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1. Sanctions have become a tool of first resort. But enforcement needs upgraded and updated resources.

Author:
David Mortlock and Alex Zerden
Publication Date:
03-2024
Content Type:
Policy Brief
Institution:
Atlantic Council
Abstract:
Enforcement remains a critical but underresourced element of economic sanctions. The US Congress and the Department of the Treasury should consider updates to its resources, public guidance, and policies to ensure the efficacy of sanctions enforcement as the use of the sanctions policy tool continues to expand. Economic sanctions are often described as the foreign policy tool of first resort. The Department of the Treasury acknowledged this reality in its “2021 Sanctions Review.” Through its Office of Foreign Assets Control (OFAC), the Treasury Department administers thirty-eight different, albeit overlapping, economic sanctions programs. With only a few hundred employees, OFAC has a nearly unparalleled national security mandate with oversight of the US economy and many other facets of global economic activities. OFAC develops policies for the use of sanctions, designates sanctions targets like individuals, entities, and jurisdictions, engages with the private sector to promote compliance, and civilly enforces apparent violations by US persons and others. This latter enforcement role represents a critical but often overlooked capability. For instance, the same “2021 Sanctions Review” does not even mention the enforcement function in its assessment. (However, it did seek to ensure that sanctions are “enforceable” in the context of sanctions implementation.) Resource constraints, a lack of attention, and the prioritization of policy crises hamper this enforcement function. In 2023, OFAC only undertook seventeen public enforcement actions, including its largest settlement to date with Binance, a global cryptocurrency exchange. For perspective, the Department of Justice terminated 63,419 civil cases in fiscal year 2022, according to the most recent public data. As the wider interagency continues to rely on sanctions as a critical tool and the United States seeks to expand partner sanctions capacity, US policymakers must fully support the sanctions enforcement function. Strengthening the internal controls for OFAC enforcement improves the rule of law through improved due process and protects OFAC from legal challenges that could existentially undermine its national security mission. OFAC enforcement urgently requires increased budgetary resources and an upskilled workforce from Congress, stronger internal procedures to avoid litigation risks, improved public guidance, and revised enforcement guidelines to promote consistency and improve compliance by industry.
Topic:
Foreign Policy, Economics, Sanctions, Transparency, and Enforcement
Political Geography:
North America and United States of America

2. How Huawei Weathered the Storm: Resilience, Market Conditions or Failed Sanctions?

Author:
Hosuk Lee-Makiyama and Robin Baker
Publication Date:
02-2024
Content Type:
Policy Brief
Institution:
European Centre for International Political Economy (ECIPE)
Abstract:
Huawei is exhibiting stoic resilience in the face of US sanctions, economic downturns, and the slow pace of 5G investments. There is a narrative that the company has been propped up by the Chinese government, but the key to Huawei’s resilience is multifaceted. Through pre-emptive stockpiling and ingenuity, the company has continued to fulfil its base station orders and defend its market shares abroad. Concurrently, Huawei has made an autonomous business decision to reinvest its earnings and intensify R&D to secure its supply chains against political risks and diversify into new business areas. Successful forays into semiconductors, cloud services and energy grids have also been facilitated by a capital structure that lends itself to long-term planning. Huawei’s survival is not necessarily a lesson in the futility of sanctions to stifle technological progress. However, it does show that muddled political objectives and inconsistent implementation will yield potentially contrary outcomes. At the same time, factors that contribute to Huawei’s resilience also highlight the infighting and vulnerabilities of listed firms like Mavenir, Ericsson and Nokia.
Topic:
Markets, Sanctions, Digital Economy, Resilience, and Huawei
Political Geography:
China, North America, and United States of America

3. Unsealed Indictment Shows Iranian Agents Acquired Controlled Camera with Nuclear Weapons Application from United States

Author:
Sarah Burkhard, Chloe DeVere, and Kendall Roach
Publication Date:
08-2024
Content Type:
Special Report
Institution:
Institute for Security and International Studies (ISIS)
Abstract:
In the spring of 2023, the U.S. Justice Department unsealed an indictment from 2012, which shows that in addition to the previously known high-speed cameras Iran purchased from Russia, brokered by Mohsen Vanaki, 2 Iran also acquired another camera with applications in nuclear and ballistic missile testing at the same time from the United States. 3 From 2006 to 2009, five agents residing in Iran, Azerbaijan, the United Arab Emirates (UAE), and Canada worked together to purchase the camera, which required an export license, from a U.S. company. They then shipped the camera via Canada and the UAE to an Iranian customer with known ties to Iran’s nuclear and ballistic missile program. While a first attempt to purchase the camera failed, a second attempt succeeded, requiring an elaborate scheme with multiple transshipment points, front companies, and falsified end-user information. Ironically, the Iranian end user experienced multiple technical issues with the camera post-shipment, requiring prolonged back-and-forth communication among the network and with the manufacturer. Despite efforts taken by the multiple agents to ship the camera and conceal its end use, this case reveals red flags and missed opportunities to stop the initial shipment or the repair and technical consultations post-shipment. While it is difficult to determine in what way the camera could have contributed to Iran’s nuclear weapons efforts, there are several indications that Iran was continuing nuclear weapons related activities previously conducted under the Amad plan during that time frame, and multiple governments agreed at the time that Iran’s nuclear weapons program was likely ongoing. The case highlights that Iran seeks controlled high-speed cameras for nuclear and military applications. It also serves as an important reminder that Iran does have the type of sophisticated equipment needed to conduct various aspects of nuclear weapons development, then and today. Additionally, this case again shows the value of dual-national and other Iranian procurement agents located outside of Iran, especially in Western countries. Moreover, if they are arrested and prosecuted, Iran has effectively developed a strategy of trading them for innocent Western hostages it has arbitrarily seized inside Iran.
Topic:
Nuclear Weapons, Sanctions, Weapons, and Trade
Political Geography:
Iran, Middle East, North America, and United States of America

4. The Rise of US Economic Sanctions on China: Analysis of a New PIIE Dataset

Author:
Martin Chorzempa, Mary Lovely, and Christine Wan
Publication Date:
12-2024
Content Type:
Policy Brief
Institution:
Peterson Institute for International Economics (PIIE)
Abstract:
Concerns over China’s national security and human rights activities have led the United States to rely increasingly on financial sanctions and export controls to curb Beijing’s behavior. But the tools are so complex it is difficult to assess their effectiveness. A new PIIE dataset sheds light on this economic statecraft. The first Trump administration added three times as many Chinese entities to export control and other sanctions lists than the previous four administrations; the Biden administration added even more to these lists. Most sanctions and controls target high-tech sectors, especially electronics, military and defense entities, aviation, space, and aerospace; targets are chosen under a veil of secrecy, raising questions over accountability and transparency. The benefits of isolating Chinese firms come with potential costs, hobbling innovation for US and allied business, encouraging circumvention of sanctions, and accelerating Chinese innovation.
Topic:
Economics, Human Rights, National Security, Sanctions, and Exports
Political Geography:
China, Asia, North America, and United States of America

5. US-South Korea Cyber Cooperation: Towards the Higher-Hanging Fruits

Author:
Jenny Jun and So Jeong Kim
Publication Date:
12-2024
Content Type:
Special Report
Institution:
Korea Economic Institute of America (KEI)
Abstract:
In the past decade, the US and South Korea faced a relatively narrow set of challenges in cyberspace, notably North Korea’s cyber crime facilitating sanctions evasion. In the next decade, however, the two countries will face a more diversified set of challenges with growing North Korean ties with Russia, its involvement in the war in Ukraine, and intensifying US-China competition. The US and South Korea must develop a joint playbook for responding to scenarios of disruptive cyber operations targeting South Korean public and private sectors and prepare for an even more difficult environment for curbing North Korea’s cyber crime as Russia provides a way out. Over the past two years, the US and South Korea have significantly deepened and broadened cooperation on cyber issues and have expanded cooperation further to trilateral and multilateral settings. The two countries established several regular high-level and working-level dialogues, have issued joint sanctions and threat advisories, and deepened mil-to-mil cooperation. However, 2024 has been a watershed in terms of shifting geopolitical dynamics on and around the Korean peninsula. Cyber threats will become more diversified, and the bilateral relationship will be tested at the seams without a clear joint strategic concept and operational plan.
Topic:
Sanctions, Geopolitics, Multilateralism, Strategic Competition, and Cyberspace
Political Geography:
China, Asia, South Korea, North America, and United States of America

6. China's response to the US tech war: The closing of detours

Author:
Yang Jiang
Publication Date:
07-2023
Content Type:
Policy Brief
Institution:
Danish Institute for International Studies (DIIS)
Abstract:
In the US-China rivalry, no battle is currently more fierce than the one over technology, with both countries ramping up efforts to pursue global technological leadership. The tech war has intensified under President Joe Biden, with the US’s strangling of China’s technological bottleneck getting tighter and tighter. The US’s stated aims are protecting its national security and foreign policy interests and preventing sensitive technologies with military applications from being acquired by China. Some analysts point to Beijing’s Made in China 2025 as the trigger of the tech war because that is China’s plan to upgrade manufacturing and seek the top positions in global value chains. The US is pursuing a strategy to outcompete and outmanoeuvre China, as is stated in the Biden administration’s National Security Strategy in October 2022: “this decade will be decisive, in setting the terms of our [the US’s] competition with the PRC”. Especially in the sector of semiconductors or chips, where the West controls China’s access to the most advanced technology, US restrictions and its ability to bring its allies into line have been destructive to China’s development. On 21 May 2023, Beijing’s ban of American chipmaker Micron from critical information infrastructure in China signals a first direct retaliation from Beijing. China has also realised that some of its hitherto measures—turning to alternative sources of import, utilising policy loopholes, and sufficing with lower-level technology—are just detours. They are not long-term solutions; nor can they be the foundation of China’s national security. The US restrictions have forced China to adopt new measures to accelerate domestic innovation with more focus on basic research and market forces. How the tech war will play out has important implications for Western countries and global supply chains. This policy brief will focus on China’s responses to the US-waged tech war, specifically: What have been China’s domestic measures to respond to the tech restrictions from the US, and what is China’s potential for technological breakthrough? What have been China’s international responses, and what are China’s options for retaliation?
Topic:
Science and Technology, Sanctions, Strategic Competition, Rivalry, and Supply Chains
Political Geography:
China, Asia, North America, and United States of America

7. De-escalation Efforts: What Tehran wants from a prisoner swap deal with Washington?

Author:
FARAS
Publication Date:
08-2023
Content Type:
Policy Brief
Institution:
Future for Advanced Research and Studies (FARAS)
Abstract:
US National Security Council Spokesperson Adrienne Waston, in a statement on August 10, 2023, affirmed that Iran has released from prison five Americans who were detained and has placed them on house arrest. US citizens Siamak Namazi, Morad Tahbaz, Emad Shargi, and two others were released from Tehran’s notorious Evin prison to house arrest. The US official described their release as “an encouraging step” and stressed that Washigton will continue efforts to bring them “all back home in the United States.”
Topic:
Foreign Policy, Nuclear Weapons, Treaties and Agreements, Sanctions, and Regional Politics
Political Geography:
Iran, Middle East, North America, and United States of America

8. Impact of economic sanctions on net commodity-producing and net commodity-consuming countries

Author:
Sergio R. Vale and Eduardo Viola
Publication Date:
01-2023
Content Type:
Journal Article
Journal:
Revista Brasileira de Política Internacional (RBPI)
Institution:
Instituto Brasileiro de Relações Internacionais (IBRI)
Abstract:
The war in Ukraine has had a marked economic impact. However, since Russia is a net producer of important commodities, the impact of sanctions on its economy was less than expected. But what would happen if there was a war involving a country that was a net importer of commodities? In the case of a possible China-US conflict over Taiwan, the impact on the world economy would be different, with a deeper recession around the world, but the impact on the Brazilian economy would still be positive on account of the possibility that would remain of agricultural exports to China.
Topic:
Agriculture, Economics, International Trade and Finance, Sanctions, Commodities, and Exports
Political Geography:
Russia, China, Europe, Ukraine, Taiwan, Asia, North America, and United States of America

9. Reset U.S.-Syria Policy

Author:
Daniel Depetris
Publication Date:
10-2023
Content Type:
Commentary and Analysis
Institution:
Defense Priorities
Abstract:
After 12 years of civil war, Syrian President Bashar al-Assad’s government has consolidated its power and defeated credible threats to its rule. The anti-Assad armed opposition, which once controlled half of Syria, is relegated to the northwestern province of Idlib. While the Biden administration recognizes that Assad will likely remain in office, U.S. policy remains punitive, maintaining comprehensive sanctions on Syria until Assad negotiates political reforms with his opponents and agrees to free and fair elections. This policy will not produce the desired results. Assad is firmly entrenched, benefits from the help of security partners in Iran and Russia, who prefer that he stays in power, and remains highly unlikely to comply with U.S. demands. The status quo amounts to collective punishment of the Syrian population. Approximately 900 U.S. troops remain in eastern Syria, allegedly to train and advise the Kurdish-led Syrian Democratic Forces against ISIS. But ISIS lost its territorial caliphate more than four years ago. The risk of keeping U.S. forces there in perpetuity which includes sporadic attacks on U.S. positions and escalation risks with various actors, outweighs any rewards. Neither the sanctions nor the occupation of eastern Syria serves U.S. security interests. The former does no good, and the latter risks embroiling the United States in a mission without an end date. The United States should withdraw its remaining forces and offload what is left of the counter-ISIS mission to local actors. The United States should also reduce if not end its failing sanctions regime.
Topic:
Foreign Policy, Sanctions, Armed Forces, Islamic State, Syrian War, and Bashar al-Assad
Political Geography:
Middle East, Syria, North America, and United States of America

10. No Winners in This Game: Assessing the U.S. Playbook for Sanctioning China

Author:
Emily Kilcrease
Publication Date:
12-2023
Content Type:
Special Report
Institution:
Center for a New American Security (CNAS)
Abstract:
The relationship between the United States and the People’s Republic of China (PRC) is marked by both geopolitical tensions and deep economic linkages. While policymakers may have once believed that economic integration would inject stability into the overall relationship and provide a deterrent to conflict, that idealistic vision has been shaken by Russia’s brutal invasion of Ukraine. No longer can the United States and its partners assume that the PRC’s economic interest in retaining ties to the global economy will override its nationalist impulses. The once unthinkable idea of imposing severe sanctions on China has become a strategic imperative to consider, as one of a range of measures that the United States and its partners may consider if relations with the PRC deteriorate further. Yet, sanctioning China represents a challenge more complex than any other in the modern era of sanctions. The scale and interconnected nature of China’s economy means that the damage from sanctions will not be contained in China; instead, the negative effects will rebound globally through China’s deep economic ties to nearly every country around the world, including the United States. China has substantial capacity in key economic areas, such as manufacturing, that provide it with important means to retaliate against U.S. sanctions or impose its own economic costs on the United States and its partners. This report seeks to advance policy debates on how to sanction China, if geopolitical conditions warranted doing so at scale. It builds on prior Center for a New American Security (CNAS) research, including a 2023 report that outlines how the United States currently uses a variety of sanctions tools to manage the strategic relationship with the PRC.1 A key finding of the earlier work is that the United States imposes sanctions at a relatively limited scale compared to the scope of challenges that exist in the bilateral relationship, with the notable exception of an increasing range of technology-related sanctions. A large divide separates the existing level of sanctions on China and the full range of economic measures that the United States may consider. This report attempts to envision that fuller range of economic measures and consider whether the use of sanctions would meaningfully advance U.S. interests during a potential conflict. The report begins, in chapter 1, with an assessment of the main economic and political characteristics that would determine China’s vulnerability to, and resolve to withstand, sanctions pressure. The concentration of power at the very top of the PRC’s political system, along with a willingness to subordinate economic objectives to political ones, indicate that China may have a high degree of resolve to absorb the costs of sanctions. China’s continued reliance on the U.S.-dominated global financial infrastructure is a key area of vulnerability to sanctions pressure. But, China retains significant economic leverage through its manufacturing relationships, as well as through the importance of its large domestic market to foreign multinational companies. Attempting to impose sanctions that are asymmetrically more painful to China will be a fraught exercise, given the degree to which China is embedded in global supply chains. In chapter 2, the report examines sanctions actions that the United States and its partners may impose during a conflict scenario, drawing from the sanctions playbook used against Russia and projecting adaptations that would be needed in the China context. The main objective of this analysis is to identify points of asymmetric leverage in the U.S.-China economic relationship, where imposition of a sanction would be more economically damaging to China than to the United States and its partners. The sanctions actions are examined through the lens of a ends-ways-and-means framework, loosely borrowing concepts from the defense community and mapping them into the economic domain. The value in such an exercise is to impose discipline in identifying why a particular economic measure may be taken and what the intended impact would be. It can also enhance the ability to integrate economic actions with those being considered in military or other domains. The report examines possible actions under three broad categories, based on the objective of the sanctions: technology denial, embargo of commodities and materials, and macroeconomic pressure. The research includes analysis by the CNAS Energy, Economic & Security team of economic data and research interviews with a wide range of sanctions, export controls, macroeconomics, trade and finance, and China experts in the United States, Europe, and Asia. In addition to examining potential sanctions options on a sectoral basis, the report also includes a company-by-company lens to assess the potential impact of sanctioning specific Chinese companies. The report finds that the U.S. options to impose harsh sanctions on China are severely constrained. U.S. options to deny militarily relevant technology to China are modest, at best. Certain areas, such as maritime capabilities, will be difficult to target due to the nearly entirely domestic supply chains of China’s main military shipbuilders. Other areas, such as semiconductors, cannot be targeted without running the risk of disruption to critical U.S. supply chains. Overall, efforts to deny technology to China require a longer time horizon to be effective and may have less utility in an immediate run-up period to a potential conflict. Attempts to use sanctions tools to deny commodities or materials to China will require innovation and the development of new sanctions tools. Key commodities, such as energy, are inherently substitutable and globally available, including from many countries that will likely not align with the United States in a conflict with the PRC. Building on the example of the oil price cap used in the Russia context, the United States and partners will need to consider novel policy approaches that provide positive economic inducements to align with U.S. policies, in addition to using traditional sanctions tools.
Topic:
Security, Defense Policy, Sanctions, and Geopolitics
Political Geography:
China, Asia, North America, and United States of America