Nuclear Issues

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.

Mahsa Rouhi compares and contrasts the situations with Iran and North Korea and warns of the consequences.

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. 

The Iran nuclear deal is deeply flawed. Its duration is too short, and it fails to require of Tehran the universally agreed-upon minimum for effective verification — a complete and correct declaration of all relevant activities. Nonetheless, it would be a mistake for President Donald Trump to renounce it now, as he is reportedly contemplating.

Iran announced last week that it would start feeding its first IR-8 centrifuges with uranium hexafluoride gas (UF6). The 2015 Iran nuclear deal states that Tehran’s breakout time (the time needed to enrich uranium enough for a nuclear bomb) is one year, but that is based on Iran only using the first-generation, less-efficient IR-1 centrifuges. With more powerful IR-8s and other advanced centrifuges, Iran could enrich uranium for a weapon much faster. In three to four years, the country could be able to deploy large numbers of advanced centrifuges – if it can convince the international community that its nuclear program is peaceful and that it should be treated like any other nation, without restriction on its nuclear and enrichment activities.

Before trashing the Iran deal — the agreement inked last fall, which limits Iran’s nuclear program in exchange for sanctions relief — the incoming Trump administration should consider how a policy of soft economic engagement with Tehran could provide Washington with strategic leverage and increased bargaining power in a post-Iran deal world.

Throughout his campaign, now President-elect Trump attacked the Iran deal, claiming that “it will go down in history as one of the worst deals ever negotiated.” The future of the deal now seems to be far less certain, as Trump fills key positions with outspoken critics of the agreement. Congressman Mike Pompeo (R-KS), Trump’s recent pick for CIA director, is well-known for his hardline stance on the deal, recently noting that it should be “rolled back.”

Indian Prime Minister Narendra Modi traveled to Washington last week, making his fourth trip to the United States since taking office just two years ago. India and South Asia Program Fellow, Ronak Desai examines the strategic approach to India's relations with the United States.

In this installment of “Conversations in Diplomacy," the Future of Diplomacy Project's Executive Director, Cathryn Clüver, speaks with Ambassador Syed Akbaruddin,India's Permanent Representative to the United Nations.

As part of the India and South Asia Program’s annual speaker series, Ambassador MaleehaLodhi, the Permanent Representative of the Islamic Republic of Pakistan to the United Nations discussed her country’s regional agenda.