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102-458: A reserve fleet may be colloquially referred to as a " ghost fleet ". In the 21st century, ghost fleet may also refer to an active shadow fleet of aged reserve fleet oil tankers returned to an active service in order to circumvent commodities sanctions. Such ships are held in reserve against a time when it may be necessary to call them back into service. They are usually tied up in backwater areas near naval bases or shipyards in order to speed

204-621: A business entity does not accrue unwanted fines, taxes, or other punitive measures. Common examples of embargo checks include referencing embargo lists, cancelling transactions, and ensuring the validity of a trade entity. This process can become very complicated, especially for countries with changing embargoes. Before better tools became available, many companies relied on spreadsheets and manual processes to keep track of compliance issues. Today, there are software based solutions that automatically handle sanctions and other complications with trade. The United States Embargo of 1807 involved

306-462: A global economic recession , large-scale conservation efforts, and long-lasting shifts toward natural gas , ethanol , nuclear and other alternative energy sources. Israel continued to receive Western support, however. In 2010, the European Union made the decision to sanction Iran due to their involvement in their nuclear program . Theresa Papademetriou states the exact restrictions

408-454: A central component in facilitating maritime sanctions evasion by offering a streamlined process for flag registration. Vessels registered under these flags frequently engage in deceptive shipping practices, including flag hopping, disabling vessel identification systems, and conducting ship-to-ship oil transfers, particularly involving aged tankers operating in sanctioned oil trades. Identifying open registries engaged in sanctions evasion poses

510-611: A challenge due to the clandestine nature of such activities. However, among the most prominent open registries possibly implicated in sanctions evasion are Panama , Liberia , and the Republic of the Marshall Islands . Panama, with its registry dating back to 1916, has grown substantially over the years, accounting for one of the largest share of ships worldwide. It has been implicated in sanction evasion schemes involving Russian, Iranian, and Venezuelan oil. Historically tied to

612-452: A complex layer, aimed at obscuring their activities or keeping plausible deniability. Though those techniques are well documented and are similar across actors, they create enforcement problems for authorities due to lack of coordination, cooperation, or resources and political will. Moreover, shadow fleets operate in legal grey zones , often on the high seas beyond jurisdiction of coastal states making arrests and seizures difficult. Since

714-445: A dataset covering the years 1991 to 2013, 95% of UNSC sanction regimes included "sectoral bans" on aviation and/or the import (or export) of arms or raw materials, 75% included "individual/group" sanctions such as asset freezes or restrictions on travel, and just 10% targeted national finances or included measures against central banks , sovereign wealth funds , or foreign investment. The most frequently used UNSC sanction documented in

816-406: A direct response to international or unilateral economic sanctions . The term therefore more broadly refers to practices of sanction busting in the maritime domain through the use of un-registered or fraudulent vessels. Goods commonly exported and imported include raw materials such as oil and iron, luxury goods, weapons and defense technologies etc. Shadow fleets use a wide range of techniques in

918-577: A flag of convenience, attracting sanctioned states with to lax regulation and quick registration processes. Concerns have been raised about its involvement in controversial maritime activities and facilitation of sanction evasion. Gabon is possibly rising as a new flagging option for Russia and Iran -linked tankers. A surge in vessels flying the Gabon flag has been reported following increased sanctions enforcement on Liberian and Marshall Islands flags. The evasion of sanctions through flags of convenience

1020-658: A form of coercion that attempts to get an actor to change its behavior through disruption in economic exchange. Sanctions can be intended to compel (an attempt to change an actor's behavior) or deterrence (an attempt to stop an actor from certain actions). Sanctions can target an entire country or they can be more narrowly targeted at individuals or groups; this latter form of sanctions are sometimes called "smart sanctions". Prominent forms of economic sanctions include trade barriers , asset freezes , travel bans , arms embargoes , and restrictions on financial transactions . The efficacy of sanctions in achieving intended goals

1122-1007: A hard one. Exchange offices can also technically serve as bank branches when a money transfer is carried out by one person paying in a certain amount of money in one office and another receiving the equivalent amount of money in a hard currency on the other end. Again, limited oversight is important for such operations. Bartering describes the practice of the direct exchange of goods. That way, exports can be reimbursed non-monetarily. These exchanges can theoretically include specifically requested goods, consumer products or goods of generally assumed value, like gold. Flags of convenience, also referred to as open registries, are maritime flags associated with countries that impose minimal to no nationality requirements on vessel owners and operators. These registries, predominantly managed by approximately forty states worldwide, are thought to prioritize profit over safety, environmental protection, and compliance with international regulations. Flags of convenience serve as

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1224-478: A higher chance of achieving political goals through economic coercion." Sanctions have been criticized on humanitarian grounds, as they negatively impact a nation's economy and can also cause collateral damage on ordinary citizens. Peksen implies that sanctions can degenerate human rights in the target country. Some policy analysts believe that imposing trade restrictions only serves to hurt ordinary people as opposed to government elites, and others have likened

1326-452: A multitude of factors. First, it leaves plausible deniability to companies involved, therefore encouraging reduced due diligence by private actors. Second, it exploits the flaws in the IMO registration process which does not require in-person verification of a new vessel identity. Third, it profits from the weak protection granted by AIS and MMSI numbering systems. Vessel identity laundering

1428-620: A nuclear test that the Democratic People's Republic of Korea (DPRK) conducted in violation of the Treaty on Non-Proliferation of Nuclear Weapons. The resolution banned the sale of military and luxury goods and froze government assets. Since then, the UN has passed multiple resolutions subsequently expanding sanctions on North Korea. Resolution 2270 from 2016 placed restrictions on transport personnel and vehicles employed by North Korea while also restricting

1530-700: A series of laws passed by the US Congress (1806–1808) during the second term of President Thomas Jefferson . Britain and France were engaged in the War of the Fourth Coalition ; the US wanted to remain neutral and to trade with both sides, but both countries objected to American trade with the other. American policy aimed to use the new laws to avoid war and to force both France and Britain to respect American rights. The embargo failed to achieve its aims, and Jefferson repealed

1632-521: A serious threat to maritime security, safety and the marine environment“. The International Maritime Organization signaled its desire to create new enforcement mechanisms against grey ships signing a resolution which defined the term 'dark' ship for the first time in October 2023. It noted that: a fleet of between 300 and 600 tankers primarily comprised of older ships, including some not inspected recently, having substandard maintenance, unclear ownership and

1734-497: A severe lack of insurance, was currently operated as a 'dark fleet' or 'shadow fleet' to circumvent sanctions and high insurance costs. Various techniques are employed by shadow fleets in order to mask the identity of the vessels, their destination and origin points, or to fabricate paperwork for trading purposes. Such techniques are often used in a layered and complex manner making enforcement more difficult and generating additional compliance costs and risk for private companies across

1836-850: A significant blow to the Georgian economy . Russia also expelled nearly 2,300 Georgians who worked within its borders. The United Nations issues sanctions by consent of the United Nations Security Council (UNSC) and/or General Assembly in response to major international events, receiving authority to do so under Article 41 of Chapter VII of the United Nations Charter . The nature of these sanctions may vary, and include financial, trade, or weaponry restrictions. Motivations can also vary, ranging from humanitarian and environmental concerns to efforts to halt nuclear proliferation . Over two dozen sanctions measures have been implemented by

1938-771: A study by Neuenkirch and Neumeier, UN economic sanctions had a statistically significant impact on targeted states by reducing their GDP growth by an average of 2.3–3.5% per year—and more than 5% per year in the case of comprehensive UN embargoes—with the negative effects typically persisting for a period of ten years. By contrast, unilateral US sanctions had a considerably smaller impact on GDP growth, restricting it by 0.5–0.9% per year, with an average duration of seven years. Oryoie, A. R. demonstrates that economic sanctions result in welfare losses across all income groups in Iran, with wealthier groups suffering greater losses compared to poorer groups. Imposing sanctions on an opponent also affects

2040-659: A type of economic sanctions. Previously mentioned work by Hufbauer, Schott, Elliot, and Oegg is a prominent example. Claas Mertens finds that "suspending aid is more effective than adopting economic sanctions because (1) aid suspensions are economically beneficial for the adopting state, while sanctions are costly, (2) aid suspensions directly affect the targeted government's budget, (3) market forces undermine sanctions but not aid suspensions, and (4) aid suspensions are less likely to spark adverse behavioral reactions. [...] The findings suggest that economic sanctions are less effective than previously thought and that large donor states have

2142-501: Is a central focus of the sanction architecture, driving political will for enforcement efforts. However, this emphasis can relegate other maritime concerns – but also diplomatic ones – to secondary status, potentially undermining broader enforcement effectiveness. The 2003 Proliferation Security Initiative (PSI) stands out as a prominent example of efforts directed at naval interdiction and at-sea enforcement against North Korea's regime. This international cooperation program aims to curb

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2244-403: Is a subject of debate. Scholars have also considered the policy externalities of sanctions. The humanitarian consequences of country-wide sanctions have been a subject of controversy. As a consequence, since the mid-1990s, United Nations Security Council (UNSC) sanctions have tended to target individuals and entities, in contrast to the country-wide sanctions of earlier decades. One of

2346-493: Is also tied to routine flag changes aimed at obscuring a vessels' origin. A U.S. Department of The Treasury report detailed that out of the six vessels involved in sanction evasion, three were sailing under the flag of Cameroon , one under Liberia , and two under the Russian flag at the time of the report. Currently, none of these vessels, identified by their IMO numbers, are registered under their previous flags. Instead, six out of

2448-668: Is completely banned and new visa restrictions.” Also in 2010, the UN Council imposed sanctions on Iran due to their involvement in their nuclear program. These sanctions banned Iran from carrying out tests on their nuclear weapons and imposed an embargo on the transfer of weapons into the country. These sanctions resulted in drastic macroeconomic downturns for the Iranian economy including volatility in GDP , increase in unemployment , and increase in inflation . List of sanctioned countries (the below

2550-464: Is facilitated by structural characteristics of the registering states and strategic maneuvers by sanctioned entities. Open registries, being predominantly small states with limited resources, lack the financial incentives to invest in effective regulatory practices, and by taking advantage of jurisdictional control they have through the process of flagging and registering, they prioritize revenue generation over rigorous compliance measures. By providing

2652-431: Is nothing else [to do] between words and military action if you want to bring pressure upon a government". Critics of sanctions like Belgian jurist Marc Bossuyt argue that in nondemocratic regimes, the extent to which this affects political outcomes is contested, because by definition such regimes do not respond as strongly to the popular will. A strong connection has been found between the effectiveness of sanctions and

2754-500: Is supplying ammunition to Russia in the context of the invasion of Ukraine . As a tool of foreign policy, sanctions aim to coerce a member of the international community to comply with demands. From a policy-making perspective, the criteria for measuring the effectiveness of sanctions relies on how it helps achieve the stated goals. We need to distinguish between intermediary and end goals in assessing sanction efficacy: intermediary goals correspond to inflicting (economic) damage, in

2856-446: Is the concept of "smart sanctions", and a lot of research has been done on this concept also known as targeted sanctions. The term "smart sanctions" refers to measures like asset freezes, travel bans, and arms embargoes that aim to target responsible parties like political leaders and elites with the goal of avoiding causing widespread collateral damage to innocent civilians and neighboring nations. Though there has been enthusiasm about

2958-448: Is the most frequent foreign-policy objective of economic sanctions, accounting for just over 39 percent of cases of their imposition. Hufbauer et al. found that 34 percent of the cases studied were successful. However, when Robert A. Pape examined their study, he found that only 5 of their reported 40 successes were actually effective, reducing the success rate to 4%. In either case, the difficulty and unexpected nuances of measuring

3060-544: Is used in experimental physics when the experiment requires shielding material which is itself only extremely weakly radioactive, emitting less than present-day background radiation; materials which were manufactured after atmospheric nuclear explosions had taken place reflect the higher ambient level of radioactivity that fallout has caused. The practice of exporting and dismantling ships has caused international protests as they contain toxic materials. In 2007, following studies that found that 20 tons of lead paint had flaked off

3162-438: The 2022 Russian invasion of Ukraine , the role played by tankers smuggling Russian oil for export has drawn renewed attention. This has led to growing concerns about the geopolitical impacts of such fleets, their significance with regards to sanctions' enforcement and efficacy, and the safety and security risks they create. Indeed, as 'dark' vessels use deceptive practices and are often constituted of ageing vessels, they "present

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3264-570: The EU . Soon after Yushchenko entered office, Russia demanded Kyiv pay the same rate that it charged Western European states. This quadrupled Ukraine's energy bill overnight. Russia subsequently cut off the supply of natural gas in 2006, causing significant harm to the Ukrainian and Russian economies . As the Ukrainian economy began to struggle, Yushchenko's approval ratings dropped significantly; reaching

3366-502: The European Union and NATO , such as Ukraine , Moldova , and Georgia . Russia has enacted a law, the Dima Yakovlev Law , that defines sanctions against US citizens involved in "violations of the human rights and freedoms of Russian citizens". It lists US citizens who are banned from entering Russia. Viktor Yushchenko , the third president of Ukraine who was elected in 2003, lobbied during his term to gain admission to NATO and

3468-601: The League of Nations , became prominent after the end of World War I. Leaders saw sanctions as a viable alternative to war. The League Covenant permitted the use of sanctions in five cases: The Abyssinia Crisis in 1935 resulted in League sanctions against Mussolini's Italy under Article 16 of the Covenant. Oil supplies, however, were not stopped, nor the Suez Canal closed to Italy, and

3570-743: The United Nations Convention on the Law of the Seas (UNCLOS) . Enforcement necessitates stopping and searching vessels in international waters, which is contrary to the norm of Mare Liberum ( Freedom of the seas ) and with the right of flag states to give or withdraw consent for searches enclosed in UNCLOS. The PSI when applied to North Korea has garnered legitimacy through IMO protocols, international treaties, and UN Security Council resolutions on sanctions, which make it much more enforceable since 2016. However,

3672-560: The United Nations General Assembly adopted a voluntary international oil-embargo against South Africa on November 20, 1987; that embargo had the support of 130 countries. South Africa, in response, expanded its Sasol production of synthetic crude . All United Nations sanctions on South Africa ended over the Negotiations to end Apartheid , Resolution 919 and the 1994 South African elections , in which Nelson Mandela

3774-780: The collapse of the USSR and 1994 death of Kim Il-Sung . The Agreed Framework signed under the Clinton administration led to a short-lived relaxation in sanctions as the Democratic People's Republic of Korea (DPRK) committed to divest from its nuclear program. The pattern of UN sanctions follows missile testing and military provocations by the Kim regime. Sanctions have also been invoked on human rights grounds. The sanction regime has been criticized as " patchwork ", "s ewn on opportunistically when North Korea provocations create political will " yet drastically challenged by lack of interest or capacity to use

3876-470: The illegal narcotics trade . Sanction busting practices are a direct response to international sanctions . The sanction regime against North Korea today is very broad and encompassing, but more recently deployed than commonly thought. In the post- Cold War era, the international community responded with openness to the Kim regime following the 1994 famine , despite evidence of growth in transnational criminal activity and nuclear proliferation following

3978-450: The 1718 committee. It highlights that – despite progress in recent years on sanction enforcement – the sanction regime against North Korea is dependent on agreement between the 5 permanent members of the United Nations Security Council . Without the compliance and assistance of both China and Russia, efforts to coordinate surveillance and enforcement against North Korea are subject to fail. This comes as allegations surfaced that North Korea

4080-506: The AIS switch offs with satellite imagery or Artificial intelligence to track suspicious ships. However, the system allows for plausible deniability , as for example the transponder could have been switched off for security reasons, or due to power-outages on board. Spoofing has been defended by industry experts as a means to counter piracy , and can involve the large-scale transmission of data to drown sensitive information. This explains

4182-475: The EU posed on Iran, "prohibition on the provision of insurance, increased restrictions on and notifications needed for transfers of funds to and from Iran, restrictions on the supply of or traffic in technology and equipment to be used in certain oil and gas fields and prohibition of investment in such fields, expansion of the list of goods and technology whose supply to Iran is either subject to prior authorization or

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4284-527: The Libya through Security Council Resolution 1970 in response to humanitarian abuses occurring in the First Libyan Civil War . The embargo was later extended to mid-2018. Under the embargo, Libya has suffered severe inflation because of increased dependence on the private sector to import goods. The sanctions caused large cuts to health and education, which caused social conditions to decrease. Even though

4386-466: The US Dollar. It can still be used for purchases within that specific country and money transfers can happen through non-Western financial mechanisms (e.g. SEPAM by Iran, SPFS by Russia, CIPS by China as alternatives to SWIFT ). The relative anonymity of cryptocurrencies offers a new way to get around financial sanctions. Exchange offices offer an opportunity to launder a "weak", local currency into

4488-466: The US embargo on Cuba remains as of 2022 one of the longest-standing embargoes in modern history. Few of the United States' allies embraced the embargo, and many have argued it has been ineffective in changing Cuban government behavior. While taking some steps to allow limited economic exchanges with Cuba, American President Barack Obama nevertheless reaffirmed the policy in 2011, stating that without

4590-719: The USA. Similar to Liberia, recent developments indicate a decrease in vessels flying the Marshallese flag, with dozens of oil tankers ceasing to sail under its flag in response to increased US sanctions enforcement. Other flags under scrutiny for sanctions evasion include Tanzania , Fiji , Cambodia , Mongolia , and Gabon . These registries have been found to facilitate illegal activities, particularly in relation to North Korea . Despite efforts to address these issues, concerns remain about their role in facilitating sanction-busting activities. Before its closure in 2002, Cambodia's registry

4692-548: The United Nations Convention on the Law of the Sea of 10 December 1982, with respect to any other situation and underscores in particular that this resolution shall not be considered as establishing customary international law Economic sanctions Economic sanctions or embargoes are commercial and financial penalties applied by states or institutions against states, groups, or individuals. Economic sanctions are

4794-516: The United Nations since its founding in 1945. Most UNSC sanctions since the mid-1990s have targeted individuals and entities rather than entire governments, a change from the comprehensive trade sanctions of earlier decades. For example, the UNSC maintains lists of individuals indicted for crimes or linked to international terrorism, which raises novel legal questions regarding due process . According to

4896-542: The United States, Liberia's registry quickly gained momentum as an alternative to Panama. Recent developments indicate a shift away from the Liberian flag, particularly of the Russian dark fleet, due to increased sanctions enforcement by the United States . The Republic of the Marshall Islands emerged as another significant flag state, with its registry managed by a privately held maritime and corporate registry service based in

4998-562: The actual success of sanctions in relation to their goals are both increasingly apparent and still under debate. In other words, it is difficult to determine why a regime or country changes (i.e., whether it was the sanction or inherent instability) and doubly so to measure the full political effect of a given action. Offering an explanation as to why sanctions are still imposed even when they may be marginally effective, British diplomat Jeremy Greenstock suggests sanctions are popular not because they are known to be effective, but because "there

5100-425: The case of Iran, include: Sanctioned entities may decide to found shell companies in non-sanctioned countries through which business with the rest of the world can then be further facilitated, on behalf of the in-reality sanctioned entity. For trade partners it is often, at first glance, not necessarily obvious anymore that they do business with a sanctioned entity. When links to the sanctioned entity are uncovered,

5202-432: The case of North Korea, Stanton points out that "long before North Korean vessels conduct ship-to-ship transfers under the cover of night, on-shore operatives go to extraordinary lengths to establish anonymous shell companies, falsify financial and ownership records and bribe customs officials".   Common methods to circumvent financial sanctions that can be employed for the reimbursement of sanctioned goods, at least in

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5304-482: The concept, as of 2016, the Targeted Sanctions Consortium (TSC) found that targeted sanctions only result in policy goals being met 22% of the time. Smart Sanctions have also not been totally successful in avoiding civilian harm or unintended consequences. For example, arms embargoes can impact the self-defense efforts of those under attack, aviation bans can affect a nation's transportation sector and

5406-558: The conquest proceeded. The sanctions were lifted in 1936 and Italy left the League in 1937. In the lead-up to the Japanese attack on Pearl Harbor in 1941, the United States imposed severe trade restrictions on Japan to discourage further Japanese conquests in East Asia. After World War II , the League was replaced by the more expansive United Nations (UN) in 1945. Throughout the Cold War,

5508-417: The consolidation of a system where food and money are monopolized by a small elite. He argues that every crisis emerging from North Korea, including sanction busting for nuclear proliferation or the global arms trade, but also aid-related sanction busting – is "inextricably intertwined with its kleptocracy and corruption". On the one hand, the lack of sanction enforcement at sea contributes to this failure. On

5610-684: The continental nations involved as to the British. By the time of the Hague Conventions of 1899 and 1907 , diplomats and legal scholars regularly discussed using coordinated economic pressure to enforce international law. This idea was also included in reform proposals by Latin American and Chinese international lawyers in the years leading up to World War I . Sanctions in the form of blockades were prominent during World War I . Debates about implementing sanctions through international organizations, such as

5712-426: The credit cards of ordinary Russian consumers. There is an importance, especially with relation to financial loss, for companies to be aware of embargoes that apply to their intended export or import destinations. Properly preparing products for trade, sometimes referred to as an embargo check, is a difficult and timely process for both importers and exporters. There are many steps that must be taken to ensure that

5814-727: The dataset is an embargo against imported weapons, which applied in 87% of all cases and was directed against non-state actors more often than against governments. Targeted sanctions regimes may contain hundreds of names, a handful, or none at all. The UN implemented sanctions against Somalia beginning in April 1992, after the overthrow of the Siad Barre regime in 1991 during the Somali Civil War . UNSC Resolution 751 forbade members to sell, finance, or transfer any military equipment to Somalia. The UNSC passed Resolution 1718 in 2006 in response to

5916-448: The economy of the imposing country to a degree. If import restrictions are promulgated, consumers in the imposing country may have restricted choices of goods. If export restrictions are imposed or if sanctions prohibit companies in the imposing country from trading with the target country, the imposing country may lose markets and investment opportunities to competing countries. Hufbauer, Schott, and Elliot (2008) argue that regime change

6018-408: The financial sector) has been criticized for its inefficiency and humanitarian impacts, as sanction busting allows the maintenance of an enriched and loyal elite while the population bears the cost of wide-ranging bans on commodity goods. The legal architecture of the sanction regime in the maritime domain has been advanced as an explanation for the failure to achieve its goals Non-proliferation

6120-451: The fleet sites at Newport News, Virginia (James River Reserve Fleet); Beaumont, Texas (Beaumont Reserve Fleet); and at designated outported berths. In practice most reserve ships rapidly become obsolete and are scrapped, used for experiments, target practice , sold to other nations (and occasionally to private companies for civilian conversion), become museum ships or artificial reefs . Alternatives to reserve fleets include exporting

6222-452: The front company will in many cases be struck by secondary sanctions. Front companies will therefore be usually set up in countries where compliance oversight is low and/or where political elites generally disagree with the imposition of sanctions. A sanctioned entity might just accept the local currency of the country it ships goods to. The problem here is that these currencies are often less useful on international markets than, for example,

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6324-432: The full power of the law. Following a lull between 2006 and 2015, mainly due to Chinese and Russian reticence, a fuller and stricter UN sanction regime came into effect starting 2015 following US unilateral sanctions .This "most sophisticated and comprehensive" regime included a wave of sanctions – mainly comprehensive economic ones – between 2016 and 2019. Some included specific recommendations concerning enforcement in

6426-459: The government will face when trying to change status quo policies, and the larger the size of the veto players, the more difficult it is to find support for new policies, thus making the sanctions more effective. Francesco Giumelli writes that the "set of sanctions ... that many observers would be likely to consider the most persuasive (and effective)", namely, UN sanctions against " central bank assets and sovereign wealth funds ", are "of all

6528-431: The granting of improved human rights and freedoms by Cuba's current government, the embargo remains "in the national interest of the United States". Russia has been known to utilize economic sanctions to achieve its political goals. Russia's focus has been primarily on implementing sanctions against the pro-Western governments of former Soviet Union states . The Kremlin's aim is particularly on states that aspire to join

6630-487: The high seas exists in a legal grey zone and is difficult to detect, though sanctioned entities are often prohibited from benefiting from such transfers. In a report in 2013, the International Maritime organization acknowledged that such practices generated considerable risks to commercial shipping, safety, and environmental security: ship-to-ship transfers in the high seas were high risk activities that undermined

6732-473: The high seas, and underpins the system as both a " regulatory weapon and compliance shield ".Yet its limitations have been exploited thoroughly by sanction busting actors. Because of the voluntary nature of the system, AIS-data transmission can be turned off, allowing for ships to ‘disappear’ when engaging in illegal or illicit activities. Sanction enforcement can counter such practices by including AIS switch-off clauses in insurance contract. They can also track

6834-493: The hope of achieving larger long term goals. Thus smart sanctions are to be adjusted with political and economic settings. In the case of North Korea, sanctions have aimed primarily to force the regime to abandon its nuclear program , uphold human rights, and more broadly produce democratic regime change .In his book " The Root of All Evil ", Stanton argues that sanctions against North Korea have not been effective, as they have not led to regime change. Instead, they have led to

6936-435: The industry pressure for the transmission system to remain voluntary and not mandatory, which would help enforce sanctions. AIS spoofing also refers more generally to the deliberate manipulation of ship location or identification data to mask a 'shadow' vessel illegal activity. Failure to broadcast or malfunctioning AIS can also have serious consequences and decreases safety at the seas. Ship-to-ship cargo transfers refer to

7038-574: The international regime with respect to maritime safety, environmental protection and liability and compensation needed to be urgently addressed Generally speaking, vessel identity tampering refers to the process of masking 'shadow' vessels real identities in order to trade sanctioned goods, and make detection more difficult. The concept of vessel identity laundering represents a new and more sophisticated method employed by several North Korean ships, and likely vessels from other sanctioned states. Unlike traditional identity tampering, which involves blurring

7140-588: The jobs of civilians associated with them, and financial sanctions targeting individuals raise due process issues.  One example of smart sanctions in practice can be seen with sanctions imposed by the United States on the Russian Federation following the latter's 2014 annexation of Crimea , which were intended to exert pressure on Russia's financial sector. The sanctions resulted in American credit card companies Visa and MasterCard suspending all transactions of sanctioned Russian banks, effectively canceling

7242-410: The lack of transparency and accountability in vessel ownership complicates efforts to enforce regulations and hold responsible parties accountable in case of accidents or environmental disasters. The emergence of North Korea 's 'shadow fleets' are a direct response to the multilateral comprehensive sanctions imposed against the regime following nuclear ballistic missile tests since 2016. Through

7344-656: The latter is a perceived threat to the security of the former nation or that country treats its citizens unfairly. They can be used as a coercive measure for achieving particular policy goals related to trade or for humanitarian violations. Economic sanctions are used as an alternative weapon instead of going to war to achieve desired outcomes. The Global Sanctions Data Base categorizes nine objectives of sanctions: "changing policy, destabilizing regimes, resolving territorial conflicts, fighting terrorism, preventing war, ending war, restoring and promoting human rights, restoring and promoting democracy, and other objectives." According to

7446-524: The legislation in March 1809. The United States embargo against Cuba began on March 14, 1958, during the overthrow of dictator Fulgencio Batista by Fidel Castro during the Cuban Revolution . At first, the embargo applied only to arms sales; however, it later expanded to include other imports, eventually extending to almost all trade on February 7, 1962. Referred to by Cuba as "el bloqueo" (the blockade),

7548-465: The maritime domain: The sanction regime against North Korea is unique in its broadness and the fact that it is led by the United Nations Security Council . The DPRK is also under unilateral sanctions and sanctions by other supranational bodies such as the European Union . In April 2024, Russia vetoed the renewal of the panel of expert on North Korean sanctions implementation tasked with assisting

7650-504: The maritime supply chain. Oftentimes, those practices exploit legal flaws in the IMO registration and transmission requirements, insurance loopholes, and the lack of cooperation between geopolitical adversaries. Automatic identification system or AIS is an IMO -mandated transponder aboard all registered vessels which transmits the identity and location of ships. This is publicly accessible data. The technology allows data-tracking for ships on

7752-675: The most comprehensive attempts at an embargo occurred during the Napoleonic Wars of 1803–1815. Aiming to cripple the United Kingdom economically, Emperor Napoleon I of France in 1806 promulgated the Continental System —which forbade European nations from trading with the UK. In practice the French Empire could not completely enforce the embargo, which proved as harmful (if not more so) to

7854-554: The other hand, scholars have been critical of the focus on maritime enforcement rather than the more extensive use of financial tools targeted at individuals and companies supporting the North Korean regime. The bottom-up design of North Korean sanctions, which aims at generating political pressure for regime change from within by imposing economic hardships has been criticized on humanitarian grounds. The sanction architecture's comprehensive rather than targeted approach (specifically in

7956-422: The possibility for anonymous, online vessel registrations, or by commissioning the practice to privately run registries, open registries obstruct international detection efforts and are more vulnerable to infiltration by individuals with ties to sanctioned activities. Sanctions evaders also strategically select these registries because to their lower detection rates and cost-saving measures, aiming at exploiting

8058-422: The practice to siege warfare. The United Nations Security Council (UNSC) has generally refrained from imposing comprehensive sanctions since the mid-1990s, in part due to the controversy over the efficacy and civilian harms attributed to the sanctions against Iraq . Sanctions can have unintended consequences . One of the most popular suggestions to combat the humanitarian issues that arise from sanctions

8160-487: The reactivation process. They may be modified for storage during such a period, for instance by having rust-prone areas sealed off or wrapped in plastic or, in the case of sailing warships, the masts removed. While being held in the reserve fleet, ships typically have a minimal crew (known informally as a skeleton crew ) to ensure that they stay in somewhat usable condition. For instance, bilge pumps need to be run regularly to reduce corrosion of their steel and to prevent

8262-609: The resource-rich Dutch East Indies , which required a preemptive attack on Pearl Harbor , triggering the American entry into the Pacific War . In 1973–1974, OAPEC instigated the 1973 oil crisis through its oil embargo against the United States and other industrialized nations that supported Israel in the Yom Kippur War . The results included a sharp rise in oil prices and in OPEC revenues, an emergency period of energy rationing ,

8364-508: The rule of flag-state consent still renders enforcement difficult as North Korean ships register with flags of convenience . The text of UN Security Council Resolutions on North Korea makes clear this legal tension: 12. Affirms that paragraphs 7, 8 and 9 apply only with respect to the situation in the DPRK and shall not affect the rights, obligations, or responsibilities of Member States under international law, including any rights or obligations under

8466-438: The sale of natural resources and fuel for aircraft. The efficacy of such sanctions has been questioned in light of continued nuclear tests by North Korea in the decade following the 2006 resolution. Professor William Brown of Georgetown University argued that "sanctions don't have much of an impact on an economy that has been essentially bankrupt for a generation". On February 26, 2011, the UNSC issued an arms embargo against

8568-558: The sanctions were in response to human rights, their effects were limited. In 2013 the UN decreed an arms embargo against the CAR. The arms embargo was established in the context of an intercommunity conflict between the Séléka rebels, with a Muslim majority, and the predominantly Christian militias. to fight back. Raised UN Security Council lifts arms embargo on CAR on August 1, 2024. In effort to punish South Africa for its policies of apartheid ,

8670-433: The seven have switched to the convenience flag of Cameroon , while one has opted for the flag of Tanzania . As soon as shadow ships have made a delivery, the question arises how this delivery will be reimbursed. Many sanctioned entities face here the difficulty of being effectively paid. US and EU sanctions can seriously restrict the use of the international banking system ( SWIFT ) and access to Dollars and Euros ,

8772-452: The ship's physical, digital, and registered identities, vessel identity laundering exploits flaws in the IMO numbering system to create a complete shell identity. Direct identity laundering refers to the creation of a new legitimate ship identity by registering an unclean vessel under a new clean identity. Indirect laundering refers to the use of a second ‘clean’ ship loaning its identity to the dark ship. Those techniques are efficient due to

8874-444: The ships from foundering at their moorings . When a ship is placed into reserve status, the various parts and weapon systems that the ship uses are also placed in a storage facility, so that if the warship is reactivated, the proper spare parts and ammunition are available. Like the ships, however, the stored parts and equipment are prone to fall into disrepair, suffer metal corrosion, and become obsolete. The British Reserve Fleet

8976-480: The ships of the NDRF, environmentalist groups sued to have them removed. The U.S. Federal Maritime Administration agreed to remove more than 50 of the ships as a result, 25 of which have been removed by 2012 and the remainder removed at the end of 2017. Shadow fleet A shadow fleet , also referred to as a dark fleet , is a "ship or vessel that uses concealing tactics to smuggle sanctioned goods". Shadow fleets are

9078-449: The single digits by the 2010 election ; Viktor Yanukovych , who was more supportive of Moscow won the election in 2010 to become the fourth president of Ukraine. After his election, gas prices were reduced substantially. The Rose Revolution in Georgia brought Mikheil Saakashvili to power as the third president of the country. Saakashvili wanted to bring Georgia into NATO and the EU and

9180-408: The size of veto players in a government. Veto players represent individual or collective actors whose agreement is required for a change of the status quo, for example, parties in a coalition, or the legislature's check on presidential powers. When sanctions are imposed on a country, it can try to mitigate them by adjusting its economic policy. The size of the veto players determines how many constraints

9282-582: The trafficking of weapons of mass destruction . Though created outside of the UN system, PSI led to the adoption of a Declaration on Interdiction Principles adopted by the United Nation Security Council through Resolution 1540, but measures recommended remain non-binding as the PSI is primarily a coordination and cooperation agreement. Despite the wide-ranging and strict approach promoted, provisions for maritime enforcement create tensions with regard to

9384-461: The two main currencies used in international trade. Sanctioned countries and their trade partners must therefore be inventive to circumvent the financial aspect of a sanctions regime. This shows that the intended functioning of a shadow fleet is dependent on a complex layer of on-shore strategies. Shadow fleets are therefore often deeply intertwined with illicit activities beyond the maritime domain like financial and administrative fraud. For example in

9486-545: The types of measures applied ... the one least frequently used". Giumelli also distinguishes between sanctions against international terrorists, in which "the nature of the request is not as important as the constraining aspect", and sanctions imposed in connection with "post-conflict scenarios", which should "include flexible demands and the potential for adaptation if the situation changes". Economic sanctions can be used for achieving domestic and international purposes. Foreign aid suspensions are typically considered as

9588-493: The use of intermediary vessels to bring goods to shore. This allows shadow fleets to stay on the high seas, avoid detection and seizure by coastal authorities, and smuggle their cargo in. Bunkering refers to the re-fueling of ships at sea through an intermediary tanker. This allows illegal vessels to remain on the high seas for extended period of time and avoid detection. Both practices are legal but reglemented in territorial waters of coastal states. The use of such strategies on

9690-508: The use of more and more sophisticated sanction busting practices in the maritime domain, the Democratic People's Republic of Korea has attempted to maintain imports of basic commodities, raw materials, aid, and luxury goods, but also to finance its regime through the export of iron ore, coal or textiles. The shadow fleets also allow North Korea to continue its proliferation activities through the sale of weapons and to allegedly participate in

9792-544: The use of sanctions increased gradually. After the end of the Cold War , there was a major increase in economic sanctions. According to the Global Sanctions Data Base, there have been 1,325 sanctions in the period 1950–2022. Economic sanctions are used as a tool of foreign policy by many governments. Economic sanctions are usually imposed by a larger country upon a smaller country for one of two reasons: either

9894-592: The vessels for shipbreaking , or dismantling. More recently, the U.S. Navy has established a program to allow ships, such as Oriskany , to be sunk in selected locations to create artificial reefs. Recycling is another option, as in the case of the United States National Defense Reserve Fleet (NDRF), the ships of which are set to be stripped of their paint, cut into pieces, and then recycled. Steel from pre-nuclear age ships either mothballed or sunk and raised, called low-background steel ,

9996-471: The weaknesses in their enforcement mechanisms. The possibility of capitalizing on the minimal application and administrative fees, as well as nominal tonnage taxes offered by open registries, renders such practice highly economical for sanctioned states. The flagging practice of open registries can have significant implications. The reputation of flag states can be impacted, potentially resulting in economic repercussions such as trade bans. Additionally,

10098-517: Was a repository for British decommissioned warships from about 1800 until 1960. The United States National Defense Reserve Fleet (NDRF), consisted of about fifty World War II ships that were moored in Suisun Bay (Suisun Bay Reserve Fleet) near San Francisco since the 1950s or '60s. The fleet included military cargo ships , troopships and tankers . As of mid-2021 there are just two ships anchored in that area. Additional NDRF vessels are moored at

10200-548: Was a strong supporter of the US-led war in Iraq and Afghanistan . Russia would soon implement a number of different sanctions on Georgia, including natural gas price raises through Gazprom and wider trade sanctions that impacted the Georgian economy, particularly Georgian exports of wine, citrus fruits, and mineral water. In 2006, Russia banned all imports from Georgia which was able to deal

10302-488: Was elected as the first post-Apartheid president. When asked in 1993 if economic sanctions had helped end apartheid, Mandela replied "Oh, there is no doubt." The United States, Britain , the Republic of China and the Netherlands imposed sanctions against Japan in 1940–1941 in response to its expansionism . Deprived of access to vital oil, iron-ore and steel supplies, Japan started planning for military action to seize

10404-501: Was involved in a wide variety of illegal activities, including smuggling and trafficking. Cambodia claimed to have terminated its contract with the Cambodian Ship Registration Management Committee and ceased the flag of convenience business. However, reports from 2020 indicate that North Korean vessels still manipulate Cambodian flags to evade sanctions. Despite being landlocked, Mongolia emerged as

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