81 FR 76934 - 36(b)(1) Arms Sales Notification

DEPARTMENT OF DEFENSE
Office of the Secretary

Federal Register Volume 81, Issue 214 (November 4, 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 214 (Friday, November 4, 2016)]
[Notices]
[Pages 76934-76936]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-26711]


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DEPARTMENT OF DEFENSE

Office of the Secretary

[Transmittal No. 16-38]


36(b)(1) Arms Sales Notification

AGENCY: Defense Security Cooperation Agency, Department of Defense.

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: Chang Suh, DSCA/SA&E/RAN, (703) 697-
8975.
    The following is a copy of a letter to the Speaker of the House of 
Representatives, Transmittal 16-38 with attached Policy Justification.

    Dated: November 1, 2016.
Aaron Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
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[[Page 76935]]

[GRAPHIC] [TIFF OMITTED] TN04NO16.320

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Transmittal No. 16-38
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 Kuwait
    (ii) Total Estimated Value:

Major Defense Equipment *................  $ 62 million
Other....................................  $132 million
                                          ------------------------------
  Total..................................  $194 million
 

    (iii) Description and Quantity or Quantities of Articles or 
Services under Consideration for Purchase:
    Major Defense Equipment (MDE): Six (6) AN/MPQ-64 Sentinel F1 Radars
    Non-Major Defense Equipment (MDE): The Government of Kuwait 
requested a limited competition between three (3) U.S. vendors to 
procure a total of six (6) Short Range, Gap Filler Radars (e.g., AN/
MPQ-64 Sentinel F1, AN/TPS-77, or AN/TPS-703) and one (1) Long Range 
Radar (e.g., AN/TPS-77 or AN/TPS-78). Only one of the radars under 
consideration, the AN/MPQ-64 is Major Defense Equipment (MDE). The 
remaining radars identified by Kuwait for consideration are non-MDE. 
Additionally, Kuwait is requesting one (1) Long Range Radar with 
Primary Surveillance Radar (PSR) and Secondary Surveillance Radar (SSR) 
capability on the Long Range Radar, upgrades to existing AN/FPS 117 (V) 
3 Long Range

[[Page 76936]]

Radars, upgrades to airfield radome and communications systems, upgrade 
secure Identification Friend or Foe (IFF) systems, site surveys, 
installation and checkout, site acceptance testing, interim contractor 
support, construction, contractor logistics support (CLS), spares, 
support equipment and training. Cost for additional non-MDE is $132 
million. The total overall estimated cost is $194 million.
    (iv) Military Department: Air Force (X7-D-DAB)
    (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 Annex attached.
    (viii) Date Report Delivered to Congress: October 13, 2016
    * as defined in Section 47(6) of the Arms Export Control Act.

POLICY JUSTIFICATION

The Government of Kuwait-Radar Field System

    The Government of Kuwait has requested a possible total sale of six 
(6) Short Range Radars, otherwise known as Gap Filler Radars, one (1) 
Long Range Radar with Primary Surveillance Radar (PSR) and Secondary 
Surveillance Radar (SSR) arrays, upgrades to existing AN/FPS 117 (V) 3 
Long Range Radar, upgrades to airfield radome and communications 
systems, upgrade to secure Identification Friend or Foe (IFF) systems, 
site surveys, installation and checkout, site acceptance testing, 
interim contractor support, construction, contractor logistics support, 
spares, support equipment, and training. The total estimated value of 
this sale is $194 million.
    The Government of Kuwait requested a limited competition between 
three (3) U.S. vendors to procure a total of six (6) Short Range, Gap 
Filler Radars (e.g., AN/MPQ-64 Sentinel F1, AN/TPS-77, or AN/TPS-703) 
and one (1) Long Range Radar (e.g., AN/TPS-77 or AN/TPS-78). Only one 
of the radars under consideration, the AN/MPQ-64 is Major Defense 
Equipment (MDE). The remaining radars identified by Kuwait for 
consideration are non-MDE.
    This proposed sale supports U.S. Government national security goals 
by aiding a Major non-NATO Ally in the reduction of transnational 
threats, weapons proliferation, and the movement and support of 
international terrorists.
    The Government of Kuwait desires the radar field system in order to 
improve early warning, enhance internal and external security, and 
protect national sovereignty. The system provides situational awareness 
for Kuwaiti security forces to detect and interdict fixed and rotary 
wing aircraft. This procurement provides coverage for Kuwait's northern 
and eastern boarders.
    The prime contractor will be determined by competition between 
Lockheed Martin, Bethesda Maryland, Northrop Grumman, Falls Church, 
Virginia, and the Raytheon Company, Waltham, Massachusetts. There are 
no known offset agreements proposed in connection with this potential 
sale.
    This procurement includes a small number of U.S. contractor system 
and maintenance advisors under a long-term operations and maintenance 
support package. The exact number of personnel and period of 
performance is yet to be finalized. This purchase will not 
substantially alter the U.S. Government presence in Kuwait.
    There will be no adverse impact on U.S. defense readiness as a 
result of this proposed sale.
Transmittal No. 16-38
Notice of Proposed Issuance of Letter of Offer Pursuant to Section 
36(b)(l) of the Arms Export Control Act
Annex
Item No. vii
    (vii) Sensitivity of Technology:
    1. The AN/MPQ-64 Sentinel Radar System is a fielded air defense 
radar system in the Army inventory. Sentinel is a derivative of the AN/
TPQ-36 Firefinder System used for artillery detection and the AN/TPQ-
36A Norwegian adapted Hawk system. Sentinel is a mobile, phased-array 
radar that provides highly accurate 3 dimensional radar track data to 
using systems via the Forward Area Air Defense (FAAD) Command, Control, 
and Intelligence (C2I) node. Sentinel acquires, tracks, and reports 
cruise missiles, unmanned aerial vehicles, fixed and rotary wing 
aircraft in clutter and electronic counter measures environments. The 
Sentinel Export configuration (AN/MPQ-64Fl) is a derivative of the U.S. 
Army's Improved Sentinel Radar.
    2. The Sentinel consists of a radar-based sensor system with the 
M1152 HighMobility Multipurpose Wheeled Vehicle (HMMWV) as the prime 
mover and the MEP-1041 Advanced Mobile Medium Power Source (AMMPS) 
Tactical Quiet Generator as the power source. The sensor is an advanced 
battlefield radar capable of X Band air defense phased-array with an 
instrumented range of 75 kilometers with a rotating antenna providing 
360 degree azimuth coverage for acquisition and tracking.
    3. Sentinel has only one item currently designated Critical Program 
Information (CPI) and that is the Sentinel software modules containing 
routines for electronic counter-counter measures (ECCM) that have been 
determined to be a CPI.
    4. These items are classified IAW EO 12958 section 1.5, 
Classification categories as category 1.5(e) because they contain 
scientific, technological, or economic matters relative to the national 
security. Reports, test data, and all Sentinel related media that 
discloses operational parameters, performance, characteristics, ECCM 
techniques, vulnerabilities, limitations or performance weaknesses 
shall be classified at the highest level based on the information being 
conveyed as referenced in the Sentinel Security Classification Guide. 
Distribution of technical performance and system capabilities reports 
and data shall only be released up to the CONFIDENTIAL level. It is not 
possible to obtain the Sentinel wartime reserved frequencies by reverse 
engineering, testing, or analyzing the unclassified Sentinel end item.
    5. This sale is necessary in furtherance of the U.S. foreign policy 
and national security objectives outlined in the Policy Justification. 
Moreover, the benefits to be 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.
    6. All defense articles and services listed in this transmittal are 
authorized for release and export to the Government of Kuwait.

[FR Doc. 2016-26711 Filed 11-3-16; 8:45 am]
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