82 FR 32801 - 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 32801-32803]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-15018]


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DEPARTMENT OF DEFENSE

Office of the Secretary

[Transmittal No. 16-74]


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 16-74 with 
attached Policy Justification.

    Dated: July 13, 2017.
Aaron Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.

[[Page 32802]]

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[[Page 32803]]


Transmittal No. 16-74
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*...............  $47.5
Other..................................  $100.0
rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr
    Total..............................  $147.5
 

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

    Major Defense Equipment (MDE):
Fifty (50) AGM-88B High-Speed Anti-Radiation Missiles (HARMs)
Ten (10) AGM-88B Training HARMs
    Non-MDE includes:
HARM integration, LAU-l 18A Launchers, missile containers, spare and 
repair parts, support and test equipment, Joint Mission Planning System 
update, 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 (QBZ)
    (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 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--AGM-88B High-Speed Anti-Radiation Missiles (HARM)

    TECRO requested a possible sale of fifty (50) AGM-88B HARMs and ten 
(10) AGM-88B Training HARMs. This request also includes: HARM 
integration, LAU-l 18A Launchers, missile containers, spare and repair 
parts, support and test equipment, Joint Mission Planning System 
update, 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 
$147.5 million.
    This proposed sale is consistent with U.S. law and policy as 
expressed in Public Law 96-8.
    This proposed sale serves U.S. national, economic, and security 
interests by supporting the recipient's continuing efforts to modernize 
its armed forces and to maintain a credible defensive capability. The 
proposed sale will help improve the security of the recipient and 
assist in maintaining political stability, military balance, and 
economic progress in the region.
    The proposed sale will improve the recipient's capability in 
current and future defensive efforts. The recipient will use the 
enhanced capability as a deterrent to regional threats and to 
strengthen homeland defense. The recipient 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.
    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. 16-74
Notice of Proposed Issuance of Letter of Offer Pursuant to Section 
36(b)(l) of the Arms Export Control Act
Annex Item No. vii
    (iii) Sensitivity of Technology:
    1. AGM-88B High-Speed Anti-Radiation Missile (HARM) is a supersonic 
air-to-surface missile designed to seek and destroy enemy radar-
equipped air defense systems. HARM has a proportional guidance system 
that hones in on enemy radar emissions through a fixed antenna and 
seeker head in the missile nose. The missile consists of four sections; 
guidance section, warhead, control section, and rocket motor.
    2. The highest classification of the hardware to be exported is 
SECRET. The highest classification of the technical documentation to be 
exported is SECRET, but no radar cross section and infrared signature 
data nor U.S.-only tactics or tactical doctrine will be disclosed. The 
highest classification of the software to be exported is SECRET; 
however, no software source code will be disclosed. All reprogramming 
of missile microprocessor memories must be accomplished by U.S. 
Government personnel or U.S. Government approved contractors.
    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. A 
determination has been made that the recipient country can provide 
substantially 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 and in 
accordance with the Taiwan Relations Act.
    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.

[FR Doc. 2017-15018 Filed 7-17-17; 8:45 am]
 BILLING CODE 5001-06-P