82 FR 32796 - 36(b)(1) Arms Sales Notification

DEPARTMENT OF DEFENSE
Office of the Secretary

Federal Register Volume 82, Issue 136 (July 18, 2017)

The Department of Defense is publishing the unclassified text of a section 36(b)(1) arms sales notification.

[Federal Register Volume 82, Number 136 (Tuesday, July 18, 2017)]
[Notices]
[Pages 32796-32798]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-15012]


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DEPARTMENT OF DEFENSE

Office of the Secretary

[Transmittal No. 16-75]


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.

FOR FURTHER INFORMATION CONTACT: Kathy Valadez, (703) 697-9217 or 
Pamela Young, (703) 697-9107; DSCA/DSA-RAN.

SUPPLEMENTARY INFORMATION: This 36(b)(1) arms sales notification is 
published to fulfill the requirements of section 155 of Public Law 104-
164 dated July 21, 1996. The following is a copy of a letter to the 
Speaker of the House of Representatives, Transmittal 16-75 with 
attached Policy Justification and Sensitivity of Technology.

    Dated: July 13, 2017.
Aaron Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
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Transmittal No. 16-75
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: Taipei Economic and Cultural 
Representative Office (TECRO) in the United States
    (ii) Total Estimated Value:

Major Defense Equipment..................  $0 million
(MDE)* Other.............................  $400 million
                                          ------------------------------
  Total..................................  $400 million
 

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

Non-MDE includes: Follow-on sustainment package for the Surveillance 
Radar Program (SRP) that includes contractor logistics support 
(sustainment); engineering services and technical updates to address 
equipment obsolescence; transportation and material costs associated 
with contractor repair and return services; spare and repair parts; 
support and test equipment; publications and technical documentation 
personnel training and training equipment; U.S. Government and 
contractor engineering; technical and logistics support services; and 
other related elements of logistical and program support.

    (iv) Military Department: Air Force (QAP)
    (v) Prior Related Cases, if any: TW-D-DAH--$831 million--27 Oct 
2004; TW-D-QAI--$370 million--25 May 2012.
    (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: 29 JUN 2017
    * As defined in Section 47(6) of the Arms Export Control Act.

POLICY JUSTIFICATION

Taipei Economic and Cultural Representative Office (TECRO) in the 
United States--Surveillance Radar Program CSRP) Operation and 
Maintenance Support

    TECRO requested a possible sale of SRP Operations and Maintenance 
follow-on sustainment package that includes, contractor logistics 
support (sustainment); engineering services and technical updates to 
address equipment obsolescence; transportation and material costs 
associated with contractor repair and return services; spare and repair 
parts; support and test equipment; publications and technical 
documentation personnel training and training equipment; U.S. 
Government and contractor engineering; technical and logistics support 
services; and other related elements of logistical and program support. 
The total estimated program cost is $400 million.
    This proposed sale is consistent with United States law and policy 
as expressed in Public Law 96-8.
    This proposed sale contributes to the foreign policy and national 
security of the United States by helping to improve the security and 
defensive capability of the recipient, which has been and continues to 
be an important force for political stability, military balance, and 
economic progress in the region.
    The proposed sale improves the recipient's capability to provide 
early warning against current and future airborne threats. The SRP is a 
key component to the recipient's Command, Control, Communications, 
Computers, Intelligence Surveillance and Reconnaissance architecture. 
It will use the requested updates and sustainment as a defensive 
deterrent to regional threats and to strengthen its homeland defense. 
This potential sale will not introduce new capabilities, but will 
continue a similar sustainment package to one currently in place.
    The proposed sale of this equipment and support will not alter the 
basic military balance in the region.
    Currently, market research is being conducted to determine the 
viability of a qualified contractor in accordance with Federal 
Acquisition Regulations. The purchaser typically requests offsets, but 
any offsets will be determined between the purchaser and the 
contractor.
    Implementation of this proposed sale will not require the 
assignment of any additional U.S. Government or contractor 
representatives outside the United States.
    There will be no adverse impact on U.S. defense readiness as a 
result of this proposed sale.
Transmittal No. 16-75
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 purchaser currently owns an Early Warning Radar (EWR) that 
serves as a critical element to its Command, Control, Communications, 
Computers, Intelligence, Surveillance, and Reconnaissance (C4ISR) 
infrastructure. The radars provide a robust capability to detect, 
acquire, and track theater ballistic missiles, air breathing targets, 
and cruise missile threats. The system is able to operate in severe 
clutter and jamming environments amid high levels of background radio 
frequency interference. The follow on sustainment package requested 
will not introduce new capabilities.
    2. The highest classification of the hardware to be exported is 
UNCLASSIFIED. The highest classification of the technical documentation 
to be exported is SECRET. There are technical manuals as well as 
Engineering Change Proposals, drawings, and specifications required as 
part of the sustainment updates. Components requiring depot level 
maintenance will be shipped to the U.S. for servicing. The highest 
level of software to be exported is UNCLASSIFIED.
    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 weapon system 
effectiveness or be used in the development of a system with similar or 
advanced capabilities.
    4. 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.
    5. All defense articles and services listed in this transmittal are 
authorized for release and export to the Taipei Economic and Cultural 
Representative Office (TECRO) in the United States.
    1.

[FR Doc. 2017-15012 Filed 7-17-17; 8:45 am]
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