5 Items

FBI agents leaving a raid.

AP Photo/Julio Cortez

Journal Article - Contemporary Security Policy

Going it Alone: The Causes and Consequences of U.S. Extraterritorial Counterproliferation Enforcement

| Mar. 25, 2019

In 2004, the United Nations Security Council adopted resolution 1540, which acknowledged the non-state acquisition of weapons of mass destruction as a security threat and called on member states to implement “appropriate effective” domestic trade controls. The United States, however, has both promoted the multilateral implementation of strategic trade controls but has also increasingly resorted to extraterritorial enforcement of its counterproliferation rules. How can a multilateral, norms-based international regime like 1540 contend with extraterritorial enforcement based on national interests? We argue that increased U.S. extraterritorial counterproliferation policies are a consequence of the inconsistent implementation of resolution 1540, adaptive and resilient proliferation networks, and a history of expanding legal interpretations of jurisdiction. We find that while U.S. extraterritorial enforcement can effectively disrupt networks hiding in overseas jurisdictions, doing so creates disincentives for states to implement 1540 obligations and undermines broader nonproliferation objectives.

FBI agents leave a raid in Trenton, N.J. on July 19, 2012

Julio Cortez/AP

Discussion Paper - Managing the Atom Project, Belfer Center

The Long Arm

| February 2019

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? 

People at Seoul Train Station watch a a local news program reporting about a North Korean missile launch. Aug. 30, 2017 (Lee Jin-man/Associated Press).

Lee Jin-man/Associated Press

Journal Article - The RUSI Journal

North Korea’s Missile Programme and Supply-Side Controls: Lessons for Countering Illicit Procurement

| Oct. 17, 2018

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.

Kuala Lumpur, Malaysia (Azharsofii/Wikimedia).

Azharsofii/Wikimedia

Journal Article - European Journal of International Security

Exploring the Use of 'Third Countries' in Proliferation Networks: The Case of Malaysia

| Aug. 10, 2018

‘Third countries’ are frequently exploited by those involved in networks to transfer proliferation-sensitive technologies, allowing procurement agents to obscure the end user or vendor located in the proliferating state, and to deceive industry, export licensing officials, and intelligence services. While ‘third countries’ frequently feature in illicit transactions, the academic literature exploring the roles played by entities in these jurisdictions is limited. Building on the sanctions busting literature, this article proposes a loose typology considering the ways in which third countries can be exploited by proliferation networks. The typology is illustrated using three cases involving entities based in Malaysia – A. Q. Khan’s nuclear black market network, and Iran and North Korea’s efforts to procure and market WMD-related and military goods. These cases are used to generate insights into proliferators’ selection of ‘third country’ hubs. The article argues that while exploitation of third countries by proliferation networks is a similar, but distinct phenomenon to trade-based sanctions busting, hubs of both activities share characteristics. Furthermore, the article argues that other factors beyond the lax regulatory environment, such as level of development, and personal connections, are often as important in driving the decisions of proliferation networks. The article concludes with implications for nonproliferation policy.

A U.S. Navy Grumman F-14A-90-GR Tomcat.

U.S. Navy

Journal Article - Strategic Trade Review

Tomcat and Mouse: Iranian Illicit Procurement of U.S. Legacy Military Technologies, 1979–2016

| Autumn 2017

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.