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 partial budget blueprint released by the White House recently will put U.S. leadership in science and technology at serious risk if Congress goes along. In addition to the obvious damage that would result from the proposed $5.8 billion cut at NIH, the $2 billion cut in applied energy R&D, the $900 million cut in DOE’s Office of Science, the abolition of ARPA-E, and the research cuts at NOAA and EPA, a less immediately obvious potential casualty would be U.S. scientific cooperation with a wide variety of other countries on a wide variety of topics."

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.”

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 International Atomic Energy Agency drew several important conclusions in the report it released last week on the weapons-related elements of Iran's past nuclear activities..."

"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."

In this new oped for the Bulletin of the Atomic Scientist, MTA Associate Aaron Arnold and colleague Nikos Passas consider the role of banks in monitoring and verifying proliferation-related transactions. He outlines steps that the P5+1 and Iran can take in a final agreement that will allow them to remain vigilant about proliferation financing.