83 FR 47897 - Arms Sales Notification

DEPARTMENT OF DEFENSE
Office of the Secretary

Federal Register Volume 83, Issue 184 (September 21, 2018)

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

[Federal Register Volume 83, Number 184 (Friday, September 21, 2018)]
[Notices]
[Pages 47897-47899]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-20516]


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DEPARTMENT OF DEFENSE

Office of the Secretary

[Transmittal No. 18-11]


Arms Sales Notification

AGENCY: Defense Security Cooperation Agency, Department of Defense.

ACTION: Arms sales notice.

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

FOR FURTHER INFORMATION CONTACT: DSCA at dsca.ncr.lmo.mbx.info@mail.mil">dsca.ncr.lmo.mbx.info@mail.mil 
or (703) 697-9709.

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 18-11 with 
attached Policy Justification and Sensitivity of Technology.

    Dated: September 17, 2018.
Shelly E. Finke,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
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[[Page 47898]]

[GRAPHIC] [TIFF OMITTED] TN21SE18.003

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Transmittal No. 18-11
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 Kuwait
    (ii) Total Estimated Value:

Major Defense Equipment *...............................   $27.2 million
Other...................................................   $ 3.2 million
                                                         ---------------
  Total.................................................   $30.4 million
 

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

Three hundred (300) AGM-114R Hellfire Missiles
One (1) Warhead Section Assembly
One (1) Rocket Motor

Non-MDE:
    Also included in the sale are missile containers, nineteen (19) 
M261 2.75 tube rocket launchers, spare and repair parts, repair tools, 
personnel training, U.S. Government and contractor engineering, 
technical and logistical support services and other related elements of 
logistical and program support.
    (iv) Military Department: Army (KU-B-UBN)
    (v) Prior Related Cases, if any: KU-B-UMA--$38 million--5 Feb 2013

[[Page 47899]]

    (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 30, 2018

    * As defined in Section 47(6) of the Arms Export Control Act.

POLICY JUSTIFICATION

Kuwait--AGM-114R Hellfire Missiles

    The Government of Kuwait has requested to buy three hundred (300) 
AGM-114R Hellfire missiles, one (1) Warhead Section Assembly and one 
(1) Rocket Motor. Also included in the sale are missile containers, 
nineteen (19) M261 2.75 tube rocket launchers, spare and repair parts, 
repair tools, personnel training, U.S. Government and contractor 
engineering, technical and logistical support services and other 
related elements of logistical and program support. The estimated cost 
is $30.4 million.
    This proposed sale will support the foreign policy and national 
security objectives of the United States by helping to improve the 
security of a regional partner that is an important force for political 
stability and economic progress.
    The proposed sale improves Kuwait's capability to meet current and 
future threats. Kuwait will use the missiles to strengthen its homeland 
defense. Kuwait currently has the Hellfire missiles in its inventory 
and will have no difficulty absorbing these additional missiles.
    The proposed sale of this equipment and support will not alter the 
basic military balance in the region.
    The principal contractor will be Lockheed Martin Corporation, 
Orlando, Florida. There are no known offset agreements proposed in 
connection with this potential sale.
    Implementation of this proposed sale will require the assignment of 
approximately two U.S. Government or contractor representatives to 
travel to Kuwait for up to two weeks of training.
    There will be no adverse impact on U.S. defense readiness as a 
result of this proposed sale.
Transmittal No. 18-11
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 Hellfire. The AGM-114R is used against heavy and light 
armored targets, thin skinned vehicles, urban structures, bunkers, 
caves and personnel. The missile is Inertial Measure 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 analysis, 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. Loss 
or compromise of classified information associated with AGM-114R could 
lead to development of countermeasures or exploitation of system 
vulnerabilities by those obtaining the information.
    2. Software, hardware, and other data/information, which is 
classified or sensitive, is reviewed prior to release to protect system 
vulnerabilities, design data, and performance parameters. Some end item 
hardware, software, and other data identified above are classified at 
CONFIDENTIAL and SECRET levels. Potential compromise of these systems 
is controlled through management of the basic software programs of 
highly sensitive systems and software controlled weapon systems on a 
case-by-case basis.
    3. If a technologically advanced adversary obtained knowledge of 
the specific hardware and software elements, the information could be 
used to develop countermeasures or equivalent systems which might 
reduce weapons system effectiveness or be used in the development of a 
system with similar or advanced capabilities.
    4. A determination has been made that Kuwait can provide 
substantially the same degree of protection for the AGM-114R Hellfire 
Missiles as the U.S. Government. The sale of these missiles to Kuwait 
is necessary in the furtherance of the U.S. foreign policy and national 
security objectives outlined in the policy justification.
    5. All defense articles and services listed on this transmittal are 
authorized for release and export to the Government of Kuwait.

[FR Doc. 2018-20516 Filed 9-20-18; 8:45 am]
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