Another good discussion of North Korea, food aid, and donor fatigue

There are compelling arguments from defectors that suggest it’s time to cut loose, no matter how Machiavellian that may seem. The growing suspicion is that food aid inhibits the population’s ability for self-determinism and profligates the regime’s control. In other words, while we pump $200,000,000 of food aid into the country, Kim Jong-un can spend the national budget on 4-D cinemas, water parks and, you guessed it, nuclear armament (though, that, too, is unfounded hearsay—the kind of scaremongering required to get people to take notice).

The detractors of aid argue that North Korea does not suffer from a lack of food because it can’t afford to import enough, rather, that it does so due to a systematic governmental plan of expenditure that excludes food. The government needs to adjust its own budgets before aid will be invigorated. This is almost certainly correct.

Worse still, the population suffers from dual mismanagement, first from the government and second by the WFP, whose hands are tied by the latter. There isn’t compelling evidence to suggest the aid even breaks the surface of the population. Due to the lack of transparency by the North Korean government, the vast majority of the money donated, for all we know, may have been thrown into a gigantic suitcase under Kim Jong-un’s bed. [David Whelan, Vice]

Kim Jong Un’s ostentatious, sybaritic budget priorities have changed the conversation about food aid in a way that Kim Jong Il’s budget priorities should have but didn’t. Cutting aid would break Kim Jong Un’s use of the World Food Program and its supposed recipients as hostages, but it obviously won’t fill the bellies of the hungry. Only changes in Pyongyang’s policies can do that, and those policies will only change if Pyongyang is forced to change them.

If the WFP must go, it mustn’t go quietly. Nor should the world, which ought to make Kim Jong Un pay a severe price for depriving his subjects.

Travel in N. Korea “feels incredibly safe,” says tour company whose customer just got 6 years hard labor.

In a proceeding that took just 90 minutes — about as long as most arraignments I’ve done — North Korea’s “Supreme Court” has sentenced American tourist Matthew Todd Miller to six years of hard labor for “entering the country illegally and trying to commit espionage.” The AP omits the State Department’s easily accessible finding that North Korea’s “judiciary was not independent and did not provide fair trials,” but adds the amusing detail that Miller waived his right to a North Korean lawyer.

It also adds the interesting and new (to me) details that Miller “admitted to having the ‘wild ambition’ of experiencing prison life so that he could secretly investigate North Korea’s human rights situation,” and “claimed, falsely, that his iPad and iPod contained secret information about the U.S. military in South Korea.” Or so say the North Korean “prosecutors.”

It isn’t clear what gave Miller the notion that he would be housed in the same conditions as North Korean political prisoners, but it’s a safe bet that he won’t be gassed to test a chemical weapon, forced to dig his own grave and beaten to death with a hammer, killed for trying to eat a guard’s whip or eating chestnuts off the ground, or drowned in a waste pond. Or raped and murdered. Or made to race next to a modern-day “parachutist’s wall” for the amusement of his guards.

Also, I wonder who’ll break it to Miller that someone else has already written a book about conditions in North Korea’s Gulag Lite, the North Korean analogue to a “country club” prison.

In prison, Miller will join fellow American Kenneth Bae. A third American tourist, Jeffrey Fowle, has not yet been formally tried and sentenced. The Rev. Kim Dong Shik, a lawful permanent resident whom North Koreans abducted from China and brought to North Korea in 2000, is unavailable for comment.

The consensus view of North Korea’s motive for sentencing Miller to hard labor, rather than giving him a good smack on the side of his head and putting him on the next flight out, is that it is political. That is, Pyongyang is using its American hostages to force the U.S. government into talks about aid, diplomatic recognition, sanctions relief, and de facto recognition of North Korea as a nuclear state. As even the AP concedes, “North Korea has a long history of attempting to use American detainees to win attention and concessions from Washington, which insists Pyongyang must give up its nuclear ambitions before relations can be normalized.”

President Bush removed North Korea from the list of state sponsors of terrorism on October 11, 2008. The Obama Administration’s official view is that North Korea is “not known to have sponsored any terrorist acts since the bombing of a Korean Airlines flight in 1987.” Discuss among yourselves.

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This morning, out of curiosity, I went to the web site of Uri Tours,* the company that sold Miller his overpriced tour of North Korea, and found this:

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[Plaintiff's Exhibit A, accessed September 14, 2014.]

The U.S. State Department takes a very different view of whether travel in North Korea is safe:

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[Plaintiff's Exhibit B]

Imagine a company in America selling asbestos pajamas with “feels incredibly safe!” printed on the packaging. Gleeful personal injury lawyers would line up outside the store with clipboards to sign the purchasers’ families up for contingency-fee retainer agreements.

Perhaps an equally lucrative strategy would be to do the same at the Capital Airport in Beijing, at the gate where the Air Koryo flights leave for Pyongyang. Off-hand, I can’t think of a case of a company as negligently — even fraudulently — inducing a customer into buying an unsafe product without adequate safety warnings. The American Bar Association has written about the potential liability of travel agents** to their customers for placing them in dangerous situations:

The travel agent is considered the legal agent of the travel service provider for the product that is sold. That is, the travel agent is employed by or acts on behalf of the transportation companies. However, the recent growing trend is for courts to find that agents owe a fiduciary duty to the customer, that is, the travel agent is the legal agent of the customer, as well as being the legal agent of the provider of travel. This dual agency status of being an agent for both the traveler and the provider of travel has continued to grow as travel agencies have relied less and less on the business customer and more on the leisure market.

Generally, in the United States, a travel agent is liable for injuries caused to the traveler if the agent did not act with due diligence in investigating the safety of the provider of travel that is acting as its principal. Potential travelers in the leisure market (as opposed to business travelers) rely on the travel agent’s expertise and special knowledge of the cruise ship or hotel or resort that they are booking. In this situation there is a higher standard of care owed by the travel agent to the customer.

Of course, Miller’s alleged acts would be appear to be those of an unstable person. Could Uri be held liable for under such circumstances? If Uri owed Miller a fiduciary duty, it might have had a duty to make reasonable inquiries about his mental stability and his intentions on arriving in North Korea, and to refuse to sell tours to a person likely to endanger himself. Uri Tours, which seems to betray its own concerns about liability, is saying that it made those inquiries:

Uri Tours, the New Jersey-based company that organized Miller’s trip, said they assisted him in designing a custom tour. [L.A. Times, Steven Borowiec]

Well …. You can’t deny that Miller is now experiencing an aspect of life in North Korea that few tourists will ever see. Miller is, or so the usual cliches go, getting “a rare glimpse” and “exclusive access” to an places that few Westerners will be allowed to see. Indeed, ever since the AP gained exclusive access to Pyongyang, it has been relatively rare for them to write about that aspect of life in North Korea.

I could go on: Miller’s visit has opened new doors for foreigners in North Korea! (… and then locked them securely behind him). His visit has resulted in new diplomatic contacts! (… through the Swedish protecting power.) He has made new people-to-people contacts! (… through the food tray slot in his cell door.) He has given North Koreans new insight into life in America! (His interrogators report that we’re decadent, unpatriotic, and mentally unbalanced.)

Uri Tours chief executive Andrea Lee said that as a result of Miller’s arrest and detention, the company has instituted new measures to more thoroughly screen passengers before their tour. She said Uri Tours now routinely requests secondary contacts from prospective travelers and reserves the right to contact those references to confirm facts that are in question.

I can hardly wait to see what “new measures” Uri Tours will take to protect the safety of its customers. Not sending them to North Korea comes to mind. Meanwhile, the deceptive assurance that travel in North Korea is safe remains on Uri’s site, months after Miller’s arrest.

“Although we ask a series of tailored questions on our application form designed to get to know a traveler and his/her interests, it’s not always possible for us to foresee how a tourist may behave during a DPRK tour,” Lee said via email, using the initials for the nation’s formal name, the Democratic People’s Republic of Korea.

Or, a court could find that tours of North Korea are, in light of past history, so inherently dangerous as to impose even greater legal duties on Uri and other tour companies.

No doubt, Uri had its customers sign liability waivers. Having reviewed dozens of such waivers and researched how state law treats them, I have a dim view of the legal protection they provide. While a signed waiver might be helpful to Uri’s defense, it would not provide a complete defense, especially if a court found that Uri’s warnings were negligent or knowingly deceptive.

I can already see the TV commercials: Have you been sentenced to hard labor in North Korea? Call the law firm ….

But of course, when Americans book tours of North Korea, Americans are the least likely to be the ones who suffer for it. You really have to be a soulless imbecile to do something as morally negligent as putting dollars into Kim Jong Un’s pocket.

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Update: This post was edited after publication.

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Update 2: Welcome, Washington Post readers.

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* In Korean, “Uri” means “our,” and in contemporary Korean society, has a strong ethno-nationalist connotation. For example, “Uri” was also the name of the left-wing nationalist political party of former President Roh Moo Hyun, who held office from 2003 to 2008, and who increased aid to North Korea dramatically. In his memoir, former Secretary of Defense Robert Gates described Roh as “anti-American” and “a little crazy.” In 2009, Roh committed suicide by leaping to his death from a cliff.

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** Because North Korea is no longer listed as a state sponsor of terrorism, it is immune from suit under the Foreign Sovereign Immunities Act, even for acts that are transparently meant to use Americans as hostages to win diplomatic concessions. It would lose this immunity and become subject to suit, if it is re-listed as an SSOT because of its detentions of American citizens.

On Think Tanks, Propaganda, the Foreign Agents’ Registration Act, and Korea

Washington is a marvelous city for someone like me. Where else could a foreigner, an outsider like myself, do the things I was able to do?

                                          – Tongsun Park, to the House Ethics Committee, April 1978

A detailed story in The New York Times, examining grants and gifts by foreign governments to U.S. think tanks — and how those gifts influence scholars (and through them), voters, policymakers, and Congress — has caused much controversy and discussion in Washington this week. South Korea is not mentioned in the story, but it does feature prominently in this companion graphic tracking think tank contributions.

The Times also suggests that some of the strings attached to those gifts, whether expressed or (more often) implied, could violate the Foreign Agents Registration Act, which is a thing people can actually go to jail for, but as we’ll see below, seldom do.

In a Washington Post op-ed, David Post calls the story “rather nasty” and wonders what the big deal is. The Brookings Institution, one of the think tanks discussed in the story, responds that the reporter’s “characterization of a few issues is inaccurate,” but promises to “continue to review our internal policies and procedures … to make sure that we are setting the standard for think tank integrity.” A “deeply concerned” Congressman Frank Wolf also wrote to Brookings. And in a thoughtful piece for The New Republic, John Judis worries that foreign influence is corrupting our foreign policy. I’ll return to Judis’s piece a few times in this post.

There is much in the Times’s story that’s concerning, such as this:

Qatar and the United Arab Emirates — two nations that host large United States military bases and view a continued American military presence as central to their own national security — have been especially aggressive in their giving to think tanks. The two Persian Gulf monarchies are also engaged in a battle with each other to shape Western opinion, with Qatar arguing that Muslim Brotherhood-style political Islam is the Arab world’s best hope for democracy, and the United Arab Emirates seeking to persuade United States policy makers that the Brotherhood is a dangerous threat to the region’s stability. [N.Y. Times]

Guess who else has been one of the beneficiaries of Qatar’s contributions to “political Islam.”

It’s bad enough that foreign governments vie to use our armed forces as their rent-a-cops. Now, contemplate the idea that foreign governments do this even as they simultaneously subsidize threats to themselves, to the American people, and to millions of other innocent civilians.

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This brings us to Korea, one of a select group of countries to have given its name to a Washington influence-peddling scandal. In 1977, years before his conviction in the Oil-for-Food scandal, Tongsun Park was “charged with 36 counts of conspiracy, bribery, mail fraud, failure to register as a foreign agent and making illegal political contributions,” after paying off 30 members of Congress to support South Korea’s interests, including by opposing a withdrawal of U.S. forces from Korea.

During the decade I’ve watched Korea policy in Washington, I’ve never seen or heard of anything remotely resembling Koreagate. I have, however, observed the extraordinary influence of the South Korean government over our Korea policy. Specifically, I’ve observed the tendency of South Korean Embassy staff and Korea-affiliated foundations to offer grants, travel, and other things of value to persons they considered influential. People I trust — both Koreans and Americans — have described efforts by the Korean Embassy to influence the agenda, content, and comment at think tank events where scholars meet, connect, and share information. At events I’ve attended in Washington and elsewhere, “Counselors” from the Korean Consulates were always present, and always watchful.

The “news” that foreign governments buy influence in Washington will not shock many people in this town, but the possibility that conduct far less egregious than Koreagate could still be illegal might. I’ve long felt that some Korea watchers should be more wary about FARA compliance. I’ve also long felt that the Justice Department should offer clearer guidance about the FARA’s limits, and that it should be more aggressive about enforcing the law against those who have crossed them.

For example, writing a confidential gossip dossier filled with personal information of obvious intelligence value about influential scholars, journalists, congressional staffers, and government officials — and then attempting to provide that dossier to a foreign embassy — certainly runs contrary to my reading of the FARA’s spirit. The Justice Department can decide whether this was legal, but I certainly found it ethically objectionable, like a Washington analogue to The Lives of Others. I’d be astonished if South Korea’s National Intelligence Service didn’t plan to use that dossier to target its subjects. But for an errant keystroke that sent that dossier to hundreds of people, none of the subjects would ever have known that a fellow citizen was reporting their vulnerabilities and personal matters to a foreign government.

Observing all of this from my anomalous position — a hobbyist Korea-watcher without professional entanglements with Korea — I’ve often thought that South Korea’s influence was so extensive that I’ve wondered how one can even do significant policy research about Korea beyond its sphere of influence. The expectations of a foreign donor, and how those expectations impact the donee’s work, have obvious potential to push a scholar into treacherous waters, both legally and ethically. I know scholars who’ve shared similar concerns with me.

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Disclosures required under the FARA are supposed to be publicly available, but until recently, you had to obtain them from the Justice Department’s FARA Unit. Today, the Sunlight Foundation has begun publishing them online, although the data are still incomplete. Here is what those disclosures tell us about:

This document provides exceptionally detailed information about what individuals or companies do for their foreign clients. This could include contacting a member of Congress, a federal official or a member of the media. It also could involve producing a conference, press releases or placing op-eds. Supplemental forms also contain key information such as who registrants have contacted in the United States, payments to registrants from clients, political contributions and disbursements that are used to pay for expenses and activities. [Sunlight Foundation]

But how does South Korea compare to other nations in terms of its influence-buying? Sunlight analyzed the FARA disclosures of different nations and found that South Korea spends $3.9 million a year to influence Americans. That would put Korea first among East Asian nations, and seventh among all nations.

It would, except that even this figure is probably a wild underestimate (Israel, a country of undeniable influence, didn’t even make the list). For one thing, it excludes “diplomatic contacts by members of a nation’s embassy.” It also excludes contributions that donees either don’t have to report to the Justice Department, or simply don’t report. Finally, we may not associate FARA-reportable contributions by foreign corporations with a foreign government, even when the foreign government orchestrates them.

The FARA also has a confusing, abuse-prone exemption for “the defense of [a] foreign government” the President has deemed “vital to United States defense.” For the life of me, I can’t see the use for that.

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South Korea’s FARA-registered agents include 22 governmental, consular, political, and commercial entities. They also include at least one media entity, the Korean Broadcasting System. The Korea Herald has also reported FARA contacts with the Korea Economic Institute.

The Korea Economic Institute is the most prominent FARA-registered entity in Korea policy circles. KEI is a well-connected group that serves as South Korea’s voice (and a key hub of its influence machine) in Washington. Its current head is a former congressman, and its previous head was a former senior State Department official. According to KEI’s IRS Form 990, KEI had an annual revenue of $2.3 million in 2012, but in 2013, it reported only $1.3 million in “payments to the registrant,” suggesting that (assuming Sunlight’s math is correct) many of its financials were not reported (or reportable) under the FARA. Its FARA-reported annual outlays include overhead and salaries, and support for conferences, congressional round tables, study programs, and social events for influential people, such as the Korea Society’s Annual Gala.

Despite its considerable influence on Korea policy, the Korea Society is not FARA registered, although a number of its contributions have been disclosed under the FARA, and its Chair, a former U.S. Ambassador to Korea, has disclosed contacts on behalf of Korean principals. Its contributors include KEI and a host of Korean corporations, including LG, Doosan, Asiana, SK, Hanhwa, and Hyundai, in addition to U.S. and European corporations. They also include The Korea Foundation, an organization under the substantial control of the Korean government.

Nothing in my research surprised me as much as the fact that The Korea Foundation (unlike the South Korean government, and its Embassy) also does not appear on the list of registered foreign agents, although a few of its contributions to KEI and other organizations are listed among the FARA disclosures.

That is troubling, because there is no question that the Korea Foundation is a tiger’s paw for the Korean government. It is a creation of a Korean law. Its Chair is “appointed by the President upon the proposal by the Minister of Foreign Affairs and Trade.” Its directors and officers are all appointed by the Foreign Ministry. Most of its offices abroad, with the notable exceptions of its Washington D.C. and Los Angeles offices, are co-located with Korean embassies (See Page 51 of its 2012 annual report). Its annual budget of more than $200 million (49) is funded by the Korean government and Korean corporations.

Screen Shot 2014-09-12 at 9.36.18 AM

[Figures in Korean won. W1,000 ~ $1.]

The Korea Foundation is immensely influential in U.S. policy circles. It promotes Korean culture, language, and academic exchanges, which is wonderful. It also conducts what it calls “public diplomacy,” a concept it describes in terms that strongly suggest an intent to influence policy through important people:

The Korea Foundation implements various dialogue programs to help fulfill its public diplomacy mission by providing venues for in-depth discussion among distinguished foreign figures and Korea-related specialists, and groups of next-generation leaders, expanding the community of those with a keen interest in Korea, establishing human resource networks, telling the story of Korea to the world’s peoples, and strengthening friendship with countries the world over. To enhance Korea’s public diplomacy, the Foundation organizes numerous international forums that include the participation of domestic and foreign opinion leaders from the fields of politics, economics, and academia, as well as those in the social and cultural sectors. In addition, the
Foundation supports think-tanks abroad, as well as the research projects, conferences, and publications of international organizations. (5)

Specifically, the Korea Foundation provides “support for policy-oriented research on Korea” by the American Enterprise Institute, The Brookings Institution, Berkeley’s APEC Study Center, the Center for Arms Control and Non-Proliferation, Council on Foreign Relations, the Korea Society, KEI, the Mansfield Institute, and the Wilson Center, among others (39). Here are some screenshots from its 2012 annual report.

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The Korea Foundation has also brokered donations by Korean corporations and wealthy individuals to numerous U.S. and third-country universities, including Harvard ($570,000), Cornell ($450,000), Indiana University ($750,000), and the Deerfield Academy ($1,113,000) (48).

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In his New Republic piece, John Judis writes that “Japan and China, two of the main countries that have tried to exercise influence in Washington, have often done so through companies and foundations rather than directly through their governments.” He recounts a number of experiences with this and concludes, “In these countries, government and business often work in concert.” Clearly, that is also true of South Korea.

It is also true of North Korea, which is increasingly using corporate profiteers as levers against Seoul’s disarmament-first policy, in favor of a unilateral lifting of sanctions to allow more investment. That view seems to be gaining traction within South Korea’s ruling party, notwithstanding significant ethical and security concerns to the contrary. And if that view prevails in Seoul, its influence will be felt in Washington, too.

The Korea Foundation also sponsors congressional staff visits to Korea.

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None of this means, of course, that the scholars and think tanks that participated in Korea Foundation events allowed their work to be influenced. But having read the Times article, you may wonder whether The Korea Foundation has ever used its funding to try to control American think tanks. You don’t have to. In 2003, The American Enterprise Institute published a special Korea issue of The American Enterprise. Some of the articles in that issue questioned the return on our military subsidies to South Korea following a wave of pro-North Korean and anti-American sentiment that sometimes resulted in violence, and most of which was repulsive in some way. Shortly thereafter, the Korea Foundation withdrew its funding from AEI, and it made no great secret about why.

I can’t say how much of an in terrorem effect the Korea Foundation’s action against AEI had on other think tanks, but it seems suspect that ever since, almost no scholars of note have questioned the size or shape of U.S. Forces Korea. The only example I know of is Doug Bandow. Unfortunately, we’ve heard little from Mr. Bandow since he admitted to taking money from Jack Abramoff.

(My own belief is that U.S. Forces Korea is overdue to evolve into a command that provides air, naval, logistical, and intelligence support, as one part of a multilateral regional alliance. I’ve believed since I was a soldier in Korea that keeping U.S. ground forces there is a relic of 1960s doctrine. It puts tens of thousands of American soldiers and their families at excessive risk from a North Korean attack. American taxpayers carry too much of the burden of South Korea’s defense, and South Korea’s reliance on Uncle Sugar’s security blanket had created a false sense of security. South Korea will never be a self-confident and independent nation without greater self-sufficiency in its own defense. To achieve that, it should end its subsidies to North Koreastop cutting its defense budget, improve its missile defenses, and build a big enough Army reserve component to stabilize North Korea if the regime collapses. Also, I dislike the idea that my taxes are effectively subsiding both sides. But then, I can see why South Korea would rather not raise defense spending when having a good lobby in Washington costs so much less.)

Of course, the most effective way to influence people is through personal relationships. Indeed, The Washington Post’s report on Sunlight’s study concluded that because it’s cheaper and more effective to use long-established connections, “[t]he governments that spend the most here on hired PR are ones that typically don’t have strong established diplomatic ties.”

Not surprisingly for a culture places a high value on friendships and loyalty, Korea does that very well. In a 2007 op-ed for a Korean newspaper, one respected American scholar cited the Korea Foundation’s assistance to him and the enduring gratitude it had obviously earned, and called for the Korean government to increase its funding:

For the past ten years I have received grants from the foundation to hold conferences on Korea in the United States when I was at the Korea Economic Institute in Washington, and for the past three years to support the reports being written by the International Crisis Group’s Seoul office. The amounts were never huge, but they really made a difference for my organizations. In fact, the foundation provides the only funding that Crisis Group receives from China (excluding Hong Kong), Japan or Korea. The Japan Foundation and Sasakawa Peace Foundation will not go near projects that might offend Japan’s right wingers. Crisis Group’s report on history/territorial disputes certainly would have.

This scholar corroborates the Korean government’s politicization of the Korea Foundation when he writes, “It is well known that one president’s chief (if not only) qualification was that he had backed the right horse in the presidential election.”

Although the scholar insists that “in all of my various capacities, the Korea Foundation never once even hinted at what subjects I should write about or the opinions I should express,” at the end of his piece, he alleges that “[t]hree American think tanks have quietly complained to me that they thought their funding had been suddenly cut off for political reasons.” That op-ed was published not long after the Korea Foundation cut off funding for the American Enterprise Institute.

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Since you were about to ask, North Korea also has one FARA-registered agent, Woo Park of “Korea Pyongyang Trading U.S.A.,” who appears to be the same person as Steve Park of Pyongyang Soju infamy. To further confuse you, Park was previously convicted of acting as an unregistered South Korean agent, by giving its National Intelligence Service detailed reports of his travels in North Korea. Immediately thereafter, the judge allowed Park to leave for a business trip to Pyongyang, where he was, inexplicably, not immediately shot. (Try to imagine the conversation between Park and his lawyer — you want me to ask the judge what at your plea hearing??).

Park still aspires to promote North Korean business interests here today. Want to read a translation of his MOU with the North Koreans to promote Keumgang tours to Americans? You know you do. Yes, that would be the same Keumgang where a North Korean soldier shot and killed South Korean wife and mother Park Wang-Ja in 2008. The MOU doesn’t disclose what Park is being paid, but does have this curious term:

The two sides shall not announce the nationalities and affiliations of the tourism study delegation personnel.

In other words, this foreign influence disclosure statute disclosed a nondisclosure agreement to protect the secrecy of North Korea’s finances, which it will use to buy foreign influence.

Park isn’t the only one to violate the FARA on North Korea’s behalf. In 2003, businessman and “unification” activist John Joungwoong Yai of Santa Monica pled guilty to taking more than $18,000 from North Korean agents to work on Pyongyang’s behalf.

North Korea is also a beneficiary of the influence of Chinese commercial interests. Judis adds:

… The New York Times might have also investigated another foreign contribution to CSIS. This May, CSIS, which I’ve heard from other people at think tanks to be desperately seeking funding, announced that its posh new building would house the Zbigniew Institute on Geostrategy. The institute, which may simply be a fundraising gimmick, was seeded by a large grant from Wenliang Wang, who runs Rilin Enterprises, which is headquartered in Dandong, China.

Rilin Enterprises is the largest private construction firm in China and also controls the largest port near the North Korean border. Wang has been an advisor to municipal administrations and is on Forbes list of the China’s most wealthy individuals. Says Mann, “Anyone in construction is dependent on state banks for loans. Dandong, the closest city to North Korea, is more heavily connected to the government and the People’s Liberation Army than most other cities. It is safe to conclude the guy has extensive government connections.” Is it likely, given this bequest, that this institute will air hostile views toward China?

Dandong, of course, is also a notorious hub for North Korean money laundering.

The problem of illegal foreign influence-buying is much larger than think tanks, of course, and touches both parties. A few of us will recall the massive Chinese influence-buying scandal from the 1996 campaign, when Chinese diplomats funneled money to Democratic campaigns through their agents of influence in the United States, who in turn funneled the money through destitute immigrants who often spoke little English. The scandal resulted in several jail terms and even lapped at the feet of former Vice President Al Gore.

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Having said this, the application of the FARA to think tanks and scholars isn’t as clear as The New York Times would suggest. The “Definitions” section of the FARA (see 22 U.S.C. 611), defines “foreign principal” to mean almost any foreign government, person, or entity, and “agent of a foreign principal” as any person who acts as the principal’s “public-relations counsel,” “publicity agent,” or “information-service employee.” So what do those things mean?

(g) The term “public-relations counsel” includes any person who engages directly or indirectly in informing, advising, or in any way representing a principal in any public relations matter pertaining to political or public interests, policies, or relations of such principal;

There is a specific exception for news organizations, although the FARA leaves just enough room to allow, arguably, for a prosecution of an individual journalist who agrees to censor or alter the content of a news report on a foreign principal’s behalf. (And … I’ll just stop there.)

(h) The term “publicity agent” includes any person who engages directly or indirectly in the publication or dissemination of oral, visual, graphic, written, or pictorial information or matter of any kind, including publication by means of advertising, books, periodicals, newspapers, lectures, broadcasts, motion pictures, or otherwise;

This provision would probably cover bloggers and activists. So would the following one, which is also the provision that’s most likely to apply to think tanks:

(i) The term “information-service employee” includes any person who is engaged in furnishing, disseminating, or publishing accounts, descriptions, information, or data with respect to the political, industrial, employment, economic, social, cultural, or other benefits, advantages, facts, or conditions of any country other than the United States or of any government of a foreign country or of a foreign political party or of a partnership, association, corporation, organization, or other combination of individuals organized under the laws of, or having its principal place of business in, a foreign country;

The FARA then imposes certain disclosure and registration requirements on those falling within the definition of the term “agent of a foreign principal,” but contains (at 22 U.S.C. sec. 613) a number of exceptions, including this one:

Any person engaging or agreeing to engage only in activities in furtherance of bona fide religious, scholastic, academic, or scientific pursuits or of the fine arts;

“Bona fide” leaves much to the prosecutorial imagination, and neither DOJ’s public guidance nor its FARA regulations help to clarify it. My view, which obviously isn’t the view that really matters, is that research is “bona fide” if it’s objective and unencumbered by any “order, request, … direction or control, of a foreign principal.” It ceases to be “bona fide” when a foreign principal’s “order, request, … direction or control,” affects its content.

In most cases, of course, that control is only implied. Think tanks are undoubtedly mindful of how donors have reacted to the work of other think tanks and scholars. The Justice Department should be equally mindful of it. It should also clarify that point in a regulation, establishing prior conduct, such as asking a scholar to alter her work or threatening to cut funding, as a FARA-reportable event that becomes circumstantial evidence of intent to control in future cases.

The Justice Department’s FARA regulations are potentially helpful in another way, however. Under section 5.2, a “present or prospective agent of a foreign principal” can ask the Justice Department for a confidential advisory opinion about FARA requirements. The U.S. Attorneys’ Manual’s FARA guidance cites this process as one reason why FARA prosecutions are a rarity today. Another would seem to be DOJ’s practice of only going after easy wins: “millions of dollars in receipts or expenditures by the prospective defendants; ‘core’ violations of FARA with jury appeal; and evidence of willfulness.”

The FARA also provides for civil penalties, but DOJ pursued fewer than two dozen such actions in the three decades preceding 1995, when the FARA section of the Manual was last updated.

Thus, members of the public and scholars can see few signs that the Justice Department is interested in clarifying or enforcing the FARA. Meanwhile, some of America’s best intellectual assets are being overgrown with entanglements. Because of its confidentiality, the advisory opinion process, as useful as it may be for scholars, does nothing to restore public confidence.

~   ~   ~

I express no legal opinion as to whether the Korea Foundation is required to register under the FARA. I am expressing an opinion as a citizen that if it isn’t, then the FARA isn’t serving its intended purposes — to protect the objectivity of our public discourse from hidden foreign influence, and to protect public confidence in the objectivity of our scholarship. Maybe the law needs to be amended, and maybe it just needs to be enforced, but it isn’t working anymore.

Public confidence is important enough that that law recognizes and prohibits “the appearance of impropriety” by those with greater duties to the public. Here, I believe that the appearance is bad enough to demand remedies.

First, the Justice Department should amend its FARA regulations to offer clearer public guidance on the FARA’s application to scholars and nonprofits. Clearer guidance is not only necessary for scholars, but also for the consumers of their research. Specifically, DOJ should promulgate regulatory guidance on implied “direction or control” that mirrors what scholars must already be thinking as they write. It should require scholars and think tanks to report attempts by foreign agents to control their work through requests or threats to cut funding, a power Congress has given the Attorney General in section 2 of the FARA. And when foreign principals fail to meet registration requirements or willfully omit material facts, the Justice Department should enforce the law and set examples.

Second, think tanks don’t have to wait for the Justice Department to act. They can set clear guidelines for their staff, assuming they haven’t already done so. They can use central funding to insulate their scholars from foreign influences on their research. They can also be clear with donors that contributions will be accepted without conditions and encumbrances. Their publications should also voluntarily disclose their contributions from foreign principals that may have interests in the work.

Nothing, however, would be a more welcome change to Korea policy than the emergence of the Korean-American diaspora as an independent political force, with influence in both the U.S. and Korean governments. Such a force would, to be certain, maintain a strong affinity to its ancestral homeland, and continue to support its security. Just as certainly, it would diminish the influence of commercial and corporate interests in favor of security and humanitarian interests. It would be far less likely to triangulate toward the anti-anti-North Korean views of many on South Korean’s political left. And given the success with which Korean-Americans are assimilating into American society, its newer generations would increasingly reflect the interests and values of America as a whole.

~   ~   ~

Update: This post was edited after publication.

New Focus International predicts more power struggles in Pyongyang …

in the coming year:

Hwang Pyong-so, director of the military’s General Political Bureau (GPB), has moved to politically corner Kim Won-hong, director of the Ministry of State Security (MSS). [….]

Tensions of power between Hwang and Kim increased in magnitude as they moved up the hierarchy. Hwang rose more quickly, reaching to the level of Deputy Director in the Organization and Guidance Department (OGD), while Kim first remained in the military-political hierarchy as GPB Organizational Directorate Chief, then led the MPAF Defense Command, and finally, became Director of the Ministry of State Security.

Malnutrition and disillusionment take their toll on the North Korean military.

Rimjin-gang reports that the NKPA is finding that after a full generation of hunger and depressed birth rates, there are fewer young North Korean men who meet its physical standards, and many of those who do dodge the draft. I’d assume that draft-dodging in North Korea requires one to have the financial means to pay significant bribes, and if the possession of such financial means is still largely a function of songbun (hereditary political caste), then the disillusionment has entered the middle and upper-middle castes, too.

For those seeking more background on hunger in the North Korean military, see the links at the end of Rimjin-gang’s article.

Anna Fifield examines the soulless imbeciles who visit North Korea as tourists …

here:

“A lot of people don’t know they can even come here, and then when they get here they say it’s not what they were expecting,” said Rowan Beard, 27, an Australian who runs Young Pioneers. “They think it’s going to be all doom and gloom and death and sad faces.”

That’s funny. I’m no Madonna expert, but if I ever met her, I’d expect to see cosmetics troweled over layers of cosmetic alterations and a vacuous personality, not running sores, lesions, or visible tattoos that say “Dennis.” But then, Darwin hasn’t been so kind to all of us.

Indeed, for all the new places that tourists have been allowed to go in recent years, many others remain off-limits. Tourists are never going to see labor camps where as many as 120,000 political prisoners toil, or the villages where children don’t get enough food because it has been diverted to the military.

One positive thing we do learn from this article is that Americans are finally starting to wise up and stay away. Also, I’ve enjoyed Anna Fifield’s reporting for the WaPo so far.

An excellent panel discussion on food aid to North Korea …

here, via the snaggletoothed, rheumy-eyed old Trotskyites at The Guardian.

I’m not sure how representative the sample is, but it’s a much more skeptical sample than we’d have seen even five years ago. At some point, you have to question why, after a decade of aid, more than 80% of the citizens of an industrialized nation with plenty of cash laying around can still be living hand-to-mouth. Clearly, the U.N. isn’t addressing the root cause of hunger in North Korea — the choices and policies of the regime itself.

HT: Dr. Mark P. Barry

Fifty a day, every Tuesday. Men. Women. Children.

“These days, China trucks about 50 North Korean defectors from its immigration detention center in Tumen to North Korea’s Namyang city just across the border every Tuesday,” an activist said, citing an unidentified Chinese official familiar with the matter. He did not elaborate on the official’s identity for fear of possible reprisal against her by the Chinese government. [Yonhap]

Update: The title of this post was edited after publication, adding the words “every Tuesday.”

N. Korea perestroika watch: Regime bans all wireless internet use by foreigners.

Just lovely. Background here.

If any of my regulars in Pyongyang who aren’t spies — and in a spirit of inclusiveness, also those who are spies — care to risk summary execution and pass along their anonymous observations, I’m listening.

Assuming you have wired internet, that is.

The President just articulated the right policy for Iraq and Syria. For 2011.

I have to wonder whether, at this point, there’s still time to save Jordan, much less the Free Syrian Army.

Self-described feminist Christine Ahn was not available for comment

”A deadly motorcycle accident involving drunken female college students linked to gambling and drugs in North Korea’s capital Pyongyang has led to a government campaign to promote ‘woman’s morality’ in the reclusive nation, according to sources.” [Radio Free Asia]

That seems rather … patriarchal, if not sexist. But then, when it comes to North Korea, this is still low on the hierarchy of indignities, burdens, and horrors that women endure.

A young Korean-American activist has started a campaign to push the BBC…

to start broadcasting to North Korea. His name is Youngchan Justin Choi, and I hope you’ll join me in supporting his campaign on Facebook and Twitter.

According to Choi, the financial cost of broadcasting to North Korea would be just a few million dollars — a tiny amount. When a publicly funded global media conglomerate refuses to broadcast to a country where the need is as great as it is in North Korea, I start to wonder what other motives are left unsaid. If we see the BBC open a Pyongyang Bureau next year, we’ll have our answer.

The ROK government is ramping up intra-governmental efforts to prepare …

a transitional legal system in case of “reunification.” I assume North Korea isn’t participating in this effort, so  draw your own conclusions about the expected circumstances that would lead to that contingency.

Tonight, on The John Batchelor Show, Bruce Bechtol will discuss North Korea’s …

terrorism, proliferation, and policy responses to both.

Bechtol, as you recall, testified as an expert in the Kaplan v. DPRK case that found North Korea liable for sponsoring the Hezbollah rocket attacks that injured the civilian plaintiffs. Judge Lamberth cited both Bechtol’s testimony and his book, The Last Days of Kim Jong Il, in his Memorandum Opinion.

The interview will air at 11:15 p.m. Eastern Time in Washington, and at other times in other areas, on this station. You can also listen to recorded broadcasts of the show here, which you should, for another good reason — Gordon Chang often co-hosts the show.

I don’t care for most talk radio, frankly, but Batchelor’s show is always intelligent, always has insightful guests, and never harangues. You may or may not agree with its perspective, in the same way that I don’t agree with NPR’s perspective, but still find its content redeeming. Batchelor’s show is NPR for conservatives, only without the government funding.

Is N. Korea building a missile submarine?

”A missile launch tube on a North Korean submarine was observed recently by U.S. intelligence agencies and is raising new concerns about the missile and nuclear threat from the communist regime in Pyongyang, according to two defense officials familiar with reports of the development.” [Free Beacon]

That would complicate the interception of North Korean missiles immensely.

IAEA: Yongbyon is running

“Since late August 2013, the Agency has observed, through analysis of satellite imagery, steam discharges and the outflow of cooling water at the 5 MW(e) reactor, signatures which are consistent with the reactor’s operation.” [via Reuters]

If I’m nonplussed, it’s because I keep hearing this reported again and again. I’ll know that South Korea is more serious about disarming North Korea than it is about profiteering from slave labor when Park Geun-Hye tells Kim Jong-Un to choose between Yonbyon and Kaesong.

Are South Koreans always the last to learn facts about North Korea or

… does it just seem that way?

Years after Google Earth made North Korea’s gulags visible to any American with an internet connection, Daum is launching a Korean-language map service covering North Korea. It’s not clear what new information this will provide for English speakers, other than helping us with those pesky problems of spelling North Korean place names in English.

Separately, South Korea’s National Human Rights Commission says “it plans to open a permanent exhibition hall on North Korea’s human rights conditions in an effort to raise public awareness about the issue.” That’s the good news. The not-so-good news is that the opening date is scheduled for 2017, which should give South Korean’s left-wing parties, whose human rights policy can be summarized as “die in place,” plenty of time to cut funding for it.

Former Obama Admin. official: Our N. Korea sanctions are weak and our policy is stuck

The Obama Administration’s North Korea team is stuck. Its thirst for fresh blood is so dire that it recently asked Keith Richards whether he still has the number of that secret clinic in Switzerland.* Don’t take my word for it. Last Friday, former Assistant Secretary of State Kurt Campbell spoke at the Center for Strategic and International Studies, as a friend and spy of mine was sitting in the audience (thank you). Campbell’s remarks are worth listening to in full, but the money quote — which went unreported in the press despite its significance, and despite the fact that Campbell emphasized it and closed with it — starts at 20:19:

And I must say — I’ll just conclude with this — when we think about our overall tool kit, there is one element of our strategy that I don’t think people fully appreciate. We often think of North Korea — I certainly did — as one of the most sanctioned countries in the world, with almost impossible objective … obstacles for people wanting to travel, invest, or the like.

It turns out, when I was at the State Department, working on Myanmar, or Burma, comparing Burma to North Korea is night and day. Burma has MUCH more in the way of sanctions and challenges associated with interactions. And I do think if we faced a set of further challenges with respect to North Korea, it would be possible for us to put more financial pressure on North Korea.

And I think we need to let our Chinese friends know and understand that some of the things that have been contemplated by the new regime, if followed through on, would entail and involve a reaction that is much more strenuous than [what] we’ve seen in the past. And I think that element of our diplomacy is likely to be necessary as we go forward. [Kurt Campbell, Speech at CSIS, Sept. 5, 2014]

Hallelujah: someone actually read the sanctions regulations for once. From this day forward, you’ll no longer have to take my word for that, either. Campbell may not know that Treasury recently relaxed Burma sanctions regulations, but his point stands — until quite recently, Burma sanctions were comprehensive, reached all kinds of trade and investment that used the dollar-based system, and included strong financial sanctions. Unlike North Korea, Burma is listed as a primary money laundering concern. Unlike North Korea, Burma’s human rights violators were specifically targeted.

Thus, contrary to a widespread misconception, our North Korea sanctions are not maxed out; in fact, they are relatively weak. Those of you in the news business owe it to your readers to challenge that assumption before you print it. Start by asking the “expert” who repeats it whether he’s actually read the sanctions laws or regulations. Factual ignorance is not entitled to a place of equivalence in any policy debate.

It gets worse. Yonhap did quote another part of Campbell’s speech, in which he described how “many U.S. government officials handling North Korea are suffering from ‘fatigue and a sense of exhaustion’ in terms of strategies, after various tools, including pressure, have failed to make progress.” That’s interesting, but without the other part of his quote for context, it could leave you thinking that sanctions have failed as an instrument of policy. What Campbell really said is that we’ve never fully harnessed their potential.

Campbell also said, “We are in a set of circumstances now where it’s not clear fundamentally the way forward.” He observed that Kim Jong Il’s playbook, and the State Department playbook for responding to it, really aren’t working anymore, and that many of the North Koreans we used to talk to aren’t around any more, for various reasons. Efforts by a generation of policymakers to effect changes, including domestic reforms in North Korea, haven’t worked. As a result, sentiment here and in Northeast Asia has shifted, and people in the U.S. and other countries have migrated to the view that reunification, not continued separation, is in the best strategic interests of most of the major players in Northeast Asia. He called for more subversive information operations, including broadcasting, and for stronger diplomatic efforts with China, and especially with South Korea, to pave the way for reunification.

At which point, a gargantuan white mustache sprang from Campbell’s upper lip.

Yes, I’m aware that other former State Department types, specifically Robert Gallucci and Stephen Bosworth, are out there saying very different things. Yet despite the relative recency of Campbell’s tenure and his relatively higher place in State’s hierarchy, the press largely ignored the key part of Campbell’s remarks, but covered Gallucci and Bosworth’s widely.

~   ~   ~

I have to think that if the Obama Administration disagreed with Campbell’s assessment, it wouldn’t have just transfused its North Korea team so thoroughly that the reader benefits from a diagram. Notably, Chief Negotiator Glyn Davies will move along to an ambassadorship elsewhere (possibly Thailand), Syd Seiler has moved from the White House National Security Staff to replace Davies, Allison Hooker will move from State to the NSS to replace Seiler, and Sung Kim will be a “special representative,” whatever that means.

The first thing Seiler did was to do no harm, by making it clear that the U.S. would not, contrary to rumors, hints, and China’s increasingly noisy demands, lower the bar on North Korea’s denuclearization to resume six-party talks, something that would effectively recognize North Korea as a nuclear state.

“We are not ideologically opposed to dialogue with North Korea, nor have we placed insurmountable obstacles to negotiations in our insisting that North Korea simply demonstrate it will live up to international obligations and abide by international norms and behavior,” he said in a speech at the Center for Strategic and International Studies.

“The bar has not been set too high by insisting that denuclearization talks be about denuclearization,” he said. [Yonhap]

That’s a lovely sentence for its elegance and clarity, and under the same circumstances, I probably wouldn’t have put it any differently. Seiler then summarized by saying that, “clearly, the ball is in Pyongyang’s court.” See also.

OFK regulars know that I haven’t been fond of Glyn Davies since this episode several years ago, and that the OFK archives have an elephantine memory. Josh Rogin described Davies as “a nuclear technology and Europe expert, having most recently served as the U.S. permanent representative to the IAEA in Vienna.” By contrast, Seiler has a very deep background in Korea. He’s a graduate of Yonsei University, has a Korean wife, and had nearly three decades of Korea experience at CIA and DNI before he went to the National Security staff. You’d expect such a man to know what a mackerel should cost, and how to haggle for a fair price. It helps that Seiler is no fool, either:

Like his predecessor, he agrees with the South Korean government’s North Korea policy and believes that the North should not be allowed to stall for time or be rewarded simply for talking.

A diplomat who has known Seiler for more than 10 years said, “He knows how the North cheated the U.S. and South Korea in the process of nuclear development.”

A Foreign Ministry official said, “If Russell, an expert on Japan, takes charge of Chinese and Japanese affairs as senior advisor at the NSC, Seiler will have enormous influence in Korean affairs.” [Chosun Ilbo]

If personnel is policy, then, the replacement of Davies by Seiler could herald modestly better policy. (If only we could have Kurt Campbell back….) At State, Seiler joins Danny Russel, his former White House colleague, who is now Assistant Secretary of State for East Asian affairs. The White House says that this shake-up doesn’t foreshadow a change in its North Korea policy, but that’s standard White House talk; the consequence of any other response would be a year of briefings, hearings, interviews, listening tours, and op-ed wars.

Seiler said the U.S. policy on North Korea is composed of three key elements — diplomacy, pressure and deterrence, and that Washington will continue to seek robust implementation of U.N. Security Council sanctions resolutions and its own sanctions on Pyongyang.

But he also held out the prospect of easing sanctions.

“If DPRK makes the right choice, returns to the negotiating table and embarks on a credible path of irreversible denuclearization and begins to comply with its international obligations and commitments, the appropriateness of sanctions will of course be reviewed,” he said. [Yonhap]

There’s little good that I could say about the robustness of that enforcement so far, or the quality of the diplomacy that’s been trying to hold our regional coalition together, but one can always hope. And not without some basis:

Douglas Paal, vice president for studies at the Carnegie Endowment for International Peace, also said that the United States is unlikely to lower the bar for restarting the nuclear talks. Reported personnel changes in the U.S. government rather point to the opposite, he said.

“Overall there is nothing that I can see that suggests the U.S. government is even considering softening its stance on the many issues between Washington and Pyongyang. The new U.S. personnel changes suggest, in fact, the opposite,” he said. [....]

“Neither can be viewed as soft toward the North,” the expert said of Seiler and Kim.

Paal also said that the “secret trip” that American officials reportedly made to North Korea, even if it is true, must have focused only on the three American citizens detained in the North. The three men’s appearance before CNN cameras a week later reinforces this suspicion, he said. [Yonhap]

If Russel, Kim, and Seiler have similar views and work well together, they have the potential to make significant policy changes while a politically weakened administration is otherwise distracted by crises in the Ukraine, Iraq, Syria, Libya, Afghanistan, Pakistan, and Gaza. That almost mirrors the situation of Chris Hill in 2006, when he ran away with a politically weakened Bush Administration’s North Korea policy while Bush was distracted by Iraq, Iraq, Iraq, and Afghanistan. And as I’ve noted, there are some signs that the administration could be laying the groundwork for a harder line, although I doubt that it will be more than incrementally harder.

There are alternative theories, too. One that seems plausible to me is that Washington’s tactic of strategic patience, the trend of ‘not doing anything,’ has not changed.” That’s likely because doing nothing is what governments usually do when no single view prevails. And I’m far from certain that any single view prevails.

The Hankyoreh‘s analysis isn’t as plausible, but it’s much richer in amusement. It begins with rumors of another secret diplomatic trip to North Korea and runs feral with them. Although the administration would neither confirm nor deny the rumors, they probably have some basis in fact. Even so, they almost certainly do not mean “that the US will make an effort before the mid-term elections to improve relations with North Korea in order to manage the situation on the Korean peninsula” and ransom out Kim Jong Un’s new hostages. According to what insider or authority, you ask? “[S]ome predict,” says the Hanky, after a three-block sprint from the pojangmacha behind the bus station, gochujjang-stained notepad in hand.

Maybe I shouldn’t be too dismissive of something that’s been tried before, but in light of today’s political environment and North Korea’s conduct since 2012, this is so delusional that it’s adorable. The Hanky really seems to believe that a significant number of Americans (a) cares about North Korea at all, (b) wants better relations with North Korea, and (c) would be more likely to vote for the President’s party if its cuts a pre-election deal with North Korea, rather than much, much less likely. That the President’s pollsters have identified Peace Studies grad students as a decisive voting bloc in Arkansas, Louisiana, West Virginia, Alaska, and North Carolina. That, after the Bo Bergdahl ransom, the President basked in the gratitude of a grateful nation.

I don’t have any special insider knowledge here, but I’ll go out on a limb and express my doubt that the White House would want that experience again between now and November 4th, especially for the likes of a doofus like Matthew Todd Miller, or anyone else who’d be dumb enough to visit North Korea of his own diminished volition. I’d be surprised if there’s a deal at all, and I’d be astonished if its terms are made public before the election, including the Louisiana runoff, is safely in the rear-view mirror.

*  Or so I’ve heard somewhere. It may have been Alex Jones. I lost the link.