Articles

A interview conducted by The Fletcher School Forum with Ambassador Nicholas Burns, Former Under Secretary of State for Political Affairs.

During the Trump administration, the usual ways of conducting diplomacy have been upended. Many positions in the State Department have never been filled, and meetings with foreign leaders such as Kim Jong-un and Vladimir Putin have been undertaken with little advance planning. What effect are these changes having now, and how will they affect ongoing relationships between the United States and its allies and adversaries?

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.

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.

‘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.

On 21 May 2014, during a state visit by President Vladimir Putin to Beijing, China and Russia signed a $400 billion, 30-year gas deal. Under this agreement, China will import 38 billion cubic metres of natural gas from Russia’s Gazprom, beginning in 2018. Why, after 15 years of stalemated negotiations, did this breakthrough occur in 2014? Why did a natural, symbiotic gas relationship not develop earlier and more gradually? Most studies explain this by looking at Russia’s international isolation post Ukraine. Based on interviews with both Chinese and Russian officials this article argues the following: domestic incentives, rather than foreign-policy pressures, are the real force behind the timing of Sino–Russian energy breakthroughs in 2014.