US Terror Attack Victims Sue British American Tobacco Over Alleged North Korea Sanctions Violations Funding Missile Programme

American victims of terrorist attacks in Iraq have filed a civil complaint against British American Tobacco (BAT), alleging that the company knowingly provided material assistance to a North Korea–IRGC–Hizballah network responsible for producing the missiles used in those attacks.

The claim follows the earlier dismissal of criminal charges against BAT for violating US sanctions by selling cigarettes to North Korea through its subsidiary BATMS. Those charges were dropped after BAT was found to have complied with the terms of a deferred prosecution agreement (DPA) with the US Department of Justice. The claimants now argue that BATMS's admission of guilt under the DPA demonstrates that BAT "wilfully conspired" with North Korean arms traffickers, and that the company is therefore liable for the attacks under 18 U.S. Code § 2333.

The claimants' court filing sets out three central allegations:

• BAT's joint venture partner in North Korea was Office 39 — not, as BAT has claimed, the North Korean Tobacco Company. Office 39 is US-sanctioned under Executive Order 13551 for involvement in illicit activities connected to North Korea
• Office 39 functioned as a procurement arm for the missile programmes of both the IRGC and Hizballah, both of which are designated terrorist organisations under US law
• Currency generated by BAT's North Korean operations was transferred to fund North Korea's arms programmes and the production of the missiles ultimately used in the terrorist attacks against the claimants