[Congressional Record (Bound Edition), Volume 162 (2016), Part 4]
[Senate]
[Pages 5015-5017]
[From the U.S. Government Publishing Office, www.gpo.gov]




                        ARMS SALES NOTIFICATION

  Mr. CORKER. 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, 
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,

                                                    Arlington, VA.
     Hon. Bob Corker,
     Chairman, Committee on Foreign Relations,
     U.S. Senate, Washington, DC.
       Dear Mr. Chairman: Pursuant to the reporting requirements 
     of Section 36(b)(5)(A) of the Arms Export Control Act (AECA), 
     as amended, we are forwarding Transmittal No. 0K-16. This 
     notification relates to enhancements or upgrades from the 
     level of sensitivity of technology or capability described in 
     the Section 36(b)(1) AECA certification 14-44 of 17 September 
     2014.
           Sincerely,
                                                       J.W. Rixey,
                                      Vice Admiral, USN, Director.
       Enclosures.


                         Transmittal No. 0K-16

     Report of Enhancement or Upgrade of Sensitivity of Technology 
         or Capability (Sec. 36(b)(5A), AECA)
       (i) Purchaser: Poland.
       (ii) Sec. 36(b)(1), AECA Transmittal No.: 14-44; Date: 17 
     September 2014; Military Department: Air Force.
       (iii) Description: On 17 September 2014, Congress was 
     notified by Congressional certification transmittal number 
     14-44 of the possible sale under Section 36(b)(1) of the Arms 
     Export Control Act of 40 AGM-158A Joint Air-to-Surface 
     Standoff Missiles (JASSM), 2 AGM-58A JASSM Live with Test 
     Instrumentation Kit (TIK) and Flight Termination Systems 
     (FTS), 2 AGM-158A JASSM Inert with TIK and FTS, and 2 Flight 
     Certification Test Vehicles. Also included: Operational 
     Flight Plan upgrade to M6.5 tape for the Polish F-16C/D Block 
     52 aircraft to include JASSM integration, missile containers, 
     spare and repair parts, support and test equipment, 
     publications and technical documentation, personnel training 
     and training equipment, U.S. Government and contractor 
     engineering, technical, and logistics support services, and 
     other related elements of logistical and program support. The 
     estimated total cost was $500 million. Major Defense 
     Equipment (MDE) constituted $270 million of this total.
       This transmittal reports the addition of twenty-eight (28) 
     AGM-158A Joint Air-to Surface Standoff Missiles (JASSM) to 
     the previously notified sale. Upon completion of contract 
     negotiations between the U.S. Government and the vendor, the 
     per-missile price was significantly lower than anticipated, 
     resulting in residual funds available to Poland. Poland 
     decided to use these funds to procure twenty-eight (28) 
     additional missiles. Increasing the quantity of missiles will 
     not result in a net increase in the value of MDE originally 
     notified. The total case value will remain $500 million.
       (iv) Significance: The proposed increase in quantity will 
     improve Poland's capacity to deter regional threats and to 
     strengthen its homeland defense as well as to strengthen its 
     air-to-ground strike capabilities.
       (v) Justification: The proposed sale will contribute to the 
     foreign policy and the national security objectives of the 
     United States by helping to improve the security of a NATO 
     ally. Poland continues to be an important force for political 
     stability and economic progress in Central Europe.
       (vi) Date Report Delivered to Congress: April 21, 2016.
                                                  Defense Security


                                           Cooperation Agency,

                                                    Arlington, VA.
     Hon. Bob Corker,
     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. 16-19, 
     concerning the Department of the Air Force's proposed 
     Letter(s) of Offer and Acceptance to the Government of 
     Australia for defense articles and services estimated to cost 
     $1.22 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,
                                                       J.W. Rixey,
                                      Vice Admiral, USN, Director.
       Enclosures.

[[Page 5016]]




                         Transmittal No. 16-19

     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 Australia.
       (ii) Total Estimated Value:
       Major Defense Equipment* $1.08 billion.
       Other $ .14 billion.
       Total $1.22 billion.
       (iii) Description and Quantity or Quantities of Articles or 
     Services under Consideration for Purchase:
       Major Defense Equipment (MDE):
       Up to 450 Advanced Medium-Range Air-to-Air Missiles (AIM-
     120D).
       Up to 34 AIM-120D Air Vehicles Instrumented (AAVI).
       Up to 6 Instrumented Test Vehicles (ITVs).
       Up to 10 spare AIM-120 Guidance Sections (GSs).
       Non-MDE: This request also includes the following Non-MDE: 
     containers, weapon system support equipment, support and test 
     equipment, site survey, transportation, repair and return 
     warranties, spare and repair parts, publications and 
     technical data, maintenance, personnel training, and training 
     equipment, U.S. Government and contractor representative 
     engineering, logistics, and technical support services, and 
     other related elements of logistics support.
       (iv) Military Department: Air Force (YLD).
       (v) Prior Related Cases, if any: AT-D-YKX-01 DEC 98, AT-D-
     YLB-06 OCT-11 AT-D-YLC-25 FEB-15
       (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 Provosed to be Sold: See Annex 
     attached.
       (viii) Date Report Delivered to Congress: April 21, 2016.
       *As defined in Section 47(6) of the Arms Export Control 
     Act.


                          POLICY JUSTIFICATION

     Australia--AIM-120D Advanced Medium-Range Air-to-Air Missiles

       The Government of Australia requested a possible sale of:
       Major Defense Equipment (MDE):
       Up to 450 Advanced Medium-Range Air-to-Air Missiles (AIM-
     120D).
       Up to 34 AIM-120D Air Vehicles Instrumented (AAVI).
       Up to 6 Instrumented Test Vehicles (ITVs).
       Up to 10 spare AIM-120 Guidance Sections (GSs).
       This request also includes the following Non-MDE: 
     containers, weapon system support equipment, support and test 
     equipment, site survey, transportation, repair and return 
     warranties, spare and repair parts, publications and 
     technical data, maintenance, personnel training, and training 
     equipment, U.S. Government and contractor representative 
     engineering, logistics, and technical support services, and 
     other related elements of logistics support.
       The total estimated value of MDE is $1.08 billion. The 
     total overall estimated value is $1.22 billion.
       This proposed sale will contribute to the foreign policy 
     and national security of the United States by helping to 
     improve the security of a strategic partner and major 
     contributor to political stability, security, and economic 
     development in the Pacific region and globally.
       This proposed sale is in support of the Royal Australian 
     Air Force's (RAAF) F/A-18, E/A-18G, and F-35 aircraft. This 
     proposed sale will provide the RAAF additional air-to-air 
     intercept capability and increase interoperability with the 
     U.S. Air Force. Australia will have no difficulty absorbing 
     these missiles into its armed forces.
       The proposed sale of this equipment will not alter the 
     basic military balance in the region.
       The principal contractor for production is Raytheon in 
     Tucson, Arizona. The principal contractor for integration is 
     unknown and will be determined during contract negotiations. 
     There are no known offset agreements proposed in connection 
     with this potential sale.
       Implementation of this sale will not require the assignment 
     of any additional U.S. or contractor representatives to 
     Australia.
       There will be no adverse impact on U.S. defense readiness 
     as a result of this proposed sale.


                         Transmittal No. 16-19

     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 AIM-120D AMRAAM hardware, including the missile 
     guidance section, is classified CONFIDENTIAL. State-of-the-
     art technology is used in the missile to provide it with 
     unique beyond-visual-range capability. The increase in 
     capability from the AIM-120C-7 to AIM-120D consists of a two-
     way data link, a more accurate navigation unit, improved 
     High-Angle Off-Boresight (HOBS) capability, and enhanced 
     aircraft to missile position handoff.
       2. AIM-120D features a target detection device with 
     embedded electronic countermeasures, an electronics unit 
     within the guidance section that performs all radar signal 
     processing, mid-course and terminal guidance, flight control, 
     target detection, and warhead burst point determination.
       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 recipient country 
     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 Australia.
                                  ____

                                                  Defense Security


                                           Cooperation Agency,

                                                    Arlington, VA.
     Hon. Bob Corker,
     Chairman, Committee on Foreign Relations,
     U.S. Senate, Washington, DC.
       Dear Mr. Chairman: Pursuant to the reporting requirements 
     of Section 36(b)(5)(A) of the Arms Export Control Act (AECA), 
     as amended, we are forwarding Transmittal No. 0E-16. This 
     report relates to enhancements or upgrades from the level of 
     sensitivity of technology or capability described in the 
     Section 36(b)(1) AECA certification 14-23 of 23 July 2014.
           Sincerely,

                                            Jennifer Zakriski,

                                    (For J.W. Rixey, Vice Admiral,
                                                   USN, Director).
       Enclosures.


                         transmittal no. 0e-16

     Report of Enhancement or Upgrade of Sensitivity of Technology 
         or Capability (Sec. 36(b)(5)(A), AECA)
       (i) Purchaser: Government of Tunisia.
       (ii) Sec. 36(b)(l), AECA Transmittal No.: 14-23; Date: 23 
     July 2014; Military Department: Army.
       (iii) Description: On 23 July 2014, Congress was notified 
     by Congressional Notification Transmittal Number 14-23, of 
     the possible sale under Section 36(b)(1) of the Arms Export 
     Control Act of twelve UH-60M Black Hawk aircraft as well as 
     spare and repair parts, weapon systems, configurations 
     updates, communications security equipment and radios, 
     integration studies, support equipment, aircraft ferry and 
     tanker support, repair and return, publications and technical 
     documentation, personnel training and training equipment, 
     U.S. Government and contractor engineering and logistics 
     personnel services, and other related elements of logistics 
     support. The estimated total cost was $700 million. Major 
     Defense Equipment (MDE) constituted $440 million of this 
     total.
       This transmittal reports the inclusion of eighteen (18) 
     sets of Embedded Global Positioning System/Inertial 
     Navigation System (GPS/INS) equipment as MDE. Although the 
     value of the GPS/INS was included in the total value of the 
     case, it was not enumerated or valued as MDE in the original 
     notification. Upgrading the status of this equipment to MDE 
     will increase the MDE cost by $7.5 million.
       Additionally, this transmittal reports the inclusion of two 
     (2) M36-E9 Captive Air Training Missiles (CATM) in the 
     weapons configuration (Hellfire training missiles) as MDE. 
     Although the value of the CATM was included in the total 
     value of the case, it was not enumerated or valued as MDE in 
     the original notification. Upgrading the status of this 
     equipment to MDE will increase the MDE cost by $105,000.
       Finally, this transmittal report designates the Advanced 
     Precision Kill Weapons System (APKWS) as the specific 
     Precision Guided Rocket System listed in the original 
     notification. It has now been determined that the APKWS will 
     be the Precision Guided Rocket System integrated into the 
     aircraft and will include 515 all up rounds. The APKWS all-up 
     rounds consist of guidance sections, MK66 MOD 4 2.75 inch 
     rocket motors, and M152 High Explosive (HE) warheads. The 
     value of the APKWS was included in the total case value of 
     the original notification but was not included in the MDE 
     cost. The inclusion of the APKWS as MDE will increase the MDE 
     cost by $17.5 million. The revised total MDE cost is $465.1 
     million. The total case value will remain $700 million.
       (iv) Significance: The GPS/INS provides highly accurate 
     all-altitude, all-weather navigation and timing information 
     to the UH-60M Black Hawk aircraft, allowing more precise 
     flight pattern and rendezvous. The CATM consists of a 
     functional guidance section coupled to an inert missile bus 
     and is used for flight training but cannot be launched. The 
     inclusion of APKWS rounds will improve Tunisia's capacity to 
     sustain security operations and strengthen its internal and 
     external defense capabilities and increase its ability to 
     carry out operations against terrorist forces while 
     significantly reducing risk to civilians.
       (v) Justification: The United States is committed to the 
     security of Tunisia, and it is vital to U.S. national 
     interests to assist Tunisia to develop and maintain a strong

[[Page 5017]]

     and ready self-defense capability. This upgrade to a 
     previously approved sale will further enhance Tunisia's 
     interoperability with the U.S. Army.
       (vi) Date Report Delivered to Congress: April 21, 2016.


                         transmittal no. 0e-16

     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 CATM consists of a functional guidance section 
     coupled to an inert missile bus and is used for flight 
     training but cannot be launched. The missile has an 
     operational semi-active laser seeker that can search for and 
     lock-on to laser-designated targets. It functions like a 
     tactical missile (without launch capability) during captive 
     carry on the aircraft, making it suitable for training the 
     aircrew in simulated Hellfire missile target acquisition and 
     lock. The Sensitive Technology is contained within the 
     operational semi-active laser seeker. The highest level for 
     release of the M36-E9 CATM is SECRET, based upon the semi-
     active seeker. Reverse engineering could reveal CONFIDENTIAL 
     information. Vulnerability data, countermeasures, 
     vulnerability/susceptibility analyses, and threat definitions 
     are classified SECRET or CONFIDENTIAL.
       2. The APKWS II All-Up-Round (AUR) is an air-to-ground 
     weapon that consists of an APKWS II Guidance Section (GS), 
     legacy 2.75-inch MK66 Mod 4 rocket motor and legacy MK152 and 
     MK435/436 warhead/fuze. The APKWS is a tactical rocket system 
     that can be launched from several platforms, offering multi-
     mission, multi-target capability and precision-strike 
     lethality. These guided rockets are steered to the target by 
     following reflected laser beam energy directed onto the 
     target either by the launching aircraft, a second aircraft, 
     or ground-based troops operating a laser designator. Hardware 
     is Unclassified; information related to performance, 
     effectiveness, vulnerabilities and counter-measure is 
     classified up to 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 system effectiveness or be used in the 
     development of a system with similar or advanced 
     capabilities.
       4. A determination has been made that the recipient country 
     can provide 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 Tunisia.
                                  ____

                                                  Defense Security


                                           Cooperation Agency,

                                                    Arlington, VA.
     Hon. Bob Corker.
     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. 16-07, 
     concerning the Department of the Navy's proposed Letter(s) of 
     Offer and Acceptance to Qatar for defense articles and 
     services estimated to cost $260 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,
                                                       J.W. Rixey,
                                      Vice Admiral, USN, Director.
       Enclosures.


                         transmittal no. 16-07

     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 Qatar.
       (ii) Total Estimated Value:
       Major Defense Equipment* $227 million.
       Other $33 million.
       Total $260 million.
       (iii) Description and Quantity or Quantities of Articles or 
     Services under Consideration for Purchase:
       Major Defense Equipment (MDE):
       Two-hundred and fifty-two (252) RIM 116C-2 Rolling Airframe 
     Tactical Missiles.
       Two (2) RIM 116C-2 Rolling Airframe Telemetry Missiles.
       Also included are the following non-MDE items; support 
     equipment, publications, technical documentation, personnel 
     training, U.S. Government and contractor engineering, 
     technical and logistics support services, live fire test 
     event support, and other related integration elements. The 
     estimated cost is $260 million.
       (iv) Military Department: U.S. Navy (AAD).
       (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 Delivered to Congress: April 21, 2016.
       *As defined in Section 47(6) of the Arms Export Control 
     Act.


                          policy justification

        Qatar--RIM-116C and RIM-116C-2 Rolling Airframe Missiles

       The Government of Qatar has requested a possible sale of 
     two-hundred and fifty-two (252) RIM-116C Rolling Airframe 
     Tactical Missiles, and two (2) RIM 116C-2 Rolling Airframe 
     Telemetry Missiles. Also included are support equipment, 
     publications and technical documentation, personnel training, 
     U.S. Government and contractor engineering, technical and 
     logistics support services, live fire test event support, and 
     other related integration elements. The total estimated value 
     of MDE is $227 million. The overall total estimated value is 
     $260 million.
       This proposed sale contributes to the foreign policy and 
     national security of the United States by helping to improve 
     the security of a friendly country. Qatar is an important 
     force for political stability and economic progress in the 
     Persian Gulf region. This proposed sale will provide Qatar 
     with military capabilities to protect its naval forces and 
     nearby oil/gas infrastructure from air and missile threats. 
     Qatar will have no difficulty absorbing these missiles into 
     its armed forces.
       The proposed sale of this equipment, services, and support 
     will not alter the basic military balance in the region.
       The principal contractor will be Raytheon Missile Systems 
     in Tucson, Arizona. There are no known offset agreements 
     proposed in connection with this potential sale.
       Implementation of this proposed sale will require multiple 
     trips by U.S. Government and contractor representatives to 
     participate in program and technical reviews, system 
     integration, as well as training and maintenance support in 
     country for a period of thirty-six (36) months.
       There will be no adverse impact on U.S. defense readiness 
     as a result of this proposed sale.


                         transmittal no. 16-07

     Notice of Proposed Issuance of Letter of Offer Pursuant to 
         Section 36(b)(1) of the Arms Export Control Act, as 
         amended

                           Annex Item No. vii

       (vii) Sensitivity of Technology:
       The RIM-116C Rolling Airframe Missile is an autonomous 
     (i.e., ``fire and forget'') lightweight, supersonic, surface-
     to-air tactical missile for ship self-defense against current 
     and evolving anti-ship cruise missile threats. Advanced 
     technology in the RIM-116C includes dual-mode RF/IR (radio 
     frequency/infrared) guidance with IR all-the-way capability 
     for non-emitting threats. The highest classification of the 
     hardware, embedded software, and maintenance is CONFIDENTIAL. 
     The RIM-116C-2 is a non-tactical telemetry round, used 
     primarily for test and training purposes; it includes an 
     unclassified telemeter which replaces the warhead section. 
     The data set, generated by R1114-116C-2 is UNCLASSIFIED.
       The Rolling Airframe Missile (RAM) is a product of a 
     cooperative program with Germany and has been executed, since 
     1976, under a series of governing Memoranda of Understanding/
     Memoranda of Agreements (MOU/MOAs) for the development, 
     production, and in-service support between the United States 
     and Germany.
       A determination has been made that the Government of Qatar 
     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 U.S. 
     foreign policy and national security objectives outlined in 
     the Policy Justification.
       All defense articles and services listed in this 
     transmittal have been authorized for release and export to 
     the Government of Qatar.

                          ____________________