[Congressional Record Volume 169, Number 105 (Thursday, June 15, 2023)]
[Senate]
[Pages S2119-S2120]
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:
[[Page S2120]]
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. 23-36,
concerning the Army's proposed Letter(s) of Offer and
Acceptance to the Government of Spain for defense articles
and services estimated to cost $48.2 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. 23-36
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 Spain.
(ii) Total Estimated Value:
Major Defense Equipment * $32.8 million.
Other $15.4 million.
Total $48.2 million.
(iii) Description and Quantity or Quantities of Articles or
Services under Consideration for Purchase: Foreign Military
Sales (FMS) case SP-B-WAT was below congressional
notification threshold at $21.87 million ($12.20 million in
MDE) and included one hundred eighteen (118) M982A1 Excalibur
tactical projectiles. The Government of Spain has requested
that the case be amended to include an additional one hundred
fifty-three (153) M982A1 Excalibur tactical projectiles. This
amendment will push the current case above the MDE
notification threshold and thus requires notification of the
entire case.
Major Defense Equipment (MDE): Two hundred seventy-one
(271) M982A1 Excalibur Tactical Projectiles.
Non-MDE: Also included is a portable electronic Fire
Control System (FCS); Improved Platform Integration Kit;
Propelling Charge Modular Artillery Charge System; Simple Key
Loaders (SKL); crypto cable; training aids; technical data;
U.S. Government technical assistance; transportation;
Excalibur spare parts; artillery cleaning sections; new
equipment training; repair and return support equipment;
support related to collateral damage estimation tables; and
other related elements of logistics and program support.
(iv) Military Department: Army (SP-B-WAT).
(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: See Attached
Annex.
(viii) Date Report Delivered to Congress: June 14, 2023.
* As defined in Section 47(6) of the Arms Export Control
Act.
POLICY JUSTIFICATION
Spain--Excalibur Projectiles
The Government of Spain has requested to buy an additional
one hundred fifty-three (153) M982A1 Excalibur tactical
projectiles that will be added to a previously implemented
case whose value was under the congressional notification
threshold. The original FMS case, valued at $21.87 million,
included one hundred eighteen (118) M982A1 Excalibur tactical
projectiles. This notification is for a combined total of two
hundred seventy-one (271) M982A1 Excalibur tactical
projectiles. Also included is a portable electronic Fire
Control System (FCS); Improved Platform Integration Kit;
Propelling Charge Modular Artillery Charge System; Simple Key
Loaders (SKL); crypto cable; training aids; technical data;
U.S. Government technical assistance; transportation;
Excalibur spare parts; artillery cleaning sections; new
equipment training; repair and return support equipment;
support related to collateral damage estimation tables; and
other related elements of logistics and program support. The
total estimated cost is $48.2 million.
This proposed sale will support the foreign policy and
national security of the United States by improving the
security of a NATO ally which is an important force for
political stability and economic progress in Europe.
The proposed sale will improve Spain's capability to meet
current and future threats and will enhance interoperability
with U.S. forces and other allied forces. The enhanced
capability will also strengthen its homeland defense. Spain
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 contractor will be Raytheon Company Missile
Systems, McAlester, OK. 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
Spain.
There will be no adverse impact on U.S. defense readiness
because of this proposed sale.
Transmittal No. 23-36
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 M982A1 Excalibur 155 mm, High Explosive Projectile
is an all up projectile with Global Positioning System (GPS)-
aided precision guidance capability. The Excalibur provides
the ability to accurately engage targets at distances up to
25 miles. Excalibur is commonly fired from U.S. Army and
Marine Corps towed and self-propelled howitzer systems,
including the M777 and M109.
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 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 Spain 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 Spain.
____________________