Nuclear Issues

The networks of middlemen and intermediaries involved in the illicit procurement of weapons of mass destruction (WMD)-related goods and technologies often operate outside of the United States, which presents several legal and political challenges regarding U.S. trade control enforcement activities. This report considers the extraterritorial efforts of U.S. law enforcement in counterproliferation-related activities and their implications. In other words, how does the United States contend with violations of its weapons of mass destruction (WMD)-related trade controls in overseas jurisdictions, and what are the implications for broader U.S. and international nonproliferation efforts, as well as wider international security and economic concerns? 

On 24 and 25 November 2016 experts from politics and academia, including FDP Executive director Cathryn Clüver, discussed the impact of Brexit on several policy areas in a series of workshops at the Hertie School of Governance in Berlin. All events took place under Chatham House rules.

Dr. Ian Bremmer, expert in political risk and founder of the Eurasia Group, gave a seminar sponsored by the the Future of Diplomacy Project on Thursday, November 9 at the Harvard Kennedy School, titled “Managing Risk in an Unstable World."

Aaron Arnold, Associate with the Project on Managing the Atom at the Belfer Center, writes in The Hill that while Iran will soon be getting sanctions relief as the nuclear accord with the P5+1 is enacted, it has not yet taken steps to update its banking system and bring it up to international money laundering and counter-terror financing. He also suggests that in order to balance the competing political and financial concerns at play with sanctions, the international community led by the United States should make clear conditions for both exclusion and rejoining of the international financial system.

Aaron Arnold, Associate with the Project on Managing the Atom at the Belfer Center, and Nikos Passas, Professor of Criminal Justice at Northeastern University, argue in The Conversation that Iran's reintegration into the global financial system may in fact make it easier, not more difficult, to monitor Iranian financial activities for illicit transactions. They point to the fact that banks can monitor transactions for entities designated as involved in terrorist or weapons of mass destruction activities by the U.S. Treasury. They also suggest that Iran may adopt stricter money laundering standards in order to increase economic integration. While challenges remain, they suggest that building a public-private partnership between banks and regulators will ensure that Iran will be caught in any illicit financial actions after the nuclear deal.

"Although this phased-approach to sanctions relief under the JCPOA ensures that Iran does not receive benefits without first implementing its nuclear commitments, uncertainties remain. The agreement does not affect U.S. and EU non-nuclear sanctions, such as those that target human rights abuses, support for terrorism, and money laundering. One question is whether or not relief from nuclear-related sanctions will affect the usefulness of non-nuclear sanctions."

Aaron Arnold, Associate with the Project on Managing the Atom at the Belfer Center, and Nikos Passas, Professor of Criminal Justice at Northeastern University, argue in The Bulletin of the Atomic Scientists that an important, and generally overlooked, aspect of any deal with Iran is the role of banks and financial institutions in monitoring proliferation related transactions and keeping Iran from cheating on the agreement. They point out that banks are necessary for the monitoring and verification of a nuclear agreement because they provide the information used by sanctions enforcers to track illicit proliferation financing. At this point, several holes exist in detecting proliferation financing, including the lack of a clear template for banks and regulatory agencies to be searching for, and the lack of binding regulations for all forms of financial institutions, such as money remitters. They suggest that the Iranian nuclear deal offers a chance for these systematic holes to be plugged by centralizing analysis of data for proliferation financing and seeking reforms in the Iranian financial system.

"For US regulators, 2014 was a banner year for collecting fines against sanctions violators, according to The Economist. In June, BNP Paribas—France’s largest bank, and one of the largest in the world—agreed to shell out $9 billion to the US Department of Justice for violating sanctions against Cuba, Iran, and Sudan. This past month, US regulators slapped Germany’s Commerzbank—the country’s second-largest bank, with a similar global presence—with a $1 billion fine, after launching an investigation into its dealings with sanctioned countries. The increases in fines have signaled an aggressive, zero-tolerance policy toward violators, as well as a willingness to use the extraterritorial provisions of sanctions, which allow regulators to punish foreign-based banks..."

The risks posed by the proliferation of cyber weapons are gaining wide recognition among security planners. Yet the general reaction of scholars of international relations has been to neglect the cyber peril owing to its technical novelties and intricacies. This attitude amounts to either one or both of two claims: the problem is not of sufficient scale to warrant close inspection, or it is not comprehensible to a non-technical observer. This seminar challenged both assertions.

"Nuclear proliferation is a crime that pays well. Those involved in the Khan network were made very wealthy for their efforts, and the inability of the international community to effectively punish them has resulted in a missed opportunity to provide a deterrent against future black-market salesmen."