82_FR_14756 82 FR 14702 - 36(b)(1) Arms Sales Notification

82 FR 14702 - 36(b)(1) Arms Sales Notification

DEPARTMENT OF DEFENSE
Office of the Secretary

Federal Register Volume 82, Issue 54 (March 22, 2017)

Page Range14702-14704
FR Document2017-05646

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 82 Issue 54 (Wednesday, March 22, 2017)
[Federal Register Volume 82, Number 54 (Wednesday, March 22, 2017)]
[Notices]
[Pages 14702-14704]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-05646]


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DEPARTMENT OF DEFENSE

Office of the Secretary

[Transmittal No. 17-02]


36(b)(1) Arms Sales Notification

AGENCY: Defense Security Cooperation Agency, Department of Defense.

ACTION: Notice.

-----------------------------------------------------------------------

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: Pamela Young, (703) 697-9107 or Kathy 
Valadez, (703) 697-9217; DSCA/SA&E-RAN.
    The following is a copy of a letter to the Speaker of the House of 
Representatives, Transmittal 17-02 with attached Policy Justification 
and Sensitivity of Technology.

    Dated: March 17, 2017.
Aaron Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
BILLING CODE 5001-06-P

[[Page 14703]]

[GRAPHIC] [TIFF OMITTED] TN22MR17.000

Transmittal No. 17-02

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: United Kingdom
    (ii) Total Estimated Value:

Major Defense Equipment *..............................   $135.0 million
Other..................................................   $ 15.0 million
                                                        ----------------
  Total................................................   $150.0 million
 

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

Major Defense Equipment (MDE): One thousand (1,000) AGM-114-R1/R2 
Hellfire II Semi-Active Laser (SAL) Missiles
Non-MDE: Logistics support services and other related program support

    (iv) Military Department: Air Force (YAI)
    (v) Prior Related Cases, if any: UK-D-YAC--$22M--May 2008; UK-D-
YAF--$21M--Mar 2011; UK-D-YAY--$134M--Aug 2013

[[Page 14704]]

    (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 Report Delivered to Congress: March 16, 2017
    * as defined in Section 47(6) of the Arms Export Control Act.

POLICY JUSTIFICATION

United Kingdom--Hellfire Missiles

    The Government of the United Kingdom (UK) requested a possible sale 
of 1,000 AGM-114-R1/R2 Hellfire II Semi-Active Laser (SAL) Missiles 
with logistics support services and other related program support. The 
estimated cost is $150 million.
    This proposed sale directly contributes to the foreign policy and 
national security policies of the United States by enhancing the close 
air support capability of the UK in support of NATO and other coalition 
operations. Commonality between close air support capabilities greatly 
increases interoperability between our two countries' military and 
peacekeeping forces and allows for greater burden sharing.
    The proposed sale improves the UK's capability to meet current and 
future threats by providing close air support to counter enemy attacks 
on coalition ground forces in the U.S. Central Command area of 
responsibility (AOR) and other areas, as needed. The UK already has 
Hellfire missiles in its inventory and will have no difficulty 
absorbing these additional missiles.
    The proposed sale of this equipment and support will not alter the 
basic military balance in the region.
    There is no principal contractor for this sale as the missiles are 
coming from U.S. stock.
    Implementation of this proposed sale will not require the 
assignment of any additional U.S. Government or contractor 
representatives to the UK.
    There will be no adverse impact on U.S. defense readiness as a 
result of this proposed sale.

Transmittal No. 17-02

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. AGM-114-R1/R2 Hellfire. The AGM-114-R1/R2 Hellfire II Semi-
Active Laser (SAL) Missiles are rail-launched guided missiles developed 
and produced by Lockheed Martin. The guidance system employs a SAL 
seeker. The SAL missile homes in on the laser energy reflected off a 
target that has been illuminated by a laser designator. The laser can 
be on either the launch platform or another platform that can be 
separated from it by several kilometers. The target sets are armor, 
bunkers, caves, enclosures, boats, and enemy personnel. The weapon 
system hardware, as an ``All Up Round,'' is UNCLASSIFIED. The highest 
level of classified information to be disclosed regarding the AGM-114-
R1/R2 Hellfire II missile software is SECRET. The highest level of 
classified information that could be disclosed by a proposed sale or by 
testing of the end item is SECRET and the highest level that must be 
disclosed for production, maintenance, or training is CONFIDENTIAL.

The AGM-114 R1/R2 Hellfire II missiles use pulse-coded laser 
illumination. The R2 variant includes a Height-of-Burst (HOB)/
proximity sensor. The AGM-114-R1/R2 missiles each have a multi-
purpose selectable warhead and inertial measurement unit (IMU)-Aided 
Trajectories. The missiles United Kingdom operators employ are only 
handled by USAF personnel. The United Kingdom does not take 
possession of, or store the missile, and this policy has been in 
place since 2008.

    2. If a technologically advanced adversary obtained knowledge of 
the specific hardware and software elements, the information could be 
used to develop countermeasures or equivalent systems which might 
reduce system effectiveness or be used in the development of a system 
with similar or advanced capabilities.
    3. A determination has been made that the United Kingdom can 
provide substantially the same degree of protection for the AGM-114-R1/
R2 Hellfire II missiles as the U.S. Government. Transfer of these 
missiles to the UK is necessary in the furtherance of U.S. foreign 
policy and national security objectives.
    4. All defense articles and services listed in this transmittal 
have been authorized for release and export to the United Kingdom.

[FR Doc. 2017-05646 Filed 3-21-17; 8:45 am]
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                                                    14702                       Federal Register / Vol. 82, No. 54 / Wednesday, March 22, 2017 / Notices

                                                      (v) Prior Related Cases, if any: KU–D–                  The proposed sale does not require                     3. This sale is necessary in
                                                    YAB (A2), 15 Jun 2015 ($7.6M)                           the assignment of any additional U.S.                 furtherance of the U.S. foreign policy
                                                      (vi) Sales Commission, Fee, etc., Paid,               Government or contractor                              and national security objectives
                                                    Offered, or Agreed to be Paid: None                     representatives to Kuwait.                            outlined in the Policy Justification. The
                                                      (vii) Sensitivity of Technology                         The sole-source contractor is the                   benefits to be derived from this sale, as
                                                    Contained in the Defense Article or                     original equipment manufacturer,                      outlined in the Policy Justification,
                                                    Defense Services Proposed to be Sold:                   Boeing, Chicago, Illinois. There are no               outweigh the potential damage that
                                                    See Annex attached.                                     known offset agreements proposed in                   could result if the sensitive technology
                                                      (viii) Date Report Delivered to                       connection with this potential sale.                  were revealed to unauthorized persons.
                                                    Congress: December 20, 2016                               There is no adverse impact on U.S.                     4. All defense articles and services
                                                      * as defined in Section 47(6) of the                  defense readiness as a result of this                 listed in this transmittal are authorized
                                                    Arms Export Control Act.                                proposed sale.                                        for release and export to the
                                                                                                                                                                  Government of Kuwait.
                                                    POLICY JUSTIFICATION                                    Transmittal No. 16–40
                                                                                                                                                                  [FR Doc. 2017–05689 Filed 3–21–17; 8:45 am]
                                                    Kuwait—Joint Direct Attack Munition                     Notice of Proposed Issuance of Letter of              BILLING CODE 5001–06–P
                                                    (JDAM) Tail Kits                                        Offer Pursuant to Section 36(b)(1) of the
                                                       The Government of Kuwait has                         Arms Export Control Act
                                                    requested a possible total sale of seven                Annex Item No. vii                                    DEPARTMENT OF DEFENSE
                                                    hundred and fifty (750) JDAM Tail Kits
                                                    (two hundred and fifty (250) for 500-                      (vii) Sensitivity of Technology:                   Office of the Secretary
                                                    pound bombs, two hundred and fifty                         1. Joint Direct Attack Munition
                                                    (250) kits for 1,000-pound bombs, and                   (JDAM) is a guidance tail kit that
                                                                                                                                                                  [Transmittal No. 17–02]
                                                    two hundred and fifty (250) kits for                    converts unguided free-fall bombs into
                                                    2,000-pound bombs). Sale also includes                  accurate, adverse weather ‘‘smart’’                   36(b)(1) Arms Sales Notification
                                                    two (2) 500-pounds and two (2) 2,000-                   munitions. With the addition of a new
                                                    pounds JDAM Load Build Trainers                         tail section that contains an inertial                AGENCY: Defense Security Cooperation
                                                    spares, support equipment, repair and                   navigational system and a global                      Agency, Department of Defense.
                                                    return, and other associated logistical                 positioning system guidance control                   ACTION: Notice.
                                                    support. The estimated cost is $37                      unit, JDAM improves the accuracy of
                                                    million.                                                unguided, general-purpose bombs in                    SUMMARY:   The Department of Defense is
                                                       This proposed sale contributes to the                any weather condition. JDAM can be                    publishing the unclassified text of a
                                                    foreign policy and national security of                 launched from very low to very high                   section 36(b)(1) arms sales notification.
                                                    the United States by improving the                      altitudes in a dive, toss and loft, or in             This is published to fulfill the
                                                    security of a Major Non-NATO Ally                       straight and level flight with an on-axis             requirements of section 155 of Public
                                                    which continues to be an important                      or off-axis delivery. JDAM enables                    Law 104–164 dated July 21, 1996.
                                                    force for political stability and economic              multiple weapons to be directed against               FOR FURTHER INFORMATION CONTACT:
                                                    progress in the Middle East. Kuwait                     single or multiple targets on a single                Pamela Young, (703) 697–9107 or Kathy
                                                    plays a large role in U.S. efforts to                   pass. The JDAM All Up Round and all                   Valadez, (703) 697–9217; DSCA/SA&E–
                                                    advance stability in the Middle East,                   of its components are UNCLASSIFIED;                   RAN.
                                                    providing basing, access, and transit for               technical data for JDAM is classified up
                                                                                                                                                                     The following is a copy of a letter to
                                                    U.S. forces in the region.                              to SECRET.
                                                                                                                                                                  the Speaker of the House of
                                                       This proposed sale improves Kuwait’s                    2. If a technologically advanced
                                                                                                                                                                  Representatives, Transmittal 17–02 with
                                                    capability to deter regional threats and                adversary obtains knowledge of the
                                                                                                                                                                  attached Policy Justification and
                                                    strengthens its homeland defense.                       specific hardware and software
                                                                                                                                                                  Sensitivity of Technology.
                                                    Kuwait will be able to absorb this                      elements, the information could be used
                                                    additional equipment and support into                   to develop countermeasures or                           Dated: March 17, 2017.
                                                    its armed forces.                                       equivalent systems that might reduce                  Aaron Siegel,
                                                       The proposed sale of this equipment                  weapon system effectiveness or be used                Alternate OSD Federal Register Liaison
                                                    and support does not alter the basic                    in the development of a system with                   Officer, Department of Defense.
                                                    military balance in the region.                         similar or advanced capabilities.                     BILLING CODE 5001–06–P
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                                                                                     Federal Register / Vol. 82, No. 54 / Wednesday, March 22, 2017 / Notices                                                 14703




                                                                                               IO




                                                    Transmittal No. 17–02                                       Other ..................................    $ 15.0 million     Hellfire II Semi-Active Laser (SAL)
                                                                                                                                                                               Missiles
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                                                    Notice of Proposed Issuance of Letter of
                                                                                                                   Total ................................   $150.0 million   Non-MDE: Logistics support services
                                                    Offer Pursuant to Section 36(b)(1) of the
                                                                                                                                                                               and other related program support
                                                    Arms Export Control Act, as amended                           (iii) Description and Quantity or
                                                                                                                                                                               (iv) Military Department: Air Force
                                                      (i) Prospective Purchaser: United                         Quantities of Articles or Services under                     (YAI)
                                                    Kingdom                                                     Consideration for Purchase:                                    (v) Prior Related Cases, if any: UK–D–
                                                      (ii) Total Estimated Value:                               Major Defense Equipment (MDE): One                           YAC—$22M—May 2008; UK–D–YAF—
                                                    Major Defense Equip-                                         thousand (1,000) AGM–114–R1/R2                              $21M—Mar 2011; UK–D–YAY—
                                                                                                                                                                                                                        EN22MR17.000</GPH>




                                                     ment * .............................    $135.0 million                                                                  $134M—Aug 2013


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                                                    14704                       Federal Register / Vol. 82, No. 54 / Wednesday, March 22, 2017 / Notices

                                                      (vi) Sales Commission, Fee, etc., Paid,               The SAL missile homes in on the laser                 Strategic Advisory Group, Department
                                                    Offered, or Agreed to be Paid: None                     energy reflected off a target that has                of Defense.
                                                      (vii) Sensitivity of Technology                       been illuminated by a laser designator.               ACTION: Notice of Federal Advisory
                                                    Contained in the Defense Article or                     The laser can be on either the launch                 Committee Meeting.
                                                    Defense Services Proposed to be Sold:                   platform or another platform that can be
                                                    See Attached Annex                                      separated from it by several kilometers.              SUMMARY:    The Department of Defense
                                                      (viii) Date Report Delivered to                       The target sets are armor, bunkers,                   (DoD) is publishing this notice to
                                                    Congress: March 16, 2017                                caves, enclosures, boats, and enemy                   announce that the following Federal
                                                      * as defined in Section 47(6) of the                  personnel. The weapon system                          Advisory Committee meeting of the U.S.
                                                    Arms Export Control Act.                                hardware, as an ‘‘All Up Round,’’ is                  Strategic Command Strategic Advisory
                                                                                                            UNCLASSIFIED. The highest level of                    Group will take place.
                                                    POLICY JUSTIFICATION
                                                                                                            classified information to be disclosed                DATES: Day 1—Closed to the public
                                                    United Kingdom—Hellfire Missiles                        regarding the AGM–114–R1/R2 Hellfire                  Tuesday, April 18, 2017, from 8:00 a.m.
                                                      The Government of the United                          II missile software is SECRET. The                    to 4:00 p.m. and Day 2—Closed to the
                                                    Kingdom (UK) requested a possible sale                  highest level of classified information               public Wednesday, April 19, 2017, from
                                                    of 1,000 AGM–114–R1/R2 Hellfire II                      that could be disclosed by a proposed                 8:00 a.m. to 12:00 p.m.
                                                    Semi-Active Laser (SAL) Missiles with                   sale or by testing of the end item is                 ADDRESSES: Dougherty Conference
                                                    logistics support services and other                    SECRET and the highest level that must                Center, Building 432, 906 SAC
                                                    related program support. The estimated                  be disclosed for production,                          Boulevard, Offutt AFB, Nebraska 68113.
                                                    cost is $150 million.                                   maintenance, or training is                           FOR FURTHER INFORMATION CONTACT: Mr.
                                                      This proposed sale directly                           CONFIDENTIAL.                                         John Trefz, Jr., Designated Federal
                                                    contributes to the foreign policy and                   The AGM–114 R1/R2 Hellfire II missiles use            Officer, (402) 294–4102 (Voice), (402)
                                                    national security policies of the United                pulse-coded laser illumination. The R2                294–3128 (Facsimile), john.l.trefz.civ@
                                                    States by enhancing the close air                       variant includes a Height-of-Burst (HOB)/             mail.mil (Email). Mailing address is 901
                                                    support capability of the UK in support                 proximity sensor. The AGM–114–R1/R2                   SAC Boulevard, Suite 1 F7, Offutt AFB,
                                                    of NATO and other coalition operations.                 missiles each have a multi-purpose selectable         NE 68113–6030.
                                                    Commonality between close air support                   warhead and inertial measurement unit
                                                                                                            (IMU)-Aided Trajectories. The missiles                SUPPLEMENTARY INFORMATION: This
                                                    capabilities greatly increases                                                                                meeting is being held under the
                                                    interoperability between our two                        United Kingdom operators employ are only
                                                                                                            handled by USAF personnel. The United                 provisions of the Federal Advisory
                                                    countries’ military and peacekeeping                                                                          Committee Act (FACA) of 1972 (5
                                                                                                            Kingdom does not take possession of, or store
                                                    forces and allows for greater burden                    the missile, and this policy has been in place        U.S.C., Appendix, as amended), the
                                                    sharing.                                                since 2008.                                           Government in the Sunshine Act of
                                                      The proposed sale improves the UK’s
                                                                                                               2. If a technologically advanced                   1976 (5 U.S.C. 552b, as amended), and
                                                    capability to meet current and future
                                                                                                            adversary obtained knowledge of the                   41 CFR 102–3.140. This meeting is
                                                    threats by providing close air support to
                                                                                                            specific hardware and software                        being held under the provisions of the
                                                    counter enemy attacks on coalition
                                                                                                            elements, the information could be used               Federal Advisory Committee Act of
                                                    ground forces in the U.S. Central
                                                                                                            to develop countermeasures or                         1972 (5 U.S.C. Appendix), the
                                                    Command area of responsibility (AOR)
                                                                                                            equivalent systems which might reduce                 Government in Sunshine Act of 1976 (5
                                                    and other areas, as needed. The UK
                                                                                                            system effectiveness or be used in the                U.S.C. 552b), and 41 CFR 102–3.150.
                                                    already has Hellfire missiles in its                                                                             Purpose of the Meeting: The purpose
                                                    inventory and will have no difficulty                   development of a system with similar or
                                                                                                            advanced capabilities.                                of the meeting is to provide advice on
                                                    absorbing these additional missiles.                                                                          scientific, technical, intelligence, and
                                                      The proposed sale of this equipment                      3. A determination has been made
                                                                                                            that the United Kingdom can provide                   policy-related issues to the Commander,
                                                    and support will not alter the basic
                                                                                                            substantially the same degree of                      U.S. Strategic Command, during the
                                                    military balance in the region.
                                                      There is no principal contractor for                  protection for the AGM–114–R1/R2                      development of the Nation’s strategic
                                                    this sale as the missiles are coming from               Hellfire II missiles as the U.S.                      war plans.
                                                                                                                                                                     Agenda: Topics include: Policy
                                                    U.S. stock.                                             Government. Transfer of these missiles
                                                      Implementation of this proposed sale                                                                        Issues, Space Operations, Nuclear
                                                                                                            to the UK is necessary in the furtherance
                                                    will not require the assignment of any                                                                        Weapons Stockpile Assessment,
                                                                                                            of U.S. foreign policy and national
                                                    additional U.S. Government or                                                                                 Weapons of Mass Destruction,
                                                                                                            security objectives.
                                                    contractor representatives to the UK.                                                                         Intelligence Operations, Cyber
                                                                                                               4. All defense articles and services               Operations, Global Strike, Command
                                                      There will be no adverse impact on                    listed in this transmittal have been
                                                    U.S. defense readiness as a result of this                                                                    and Control, Science and Technology,
                                                                                                            authorized for release and export to the              Missile Defense.
                                                    proposed sale.                                          United Kingdom.                                          Meeting Accessibility: Pursuant to 5
                                                    Transmittal No. 17–02                                   [FR Doc. 2017–05646 Filed 3–21–17; 8:45 am]           U.S.C. 552b, and 41 CFR 102–3.155, the
                                                    Notice of Proposed Issuance of Letter of                BILLING CODE 5001–06–P                                Department of Defense has determined
                                                    Offer Pursuant to Section 36(b)(1) of the                                                                     that the meeting shall be closed to the
                                                    Arms Export Control Act, as amended                                                                           public. Per delegated authority by the
                                                                                                            DEPARTMENT OF DEFENSE                                 Chairman, Joint Chiefs of Staff, General
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                                                    Annex Item No. vii                                                                                            John E. Hyten, Commander, U.S.
                                                                                                            Office of the Secretary
                                                      (vii) Sensitivity of Technology:                                                                            Strategic Command, in consultation
                                                      1. AGM–114–R1/R2 Hellfire. The                        U.S. Strategic Command Strategic                      with his legal advisor, has determined
                                                    AGM–114–R1/R2 Hellfire II Semi-                         Advisory Group; Notice of Federal                     in writing that the public interest
                                                    Active Laser (SAL) Missiles are rail-                   Advisory Committee Meeting                            requires that all sessions of this meeting
                                                    launched guided missiles developed                                                                            be closed to the public because they will
                                                    and produced by Lockheed Martin. The                    AGENCY:  Office of the Chairman Joint                 be concerned with matters listed in 5
                                                    guidance system employs a SAL seeker.                   Chiefs of Staff, U.S. Strategic Command               U.S.C. 552b(c)(l).


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Document Created: 2017-03-22 03:58:31
Document Modified: 2017-03-22 03:58:31
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
ContactPamela Young, (703) 697-9107 or Kathy Valadez, (703) 697-9217; DSCA/SA&E-RAN.
FR Citation82 FR 14702 

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