise 
     Missiles. This proposed sale would provide tactical VLS 
     capability for the ESSM and SM. The MK 41 VLS is a modular 
     below-deck configuration with each module consisting of 8 
     missile cells with an associated gas management and deluge 
     system.
       2. The highest level of classification of defense articles, 
     components, and services included in this potential sale, is 
     CONFIDENTIAL.
       3. 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.
       4. A determination has been made that the Netherlands 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 the Netherlands.

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