Middle East & North Africa

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.

On April 2, 2015, the E.U. (speaking on behalf of the P5+1 countries) and Iran announced agreement on “key parameters” for a comprehensive agreement on Iran’s nuclear program. The E.U.-Iran Joint Statement is buttressed by unilateral facts sheets issued by the U.S. and Iran, which provide further details of the framework accord. Negotiators now turn to translating this framework accord into a final comprehensive agreement by June 30, 2015. Members of Congress and their staffs, as well as informed citizens, are now focusing on the Iranian challenge and assessing the framework accord. The Belfer Center for Science and International Affairs at the Harvard Kennedy School has prepared this Policy Brief summarizing key facts, core concepts, and major arguments for and against the current deal aimed at stopping Iran from developing nuclear weapons. The purpose of this Policy Brief is not to advocate support for or opposition to the tentative deal that has been negotiated, but rather to provide an objective, nonpartisan summary to inform Members and others in coming to their own conclusions. The team of experts who prepared this report includes Democrats, Republicans, Independents, and internationals, who have many disagreements among themselves but who agree that this Brief presents the essentials objectively.

Financial sanctions against Iran are contributing to the growth of regional criminal networks, which use fraud, bribery, and corruption to facilitate commerce. From airplane parts and medical equipment, to specialized materials for weapons programs, an intricate underground economy of financial and logistic intermediaries play a critical role in helping Iran circumvent Western sanctions. Do not expect this to change in a post-sanctions world...

"This short piece provides a number of recommendations for countries in the region to strengthen nuclear security through a regional process, independent of a global one. In addition to enhancing nuclear security and ensuring that nuclear materials and weapons do not fall into the hands of terrorists, our approach would also help establish confidence and security-building measures in a region that lacks both security and confidence."

"...[Y]es, I think Stuxnet had a few down sides. One of those down sides was that the actual attack code became publicly available. As far as I can tell the attack code was supposed to die and not get out onto the Internet, but apparently the same way it got into Natanz [Iranian nuclear enrichment facility], it got out...."

John S. Park, Stanton Nuclear Security Junior Faculty Fellow at the Massachusetts Institute of Technology and Project on Managing the Atom Associate, argues that cooperation between North Korea and Iran has been a critical—yet underexamined—enabler of North Korea's recent success. He concludes that the time has come for the United States to view the two previously independent missile programs as two sides of the same coin and recommends strategies for disrupting the procurement channels between Iran and North Korea.

Given the seriousness of the ongoing standoff on the Korean peninsula, South Korea's emergence as an active contributor to international security addressing challenges far from the Korean peninsula is a striking new development, marking South Korea's emergence as a producer rather than a consumer of global security resources. This volume outlines South Korea's progress and accomplishments toward enhancing its role and reputation as a contributor to international security.

This study assesses current U.S. policy options on the Iranian nuclear question. It suggests that U.S. goals can be met through patient and forward-looking policymaking. Specifically, the United States can begin to lay the groundwork for an effective containment policy while continuing efforts to forestall Iranian weaponization. A successful containment policy will promote long-term positive political change in Iran while avoiding counterproductive provocation.