Loopholes in UN sanctions against North Korea

A new article in 38 North by Hugh Griffiths and Lawrence Dermody.

Here is the introduction:

The latest United Nations report on North Korean sanctions has once again highlighted the role of foreign companies in cases of UN sanctions evasion. TheMarch 2014 report by the independent Panel of Experts assigned to monitor sanctions against the DPRK on behalf of the UN noted the widespread involvement of foreign companies.

A new SIPRI study backs up the UN report and goes further, showing that foreign company involvement in North Korean sanctions violations is not new and is more than just a trend-foreign companies and individuals travelling on foreign passports constitute an overwhelming majority of those identified as involved in the violation of both multilateral and unilateral sanctions dating as far back as 2004.While the majority of companies and individuals identified as involved in sanctions violations are either registered abroad or hold foreign passports, the international community continues to overwhelmingly target companies and individuals registered in North Korea. This targeting takes the form of “designations” by which the United Nations and the European Union together with countries such as Australia, Japan and the US order asset freezes on particular companies, as well as trade bans, and slap travel bans on named individuals traveling on North Korean passports.

These dynamics–identified for the first time in the SIPRI study–may have implications for policy-makers seeking to apply new rounds of sanctions on North Korea in response to any fourth nuclear test.

Most firms designated by the UN and the EU as well as Australia, Japan and the United States are North Korean-registered trading companies while virtually no North Korean transportation companies have been designated. In conREAD MOREtrast to trading companies which have few fixed assets and can easily switch name and other forms of corporate identity, transportation companies that utilize aircraft and ships are easier to monitor and track despite name-changes. Given the key role that transportation plays in the logistics of sanctions evasion, the SIPRI study provides a number of recommendations in support of these and other findings….

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