North Korea: Terrorism List Removal?
Summary
The issue of North Korea’s inclusion on the U.S. list of terrorism-supporting
countries has arisen twice in recent U.S.-North Korean diplomacy. In 2000, North
Korea demanded that the Clinton Administration remove North Korea from the
terrorism-support list before North Korea would send a high level envoy to
Washington and accept the Clinton Administration’s proposal to begin negotiations
with the United States over the North Korean missile program. In 2003, multilateral
negotiations involving six governments began over North Korea’s nuclear programs
in the wake of North Korea’s actions to terminate its obligations under the Nuclear
Non-Proliferation Treaty and the 1994 U.S.-North Korean Agreed Framework. In
the six party talks, North Korea demanded that in return for a North Korean “freeze”
of its plutonium nuclear program, the United States agree to a number of U.S.
concessions, including removing North Korea from the U.S. terrorism-support list.
In late 2006 and early 2007, the Bush Administration reportedly offered North
Korea removal from the U.S. terrorism list if North Korea agreed to end its nuclear
programs. U.S. and North Korean diplomats negotiated much of the Six Party
Nuclear Agreement, which was signed on February 13, 2007. That agreement
specified that the United States and North Korea would begin to negotiate a process
of removal of North Korea from the terrorism list. In August-September 2007,
Assistant Secretary of State Christopher Hill apparently made promises to North
Korea’s chief negotiator to remove North Korea as part of the process to implement
Phase Two of the February 2007 nuclear agreement. They set a deadline of
December 31, 2007, for completion of Phase II. Phase II requires North Korea to
allow the “disablement” of its plutonium facilities at Yongbyon and to issue a
declaration of its nuclear programs. The Bush Administration increasingly took the
position that the issue of North Korea’s kidnapping of Japanese citizens was not
linked to removing North Korea from the terrorism list, from the standpoint of U.S.
law or policy. The Japanese government objected to this position. The State
Department continued to declare that North Korea had not committed a terrorist act
since 1987, but contrary reports from reputable sources described recent North
Korean programs to provide arms and training to Hezbollah in Lebanon and the
Tamil Tigers in Sri Lanka, two groups on the U.S. list of international terrorist
organizations.
If the Administration removes North Korea from the terrorism list, it is required
under law to notify Congress 45 days prior to removal. For Congress to prevent
removal, it would have to pass legislation (not resolutions) that would be subject to
a presidential veto. The Administration has stated that it will adhere to the
requirement of providing Congress with a 45-day notice.
The issue of North Korea’s inclusion on the U.S. list of terrorism-supporting
countries has arisen twice in recent U.S.-North Korean diplomacy. In 2000, North
Korea demanded that the Clinton Administration remove North Korea from the
terrorism-support list before North Korea would send a high level envoy to
Washington and accept the Clinton Administration’s proposal to begin negotiations
with the United States over the North Korean missile program. In 2003, multilateral
negotiations involving six governments began over North Korea’s nuclear programs
in the wake of North Korea’s actions to terminate its obligations under the Nuclear
Non-Proliferation Treaty and the 1994 U.S.-North Korean Agreed Framework. In
the six party talks, North Korea demanded that in return for a North Korean “freeze”
of its plutonium nuclear program, the United States agree to a number of U.S.
concessions, including removing North Korea from the U.S. terrorism-support list.
In late 2006 and early 2007, the Bush Administration reportedly offered North
Korea removal from the U.S. terrorism list if North Korea agreed to end its nuclear
programs. U.S. and North Korean diplomats negotiated much of the Six Party
Nuclear Agreement, which was signed on February 13, 2007. That agreement
specified that the United States and North Korea would begin to negotiate a process
of removal of North Korea from the terrorism list. In August-September 2007,
Assistant Secretary of State Christopher Hill apparently made promises to North
Korea’s chief negotiator to remove North Korea as part of the process to implement
Phase Two of the February 2007 nuclear agreement. They set a deadline of
December 31, 2007, for completion of Phase II. Phase II requires North Korea to
allow the “disablement” of its plutonium facilities at Yongbyon and to issue a
declaration of its nuclear programs. The Bush Administration increasingly took the
position that the issue of North Korea’s kidnapping of Japanese citizens was not
linked to removing North Korea from the terrorism list, from the standpoint of U.S.
law or policy. The Japanese government objected to this position. The State
Department continued to declare that North Korea had not committed a terrorist act
since 1987, but contrary reports from reputable sources described recent North
Korean programs to provide arms and training to Hezbollah in Lebanon and the
Tamil Tigers in Sri Lanka, two groups on the U.S. list of international terrorist
organizations.
If the Administration removes North Korea from the terrorism list, it is required
under law to notify Congress 45 days prior to removal. For Congress to prevent
removal, it would have to pass legislation (not resolutions) that would be subject to
a presidential veto. The Administration has stated that it will adhere to the
requirement of providing Congress with a 45-day notice.