83_FR_54539 83 FR 54330 - Arms Sales Notification

83 FR 54330 - Arms Sales Notification

DEPARTMENT OF DEFENSE
Office of the Secretary

Federal Register Volume 83, Issue 209 (October 29, 2018)

Page Range54330-54332
FR Document2018-23601

The Department of Defense is publishing the unclassified text of a section 36(b)(1) arms sales notification.

Federal Register, Volume 83 Issue 209 (Monday, October 29, 2018) 
[Federal Register Volume 83, Number 209 (Monday, October 29, 2018)]
[Notices]
[Pages 54330-54332]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-23601]


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DEPARTMENT OF DEFENSE

Office of the Secretary

[Transmittal No. 18-35]


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 a section 36(b)(1) 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 18-35 with 
attached Policy Justification and Sensitivity of Technology.

    Dated: October 24, 2018.
Aaron T. Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.

[[Page 54331]]

[GRAPHIC] [TIFF OMITTED] TN29OC18.005

Transmittal No. 18-35
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: Republic of Korea
    (ii) Total Estimated Value:

Major Defense Equipment *................  $365 million
Other....................................  $136 million
                                          ------------------------------
  TOTAL..................................  $501 million
 

    (iii) Description and Quantity or Quantities of Articles or 
Services under Consideration for Purchase:
    Major Defense Equipment (MDE): Sixty-four (64) Patriot Advanced 
Capability-3 (PAC-3) Missile Segment Enhancement (MSE) Missiles
    Non-MDE: Also included are two (2) PAC-MSE Test Missiles, range and 
test programs, publications and technical documentations, training 
equipment, spare parts, personnel training, U.S. Government and 
contractor technical, engineering, and logistics support services, and 
other related elements of logistics and program support.
    (iv) Military Department: Army (KS-B-ZGT)
    (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

[[Page 54332]]

Defense Services Proposed to be Sold: See Annex Attached
    (viii) Date Report Delivered to Congress: September 13, 2018
    * As defined in Section 47(6) of the Arms Export Control Act.

POLICY JUSTIFICATION

Korea--Patriot Advanced Capabilitv-3 (PAC-3) Missile Segment 
Enhancement (MSE) Missiles

    The Republic of Korea (ROK) has requested to buy sixty four (64) 
Patriot Advanced Capability-3 (PAC-3) Missile Segment Enhancement (MSE) 
Missiles. Also included are two (2) PAC-MSE Test Missiles, range and 
test programs, publications and technical documentations, training 
equipment, spare parts, personnel training, U.S. Government and 
contractor technical, engineering, and logistics support services, and 
other related elements of logistics and program support. The total 
estimated program cost is $501 million.
    The ROK is one of the closest allies in the INDOPACOM Theater. The 
proposed sale will support U.S. foreign policy and national security 
objectives by meeting Korea's legitimate security and defense needs.
    The ROK will use the Patriot missile system to improve its missile 
defense capability, defend its territorial integrity and deter threats 
to regional stability. The proposed sale will increase the defensive 
capabilities of the ROK Military to guard against hostile aggression 
and shield the allies who train and operate within South Korea's 
borders. The ROK should have no difficulty absorbing this system into 
its armed forces.
    The proposed sale of this equipment and support does not alter the 
basic military balance in the region.
    The prime contractor will be Lockheed-Martin, Dallas, Texas. There 
are no known offset agreements expected to be 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.
    There will be no adverse impact on U.S. defense readiness as a 
result of this proposed sale.
Transmittal No. 18-35
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. The Patriot Advanced Capability-3 (PAC-3) Missile Segment 
Enhancement (MSE) hardware is classified CONFIDENTIAL and the 
associated launcher hardware is UNCLASSIFIED. With the incorporation of 
the PAC-3 MSE missiles, the Patriot system will continue to hold a 
significant technology lead over other surface-to-air missile systems 
in the world.
    2. The PAC-3 MSE 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.
    3. Information on system performance capabilities, effectiveness, 
survivability, missile seeker capabilities, select software/software 
documentation and test data are classified up to and including SECRET.
    4. If a technologically advanced adversary were to obtain knowledge 
of the specific hardware and software elements, the information could 
be used to develop countermeasures that might reduce weapon system 
effectiveness or be used in the development of a system with similar or 
advanced capabilities.
    5. A determination has been made that the recipient government can 
provide substantially the same degree of protection for the technology 
being released as the U.S. Government. This sale supports the U.S. 
foreign policy and national security objectives as outlined in the 
Policy Justification.
    6. All defense articles and services listed in this transmittal 
have been authorized for release and export to the ROK.

[FR Doc. 2018-23601 Filed 10-26-18; 8:45 am]
 BILLING CODE 5001-06-P

54330 Federal Register / Vol. 83, No. 209 / Monday, October 29, 2018 / Notices Register document. The general policy debarred/Bidder Experience List firms Dated: October 24, 2018. for comments and other submissions or individuals. The EUC informs the Aaron T. Siegel, from members of the public is to make recipients that when this property is to Alternate OSD Federal Register Liaison these submissions available for public be exported, they must comply with the Officer, Department of Defense. viewing on the internet at http:// International Traffic in Arms Regulation [FR Doc. 2018–23579 Filed 10–26–18; 8:45 am] www.regulations.gov as they are (ITAR), 22 CFR 120 et seq.; Export BILLING CODE 5001–06–P received without change, including any Administration Regulations (EAR), 15 personal identifiers or contact CFR 730 et seq.; Office of Foreign Asset information. Controls (OFAC), 31 CFR 500 et seq.; DEPARTMENT OF DEFENSE and the United States Customs Service FOR FURTHER INFORMATION CONTACT: To Office of the Secretary rules and regulations. request more information on this Affected Public: Individuals or proposed information collection or to [Transmittal No. 18–35] households; business or other for-profit; obtain a copy of the proposal and not-for-profit institutions. associated collection instruments, Arms Sales Notification Annual Burden Hours: 14,000. please write to Defense Logistics Agency Number of Respondents: 42,000. AGENCY: Defense Security Cooperation Headquarters, ATTN: Mr. Steven Nace, Responses per Respondent: 1. J349, 8725 John J. Kingman Rd., Ft. Agency, Department of Defense. Annual Responses: 42,000. ACTION: Arms sales notice. Belvoir, VA 22060–6221; or call (571) Average Burden per Response: 20 767–6582. minutes. SUMMARY: The Department of Defense is SUPPLEMENTARY INFORMATION: Frequency: On occasion. publishing the unclassified text of a Title; Associated Form; and OMB Respondents are individuals/ section 36(b)(1) arms sales notification. Number: End-Use Certificate; DLA Form businesses/contractors who receive FOR FURTHER INFORMATION CONTACT: 1822; OMB Control Number 0704–0382. defense property identified as U.S. DSCA at dsca.ncr.lmo.mbx.info@ Needs and Uses: All individuals Munitions List Items and Commerce mail.mil or (703) 697–9709. wishing to acquire DOD/Government Control List Items through: Purchase, SUPPLEMENTARY INFORMATION: This property identified as U.S. Munitions exchange/trade sale, authorized transfer List Items (MLI) or Commerce Control or donation. They are checked to 36(b)(1) arms sales notification is List Item (CCLI) must complete this determine if they are responsible, not published to fulfill the requirements of form each time they enter into a debarred bidders, Specially Designated section 155 of Public Law 104–164 transaction. It is used to clear recipients Nationals or Blocked Persons, or have dated July 21, 1996. The following is a to ensure their eligibility to conduct not violated U.S. export laws. The form copy of a letter to the Speaker of the business with the government. That is available on the DOD DEMIL/Trade House of Representatives, Transmittal they are not debarred bidders; Specially Security Controls web page, DLA 18–35 with attached Policy Justification Designated Nationals (SDN) or Blocked Disposition Services usable property and Sensitivity of Technology. Persons; have not violated U.S. export sales web page, General Services Dated: October 24, 2018. laws; will not divert the property to Administration (GSA) auction web page, Aaron T. Siegel, denied/sanctioned countries, and Defense Contract Management Alternate OSD Federal Register Liaison unauthorized destinations or sell to Agency offices, FormFlow and ProForm. Officer, Department of Defense. amozie on DSK3GDR082PROD with NOTICES1 VerDate Sep<11>2014 17:48 Oct 26, 2018 Jkt 247001 PO 00000 Frm 00023 Fmt 4703 Sfmt 4703 E:\FR\FM\29OCN1.SGM 29OCN1

Federal Register / Vol. 83, No. 209 / Monday, October 29, 2018 / Notices 54331 Transmittal No. 18–35 (iii) Description and Quantity or Government and contractor technical, Notice of Proposed Issuance of Letter of Quantities of Articles or Services under engineering, and logistics support Offer Pursuant to Section 36(b)(1) of the Consideration for Purchase: services, and other related elements of Arms Export Control Act, as amended Major Defense Equipment (MDE): logistics and program support. Sixty-four (64) Patriot Advanced (iv) Military Department: Army (KS– amozie on DSK3GDR082PROD with NOTICES1 (i) Prospective Purchaser: Republic of Capability–3 (PAC–3) Missile Segment B–ZGT) Korea Enhancement (MSE) Missiles (v) Prior Related Cases, if any: None (ii) Total Estimated Value: Non-MDE: Also included are two (2) PAC–MSE Test Missiles, range and test (vi) Sales Commission, Fee, etc., Paid, Major Defense Equipment * .. $365 million Offered, or Agreed to be Paid: None Other ...................................... $136 million programs, publications and technical documentations, training equipment, (vii) Sensitivity of Technology EN29OC18.005</GPH> TOTAL ............................... $501 million spare parts, personnel training, U.S. Contained in the Defense Article or VerDate Sep<11>2014 17:48 Oct 26, 2018 Jkt 247001 PO 00000 Frm 00024 Fmt 4703 Sfmt 4703 E:\FR\FM\29OCN1.SGM 29OCN1

54332 Federal Register / Vol. 83, No. 209 / Monday, October 29, 2018 / Notices Defense Services Proposed to be Sold: 1. The Patriot Air Defense System information under the provisions of the See Annex Attached contains classified CONFIDENTIAL Paperwork Reduction Act. (viii) Date Report Delivered to hardware components, SECRET tactical DATES: Consideration will be given to all Congress: September 13, 2018 software and critical/sensitive comments received by November 28, * As defined in Section 47(6) of the technology. The Patriot Advanced 2018. Arms Export Control Act. Capability-3 (PAC–3) Missile Segment ADDRESSES: Comments and Enhancement (MSE) hardware is recommendations on the proposed POLICY JUSTIFICATION classified CONFIDENTIAL and the information collection should be Korea—Patriot Advanced Capabilitv–3 associated launcher hardware is emailed to Ms. Jasmeet Seehra, DoD (PAC–3) Missile Segment Enhancement UNCLASSIFIED. With the incorporation Desk Officer, at oira_submission@ (MSE) Missiles of the PAC–3 MSE missiles, the Patriot omb.eop.gov. Please identify the The Republic of Korea (ROK) has system will continue to hold a proposed information collection by DoD requested to buy sixty four (64) Patriot significant technology lead over other Desk Officer, Docket ID number, and Advanced Capability-3 (PAC–3) Missile surface-to-air missile systems in the title of the information collection. Segment Enhancement (MSE) Missiles. world. FOR FURTHER INFORMATION CONTACT: Fred Also included are two (2) PAC–MSE 2. The PAC–3 MSE sensitive/critical Licari, 571–372–0493, or whs.mc- Test Missiles, range and test programs, technology is primarily in the area of alex.esd.mbx.dd-dod-information- publications and technical design and production know-how and collections@mail.mil. documentations, training equipment, primarily inherent in the design, SUPPLEMENTARY INFORMATION: spare parts, personnel training, U.S. development and/or manufacturing data Title; Associated Form; and OMB Government and contractor technical, related to certain components. Number: Mandatory Disclosures as Part engineering, and logistics support 3. Information on system performance of Limitations on Terms of Consumer services, and other related elements of capabilities, effectiveness, survivability, Credit Extended to Service Members logistics and program support. The total missile seeker capabilities, select and Dependents; OMB Control Number estimated program cost is $501 million. software/software documentation and 0704–0444. The ROK is one of the closest allies test data are classified up to and Type of Request: Reinstatement in the INDOPACOM Theater. The including SECRET. without Change. proposed sale will support U.S. foreign 4. If a technologically advanced Number of Respondents: 37,500. policy and national security objectives adversary were to obtain knowledge of Responses per Respondent: Varies by by meeting Korea’s legitimate security the specific hardware and software type of respondent. and defense needs. elements, the information could be used Annual Responses: 238,000,000. The ROK will use the Patriot missile to develop countermeasures that might Average Burden per Response: 30 system to improve its missile defense reduce weapon system effectiveness or seconds. capability, defend its territorial integrity be used in the development of a system Annual Burden Hours: 2,000,000. and deter threats to regional stability. with similar or advanced capabilities. Needs and Uses: With respect to any The proposed sale will increase the 5. A determination has been made extension of consumer credit to a defensive capabilities of the ROK that the recipient government can covered borrower, a creditor is required Military to guard against hostile provide substantially the same degree of to provide to the borrower a statement aggression and shield the allies who protection for the technology being of Military Annual Percentage Rate train and operate within South Korea’s released as the U.S. Government. This (MAPR). The required information borders. The ROK should have no sale supports the U.S. foreign policy and would be included in standard account difficulty absorbing this system into its national security objectives as outlined agreements. Additionally, a creditor in the Policy Justification. may, at its discretion, identify the status armed forces. The proposed sale of this equipment 6. All defense articles and services of a consumer-applicant, as permitted listed in this transmittal have been under 32 CFR 232.5(b) of the final rule and support does not alter the basic authorized for release and export to the and, in the event that the information military balance in the region. ROK. indicates that consumer-applicant is not The prime contractor will be a covered borrower, take advantage of a Lockheed-Martin, Dallas, Texas. There [FR Doc. 2018–23601 Filed 10–26–18; 8:45 am] safe harbor from liability under 10 are no known offset agreements BILLING CODE 5001–06–P U.S.C. 987 by retaining a record of the expected to be proposed in connection information so obtained. This includes with this potential sale. Military Annual Percentage Rate Implementation of this proposed sale DEPARTMENT OF DEFENSE (MAPR) applicable to the extension of will not require the assignment of any Office of the Secretary consumer credit, and the total dollar additional U.S. Government or amount of all charges included in the contractor representatives to the [Docket ID: DOD–2018–OS–0052] MAPR. Republic of Korea. Affected Public: Business or other for- There will be no adverse impact on Submission for OMB Review; profit. U.S. defense readiness as a result of this Frequency: As required. proposed sale. Comment Request Respondent’s Obligation: Mandatory. Transmittal No. 18–35 AGENCY: Office of the Under Secretary of OMB Desk Officer: Ms. Jasmeet Defense for Personnel and Readiness, Seehra. amozie on DSK3GDR082PROD with NOTICES1 Notice of Proposed Issuance of Letter of DoD. You may also submit comments and Offer Pursuant to Section 36(b)(1) of the recommendations, identified by Docket ACTION: 30-Day information collection Arms Export Control Act ID number and title, by the following notice. Annex method: SUMMARY: The Department of Defense • Federal eRulemaking Portal: http:// Item No. vii has submitted to OMB for clearance the www.regulations.gov. Follow the (vii) Sensitivity of Technology: following proposal for collection of instructions for submitting comments. VerDate Sep<11>2014 17:48 Oct 26, 2018 Jkt 247001 PO 00000 Frm 00025 Fmt 4703 Sfmt 4703 E:\FR\FM\29OCN1.SGM 29OCN1


Document Created: 2018-10-27 01:11:02
Document Modified: 2018-10-27 01:11:02
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.
ContactDSCA at [email protected] or (703) 697-9709.
FR Citation83 FR 54330 
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