82 FR 9994 - 36(b)(1) Arms Sales Notification

DEPARTMENT OF DEFENSE
Office of the Secretary

Federal Register Volume 82, Issue 26 (February 9, 2017)

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, Number 26 (Thursday, February 9, 2017)]
[Notices]
[Pages 9994-9996]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-02708]



[[Page 9994]]

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

DEPARTMENT OF DEFENSE

Office of the Secretary

[Transmittal No. 16-85]


36(b)(1) Arms Sales Notification

AGENCY: Department of Defense, Defense Security Cooperation Agency.

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, DSCA/SA&E-RAN, (703) 
697-9107.
    The following is a copy of a letter to the Speaker of the House of 
Representatives, Transmittal 16-85 with attached Policy Justification 
and Sensitivity of Technology.

    Dated: February 6, 2017.
Aaron Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.

[[Page 9995]]

[GRAPHIC] [TIFF OMITTED] TN09FE17.001

Transmittal No. 16-85
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: Republic of Korea
    (ii) Total Estimated Value:

Major Defense Equipment*.................  $60 million
Other....................................  $10 million
                                          ------------------------------
  Total..................................  $70 million
 

    (iii) Description and Quantity or Quantities of Articles or 
Services under Consideration for Purchase:
    Major Defense Equipment (MDE):
Sixty (60) AIM-9X-2 Sidewinder Block II All-Up-Round Missiles
Six (6) AIM-9X-2 Block II Tactical Guidance Units

    Non-MDE include: Containers, spares and missile support, U.S. 
government and contractor technical assistance, and other related 
elements of logistics support.
    (iv) Military Department: Navy (KS-P-AMA)

[[Page 9996]]

    (v) Prior Related Cases, if any: FMS Case KS-P-AKR, KS-P-AKZ
    (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 Annex Attached.
    (viii) Date Report Delivered to Congress: January 31, 2017.
    *As defined in Section 47(6) of the Arms Export Control Act.

POLICY JUSTIFICATION

Republic of Korea--AIM-9X-2 Sidewinder Missiles

    The Government of the Republic of Korea (ROK) has requested a 
possible sale of sixty (60) AIM-9X-2 Sidewinder Block II All-up-Round 
Missiles and six (6) AIM-9X-2 Block II Tactical Guidance Units, 
containers, spares and missile support, U.S. Government and contractor 
technical assistance, and other related elements of logistics support. 
The estimated cost is $70 million.
    This proposed sale contributes to the foreign policy and national 
security of the United States. The ROK is one of the major political 
and economic powers in East Asia and the Western Pacific and a key 
partner of the United States in ensuring peace and stability in the 
region. It is vital to U.S. national interests to assist our Korean 
ally in developing and maintaining a strong and ready self-defense 
capability. This sale increases the ROK's capability to participate in 
Pacific regional security operations and improves its national security 
posture as a key U.S. ally.
    The ROK intends to use the AIM-9X-2 Sidewinder Block II missiles to 
supplement its existing inventory of AIM-9X-2 Block II missiles. The 
ROK will use the enhanced capability as a deterrent to regional threats 
and to strengthen its homeland defense. The ROK will have no difficulty 
absorbing these additional missiles into its armed forces.
    The proposed sale of this equipment and support does not affect the 
basic military balance in the region.
    The principal contractor is Raytheon Missile Systems Company, 
Tucson, AZ. At this time, there are no known offset agreements proposed 
in connection with this potential sale.
    Implementation of this proposed sale will not require the 
assignment of any additional U.S. Government or contractor 
representatives to the Republic of Korea. However, U.S. Government or 
contractor personnel in-country visits will be required on a temporary 
basis in conjunction with program technical oversight and support 
requirements.
    There will be no adverse impact on U.S. defense readiness as a 
result of this proposed sale.
Transmittal No. 16-85
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 AIM-9X-2 Block II Sidewinder Missile represents a 
substantial increase in missile acquisition and kinematics performance 
over the AIM-9M and replaces the AIM-9X Block I Missile configuration. 
The missile includes a high off-bore sight seeker, enhanced 
countermeasures rejection capability, low drag/high angle of attack 
airframe and the ability to integrate the Helmet Mounted Cueing System. 
The software algorithms are the most sensitive portion of the AIM-9X-2 
missile. The software continues to be modified via a pre-planned 
production improvement (P3I) program in order to improve its counter-
countermeasure capabilities. No software source code or algorithms will 
be released. The missile is classified as CONFIDENTIAL.
    2. The AIM-9X-2 will result in the transfer of sensitive technology 
and information. The equipment, hardware, and documentation are 
classified CONFIDENTIAL. The software and operation performance are 
classified SECRET. The seeker/guidance control section and the target 
detector are CONFIDENTIAL and contain sensitive state-of-the-art 
technology. Manuals and technical documentation that are necessary for 
support operational use and organizational management are classified to 
SECRET. Performance and operating logic of the counter-measures 
circuits are classified SECRET. The hardware, software, and data 
identified are classified to protect vulnerabilities, design and 
performance parameters and similar critical information.
    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 system 
effectiveness or be used in the development of a system with similar or 
advanced capabilities.
    4. A determination has been made that the recipient country can 
provide 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 
outlines in the Policy Justification.
    5. All defense articles and services listed in this transmittal 
have been authorized for release and export to the Republic of Korea.

[FR Doc. 2017-02708 Filed 2-8-17; 8:45 am]
 BILLING CODE 5001-06-P