US embassy cable - 03ANKARA4498

C O N F I D E N T I A L SECTION 01 OF 02 ANKARA 004498 
 
SIPDIS 
 
 
STATE FOR PM (DAS MAGGI) AND EUR/SE 
SAF/IA FOR W. MITCHELL AND MAJ GEN GRATION 
DSCA FOR LT. GEN. WALTERS AND LT COL BUCHHOLZ 
DTSA FOR S. SEVIER 
OSD FOR DUSD LISA BRONSON 
 
 
E.O. 12958: DECL: 07/17/2013 
TAGS: PREL, TU, MASS 
SUBJECT: TURKISH ARMED FORCES AGREE TO MOVE FORWARD ON 
SPEWS II SALE 
 
1. (U) CLASSIFIED BY DEPUTY CHIEF OF MISSION ROBERT DEUTSCH. 
REASONS 1.5 (B) AND (D). 
 
 
2. (C) SUMMARY: THE TURKISH ARMED FORCES HAVE ELECTED TO MOVE 
FORWARD WITH THE PROCUREMENT OF THE SELF PROTECTION 
ELECTRONIC WARFARE SYSTEM (SPEWS) II FROM BAE SYSTEMS NORTH 
AMERICA (BAE), SUBJECT TO CERTAIN CONDITIONS. MAJ GEN SCOTT 
GRATION OF SAF/IA MET WITH THE TURKISH GENERAL STAFF (TGS) 
AND TURKISH AIR FORCE COMMAND (TAFC) SENIOR LEADERSHIP ON 
JULY 10 AND 11 REGARDING THE USG DECISION TO APPROVE THE 
SALE, SUBJECT TO CERTAIN RESTRICTIONS. THE USG'S PRIMARY 
RESTRICTION ON THE SALE IS THAT BAE MAY NOT RELEASE THE 
SOFTWARE SOURCE CODE THAT CONTROLS THE FUNCTIONALITY OF THE 
JAMMER DIGITAL RF MEMORY (DRFM). END SUMMARY 
 
 
3. (C) BACKGROUND: FOR MANY YEARS,  TAFC HAS OPERATED THE 
SPEWS I ON THEIR BLOCK 30 AND 40 F-16S. TAFC HAS BEEN IN THE 
PROCESS OF PROCURING SPEWS II FOR SEVERAL YEARS, A FOLLOW-ON 
ELECTRONIC WARFARE (EW) SUITE FOR THEIR BLOCK 50 F-16S FROM 
BAE. HOWEVER, THE EXPORT LICENSE FOR SPEWS II HAS BEEN IN THE 
APPROVAL PROCESS WITHIN THE USG INTERAGENCY FOR MANY MONTHS, 
WITH A NUMBER OF CONTENTIOUS ISSUES TO RESOLVE. THE MOST 
PROBLEMATIC HAS BEEN THE GOT'S INSISTENCE ON FULL SOFTWARE 
SOURCE CODE RELEASE. AT THE END OF JUNE 2003, THE DEPARTMENT 
OF DEFENSE (DOD) (WITH STATE DEPARTMENT CONCURRENCE) REACHED 
AN AGREEMENT TO APPROVE THE MASTER LICENSE AGREEMENT (MLA) 
FOR SPEWS II, WITH LIMITING RESTRICTIONS. END BACKGROUND 
 
 
4. (C) MAJ GEN GRATION WAS ACCOMPANIED TO HIS MEETINGS BY 
MAJOR GENERAL QUENTIN PETERSON AND MAJOR JOSE COLON OF THE 
OFFICE OF DEFENSE COOPERATION, LT COL JOHN TAYLOR OF SAF/IA 
AND STEELE MEANS OF THE POLITICAL MILITARY AFFAIRS SECTION. 
THROUGHOUT THE COURSE OF THE MEETINGS, MAJ GEN GRATION 
STRESSED THE FOLLOWING POINTS. FIRST, SPEWS II IS A 
STATE-OF-THE-ART, DIGITAL EW SELF-PROTECTION SUITE, WHICH 
WILL MEET TURKEY'S OPERATIONAL REQUIREMENTS AND CAN BE 
REPROGRAMMED IN-COUNTRY TO MEET CHANGING THREAT CONDITIONS. 
TURKEY WILL GET ALL OF THE REQUIRED SOFTWARE SOURCE CODE TO 
PERFORM ROUTINE MAINTENANCE AND IN-COUNTRY REPROGRAMMING ON 
THE SPEWS II SYSTEM, EXCLUDING THE DRFM SOURCE CODE. IN 
ADDITION, THE USG IS COMMITTED TO ENSURING THAT TURKEY IS 
ABLE TO HAVE MODIFICATIONS AND UPDATES MADE TO THE SYSTEM, TO 
INCLUDE WORK ON THE SOFTWARE NOT AUTHORIZED FOR GENERAL 
RELEASE. MAJ GEN GRATION ALSO POINTED OUT THAT IF TAFC 
DECIDES TO PURCHASE A NON-US EW SYSTEM, THERE WILL BE 
SIGNIFICANT INTEGRATION PROBLEMS AND SCHEDULE DELAYS. SINCE 
F-16 SOURCE CODE IS SUBJECT TO USG APPROVAL FOR RELEASE, 
FRENCH OR ISRAELI EFFORTS WILL BE EXTREMELY DIFFICULT WITHOUT 
USG ASSISTANCE. FINALLY, TURKEY WILL HAVE CO-DEVELOPMENT 
OPPORTUNITIES FOR THE DIGITAL RECEIVER SOURCE CODE -- A FIRST 
FOR A US ALLY SINCE THIS LEVEL OF CO-PRODUCTION OF A MODERN 
EW SUITE HAS NOT BEEN AUTHORIZED FOR EXPORT TO ANY OTHER 
COUNTRY. 
 
 
5. (C) MAJ GEN GRATION'S FIRST MEETING ON JULY 10 WAS WITH 
LIEUTENANT GENERAL TURGUT (TGS J5). TURGUT WAS SUPPORTIVE AND 
CLEARLY STATED THERE SHOULD BE NO ARGUMENT, GIVEN THE FACT 
THAT THE POLICY OF WITHHOLDING THE DRFM SOURCE CODE APPLIED 
EQUALLY TO ALL COUNTRIES, AND THAT TURKEY WAS NOT BEING 
SINGLED OUT FOR DISCRIMINATION. 
 
 
6. (C) THE NEXT MEETING, LATER THAT AFTERNOON, WAS WITH A 
TEAM OF TAFC OFFICERS, LED BY THE TAFC CHIEF OF PLANS/POLICY, 
MAJ GEN BALANLI. BALANLI AND HIS TEAM VOICED A NUMBER OF 
SERIOUS OBJECTIONS TO THE NON-RELEASE OF THE DRFM SOURCE 
CODE. MOST IMPORTANTLY, THEY CONSISTENTLY CLAIMED THAT BAE 
HAD PROMISED THE GOT ALL OF THE SPEWS II SOURCE CODE IN THEIR 
ORIGINAL CONTRACT AND THAT THE HIGH COST OF THE SYSTEM 
INCLUDED ALL OF THE SOURCE CODE. SECOND, SINCE TAFC PLANS TO 
OPERATE THE SYSTEM FOR MANY YEARS, THEY REQUIRE THE 
INDIGENOUS CAPABILITY TO MODIFY AND UPDATE THE SYSTEM 
SOFTWARE AND HARDWARE. FINALLY, THEY CLAIMED THAT THE FRENCH 
AND ISRAELIS WILL SELL THE GOT A SIMILAR EW SUITE WITHOUT ANY 
RESTRICTIONS ON SOURCE CODE RELEASE. THE UNDER SECRETARIAT OF 
DEFENSE INDUSTRIES (SSM) HAS CONTINUED TO INSIST THAT THE 
TERMS OF THE BAE PROPOSAL BE EQUAL TO OR BETTER THAN THE 
FRENCH THALES PROPOSAL, IN ORDER TO EXECUTE THE PROGRAM AS 
BUDGETED. GEN BALANLI SAID THAT THE REPORT OF THE MEETING 
WOULD BE PASSED TO GEN ASPARUK, THE TAFC COMMANDER, IN 
PREPARATION FOR THE JULY 11 MEETING. 
 
 
7. (C) IN A MEETING ON JULY 11, THE TAFC COMMANDER, GEN 
ASPARUK, ECHOED SIMILAR CONCERNS AS THE TAFC TEAM THE DAY 
BEFORE, BUT AGREED TO MOVE FORWARD WITH THE PURCHASE OF SPEWS 
II FROM BAE, DESPITE THE USG DECISION TO WITHHOLD THE DRFM 
SOURCE CODE. AFTER DISCUSSIONS, GEN ASPARUK AGREED THAT, IN 
ORDER FOR THE SALE TO MOVE FORWARD, THE FOLLOWING ACTIONS 
SHOULD BE TAKEN. FIRST, THE U.S. AIR FORCE (USAF) WILL 
PROVIDE A LETTER TO TAFC ASSURING THAT THE USAF WILL HOLD THE 
NON-RELEASABLE DRFM SOURCE CODE IN ESCROW IN THE UNLIKELY 
EVENT THAT BAE IS UNABLE OR UNWILLING TO PROVIDE FURTHER 
SOFTWARE UPDATES AND MODIFICATIONS. THIS IS TO ASSURE TAFC 
THAT IT WILL ALWAYS HAVE ACCESS TO THE SOURCE CODE IN ORDER 
TO MAKE UPGRADES OR MODIFICATIONS TO THE SYSTEM IN LATER 
YEARS. SECOND, THAT WHEN/IF THE SOFTWARE HELD IN ESCROW IS 
RELEASED, THE GOT WILL INCUR NO ADDITIONAL COSTS ASSOCIATED 
WITH THE RELEASE. FINALLY, BAE WILL PETITION SSM FOR A 20-30 
DAY EXTENSION BEYOND THE JULY 15 DEADLINE TO ALLOW FOR THE 
SUBMISSION OF THE AFOREMENTIONED USAF LETTER AND ANY 
AMENDMENTS TO THE BAE CONTRACT. GEN GRATION AGREED TO WORK 
THE FIRST REQUEST AND PASS THE OTHER TWO REQUESTS TO BAE 
REPRESENTATIVES. 
 
 
8. (C) COMMENT: THE CLAIM BY TAFC THAT BAE HAD PROMISED THE 
GOT ALL OF THE SPEWS II SOURCE CODE RAISES A POSSIBLE 
COMPLIANCE ISSUE. ALTHOUGH BAE HAS DIRECTLY DENIED THAT THEY 
MADE ANY SUCH PROMISE TO TAFC, SAF/IA IS CURRENTLY EVALUATING 
THE CONTRACT WITH RESPECT TO THE TAFC CLAIM. END COMMENT 
 
 
9. (U) THIS CABLE HAS BEEN CLEARED BY MAJ GEN GRATION. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
PEARSON