Arms Sales Notification

Floor Speech

Date: Feb. 28, 2024
Location: Washington, DC

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Mr. CARDIN. Madam 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. Benjamin L. Cardin, 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. 24-22, concerning the Army's proposed Letter(s) of Offer and Acceptance to the Government of Germany for defense articles and services estimated to cost $281 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. 24-22 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 Germany.

(ii) Total Estimated Value:

Major Defense Equipment* $0.

Other $281 million.

Total $281 million.

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

Major Defense Equipment (MDE):

None.

Non-MDE: Included are AN/PRC-117 radios; AN/PRC-160 radios; spare and repair parts; support equipment; tools and test equipment; diagnostic equipment; technical data and publications; personnel training and training equipment; U.S. Government and contractor technical assistance; technical and logistics support services; and other related elements of logistics and program support.

(iv) Military Department: Army (GY-B-XBU, GY-B-XBV, GY-B- XBW, GY-B-XBX).

(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 Defense Services Proposed to be Sold: See Attached Annex.

(viii) Date Report Delivered to Congress: February 27, 2024.

* As defined in Section 47(6) of the Arms Export Control Act. POLICY JUSTIFICATION Germany--High-Frequency, Very-High Frequency, and Ultra-High Frequency Radios

The Government of Germany has requested to buy AN/PRC-117 radios; AN/PRC-160 radios; spare and repair parts; support equipment; tools and test equipment; diagnostic equipment; technical data and publications; personnel training and training equipment; U.S. Government and contractor technical assistance; technical and logistics support services; and other related elements of logistics and program support. The estimated total cost is $281 million.

This proposed sale will support the foreign policy and national security of the United States by improving the security of a NATO Ally that is an important force for political and economic stability in Europe.

The proposed sale will improve interoperability between Germany and other NATO military forces and will increase secure communications effectiveness to help combat current and future threats. Germany 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 L3Harris Global Communications, Inc., Rochester, NY. There are no known offset agreements in connection with this potential sale.

Implementation of this proposed sale will not require the assignment of U.S. Government or contractor representatives to Germany.

There will be no adverse impact on U.S. defense readiness as a result of this proposed sale. Transmittal No. 24-22

Notice of Proposed Issuance of Letter of Offer Pursuant to Section 36(b)(l) of the Arms Export Control Act Annex Item No. vii

(vii) Sensitivity of Technology:

1. The AN/PRC-117 and AN/PRC-160 radios and their accessories are used to transmit and receive voice and data information using Type-1 encryption.

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 hardware and software elements, the information could be used to develop countermeasures or equivalent systems 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 Germany 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 Germany. SFRC Meeting Memorandum To: Chairman Cardin. From: Charlotte Oldham-Moore, Molly Barlow, Stephanie Oviedo. Date: Tuesday, February 27, 2024. Re: Meeting with ICRC President Mirjana Spoljaric Egger.

Meeting Purpose: On Thursday, February 29 at 11:30AM in SH- 509, YOU will have a meeting with Mirjana Spoljaric Egger, President of the International Committee of the Red Cross (ICRC), Charlotte will staff. Ms. Spoljaric would like to discuss the ICRC's operations in Israel/Gaza, Ukraine, and Sudan as well as the prospects for passage of U.S. supplemental funding. BLC Objectives

Express your commitment to upholding international humanitarian law and addressing global humanitarian crises, including by passing the supplemental funding.

[Israel/Gaza point to be provided by Team MENA] BLC Message & Suggested Questions

Israel and Gaza:

[questions and talking points to follow from Team MENA]

Kidnapped Ukrainian Children: I know that the ICRC has a unique perspective as one of the few interlocutors that talks to both sides and with the ability to operate in occupied territories in Ukraine as well as within the Russian Federation.

How do you engage with the Russian government on questions of kidnapped children? Have you found more success engaging with certain Russian agencies than others?

How does the ICC arrest warrant for Putin and his Commissioner for Children's Rights influence the Russian response to engagement on kidnapped children? Is there additional leverage that the international community could bring to bear to help you succeed in your mission of reuniting families?

War Crimes and Atrocities in Ukraine:

Can you discuss the nature of war crimes and atrocities being committed in occupied territories now? Is there additional engagement or resources from the international community necessary to help support victims and prevent future such atrocities and war crimes?

Sudan: There has been bipartisan and bicameral support for increasing U.S. leadership to resolve the horrific crisis in Sudan. I was pleased to see the Administration name a Special Envoy for Sudan, which I expect to put us in a much better position to exert diplomatic pressure to bring about a ceasefire. In addition to increasing our diplomatic efforts, we need greater resources to address the humanitarian catastrophe.

Where can the U.S. do more to support the work of the ICRC and other humanitarian organizations in Sudan?

What is your impression of the effectiveness of U.S. mediation efforts?

Armenia: USAID has committed more than $4 million in additional humanitarian assistance to people displaced by Azerbaijan's military operation in Nagorno Karabkah. But with over 74,000 refugees, I know that the needs are great.

Has the international response been sufficient to support the vulnerable population from Karabakh forced to leave their entire lives behind?

Humanitarian Funding: As you know, the Senate's bill for supplemental funding, which includes more than $9 billion for humanitarian assistance, is still under consideration in the House. This funding is critical to addressing the massive shortfall between available assistance and growing needs.

Given the growing humanitarian needs, how can Congress more effectively assist the ICRC and push other countries-- including partners that have traditionally not provided substantial foreign assistance--to step up to the plate? Background

Gaza: In response to the, October 7 attacks, the ICRC scaled up its humanitarian response in Israel and Gaza. As part of this effort, the ICRC has actively advocated for the release of all hostages immediately and unconditionally. Concurrently, the ICRC has asked to visit the hostages, to check on their conditions, to deliver medical care, and to facilitate communication with their families. When political agreements allowed hostages to be released, the ICRC played the role of neutral intermediary to facilitate the release, transfer, and return of 109 hostages from Gaza to their families. ICRC also facilitated the release, transfer and return of 154 Palestinian detainees from Israeli places of detention to their families. The ICRC works closely with its partners in the International Red Cross and Red Crescent Movement and continues to work closely with local service- providers, communities and other partners on the ground.

Ukraine: With over 800 staff working in eight locations, Ukraine is the ICRC's largest operation in 2024. Working alongside partners from the International Red Cross and Red Crescent Movement, the ICRC has provided humanitarian assistance to over 11.6 million people since February 2022. ICRC staff have visited almost 2,400 prisoners of war on both sides, sharing news and updates directly with thousands of families. The ICRC continues to push for access to all prisoners of war through bilateral dialogue and to advocate for the reunification of kidnapped Ukrainian children with their families.

Sudan: The ICRC's work in Sudan, in cooperation with the Sudanese Red Crescent Society (SRCS), includes promoting respect for International Humanitarian Law (IHL), supporting hospitals and health facilities with equipment and supplies, working with local water authorities on improving people's access to clean water and supporting the authorities in providing rehabilitation services for people with disabilities. The ICRC is helping families separated by conflict or displacement to keep in touch with their loved ones, and has facilitated the release of detainees upon request of the parties. Since the beginning of the conflict between the Sudanese Armed Forces (SAF) and Rapid Support Forces (RSF) in April 2023, the ICRC has acted as a neutral intermediary between parties to the conflict and conducted various activities to protect and assist those affected by the consequences of the crisis.

ICRC Funding: The ICRC is appealing for $2.34 billion in 2024, a 13% cut from the previous year's appeal. One quarter of the ICRC's total funding comes from the United States. The Senate-passed supplemental included $3.5 billion in the Migration and Refugee Assistance (MRA) account, which includes funding for the ICRC.

Biography: Ms. Mirjana Spoljaric Egger has been ICRC President since October 2022. From 2018 to 2022, she served as the United Nations Assistant Secretary-General, Assistant Administrator of the UN Development Program (UNDP), and Director of the Regional Bureau for Europe and the CIS. Prior to joining the UN, Ms. Spoljaric had many years of distinguished service with the Swiss Diplomatic Corps, where she served as Ambassador and Head of the United Nations and International Organizations Division, and as Counsellor and Head of the Political Team at the Permanent Mission of Switzerland to the UN. From 2010-2012, Ms. Spoljaric was seconded to the Office of the Commissioner-General of the UN Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) as Senior Advisor covering organizational development, management reforms, and external relations. Ms. Spoljaric studied Philosophy, Economics and International Law at the Universities of Basel and Geneva and holds a master's degree.

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