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Begin New Search Topic Sanctions Author Richard Nephew

1. 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
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

2. 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
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

3. 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
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