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If You Don’t Think the FBI is Busy, N Korea Investigation

Frankly, $11 million is not much considering what North Korea and the Kim regime are doing in the illicit activity realm.
Meanwhile Kim issued yet another threat to President Trump:

FNC: President Trump is pictured looking out over a Guam graveyard cluttered with crosses in a photoshopped image from the newest propaganda film — and grim warning — from North Korea.

The regime followed the video with a statement posted through its KCNA news agency, saying Trump “spouted rubbish” and frequently tweeted about “weird articles of his ego-driven thoughts” and attacking South Korea’s “puppy-like” Defense Minister Song Young-moo for “pinning hope on that mad guy.”

But the picture of a graveyard believed to be in Guam may be the most rattling in the video, given dictator Kim Jong Un’s repeated threats to strike the U.S. territory with a missile. The video also features Vice President Pence engulfed in flames. More here.

FOR IMMEDIATE RELEASE
Tuesday, August 22, 2017

United States Files Complaints to Forfeit More Than $11 Million From Companies That Allegely Laundered Funds To Benefit Sanctioned North Korean Entities

            WASHINGTON – The United States filed two complaints today seeking imposition of a civil money laundering penalty and to civilly forfeit more than $11 million from companies that allegedly acted as financial facilitators for North Korea, announced U.S. Attorney Channing D. Phillips, Michael DeLeon, Special Agent in Charge of the FBI’s Phoenix Field Office, and Michael J. Anderson, Special Agent in Charge of the FBI’s Chicago Field Office.

 

The actions, filed in the U.S. District Court for the District of Columbia, represent two of the largest seizures of North Korean funds by the Department of Justice. One complaint seeks $6,999,925 associated with Velmur Management Pte Ltd., a Singapore-based company. The other seeks $4,083,935 from Dandong Chengtai Trading Co. Ltd., also known as Dandong Zhicheng Metallic Material Co., Ltd., a company in Dandong, China.

 

The lawsuits follow a similar complaint, filed in June 2017, seeking more than $1.9 million from Mingzheng International Trading Limited, a company based in Shenyang, China.

 

The complaints allege that the companies have participated in schemes to launder U.S. dollars on behalf of sanctioned North Korean entities. According to the complaints, the companies participated in financial transactions in violation of the International Emergency Economic Powers Act (IEEPA), the North Korean Sanctions and Policy Enhancement Act of 2016, and federal conspiracy and money laundering statutes. Today’s complaints are the first filed actions based on the 2016 North Korean Sanctions and Policy Enhancement Act.

 

“These complaints show our determination to stop North Korean sanctioned banks and their foreign financial facilitators from aiding North Korea in illegally accessing the United States financial system to obtain goods and services in the global market place,” said U.S. Attorney Phillips. “According to the complaints, these front companies are supporting sanctioned North Korean entities, including North Korean military and North Korean weapons programs. Working with our law enforcement partners, we will vigorously enforce vital sanctions laws.”

 

“The complaints allege that these companies are assisting North Korea in evading sanctions, which is in direct conflict with our national security interests,” said Special Agent in Charge DeLeon, of the FBI’s Phoenix Field Division. “We will continue to use the necessary resources to expose these types of actions and investigate those who utilize the U.S. banking systems for illegal activities.”

 

**

 

U.S. v. Velmur Management Pte., Ltd. (Velmur) and Transatlantic Partners Pte. Ltd. (Transatlantic)

 

This complaint alleges that Velmur and Transatlantic Partners Pte. Ltd. (Transatlantic) laundered United States dollars on behalf of sanctioned North Korean banks that were seeking to procure petroleum products from JSC Independent Petroleum Company (IPC), a designated entity. The complaint also seeks a civil monetary penalty against Velmur and Transatlantic for prior sanctions and money laundering violations related to this scheme.

 

According to the complaint, designated North Korean banks use front companies, including Transatlantic, to make U.S. dollar payments to Velmur. The complaint relates to funds that were transferred through four different companies and remitted to Velmur to wire funds to JSC Independent Petroleum Company (IPC), a Russian petroleum products supplier. On June 1, 2017, the Department of the Treasury’s Office of Foreign Asset Controls (OFAC) designated IPC. The designation noted that IPC had a contract to provide oil to North Korea and reportedly shipped over $1 million worth of petroleum products to North Korea.

 

The United Nations Panel of Experts reported in 2017 on the methods used by North Korean banks to evade sanctions and continue to access the international banking system. Specifically, despite strengthened financial sanctions, North Korean networks are adapting by using greater ingenuity in accessing formal banking channels. This includes maintaining correspondent bank accounts and representative offices abroad which are staffed by foreign nationals making use of front companies. These broad interwoven networks allow the North Korean banks to conduct illicit procurement and banking activity.

 

An FBI investigation revealed that Velmur’s and Transatlantic’s activities mirror this money laundering paradigm. Specifically, companies identified in the complaint and Transatlantic act as front companies for designated North Korean banks.

 

The government is seeking to forfeit $6,999,925 that was wired to Velmur in May 2017. The U.S. dollar payments, which cleared through the U.S., are alleged to violate U.S. law, because the entities were surreptitiously making them on behalf of the designated North Korean Banks, whose designation precluded such U.S. dollar transactions. The government also is seeking imposition of a monetary penalty commensurate with the millions of dollars allegedly laundered by Velmur and Transatlantic.

 

**

 

U.S. v. Dandong Chengtai Trading Co., Ltd. (Dandong Chengtai), also known as Dandong Zhicheng Metallic Material Co., Ltd.

 

This complaint alleges that Dandong Chengtai and associated front companies controlled by Chi Yupeng, a Chinese national, comprise one of the largest financial facilitators for North Korea. According to the complaint, Dandong Chengtai conspired to evade U.S. economic sanctions by facilitating prohibited U.S. dollar transactions through the United States on behalf of the North Korean Workers’ Party, a sanctioned entity.

 

The complaint further alleges that the North Korean government relies on exports of coal as its primary means of obtaining access to foreign currency, and that the North Korean military controls the amount of coal produced and its subsequent export. The North Korean government uses proceeds of coal sales to fund its weapons of mass destruction program and missile programs. Coal generates more than $1 billion in revenue per year for North Korea. The investigation revealed that Dandong Chengtai is one of the largest importers of North Korean coal in China, and has continued to engage in illicit U.S. dollar transactions related to its coal sales to benefit North Korea.

 

The complaint alleges that Dandong Chengtai facilitated wire transfers denominated in U.S. dollars for purchases of goods that are well outside the scope of a mineral trading company. Financial records reveal that purchases of bulk commodities such as sugar, rubber, petroleum products, and soybean oil, among others, were in fact destined for North Korea.

 

As reported in findings by the Treasury Department and the United Nations Panel of Experts, North Korean financial facilitators frequently establish and maintain offshore U.S. dollar accounts for the purposes of remitting wire transfers denominated in U.S. dollars on behalf of sanctioned North Korean entities. These broad interwoven networks allow sanctioned North Korean entities to conduct illicit procurement and banking activity.

 

The government is seeking to forfeit $4,083,935 that Dandong Chengtai wired on June 21, 2017 to Maison Trading, using their Chinese bank accounts. The investigation revealed that Maison Trading is a front company operated by a Dandong Chengtai employee. These U.S. dollar payments, which cleared through the United States, are alleged to violate U.S. law, because the recent North Korean sanctions law specifically barred U.S. dollar transactions involving North Korean coal and the proceeds of these transactions were for the benefit of the North Korea Worker’s Party, whose designation precluded such U.S. dollar transactions.

 

This case relates to a previously unsealed opinion from Chief Judge Beryl A. Howell of the U.S. District Court for the District of Columbia, which found that probable cause existed to seize funds belonging to Dandong Chengtai.

 

**

 

The claims made in the complaints are only allegations and do not constitute a determination of liability.

 

The FBI’s Phoenix Field Office is investigating the case involving Velmur Management Pte Ltd. and Transatlantic Partners Pte., Ltd. The FBI’s Chicago Field Office is investigating the case involving Dandong Chengtai Trading Co. Ltd. Both investigations are being supported by the FBI Counterproliferation Center.

 

            Assistant U.S Attorneys Arvind K. Lal, Zia M. Faruqui, Christopher B. Brown, Deborah Curtis, Ari Redbord, and Brian P. Hudak, all of the U.S. Attorney’s Office for the District of Columbia, are prosecuting both cases. Paralegal Specialist Toni Anne Donato and Legal Assistant Jessica McCormick are providing assistance.

N. Korea’s Chemical Weapons to Syria Intercepted

Under Barack Obama, an Executive Order was signed in 2015, adding sanctions to entities in North Korea. One such sanction was on KOMID:

Korea Mining Development Trading Corporation (KOMID): KOMID is North Korea’s primary arms dealer and main exporter of goods and equipment related to ballistic missiles and conventional weapons.  KOMID, a North Korean state-owned entity, was previously listed in the annex to E.O. 13382 on July 1, 2005 for its role in North Korea’s proliferation of weapons of mass destruction.  It was also sanctioned by the United Nations in April 2009.  KOMID has offices in multiple countries around the world and facilitates weapons sales for the North Korean government.(Note this does specifically not mention chemical weapons but rather weapons of mass destruction)

Further there is Burma: the head of Burma’s Directorate of Defense Industries (DDI), Thein Htay, remains on the SDN list for arms deals with North Korea–presumably through KOMID which facilitates arms sales for North Korea. Several companies in Burma also are sanctioned for facilitating the import of materials to DDI from North Korea.

Additionally, KOMID is complicit with evidence here: Reportedly has assisted Syria in producing weapons, including reverse-engineered versions of the Kornet anti-tank guided missile originally supplied to Syria by Russia; in 2009, reportedly sought to procure equipment for transporter erector launchers (TELs) for Scud missiles intended for a ballistic missile project in Yemen; in 2008, reportedly sought, in cooperation with China-based New East International Trading Ltd., to transfer three Japanese-origin cylindrical grinding machines to Burma using false end-use statements; in 1999, reportedly supplied 12 missile engines to Iran. More here.

photo

Now the United Nations has this additional report:

UNITED NATIONS (Reuters) – Two North Korean shipments to a Syrian government agency responsible for the country’s chemical weapons program were intercepted in the past six months, according to a confidential United Nations report on North Korea sanctions violations.

The report by a panel of independent U.N. experts, which was submitted to the U.N. Security Council earlier this month and seen by Reuters on Monday, gave no details on when or where the interdictions occurred or what the shipments contained.

“The panel is investigating reported prohibited chemical, ballistic missile and conventional arms cooperation between Syria and the DPRK (North Korea),” the experts wrote in the 37-page report.

“Two member states interdicted shipments destined for Syria. Another Member state informed the panel that it had reasons to believe that the goods were part of a KOMID contract with Syria,” according to the report.

KOMID is the Korea Mining Development Trading Corporation. It was blacklisted by the Security Council in 2009 and described as Pyongyang’s key arms dealer and exporter of equipment related to ballistic missiles and conventional weapons. In March 2016 the council also blacklisted two KOMID representatives in Syria.

“The consignees were Syrian entities designated by the European Union and the United States as front companies for Syria’s Scientific Studies and Research Centre (SSRC), a Syrian entity identified by the Panel as cooperating with KOMID in previous prohibited item transfers,” the U.N. experts wrote.

SSRC has overseen the country’s chemical weapons program since the 1970s.

The U.N. experts said activities between Syria and North Korea they were investigating included cooperation on Syrian Scud missile programs and maintenance and repair of Syrian surface-to-air missiles air defense systems.

The North Korean and Syrian missions to the United Nations did not immediately respond to a request for comment.

The experts said they were also investigating the use of the VX nerve agent in Malaysia to kill the estranged half-brother of North Korea’s leader Kim Jong Un in February.

North Korea has been under U.N. sanctions since 2006 over its ballistic missile and nuclear programs and the Security Council has ratcheted up the measures in response to five nuclear weapons tests and four long-range missile launches.

Syria agreed to destroy its chemical weapons in 2013 under a deal brokered by Russia and the United States. However, diplomats and weapons inspectors suspect Syria may have secretly maintained or developed a new chemical weapons capability.

During the country’s more than six-year long civil war the Organisation for the Prohibition of Chemical Weapons has said the banned nerve agent sarin has been used at least twice, while the use of chlorine as a weapon has been widespread. The Syrian government has repeatedly denied using chemical weapons.

Trump Makes Official a Cyber Command

In a statement, Trump said the unit would be ranked at the level of Unified Combatant Command focused on cyberspace operations. Cyber Command’s elevation reflects a push to strengthen U.S. capabilities to interfere with the military programs of adversaries such as North Korea’s nuclear and missile development and Islamic State’s ability to recruit, inspire and direct attacks, three U.S. intelligence officials said this month, speaking on the condition of anonymity. The Pentagon did not specify how long the elevation process would take.

Current and former officials said a leading candidate to head U.S. Cyber Command was Army Lt. Gen. William Mayville, currently director of the Pentagon’s Joint Staff. More here.

There has not only been resistance to this, but it appears one or more agencies are launching their own cyber departments.

The State Department quietly established a new office earlier this year within its Diplomatic Security Service to safeguard against and respond to cybersecurity threats.

The State Department officially launched the new office, called the Cyber and Technology Security (CTS) directorate, on May 28, a department official confirmed. The establishment of the directorate was first reported by Federal News Radio last week.

However:

 

At the direction of the president, the Defense Department today initiated the process to elevate U.S. Cyber Command to a unified combatant command.

“This new unified combatant command will strengthen our cyberspace operations and create more opportunities to improve our nation’s defense,” President Donald J. Trump said in a written statement.

The elevation of the command demonstrates the increased U.S. resolve against cyberspace threats and will help reassure allies and partners and deter adversaries, the statement said.  The elevation also will help to streamline command and control of time-sensitive cyberspace operations by consolidating them under a single commander with authorities commensurate with the importance of those operations and will ensure that critical cyberspace operations are adequately funded, the statement said.

Defense Secretary Jim Mattis is examining the possibility of separating U.S. Cyber Command from the National Security Agency, and is to announce his recommendations at a later date.

Growing Mission

The decision to elevate U.S. Cyber Command is consistent with Mattis’ recommendation and the requirements of the fiscal year 2017 National Defense Authorization Act, Kenneth P. Rapuano, assistant secretary of defense for homeland defense and global security, told reporters at the Pentagon today.

“The decision is a welcome and necessary one that ensures that the nation is best positioned to address the increasing threats in cyberspace,” he added.

Cybercom’s elevation from its previous subunified command status demonstrates the growing centrality of cyberspace to U.S. national security, Rapuano said, adding that the move signals the U.S. resolve to “embrace the changing nature of warfare and maintain U.S. military superiority across all domains and phases of conflict.”

Cybercom was established in 2009 in response to a clear need to match and exceed enemies seeking to use the cyber realm to attack the United States and its allies. The command is based at Fort George G. Meade, Maryland, with the National Security Agency. Navy Adm. Michael S. Rogers is the commander of U.S. Cyber Command and the National Security Agency director. The president has directed Mattis to recommend a commander for U.S. Cyber Command, and Rogers for now remains in the dual-hatted role, Rapuano said.

More Strategic Role

Since its establishment, Cybercom has grown significantly, consistent with DoD’s cyber strategy and reflective of major increases in investments in capabilities and infrastructure, Rapuano said. The command reached full operational capability Oct. 31, 2010, but it is still growing and evolving. The command is concentrating on building its Cyber Mission Force, which should be complete by the end of fiscal year 2018, he said.

The force is expected to consist of almost 6,200 personnel organized into 133 teams. All of the teams have already reached initial operational capability, and many are actively conducting operations. The force incorporates reserve component personnel and leverages key cyber talent from the civilian sector.

“This decision means that Cyber Command will play an even more strategic role in synchronizing cyber forces and training,  conducting and coordinating military cyberspace operations, and advocating for and prioritizing cyber investments within the department,”  Rapuano said.

Cybercom already has been performing many responsibilities of a unified combatant command. The elevation also raises the stature of the commander of Cyber Command to a peer level with the other unified combatant command commanders, allowing the Cybercom commander to report directly to the secretary of defense, Rapuano pointed out.

The new command will be the central point of contact for resources for the department’s operations in the cyber domain and will serve to synchronize cyber forces under a single manager. The commander will also ensure U.S. forces will be interoperable.

“This decision is a significant step in the department’s continued efforts to build its cyber capabilities, enabling Cyber Command to provide real, meaningful capabilities as a command on par with the other geographic and functional combat commands,” Rapuano said.

CIA Did not Get it Wrong on DPRK Nukes, Policymakers Did

CIA Director Mike Pompeo said on Fox News Sunday with Chris Wallace that the CIA provided accurate intelligence on the DPRK nuclear program and policymakers too, were well aware even before Pompeo took over the agency.

When you look closely enough you will find serial numbers belonging to Pakistan, China and Russia…

Related reading and the graphs: Where did Iran get its military arms over the last 70 years?

Related reading: The Audacity Of Silence On Possible Iran-North Korea Nuclear Ties

Looking back and open source information is that statement accurate? When investigative media does the job of investigating and informs, Pompeo is correct. Furthermore, Iran was and is part of all the variables such that Barack, Hillary and John overlooked it all. How so? That pesky JPOA. Then cultivating the original Wikileaks cables, there was more….

  NKNews

In the shank of the Obama administration, 2011 please note the following:

http://www.trust.org/alertnet/news/analysis-west-fears-possible-iran-north-korea-nuclear-links/

17 Sep 2011 22:26

Source: reuters // Reuters

By Fredrik Dahl

VIENNA, Sept 18 (Reuters) – It is one of the West’s biggest nuclear
proliferation nightmares — that increasingly isolated Iran and North
Korea might covertly trade know-how, material or technology that could be
put to developing atomic bombs.

“Such a relationship would be logical and beneficial to both North Korea
and Iran,” said Mark Hibbs, an expert of the Carnegie Endowment for
International Peace.

Last year, a U.N. report suggested that impoverished, reclusive North
Korea might have supplied Iran as well as Syria and Myanmar with banned
atomic technology.

In what could be a sign of this, a German newspaper last month reported
that North Korea had provided Iran with a computer programme as part of
intensified cooperation that could help the Islamic state build nuclear
weapons.

“There are reports and rumours, which governments and the IAEA (the U.N.
International Atomic Energy Agency) have not denied, indicating that there
may be a track record of bilateral nuclear cooperation between North Korea
and Iran,” Hibbs said.

But while this could make sense for two states facing tightening sanctions
— and potentially earn Pyongyang some badly needed funds — the extent
and nature of any such dealings, if they take place at all, remain
shrouded in mystery.
“It seems to be very difficult to sort out what the relationship in the
nuclear world between DPRK (North Korea) and Iran is. We just simply do
not know,” prominent U.S. nuclear scientist Siegfried Hecker said.

This was in contrast to missile cooperation between the two countries,
where North Korea has helped Iran both with the weapons and in building
related factories, he said.

Hecker, who has often visited the east Asian state, said possible
Tehran-Pyongyang atomic technology transfers would be a major concern for
everyone dedicated to preventing the proliferation of nuclear weapons.

Iran’s nuclear programme is based on uranium enrichment, activity which
can have both civilian and military purposes.

North Korea has twice tested plutonium-based nuclear devices, drawing
international condemnation, although it last year revealed the existence
also of a uranium enrichment site, potentially giving it a second pathway
to bombs.
“They complement each other so well (in terms of their expertise). There
is just a lot of synergy in how they would be able to exchange
capabilities,” Hecker said at a seminar for diplomats in Vienna, the
IAEA’s headquarters, this month.
Citing Western intelligence sources, the Munich newspaper Sueddeutsche
Zeitung said in August that North Korea had this year delivered software,
originally developed in the United States, that could simulate neutron
flows.

Such calculations, which can help scientists identify self-sustaining
chain reactions, are vital in the construction of reactors and also in the
development of nuclear explosives.

With the help of the programme, Iran could gain important knowledge of how
to assemble nuclear weapons, the paper said.

WESTERN INTELLIGENCE HUNT

There has been no public confirmation or denial of the report in the West.
But Hecker did not rule it out, saying Pyongyang had demonstrated
experience in this field.

He said North Korea must have some “nuclear code capabilities” which they
would have been able to assess in comparison with the result of an atomic
test.
“So to some extent they have had an opportunity to verify or check their
codes,” Hecker said. “Iran has not had a chance to do that. So exchanging
that type of information … you could see as being very useful.”

North Korea tested nuclear devices in 2006 and 2009, but still has not
shown it has a working nuclear bomb.

Proliferation experts have said the country has enough fissile material
for up to 10 nuclear weapons. But they don’t believe Pyongyang is yet
capable of miniaturising the material to fit into the cone of a missile.

While North Korea has made no secret of its nuclear weapons ambitions,
Iran denies Western allegations that it is covertly seeking to develop an
atomic arms capability.

The Islamic Republic says its nuclear programme is for purposes of
electricity generation, but its refusal to halt uranium enrichment and its
stonewalling of a U.N. nuclear watchdog probe have stoked suspicions
abroad.

The Vienna-based U.N. nuclear watchdog said this month in a report that it
was “increasingly concerned” about possible work in Iran to develop a
nuclear missile.

For several years, the IAEA has been investigating Western intelligence
reports indicating Iran has coordinated efforts to process uranium, test
high explosives and revamp a ballistic missile cone to accommodate a
nuclear warhead.

Iran says the allegations are baseless and forged.

In a separate report on North Korea, from which its inspectors were
expelled in 2009, the IAEA suggested past nuclear-related ties with Syria
and Libya, but it made no mention of Iran.
Proliferation expert Mark Fitzpatrick said it would not be hard for Tehran
and Pyongyang to put “well-practised trade deals and transfer routes” from
their ballistic missile cooperation to use also in the nuclear field.
Still, there were few signs of any nuclear cooperation between the two
countries.

“It is not for lack of looking. Western intelligence agencies are
intensively targeting nuclear acquisition efforts by Iran and North
Korea,” Fitzpatrick, a former senior U.S. State Department official, said.

“Yet finding nuclear weapons-related trade is akin to the proverbial
needle in a haystack. In the vastness of ocean and sky routes, most forms
of nuclear-related cargo are so minute as to be almost undetectable.”

Hibbs said any nuclear dealings with North Korea would pose risks for
Iran: “Were this traffic to be confirmed, that would deepen the suspicion
that Iran is involved in nuclear activities which are clandestine and
military in nature.”

***

What about China selling weapons to Iran and operating groups being still worried about non-proliferation by North North Korea? Lots of chatter of that and left unresolved:

5. (S) Noting a decrease in the sales of Chinese conventional weapons to Iran, DASD Sedney expressed appreciation for China’s efforts to limit conventional arms sales to Iran. Sedney emphasized that Iran’s spreading of conventional BEIJING 00000058 002 OF 003 weapons to Iraq, Afghanistan, and Lebanon poses the serious problem of Chinese weapons killing U.S. soldiers. Sedney expressed concern about Iran’s nuclear program. More on that cable here, of note is the distribution list.

 

***

So under Obama it seems we left the A.Q. Khan sanctions to the Export Import Bank and the IAEA: From Secretary of State to the United Nations/Vienna by method deliver of a telegram and SIPDIS

DE RUEHC #2552 0092353 ZNY SSSSS ZZH O 092336Z JAN 09 FM SECSTATE WASHDC TO USMISSION UNVIE VIENNA IMMEDIATE 0000

4. (SECRET/rel IAEA) — I wanted to inform you of a legal process that has concluded in the U.S. — U.S. nonproliferation law requires that sanctions be imposed in certain circumstances; the activities of Dr. Khan and some of his associates fall under the requirements of this law. — The U.S. has decided to impose sanctions on individuals and companies listed in a media note that was released on January 12. — This is a very complex case that involved a large volume of information and many people and companies across the globe. — The U.S. sanctions laws and executive orders involved include the Nuclear Proliferation Prevention Act (NPPA), the Export Import Bank Act (EXIM), and Executive Orders (E.O.) 12938 and 13382. — This legal non-paper describes in more detail the specific sanctions and penalties involved. — The U.S. decision was announced on January 12 and will soon be printed in the Federal Register. — This U.S. decision is not directed at any country. In fact, as we highlight in our public statement, many countries contributed to international efforts to shut down and investigate the network. — The sanctions decision reflects the diverse and global nature of the network. — No sanctions were imposed on governments. — As IAEA knows, the actions of the A.Q. Khan network have irrevocably changed the proliferation landscape and will have lasting implications for international security. — These sanctions will help prevent and deter future proliferation-related activities and provide a warning to other would-be proliferators. — It is imperative that all countries remain vigilant in order to ensure that Khan network associates or others seeking to pursue similar proliferation activities will not become a future source for sensitive nuclear information or equipment. — If Asked: Will there be any additional sanctions on these individuals? We don,t foresee, at this time, the imposition of additional sanctions related to these activities. — If Asked: Will you share your findings with us? We can not share details of the sanction decision but don,t believe the information we have would contribute to a different understanding of the activities than you already have. End suggested talking points. ————– LEGAL NONPAPER ————– 5. (U) Begin non-paper: Nuclear Proliferation Prevention Act (NPPA) The NPPA provides for the mandatory imposition of a ban on U.S. procurement from any person who, on or after June 30, 1994, knowingly and materially contributes, through the export of nuclear-related goods or technology, to the efforts of any individual, group, or non-nuclear weapon state to acquire a nuclear explosive device or unsafeguarded special nuclear material. Once imposed, the sanction shall apply for a period of at least 12 months, but can thereafter be terminated if reliable information indicates that (1) the sanctioned person has ceased to aid or abet any individual, group, or non-nuclear-weapon state in its efforts to acquire unsafeguarded special nuclear material or any nuclear explosive device, and (2) the United States has received reliable assurances from the sanctioned person that such person will not, in the future, aid or abet any individual, group, or non-nuclear-weapon state in its efforts to acquire unsafeguarded special nuclear material or any nuclear explosive device. Export Import Bank Act (EXIM) The EXIM provides for the mandatory imposition of a ban on the Export-Import Bank,s guaranteeing, insuring, or extending credit, or participating in the extension of credit in support of United States exports to any person who, after September 23, 1996, knowingly aids or abets a non-nuclear weapon state to acquire a nuclear explosive device or unsafeguarded material. This sanction can be terminated if the U.S. determines and certifies in writing to the Congress that reliable information indicates that the sanctioned person has ceased to aid or abet any non-nuclear weapon state to acquire any nuclear explosive device or acquire un-safeguarded special nuclear material; and steps have been taken to ensure that the sanctionable activities will not resume. The sanction may also be terminated if the appropriate government has taken certain corrective actions. Executive Orders 12938 and 13382 These Executive Orders (E.O.) provide the authority to impose measures against a foreign person that has engaged or attempted to engage in activities or transactions that have materially contributed to, or pose a risk of materially contributing to, the proliferation of weapons of mass destruction (WMD) or their means of delivery. The sanctions under E.O. 12938 include: a ban on USG departments, and agencies, procurement from, or entering into contracts for procurement with, the sanctioned person or entity; a ban on providing any USG assistance to, and any participation in USG assistance programs by, the sanctioned person or entity; and a ban on the importation into the U.S. of goods, technology or services procured or provided by the sanctioned person or entity. The E.O. 12938 sanctions may be terminated if there is reliable evidence that the foreign person has ceased the activities that led to the imposition of sanctions. The sanction under E.O. 13382 is that all property and interests in property of the designated entity, that are in the U.S. or subject to the jurisdiction of the U.S. (i.e., U.S. persons anywhere) are blocked and may not be transferred, paid, exported, withdrawn, or otherwise dealt in. Sanctions under E.O. 13382 may be lifted when circumstances no longer warrant their imposition. End non-paper. ———- MEDIA NOTE ———— 6. (U) Post can draw from the following Media Note after 0900 EST January 12. Begin Media Note: For Immediate Release January 12, 2009 Designation of A.Q. Khan and Associates for Nuclear Proliferation Activities Today, the Department of State announced that sanctions will be imposed on 13 individuals and three private companies for their involvement in the A.Q. Khan nuclear proliferation network. This announcement comes after a multi-year U.S. government review of the available information pertaining to the activities of this network. We believe these sanctions will help prevent future proliferation-related activities by these private entities, provide a warning to other would-be proliferators, and demonstrate our ongoing commitment to using all available tools to address proliferation-related activities. Dr. A.Q. Khan led an extensive international network for the proliferation of nuclear equipment and know-how that provided &one stop shopping8 for countries seeking to develop nuclear weapons. He and his associates provided Iran and Libya with centrifuge components, designs, and, in some cases, complete centrifuges. The United States also believes that Khan and his associates provided centrifuge designs, equipment, and technology to North Korea. Dr. Khan also provided Libya with nuclear weapon designs. With the assistance of Khan,s network, countries could leapfrog the slow, incremental stages of other nuclear weapons development programs. In 2004, following Libya,s welcome decision to renounce its nuclear program, the United States removed from Libya items it had received from the network. The network,s actions have irrevocably changed the proliferation landscape and have had lasting implications for international security. Governments around the world, including Pakistan, South Africa, Turkey, the United Kingdom, Germany, the United Arab Emirates, Switzerland, and Malaysia, worked closely with the United States to investigate and shut down the network. Governments have also joined together to put in place United Nations Security Council Resolution 1540 to criminalize proliferation and have worked cooperatively to establish the Proliferation Security Initiative (PSI) to enhance international tools to interdict and prevent trade in sensitive technologies. Many of Dr. Khan,s associates are either in custody, being prosecuted, or have been convicted of crimes. Dr. Khan publicly acknowledged his involvement in the network in 2004, although he later retracted those statements. While we believe the A.Q. Khan network is no longer operating, countries should remain vigilant to ensure that Khan network associates, or others seeking to pursue similar proliferation activities, will not become a future source for sensitive nuclear information or equipment. Sanctions have been imposed under the following statutes as follows: Nuclear Proliferation Prevention Act (NPPA): Selim Alguadis, Kursad Zafer Cire, Muhammad Nasim ud Din, EKA Elektronik Kontrol Aletleri Sanayi ve Ticaret A.S., ETI Elektroteknik Sanayi ve Ticaret A.S., Muhammad Farooq, Paul Griffin, Peter Griffin, Abdul Qadeer Khan, Shamsul Bahrin bin Rukiban, Buhary Seyed Abu Tahir, and Shah Hakim Shahnazim Zain Export-Import Bank Act (EXIM): Selim Alguadis, Kursad Zafer Cire, Muhammad Nasim ud Din, EKA Elektronik Kontrol Aletleri Sanayi ve Ticaret A.S., ETI Elektroteknik Sanayi ve Ticaret A.S., Muhammad Farooq, Daniel Geiges, Paul Griffin, Peter Griffin, Abdul Qadeer Khan, Gotthard Lerch, Shamsul Bahrin bin Rukiban, Buhary Seyed Abu Tahir, Gerhard Wisser, and Shah Hakim Shahnazim Zain Executive Order 12938: Selim Alguadis, Kursad Zafer Cire, Muhammad Nasim ud Din, EKA Elektronik Kontrol Aletleri Sanayi ve Ticaret A.S., ETI Elektroteknik Sanayi ve Ticaret A.S., Muhammad Farooq, Daniel Geiges, Paul Griffin, Peter Griffin, Abdul Qadeer Khan, Gotthard Lerch, Shamsul Bahrin bin Rukiban, Buhary Seyed Abu Tahir, Tradefin Engineering, Gerhard Wisser, and Shah Hakim Shahnazim Zain Executive Order 13382: Selim Alguadis, Kursad Zafer Cire, Muhammad Farooq, Daniel Geiges, Paul Griffin, Peter Griffin, Abdul Qadeer Khan, Gotthard Lerch, Buhary Seyed Abu Tahir, and Gerhard Wisser End media note. ————– Press Guidance —————– 7. (U) Post can draw from the ISN Press Guidance after 0900 EST January 12. Begin Press Guidance: ISN Contingency Press Guidance January 12, 2009 A.Q. Khan Network: Sanctions General Questions Q: What specifically did A.Q. Khan and his network transfer? What did these people do to trigger sanctions? These entities were sanctioned for engaging in nuclear-related proliferation activities as part of the international A.Q. Khan network. In particular, Dr. Khan and his associates in a number of countries provided Iran and Libya with centrifuge components, designs, and, in some cases, complete centrifuges. The United States also believes that Khan and his associates provided centrifuge designs, equipment, and technology to North Korea. Dr. Khan also provided Libya with nuclear weapon designs. These illicit transfers by the Khan network have been reported in the press for a number of years. I cannot comment on additional specific intelligence-related information. Today,s imposition of sanctions on private companies and individuals does not reflect recent proliferation activity by the network. Q: Why haven,t you sanctioned any countries? The authorities under which sanctions are being imposed do not target countries. Governments around the world, including Pakistan, South Africa, Turkey, the UK, Germany, Switzerland, the UAE, and Malaysia worked closely with the U.S. to investigate and shut down this international network. Q: Why has it taken four years to impose sanctions? This is a very complex case that involved a large volume of information and many people and companies across the globe. We have been working diligently for the past four years to assemble and properly evaluate the available information. Given the consequences of a sanctions decision, it is important that the information be thoroughly vetted and evaluated before a sanctions determination is made. Q: Why couldn,t you have sanctioned some entities earlier instead of waiting four years? Information continued to become available as other countries concluded their investigations or prosecutions and we believed in this case that it was important to sanction the group at one time. Q: Did you tell the affected governments prior to public announcement? Yes, governments were notified in advance that the United States intends to impose proliferation sanctions on these private companies and individuals. We applaud the actions that each of these countries took to shut down and investigate the network, and work cooperatively to implement new measures to prevent proliferation. Q: What sanctions authorities were used to impose penalties? There are two sanctions laws and two Executive Orders that provide the basis for the imposition of sanctions in this case. The sanctions laws are the Nuclear Proliferation Prevention Act (the &NPPA8) and the Export Import Bank Act (&EXIM8). The two Executive Orders are 12938 and 13382. Q: What do these authorities require? The NPPA provides for the mandatory imposition of a ban on U.S. procurement from any person who, on or after June 30, 1994, knowingly and materially contributes, through the export of nuclear-related goods or technology, to the efforts of any individual, group, or non-nuclear weapon state to acquire a nuclear explosive device or unsafeguarded special nuclear material. The EXIM provides for the mandatory imposition of a ban on the Export-Import Bank,s guaranteeing, insuring, or extending credit, or participating in the extension of credit in support of United States exports to any person who, after September 23, 1996, knowingly aids or abets a non-nuclear weapon state to acquire a nuclear explosive device or unsafeguarded material. The Executive Orders provide the authority to impose measures against a foreign person that has engaged or attempted to engage in activities or transactions that have materially contributed to, or pose a risk of materially contributing to, the proliferation of weapons of mass destruction (WMD) or their means of delivery, including any efforts to manufacture, acquire, possess, develop, transport, transfer, or use such items, by any person or foreign country of proliferation concern. Q: What penalties can be imposed pursuant to these sanctions authorities? These sanctions are not being applied to any governments, but to private companies and individuals. In brief, the NPPA provides for a ban on USG procurement from the sanctioned person. EXIM provides for a ban on Export Import Bank credit, guarantees, or insurance in support of U.S. exports to the sanctioned person. Executive Order 12938 provides for a ban on USG procurement or imports from the sanctioned entity as well as a ban on U.S. assistance to the sanctioned entity. Executive Order 13382 freezes the assets of a sanctioned entity that are under U.S. jurisdiction. Q: What impact, if any, will these sanctions have? These sanctions will help prevent and deter future proliferation-related activities and provide a warning to other would-be proliferators. Q: What can companies and individuals do to have sanctions rescinded? Each law treats this issue differently. I refer you to the statutes. Q: Is the A.Q. Khan network still active? If so, what are we doing about it? We do not believe that the network run by A.Q. Khan is still functioning. Most of the key people involved with the network have been put out of business, are in jail and/or facing prosecution. We remain concerned that individuals associated with the network, once they are released from jail or are no longer being closely monitored, could re-engage in proliferation on their own in the future. It is important that countries continue to monitor their behavior closely and put in place laws and enforcement mechanisms to prevent proliferation activities. Q: Do remnants of the network still exist? What are we doing about them? Saying the Khan network is no longer functioning does not mean that other proliferation-related networks and activity around the world has stopped. We know, for example, that Iran has utilized several different front and Iranian companies to purchase particular items of proliferation concern. Several of these entities and companies were identified in UN Security Council Resolutions 1737, 1747, and 1803 in connection with their involvement in the Iranian nuclear or missile programs. The U.S. has taken action against many of these entities, including designations under E.O. 13382. More information on E.O. 13382 designations can be found on the State Department,s website under nonproliferation sanctions as well as the Treasury,s Office of Foreign Asset Control,s website. Country Specific Questions Pakistan Q: Wasn,t the Government of Pakistan involved or at least knew what was going on? The government of Pakistan assured us it had nothing to do with the network and we have no information to refute this. We applaud the actions Pakistan took to shut down and investigate the network. In the years since the public revelation of the Khan network, the government of Pakistan also has taken a number of positive steps to improve its export controls and promote international nonproliferation. Q: Why haven,t we had direct access to Khan? We appreciate the cooperation the government of Pakistan has provided the IAEA and the United States. We believe that Pakistan took seriously its commitment to dismantle the network. Pakistan has assured us that it will not be a source of proliferation in the future. The United States does not need direct access to A.Q. Khan in order to obtain information about his dealings. Q: Reports indicate that Pakistan is easing restrictions on Khan ) What is your reaction to this? We appreciate Pakistan,s efforts in shutting down the proliferation network led by A.Q. Khan as well as the cooperation Pakistan has provided the United States and the IAEA to investigate the Khan network. We believe Dr. Khan is still a proliferation threat to the world and the proliferation support that he and his associates provided to several states of proliferation concern has had a harmful impact on international security and will for years to come. Q: Khan recently said he was forced to confess. If we haven,t had access to Khan then how do we know he was complicit? We have information from other sources indicating that Khan was complicit in nuclear-related transfers to several countries. Q: Any response to statements by Pakistan that it wants to put the A.Q. Khan issue to rest or that the U.S. has not passed questions on Khan,s activities for some time. The U.S. appreciates the cooperation Pakistan has provided the U.S. and IAEA. Such cooperation will continue to be important as we work toward a greater understanding of what the network provided to various countries. Q: Will there be any additional sanctions on these individuals? We don,t foresee, at this time, the imposition of additional sanctions related to these activities. Q: Why didn,t you sanction Khan Research Labs? I can,t comment on individual decisions. Q: What effect will these sanctions have on our relationship with Pakistan ) specifically, our counter-terrorism relationship? These sanctions are based on activities by individuals that occurred well in the past and have been public for many years. We appreciate Pakistan,s efforts in shutting down the Khan proliferation network as well as the cooperation Pakistan has provided the United States and the IAEA to investigate the activities of the Khan network. The United States has a close partnership with Pakistan on counter-terrorism, nonproliferation, and other issues. Q: Do you think these sanctions will have an effect on the India-Pakistan relationship? These sanctions are based on activities by individuals that occurred well in the past and have been public for many years. Questions about India and Pakistan,s relationship are best answered by those countries. Switzerland Q: Is it true that the U.S. asked Switzerland to destroy nuclear documents? We have no comment. Q: Why aren,t you sanctioning any of the Tinners? Is it because they were spies for the U.S.? We have no comment. Sanctions Decisions: Q: Didn,t the Khan network include many more people and companies than you sanctioned, including the Tinner family, Henk Slebos, and companies in the UAE. Why aren,t you sanctioning them? The decision to impose sanctions is based on a thorough review of all available information. While I cannot comment on individual decisions, I can note that we did not impose sanctions on companies that are no longer operating. Q: Why did you designate some people under E.O. 13382 but not others? The decision to impose sanctions is based on a thorough review of all available information. I can,t comment on individual sanction decisions. Q: Why did you sanction Lerch, Geiges, and Wisser under EXIM, but not under the NPPA? The decision to impose sanctions is based on a thorough review of all available information. I can,t comment on individual sanction decisions. Q: What about Libya, Iran and North Korea? They bought these items ) why haven,t we sanctioned them? These sanctions focus on individuals and companies associated with the Khan network. As such, the governments that acquired these items are not subject to sanction under the NPPA or the EXIM Bank Act. Iran and the DPRK are subject to a wide array of sanctions, including UNSCRs 1737, 1747, 1803, and 1718 respectively. In addition, sanctions were imposed on the DPRK under the Glenn Amendment of the Atomic Energy Act following its October 2006 nuclear test. In the case of Libya, once it made the strategic 2003 decision to dismantle its WMD program, it then cooperated with the USG to facilitate that process. Libya also provided information about the A.Q. Khan network’s activities in Libya. Q: Aren,t these kinds of sanctions really toothless with little impact? Sanctions help signal strong U.S. opposition to the activities of the A.Q. Khan network, expose publicly those involved, and serve as a deterrent to others that might consider pursuing similar activities. Sanctions imposed under Executive Order 13382 will allow the U.S. to seize assets held under U.S. jurisdiction and thereby help prevent future proliferation. Q: What about North Korea ) are sanctions in the works for their nuclear transfers to Syria? The DPRK is subject to a wide array of sanctions, including UNSCR 1718 and a number of other U.S. sanctions related to its transfers of items proliferation concern. Furthermore, in the Six-Party Talks, the DPRK has reaffirmed its commitment not to transfer nuclear materials, technology or know-how. Q: What have we learned about Khan,s efforts to assist Iran,s nuclear program? The IAEA has detailed in various reports that Iran has admitted to a relationship with the Khan network ) the same network that provided nuclear weapons designs to Libya ) from 1987 to 1999. This network provided Iran with P1 centrifuge designs, centrifuges, and components; P2 centrifuge designs; other very sensitive information; and technical advice including a &hemispheres document8. The &hemispheres document8 contains instructions for casting enriched uranium metal into hemispheres, which the IAEA,s January 2006 report noted are &related to the fabrication of nuclear weapons.8 Beginning with the November 2003 report, the IAEA Director General confirmed that for almost 20 years, Iran had been pursuing undeclared work in some of the most sensitive aspects of the nuclear fuel cycle, and had systematically hidden that work from the IAEA. Iran,s failure to cooperate sharply limits the IAEA,s ability to know more about the possible military dimensions of its nuclear program, and increases the international community,s concerns about Iran,s true intentions. Q: What have we learned about Khan,s efforts to assist North Korea,s nuclear program? Former Pakistani President Musharraf has previously acknowledged that Dr. A.Q. Khan and his international network provided sensitive centrifuge technology, including about two dozen centrifuges, to North Korea. Q: Were there other customer of Khan,s network? Questions remain as to whether there were other customers. End Press Guidance. —————— REPORTING DEADLINE —————— 8. (U) Please report within ten working days of receipt of this cable. Please use SIPDIS caption on all responses. —————- POINT OF CONTACT —————- 9. (U) Washington point of contact for follow-up information is Caroline Russell and Chris Herrington, ISN/CPI, 647-5035. RICE

 

The New York Channel to North Korea is in Play

His name is Joseph Yun, a U.S. diplomat at the United Nations, one that the North Korean regime has reached out to more than once. Most recently it was over the return of Otto Warmbier and his release.

Under the Obama administration, all talks were terminated where at the time Sweden was the communications envoy of record. With the transfer of power and government to Donald Trump, Pyongyang opened up the back channel via the United Nations to Joseph Yun, who has long diplomatic experience in the region.

While preparations are in place according to President Trump should Kim launch his 4 missiles toward Guam, Pentagon Chief Mattis declares the United States and allies are ready. That still leaves North Korea with nuclear weapons, a condition every expert is omitting in talking points. Secretary of State Tillerson says his work is to get North Korea to stop with the missile program, and that will not likely occur as it is a proxy operation of Iran.

The Kim regime is keeping his estimated 60 nuclear weapons for a bargaining tool and global legitimacy. That is the real problem. Many expert declare that North Korea always backs down in the end when they get food or sanctions relief but we are dealing with a new Kim that is far more unpredictable than his father.

So, what can the U.S. and allies do going forward? Shall we continue to rely on China? They are anything but a friend or a cooperative partner stating in local Chinese news that China will remain neutral should Kim strike first. Further, China declared that if the United States went to a preemptive posture, China would stop us.

China wants total ownership and power in the region and certainly when it comes to navigation, so any U.S. naval activity angers them.

The United States has other options and tools, where not one but a combination of all may also be deployed. That includes forcing a regime change, not always the best solution. Then there is the special forces deployment to covertly enter North Korea and work on a detonation of key command and control sites. Special operations has trained for this kind of operation for more than 20 years.

There is a cyber option, a tool that several experts declare have already been used that Kim’s missile miss targets or fail on re-entry.

Dealing with China to control North Korea is a fool’s errand as Russia and Iran are part of the total equation. There could still be wider consequences when the United States and allies prevail over North Korea on the missile side, again the nuclear inventory remains and is traded to other rogue nations such as Iran or Syria.

There are other allies included in the variables regarding North Korea. They include Australia, Japan and Britain, where Canada, Germany and France remain silent. Japan has just deployed a missile defense system in a defensive mode.

The media continues to declare that any military conflict will lead to millions dying. That is only true if North Korea is successful on a land based conflict hitting Seoul. The U.S. uses only precision guided munitions where collateral damage would not affect other regions of North Korea, hence millions would not escape across the Yalu river into China. China has a standing army at that border preventing such an event.

China and North Korea want the peninsula to be unified and under Chinese control which is much the case to the waterways in dispute along with the contested islands. China fears that the United States is working to unify the peninsula under S. Korean control, which has not been an objective.

In summary, while fear for days has been the media headlines, it cannot be fully dismissed, however, a near term conflict will be likely resolved, leaving North Korea with a viable nuclear weapons and missile program. The coordination between Iran and North Korea will continue in that same realm and Trump is left with the same festering issue of previous president.

Will there be a Chinese naval blockade if the United State and allies go for a preemptive strike? Perhaps that New York Channel to Pyongyang has the burden of finding out. Has someone sent an envoy to Tehran yet with these discussions? Nah….Russia meanwhile is keeping a keen eye on all of it.