Arms Sales Notification
Floor Speech
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Mr. MENENDEZ. Mr. President, section 36(b) of the Arms Export Control Act requires that Congress receive prior notification of certain proposed arms sales as defined by that statute. Upon such notification, the Congress has 30 calendar days during which the sale may be reviewed. The provision stipulates that, in the Senate, the notification of proposed sales shall be sent to the chairman of the Senate Foreign Relations Committee.
If the cover letter references a classified annex, then such annex is available to all Senators in the office of the Foreign Relations Committee, room SD-423.
Hon. Robert Menendez, Chairman, Committee on Foreign Relations, U.S. Senate, Washington, DC.
Dear Mr. Chairman: Pursuant to the reporting requirements of Section 36(b)(1) of the Arms Export Control Act, as amended, we are forwarding herewith Transmittal No. 23-25, concerning the Air Force's proposed Letter(s) of Offer and Acceptance to the Taipei Economic and Cultural Representative Office in the United States (TECRO) for defense articles and services estimated to cost $500 million. We will issue a news release to notify the public of this proposed sale upon delivery of this letter to your office. Sincerely, James A. Hursch, Director.
Enclosures. Transmittal No. 23-25 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: Taipei Economic and Cultural Representative Office in the United States (TECRO).
(ii) Total Estimated Value:
Major Defense Equipment * $0 million.
Other $500 million.
Total $500 million.
(iii) Description and Quantity or Quantities of Articles or Services under Consideration for Purchase:
Major Defense Equipment (MDE):
None.
Non-MDE: Included are Infrared Search and Track (IRST) systems; integration and test support and equipment; aircraft and munitions support and support equipment; software delivery and support; spare parts, consumables and accessories, and repair and return support; publications and technical documentation; personnel training and training equipment; studies and surveys; 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 (TW-D-QBF).
(v) Prior Related Cases, if any: TW-D-SAD.
(vi) Sales Commission, Fee, etc., Paid, Offered, or Agreed to be Paid: None known at this time.
(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: August 23, 2023.
* As defined in Section 47(6) of the Arms Export Control Act. POLICY JUSTIFICATION Taipei Economic and Cultural Representative Office in the United States--F-16 IRST Systems
The Taipei Economic and Cultural Representative Office in the United States (TECRO) has requested to buy F-16 Infrared Search and Track (IRST) systems; integration and test support and equipment; aircraft and munitions support and support equipment; software delivery and support; spare parts, consumables and accessories, and repair and return support; publications and technical documentation; personnel training and training equipment; studies and surveys; U.S. Government and contractor engineering, technical, and logistics support services; and other related elements of logistical and program support. There is no Major Defense Equipment (MDE). The estimated total cost is $500 million.
This proposed sale is consistent with U.S. law and policy as expressed in Public Law 96-8.
This proposed sale serves U.S. national, economic, and security interests by supporting the recipient's continuing efforts to modernize its armed forces and to maintain a credible defensive capability. The proposed sale will help improve the security of the recipient and assist in maintaining political stability, military balance, and economic progress in the region.
The proposed sale will improve the recipient's capability to meet current and future threats by contributing to the recipient's abilities to defend its airspace, provide regional security, and increase interoperability with the United States through its F-16 program. The recipient 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 contractors will be Lockheed Martin Corporation, St. Louis, MO. There are no known offset agreements proposed in connection with this potential sale. The purchaser typically requests offsets. Any offset agreement would be defined in negotiations between the purchaser and the contractor(s).
Implementation of this proposed sale will not require the assignment of any additional U.S. Government or contractor representatives.
There will be no adverse impact on U.S. defense readiness as a result of this proposed sale. Transmittal No. 23-25 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 Infrared Search and Track System (IRST) is a high resolution, passive, infrared sensor system that searches for, detects, and tracks threats with infrared signatures at long ranges within its field of regard. It functions without emitting any radiation of its own and enables aircrews to detect adversaries before those adversaries see or sense them.
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 the recipient 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 recipient.
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