82_FR_37233 82 FR 37082 - Arms Sales Notification

82 FR 37082 - Arms Sales Notification

DEPARTMENT OF DEFENSE
Office of the Secretary

Federal Register Volume 82, Issue 151 (August 8, 2017)

Page Range37082-37083
FR Document2017-16632

The Department of Defense is publishing the unclassified text of an arms sales notification.

Federal Register, Volume 82 Issue 151 (Tuesday, August 8, 2017)
[Federal Register Volume 82, Number 151 (Tuesday, August 8, 2017)]
[Notices]
[Pages 37082-37083]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-16632]



[[Page 37082]]

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DEPARTMENT OF DEFENSE

Office of the Secretary

[Transmittal No. 17-25]


Arms Sales Notification

AGENCY: Defense Security Cooperation Agency, Department of Defense.

ACTION: Arms sales notice.

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

SUMMARY: The Department of Defense is publishing the unclassified text 
of an arms sales notification.

FOR FURTHER INFORMATION CONTACT: Pamela Young, (703) 697-9107, 
[email protected] or Kathy Valadez, (703) 697-9217, 
[email protected]; 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 17-25 with 
attached Policy Justification and Sensitivity of Technology.

    Dated: August 2, 2017.
Aaron Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[GRAPHIC] [TIFF OMITTED] TN08AU17.000


[[Page 37083]]


Transmittal No. 17-25
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: The Government of the Netherlands
    (ii) Total Estimated Value:

 
Major Defense Equipment*.................  $30 million
Other....................................  $4 million
                                          ------------------------------
    Total................................  $34 million
 

    (iii) Description and Quantity or Quantities of Articles or 
Services under Consideration for Purchase:
    Foreign Military Sales (FMS) case NE-B-WFV, implemented in June 
2013, was below congressional notification threshold at $26.3M ($20M in 
MDE) and included one hundred and eighty (180) AGM-114R Hellfire II 
Missiles and twenty-four (24) M36E8 Captive Air Training Missiles 
(CATM). The Netherlands has requested the case be amended to include an 
additional seventy (70) AGM-114R Hellfire II missiles. This amendment 
will push the current case above the MDE notification threshold and 
thus requires notification of the entire case.
    Major Defense Equipment (MDE):
Two hundred fifty (250) AGM-114R Hellfire II Missiles
Twenty-four (24) M36E8 Captive Air Training Missiles (CATM)
    Non-MDE includes: Hellfire missile cutaway model, AGM-114R missile 
spare parts, a Launcher Test Station (LTS), LTS spares, two (2) 
maintenance support devices, integrated logistics support tools, M299 
launcher software upgrade and testing, aircrew familiarization 
training, launcher test station training, unclassified publications, 
technical assistance, AN/AWM-101A software, CATM spare parts and 
related support services, and other related elements of logistics and 
program support.
    (iv) Military Department: Army
    (v) Prior Related Cases, if any: NE-B-WFV
    (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: July 11, 2017
    * As defined in Section 47(6) of the Arms Export Control Act.

POLICY JUSTIFICATION

Government of the Netherlands--AGM-114R Hellfire Missiles

    The Government of the Netherlands has requested the possible sale 
of an additional seventy (70) AGM-114R Hellfire II missiles to a 
previously implemented case for Hellfire missiles. The original FMS 
case, valued at $26.3M, included one hundred and eighty (180) AGM-114R 
Hellfire II Missiles and twenty-four (24) M36E8 Captive Air Training 
Missiles (CATM) with various support elements. Therefore, this case is 
for a total of two hundred fifty (250) AGM-114R Hellfire II Missiles, 
twenty-four (24) M36E8 CATMs, to include Hellfire missile cutaway 
model, AGM-114R missile spare parts, a Launcher Test Station (LTS), LTS 
spares, two (2) maintenance support devices, integrated logistics 
support tools, M299 launcher software upgrade and testing, aircrew 
familiarization training, launcher test station training, unclassified 
publications, technical assistance, AN/AWM-101A software, CATM spare 
parts and related support services, and other related elements of 
logistics and program support. The estimated total case value is $34 
million.
    This proposed sale will enhance the foreign policy and national 
security objectives of the United States by helping to improve the 
security of the Netherlands which has been, and continues to be an 
important force for political stability and economic progress in 
Europe. It is vital to the U.S. national interests to assist the 
Netherlands to develop and maintain a strong and ready self-defense 
capability.
    The proposed sale will improve the Netherlands' capability to meet 
current and future threats and will be employed on the Netherlands' AH-
64D Apache helicopters. The Netherlands will use this capability to 
strengthen its homeland defense, deter regional threats, and provide 
direct support to coalition operations. The Netherlands will have no 
difficulty absorbing these missiles into its armed forces.
    The proposed sale of these missiles will not alter the basic 
military balance in the region.
    The principal contractor will be Lockheed Martin. The purchaser 
typically requests offsets. Any offset agreement will be defined in 
negotiations between the purchaser and the contractor.
    Implementation of this proposed sale will not require the 
assignment of any additional U.S. Government personnel or contractor 
representatives to the Netherlands.
    There will be no adverse impact on U.S. defense readiness as a 
result of this proposed sale.
Transmittal No. 17-25
Notice of Proposed Issuance of Letter of Offer Pursuant to Section 
36(b)(1) of the Arms Export Control Act
Annex Item No. vii
    (vii) Sensitivity of Technology:
    1. AGM-114R: The AGM-114R is used against heavy and light armored 
targets, thin skinned vehicles, urban structures, bunkers, caves and 
personnel. The missile is Inertial Measurement Unit (IMU) based, with a 
variable delay fuse, improved safety and reliability. The highest level 
for release of the AGM-114R is SECRET. Software and firmware 
documentation (e.g., Data Processing, Software Requirements, Source 
Code, Algorithms) are not authorized for disclosure. The highest level 
of classified information that could be disclosed by a proposed sale or 
by testing of the end item is up to and including SECRET. The highest 
level that must be disclosed for production, maintenance, or training 
is up to and including SECRET. Vulnerability data, countermeasures, 
vulnerability/susceptibility analyses, and threat definitions are 
classified SECRET or CONFIDENTIAL. Detailed information to include 
discussions, reports and studies of system capabilities, 
vulnerabilities and limitations that leads to conclusions on specific 
tactics or other counter-countermeasures (CCM) are not authorized for 
disclosure. Reverse engineering could reveal SECRET information.
    2. 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 weapons systems 
effectiveness or be used in the development of a system with similar or 
advanced capabilities.
    3. A determination has been made that the Government of the 
Netherlands can provide substantially the same degree of protection for 
the sensitive technology being released as the U.S. Government. This 
proposed sale is necessary to the furtherance of the U.S. foreign 
policy and national security objectives outlined in the policy 
justification.
    4. All defense articles and services listed in this transmittal are 
authorized for release and export to the Government of the Netherlands.

[FR Doc. 2017-16632 Filed 8-7-17; 8:45 am]
 BILLING CODE 5001-06-P



                                                    37082                         Federal Register / Vol. 82, No. 151 / Tuesday, August 8, 2017 / Notices

                                                    DEPARTMENT OF DEFENSE                                   SUMMARY:   The Department of Defense is               published to fulfill the requirements of
                                                                                                            publishing the unclassified text of an                section 155 of Public Law 104–164
                                                    Office of the Secretary                                 arms sales notification.                              dated July 21, 1996. The following is a
                                                                                                            FOR FURTHER INFORMATION CONTACT:                      copy of a letter to the Speaker of the
                                                    [Transmittal No. 17–25]                                 Pamela Young, (703) 697–9107,                         House of Representatives, Transmittal
                                                                                                            pamela.a.young14.civ@mail.mil or                      17–25 with attached Policy Justification
                                                    Arms Sales Notification                                 Kathy Valadez, (703) 697–9217,                        and Sensitivity of Technology.
                                                    AGENCY: Defense Security Cooperation                    kathy.a.valadez.civ@mail.mil; DSCA/                     Dated: August 2, 2017.
                                                    Agency, Department of Defense.                          DSA–RAN.                                              Aaron Siegel,
                                                                                                            SUPPLEMENTARY INFORMATION: This                       Alternate OSD Federal Register Liaison
                                                    ACTION: Arms sales notice.
                                                                                                            36(b)(1) arms sales notification is                   Officer, Department of Defense.
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                                                                                          Federal Register / Vol. 82, No. 151 / Tuesday, August 8, 2017 / Notices                                                  37083

                                                    Transmittal No. 17–25                                            additional seventy (70) AGM–114R                      Transmittal No. 17–25
                                                    Notice of Proposed Issuance of Letter of                         Hellfire II missiles to a previously
                                                                                                                                                                           Notice of Proposed Issuance of Letter of
                                                    Offer Pursuant to Section 36(b)(1) of the                        implemented case for Hellfire missiles.
                                                                                                                                                                           Offer Pursuant to Section 36(b)(1) of the
                                                    Arms Export Control Act, as amended                              The original FMS case, valued at
                                                                                                                                                                           Arms Export Control Act
                                                                                                                     $26.3M, included one hundred and
                                                      (i) Prospective Purchaser: The                                 eighty (180) AGM–114R Hellfire II                     Annex Item No. vii
                                                    Government of the Netherlands                                    Missiles and twenty-four (24) M36E8
                                                      (ii) Total Estimated Value:                                    Captive Air Training Missiles (CATM)                     (vii) Sensitivity of Technology:
                                                                                                                     with various support elements.                           1. AGM–114R: The AGM–114R is
                                                    Major Defense Equipment* ..                    $30 million       Therefore, this case is for a total of two            used against heavy and light armored
                                                    Other ......................................   $4 million        hundred fifty (250) AGM–114R Hellfire                 targets, thin skinned vehicles, urban
                                                          Total ................................   $34 million
                                                                                                                     II Missiles, twenty-four (24) M36E8                   structures, bunkers, caves and
                                                                                                                     CATMs, to include Hellfire missile                    personnel. The missile is Inertial
                                                      (iii) Description and Quantity or                              cutaway model, AGM–114R missile                       Measurement Unit (IMU) based, with a
                                                    Quantities of Articles or Services under                         spare parts, a Launcher Test Station                  variable delay fuse, improved safety and
                                                    Consideration for Purchase:                                      (LTS), LTS spares, two (2) maintenance
                                                      Foreign Military Sales (FMS) case                                                                                    reliability. The highest level for release
                                                                                                                     support devices, integrated logistics                 of the AGM–114R is SECRET. Software
                                                    NE–B–WFV, implemented in June 2013,                              support tools, M299 launcher software
                                                    was below congressional notification                                                                                   and firmware documentation (e.g., Data
                                                                                                                     upgrade and testing, aircrew                          Processing, Software Requirements,
                                                    threshold at $26.3M ($20M in MDE) and                            familiarization training, launcher test
                                                    included one hundred and eighty (180)                                                                                  Source Code, Algorithms) are not
                                                                                                                     station training, unclassified                        authorized for disclosure. The highest
                                                    AGM–114R Hellfire II Missiles and                                publications, technical assistance, AN/
                                                    twenty-four (24) M36E8 Captive Air                                                                                     level of classified information that could
                                                                                                                     AWM–101A software, CATM spare                         be disclosed by a proposed sale or by
                                                    Training Missiles (CATM). The                                    parts and related support services, and
                                                    Netherlands has requested the case be                                                                                  testing of the end item is up to and
                                                                                                                     other related elements of logistics and
                                                    amended to include an additional                                                                                       including SECRET. The highest level
                                                                                                                     program support. The estimated total
                                                    seventy (70) AGM–114R Hellfire II                                                                                      that must be disclosed for production,
                                                                                                                     case value is $34 million.
                                                    missiles. This amendment will push the                                                                                 maintenance, or training is up to and
                                                    current case above the MDE notification                             This proposed sale will enhance the                including SECRET. Vulnerability data,
                                                    threshold and thus requires notification                         foreign policy and national security                  countermeasures, vulnerability/
                                                    of the entire case.                                              objectives of the United States by                    susceptibility analyses, and threat
                                                      Major Defense Equipment (MDE):                                 helping to improve the security of the                definitions are classified SECRET or
                                                    Two hundred fifty (250) AGM–114R                                 Netherlands which has been, and                       CONFIDENTIAL. Detailed information
                                                         Hellfire II Missiles                                        continues to be an important force for                to include discussions, reports and
                                                    Twenty-four (24) M36E8 Captive Air                               political stability and economic progress
                                                                                                                                                                           studies of system capabilities,
                                                         Training Missiles (CATM)                                    in Europe. It is vital to the U.S. national
                                                      Non-MDE includes: Hellfire missile                                                                                   vulnerabilities and limitations that leads
                                                                                                                     interests to assist the Netherlands to
                                                    cutaway model, AGM–114R missile                                                                                        to conclusions on specific tactics or
                                                                                                                     develop and maintain a strong and
                                                    spare parts, a Launcher Test Station                             ready self-defense capability.                        other counter-countermeasures (CCM)
                                                    (LTS), LTS spares, two (2) maintenance                                                                                 are not authorized for disclosure.
                                                                                                                        The proposed sale will improve the                 Reverse engineering could reveal
                                                    support devices, integrated logistics                            Netherlands’ capability to meet current
                                                    support tools, M299 launcher software                                                                                  SECRET information.
                                                                                                                     and future threats and will be employed
                                                    upgrade and testing, aircrew                                     on the Netherlands’ AH–64D Apache                        2. If a technologically advanced
                                                    familiarization training, launcher test                          helicopters. The Netherlands will use                 adversary were to obtain knowledge of
                                                    station training, unclassified                                   this capability to strengthen its                     the specific hardware and software
                                                    publications, technical assistance, AN/                          homeland defense, deter regional                      elements, the information could be used
                                                    AWM–101A software, CATM spare                                    threats, and provide direct support to                to develop countermeasures which
                                                    parts and related support services, and                          coalition operations. The Netherlands                 might reduce weapons systems
                                                    other related elements of logistics and                          will have no difficulty absorbing these               effectiveness or be used in the
                                                    program support.                                                 missiles into its armed forces.                       development of a system with similar or
                                                      (iv) Military Department: Army                                                                                       advanced capabilities.
                                                      (v) Prior Related Cases, if any: NE–B–                            The proposed sale of these missiles
                                                    WFV                                                              will not alter the basic military balance                3. A determination has been made
                                                      (vi) Sales Commission, Fee, etc., Paid,                        in the region.                                        that the Government of the Netherlands
                                                    Offered, or Agreed to be Paid: None                                 The principal contractor will be                   can provide substantially the same
                                                      (vii) Sensitivity of Technology                                Lockheed Martin. The purchaser                        degree of protection for the sensitive
                                                    Contained in the Defense Article or                              typically requests offsets. Any offset                technology being released as the U.S.
                                                    Defense Services Proposed to be Sold:                            agreement will be defined in                          Government. This proposed sale is
                                                    See Attached Annex                                               negotiations between the purchaser and                necessary to the furtherance of the U.S.
                                                      (viii) Date Report Delivered to                                                                                      foreign policy and national security
                                                                                                                     the contractor.
                                                    Congress: July 11, 2017
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                                                                                                                                                                           objectives outlined in the policy
                                                      * As defined in Section 47(6) of the                              Implementation of this proposed sale
                                                                                                                                                                           justification.
                                                    Arms Export Control Act.                                         will not require the assignment of any
                                                                                                                     additional U.S. Government personnel                     4. All defense articles and services
                                                    POLICY JUSTIFICATION                                             or contractor representatives to the                  listed in this transmittal are authorized
                                                    Government of the Netherlands—AGM–                               Netherlands.                                          for release and export to the
                                                    114R Hellfire Missiles                                              There will be no adverse impact on                 Government of the Netherlands.
                                                      The Government of the Netherlands                              U.S. defense readiness as a result of this            [FR Doc. 2017–16632 Filed 8–7–17; 8:45 am]
                                                    has requested the possible sale of an                            proposed sale.                                        BILLING CODE 5001–06–P




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Document Created: 2017-08-08 00:18:05
Document Modified: 2017-08-08 00:18:05
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
ActionArms sales notice.
ContactPamela Young, (703) 697-9107, [email protected] or Kathy Valadez, (703) 697-9217, [email protected]; DSCA/DSA-RAN.
FR Citation82 FR 37082 

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