North Korea: Terrorism List Removal?

Publication Date: April 2009

Publisher: Library of Congress. Congressional Research Service

Author(s):

Research Area: Government

Type:

Coverage: Korea (North)

Abstract:

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 concessions, including removing North Korea from the U.S. terrorism-support list.

During the 2000 negotiation, the Clinton Administration heeded the urgings of Japan to keep North Korea on the terrorism-support list until North Korea satisfied Japan regarding North Korean terrorist acts against Japan, especially the kidnapping of Japanese citizens. In June 2004, the Bush Administration tabled a proposal to settle the North Korean nuclear issue through the complete dismantlement of North Korea's nuclear programs. Once North Korea had undertaken several specified actions leading toward dismantlement, the United States would negotiate over the terrorism-support list. The linkage of North Korea's inclusion on terrorism-support list with the six party talks raises a number of existing or potential linkages for the United States. In addition to linkage with settlement of the nuclear issue, there are potential linkages to U.S. concerns over North Korea's proliferation of weapons of mass destruction and the settlement of other non-nuclear issues. Moreover, Japan's important role in the six party talks and potential role in any nuclear settlement has increased the importance of the kidnapping issue. North Korea admitted to kidnappings of Japanese in September 2002 and agreed to the release of five victims and their families. However, key issues remain unsettled, especially the status of eight kidnapped Japanese whom North Korea has declared to be dead. In April 2004, the State Department designated the kidnapping of Japanese as an official reason for North Korea's inclusion on the U.S. list of terrorism-supporting states.

Assuming clearly announced and demonstrated changes in DPRK policies supportive of terrorism -- a scenario which may occur within the next several years and possibly sooner -- Administration policymakers would face a number of options which include (1) waiting, doing nothing, and retaining North Korea on both the "state sponsors" of terrorism list and the nations "not fully cooperating" list; (2) downgrading the DPRK to the "not fully cooperating" category; (3) easing sanctions subject to presidential waiver; and (4) removing the DPRK from both lists. Congress would have a direct role in a removal of North Korea from the terrorism list, since the executive branch must notify Congress before actual removal and Congress would have the option to initiate legislation to block removal.