Plan B Watch: Royce Seizes the Agenda

Hearings at the House Foreign Affairs Committee have traditionally been occasions when Special Envoys related their latest efforts to get North Korea to agree to behave until it chooses not to. Invariably, most of the Democrats would applaud them for it, most of the Republicans would express mild skepticism, and the Congress as a whole would defer. Until now, there was never any other alternative up for discussion.  Today’s hearing was a break with that tradition. It was the first time I’ve seen the Chairman of a congressional committee seize the agenda. The absence of any serving State Department envoy from today’s proceedings was a telling sign of that.  At the risk of saying something bold, today’s hearing — and the legislation Royce intends to introduce next — may be game-changers for North Korea policy.

The hearing was nominally about North Korea’s illicit activities, but it was really about much more than that.  It was Royce’s day to make the case that “our North Korea policy must change” from what he called “a bipartisan failure” of Agreed Frameworks. Royce was strongly critical of President Bush for lifting financial pressure on North Korea prematurely in 2006, and of President Obama for a mostly passive policy of “strategic patience.”  Royce and his witnesses made a strong case for a “a better alternative” — the financial constriction of North Korea, to include third-party sanctions against Chinese companies doing business with the North.

With one exception — I’ll get to that later — none of the Democrats on the Committee expressed disagreement with that.  At the very least, Ranking Member Elliot Engel wanted the administration to make greater use of existing legal authorities to sanction North Korea.  Rep. Brad Sherman and Rep. Theodore Deutch both seemed inclined to support the kind of tough sanctions Royce wants.  Deutch, in particular, came out strong on the human rights issue, calling for the U.S. to “name and shame” those responsible for human rights violations, and to “change the narrative” to focus more on North Korea’s crimes against humanity.  Several members referred to reports that China has agreed to support a new U.N. Security Council resolution, but this seemed to have little effect, first, because no one knew the details, and second, because no one seemed quite convinced that China would enforce it.

(The other piece of news that was mentioned in today’s hearing was North Korea’s threat to renounce the 1953 Armistice.  Or should I say, re-renounce, because North Korea had already renounced it in May of 2009, carried out two attacks against South Korea in 2010, and has never said since then that it would abide by it.)

The most astonishing agreement came from Ambassador Joseph DiTrani, a consummate foreign policy and intelligence establishment insider who has long hewed toward the “engagement” side of the North Korea debate.  It should tell you something that Obama Administration trusted DiTrani enough to have sent him to Pyongyang last summer to talk to the North Koreans.

All of the witnesses were highly effective, and they complemented each other well.  Amb. DiTrani, the Democratic witness, was the voice of the establishment’s world-weary disappointment and frustration with Kim Jong Un.  David Asher brought the experience of having tried, with considerable success, the polices that Royce now wants to bring back in an even tougher form (do not miss the recommendations in Asher’s written statement).  The star performer today, I’m proud to say, was my friend and collaborator, Prof. Sung-Yoon Lee, whose gravitas and eloquence drew the lion’s share of questions from the members.

Watch for yourself.

Before this hearing started, I warned Prof. Lee that Brad Sherman, the hawkish and quick-witted California Democrat, would have the most entertaining remarks and potentially, the hardest questions.  I also warned him that Eni Faleomavaega, the representative from American Samoa, might be entertaining in an different way.  I was proven right on both counts. Faleomavaega’s tirade about the hypocrisy of the entire global non-proliferation system was … strange, and internally inconsistent with his expressed fears of wider nuclear proliferation in Asia.  (I’m tempted to be even less kind, but in fact, I know Faleomaveaga to be a good and decent human being, so I won’t be.)  To compare Dennis Rodman’s visit to ping-pong diplomacy misses the distinction that ping-pong diplomacy was real diplomacy, an early payoff from a long and patient outreach by Nixon and Kissinger that could only work because Nixon and Mao saw an alignment between their nations’ interests.  Rodman represents nothing of the kind, and he’s far too leaky a vessel to carry that much water.  Sherman correctly answered Faleomaveaga’s bizarre suggestion (1:16) that Iran was building nukes because of its fear of Israel by noting (1:26) that Israel hasn’t called for a world without Persia.  Faleomavaega’s closing “clarification” only violated The First Rule of Holes.

Overall, I left the hearing believing that the mainstream has overtaken me.  If the comments of the Members today were any indication, the House is ready to follow Royce.  It’s premature to predict the success of Royce’s legislation, of course, before Royce has even introduced it.  No doubt, some in the Senate and more in the Administration will find it strong drink, although I wonder whether (1) Sen. Menendez has either the juice or the inclination to fight it, (2) whether that’s even less so if Sen. McCain gives a tough bill solid backing, and (3) whether President Obama really wants to expend any political capital for Kim Jong Un’s sake.  We’ll see.

See also Reuters’s coverage of the hearing, here.

I’ll close this post by noting that today is the 60th anniversary of the death of my favorite composer, Sergei Prokofiev.  Yuja Wang is not Korean, but she’s a lovely young woman, and her beautiful performance of Prokofiev’s 3rd Piano Concerto reminds us of all that Asia has to contribute to the greatness of our civilization. That gives us occasion to mourn the stifling of so much human potential in the wretchedness of North Korea.  It is, of course, the anniversary of Stalin’s death, too, which reminds us that terrible times don’t last forever.

Update:  One point that the hearings didn’t clarify sufficiently, in my view, is the concept of “comingling,” which I’ve been on something of a tear about lately.  Marcus Noland is quoted by the AP as estimating that less than 10% of North Korea’s income comes from illicit activities today.  Sung Yoon Lee and David Asher were in the 30-50% range, but for the sake of argument, let’s say Marc is right.  He keeps a pretty close eye on the trade figures, and is a very able practitioner of the dark arts that allow him to spot unaccounted-for income.  Two responses:

1.  It’s difficult to have much confidence in even the best estimate of this kind, given the subject matter and the various parties we’re dealing with.

2.  Under generally accepted anti-money laundering principles, funds that are 10% illegally derived and 90% “legitimate” may be seized in their entirety.  That’s how criminal enterprises are destroyed.

3.  Is the objective to get North Korea out of the dope, counterfeiting, and money laundering business, or is it to make sure the funds North Korea receives — regardless of source — are not used for its nuclear and missile programs?  I thought it was both.  If that’s the case, then at a bare minimum, you need to apply some kind of financial controls to ALL sources of North Korean income.

5 Responses

  1. Terrible times don’t last forever, but with the current wave of Stalin nostalgia (Stalinostalgia?) hitting Russia, it won’t stop millions of people from looking back fondly on them decades down the road.

  2. As you suggested, I read the exceedingly sensible paper from Asher…but there is something very strange about it. The type font is weird, and it doesn’t print properly. When the embedded print program is used, it prints as if it were written on English foolscap, not US 8.5×11, and it doesn’t easily admit to being transferred to pdf.

    It’s as if it was prepared abroad and sent by gif to a US printer. And if so, who is indeed writing and presenting this (otherwise excellent) paper? It’s like a mirror image of “In The Loop.”

  3. One more thing.

    It is inherent in every Communist system, just as it is alien to any mercantile system, that all funds of any kind are commingled for use. I have never understood why we backed down from this fundamental principal of Marxian economics in the face of political attack by the Soviet Union, as long ago as Frank Church and Scoop Jackson. A Communist, juchhe, Stalinist, Marxist-Leninist system directs the entirety of production from a central office, with the result that all production, including monetary productivity, is part of a single complete whole.

    To the extent any part of national income in a Marxist system is deliberately derived from criminal enterprise, all funds are contaminated thereby because (a) the productivity of the criminal enterprise was considered in central planning and (b) it was conceived as a necessary source of funding and (c) the resultant funds are commingled in the Treasury.

    The federal gummint is a powerful producer of useless words, to modify the meaning of the correct one. My least favorite of them all is “proactive” a stupid concept introduced by the Coast Guard some years ago. Co-mingle or comingle is another. There is already a real English word, commingle, which does the job. Beware of gummint usage!

  4. David, I’ll take responsibility for that usage. Why, in my day, we knew how to spell “aeroplane,” not like these kids to-day.

  5. Finally have watched the greater part of the hearing and agree, Sung-Yoon Lee was off the charts; extremely pithy, powerful comments from his chair throughout. I hadn’t realized that you were connected to him until Royce, I believe, mentioned your co-written article.

    http://www.foreignpolicy.com/articles/2013/01/09/dont_engage_kim_jong_un_bankrupt_him

    Somewhere into the hearing, Lee gets into what would happen if we indeed had “One Free Korea” and what it would mean for China. There were lots of potentially pivotal thoughts in this one.