Science, Technology, and Public Policy

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.

"Belfer Center Newsmakers" highlights members of the Belfer Center community who have been featured recently in the news.

The Project on Managing the Atom offers fellowships for pre-doctoral, post-doctoral, and mid-career researchers for one year, with a possibility for renewal, in the stimulating environment of the Belfer Center for Science and International Affairs at the Harvard Kennedy School. The online application for 2016-2017 fellowships opened December 15, 2015, and the application deadline is January 15, 2016. Recommendation letters are due by February 1, 2016.

"The key to a solution to both — the quagmire that has unfolded in Syria and the threat posed by Islamic terrorism — is to deprive the terrorist groups of their main propaganda tools and to form a new Syrian government that excludes Assad (and his foreign Shiite allies) but includes representatives from all of the non-fundamentalist groups involved in the civil war."

"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."

"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 ninth Review Conference of the Treaty on the Non-Proliferation of Nuclear Weapons (NPT) will be held at the UN Headquarters in New York from April 27-May 22, 2015. This is the fourth such conference since the indefinite extension of the NPT in 1995. Participating governments will discuss nuclear disarmament, non-proliferation, and the peaceful use of nuclear energy with a view to arriving at consensus on a number of issues.

"...[T]he key difference between the secular Congress Party-led coalition and the one led by the Hindu nationalist BJP lies in their public-relations management of the bilateral relationship. The former publicly downplays strategic ties between India and Israel, while the latter loudly champions its defense and strategic cooperation with Tel Aviv. Beyond these semantics, however, the Congress Party and the BJP maintain largely similar ties with the Jewish state."

"This isolation has left Tehran no option but to turn to Moscow. And, as relations between the US and Russia have deteriorated, the Middle Eastern state has the scope to become an evermore decisive and divisive factor."