81 FR 28832 - 36(b)(1) Arms Sales Notification

DEPARTMENT OF DEFENSE
Office of the Secretary

Federal Register Volume 81, Issue 90 (May 10, 2016)

The Department of Defense is publishing the unclassified text of a section 36(b)(1) arms sales notification. This is published to fulfill the requirements of section 155 of Public Law 104-164 dated July 21, 1996.

[Federal Register Volume 81, Number 90 (Tuesday, May 10, 2016)]
[Notices]
[Pages 28832-28835]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-10910]


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DEPARTMENT OF DEFENSE

Office of the Secretary

[Transmittal No. 16-28]


36(b)(1) Arms Sales Notification

AGENCY: Department of Defense, Defense Security Cooperation Agency.

ACTION: Notice.

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SUMMARY: The Department of Defense is publishing the unclassified text 
of a section 36(b)(1) arms sales notification. This is published to 
fulfill the requirements of section 155 of Public Law 104-164 dated 
July 21, 1996.

FOR FURTHER INFORMATION CONTACT: Heather N. Harwell, DSCA/LMO, (703) 
697-9217.
    The following is a copy of a letter to the Speaker of the House of 
Representatives, Transmittal 16-28 with attached Policy Justification 
and Sensitivity of Technology.

    Dated: May 4, 2016.
Aaron Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.

[[Page 28833]]

[GRAPHIC] [TIFF OMITTED] TN10MY16.002

Transmittal No. 16-28
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 Tunisia
    (ii) Total Estimated Value:

Major Defense Equipment*................  $44.3 million
Other...................................  $56.5 million
                                         -------------------------------
  TOTAL.................................  $100.8 million
 

    (iii) Description and Quantity or Quantities of Articles or 
Services under Consideration for Purchase:
    Major Defense Equipment (MDE):

Twenty-five (25) Embedded GPS/Inertial (EGI) Navigation Systems (INS)
Twenty-four (24) AN/AAR-57 Common Missile Warning Systems (CMWS)
Ten (10) AGM-114R Hellfire Missiles
Eighty-two (82) Advanced Precision Kill Weapon System (APKWS) Rounds

    Non-MDE:
    This request includes the following Non-MDE:
    To be installed on each of the twenty-four (24) EDA OH-58D 
aircraft: one (1) SHP Rolls-Royce 250-C30R/3 Engine, one (1) AN/ARC-164 
UHF Radio, one (1) AN/ARC-186 VHF Radio, one (1) PC-DTS-V Data 
Recorder, two (2) AN/ARC-201D Radios, one (1) AN/APX-118 IFF 
Transponder, one (1) AN/APR-39A(V)1/4 Radar Signal Detecting Set, one 
(1) AN/AVR-2B Laser Warning Receiver, one (1) M134 DH Mini-Gun,

[[Page 28834]]

one (1) M3P Aircraft Gun System, and two (2) M260 Rocket Launchers.
    This request also includes: fifty (50) AN/AVS-6 Night Vision 
Goggles (NVGs), five-hundred thousand (500,000) 12.7mm rounds for the 
M3P Gun System, 2.3 million 7.62mm rounds for the M134DH Mini-Gun, the 
A965M1 Decoy Chaff Cartridges, M211 and M212 Advance Infrared 
Countermeasures Munition flares, eighty-two (82) MK66 MOD 4 2.75 rocket 
motors and eighty-two (82) M152 High Explosive (HE) warheads to support 
the APKWS, one (1) EGI for the Combined Armament Avionics Electrical 
Trainers, six (6) M279A1 Hellfire Launchers, associated test and 
support equipment, technical support, the Army's Non-Standard Rotary 
Wing Aviation Program Manager's Office (NSRWA PMO) technical support, 
Security Assistance Management Directorate's (SAMD) program technical 
support, additional contractor support, Peculiar Ground Support 
Equipment (PGSE), Post Production Support Services (PPSS), Government 
Furnished Equipment (GFE), Retrofit Service Notice (RSN), Repair and 
Return (R&R), communication and navigation equipment, aircraft 
survivability equipment, displays, flyable storage, transportation of 
aircraft, publications, and training.
    (iv) Military Department: Army (IBD)
    (v) Prior Related Cases, if any: TU-B-USS-12 JAN 15-$405M
    (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: 03 May 2016
    * as defined in Section 47(6) of the Arms Export Control Act.

POLICY JUSTIFICATION

Tunisia--OH-58D Kiowa Warrior Aircraft Equipment and Support:

    The Government of Tunisia has requested a possible sale of:
    Major Defense Equipment (MDE):
Twenty-five (25) Embedded GPS/Inertial (EGI) Navigation Systems (INS)
Twenty-four (24) AN/AAR-57 Common Missile Warning Systems (CMWS)
Ten (10) AGM-114R Hellfire Missiles
Eighty-two (82) Advanced Precision Kill Weapon System (APKWS) Rounds

    This request includes the following Non-MDE:
    To be installed on each of the twenty-four (24) EDA OH-58D 
aircraft: one (1) SHP Rolls-Royce 250-C30R/3 Engine, one (1) AN/ARC-164 
UHF Radio, one (1) AN/ARC-186 VHF Radio, one (1) PC-DTS-V Data 
Recorder, two (2) AN/ARC-201D Radios, one (1) AN/APX-118 IFF 
Transponder, one (1) AN/APR-39A(V)1/4 Radar Signal Detecting Set, one 
(1) AN/AVR-2B Laser Warning Receiver, one (1) M134 DH Mini-Gun, one (1) 
M3P Aircraft Gun System, and two (2) M260 Rocket Launchers.
    This request also includes: fifty (50) AN/AVS-6 Night Vision 
Goggles (NVGs), five-hundred thousand (500,000) 12.7mm rounds for the 
M3P Gun System, 2.3 million 7.62mm rounds for the M134DH Mini-Gun, the 
A965M1 Decoy Chaff Cartridges, M211 and M212 Advance Infrared 
Countermeasures Munition flares, eighty-two (82) MK66 MOD 4 2.75 rocket 
motors and eighty-two (82) M152 High Explosive (HE) warheads to support 
the APKWS, one (1) EGI for the Combined Armament Avionics Electrical 
Trainers, six (6) M279A1 Hellfire Launchers, associated test and 
support equipment, technical support, the Army's Non-Standard Rotary 
Wing Aviation Program Manager's Office (NSRWA PMO) technical support, 
Security Assistance Management Directorate's (SAMD) program technical 
support, additional contractor support, Peculiar Ground Support 
Equipment (PGSE), Post Production Support Services (PPSS), Government 
Furnished Equipment (GFE), Retrofit Service Notice (RSN), Repair and 
Return (R&R), communication and navigation equipment, aircraft 
survivability equipment, displays, flyable storage, transportation of 
aircraft, publications, and training.
    The total estimated value of MDE is $44.3 million. The total 
overall estimated value is $100.8 million.
    Tunisia has been approved to receive twenty-four (24) OH-58D Kiowa 
Warrior Helicopters via the Excess Defense Articles (EDA) Program under 
a separate notification. That separate notification included only the 
OH-58D airframes, thus this transmittal includes all the major 
components and customer-unique requirements requested to supplement the 
EDA grant transfer.
    This proposed sale will contribute to the foreign policy and 
national security objectives of the United States by helping to improve 
the security of Tunisia which has been, and continues to be an 
important force for political stability and economic progress in the 
North African region. 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 and ready self-defense capability.
    The OH-58D Kiowa Warrior helicopters along with the parts, systems, 
and support enumerated in this notification will improve Tunisia's 
capability to conduct border security and combat operations against 
terrorists, including Al-Qaida in the Islamic Maghreb (AQIM), Islamic 
State in Iraq and the Levant (ISIL) in Libya, and Ansar al-Sharia, 
Tunisia (AAS-T). These helicopters will further modernize the Tunisian 
armed forces and increase its interoperability with U.S. forces and 
other coalition partners. Tunisia will have no difficulty absorbing 
this equipment into its armed forces.
    The proposed sale will not alter the basic military balance in the 
region.
    The principal contractor for this effort 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 proposed sale will require the assignment of 
approximately ten (10) additional U.S. Government and approximately 
fifteen (15) contractor representatives to Tunisia for approximately 
five (5) years to support the fielding, maintenance, and personal 
training.
    There will be no adverse impact on U.S. defense readiness as a 
result of this proposed sale.
Transmittal No. 16-28
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. This sale will involve the release of sensitive technology to 
Tunisia. The OH-58D Kiowa Warrior Helicopter weapons system is 
classified up to SECRET. The OH-58D aircraft features advanced avionics 
and other technologically sensitive systems. Aircraft in the U.S. 
Government configuration will be equipped with one (1) SHP Rolls-Royce 
250-C30R/3 Engine, one (1) AN/ARC-164 UHF Radio, one (1) AN/ARC-186 VHF 
Radio, one (1) PC-DTS-V Data Recorder, two (2) AN/ARC-201D Radios, one 
(1) AN/APX-118 IFF Transponder, one (1) Embedded GPS/Inertial (EGI) 
Navigation System (INS), one (1) AN/APR-39A(V)1/4 Radar Signal 
Detecting Set, one (1) AN/AAR-57 Common Missile Warning System (CMWS), 
one (1) AN/AVR-2B Laser Warning Receiver, one (1) M134 DH Mini-Gun, one 
(1) M3P Aircraft Gun System, two (2) M260 Rocket Launchers, Hellfire 
Missile System, the Advanced Precision

[[Page 28835]]

Kill Weapon System (APKWS), AN/AVS-6 Night Vision Goggles (NVGs), the 
AGM-114R Hellfire Missile, A965M1 Decoy Chaff Cartridges, M211 and M212 
Advance Infrared Countermeasures Munition flares.
    2. Sensitive and/or classified (up to SECRET) elements of the 
proposed OH-58D Kiowa Warrior Helicopter sale include hardware, 
accessories, components, and associated software: Embedded GPS/Inertial 
(EGI) Navigation System (INS), the AN/AAR-57 Common Missile Warning 
System (CMWS), the AN/APX-118 Transponder Identify Friend or Foe (IFF), 
the AN/APR-39A(V)1/4 Radar Signal Detecting Set, the AN/AVR-2B Laser 
Detecting Set, the AN/AVS-6 Night Vision Goggles (NVGs), the AGM-114R 
Hellfire Missiles, the Advanced Precision Kill Weapon System (APKWS) 
All-Up-Rounds (AURs), A965M1 Decoy Chaff Cartridge, and the M211 and 
M212 Advance Infrared Countermeasures Munition flares. Additional 
sensitive information includes operating manuals, and maintenance 
technical orders containing performance information, operating and test 
procedures, and other information related to support operations and 
repair. The hardware, software, and data identified are classified to 
protect vulnerabilities, design, and performance parameters, and other 
similar critical information.
    a. The EGI/INS is a navigation platform that combines an inertial 
sensor assembly with a fixed reception pattern antenna GPS receiver and 
a common Kalman filter. The EGI system is the primary source for 
position information. The EGI is UNCLASSIFIED. The GPS crypto variable 
keys needed for highest GPS accuracy are classified up to SECRET.
    b. The AN/AAR-57 Common Missile Warning System utilizes electro-
optical sensors to warn the aircrew of threatening missile launch and 
approach. This system detects and performs data hand-off so 
countermeasures can be automatically dispensed. The system provides 
pilots hostile fire indication. The system hardware components are 
UNCLASSIFIED without installed software. When software is installed, 
the system is classified up to CONFIDENTIAL.
    c. The AN/APX-118 Identification Friend or Foe combined transponder 
interrogator system is UNCLASSIFIED unless evaluator parameters are 
enabled, which are SECRET.
    d. The AN/APR-39A(V)1/4 Radar Signal Detecting Set provides warning 
of radar directed threats to allow appropriate evasive maneuvers and 
deployment of radar countermeasures. The system hardware components are 
UNCLASSIFIED without installed software. When the software is 
installed, the system is classified up to CONFIDENTIAL.
    e. The AN/AVR-2B Laser Detecting Set is a passive laser warning 
system that can receive, process, and provide for the display of threat 
information. The system, hardware components, and software are 
UNCLASSIFIED.
    f. The AN/AVS-6 Night Vision Goggles (NVG) is a 3rd generation 
aviation NVG offering higher resolution, high gain, and photo response 
to near infrared. Hardware is UNCLASSIFIED, and technical data and 
documentation to be provided are UNCLASSIFIED.
    g. The AGM-114R Hellfire Missile has sensitive technology contained 
within operational semi-active laser seeker. The highest level for 
release of the AGM-114R is SECRET, based upon the semi-active seeker 
and warhead. Reverse engineering could reveal CONFIDENTIAL information. 
Vulnerability data, countermeasures, vulnerability/susceptibility 
analyses, and threat definitions are classified SECRET or CONFIDENTIAL.
    h. The Advanced Precision Kill Weapon System (APKWS) All-Up-Round 
(AUR) is an air-to-ground weapon that consists of an APKWS Guidance 
Section (GS), 2.75-inch MK66 Mod 4 rocket motor, and MK152 warhead/
fuze. APKWS uses a semi-active laser seeker. The GS is installed 
between the rocket motor and warhead to create a guided rocket. The 
APKWS may be procured as an independent component to be mated to 
appropriate 2.75-inch warheads/fuzes and rocket motors purchased 
separately or may be purchased as an AUR. The overall classification is 
SECRET.
    i. The A965M1 is a 25.4mm Decoy Chaff Cartridge. All cartridge 
components including the cartridge case, piston, end cap, and 
theoretical band coverage are UNCLASSIFIED. The specifications and 
drawings for this item are also UNCLASSIFIED. Radar Cross Section (RCS) 
measurements of deployed chaff are CONFIDENTIAL. Chaff deployment 
timing, sequence, pattern, and effectiveness against radar threats are 
SECRET/NOFORN.
    3. Software, hardware, and other data/information, which is 
classified or sensitive, is reviewed prior to release to protect system 
vulnerabilities, design data, and performance parameters. Some end-item 
hardware, software, and other data identified above are classified at 
the CONFIDENTIAL and SECRET level. Potential compromise of these 
systems is controlled through management of the basic software programs 
of highly sensitive systems and software-controlled weapon system on a 
case-by-case basis.
    4. 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 
capabilities. Weapon system effectiveness to persecute adversaries 
kinetically and strategically would be greatly compromised, and 
interoperability with friendly forces would be adversely impacted.
    5. A determination has been made that Tunisia, 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.
    6. All defense articles and services listed in this transmittal 
have been authorized for release and export to the Government of 
Tunisia.

[FR Doc. 2016-10910 Filed 5-9-16; 8:45 am]
 BILLING CODE 5001-06-P