82 FR 37084 - 36(b)(1) Arms Sales Notification

DEPARTMENT OF DEFENSE
Office of the Secretary

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

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

[Federal Register Volume 82, Number 151 (Tuesday, August 8, 2017)]
[Notices]
[Pages 37084-37085]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-16621]



[[Page 37084]]

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DEPARTMENT OF DEFENSE

Office of the Secretary

[Transmittal No. 17-35]


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 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 17-35 with 
attached Policy Justification and Sensitivity of Technology.

    Dated: August 2, 2017.
Aaron Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
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[GRAPHIC] [TIFF OMITTED] TN08AU17.002


[[Page 37085]]


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Transmittal No. 17-35
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: Government of Romania
    (ii) Total Estimated Value:

Major Defense Equipment *...............................    $1.3 billion
Other...................................................    $2.6 billion
                                                         ---------------
    TOTAL...............................................    $3.9 billion
 

    (iii) Description and Quantity or Quantities of Articles or 
Services under Consideration for Purchase: Seven (7) Phased Array 
Tracking to Intercept of Target (Patriot) Configuration-3+ Modernized 
Fire Units consisting of:
    Major Defense Equipment (MDE):

Seven (7) AN/MPQ-65 Radar Sets
Seven (7) AN/MSQ-132 Engagement Control Stations
Thirteen (13) Antenna Mast Groups
Twenty-eight (28) M903 Launching Stations
Fifty-six (56) Patriot MIM-104E Guidance Enhanced Missile Tactical 
Ballistic Missile (GEM-T) Missiles
One hundred sixty-eight (168) Patriot Advanced Capability-3 (PAC-3) 
Missile Segment Enhancement (MSE) Missiles
Seven (7) Electrical Power Plants (EPP) III

    Non-MDE includes:
    Also included with this request are communications equipment, tools 
and test equipment, support equipment, prime movers, generators, 
publications and technical documentation, training equipment, spare and 
repair parts, personnel training, TAFT team, U.S. Government and 
contractor technical, engineering, and logistics support services, 
Systems Integration and Checkout (SICO), field office support, and 
other related elements of logistics and program support.
    (iv) Military Department: Army
    (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: July 10, 2017
    * As defined in Section 47(6) of the Arms Export Control Act.

POLICY JUSTIFICATION

Romania--Patriot Air Defense System and Related Support and Equipment

    The Government of Romania has requested the possible sale of seven 
(7) Patriot Configuration-3+ Modernized Fire Units consisting of: seven 
(7) AN/MPQ-65 radar sets, seven (7) AN/MSQ-132 engagement control 
stations, thirteen (13) antenna mast groups, twenty-eight (28) M903 
launching stations, fifty-six (56) Patriot MIM-104E Guidance Enhanced 
Missile-TBM (GEM-T) missiles, one hundred and sixty-eight (168) Patriot 
Advanced Capabilty-3 (PAC-3) Missile Segment Enhancement (MSE) 
missiles, and seven (7) Electrical Power Plants (EPP) III. Also 
included with this request are communications equipment, tools and test 
equipment, support equipment, prime movers, generators, publications 
and technical documentation, training equipment, spare and repair 
parts, personnel training, TAFT team, U.S. Government and contractor 
technical, engineering, and logistics support services, Systems 
Integration and Checkout (SICO), field office support, and other 
related elements of logistics and program support. The total estimated 
program cost is $3.9 billion.
    This proposed sale will enhance the foreign policy and national 
security objectives of the United States by helping to improve the 
security of a NATO ally that has been, and continues to be an important 
force for political stability and economic progress within Europe. The 
proposed sale of the Patriot system will support Romania's needs for 
its own self-defense and support NATO defense goals.
    Romania will use the Patriot missile system to strengthen its 
homeland defense and deter regional threats. The proposed sale will 
increase the defensive capabilities of the Romanian military to guard 
against aggression and shield the NATO allies who often train and 
operate within Romania's borders. Romania should have no difficulty 
absorbing this system into its armed forces.
    The proposed sale of these missiles and equipment will not alter 
the basic military balance in the region.
    The prime contractors will be Raytheon Corporation in Andover, 
Massachusetts, and Lockheed-Martin in Dallas, Texas. There are no known 
offset agreements proposed in connection with this potential sale.
    Implementation of this proposed sale will require approximately 30 
U.S. Government and 40 contractor representatives to travel to Romania 
for an extended period for equipment de-processing/fielding, system 
checkout, training, and technical and logistics support.
    There will be no adverse impact on U.S. defense readiness as a 
result of this proposed sale.
Transmittal No. 17-35
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. The Patriot Air Defense System contains classified CONFIDENTIAL 
hardware components, SECRET tactical software and CRITICAL/SENSITIVE 
technology. Patriot ground support equipment and Patriot missile 
hardware is classified CONFIDENTIAL and the associated launcher 
hardware is UNCLASSIFIED. Information on system performance 
capabilities, effectiveness, survivability, missile seeker 
capabilities, select software/software documentation and test data are 
classified up to and including SECRET. The items requested represent 
significant technological advances for Romania Patriot. The Patriot Air 
Defense System continues to hold a significant technology lead over 
other surface-to-air missile systems in the world.
    2. The Patriot Air Defense System's sensitive/critical technology 
is primarily in the area of design and production know-how and 
primarily inherent in the design, development and/or manufacturing data 
related to certain components. The list of components is classified 
CONFIDENTIAL. For more information contact the PEO Missiles and Space 
Lower Tier Project Office.
    3. The loss of this hardware, software, documentation and/or data 
could permit development of information which may lead to a significant 
threat to future U.S. military operations. If an adversary were to 
obtain this sensitive technology, the missile system effectiveness 
could be compromised through reverse engineering techniques.
    4. This proposed 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 
have been authorized for release and export to Romania.

[FR Doc. 2017-16621 Filed 8-7-17; 8:45 am]
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