DPRK daily Sep. 6-10 - October 1st New Economic Management Reform Measures; FTA among Korea, Japan, and China


0910  October 1st New Economic Management Reform Measures

New Economic Policy to Start October 1st
Daily NK. 9/10/12 By Kim Kwang Jin

North Korea has announced domestically that the so-called ‘June 28th Policy’ of economic management measures are to go into force nationwide on October 1st.

Given that the new measures will be implemented on October 1st, it is likely that the June 28th Policy will come to be known as the ‘October 1st New Economic Management Reform Measures in the same way as the July 1st Economic Management Reform Measures of 2002, which were branded the ‘October 3rd Policy’ until their implementation because October 3rd was the date upon which Kim Jong Il delivered his first statement on the issue to the Party.

The ‘June 28th Policy’ is seen by many analysts as an extension of the 2002 measures.  Among its key tenets, agricultural producers are to receive 30% of production under the state plan plus any overproduction, while workers in small and medium-sized enterprises are to no longer receive state distribution, instead being paid entirely in cash.

However, the people of North Korea are concerned, the source explained, saying, “The truth is that they shut down the July 1st Measures after just 3 years, so people are feeling pretty anxious now.” Therefore, he added, “They are backing it up with legal measures to show that it will be applied consistently.”

The source explained that he assumes the authorities are using both education targeting all levels of the adult population and the application of legal and systemic modifications to try and ensure that the tentatively titled ‘October 1st New Economic Management Reform Measures’ succeed. However, if they are not followed by significant opening to the outside world and/or massive levels of external support, the source added that the chances of success will significantly diminish.

North Korea Accepts Flood Aid Offer
Daily NK. 9/10/12 By Park Seong Guk

North Korea has accepted a South Korean offer to provide flood relief aid, more than a week after it was made.

A Ministry of Unification official explained this afternoon, “North Korea notified us this morning via the Red Cross channel at Panmunjom that it will accept the aid.”

The original offer was one of discussion of flood relief aid, and was made by the South Korean government on September 3rd in the name of the Korea National Red Cross

North Korea Holds Chinese Firm Responsible for Failed Venture
Bloomberg. 9/10/12

North Korea held a Chinese mineral company responsible for the collapse of an iron-ore joint venture, escalating a dispute that risks undermining the isolated state’s relations with China, its biggest investor.

Xiyang Group, based in Liaoning in northeast China, fulfilled only 50 percent of what it had agreed to and was “chiefly to blame,” the official Korean Central News Agency said yesterday. Xiyang said last month that its contract was terminated at the plant after North Korea demanded an increase in royalties and rent.

The row may undermine North Korean leader Kim Jong Un’s effort to boost foreign investment in an economy in which 16 million people, or two thirds of the population, suffer from poverty and malnutrition. China accounts for 89 percent of North Korea’s foreign trade and the two countries are negotiating the expansion of joint economic zones with an eye on the reclusive state’s estimated $6 trillion of mineral reserves.

“North Korea doesn’t understand how capitalism works and believes that all companies operate under the government’s orders,” said Lee Woo Young, a professor at the University of North Korean Studies in Seoul. “The two countries are likely to turn this dispute into a diplomatic one to exercise leverage in negotiating Chinese investment in the joint economic zones.”

Mining exports are one of the few legitimate ways for North Korea to earn foreign currency. Last year, the regime exported $1.2 billion of minerals, 97 percent of which went to China, according to a June 1 report by the Korea Trade-Investment Promotion Agency in Seoul.

Signed Contract

Xiyang signed a contract in 2007 to build a mine producing 500,000 tons of iron ore per year, the company said on a weblog that was confirmed by Bloomberg News today. The company dispatched more than 100 technical workers to North Korea to set up the plant.

The North Korean side raised 16 issues in September last year which “completely went against the contract,” the company said, including raising royalties and equal pay for North Korean workers and Chinese workers. North Korea then terminated the contract on Feb. 7 and cancelled the joint venture company, cutting access to water, electricity and communications, Xiyang said.

“They chased us out after we invested,” Wu Xisheng, a deputy general manager in charge of Xiyang’s North Korea investment, said by telephone today from Beijing. “There’s nothing we can do. We can’t go back.”

North Korea agreed to pay compensation of $31.24 million to resolve the dispute that the company hasn’t received, forcing Xiyang to make a statement, Wu said.

Public Response

“North Koreans took Xiyang’s complaint as the Chinese government finding reasons to limit investment in the North,” said Lee, the professor in Seoul. “That is why they responded so publicly.”

A Change in North Korea’s U.S. Policy?
The Diplomat. 9/9/12 By Scott Snyder

The DPRK has signaled several times over the course of the summer that it is reviewing its nuclear policy and that a central feature of the review is connected with the “hostile policy” of the United States. Against this backdrop, North Korea’s foreign ministry released a lengthy statement last Friday. The statement did not contain any surprises.

Instead, it provided a straightforward explanation of how North Korea sees the world, arguing that despite a stream of U.S. assurances over the course of the past two decades, a U.S. attitude of hostility toward the DPRK has prevented confrontation from being resolved. (Of course, what stands behind the argument is the unwavering decades long opposition that U.S. policymakers have held toward North Korea’s nuclear development.)

One point the memorandum makes well is that the nuclear issue was not the origin of U.S.-DPRK confrontation and that “from the very beginning, the U.S. defined the DPRK as an enemy and refused to recognize its sovereignty.” The North Korean foreign ministry argues that the United States opposed the DPRK from the very beginning and refused to establish diplomatic relations with Pyongyang while establishing relations with the Soviet Union and other Communist countries in Eastern Europe. The United States and the DPRK are still technically at war. In other words, the North Korean nuclear problem is really just one symptom of a deeper predicament that characterizes U.S.-DPRK relations. This characterization signals the possibility of yet another North Korean effort to engage with the United States on peace talks rather than on nuclear talks.

The Foreign Ministry Memorandum paints North Korea as the object of enduring U.S. military aggression and economic sanctions despite its periodic floating of peace proposals that have continuously been rejected by the United States. Even the repeal of the Trading With the Enemy Act (TWEA) and removal of the DPRK from the list of state sponsors of terrorism under the Bush administration as a carrot to nudge North Korea toward denuclearization was thwarted, in the North Korean view, by new U.S. sanctions, to which the Obama administration has continued to add more sanctions.

The North’s preferred solution, given America’s implacable policies of hostility toward North Korea, is for the United States to make a “bold and fundamental change” in policy toward North Korea: “The respected Marshal Kim Jong-un wants to open up a new chapter for the development of relations with the countries friendly toward us, unbound to the past.” Or, we can “continue down the U.S. hostile policy as of today, resulting in further expanding and building up of the DPRK’s nuclear arsenal.”

North Korea’s framing suggests that the Kim Jong-un regime still wants a relationship with the United States, but on its own terms. It rejects the idea that North Korea faces a strategic choice over whether or not to give up its nuclear program, instead arguing that the United States faces a strategic choice over whether or not to pursue peace with North Korea.  North Korea continues to take actions designed to put the question of denuclearization out of reach, both by continuing its uranium enrichment program on the ground and by pursuing more active economic ties with China, and, most probably with South Korea following the presidential election that will be held in that country in December.

North Korean moves toward limited economic reform without denuclearization, in combination with a peace offensive toward the United States, pose a serious challenge for U.S. policy coordination with both South Korea and China. A U.S. failure to persuade China and South Korea to insist on denuclearization as a prerequisite for economic engagement may lead to de facto acquiescence to a nuclear North Korea, while U.S. insistence on a denuclearization only approach could fail to win sufficient cooperation from new leaderships in China or South Korea early next year.

China Opposed to Extending S.Korea's Missile Range
The Chosun Ilbo. 9/6/12

China is apparently opposed to extending the range and payload of South Korean missiles, as is Japan. Opposition from the two neighbors could prove the final stumbling block in negotiations with the U.S about increasing the range and payload, which are restricted under a bilateral agreement.

Concerned that southwestern Japan could fall within the reach of South Korean missiles, Japan has been stepping up opposition to extending their range since President Lee Myung-bak's visit to Dokdo last month.

Since the negotiations between South Korea and the U.S. began in January of 2011, Washington has cited concerns from China and Japan as the main reason for maintaining the current cap, which limits the range to 300 km and payload to 500 kg.

Seoul wants to extend the range to 1,000 km and the payload to 1 ton.

But both China and Japan have the capacity to build intercontinental ballistic missiles, so critics say they are in no position to oppose increasing South Korea's capacity.

China's DF-21C missile has a range of 2,500 km, while the DF-31A can travel more than 10,000 km. Japan, meanwhile, has a three-stage, solid-fuel rocket that can be turned into an ICBM. "China and Japan do not want South Korea's military status to rise," said one diplomatic source here.

But the U.S. is still apparently opposed to South Korea using solid-fuel boosters. Such rockets are stronger and require less time to prepare for launch.

Also, Washington apparently does not want Seoul to transform civilian rockets for missile use or vice versa. The two sides are hoping to wrap up the talks this month. "The time has come for the U.S. to decide," said a high-ranking Defense Ministry official here.

China, Japan, Korea: Will History and Politics Trump Economics?
by Stephan Haggard | September 6th, 2012 |

While in Korea and Japan several weeks ago, sparks flared not only over the  Senkakus/Diaoyu/Diaoyutai Islands and Dokdo/Takeshima but the highly emotional issue of comfort women. As a result, we are about to have one of those quasi-natural experiments that social scientists love. Will history and politics trump economics? Or will growing interdependence pull the parties back to their senses, as South Korea’s thoughtful finance minister, Bahk Jae-wan has recently argued they should?

To date, the political ups and downs have operated on a separate track from a quite significant—but largely unremarked–trilateral economic diplomacy. The parties have signed a trilateral investment treaty and are now talking seriously about a free trade agreement. Can it last?

The Trilateral Summit was set in train by the first “CJK” joint leaders meeting on the sidelines of the ASEAN + 3 meeting in November 1999. But it soon became apparent that the three major Northeast Asian powers were not going to be bound by the lowest-common-denominator politics of the ASEAN political structures.

The CJK leaders started by endorsing a joint investment framework. The first set of consultations around the Trilateral Investment Agreement took place in May 2005; formal negotiations were launched in January 2007. In December 2008, the CJK held their first leaders’ summit in Fukuoka in the wake of the financial crisis. Further summits followed in October 2009 (Beijing) and May 2010 (Jeju), where an MOU was signed on the establishment of a Trilateral Cooperation Secretariat as well as the launch of a study group on a CJK FTA. At the fourth summit in September 2011, the three countries actually launched the Secretariat in Seoul.

To be sure, some commentators have made a mockery of the diplomatic jockeying at the May summit. And the risk of the politics undercutting the economics is real; according to the Wall Street Journal,  the Noda government was at least thinking about pulling back on a bilateral central bank swap agreement with South Korea in the wake of the Dokdo flare-up. But if you have a serious interest in the political economy of Northeast Asia, the 28-page Trilateral Investment Agreement is worth scanning. The agreement is not the TPP, but that is the point; the US is not the only game in town. The agreement is a serious effort, and the fact that it took a while to negotiate reflects that fact.

Some highlights:

Articles 1-4 and 22. The agreement does not conform with Ippei Yamazawa’s “Open Regionalism,” under which concessions are extended to outsiders. The only investments in the region that receive the protections of the agreement are those emanating from one of the three parties; an American firm with an operation in Japan is not covered, nor is that subsidiary’s investment in a branch in Korea or China. Article 22 (Denial of Benefits) goes so far as to specifically underscore the point. For these investments, the treaty aspires to national treatment (Article 3) and also MFN status (Article 4): investments from the three parties shall not receive explicit preference but neither shall they receive treatment any less favorable than those extended to either a contracting party or a non-contracting party.

Article 6. Investors will have access to the courts on standing no different than that accorded to domestic investors, a commitment that is far from uniform among the parties.

Article 7 prohibits performance requirements; this could affect Chinese policy in particular.

Article 9. Intellectual property rights commitments are limited; the agreement simply calls on each party to protect intellectual property in line with its own laws. Good luck with that.

Article 10. The transparency provision could matter; it calls on the parties to “promptly publish, or otherwise make publicly available, its laws, regulations, administrative procedures and administrative rulings and judicial decisions of general application.”

Article 11. The expropriation provisions appear weak to a Western eye but they do make reference to due process; again, good luck with that, but the normative commitment to principle is nonetheless of interest.

Article 12. The agreement appears to liberalize the capital account on all investment-related transactions, but with a major loophole with respect to “issuing, trading or dealing in securities, futures, options or other derivatives.” Article 19 also outlines the conditions under which countries can undertake “temporary safeguard measures” with respect to the capital account.

Article 15 outlines a complicated dispute-settlement process that begins with consultations but then allows the disputing party to choose from a menu of legal options that includes:

  • a competent court of the disputing Contracting Party;
  • arbitration in accordance with the ICSID Convention, if the ICSID Convention is available;
  •  arbitration under the ICSID Additional Facility Rules, if the ICSID Additional Facility Rules are available;
  • arbitration under the UNCITRAL Arbitration Rules or;
  • if agreed with the disputing Contracting Party, any arbitration in accordance with other arbitration rules.

The agreement does not create a unique CJK dispute settlement mechanism, but that is not necessarily bad if these organizational outsourcing options are available. Article 17 creates a similar arbitration process for disputes among the states parties.

It is wrong-headed to pooh-pooh the agreement as “shallow”; the point is that not everyone buys the US definition of a “high-quality agreement” and something far short of the TPP might still encourage investment and provide assurances. If CJK can reach agreement on an investment framework, is there any reason to think that they cannot produce their own kind of FTA? Or will history and politics get in the way?

North Korea, Russia helped Syria to develop chemical weapons
All Voices. 9/6/12 BY StephenManual

As the prolonged crisis in Syria refuses to go away, focus of the world powers, including the United States, is on chemical weapons arsenal of the violence-wracked country. The world powers, especially Israel, fear that the chemical weapons and other lethal material may land in the hands of terrorists and militants if Bashar al-Assad regime falls down. Fresh reports emerging from the volatile country suggest that North Korea and Russia helped Syria build chemical weapons arsenal to be used against Israel in case of war or any major conflict between both the countries.