Nuclear Issues

Despite one of the most extensive sanctions regimes in history, including an embargo on missile technologies, North Korea has taken huge steps forward in its ballistic missile programme. Daniel Salisbury explores the limitations of, and challenges of implementing, supply-side approaches to missile nonproliferation. Considering North Korea’s recent progress and efforts to evade sanctions, the article highlights the continuing need to strengthen efforts to counter illicit trade in missile-related technologies.

Over the past two decades, the United States has increasingly turned to targeted sanctions and export restrictions, such as those imposed against Iran and North Korea, in order to curb the spread of weapons of mass destruction. One vexing problem, however, is how to contend with jurisdictional hurdles when the violations occur overseas, in countries that are unable or unwilling to assist US enforcement efforts. To solve this problem, US prosecutors are turning to strategies with significant extraterritorial implications—that is, exercising legal authority beyond national borders. One such tool is to use civil legal procedures to seize assets linked to sanctions or export-control violations in jurisdictions that lack cooperative arrangements with US enforcement agencies. While this may be an attractive strategy to bolster enforcement efforts against overseas illicit procurement, using such tools is not without consequence. This article explores the political, legal, and technical implications of enforcing extraterritorial controls against overseas non-state actors by exploring the recent uses of civil-asset forfeiture against Iranian and North Korean procurement networks.

If we had the technology to detect nuclear materials remotely it could help deter smuggling and make it easier to monitor international nuclear agreements. Several recent breakthroughs, if followed up with continued research and funding, could deliver on this promise. They include technological advances in x-ray and neutron radiography; a method that measures how plasma breaks down when exposed to a radioactive source; and developments in antineutrino detection. While all require more development and testing, they are important steps as the global need for ways to detect nuclear materials grows.

Since the 1979 revolution, Iran has sought to illicitly procure parts for the U.S. origin fighter aircraft sold to the country under the rule of the Shah. The U.S. has taken steps to quash this trade—these efforts have constituted a relatively large proportion of U.S. export control enforcement over the past near-to-four decades. 

"...[I]t's unclear who — if anyone — would buy North Korean nuclear technology. However, the nightmare scenario of North Korea selling it to the highest bidder merits consideration."

Financial sanctions against Iran are contributing to the growth of regional criminal networks, which use fraud, bribery, and corruption to facilitate commerce. From airplane parts and medical equipment, to specialized materials for weapons programs, an intricate underground economy of financial and logistic intermediaries play a critical role in helping Iran circumvent Western sanctions. Do not expect this to change in a post-sanctions world...

"This short piece provides a number of recommendations for countries in the region to strengthen nuclear security through a regional process, independent of a global one. In addition to enhancing nuclear security and ensuring that nuclear materials and weapons do not fall into the hands of terrorists, our approach would also help establish confidence and security-building measures in a region that lacks both security and confidence."

A nuclear North Korea makes it crucial that all countries in Northeast Asia work hard at maintaining a stable security environment that avoids the dangers of a crisis while encouraging North Korea to adopt a nuclear strategy that retains its "no first use" pledge, a strong command and control system, and a stable nuclear weapons posture. Given its relationship with North Korea, China is best positioned to encourage DPRK leaders in these directions.