The publication is reproduced in full below:
ARMS SALES NOTIFICATION
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.
In keeping with the committee's intention to see that relevant information is available to the full Senate, I ask unanimous consent to have printed in the Record the notifications which have been received. 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.
There being no objection, the material was ordered to be printed in the Record, as follows:
Defense Security
Cooperation Agency,
Arlington, VA. Hon. Robert Menendez, Chairman, Committee on Foreign Relations, U.S. Senate, Washington, DC.
Dear Mr. Chairman: On April 23, 2022, the Secretary of State, pursuant to section 36(b) of the Arms Export Control Act, as amended, determined that an emergency exists which requires the immediate sale of the defense articles and defense services identified in the attached transmittal to Ukraine through the Foreign Military Sales process. Ukraine's military forces require urgent support to enable them to resist the ongoing Russian invasion. Ukraine has identified a number of urgent needs to support its effort to repel the invasion, including ammunition. Immediate delivery of ammunition will help Ukraine in its continuing battle against Russian ground forces. It is in U.S. national security interests to facilitate these transfers in support of Ukraine's defense of its territory.
Please find attached (Tab 1) the Secretary of State Determination and Justification waiving the Congressional review requirements under Section 36(b)(1) of the Arms Export Control Act, as amended, for the attached Transmittal of the proposed Letter of Offer and Acceptance to the Ukraine for defense articles and services pursuant to the notification requirements of Section 36(b)(1) of the Arms Export Control Act (AECA), as amended. The determination and detailed justification are a part of the Transmittal. After this letter is delivered to your office, we plan to issue a news release to notify the public of the proposed sale.
Sincerely,
James A. Hursch,
Director.
Enclosures.
DETERMINATION UNDER SECTION 3 6(b)(1) OF THE ARMS EXPORT CONTROL ACT,
22 U.S.C. 2776(b)(1)
Pursuant to section 36(b)(1) of the Arms Export Control Act, 22 U.S.C. 2776, I hereby determine that an emergency exists which requires the immediate sale of the following defense articles and services in the national security interest of the United States:
Various rounds of non-standard ammunition to include, but not limited to, the following:
152mm rounds for 2A36 Giatsint.
152mm rounds for D-20 cannons.
VOG-17 for automatic grenade launcher AGS-17.
120mm mortar rounds (non-NATO).
122mm rounds for 2S1 Gvozdika; BM-21 GRAD Rockets.
300mm rounds/rockets for MLRS ``Smerch''.
VOG-25 grenades for under barrel grenade launcher GP-25.
82mm mortar rounds.
125mm HE ammunition for T-72.
152mm rounds for 2A65 Msta.
Transportation.
Logistical and program support.
This determination, along with the accompanying Memorandum of Justification, shall be transmitted to Congress with the applicable notifications.
MEMORANDUM OF JUSTIFICATION FOR THE EMERGENCY AUTHORIZATION OF THE SALE
OF NON-STANDARD AMMUNITION TO UKRAINE UNDER SECTION 36(b)(1) OF THE
ARMS EXPORT CONTROL ACT
The Secretary of State has executed his delegated authority to determine that an emergency exists requiring the sale of non-standard ammunition to the Government of Ukraine in the national security interest of the United States and the immediate issuance of the associated letter of offer.
In the early morning of February 24, Russia launched a full-scale, premeditated attack against Ukraine. Russia's massive military force buildup (with over 150,000 soldiers and equipment along the Russia-Ukraine and Belarus-Ukraine borders) enabled it to invade Ukraine with devastating consequences. This incursion came after Russia's cyber operations attacks against Ukrainian government infrastructure, Russian President Putin's purported recognition on February 21 of the so-called ``Luhansk People's Republic'' and ``Donetsk People's Republic'' as independent states, and the Kremlin's subsequent deployment of Russian military forces into the Donbas. On February 24, President Putin announced a ``special military operation'' in Ukraine, and Russian forces launched premediated, unprovoked, and unjustified attacks against locations throughout Ukraine, including civilian infrastructure, in a full-scale invasion.
Over the last eight years, the U.S. government has provided robust levels of defense support to Ukraine to help counter Russia's aggressive and destabilizing activities. Ukraine also has increasingly purchased U.S. military equipment using national funds. Since the beginning of the conflict in 2014, the United States has provided more than $6 billion in security assistance to Ukraine, including through the Department of Defense's (DoD) Ukraine Security Assistance Initiative (USAI), DoD's security assistance authority under 10 U.S.C. 333, State's foreign military financing (FMF) program, and presidential drawdowns. Through these programs, which accelerated in the immediate lead-up to and following the February 24 all-out Russian attack, the United States has provided and is providing Ukraine with military equipment such as anti-armor missile systems, man-portable air defense systems, unmanned aerial systems, patrol boats, helicopters, artillery, grenade launchers, counter-artillery and counter- mortar radars, military medical equipment, electronic warfare detection systems, tactical gear, ammunition, and support for ongoing training programs.
Although U.S. security assistance has improved Ukraine's overall defense posture and capabilities, Ukraine's military forces require urgent additional support to enable them to continue to defend against the ongoing Russian invasion. There is an urgent and pressing need to provide nonstandard ammunition to Ukraine's military forces, which is essential to enable those forces to repel Russian advances into their territory--particularly a renewed offensive in the east and south. As Ukrainian forces expend ammunition to defend their country, their daily replenishment requirements continue to increase. With critically low stores of ammunition for their fielded systems, we must act immediately to provide the required ammunition to sustain Ukraine in this conflict. The sale of this ammunition is expected to be funded from FMF for Ukraine.
For the reasons discussed above, an emergency exists which requires this sale under the Arms Export Control Act, in the national security interest of the United States and the immediate issuance of the associated letter of offer.
Transmittal No. 22-30
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 Ukraine.
(ii) Total Estimated Value:
Major Defense Equipment* $0 million.
Other $165 million.
Total $165 million.
Funding Source: Foreign Military Financing.
(iii) Description and Quantity or Quantities of Articles or Services under Consideration for Purchase:
Major Defense Equipment (MDE): None.
Non-MDE: Various rounds of non-standard ammunition to include, but not limited to, the following: 152mm rounds for 2A36 Giatsint; 152mm rounds for D-20 cannons; VOG-17 for automatic grenade launcher AGS-17; 120mm mortar rounds (non- NATO); 122mm rounds for 2Sl Gvozdika; BM-21 GRAD Rockets; 300mm rounds/rockets for MLRS ``Smerch;'' VOG-25 grenades for under barrel grenade launcher GP-25; 82mm mortar rounds; 125mm HE ammunition for T-72; 152mm rounds for 2A65 Msta; transportation; and other related elements of logistical and program support.
(iv) Military Department: Army (UP-B-UCS).
(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: None.
(viii) Date Report Delivered to Congress: April 24, 2022.
*As defined in Section 47(6) of the Arms Export Control Act.
POLICY JUSTIFICATION
Ukraine--Non-Standard Ammunition
The Government of Ukraine has requested to buy various rounds of non-standard ammunition to include, but not limited to, the following: 152mm rounds for 2A36 Giatsint; 152mm rounds for D-20 cannons; VOG-17 for automatic grenade launcher AGS-17; 120mm mortar rounds (non-NATO); 122mm rounds for 2Sl Gvozdika; BM-21 GRAD Rockets; 300mm rounds/rockets for MLRS ``Smerch;'' VOG-25 grenades for under barrel grenade launcher GP-25; 82mm mortar rounds; 125mm HE ammunition for T-72; 152mm rounds for 2A65 Msta; transportation; and other related elements of logistical and program support. The total estimated program cost is $165 million.
The Secretary of State has determined and provided detailed justification that an emergency exists that requires the immediate sale to Ukraine of the above defense articles (and defense services) in the national security interests of the United States, thereby waiving the Congressional review requirements under Section 36(b) of the Arms Export Control Act, as amended.
This proposed sale will support the foreign policy goals and national security objectives of the United States by improving the security of a partner country that is a force for political stability and economic progress in Europe.
The proposed sale will improve Ukraine's capability to meet current and future threats by maintaining the operational readiness of its forces. The provision of non-standard and legacy Warsaw Pact ammunition will enable the Armed Forces Ukraine to defend itself against ongoing threats and enhance national defense. Ukraine already has these items, or variants thereof, in its inventory and 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 prime contractor(s) will be selected upon contract award.
Implementation of this proposed sale will not require the assignment of any additional U.S. Government or contractor representatives to Ukraine.
There will be no adverse impact on U.S. defense readiness as a result of this proposed sale.
____________________
SOURCE: Congressional Record Vol. 168, No. 67
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