81 FR 91148 - 36(b)(1) Arms Sales Notification

DEPARTMENT OF DEFENSE
Office of the Secretary

Federal Register Volume 81, Issue 242 (December 16, 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 242 (Friday, December 16, 2016)]
[Notices]
[Pages 91148-91150]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-30229]


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DEPARTMENT OF DEFENSE

Office of the Secretary

[Transmittal No. 16-52]


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: Pam Young, DSCA/SA&E-RAN, (703) 697-
9107.
    The following is a copy of a letter to the Speaker of the House of 
Representatives,
    Transmittal 16-52 with attached Policy Justification and 
Sensitivity of Technology.

    Dated: December 12, 2016.
Aaron Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
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[[Page 91149]]

[GRAPHIC] [TIFF OMITTED] TN16DE16.039

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Transmittal No. 16-52
Notice of Proposed Issuance of Letter of Offer Pursuant to Section 
36(b)(l) of the Arms Export Control Act, as Amended
    (i) Prospective Purchaser: Kingdom of Morocco.
    (ii) Total Estimated Value:

Major Defense Equipment *...............  $101 million
Other...................................  $ 7 million
                                         -------------------------------
  TOTAL.................................  $108 million
 

    (iii) Description and Quantity or Quantities of Articles or 
Services under Consideration for Purchase:
    Major Defense Equipment (MDE):
One thousand two-hundred (1,200) TOW 2A, Radio Frequency (RF) Missiles 
(BGM-71-4B-RF)
Fourteen (14) TOW 2A, Radio Frequency (RF) Missiles (Fly-to-Buy Lot 
Acceptance Missiles)

    Non-MDE includes:
    U.S. Government and contractor engineering; technical and logistics 
support services; and other related elements of logistics and program 
support.
    (iv) Military Department: Army (VTG).
    (v) Prior Related Cases, if any: MO-B-USZ for $137,034.913 signed 
on 4 May 2016.
    (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.

[[Page 91150]]

    (viii) Date Report Delivered to Congress: December 7, 2016.

    * as defined in Section 47(6) of the Arms Export Control Act.

POLICY JUSTIFICATION

Government of Morocco--Radio Frequency (RF) TOW 2A, Radio Frequency 
(RF) Missile (BGM-71-4B-RF and Support)

    The Government of Morocco has requested a possible sale of one 
thousand two-hundred (1,200) TOW 2A, Radio Frequency (RF) Missiles 
(BGM-71-4B-RF) and fourteen (14) TOW 2A, Radio Frequency (RF) Missiles 
(Fly-to-Buy Lot Acceptance Missiles). Also included with this request 
is U.S. Government and contractor engineering, technical and logistics 
support services; and other related elements of logistics and program 
support. The estimated MDE sale is $101 million. The total estimated 
value is $108 million.
    This proposed sale will contribute to the foreign policy and 
national security of the United States by helping to improve the 
security of a Major Non-NATO Ally that continues to be an important 
force for the political stability and economic progress in North 
Africa. This proposed sale directly supports Morocco and serves the 
interests of the Moroccan people and the United States.
    The proposed sale of TOW 2A Missiles and technical support will 
advance Morocco's efforts to develop an integrated ground defense 
capability. Morocco 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 contractors involved in this program are: Raytheon 
Missile Systems, Tucson, Arizona. There are no known offset agreements 
proposed in connection with this potential sale.
    Implementation of this proposed sale will require the U.S. 
Government or contractor representatives to travel to Morocco.
    There will be no adverse impact on U.S. defense readiness as a 
result of this proposed sale.
Transmittal No. 16-52
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:
    1. The Radio Frequency (RF) TOW 2A Missile (BGM-71E-4B-RF) is 
designed to defeat armored vehicles, reinforced urban structures, field 
fortifications and other such targets. TOW missiles are fired from a 
variety of TOW launchers in the U .S. Army, USMC, and FMS customer 
forces. The TOW 2A RF missile can be launched from the same launcher 
platforms as the existing wire-guided TOW 2A missile without 
modification to the launcher. The TOW 2A missile (both wire & RF) 
contains two trackers for the launcher to track and guide the missile 
in flight. Guidance commands from the launcher are provided to the 
missile by a RF link contained within the missile case. The hardware, 
software, and technical publications provided with the sale thereof are 
UNCLASSIFIED. However, the system itself contains sensitive technology 
that instructs the system on how to operate in the presence of 
countermeasures.
    2. The highest level of classified information that must be 
disclosed in training to use the end item is UNCLASSIFIED. The highest 
level of classified information that must be disclosed in maintenance 
of the end item is UNCLASSIFIED. The highest level of classified 
information that could be disclosed by sale of the end item is SECRET. 
The highest level of classified information that could be revealed by 
testing the end item is SECRET. The highest level of classified 
information that could be revealed by reverse engineering of the end 
item 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. All defense articles and services listed in this transmittal 
have been authorized for release and export to the Government of 
Morocco.

[FR Doc. 2016-30229 Filed 12-15-16; 8:45 am]
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