Arms Sales Notification, 35846-35847 [2023-11583]

Agencies

• DEPARTMENT OF DEFENSE
• Office of the Secretary

[Federal Register Volume 88, Number 105 (Thursday, June 1, 2023)]
[Notices]
[Pages 35846-35847]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-11583]



[[Page 35846]]

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DEPARTMENT OF DEFENSE

Office of the Secretary

[Transmittal No. 21-71]


Arms Sales Notification

AGENCY: Defense Security Cooperation Agency, Department of Defense 
(DoD).

ACTION: Arms sales notice.

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

FOR FURTHER INFORMATION CONTACT: Neil Hedlund at 
[email protected] or (703) 697-9214.

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 21-71 with 
attached Policy Justification and Sensitivity of Technology.

    Dated: May 25, 2023.
Aaron T. Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
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[GRAPHIC] [TIFF OMITTED] TN01JN23.004


[[Page 35847]]


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Transmittal No. 21-71
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 France
    (ii) Total Estimated Value:

Major Defense Equipment *................  $47 million
Other....................................  $41 million
                                          ------------------------------
  TOTAL..................................  $88 million
 

    (iii) Description and Quantity or Quantities of Articles or 
Services under Consideration for Purchase: Foreign Military Sales (FMS) 
case FR-D-DAJ, was below congressional notification threshold at $71 
million ($24.2 million in MDE) and included five (5) Communications 
Intelligence Sensor Pod Suites (MDE). The Government of France has 
requested the case be amended to include up to eight (8) Communications 
Intelligence Sensor Pod Suites (MDE) and additional non-MDE services. 
This amendment will push the current case above the MDE notification 
threshold and thus requires notification of the entire case.

Major Defense Equipment (MDE):
    Eight (8) Communications Intelligence Sensor Pod Suites
Non-MDE:
    Also included is ground handling equipment; spares and repair 
parts; consumables and accessories; secure communications and 
cryptographic devices; software and support services; publications and 
technical documentation; U.S. Government and contractor engineering, 
technical and logistics support services; and other related elements of 
logistical and program support.

    (iv) Military Department: Air Force (FR-D-DAJ)
    (v) Prior Related Cases, if any: FR-D-STE, FR-D-SAC, and FR-D-SAD
    (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: January 14, 2022
    * As defined in Section 47(6) of the Arms Export Control Act.

POLICY JUSTIFICATION

France--MQ-9 Communications Intelligence Sensor Pod Suites

    The Government of France has requested to buy up to eight (8) 
Communications Intelligence Sensor Pod Suites, that will be added to a 
previously implemented case. The original FMS case and amendments, 
valued at $71 million, included five (5) Communications Intelligence 
Sensor Pod Suites. Therefore, this notification is for a total of eight 
(8) Communications Intelligence Sensor Pod Suites. Also included is 
ground handling equipment; spares and repair parts; consumables and 
accessories; secure communications and cryptographic devices; software 
and support services; publications and technical documentation; U.S. 
Government and contractor engineering, technical and logistics support 
services; and other related elements of logistical and program support. 
The estimated total cost is $88 million.
    This proposed sale will support the foreign policy goals and 
national security objectives of the United States by helping to improve 
the security of a NATO Ally that is an important force for political 
stability and economic progress in Europe.
    The proposed sale will improve France's capability to meet current 
and future threats by ensuring the operational readiness of the French 
Air and Space Force. France's MQ-9 aircraft fleet provides 
Intelligence, Surveillance, and Reconnaissance that supports coalition 
operations. France will have no difficulty absorbing this equipment 
into its armed forces.
    The proposed sale of this equipment and support will not alter the 
basic military balance in the region.
    The principal contractor will be BAE Systems, York, PA. General 
Atomics Aeronautical Systems, San Diego, CA is on contract for 
integration work only. There are no known offset agreements proposed in 
connection with this potential sale.
    Implementation of this proposed sale may require the assignment of 
additional U.S. Government or contractor representatives to France.
    There will be no adverse impact on U.S. defense readiness as a 
result of this proposed sale.
Transmittal No. 21-71
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 MQ-9 Communications Intelligence (COMINT) Sensor Pod Suites 
are for the MQ-9 aircraft that France previously acquired. The COMINT 
Sensor Pod Suite is an additional payload sensor which provides 
intelligence, data collection, and analysis capabilities. The pods will 
provide France's MQ-9 program with the equipment necessary to support 
capabilities that France is already employing.
    2. The highest level of classification of defense articles, 
components, and services included in this potential sale is SECRET.
    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 that might reduce weapon system 
effectiveness or be used in the development of a system with similar or 
advanced capabilities.
    4. A determination has been made that France can provide 
substantially 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 outlined in the Policy Justification.
    5. All defense articles and services listed in this transmittal 
have been authorized for release and export to the Government of 
France.

[FR Doc. 2023-11583 Filed 5-31-23; 8:45 am]
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