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Category: Sanctions

July 21, 2020

Our S Korean ally has a plan to bail Kim Jong-un out, but it’s no better than the rest of them

I really think South Korean President Moon Jae-in wants to bail Kim Jong-un out more than I want my next breath. Even before he was sworn in, he called for the reopening of Kaesong and other joint projects to ease the burden of U.S.-led sanctions. Once in office, he called for major investments in North Korea until a call from the Treasury Department scared his bankers away. He turned a blind eye to purchases of North Korean coal, and probably to the smuggling of luxury goods, into...
Categories An Alliance?/Sanctions
July 17, 2020

Why DOJ’s deferred prosecution of Essentra FZE is a good deal for it, & for us.

In the Washington suburbs, $665,112 will buy you a nice house, but not a mansion. A settlement with the Treasury Department for a civil penalty in that amount isn’t going to bankrupt a large multinational corporation. Its main impact on Essentra FZE, a UAE-based subsidiary of a British corporation that makes cigarette filters, may be in its access to financial services and legal fees, which would still be worth every penny if they exceeded the penalty. You could argue back...
Categories Money Laundering/U.S. Law
July 13, 2020

Will there be another Trump-Kim summit? Who knows? Will it do any good? No.

Last Friday, I appeared alongside Scott Snyder of the Brookings Institution on the Voice of America’s Washington Talk, hosted by Connie Kim. You can watch the edited interview here (it’s in English, with Korean subtitles): N. Korea rejects the idea of another summit as Pres. Trump said he could meet with KJU if it was helpful. How significant was a S. Korean court’s ruling that ordered KJU to compensate former POWs for forced labor?@snydersas @CFR_Asia @freekorea_us join us https://t.co/iEY4zMXvhU —...
Categories Sanctions/Washington Views
May 28, 2020

Feds unseal 14-count indictment against 33 agents of sanctioned North Korean bank

The U.S. Attorney’s office for the District of Columbia has done it again. Today, its prosecutors unsealed indictments against 28 North Korean and 5 Chinese representatives of North Korea’s Foreign Trade Bank (FTB) who are or were posted in China, Russia, Libya, Thailand, Kuwait, and Austria. The Treasury Department’s Office of Foreign Asset Control (OFAC) designated the FTB for proliferation financing in 2013. The North Korea Sanctions Regulations later put additional restrictions on dealings with the North Korean financial industry....
Categories Money Laundering/Sanctions/U.S. Law
May 13, 2020

OFAC’s new North Korea (sort of) designations

Today, the Treasury Department’s Office of Foreign Assets Control published a colossal list of amendments to the North Korea designations on its list of Specially Designated Nationals—its sanctions blacklist for the financial industry. The amendments are requirements under the new Otto Warmbier North Korea Nuclear Sanctions and Enforcement Act, the North Korea Sanctions and Policy Enhancement Act, and the regulations promulgated under those authorities. Today’s announcement is an encouraging sign that the administration is feeling more pressure to enforce these...
Categories Cyberwar/Money Laundering/Sanctions/Shipping sanctions
April 14, 2020

On OFAC’s new North Korea Sanctions regulations

In the days since the Treasury Department announced its amendment to the North Korea sanctions regulations at 31 CFR Part 510, I’ve received at least half a dozen inquiries from journalists about what it means. Unfortunately for us all, today also marks the first day in almost three weeks, inclusive of weekends and holidays, that I did not work a significant amount overtime in my day job—currently, it involves responding to the nationwide coronavirus disaster declaration—so I’ll keep this post...
Categories Arms Trafficking/Money Laundering/Sanctions/Shipping sanctions/U.S. Law
March 2, 2020

DOJ indicts 2 Chinese men for laundering stolen South Korean Bitcoin for North Korean hackers

Today, the U.S. Attorney’s Office for the District of Columbia unsealed an indictment of two Chinese nationals, Tian Yinyin and Li Jiadong, charging them with money laundering and running an unlicensed money transmitting business, for laundering $100 million in stolen Bitcoin and Ether for North Korean hackers between July 2018 and April 2019. The indictment alleges that the $100 million was part of a $250 million take the Lazarus Group stole from four cryptocurrency exchanges, three of them in South...
Categories Cyberwar/Money Laundering/U.S. Law
February 14, 2020

Huawei & North Korea: Reading between the lines of EDNY’s new indictment

HUAWEI, WHICH WAS PREVIOUSLY INDICTED FOR eleven counts of conspiracy, bank fraud, wire fraud, violations of Iran sanctions, and money laundering (plus criminal forfeiture counts) now finds itself hit with a superseding indictment for sixteen counts of similar allegations by prosecutors in the Eastern District of New York, or EDNY. I’ve always been impressed with the quality of EDNY’s work. It’s a plucky, underrated little office that sits resentfully in the shadow of its more prestigious and prideful neighbor in...
Categories Money Laundering/U.S. Law
December 20, 2019

The Warmbier Act could raise the pressure on Kim Jong-un dramatically, whether Donald Trump likes it or not

Kim Jong-un is wrapping Donald Trump’s Christmas present, and Putin and Xi Jinping say that Trump should lift the sanctions on Kim they’ve been violating anyway, but Congress just made those sanctions much tougher in a new bill, the Otto Warmbier North Korea Nuclear Sanctions and Enforcement Act, which just passed both houses of Congress as an amendment to the National Defense Authorization Act for Fiscal Year 2020, or NDAA. The bill is an updated version of the BRINK Act,...
Categories Money Laundering/Sanctions/Shipping sanctions/U.S. Law
May 15, 2019

Judge holds Chinese banks in contempt, fines them $50K a day for failing to comply with North Korea subpoenas

If you haven’t already read my post about Chief Judge Beryl Howell’s order directing three Chinese banks to comply with federal grand jury and statutory subpoenas of their North Korea-related records, you should probably start there. Although the docket in this case is still sealed, I speculated in that post that the banks would likely appeal to the D.C. Circuit and seek a stay of the court’s order. And so they have, according to an order Judge Howell unsealed today....
Categories Money Laundering/U.S. Law
May 10, 2019

I’ll give you a topic. The final voyage of the “Wise Honest” was neither. Discuss.

The U.S. Attorney’s Office for the Southern District of New York has seized and sued to forfeit a 17,000-ton North Korean bulk carrier that was hauling neither rice, nor corn, nor milk, but coal to enrich Kim Jong-un, and machinery to keep his mines and his military-industrial complex from shutting down.1 And it was doing it with money laundered through correspondent banks in our country, in New York City. This is the great, uncharged crime of the M/V Wise Honest,...
Categories Money Laundering/Shipping sanctions/U.S. Law
April 30, 2019

OFK Exclusive: Court orders three Chinese banks to comply with subpoenas for North Korea-related records

There is (or should be) a modern Chinese curse that goes something like this: “May the subpoenas fall like rain on your New York correspondents.” In December 2017, that curse afflicted three Chinese banks that now find themselves enmeshed in an expensive and legally perilous FBI investigation into the laundering of large amounts of Kim Jong-un’s lucre. With today’s unsealing of Chief Judge Beryl Howell’s opinion, ordering the banks to comply with the subpoenas, the story can be told. You...
Categories Money Laundering/Sanctions/U.S. Law
April 23, 2019

The “experts” were wrong. The sanctions are working.

The fact that even the New York Times says so didn’t make it so; it just made it harder for people who trust the New York Times to deny it. But for those of us who’ve always put more stock in the Daily NK and Rimjin-gang, the evidence has been piling up for more than a year. Our chronology begins in March 2016, two months after North Korea’s fourth nuclear test and one month after Congress passed the North Korea Sanctions...
Categories Sanctions
March 25, 2019

How Congress can legislate maximum pressure over Donald Trump’s veto

In 1986, Congress passed the Comprehensive Anti-Apartheid Act by a vote that was overwhelming, if not quite so overwhelming as the margins by which later congresses would pass North Korea sanctions. I still have a vague memory of when President Reagan vetoed anti-Apartheid sanctions and took his plea for “constructive engagement” to the American people, making many of the same arguments that the left would make generations later to support “engagement” with Kim Jong-un. Congress, unpersuaded then as now, overrode...
Categories Sanctions/U.S. Law
March 13, 2019

UN Panel investigating South Korean sanctions violations

The U.N. Panel of Experts has released its latest report, and for the first time since it began publishing them in 2009, it is now investigating South Korea for violating the sanctions. One area the Panel is looking into is its imports of North Korean coal for ten months, in violation of UNSCR 2371, while its Coast Guard dragged out an “investigation” of those imports, allowed the smuggling ships to come and go freely without seizing them, and later charged...
Categories An Alliance?/Sanctions/Shipping sanctions/Sunshine
March 6, 2019

Congress is losing confidence in Trump & Treasury on North Korea sanctions

Yesterday, Senators Chris Van Hollen (D-MD) and Pat Toomey (R-PA) introduced a new version of the Otto Warmbier Banking Restrictions Involving North Korea, or BRINK Act, which I wrote about here in 2017. You can read the two Senators’ summaries of the bill here and here. Otto’s parents also provided a supportive statement. Congress’s patience, which has long been near a breaking point, has reached it. Perhaps it’s not completely fair that Trump is now reaping the frustrations that were...
Categories Money Laundering/Sanctions/U.S. Law/U.S. Politics
February 28, 2019

How to negotiate a lasting peace in Korea, feed the hungry, and heal the sick

Let’s say you still believe in a negotiated disarmament of North Korea, something to which I assign a ten percent probability at most. Or, let’s say you don’t. Suspend your disbelief and assume that aggressive sanctions enforcement—the enforcement Kim Jong-un tricked Trump into calling off nearly a year ago—becomes a sufficient threat to the solvency and cohesion of Kim Jong-un’s regime that he comes back to the table next year, offers to submit a complete declaration of his WMD programs...
Categories Class Warfare/Democracy/Diplomacy/Sanctions/U.S. Law
December 10, 2018

Rape, revenge, sanctions & North Korea’s hated Ministry of Love

FIVE HUNDRED YEARS AGO, Machiavelli mulled the question of whether a tyrant should seek to be feared or loved. The Ministry of State Security or MSS is North Korea’s analog to Orwell’s Ministry of Love,1 but in reality, it is Kim Jong-un’s most feared and hated enforcer. It targets “spies, subversive elements, and political criminals” — the people the state fears most. It runs North Korea’s most horrific prison camps, of which one North Korean woman interviewed secretly by the BBC said, “It is...
Categories Human Rights/Resistance/Sanctions