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Roberta Cohen at 38 North: A Serious Human Rights Negotiation with North Korea

Roberta Cohen, Co-Chair Emeritus of the Committee for Human Rights in North Korea, and one of the lions among those speaking out for the rights of the North Korean people, has published a detailed and well-thought-out case for why human rights should be part of any negotiation with Pyongyang, along with a tough-love strategy for conducting that negotiation. Anyone in the Trump administration who may be tempted to sideline human rights should read it in full, but I’ll summarize it:...

The Commerce Department should review PUST’s export licenses for North Korea

Last week, several news outlets reported that representatives of PUST, the Pyongyang University of Science and Technology, are in the United States, seeking support to expand their curriculum in North Korea. PUST didn’t say what kind of support it seeks, but recent reports suggest that PUST has lost donors and had to slash its budget. PUST is probably looking for money. Donors, however, would be wise to keep their checkbooks closed until the Commerce Department and a U.N. Panel of...

Yesterday’s Senate hearing on North Korea policy

Yesterday’s hearing before the full Senate Foreign Relations Committee on North Korea policy was a one-panel affair, with no administration witnesses and two experts — Nicholas Eberstadt of the American Enterprise Institute and Scott Snyder of the Council on Foreign Relations. The full hearing is on video here. In his testimony, Snyder called for (of course) strengthening the alliances with South Korea and Japan, tougher secondary sanctions on North Korea’s Chinese enablers, and “that we erode Kim Jong Un’s internal...

Why North Korea will go back on the list of state sponsors of terrorism this year

As I write, Yonhap is reporting that North Korea may be fueling up two ICBMs for a test. Meanwhile, in Washington, Texas Republican Ted Poe has already shaped one part of the likely response to that. Poe isn’t one to back down from a fight — not with leukemia, and not with North Korea. He’s back at the helm of the House Subcommittee on Terrorism, Nonproliferation, and Trade, where one of his first acts this year was to reintroduce a...

The U.N.’s new North Korea resolution wasn’t worth the wait

Lest anyone think I’m blindly criticizing the Obama administration as it tries to cover its exit and legacy, start with my favorable comments on UNSCR 2270. That resolution might have been the baseline for a genuinely effective global sanctions program, but the text of the new resolution the Security Council will vote on tomorrow arguably lowers the high bar set by 2270. Indeed, because of our independent authority to enforce 2270 in tandem with our allies, we would have been...

As Trump picks his cabinet, Congress flexes its foreign policy muscle

As we continue to watch Trump’s trial balloons float by on the selection of his national security cabinet, we still don’t know much about the foreign policy Donald Trump would have as President. On the other hand, most of Congress’s key players on foreign policy will still be around next year, and some of them have already begun to assert themselves. Committee chairs are (on one hand) pushing Trump to adopt more conventional foreign policy views, while (on the other) threatening...

North Korea Sanctions & Policy Enhancement Act FAQ

What does the NKSPEA do? The North Korea Sanctions and Policy Enhancement Act, or NKSPEA, was signed into law by President Obama in February 2016, after North Korea’s fourth nuclear test. The NKSPEA uses targeted financial and economic sanctions to isolate Kim Jong Un and his top officials from the assets they maintain in foreign banks, and from the hard currency that sustains their rule. These assets are derived in part from illicit activities and proliferation, and are used to...

Understanding North Korea sanctions: U.S. Sanctions Executive Orders

Introduction Background U.N. Security Council sanctions resolutions U.S. sanctions laws U.S. sanctions Executive Orders: Executive orders are the single most important tool for the enforcement of sanctions. Generally — Sanctions executive orders are promulgated under the authority of the International Emergency Economic Powers Act, 50 U.S.C. 1705 et seq. Under the IEEPA, Congress gives the President the power to declare a national security emergency, and to block certain property as necessary to address that emergency. Violations of the IEEPA are punishable...

Understanding North Korea sanctions: U.S. Sanctions Laws

Introduction Background U.N. Security Council sanctions resolutions U.S. sanctions laws Korea bill tracker on Congress.gov, to help you keep up with Korea-related legislation. Iran, North Korea & Syria Nonproliferation Act, Pub. L. No. 106-178, Mar. 14, 2000 (codified at 50 U.S.C. 1701 note). Provides for very limited trade and other sanctions (such as debarment from U.S. government contracts) against persons designated for assisting North Korea’s WMD development. North Korea Sanctions & Policy Enhancement Act of 2016, Pub. L. No. 114-122,...

Understanding North Korea sanctions: An explainer, links & authorities

Introduction: Why I created this page Background Until February of 2016, U.N. sanctions against North Korea were strong on paper but poorly enforced, and U.S. sanctions against North Korea were (contrary to the assumptions of many journalists and academics) comparatively weak — weaker than our sanctions against Belarus and Zimbabwe. Sanctions against North Korea strengthened considerably in 2016 with the passage in February of the North Korea Sanctions and Policy Enhancement Act, and the U.N. Security Council’s approval of Resolution...

FP: White House “heatedly debating” whether to enforce North Korea sanctions law

Last week, Samantha Power was in Seoul, reassuring our increasingly panicky South Korean allies that the U.S. will use “all the tools in our tool kit” to deny His Porcine Majesty hard currency and WMD materiel, and pressure him to disarm. Meanwhile, a must-read article in Foreign Policy reveals that late in the eleventh hour of his presidency, Barack Obama still hasn’t decided to use “all” the tools after all, particularly the one Congress wants him to use — secondary sanctions...

How the next President can confront the North Korean threat

Just over two years ago, I wrote about the conflict between Americans’ apparent impulse for a more passive foreign policy and their strong disapproval of what that policy looks like in practice. In other words, Americans’ views on foreign policy are seldom as simplistic as they seem to be. Strong majorities favored going into Iraq and Afghanistan, strong majorities wanted out of both by 2008, and by 2016, strong majorities disfavor the policies of those who would allow them to...

Treasury sanctions, DOJ indicts Chinese for violating N. Korea sanctions

As of yesterday, and for the first time ever, the U.S. Treasury Department has frozen the assets of Chinese entities for violating North Korea sanctions, and the Justice Department has indicted them for sanctions violations, conspiracy, and money laundering. The company in question is the Liaoning Hongxiang Group of companies, of which Dandong Hongxiang Industrial Development Company Limited, or DHID, is the largest component. The individuals are Hong Jinhua, Luo Chuanxu, Zhou Jianshu, and Ma Xiaohong, the CEO of the Liaoning...

Congress to Obama: Enforce N. Korea sanctions against Chinese banks

Three weeks before North Korea’s fifth nuclear test, I wrote, “The Obama administration isn’t following Kim Jong-un’s money. Congress should ask why.” Unfortunately, subsequent events soon affirmed that criticism; fortunately, Congress is asking, and it’s asking the right questions. The failure of the administration’s North Korea policy has even become an election-year liability for Hillary Clinton, forcing her to distance herself from the President and his policy (or more accurately, the lack of one). The Obama administration’s single greatest North...

N. Korea calls for murder of S. Korean President, State Dep’t still doesn’t think it sponsors terrorism

“When he eventually came to power, there was no book which deserved more careful study from the rulers, political and military, of the Allied powers. All was there….” – Winston Churchill, on Mein Kampf History, which is diplomacy in the past tense, is littered with examples of despots who made their intentions clear, but whom journalists and diplomats in free nations have blindly refused to take at their word. So it was that in the late 1930s, the journalist and...

What victory looks like from Pyongyang (Parts 1 and 2)

Part 1 David Straub’s “Anti-Americanism in Democratizing South Korea“ has resonated with me in several ways, but none of them more than Straub’s deep ambivalence about Korea in the late 1990s and early 2000s, a time when I also served there as a young Army officer. Straub admits that in writing his book, he struggled to reconcile, and to show his readers, an honest-yet-fair portrayal of a society that earned his affection, and also caused him much exasperation, even as...

N. Korea’s biggest a**hole shoots Vice-Premier, sends second-biggest a**hole to weed the fields

Here at OFK, stories about kremlinology are usually page two material. Too often, we’ll read reports that some official or minor celebrity has been executed, only to read a year later that the target has risen like Lazarus from the KCNA crypt. As a general rule, the closer a story about North Korea is to the center of the power structure, the less I tend to believe it. Which is why I didn’t even tweet the report yesterday that His...

The Obama administration isn’t following Kim Jong-un’s money. Congress should ask why.

In February and March, respectively, the U.S. Congress and the U.N. Security Council responded to North Korea’s fourth nuclear test with sanctions that were, in theory, an order of magnitude stronger than any sanctions imposed on North Korea until then. Sanctions, of course, are only as good as their enforcement, and in enforcing sanctions against North Korea, the most important rule has always been “follow the money.” Money — along with the contradictions of its political system — has always...