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1. Reconsidering US Sanctions Policy Amid the Coronavirus Crisis and the Oil Market Crash

Author:
Richard Nephew
Publication Date:
03-2020
Content Type:
Working Paper
Institution:
Center on Global Energy Policy (CGEP), Columbia University
Abstract:
For energy markets, the profound economic disruptions caused by the coronavirus have broken the arrangements of the OPEC+ oil exporters to limit production, as Russia and Saudi Arabia failed to agree on production caps. Oil prices plunged as producers ramped up output, made worse by the demand shock created by the spread of Covid-19 and resulting plunging global economic activity as countries have sought to cope with the widespread infection and mortality. The global economic shocks and humanitarian crises have left US sanctions policy in a deeply uncomfortable spot. The United States has prioritized using sanctions as a means of creating leverage for resolving myriad foreign policy crises, arguing in part that using sanctions is a more humane option than the alternatives. The United States has long argued that without sanctions, some problems would either get far worse, with their own unpleasant consequences (such as human rights violations, regional aggression, and acts of terrorism), or would be met by US military force instead. Though some would disagree with the notion that sanctions are ever moral or just, it is on this basis—taken in combination with the presence of humanitarian exceptions to sanctions—that US policymakers across the political spectrum have asserted that their approach is appropriate and consistent with humanitarian values.
Topic:
Energy Policy, Oil, Natural Resources, Sanctions, and COVID-19
Political Geography:
North America and United States of America

2. The Impact of Covid-19 on Global Supply Chains and Sanctions

Author:
Richard Nephew
Publication Date:
05-2020
Content Type:
Working Paper
Institution:
Center on Global Energy Policy (CGEP), Columbia University
Abstract:
The coronavirus outbreak has once again placed a spotlight on global supply chains, particularly those that are involved in the fabrication of medicines, medical equipment, and vaccines. Right now, much of the discussion around these supply chains is in the arena of high-level politics. Observers and officials of a protectionist bent—such as Peter Navarro, a trade adviser to Donald Trump—have used the occasion to emphasize that “if we learn anything from this crisis, [it is that] never again should we have to depend on the rest of the world for our essential medicines and counter-measures.” Others have argued instead that this is why protectionism is inherently counterproductive and dangerous. Global supply chains are likely to leave the realm of elite debate if and when the effects are felt more directly by consumers and in visible ways, such as the shortage of fresh fruits or vegetables. The result will be political pressure on leaders around the world to reduce national exposure to international trade, perhaps not just in areas associated with coronavirus response and mitigation. Underscoring this point, on 1 May, the Trump Administration issued an Executive Order that restricts the procurement of components and equipment for the U.S. “bulk-power system,” arguing that “unrestricted” trade in these goods “augments the ability of foreign adversaries to create and exploit vulnerabilities in bulk-power system electric equipment, with potentially catastrophic effects.” Setting aside completely whether investing the effort in deglobalizing supply chains is sound or sensible, moves to do so will have important effects on global economic statecraft. States that presently have an outsized advantage in the use of such tools—the United States in particular—may find that shifts away from global supply chains are damaging to their ability to use economic leverage, especially sanctions. States that are more vulnerable to these tools, on the other hand, may find their exposure to sanctions reduced, alongside lost advantages from international trade and business; in essence, less reliance on international supply chains could do the work of sanctions.
Topic:
Sanctions, Public Health, Pandemic, COVID-19, and Supply Chains
Political Geography:
Global Focus

3. Evaluating the Trump Administration’s Approach to Sanctions: Venezuela

Author:
Richard Nephew
Publication Date:
06-2020
Content Type:
Working Paper
Institution:
Center on Global Energy Policy (CGEP), Columbia University
Abstract:
Since taking power in January 2017, the Trump administration has overseen a dramatic escalation of sanctions[1] to pressure and punish US adversaries, including high-profile cases against Iran, North Korea, Russia, and Venezuela. Against this background, the Center on Global Energy Policy is publishing a short series of critiques of the Trump administration’s sanctions in the four cases mentioned. The series utilizes findings from the author’s book The Art of Sanctions, which recommends policy makers evaluate their sanctions decisions regularly to assess whether they are using sanctions effectively. It counsels that policy makers should have alternative strategies under development for use if they determine sanctions have or will likely fail to achieve their objectives. Further, the author enjoins those intent on using sanctions to recall that, like all foreign policy instruments, sanctions are only as good as the underlying strategy being pursued. This commentary, the fourth and last in the series, examines the effectiveness of the sanctions put in place against Venezuela. It assesses the sanctions approach within the parameters of the framework outlined in The Art of Sanctions and concludes with recommendations for the Trump administration. The Trump administration began with a conundrum: how to exert leverage on a country that is not only hostile to the United States but also an economic mess. Diplomatic engagement appeared an implausible path toward resolving US concerns with the country—not least of which centered on its potential to be disruptive to the region as a whole—but these concerns did not reach the level that would merit the use of military force. Such situations are usually tailor-made for the application of sanctions pressure, but, in Venezuela’s case, the country was already suffering under considerable economic strain that was entirely self-administered. Sensibly, the Trump administration declined to undertake major new sanctions initiatives for over a year. But upon doing so, the administration found itself in a wholly new and arguably more difficult situation: imposing sanctions on a country in the midst of a contested political transition. To date, the sanctions approach selected has been largely reasonable in this context, but impatience over the slow pace of the aforementioned transition could prompt error, especially if the administration loses sight of the desired end goal and begins to see sanctions pressure as an end unto itself.
Topic:
Foreign Policy, Diplomacy, Military Strategy, and Sanctions
Political Geography:
South America, Venezuela, North America, and United States of America

4. The Implications of an Iran Sanctions Snapback

Author:
Richard Nephew
Publication Date:
09-2020
Content Type:
Working Paper
Institution:
Center on Global Energy Policy (CGEP), Columbia University
Abstract:
For several months, it has seemed likely that the Trump administration would elect to pursue the reimposition, or snapback, of UN Security Council (UNSC) sanctions against Iran. For those less steeped in the terminology, the concept of sanctions “snapback” is one developed as part of the Joint Comprehensive Plan of Action (JCPOA). It refers to the ability of the United States and other partners to quickly reimpose the sanctions that were suspended as part of the quid pro quo that saw Iran accept significant restrictions and transparency requirements for its nuclear program. Conceptually, this was necessary because Iran had the ability to restart its nuclear program if the United States or others were seen as cheating on the deal. The United States and its partners needed some assurance that, if Iran were found to be cheating, they could react just as swiftly. On August 20, Secretary of State Mike Pompeo finally submitted the notification that, according to the US government, would trigger a 30-day timeline for the reimposition of these sanctions. In the US view there is now no stopping the return of the UNSC’s original Iran sanctions regime, though there may be some procedural wrangling over how and when the measures will be reimposed. It is not clear, however, whether this will be the case. A fair amount of analysis has gone into the fundamental question of whether the United States has the standing to trigger snapback, which is an issue I explored in 2019.[1] European, Russian, Chinese, Iranian, and other observers argue that the United States has no such standing, because, under the terms of the UN Security Council resolution that created the snapback mechanism (UNSCR 2231), it is no longer a “participant” of the JCPOA following its withdrawal in 2018. Even former National Security Advisor John Bolton—who was in large part responsible for the US withdrawal from the JCPOA—tends to agree with this reading.[2] The Trump administration obviously disagrees. It is an important question, and one that speaks to the underlying credibility and integrity of the US snapback decision as well as its results. But, ultimately, there is no way of finding a conclusive answer. International law being what it is, there are no authoritative arbiters available to determine whether the United States or its many critics are right. Snapback is happening and will have consequences, we now need to shift to considering what comes next. I see four main outcomes that are directly relevant to this decision and the future of US sanctions policy and negotiations.
Topic:
Arms Control and Proliferation, Nuclear Weapons, United Nations, Military Strategy, Sanctions, and JCPOA
Political Geography:
Iran, Middle East, North America, and United States of America

5. Shifts in Global Sanctions Policy, and What They Mean for the Future

Author:
Richard Nephew
Publication Date:
11-2020
Content Type:
Working Paper
Institution:
Center on Global Energy Policy (CGEP), Columbia University
Abstract:
The last four years have borne witness to a range of new sanctions, policies, and approaches around the world. Some of these were predicted in November 2016, as Donald Trump took to sanctions far more than his predecessors, using them to tackle virtually every foreign policy problem he encountered. In fact, Trump’s use of sanctions transcended their typical usage in both form and content, as he employed tariffs and other more traditional “trade” tools to try to manage a bevy of nontrade problems. The long-term effects of this decision have yet to be felt or properly understood. It may be that Trump was ahead of the curve in seeing the fracturing of the global liberal economic order and employed the US economy for strategic advantage while it was still ahead. It may also be that Trump undermined the US position in the global economy through his policies, if not actually hastened the demise of this system of managing global economics. Time and the evolution of policy in other global power centers will eventually tell. The shifting approach to sanctions policy by a variety of other states is a manifestation of the potential effects of Trump’s policy choices in using US economic power. From the EU to Russia to China, other countries have changed long-standing policy approaches as they relate to sanctions, either to respond to or perhaps to take advantage of the new paths forged by the United States. The actions that they have taken are not “unprecedented” per se, as each of these countries or organizations has—at times—embraced policies that are consistent with some of these current actions. But, in aggregate, they describe an overall shift in how the world treats sanctions and trade policy, particularly that as practiced by the United States.
Topic:
Diplomacy, International Cooperation, International Trade and Finance, and Sanctions
Political Geography:
China, Europe, Asia, North America, and United States of America

6. The Qatari Sanctions Episode

Author:
Richard Nephew
Publication Date:
10-2020
Content Type:
Working Paper
Institution:
Center on Global Energy Policy (CGEP), Columbia University
Abstract:
On June 5, 2017, Saudi Arabia, the United Arab Emirates (UAE), Egypt, and Bahrain announced that they were cutting diplomatic ties with and imposing sanctions on Qatar. The most formidable of these sanctions was a comprehensive blockade of Qatar, which involved the closure of the land border between Qatar and Saudi Arabia as well as banning Qatari planes from entering these countries’airspace. The coalition then embarked on a limited program of sanctions advocacy, seeking US, European, East Asian, and other regional support for their efforts. Nearly three years after the crisis began, Qatar’s economic indicators all point to the positive and the International Monetary Fund (IMF) has broadly concluded that the Qatari economy is structurally sound. Qatar faces some of the same issues and tensions that other hydrocarbon-dependent economies experience, but is in a comparatively strong position, particularly as relates to its future sanctions resilience as will be described below. This paper, part of the broader sanctions work from the Energy Security program at Columbia University’s Center on Global Energy Policy, sets aside whether the cause of the Qatari dispute with its neighbors justified the use of sanctions and examines the significance of the execution of those sanctions. Qatar’s experience is not replicable in many contexts, given its sizable advantages in available resources. Nonetheless, how the country responded to and—in this paper’s assessment—effectively defeated the sanctions campaign mounted against it points to several lessons about the design and implementation of sanctions.
Topic:
Diplomacy, Military Strategy, Sanctions, and Regionalism
Political Geography:
Saudi Arabia, Qatar, Gulf Nations, and UAE

7. Maintaining America’s Coercive Economic Strength: Five Trends to Watch in U.S. Sanctions

Author:
Howard Berman, Paula J. Dobriansky, Sue E. Eckert, Kimberly Ann Elliott, David L. Goldwyn, Peter Harrell, Theodore Kassinger, George A. Lopez, Richard Nephew, Michel Rademaker, Frederick Reynolds, Elizabeth Rosenberg, Daleep Singh, Julianne Smith, Adam Szubin, and Rachel Ziemba
Publication Date:
03-2019
Content Type:
Special Report
Institution:
Center for a New American Security (CNAS)
Abstract:
U.S. foreign policy officials have embraced economic sanctions as a tool of choice for American foreign policy. Decisionmakers have deployed sanctions against strategic adversaries and national security threats ranging from Russia to non-state actors such as terrorist groups, drug cartels, and businesspeople who engage in corrupt activities. The appeal to both policy leaders and key constituent groups of the potent economic impacts of sanctions in several recent high-profile cases, particularly those of Iran, Russia, North Korea, and Venezuela, combined with broad bipartisan support for aggressive use of U.S. sanctions, suggests that the United States will favor this policy tool and be an active practitioner in the years ahead. This brief describes five of the most prominent and influential trends that could affect U.S. sanctions and other coercive economic measures in the future. The five trends are: (1) a shift toward more aggressive use of U.S. unilateral sanctions; (2) the growing role of Congress in enacting sanctions and managing their implementation; (3) an increased potential for unintended consequences as a result of growing complexity in sanctions; (4) accelerating efforts of foreign governments to insulate trade and payment channels from U.S. sanctions; and (5) new technological developments that may have the potential to both enhance and weaken the impact of U.S. sanctions in the years ahead.
Topic:
Foreign Policy, National Security, Sanctions, Elections, and Economy
Political Geography:
North America and United States of America

8. Transatlantic Sanctions Policy : From the 1982 Soviet Gas Pipeline Episode to Today

Author:
Richard Nephew
Publication Date:
03-2019
Content Type:
Working Paper
Institution:
Center on Global Energy Policy (CGEP), Columbia University
Abstract:
Though many commentators have suggested that the Trump administration’s approach with respect to sanctions threats against Europe is “unprecedented,” the relative comity in US-European sanctions policymaking in recent years may be the aberration. The United States and Europe have often disagreed about whether, when, and how to impose sanctions against even common adversaries and in order to resolve mutually recognized problems. One of the most serious examples of this occurred in 1982 when the United States and its European allies broke sharply over the US decision to impose sanctions on the Soviet Union over the crackdown on the Solidarity Movement in Poland. The crisis that emerged tested the NATO Alliance, European governments, and the Reagan administration. This paper reviews the 1982 example and then sets some lessons from it against the current US-European relationship. It offers an assessment not only of the changing political, economic, and social factors that have contributed to greater compliance with US sanctions dictates on the part of Europe over the last few years, but also the relatively brittle nature of this cooperation. It underscores that, though the United States may be in a relatively predominant economic position at present, this situation may not and likely will not persist indefinitely. From this perspective, it concludes with three recommendations for how to modify current US sanctions practice in order to help manage partner concerns and avoid future crises. Adopting a process more akin to the Federal Register notice procedure for new sanctions programs. There is a yawning need for more consultation in advance of US sanctions decisions that could have major market moving and alliance shaking potential. It is not necessary, nor would it be prudent, to have a process that required public scrutiny of individual or entity asset freeze scenarios, but for other, more broad sanctions initiatives, it would help to avoid unintended consequences and ensure a more comprehensive debate. Exceptions could also be made to this rule in the event of a legitimate emergency. Establishing an independent commission to evaluate US sanctions policies and challenges. Congress should set up an independent, bipartisan commission to examine the issue of US sanctions policy now and for the next twenty-five years. Its assignment would be to evaluate how sanctions have been used in the recent past, the international operating environment for sanctions now, and the dimensions of the sanctions policy challenge in the future. Improving congressional oversight of the sanctions process. Congress should also require evaluation reports for individual sanctions regimes as a standard part of the executive branch’s use of the International Emergency Economic Powers Act (IEEPA). Of course, similar requirements ought to be considered a standard part of congressionally mandated sanctions as well.
Topic:
Foreign Policy, Sanctions, and Global Political Economy
Political Geography:
United States and Europe

9. China and economic sanctions: Where does Washington have leverage?

Author:
Richard Nephew
Publication Date:
10-2019
Content Type:
Working Paper
Institution:
Center on Global Energy Policy (CGEP), Columbia University
Abstract:
Though historically China has been a sanctions recipient, with only a few isolated incidents of using sanctions in return, this situation is likely going to change in the years to come. China’s global economic position — as well as its ambitions to serve as not only a global power, but also potentially the leading international power — will push it to consider means of exerting international leverage. The United States has shown vividly in the last 30 years that sanctions are one means to this end, and Chinese scholars are demonstrating increasing facility with sanctions doctrine. China’s increasing assertiveness in economic sanctions will allow it to not only hit back directly against the United States with retaliatory measures, but also to develop independent rationales to apply sanctions in pursuit of Chinese policy objectives. China may begin using sanctions as an affirmative instrument of policy. The United States is vulnerable to disruptions in U.S.-Chinese economic ties. The U.S. reliance on Chinese financing, especially for U.S. national debt, and Chinese economic growth in areas where the U.S. typically excels demonstrate China’s capacity to target the U.S. To combat this potential emerging threat, the United States should seek first to negotiate with China on ways to avoid conflict. But, given the likelihood of competition nonetheless, the United States should also add sanctions development to its crisis management process, and increase intelligence and analytical capabilities that focus directly on Chinese sanctions doctrine and practice.
Topic:
Diplomacy, Sanctions, and Global Political Economy
Political Geography:
United States, China, Asia, and North America