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February 12, 2016

N. Korea sanctions bill headed for President’s desk later today; Hillary makes a funny about Bernie.

By now, most of you know that the North Korea Sanctions and Policy Enhancement Act, the Senate’s version of H.R. 757, passed the Senate unanimously Wednesday night. The House is expected to pass the Senate’s version this morning and send it to the President’s desk. In an election year, when floor time is especially precious, it was remarkable and humbling that the Senate spent an entire day debating this bill. Senator after senator came to the floor to give supportive...
Categories Sanctions/U.S. Law
February 10, 2016

On North Korea policy, the opinion pages suddenly read like posts from this blog

Since January’s nuclear test, I have noted with satisfaction the signs that Washington’s consensus on North Korea policy has taken a decisive turn toward views I’ve advocated at this site for years. This week, OFK readers have been sending me a great deal of better-placed commentary about North Korea, asking me, “Did you write this?” I swear I didn’t write, for example, this Washington Post editorial, published yesterday: What is needed is a return to the only non-military strategy that brought...
Categories U.S. Law/Washington Views
February 1, 2016

Senate Foreign Relations Committee agrees on, passes North Korea sanctions bill

Last week’s big news was that the Senate Foreign Relations Committee, the last real legislative obstacle to a North Korea sanctions law, reached a compromise and unanimously approved a tough new version. Both Republicans and Democrats gave supportive statements before and after the vote: “We have a bill that, in many respects, is stronger than the House bill,” said the Senate committee’s top Democrat, Ben Cardin of Maryland. “What we do is put pressure on not just the government, but...
Categories Sanctions/U.S. Law/U.S. Politics
January 26, 2016

Senate sanctions bills pick up new co-sponsors

It may be of no more than symbolic value at this point, with intense behind-the-scenes discussions ongoing over a bipartisan compromise bill, but symbols do matter, and a few more senators have lined up behind different versions of the North Korea Sanctions Enforcement Act in the Senate. One of the Senate bills, S. 2144, has picked up Republicans David Perdue and Johnny Isakson of Georgia, Tom Cotton of Arkansas, Steve Daines of Montana, Mark Kirk of Illinois, Kelly Ayotte of New...
Categories Sanctions/U.S. Law/U.S. Politics
January 21, 2016

In The Weekly Standard: Ed Royce’s Bipartisan Coup Against a Bipartisan Failure

If President Obama ends up signing a North Korea sanctions bill in the next 30 days — and at this point, I don’t know what interest he has in vetoing one — it will effect the biggest change in our North Korea policy since the 1994 Agreed Framework. That, in turn, will have been due to years of principled dissent and patient, bi-partisan coalition building by Ed Royce, the California Republican who chairs the House Foreign Affairs Committee. A certain,...
Categories Sanctions/U.S. Law/U.S. Politics/Washington Views
January 21, 2016

WaPo: Senate Foreign Relations hopes to mark up N. Korea sanctions bill next Thursday.

Via the Washington Post this morning, we’re still pretty much where I said we were last week, but at least we have an expected date for a committee markup. The Senate is still trying to work out a bipartisan compromise between Senator Bob Menendez’s (D, NJ) weaker S. 1747 and Cory Gardner’s (R, CO) tougher S. 2144, rather than voting on the House bill that passed last week “with huge bipartisan support.” While the House and Senate bills contain generally the same...
Categories Sanctions/U.S. Law
January 13, 2016

N. Korea sanctions bill passes the House 418-2, Senate seeks compromise bill

By now, you’ve probably read the news about last night’s lopsided vote. Interestingly, it was the Democrats, not the Republicans, who were unanimous in their support. The two dissenting votes were Justin Amash and Thomas Massie, both isolationist Republicans from the Ron Paul mold.  Dissent may be patriotic, but it’s never beyond some well-deserved ridicule. [Reminder: The views expressed on OFK are the author’s alone.] You have to hand it to Nancy Pelosi for running a tight ship. In the end,...
Categories Sanctions/U.S. Law
November 11, 2015

House Subcommittee Chair calls for re-listing North Korea as a terror sponsor

Last month, I posted video of a hearing before the House Subcommittee on Terrorism, Non-proliferation and Trade, where Chairman Ted Poe of Texas and Ranking Member Brad Sherman of California grilled a hapless State Department official about North Korea’s sponsorship of terrorism, and why North Korea wasn’t listed. State’s performance at the hearing wasn’t just bad, but exceptionally so. Poe and Sherman were both visibly exasperated with State’s stonewalling, and seemed convinced that State was ignoring the law. Now, Poe has put his...
Categories Cyberwar/Terrorism (NK)/U.S. Law
October 18, 2015

Congress to hold hearings on N. Korea & terrorism, human rights, nukes this week

The first hearing, entitled, “The Persistent North Korea Denuclearization and Human Rights Challenge,” will be held Tuesday at 10 a.m., before the full Senate Foreign Relations Committee. The witnesses will be Sung Kim, the State Department’s Special Representative For North Korea Policy And Deputy Assistant Secretary For Korea and Japan, and Robert King, State’s Special Envoy For North Korean Human Rights Issues. The second hearing will be before the House Foreign Affairs Committee’s Subcommittee on Terrorism, Nonproliferation, and Trade, on...
Categories Anju Links/Human Rights/Terrorism (NK)/U.S. Law/WMD
August 18, 2015

Pro-North Korean group denies that it’s under investigation for tax evasion

According to the UPI, which in turn cites reports from Yonhap and SBS, one of America’s most infamous and influential pro-North Korean groups is under investigation “for tax evasion and political activities that violate U.S. tax laws.” The nonprofit Korean American National Coordinating Council in New York is under investigation according to local Korean American and diplomatic sources, but it was unclear which government agency was conducting the full-scale investigation, South Korean news agency Yonhap reported. The investigation also is the first reported...
Categories U.S. Law/Useful Idiocy
July 10, 2015

Senators Graham, Menendez introduce companion to N. Korea Sanctions Enforcement Act

Senators Lindsey Graham (R, SC) and Robert Menendez (D, NJ) introduced the bill, numbered S. 1747, last night. I haven’t had a chance to read the full text yet, but from my initial read, it looks similar to S. 3012, which Senator Menendez introduced in the 113th Congress. Like S. 3012, S. 1747 makes the designations in Section 104(a) discretionary, rather than mandatory. The problem with that approach is that so far, President Obama has exercised his discretion to sanction North Korea as little as possible. The State...
Categories Sanctions/U.S. Law
May 21, 2015

Sen. Gardner introduces resolution calling for tougher sanctions against N. Korea

It would seem that his speech the other day had a purpose — this. I couldn’t have written it any better myself. Yes, it’s only a resolution, but its clear intent is to gain wider support for policies that a Senate version of the North Korea Sanctions Enforcement Act would enact into law. It’s also the latest sign that Congress wants North Korea back on the list of state sponsors of terrorism, and that in the battle to change North Korea policy, a...
Categories U.S. Law
May 18, 2015

GAO: State Dep’t must step up diplomacy to enforce N. Korea sanctions

The General Accountability Office has released a new report on the enforcement of sanctions against North Korea. The report, requested by Senate Foreign Relations Committee Chairman Bob Corker, will probably influence the contours of the Senate’s version of the North Korea Sanctions Enforcement Act. You can read the full report here and a summary here, and listen to a podcast here. The report correctly points to a key flaw in the enforcement of the sanctions that exist now — a lack of financial intelligence....
Categories "United" Nations/Sanctions/U.S. Law
December 20, 2014

We are all North Koreans now

As far as I know, I didn’t liberate a single North Korean during my four-year tour with the Army in South Korea, although I’ve argued their distant and forgotten cause ever since I came home. The crimes of Kim Jong Un were still distant just five weeks ago, when Professor Lee and I, writing in The New York Times, sounded a lonely warning about Kim’s efforts to censor his critics in the South with terror and violence, writing that “[c]aving into blackmailers merely...
Categories Censorship/Human Rights/Sanctions/Terrorism (NK)/U.S. Law
December 18, 2014

If N. Korea hacked Sony and threatened us, here’s how we should respond

The New York Times, quoting “[s]enior administration officials,” is reporting that “American officials have concluded that North Korea ordered the attacks on Sony Pictures’s computers.” Senior administration officials, who would not speak on the record about the intelligence findings, said the White House was debating whether to publicly accuse North Korea of what amounts to a cyberterrorism attack. Sony capitulated after the hackers threatened additional attacks, perhaps on theaters themselves, if the movie, “The Interview,” was released. [N.Y. Times] The...
Categories Books & Films/Censorship/Terrorism (NK)/U.S. Law
November 13, 2014

Rev. Kim Dong Shik’s family is appealing the dismissal of its lawsuit against N. Korea

… at the U.S. Court of Appeals for the D.C. Circuit. You can read the appellants’ briefs at this link, and I previously posted the original pleadings here. The District Court dismissed the suit for lack of evidence of torture, despite the fact that at least one North Korean agent was convicted of the kidnapping in a South Korean court. For background information on Kim’s abduction from China and murder in North Korea, see this link. Victims of terrorism and torture are allowed to sue...
Categories Terrorism (NK)/U.S. Law
September 29, 2014

H.R. 1771: A response to Stephan Haggard

Stephan Haggard has published the second of two comments on H.R. 1771, the North Korea Sanctions Enforcement Act, at KEIA’s blog, following Bruce Klingner’s first post on the subject. Haggard and I have a history of genial disagreement about North Korea policy, but I find much more in this thoughtful and well-considered post to expand on than to argue with. Haggard has obviously read and understood the legislation before opining about it. (Marcus Noland, Haggard’s co-author at Witness to Transformation,...
Categories Money Laundering/Sanctions/U.S. Law