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.

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 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.

"Insofar as Iran demonstrates a willingness to compromise, U.S. policymakers will need to carefully weigh their interest in supporting regional alliesintent on confronting Iran against the U.S. objective of encouraging Iranian nuclear restraint by reducing tensions."

"There is only one country in the Middle East that is truly in alliance with the United States in its fight against the ISIS and that is Iran. The military presence of the Iranian Revolutionary Guard Corps' (IRGC) elite forces in defense of the territorial integrity and political stability of Iraq has already expanded from the Kurdish city of Erbil to the multiethnic capital city of Baghdad."

"The United States is overestimating its leverage with sanctions in negotiating a nuclear agreement with Iran—a gamble bound to fail. A second deadline has slipped without a comprehensive agreement between the P5+1 and Iran, and hawkish rhetoric in the U.S. underscores a growing pessimism for successful negotiations by the next deadline in June 2015. Calls to strengthen sanctions highlight waning Congressional support for the talks, and buttress a narrow and unrealistic narrative that economic deprivation will force concessions. Any new sanctions, especially those proposed under the draconian Nuclear Iran Prevention Act, threaten to derail negotiations while providing cannon fodder for Iran’s hardliners..."