[Congressional Record (Bound Edition), Volume 163 (2017), Part 2]
[Senate]
[Pages 1601-1603]
[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, 
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 1602]]

                                                  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. 16-83, 
     concerning the Department of the Air Force's proposed 
     Letter(s) of Offer and Acceptance to the Republic of Korea 
     for defense articles and services estimated to cost $70 
     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. 16-83

     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: Republic of Korea.
       (ii) Total Estimated Value:
       Major Defense Equipment* $66 million.
       Other $4 million.
       Total $70 million.
       (iii) Description and Quantity or Quantities of Articles or 
     Services under Consideration for Purchase:
       Major Defense Equipment (MDE):
       Eighty-nine (89) AGM-65G-2 Maverick Missiles.
       Non-MDE includes:
       Missile containers and other related elements of support.
       (iv) Military Department: Air Force (KS-D-YHF).
       (v) Prior Related Cases, if any: FMS Case KS-D-YAF-
     $22.55M--14 Mar 12.
       (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 Annex 
     attached,
       (viii) Date Report Delivered to Congress: January 31, 2017.
       *As defined in Section 47(6) of the Arms Export Control 
     Act.


                          policy justification

             Republic of Korea--AGM-65G-2 Maverick Missiles

       The Government of the Republic of Korea (ROK) has requested 
     the potential sale of eighty-nine (89) AGM-65G-2 Maverick 
     missiles, missile containers and other related elements of 
     support. The total estimated program cost is $70 million.
       This proposed sale contributes to the foreign policy and 
     national security of the United States. The ROK is one of the 
     major political and economic powers in East Asia and the 
     Western Pacific and a key partner of the United States in 
     ensuring peace and stability in the region. It is vital to 
     U.S. national interests to assist our Korean ally in 
     developing and maintaining a strong and ready self-defense 
     capability. This sale increases the ROK's capability to 
     participate in Pacific regional security operations and 
     improves its national security posture as a key U.S. ally.
       The proposed sale will improve the ROK's capability to meet 
     current and future threats. The ROK will use the enhanced 
     capability as a deterrent to regional threats and to 
     strengthen its homeland defense. The ROK, which already has 
     AGM-65G missiles in its inventory, will have no difficulty 
     absorbing these additional missiles.
       The proposed sale of this equipment and support does not 
     affect the basic military balance in the region.
       The principal contractor is Raytheon, Tucson, AZ. At this 
     time, there are no known offset agreements proposed in 
     connection with this potential sale.
       Implementation of this proposed sale will not require the 
     assignment of any additional U.S. Government or contractor 
     representatives to the Republic of Korea.
       There is no adverse impact on U.S. defense readiness as a 
     result of this proposed sale.


                         transmittal no. 16-83

     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 AGM-65G-2 Maverick is an air-to-ground close air 
     support missile with a lock on before launch day or night 
     capability. The G model has an imaging infrared (IIR) 
     guidance system. The infrared Maverick G can track heat 
     generated by a target and provides the pilot a pictorial 
     display of the target during darkness and hazy or inclement 
     weather. The warhead on the Maverick G is a heavyweight 
     penetrator warhead. Maverick hardware is UNCLASSIFIED. 
     Performance and operating logic of the countermeasures 
     circuits are SECRET. Overall system classification is SECRET.
       2. If a technologically advanced adversary were to obtain 
     knowledge of the specific hardware and software elements, the 
     information could be used to develop countermeasures or 
     equivalent systems which might reduce weapon effectiveness or 
     be used in the development of a system with similar or 
     advanced capabilities.
       3. This sale is necessary to further the U.S. foreign 
     policy and national security objectives outlined in the 
     Policy Justification. Moreover, the benefits derived from 
     this sale, as outlined in the Policy Justification, outweigh 
     the potential damage that could result if the sensitive 
     technology were revealed to unauthorized persons.
       4. All defense articles and services listed in this 
     transmittal have been authorized for release and export to 
     the Republic of Korea.

                                                  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. 16-85, 
     concerning the Department of the Navy's proposed Letter(s) of 
     Offer and Acceptance to the Republic of Korea for defense 
     articles and services estimated to cost $70 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. 16-85

     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: Republic of Korea.
       (ii) Total Estimated Value:
       Major Defense Equipment* $60 million.
       Other $10 million.
       Total $70 million.
       (iii) Description and Quantity or Quantities of Articles or 
     Services under Consideration for Purchase:
       Major Defense Equipment (MDE):
       Sixty (60) AIM-9X-2 Sidewinder Block II All-Up-Round 
     Missiles.
       Six (6) AIM-9X-2 Block II Tactical Guidance Units.
       Non-MDE include:
       Containers, spares and missile support, U.S. government and 
     contractor technical assistance, and other related elements 
     of logistics support.
       (iv) Military Department: Navy (KS-P-AMA).
       (v) Prior Related Cases, if any: FMS Case KS-P-AKR, KS-P-
     AKZ.
       (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 Annex 
     Attached.
       (viii) Date Report Delivered to Congress: January 31, 2017.
       *As defined in Section 47(6) of the Arms Export Control 
     Act.


                          POLICY JUSTIFICATION

            Republic of Korea--AIM-9X-2 Sidewinder Missiles

       The Government of the Republic of Korea (ROK) has requested 
     a possible sale of sixty (60) AIM-9X-2 Sidewinder Block II 
     All-up-Round Missiles and six (6) AIM-9X-2 Block II Tactical 
     Guidance Units, containers, spares and missile support, U.S. 
     Government and contractor technical assistance, and other 
     related elements of logistics support. The estimated cost is 
     $70 million.
       This proposed sale contributes to the foreign policy and 
     national security of the United States. The ROK is one of the 
     major political and economic powers in East Asia and the 
     Western Pacific and a key partner of the United States in 
     ensuring peace and stability in the region. It is vital to 
     U.S. national interests to assist our Korean ally in 
     developing and maintaining a strong and ready self-defense 
     capability. This sale increases the ROK's capability to 
     participate in Pacific regional security operations and 
     improves its national security posture as a key U.S. ally.
       The ROK intends to use the AIM-9X-2 Sidewinder Block II 
     missiles to supplement its existing inventory of AIM-9X-2 
     Block II missiles. The ROK will use the enhanced capability 
     as a deterrent to regional threats and to strengthen its 
     homeland defense. The ROK will have no difficulty absorbing 
     these additional missiles into its armed forces.
       The proposed sale of this equipment and support does not 
     affect the basic military balance in the region.
       The principal contractor is Raytheon Missile Systems 
     Company, Tucson, AZ. At this time, there are no known offset 
     agreements proposed in connection with this potential sale.
       Implementation of this proposed sale will not require the 
     assignment of any additional U.S. Government or contractor 
     representatives to the Republic of Korea. 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.

[[Page 1603]]




                         Transmittal No. 16-85

  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-9X-2 Block II Sidewinder Missile represents a 
     substantial increase in missile acquisition and kinematics 
     performance over the AIM-9M and replaces the AIM-9X Block I 
     Missile configuration. The missile includes a high off-bore 
     sight seeker, enhanced countermeasures rejection capability, 
     low drag/high angle of attack airframe and the ability to 
     integrate the Helmet Mounted Cueing System. The software 
     algorithms are the most sensitive portion of the AIM-9X-2 
     missile. The software continues to be modified via a pre-
     planned production improvement (P31) program in order to 
     improve its counter-countermeasure capabilities. No software 
     source code or algorithms will be released. The missile is 
     classified as CONFIDENTIAL.
       2. The AIM-9X-2 will result in the transfer of sensitive 
     technology and information. The equipment, hardware, and 
     documentation are classified CONFIDENTIAL. The software and 
     operation performance are classified SECRET. The seeker/
     guidance control section and the target detector are 
     CONFIDENTIAL and contain sensitive state-of-the-art 
     technology. Manuals and technical documentation that are 
     necessary for support operational use and organizational 
     management are classified to SECRET. Performance and 
     operating logic of the counter-measures circuits are 
     classified SECRET. The hardware, software, and data 
     identified are classified to protect vulnerabilities, design 
     and performance parameters and similar critical information.
       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 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 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 Republic of Korea.

                          ____________________