Category: U.S. Law

Save Congress a Seat at Hanoi: On North Korea, Sanctions, Treaties & Politics

WHO STILL BELIEVES THAT DONALD TRUMP IS THE GREAT NEGOTIATOR HE CLAIMS TO BE? Certainly not Nancy Pelosi, Chuck Schumer, or Mitch McConnell. Certainly not Kim Jong-un. Certainly not the people doing the most futile job inside the Beltway right now–writing Donald Trump’s intelligence assessments about North Korea, or of just what he persuaded Kim Jong-un to do at Singapore. Drink a toast to them. Better yet, buy them one. Many people in government now, up to and including John...

Of course, Kim Jong-un’s tourist resorts will fail. Of course, we can help with that.

The following question is multiple choice. Please do not use a number two pencil to blacken the oval on your screen. In April, angry, hungry citizens in North Korea’s remote Ryanggang Province took the brave and desperate step of protesting to local authorities over forced “donations” of food, money, and supplies they were required to make to the construction of — (a) an orphanage (b) a grain elevator (c) a soy-based infant formula factory (d) a beach resort If you...

DOJ sues to forfeit $3M linked to N. Korean money laundering, proliferation financing & slave labor

This afternoon, the U.S. Attorney’s Office for the District of Columbia filed suit to forfeit just over $3 million that three defendants allegedly laundered for an interconnected network of North Korean banks and front companies, in violation of the North Korea Sanctions and Policy Enhancement Act and the International Emergency Economic Powers Act: $599,930.00 in funds “associated with” Cooperating Company 1 of Singapore, which agreed not to contest the forfeiture (and hopefully more), and which used “a bank account in...

DOJ indicts Singaporean businessman for conspiring to violate North Korea sanctions

The U.S. Attorney’s office for the Southern District of New York has indicted Singaporean national Tan Wee Beng for laundering money on behalf of two sanctioned North Korean banks—Daedong Credit Bank of Panama Papers infamy, and Korea Kwangson Banking Corporation of Dandong Hongxiang infamy. Both banks have been designated and blocked for years under Executive Order 13382, for proliferation financing. Both banks are also designated by the U.N. Security Council. You can read the indictment here and the Justice Department’s...

Why Trump can’t lift North Korea sanctions unilaterally

THE HIGHEST EXPECTATIONS WE SHOULD HAVE FOR THE UPCOMING CIRCUS IN SINGAPORE are low expectations – that the summit breaks with, at most, a vague agreement that North Korea will denuclearize, without Trump making any concessions for such a nebulous promise. No one deserves a Nobel Prize for trading away our last chance to disarm Kim Jong-un peacefully for more lies, or for excusing Kim Jong-un from the few consequences he faces for proliferation, crimes against peace, organized crime, and...

The Warmbiers sue North Korea

WHILE THE WORLD IS AGOG AT THE SIGHT OF KIM JONG-UN’S impersonation of a human being, Fred and Cindy Warmbier wish to remind you of his true character by sharing with you what their son—or what was left of him—was like when he came home from North Korea. Yesterday, they filed suit in the U.S. District Court for the District of Columbia against the North Korean government for the wrongful death of Otto Warmbier. I downloaded the complaint from PACER. Warmber...

Steve Mnuchin is defying Congress & undermining the President’s North Korea policy

WHO, EXACTLY, DOES STEVE MNUCHIN THINK HE WORKS FOR—Donald Trump or Xi Jinping? We are just weeks away from a scheduled meeting between the President who appointed Mnuchin and the dictator of North Korea. That meeting may decide whether it’s still possible to disarm the North through diplomacy instead of a war that could easily go nuclear. Unlike every other U.S. president since there has been a North Korea, President Trump grasps that the prerequisite to a successful negotiation is...

Senate Banking Committee advances the Otto Warmbier BRINK Act, Treasury blocks the Bank of Dandong

Last week, while I was writing my rave review for Donald Trump’s speech to the South Korean National Assembly, the Senate Banking Committee was working to put more tools in his hands to bankrupt the man he would never stoop to calling “short and fat.”* By a unanimous vote, the committee passed the newly renamed Otto Warmbier Banking Restrictions Involving North Korea (BRINK) Act, which I previously discussed here and here. The bill now awaits Senator McConnell’s nod to get on the full...

North Korean assassins arrested in Beijing as Tillerson’s terror sponsor decision looms

If you haven’t read my last post on this week’s deadline for the Secretary of State to decide whether North Korea has repeatedly sponsored acts of international terrorism, you may want to start there. This post will be a combination of breaking news and supplement to that post. This morning, Bloomberg News, citing a report in the Joongang Ilbo, is reporting that yet again, North Korean agents have been caught while on their way to assassinate a dissident in exile....

Congress to Tillerson: Put North Korea back on the list of sponsors of terrorism

I won’t belabor the point of why North Korea should be on the list (well, maybe just a little). The better question is why, eight months, a nuclear test, two U.N. Security Council resolutions, and one public WMD-enabled assassination after Donald Trump’s inauguration, it isn’t already on that list. One growing line of speculation is that Tillerson, for all his unpopularity at Foggy Bottom, has gone native there. This sentiment comes from thoughtful and influential conservative members of Congress, not...

Computer crime, bank fraud & money laundering: A preview of Kim Jong-un’s indictment

The Wall Street Journal is reporting that hackers employed by the government of North Korea have been implicated in yet another international bank fraud scheme using . This time, the victim is a bank in Taiwan, and the take was $60 million, all of it laundered through accounts in Cambodia, Sri Lanka, and the United States. In a blog post Tuesday, cybersecurity researchers at U.K. defense company BAE Systems PLC also implicated Lazarus in the Taiwanese theft, saying that tools...

How the U.S. fishing industry can do its part to disarm Kim Jong-un

Long-time readers know that I’ve had many uncomplimentary things to say about the Associated Press’s North Korea coverage. Its still-undisclosed agreements with the North Korean government to open a bureau in Pyongyang sacrificed journalistic ethics for a dubious dividend of access. Since opening its bureau in 2012, AP and its state-supplied North Korean stringers have reported a great deal of North Korean government propaganda and almost no actual news, while ignoring major news stories (to include a hotel fire, a...

After a near miss in the Senate, the KIMS Act heads for the President’s desk

While the rest of you talk about missiles, I’m going to talk about responses. Last night, by a vote of 98 to 2, the Senate passed H.R. 3364, a bill imposing new sanctions against Russia, Iran,* and North Korea. The bill previously passed the House by a vote of 419 to 3, and now goes to the President’s desk. The North Korea sanctions are contained in Title III, which previously passed the House as the KIMS Act by a vote of...

OFK Exclusive: House, Senate move new North Korea sanctions legislation

Last year, Ed Royce, the Chairman of the House Foreign Affairs Committee, and Cory Gardner, Chairman of the Senate Asia Subcommittee, led the charge to cut Pyongyang’s access to the hard currency that sustains it by drafting and passing the North Korea Sanctions and Policy Enhancement Act. We’ve known all along that nothing short of presenting Kim Jong-Un with an existential choice — disarm and reform, or perish — would create the conditions for a negotiated disarmament of North Korea,...

Maximum pressure watch: The Dandong Zhicheng warrants foreshadow N. Korea-related indictments

Last fall, as America was consumed by (depending on your state of residence) post-election trauma or celebratory gunplay, China blew past the North Korean coal import caps it had just agreed to at the U.N., and the Obama administration issued what would be some of its final North Korea sanctions designations — of Daewon Industries (a coal exporter subordinate to the North Korean military) and Kangbong Trading Corporation (a coal exporter subordinate to the Munitions Industry Department and involved in the development of...

China finally pays a (symbolic) price for its North Korean slave trade

This blog has long posited that a nuclear North Korea will not coexist with us and that war with it would be inevitable; that preventing another Korean War will require a focusing an assortment of financial, diplomatic, and political pressures on Pyongyang; and that to deter China’s government and industry from undermining that pressure will require us to pressure China itself. This will carry costs for both economies, and to the relationship between the two governments. Relations with China will...

How to hold North Korea accountable for Otto Warmbier’s death

In North Korean prisons (at least, in those from which release is possible at all) when the guards conclude that a prisoner is about to die, they release her and send her away to die at home, so that disposing of her body will be someone else’s problem, and so that the warden can manipulate the camp’s rate of in-custody deaths downward. (Perhaps in some small way, even the wardens of North Korean prisons fear being held accountable, one day,...