EMBARGOED!: Recent Episodes
Miller & Chevalier
Intelligent talk about international trade for trade geeks and regular people alike, hosted by Miller & Chevalier Members Brian Fleming and Tim O'Toole.
Host Tim O'Toole is joined by colleagues Melissa Burgess and Collmann Griffin (Miller & Chevalier) and guest Rachel Alpert (Jenner & Block) to dive into the history of U.S. economic sanctions. Kicking off the episode, the group tackles a range of trivia questions about predecessors to OFAC, sanctions licensing, sanctions measures dating back to the Revolutionary War, and more. Draft-style, each participant then unpacks favorite and obscure sanctions programs and targets from Southern Rhodesia to unregulated fishing.
Roadmap:
- Update to Episode 98: Two Minutes about Tehran
- Trivia
- OFAC Predecessors
- OFAC FAQ 1
- Where to apply for a specific license
- Precursor to the SDN List
- Why are they called “Specially Designated Nationals”?
- On this date: February 18, 2020
- Definitions of the United States/OFAC's historic jurisdiction
- British comprehensive embargo of the U.S.
- First U.S. countersanctions and first U.S. embargo
- Draft Picks
- Southern Rhodesia and South Africa
- Danzig and Democratic Kampuchea
- Illegal, unreported, and unregulated fishing
- Revolutionary War sanctions
Thanks to our guests for joining us!
Rachel Alpert: https://www.jenner.com/en/people/rachel-alpert
Melissa Burgess: https://www.millerchevalier.com/professional/melissa-burgess
Collmann Griffin: https://www.millerchevalier.com/professional/collmann-griffin
Questions? Contact us at podcasts@milchev.com.
EMBARGOED! is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts. EMBARGOED! is intelligent talk about sanctions, export controls, and all things international trade for trade nerds and normal human beings alike. Each episode will feature deep thoughts and hot takes about the latest headline-grabbing developments in this area of the law, as well as some below-the-radar items to keep an eye on. Subscribe wherever you get your podcasts for new episodes so you don't miss out!
In this emergency episode, host Tim O'Toole is joined again by colleague Melissa Burgess (Miller & Chevalier) to discuss sanctions aspects of the June 17, 2026, Islamabad Memorandum of Understanding (MOU) between the U.S. and Iran and legal considerations impacting the lifting of sanctions against the Islamic Republic of Iran. The episode reviews paragraphs 7 and 10 of the MOU before taking a brief tour through the nearly 50-year history of sanctions on Iran and some of the key sanctions authorities. They discuss a sampling of reporting, waiver, and certification considerations, examine General License X, and share thoughts on some of the more difficult potential sanctions delistings.
Roadmap:
- Paragraphs 7 and 10 of the MOU
- Where do the Iran sanctions come from?
- Carter EO, Clinton EO, IEEPA, Iran Sanctions Act
- INARA and CISADA: certifications, waivers, and statutory sunset considerations
- General License X
- Hardest delistings
Thanks to Melissa for joining us! https://www.millerchevalier.com/professional/melissa-burgess
Questions? Contact us at podcasts@milchev.com.
EMBARGOED! is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts. EMBARGOED! is intelligent talk about sanctions, export controls, and all things international trade for trade nerds and normal human beings alike. Each episode will feature deep thoughts and hot takes about the latest headline-grabbing developments in this area of the law, as well as some below-the-radar items to keep an eye on. Subscribe wherever you get your podcasts for new episodes so you don't miss out!
In this episode, host Tim O'Toole is joined by special guests Brad Brooks-Rubin (Arktouros) and Dr. David Soud (I.R. Consilium), as well as colleagues Collmann Griffin and Melissa Burgess (Miller & Chevalier), to discuss the many connections between gold and sanctions. The episode begins by exploring gold as a natural resource, the gold supply chain, and the difficulties of tracing gold. We also examine gold as a payment mechanism throughout history, and gold's function in foreign exchange transactions. Along the way, the episode dives into restrictions on gold in sanctions programs from the early days of the Trading with the Enemy Act through current Russia and Venezuela sanctions, cartel involvement in the gold supply chain, and use of gold as a hedge against sanctions.
Roadmap:
- Gold 101
- What are the risks related to Venezuela gold, despite the recent sanctions lifting in that sector?
- What are the connections between gold and cartels?
- How did Russia seek to use gold as part of its countersanctions strategy? How did the United States respond?
- What is the connection between gold and conflict, for example in the DRC and Sudan? How can sanctions counter this?
Thanks to our guests for joining us!
Brad Brooks-Rubin: https://www.arktouros.co/team/bbr
Dr. David Soud: https://irconsilium.com/david-soud/
Melissa Burgess: https://www.millerchevalier.com/professional/melissa-burgess
Collmann Griffin: https://www.millerchevalier.com/professional/collmann-griffin
Questions? Contact us at podcasts@milchev.com.
EMBARGOED! is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts. EMBARGOED! is intelligent talk about sanctions, export controls, and all things international trade for trade nerds and normal human beings alike. Each episode will feature deep thoughts and hot takes about the latest headline-grabbing developments in this area of the law, as well as some below-the-radar items to keep an eye on. Subscribe wherever you get your podcasts for new episodes so you don't miss out!
In this episode, host Tim O'Toole is again joined by colleagues Collmann Griffin and Melissa Burgess (Miller & Chevalier) and special guests Erik Woodhouse (former Deputy Assistant Secretary for Counter Threat Finance and Sanctions in the Bureau of Economic and Business Affairs (EB) at the Department of State) and Joshua Kretman (former Deputy Assistant Secretary (Acting) in EB, who also spent several years as the lead sanctions attorney in the Office of the Legal Adviser at State). In part 2 of their discussion of State's role in sanctions, Erik and Josh address an unanswered question from part 1, then explain the coordination and separation between State and OFAC in licensing and enforcement. The discussion also covers a recent case addressing State’s power to designate and delist, as well as State's role when one of its decisions is challenged in court.
Roadmap:
- Separation between OFAC and State in enforcement
- State’s general role in sanctions license adjudication
- Sanctions enforcement versus sanctions implementation
- Challenging State designations, and the inherent power to delist
Thanks to our guest for joining us:
Joshua Kretman: https://www.dentons.com/en/joshua-kretman
Erik Woodhouse: https://www.crowell.com/en/professionals/erik-woodhouse
Melissa Burgess: https://www.millerchevalier.com/professional/melissa-burgess
Collmann Griffin: https://www.millerchevalier.com/professional/collmann-griffin
Questions? Contact us at podcasts@milchev.com.
EMBARGOED! is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts. EMBARGOED! is intelligent talk about sanctions, export controls, and all things international trade for trade nerds and normal human beings alike. Each episode will feature deep thoughts and hot takes about the latest headline-grabbing developments in this area of the law, as well as some below-the-radar items to keep an eye on. Subscribe wherever you get your podcasts for new episodes so you don't miss out!
In this episode, host Tim O’Toole is joined by colleagues Collmann Griffin and Melissa Burgess (Miller & Chevalier), and special guests Erik Woodhouse (former Deputy Assistant Secretary for Counter Threat Finance and Sanctions in the Bureau of Economic and Business Affairs (EB) at the Department of State) and Joshua Kretman (former Deputy Assistant Secretary (Acting) in EB, who also spent several years as the lead sanctions attorney in the Office of the Legal Adviser at State). In part 1 of this discussion, Erik and Josh explain the structure and various players working on sanctions within State, walk through the process of creating a new sanctions program, and discuss State's role in sanctions targeting.
Roadmap:
- Introductions and former positions at State
- Background on the State Department
- What role does State play in sanctions?
- Are there issues where State would want to hear from clients? What kinds of issues would you consider raising with State
- Venezuela: What role do you think State will play/is playing in this space?
Thanks to our guest for joining us:
Joshua Kretman: https://www.dentons.com/en/joshua-kretman
Erik Woodhouse: https://www.crowell.com/en/professionals/erik-woodhouse
Melissa Burgess: https://www.millerchevalier.com/professional/melissa-burgess
Collmann Griffin: https://www.millerchevalier.com/professional/collmann-griffin
Questions? Contact us at podcasts@milchev.com.
EMBARGOED! is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts. EMBARGOED! is intelligent talk about sanctions, export controls, and all things international trade for trade nerds and normal human beings alike. Each episode will feature deep thoughts and hot takes about the latest headline-grabbing developments in this area of the law, as well as some below-the-radar items to keep an eye on. Subscribe wherever you get your podcasts for new episodes so you don't miss out!
In this episode, Host Tim O'Toole is once again joined by Melissa Burgess, Counsel at Miller & Chevalier. Tim and Melissa discuss the major events and developments in 2025 for the Committee on Foreign Investment in the United States (CFIUS) and the Outbound Investment program that is sometimes referred to as "Reverse CFIUS" (because it involves restrictions on U.S. investment into foreign countries, rather than foreign investment in the U.S.). Tim and Melissa also shared their thoughts on what might be coming in 2026.
Thanks to our guest for joining us:
Melissa Burgess: https://www.millerchevalier.com/professional/melissa-burgess
Questions? Contact us at podcasts@milchev.com.
EMBARGOED! is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts. EMBARGOED! is intelligent talk about sanctions, export controls, and all things international trade for trade nerds and normal human beings alike. Each episode will feature deep thoughts and hot takes about the latest headline-grabbing developments in this area of the law, as well as some below-the-radar items to keep an eye on. Subscribe wherever you get your podcasts for new episodes so you don't miss out!
Host Tim O'Toole is joined by guests Melissa Burgess (Counsel at Miller & Chevalier) and Michael Burton (Partner at Jacobsen Burton Kelley) to make their draft picks from a pool of Bureau of Industry and Security (BIS) actions in 2025. Throughout the draft, they dissect each other’s choices, issue some compliments, suggest New Year's resolutions for the agency, and propose a new test for BIS agents. Picks include what BIS didn't do in 2025, the Affiliates Rule, and lifting comprehensive sanctions on Syria.
Thanks to our guests for joining us:
Michael Burton: https://www.jbktradelaw.com/michael-l-burton
Melissa Burgess: https://www.millerchevalier.com/professional/melissa-burgess
Questions? Contact us at podcasts@milchev.com.
EMBARGOED! is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts. EMBARGOED! is intelligent talk about sanctions, export controls, and all things international trade for trade nerds and normal human beings alike. Each episode will feature deep thoughts and hot takes about the latest headline-grabbing developments in this area of the law, as well as some below-the-radar items to keep an eye on. Subscribe wherever you get your podcasts for new episodes so you don't miss out!
Happy new year from your friends at EMBARGOED! Tim and Miller & Chevalier's Caroline Watson and Collmann Griffin draft the most significant OFAC events of 2025. The draft is three rounds and picks include sanctions relating to Iran, narco-trafficking, Yemen, Russia, Venezuela, Syria, China, and the International Criminal Court (ICC).
Thanks to our guests for joining us:
Collmann Griffin: https://www.millerchevalier.com/professional/collmann-griffin
Caroline Watson: https://www.millerchevalier.com/professional/caroline-j-watson
Questions? Contact us at podcasts@milchev.com.
EMBARGOED! is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts. EMBARGOED! is intelligent talk about sanctions, export controls, and all things international trade for trade nerds and normal human beings alike. Each episode will feature deep thoughts and hot takes about the latest headline-grabbing developments in this area of the law, as well as some below-the-radar items to keep an eye on. Subscribe wherever you get your podcasts for new episodes so you don't miss out!
On this episode of EMBARGOED!, host Tim O'Toole is joined by Miller & Chevalier's Collmann Griffin and Claire O'Neill McCleskey, former Head of the OFAC Compliance Division, to discuss sanctions compliance in the shipping industry.
Roadmap:
- Typologies
- Iran
- Russia, including Lukoil/Rosneft and price cap
- North Korea
- How can you protect yourself?
- Best commercial screening tools
- Tips for insurers
- Price cap
- EU/U.S. divergence
- Foreign Terrorist Organizations (FTOs)/cartels
- Tips for flag registries
- Are S2S transfers ever okay?
Thanks to our guests for joining us:
Claire O'Neill McCleskey: https://www.linkedin.com/in/claire-o-neill-mccleskey/
Collmann Griffin: https://www.millerchevalier.com/professional/collmann-griffin
Questions? Contact us at podcasts@milchev.com.
EMBARGOED! is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts. EMBARGOED! is intelligent talk about sanctions, export controls, and all things international trade for trade nerds and normal human beings alike. Each episode will feature deep thoughts and hot takes about the latest headline-grabbing developments in this area of the law, as well as some below-the-radar items to keep an eye on. Subscribe wherever you get your podcasts for new episodes so you don't miss out!
This week, host Tim O'Toole chats with Damien Spleeters (Conflict Armament Research) and return guest Collmann Griffin (Miller & Chevalier) about how bad actors use sophisticated evasion tactics to circumvent U.S. export controls and sanctions to obtain components America's adversaries need for missiles, drones, and other weapons systems.
Roadmap:
- Background on Conflict Armament Research (CAR), particularly CAR's work in Ukraine
- Western components that end up in Russian, Iranian, North Korean, and other weapons systems and how this overlaps with the BIS Common High Priority List (CHPL)
- A walkthrough of how an item makes its way from a U.S.-owned fabricator to a foreign weapons system
- Screening/due diligence steps recommended for manufacturers and distributors of high-priority items
Thanks to our guests for joining us:
Damien Spleeters: https://www.linkedin.com/in/damienspleeters/
Collmann Griffin: https://www.millerchevalier.com/professional/collmann-griffin
Questions? Contact us at podcasts@milchev.com.
EMBARGOED! is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts. EMBARGOED! is intelligent talk about sanctions, export controls, and all things international trade for trade nerds and normal human beings alike. Each episode will feature deep thoughts and hot takes about the latest headline-grabbing developments in this area of the law, as well as some below-the-radar items to keep an eye on. Subscribe wherever you get your podcasts for new episodes so you don't miss out!
On this episode of EMBARGOED!, host Tim O'Toole is joined by Matteson Ellis (Latin America Practice Lead at Miller & Chevalier) discuss all the sanctions news from Latin America, with a focus on recent developments in Mexico.
Roadmap:
- Introduction, Matt goes to Mexico
- Foreign Terrorist Organizations (FTOs) and LatAm
- Mexico, FTOs, and FinCEN orders
- What's happening on the ground
- The rest of LatAm
- Looking into the crystal ball
Thanks to Matt Ellis for joining us: https://www.millerchevalier.com/professional/matteson-ellis
Questions? Contact us at podcasts@milchev.com.
EMBARGOED! is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts. EMBARGOED! is intelligent talk about sanctions, export controls, and all things international trade for trade nerds and normal human beings alike. Each episode will feature deep thoughts and hot takes about the latest headline-grabbing developments in this area of the law, as well as some below-the-radar items to keep an eye on. Subscribe wherever you get your podcasts for new episodes so you don't miss out!
On this episode of EMBARGOED!, host Tim O'Toole, Miller & Chevalier Counsel Melissa Burgess and Collmann Griffin, and guest Chris Chamberlain of Morrison & Foerster continue their discussion of AI chip-related export controls, musing about Infrastructure-as-a-Service (IaaS) considerations, semiconductor manufacturing equipment (SME), and the much-anticipated BIS release of a 50 Percent Rule for the Entity List.
Roadmap:
- May 13, 2025, BIS Policy Statement on training AI models
- Controls on SME and balancing foreign policy, national security, and other reasons for control under the EAR
- Not reasons for control: Economic and other factors BIS does not consider determinative when assessing controls
- Pros and cons of BIS having an OFAC-style 50 Percent Rule for the Entity List
Thanks to our guests for joining us:
Chris Chamberlain: https://www.mofo.com/people/chris-chamberlain
Melissa Burgess: https://www.millerchevalier.com/professional/melissa-burgess
Collmann Griffin: https://www.millerchevalier.com/professional/collmann-griffin
Questions? Contact us at podcasts@milchev.com.
EMBARGOED! is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts. EMBARGOED! is intelligent talk about sanctions, export controls, and all things international trade for trade nerds and normal human beings alike. Each episode will feature deep thoughts and hot takes about the latest headline-grabbing developments in this area of the law, as well as some below-the-radar items to keep an eye on. Subscribe wherever you get your podcasts for new episodes so you don't miss out!
On this episode of EMBARGOED!, host Tim O'Toole is joined by Miller & Chevalier Counsel Melissa Burgess and Collmann Griffin, and guest Chris Chamberlain of Morrison & Foerster to review the evolution of export controls on AI chips from October 2022 to the present. The discussion explores the variety of tools BIS has employed as it wrestles with tailoring controls, the value of BIS "is informed" letters, and chip diversion.
Roadmap:
- The October 7 IFR and a brief tour of subsequent changes through May 2025
- Identifying a problem versus tailoring controls: Troubleshooting how to restrict access to the most advanced compute resources and the tools necessary to manufacture them
- Assessing the benefits to both BIS and industry of "is informed" letters
- Predictions for the next iteration of the AI Diffusion Rule
- A diversion into the problem of diversion: Red flags and tactics identified in the wild
Thanks to our guests for joining us:
Chris Chamberlain: https://www.mofo.com/people/chris-chamberlain
Melissa Burgess: https://www.millerchevalier.com/professional/melissa-burgess
Collmann Griffin: https://www.millerchevalier.com/professional/collmann-griffin
Questions? Contact us at podcasts@milchev.com.
EMBARGOED! is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts. EMBARGOED! is intelligent talk about sanctions, export controls, and all things international trade for trade nerds and normal human beings alike. Each episode will feature deep thoughts and hot takes about the latest headline-grabbing developments in this area of the law, as well as some below-the-radar items to keep an eye on. Subscribe wherever you get your podcasts for new episodes so you don't miss out!
Host Tim O'Toole discusses the latest EU sanctions on Russia with returning guests Collmann Griffin (Miller & Chevalier) and Dr. Tobias Ackermann (BLOMSTEIN). They focus on EU sanctions on Russia imposed that may be stricter than or conflict with their U.S. counterparts.
Roadmap:
- Logistics of the sanctions
- Imports and purchase - aluminum and Russian petroleum
- Software
- Finance and crypto
- "Best efforts" - EU operators that own or control non-EU entities, including U.S. companies with EU-based subsidiaries, are required to use “best efforts” to ensure that those entities do not undermine EU sanctions against Russia and Belarus
- "No Russia" and "No Belarus" clauses
- Future measures
Thanks to our guests for joining us:
Collmann Griffin: https://www.millerchevalier.com/professional/collmann-griffin
Dr. Tobias Ackermann: https://www.blomstein.com/en/team/dr-tobias-ackermann
Questions? Contact us at podcasts@milchev.com.
EMBARGOED! is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts. EMBARGOED! is intelligent talk about sanctions, export controls, and all things international trade for trade nerds and normal human beings alike. Each episode will feature deep thoughts and hot takes about the latest headline-grabbing developments in this area of the law, as well as some below-the-radar items to keep an eye on. Subscribe wherever you get your podcasts for new episodes so you don't miss out!
On this episode of EMBARGOED! Host Tim O'Toole is joined by guests Melissa Burgess (Miller & Chevalier) and Dr. Tobias Ackerman (BLOMSTEIN) to compare and contrast the foreign investment review regimes in the EU and Germany with the CFIUS process in the U.S.
Roadmap:
- Brief introduction to Germany's FDI regime and the EU regime
- A quick history of CFIUS
- Exploration of the types of transactions subject to review and mandatory versus voluntary filing triggers
- Summaries of the different filing and assessment processes
- Review of recent and pending FDI developments in the U.S. and EU, including the America First Investment Policy
Thanks to our guests for joining us:
Melissa Burgess: https://www.millerchevalier.com/professional/melissa-burgess
Dr. Tobias Ackermann: https://www.blomstein.com/en/team/dr-tobias-ackermann
Questions? Contact us at podcasts@milchev.com.
EMBARGOED! is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts. EMBARGOED! is intelligent talk about sanctions, export controls, and all things international trade for trade nerds and normal human beings alike. Each episode will feature deep thoughts and hot takes about the latest headline-grabbing developments in this area of the law, as well as some below-the-radar items to keep an eye on. Subscribe wherever you get your podcasts for new episodes so you don't miss out!
Host Tim O'Toole is joined by fellow Miller & Chevalier Member Leah Moushey to unpack the recent conviction of Tornado Cash co-founder Roman Storm for operating an unlicensed money transmitting business, an outcome that surprised many given the jury's deadlock on the more severe money laundering and sanctions charges.
The discussion explores how this case reflects the evolving enforcement landscape at the intersection of crypto, DeFi, and national security. Tim and Leah delve into the broader implications of the verdict including challenges regulators face in applying traditional AML and sanctions frameworks to new technology, including decentralized platforms.
Thanks to Leah Moushey for joining us: https://www.millerchevalier.com/professional/leah-moushey
Questions? Contact us at podcasts@milchev.com.
EMBARGOED! is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts. EMBARGOED! is intelligent talk about sanctions, export controls, and all things international trade for trade nerds and normal human beings alike. Each episode will feature deep thoughts and hot takes about the latest headline-grabbing developments in this area of the law, as well as some below-the-radar items to keep an eye on. Subscribe wherever you get your podcasts for new episodes so you don't miss out!
In this episode of EMBARGOED!, host Tim O'Toole and his guest, Miller & Chevalier Counsel Collmann Griffin, make predictions of what's next in sanctions and export controls, including Russia, Iran, Latin America, and AI chips.
Roadmap:
- Intro
- Upcoming Russia sanctions and tariffs
- Likelihood of an Iran deal
- Latin America, Foreign Terrorist Organizations, Mexico, Brazil, and human rights sanctions
- BIS, AI chips, 50% Rule
Thanks to Collmann Griffin for joining us: https://www.millerchevalier.com/professional/collmann-griffin
Questions? Contact us at podcasts@milchev.com.
EMBARGOED! is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts. EMBARGOED! is intelligent talk about sanctions, export controls, and all things international trade for trade nerds and normal human beings alike. Each episode will feature deep thoughts and hot takes about the latest headline-grabbing developments in this area of the law, as well as some below-the-radar items to keep an eye on. Subscribe wherever you get your podcasts for new episodes so you don't miss out!
On this episode of EMBAROGED!, host Tim O'Toole and his guests, Miller & Chevalier Counsel Melissa Burgess and Collmann Griffin, explore the various ways the U.S. government lifts sanctions programs and corresponding export controls.
Roadmap:
- So you want to lift sanctions: How can you do it? What complexities might be involved?
- A quick tour of history:
- Lifting sanctions under TWEA Section 5(b) in 1917
- Lifting sanctions on China between 1969 and 1980
- Syria sanctions and GL 25
- Eliminating easy sanctions programs: West Bank and Zimbabwe
- Lifting complex sanctions programs: Myanmar/Burma and Sudan; "zombie programs" like Libya
- How to lift restrictions when the sanctions program target is a State Sponsor of Terrorism
- Iraq sanctions programs: I, II, and III
Thanks to our guests for joining us:
Melissa Burgess: https://www.millerchevalier.com/professional/melissa-burgess
Collmann Griffin: https://www.millerchevalier.com/professional/collmann-griffin
Special thanks to summer associate Chenyang Wang for her assistance in preparing this episode.
Questions? Contact us at podcasts@milchev.com.
EMBARGOED! is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts. EMBARGOED! is intelligent talk about sanctions, export controls, and all things international trade for trade nerds and normal human beings alike. Each episode will feature deep thoughts and hot takes about the latest headline-grabbing developments in this area of the law, as well as some below-the-radar items to keep an eye on. Subscribe wherever you get your podcasts for new episodes so you don't miss out!
This week on EMBARGOED!, host Tim O'Toole is joined by Dr. Tobias Ackermann (BLOMSTEIN) and Caroline Watson (Miller & Chevalier) discuss the growing divergence between the U.S. and EU on key trade issues including economic sanctions on Russia, reciprocal tariffs, and export controls.
Roadmap:
- Increasing disparity between U.S. and EU regulations and policies, regarding Russia
- EU's release of 16th Sanctions Package on Russia in early March
- Changes in approach to Russia from the Biden administration to the Trump administration, including in collaboration with the EU and dialogue with Russia
- U.S.-EU trade war: new U.S. tariffs on the EU and EU countermeasures
- The "bazooka" – the EU's 2023 anti-coercion instrument and whether it could be used in response to U.S. tariffs
- Export controls and how the U.S. is reportedly pulling away from collaboration with the EU on the development of further controls
Thanks to our guests for joining us:
Dr. Tobias Ackermann: https://www.blomstein.com/en/team/dr-tobias-ackermann
Caroline Watson: https://www.millerchevalier.com/professional/caroline-j-watson
Questions? Contact us at podcasts@milchev.com.
EMBARGOED! is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts. EMBARGOED! is intelligent talk about sanctions, export controls, and all things international trade for trade nerds and normal human beings alike. Each episode will feature deep thoughts and hot takes about the latest headline-grabbing developments in this area of the law, as well as some below-the-radar items to keep an eye on. Subscribe wherever you get your podcasts for new episodes so you don't miss out!
On this episode of EMBARGOED!, Tim and guests Matt Fogarty (Lead Counsel – Trade & Human Rights, General Motors) and Caroline Watson (Counsel, Miller & Chevalier) talking about the new Information and Communications Technology and Services (ICTS) regulations with a focus on China, cars, and tech.
Roadmap:
- Background and rationale of ICTS regulations
- The amended ICTS transaction review regulations
- The new Connected Vehicle regulations
- Thoughts on the impact and trajectory of these regulations
Thanks to our guests for joining us:
Matt Fogarty: https://www.linkedin.com/in/matthew-fogarty-8286015/
Caroline Watson: https://www.millerchevalier.com/professional/caroline-j-watson
Questions? Contact us at podcasts@milchev.com.
EMBARGOED! is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts. EMBARGOED! is intelligent talk about sanctions, export controls, and all things international trade for trade nerds and normal human beings alike. Each episode will feature deep thoughts and hot takes about the latest headline-grabbing developments in this area of the law, as well as some below-the-radar items to keep an eye on. Subscribe wherever you get your podcasts for new episodes so you don't miss out!
Host Tim O'Toole and guests Melissa Burgess (Miller & Chevalier) and Johanna Reeves (Reeves & Dola, LLP) discuss changes to the ITAR that came into effect in 2024, proposed rules that could be finalized in 2025, and the enforcement outlook for the new year.
Roadmap:
- Updates: Addition of Nicaragua as a 126.1 country and new DDTC guidance for universities
- Deeper dives
- Expansion of § 120.54: Activities that are not exports, reexports, retransfers, or temporary imports
- AUKUS-related changes and new FAQs
- Proposed rules: defense services
- Enforcement: DDTC and BIS approaches in recent years, what does the future look like in the wake of Jarkesy and Loper Bright?
Thanks to our guests for joining us:
Melissa Burgess: https://www.millerchevalier.com/professional/melissa-burgess
Johanna Reeves: https://reevesdola.com/about-johanna-e-reeves
Questions? Contact us at podcasts@milchev.com.
EMBARGOED! is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts. EMBARGOED! is intelligent talk about sanctions, export controls, and all things international trade for trade nerds and normal human beings alike. Each episode will feature deep thoughts and hot takes about the latest headline-grabbing developments in this area of the law, as well as some below-the-radar items to keep an eye on. Subscribe wherever you get your podcasts for new episodes so you don't miss out!
On this episode, host Tim O'Toole and guests Richard Mojica and Laura Deegan of Miller & Chevalier discuss potential tariffs (including IEEPA and China) and sanctions changes (including Venezuela and Iran) in a second Trump term.
Thanks to our guests for joining us:
Richard Mojica: https://www.millerchevalier.com/professional/richard-mojica
Laura Deegan: https://www.millerchevalier.com/professional/laura-deegan
Questions? Contact us at podcasts@milchev.com.
EMBARGOED! is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts. EMBARGOED! is intelligent talk about sanctions, export controls, and all things international trade for trade nerds and normal human beings alike. Each episode will feature deep thoughts and hot takes about the latest headline-grabbing developments in this area of the law, as well as some below-the-radar items to keep an eye on. Subscribe wherever you get your podcasts for new episodes so you don't miss out!
On this week's EMBARGOED!, host Tim O'Toole and Miller & Chevalier's Melissa Burgess, with guest Don Pearce, currently a Senior Advisor with Torres Trade Advisory and a retired BIS Special Agent, discuss the role of BIS Special Agents in enforcement actions, plus updates to BIS enforcement policies, recent enforcement actions, and best practices for industry.
Roadmap:
- Introduction
- The role of BIS Special Agents in enforcement actions (compared with the roles of other agencies like HSI or OEE personnel involved in reviewing disclosures)
- How to respond to outreach or a visit from a BIS Special Agent and related tips
- Providing tips and investigation leads when industry suspects a customer is attempting to divert products: When should industry approach BIS once it identifies red flags? What kind of information is useful?
- Thoughts about the 2022–present changes to BIS enforcement and voluntary self-disclosure policies, including September 2024 regulatory changes
- Highlights from the newest Don’t Let This Happen to You
- Interesting features or lessons to learn from recent enforcement actions
Thanks to our guests for joining us:
Don Pearce: https://torrestradeadvisory.com/team/donald-pearce/
Melissa Burgess: https://www.millerchevalier.com/professional/melissa-burgess
Questions? Contact us at podcasts@milchev.com.
EMBARGOED! is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts. EMBARGOED! is intelligent talk about sanctions, export controls, and all things international trade for trade nerds and normal human beings alike. Each episode will feature deep thoughts and hot takes about the latest headline-grabbing developments in this area of the law, as well as some below-the-radar items to keep an eye on. Subscribe wherever you get your podcasts for new episodes so you don't miss out!
On this episode of EMBARGOED!, host Tim O'Toole and Miller & Chevalier Counsel Laura Deegan discuss how the upcoming U.S. elections could affect sanctions policy.
Roadmap:
- Introduction
- A new administration is coming - What would a President Harris do? What would a President Trump do?
- Changes in Treasury and State appointees
- Country by Country: Iran, Russia, North Korea, Venezuela, Cuba
Thanks to Laura Deegan for joining us: https://www.millerchevalier.com/professional/laura-deegan
Questions? Contact us at podcasts@milchev.com.
EMBARGOED! is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts. EMBARGOED! is intelligent talk about sanctions, export controls, and all things international trade for trade nerds and normal human beings alike. Each episode will feature deep thoughts and hot takes about the latest headline-grabbing developments in this area of the law, as well as some below-the-radar items to keep an eye on. Subscribe wherever you get your podcasts for new episodes so you don't miss out!
Host Tim O'Toole and Miller & Chevalier Senior Associate Melissa Burgess discuss export control considerations for universities, plus new export controls on advanced tech and revisions to the BIS voluntary self-disclosure regulations.
Roadmap:
- Introduction
- Upcoming speaking, podcasts, and events
- New BIS export control compliance resources for the academic community
- Compliance Note and Compendium of Resources (Aug. 14, 2024)
- Special issues in a university/research institute environment
- Best practices for university export control programs
- Recent enforcement actions
- New plurilateral approach to controls on advanced tech (Sept. 6, 2024)
- More tweaks to the BIS voluntary self-disclosure process (Sept. 16, 2024)
Thanks to Melissa Burgess for joining us: https://www.millerchevalier.com/professional/melissa-burgess
Questions? Contact us at podcasts@milchev.com.
EMBARGOED! is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts. EMBARGOED! is intelligent talk about sanctions, export controls, and all things international trade for trade nerds and normal human beings alike. Each episode will feature deep thoughts and hot takes about the latest headline-grabbing developments in this area of the law, as well as some below-the-radar items to keep an eye on. Subscribe wherever you get your podcasts for new episodes so you don't miss out!
This week on EMBARGOED!, host Tim O'Toole is joined by BLOMSTEIN's Dr. Florian Wolf and Hanna Sophie Kurtz to discuss the 14th EU sanctions package against Russia and other sanctions topics.
Roadmap:
- Introduction
- Background to the 14th EU sanctions package against Russia: Why was it necessary? Why was it delayed? What is its purpose, scope, and applicability? What are details of its legal framework and implementation in EU Member States?
- Content of the 14th sanctions package (best-effort obligation (Article 8a), prohibition to circumvent restrictive measures (12), No-Russia clause and No-Belarus clause (12g and 12ga), due diligence for export of common high-priority items and impact on companies (12gb), broadened listed goods (3k) and prohibition to provide services (5n)
- Parallel U.S. sanctions and an update on U.S. sanctions against Russia
Thanks to our guests for joining us:
Dr. Florian Wolf: https://www.blomstein.com/en/team/dr-florian-wolf
Hanna Sophie Kurtz: https://www.blomstein.com/en/team/hanna-sophie-kurtz
Questions? Contact us at podcasts@milchev.com.
EMBARGOED! is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts. EMBARGOED! is intelligent talk about sanctions, export controls, and all things international trade for trade nerds and normal human beings alike. Each episode will feature deep thoughts and hot takes about the latest headline-grabbing developments in this area of the law, as well as some below-the-radar items to keep an eye on. Subscribe wherever you get your podcasts for new episodes so you don't miss out!
On this episode of EMBARGOED!, host Tim O'Toole is joined by Miller & Chevalier attorneys Caroline Watson and Melissa Burgess to discuss U.S. controls on investment transactions under the CFIUS program and the new reverse CFIUS program, as well as the potential impact of the Supreme Court’s recent decision in SEC v. Jarkesy on enforcement by civil penalties.
Roadmap:
- Intro
- CFIUS
- Outbound Investment Program (reverse CFIUS)
- Enforcement
- Penalties and the impact of Jarkesy
Thanks to our guests for joining us:
Caroline Watson: https://www.millerchevalier.com/professional/caroline-j-watson
Melissa Burgess: https://www.millerchevalier.com/professional/melissa-burgess
Questions? Contact us at podcasts@milchev.com.
EMBARGOED! is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts. EMBARGOED! is intelligent talk about sanctions, export controls, and all things international trade for trade nerds and normal human beings alike. Each episode will feature deep thoughts and hot takes about the latest headline-grabbing developments in this area of the law, as well as some below-the-radar items to keep an eye on. Subscribe wherever you get your podcasts for new episodes so you don't miss out!
In this episode of EMBARGOED!, host Tim O'Toole and guests Eric Orsini (Lloyd's List Intelligence), Laura Deegan (Miller & Chevalier), and Manny Levitt (Miller & Chevalier) focus on the shipping industry and sanctions compliance. They talk about shipping, insurance, price caps and have an extended discussion of the Dark Fleet.
Road map:
- Introductions
- Introduction to the Price Cap
- Achieving Sanctions Goals
- Downstream Consequences
- The Dark Fleet
- How does China fit in?
- Compliance Considerations
- What's on the horizon from OFAC?
Thanks to our guests for joining us:
Eric Orsini: https://www.lloydslistintelligence.com/
Laura Deegan: https://www.millerchevalier.com/professional/laura-deegan
Manny Levitt: https://www.millerchevalier.com/professional/manuel-levitt
Questions? Contact us at podcasts@milchev.com.
EMBARGOED! is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts. EMBARGOED! is intelligent talk about sanctions, export controls, and all things international trade for trade nerds and normal human beings alike. Each episode will feature deep thoughts and hot takes about the latest headline-grabbing developments in this area of the law, as well as some below-the-radar items to keep an eye on. Subscribe wherever you get your podcasts for new episodes so you don't miss out!
In this episode of EMBARGOED, host Tim O'Toole and guest Erich Ferrari discuss common questions and issues related to the OFAC delisting process.
Thanks to Erich Ferrari for joining us: https://www.ferrariassociatespc.com/our-team/erich-ferrari/
Questions? Contact us at podcasts@milchev.com.
EMBARGOED! is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts. EMBARGOED! is intelligent talk about sanctions, export controls, and all things international trade for trade nerds and normal human beings alike. Each episode will feature deep thoughts and hot takes about the latest headline-grabbing developments in this area of the law, as well as some below-the-radar items to keep an eye on. Subscribe wherever you get your podcasts for new episodes so you don't miss out!
In this episode, host Tim O'Toole is joined by guest Doug Jacobson as they podcast live from the last day of the 2024 BIS Update Conference.
Roadmap:
- China
- Russia
- Semiconductors
- ICTS
- Part 744
- DDTC Update
Thanks to Doug Jacobson for joining us: https://www.jbktradelaw.com/douglas-n-jacobson
Questions? Contact us at podcasts@milchev.com.
EMBARGOED! is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts. EMBARGOED! is intelligent talk about sanctions, export controls, and all things international trade for trade nerds and normal human beings alike. Each episode will feature deep thoughts and hot takes about the latest headline-grabbing developments in this area of the law, as well as some below-the-radar items to keep an eye on. Subscribe wherever you get your podcasts for new episodes so you don't miss out!
On this episode of EMBARGOED!, host Tim O'Toole is joined by Miller & Chevalier Senior Associate Melissa Burgess explore the evolving role played by export controls in U.S. sanctions policy, and discuss a few recent developments.
Roadmap:
- "Sanctions are the New FCPA"
- OFAC’s revised approach to sanctions: 2021 to the present
- The role of BIS and export controls in response to Russia/Ukraine
- Second anniversary designation announcements (February 23, 2024)
- Recent subpoenas to maker of semiconductor manufacturing equipment
- Commerce’s March 1, 2024, ICTS supply chain ANPRM on “Connected Vehicles”
Thanks to Melissa Burgess for joining us: https://www.millerchevalier.com/professional/melissa-burgess
Questions? Contact us at podcasts@milchev.com.
EMBARGOED! is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts. EMBARGOED! is intelligent talk about sanctions, export controls, and all things international trade for trade nerds and normal human beings alike. Each episode will feature deep thoughts and hot takes about the latest headline-grabbing developments in this area of the law, as well as some below-the-radar items to keep an eye on. Subscribe wherever you get your podcasts for new episodes so you don't miss out!
In this episode of EMBAROGED!, host Tim O'Toole and his guest, fellow Miller & Chevalier attorney Laura Deegan, recap sanctions developments in 2023, focusing on developments in U.S. sanctions against Russia, Iran, Venezuela, and virtual currency companies.
Roadmap:
RUSSIA
- Sanctions designation trends
- New directive/determinations
- Sector-wide determinations under E.O. 14024 Section 1(a)(i)
- Service-related designations under E.O. 14071 Sections 1(a)(ii), 1(b), and 5
- Import-related restrictions under E.O. 14068 1(a)(i)(B), as amended
- Import-related restrictions under E.O. 14068 Sections 1(a)(i)(A) and 1(a)(i)(D)
- E.O. 14114 (amendment to E.O. 14024 and 14068)
- Price cap
IRAN
VENEZUELA
VIRTUAL CURRENCY
COUNTER-TERRORISM SANCTIONS
Thanks to Laura Deegan for joining us: https://www.millerchevalier.com/professional/laura-deegan
Questions? Contact us at podcasts@milchev.com.
EMBARGOED! is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts. EMBARGOED! is intelligent talk about sanctions, export controls, and all things international trade for trade nerds and normal human beings alike. Each episode will feature deep thoughts and hot takes about the latest headline-grabbing developments in this area of the law, as well as some below-the-radar items to keep an eye on. Subscribe wherever you get your podcasts for new episodes so you don't miss out!
In this episode, host Tim O'Toole and guest Scott Gearity, President of the Export Compliance Training Institute (ECTI), talk in-depth about the International Traffic in Arms Regulations (ITAR). They discuss the growing importance of the regulations related to the provision of defense services abroad by U.S. persons, the jurisdictional implications of importing of foreign made defense articles into the U.S., the growing compliance challenges of the deemed export rule, the recently revised Directorate of Defense Trade Controls (DDTC) compliance guidelines and risk matrices, the reorganization of the ITAR, the 10-year anniversary of export control reform (ECR), and the effect ECR has had on the Export Administration Regulations (EAR).
Roadmap:
- Introduction
- Defense services abroad
- Subject to the ITAR from coming into the U.S.
- Deemed export/SpaceX
- ITAR Part 120 rewrite
- DDTC revised compliance program guidance/risk matrix
- 10-year anniversary of ECR
- Complexity at the Bureau of Industry and Security (BIS)
Thanks to Scott Gearity for joining us: https://www.learnexportcompliance.com/people/scott-gearity/
Questions? Contact us at podcasts@milchev.com.
EMBARGOED! is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts.
EMBARGOED! is intelligent talk about sanctions, export controls, and all things international trade for trade nerds and normal human beings alike. Each episode will feature deep thoughts and hot takes about the latest headline-grabbing developments in this area of the law, as well as some below-the-radar items to keep an eye on. Subscribe wherever you get your podcasts for new bi-weekly episodes so you don't miss out!
On this episode of EMBARGOED!, host Tim O'Toole and guest Leah Moushey (Counsel, Miller & Chevalier) return to the subject of cryptocurrency mixers, specifically in the context of Tornado Cash and recent agency guidance. Their discussion looks at the recent federal ruling in a challenge to its designation brought by Tornado Cash and the subject of cryptocurrency and Office of Foreign Assets Control (OFAC) designations generally.
Roadmap:
- Introduction
- Tornado Cash
- OFAC Designation
- Storm and Semenov charged with conspiracy to commit sanctions violations
- FinCEN proposes new regulation to enhance transparency in convertible virtual currency mixing and combat terrorist financing
- Hamas virtual currency fundraising and sanctions
Thanks to Leah Moushey for joining us: https://www.millerchevalier.com/professional/leah-moushey
Questions? Contact us at podcasts@milchev.com.
EMBARGOED! is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts.
EMBARGOED! is intelligent talk about sanctions, export controls, and all things international trade for trade nerds and normal human beings alike. Each episode will feature deep thoughts and hot takes about the latest headline-grabbing developments in this area of the law, as well as some below-the-radar items to keep an eye on. Subscribe wherever you get your podcasts for new bi-weekly episodes so you don't miss out!
Tim and this week's guest, Miller & Chevalier Counsel Laura Deegan, talk about big recent changes to Venezuela sanctions, including a discussion of what happened, how long its expected to last, and what companies can do to better understand and comply with the changed sanctioned regime in Venezuela.
Roadmap:
The U.S. government suspended certain sanctions measures in three sectors of the Venezuelan economy: oil and gas, gold, and finance.
- Oil and Gas Sector/GL 44
- Gold Sector/GL 43
- Financial Sector/GL 3I and GL 9H
Thanks to Laura Deegan for joining us: https://www.millerchevalier.com/professional/laura-deegan
Questions? Contact us at podcasts@milchev.com.
EMBARGOED! is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts.
EMBARGOED! is intelligent talk about sanctions, export controls, and all things international trade for trade nerds and normal human beings alike. Each episode will feature deep thoughts and hot takes about the latest headline-grabbing developments in this area of the law, as well as some below-the-radar items to keep an eye on. Subscribe wherever you get your podcasts for new bi-weekly episodes so you don't miss out!
This week on EMBARGOED! host Tim O'Toole is joined by guests Dr. Laura Louca of Blomstein and Caroline Watson of Miller & Chevalier to talk about how EU and U.S. sanctions have evolved in the past 18 months in a time of growing sanctions infrastructure in Europe and growing coordination of policy in the U.S. They'll focus on similarities and differences in U.S. and EU regimes.
Roadmap:
- Before 2023 Russia sanctions
- Russia sanctions in 2023 have been very different
- Unprecedented coordination
- Key differences between U.S. and EU Russia sanctions
- Issuance
- Jurisdiction
- Licensing
- Seizure/expropriation of assets
- Recourse for sanctioned parties
- Challenges with divestment from Russia
- Export controls
Thanks to our guests for joining us:
Dr. Laura Louca: https://www.blomstein.com/en/team.php?p=dr-laura-louca
Caroline Watson: https://www.millerchevalier.com/professional/caroline-j-watson
Questions? Contact us at podcasts@milchev.com.
EMBARGOED! is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts.
EMBARGOED! is intelligent talk about sanctions, export controls, and all things international trade for trade nerds and normal human beings alike. Each episode will feature deep thoughts and hot takes about the latest headline-grabbing developments in this area of the law, as well as some below-the-radar items to keep an eye on. Subscribe wherever you get your podcasts for new bi-weekly episodes so you don't miss out!
This week, in light of the expanding multi-lateral sanctions against Russia and the focus on financial institutions as the front lines of sanctions compliance, host Tim O'Toole and guest Stéphanie Broekaart (Magara Sanctions and Export Controls Compliance Counseling) take a close look at the role of financial institutions in export controls and sanctions compliance.
Roadmap
- First things first: the exact role of banks in sanctions compliance
- List-based sanctions
- Embargoed countries and internal policies
- Humanitarian/non-sanctioned activities involving comprehensively sanctioned countries
- Enforcement
- Circumvention and evasion
Thanks to Stéphanie Broekaart for joining us: https://www.linkedin.com/in/st%C3%A9phanie-broekaart-05a2a462/
Questions? Contact us at podcasts@milchev.com.
EMBARGOED! is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts.
EMBARGOED! is intelligent talk about sanctions, export controls, and all things international trade for trade nerds and normal human beings alike. Each episode will feature deep thoughts and hot takes about the latest headline-grabbing developments in this area of the law, as well as some below-the-radar items to keep an eye on. Subscribe wherever you get your podcasts for new bi-weekly episodes so you don't miss out!
In this week's episode, Tim and guests John Boscariol (Partner, McCarthy Tetrault) and Stacy Keen (Partner, Pinsent Masons) focus on Canadian sanctions, including the evolution of the Russia sanctions, a comparison of Canadian and U.S. approaches to ownership and control issues, and a look at unique compliance challenges.
Roadmap:
- 50,000 foot primer on Canadian sanctions, including sanctions authority and enforcement
- Sanctions against Russia since Feb. 2022 and how Canadian sanctions have evolved
- Comparison of ownership and control approaches in the U.S. and Canada
- Challenge of ownership and control in the U.S., EU, and Canada
- Canadian approach (traditional and new legislation)
- Compliance challenges
Thanks to our guests for joining us:
John Boscariol: https://www.mccarthy.ca/en/people/john-boscariol
Stacy Keen: https://www.pinsentmasons.com/people/stacy-keen
Questions? Contact us at podcasts@milchev.com.
EMBARGOED! is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts.
EMBARGOED! is intelligent talk about sanctions, export controls, and all things international trade for trade nerds and normal human beings alike. Each episode will feature deep thoughts and hot takes about the latest headline-grabbing developments in this area of the law, as well as some below-the-radar items to keep an eye on. Subscribe wherever you get your podcasts for new bi-weekly episodes so you don't miss out!
In the wake of most recent round of sanctions against Russia, host Tim O'Toole and guest Dara Fernandez Perez (General Counsel – Trade Sanctions, EMEAI at Honeywell) discuss the impact of earlier sanctions packages, the challenges and opportunities those sanctions have created for the sanctions compliance and legal communities, and the particulars of the latest sanctions on both sides of the Atlantic.
Roadmap:
- Overview of Russia sanctions since February 2022 in the EU, U.K., and U.S.
- New EU and U.K. sanctions
- U.S. sanctions/export controls
- E.O. 14024: Authority to designate companies operating in Architecture, Engineering, Construction, Manufacturing, and Transportation
- E.O. 14071: Prohibition on architecture and engineering services
- Over 300 designations by OFAC/State, focusing on sanctions evasion, tech imports, and energy and extractive revenue, including Polyus (subject to wind-down GL)
- BIS Export Controls
- FinCEN-BIS Joint Alert
Thanks to Dara Fernandez Perez for joining us: https://www.linkedin.com/in/dara-fernandez-perez-2ab9a912/
Questions? Contact us at podcasts@milchev.com.
EMBARGOED! is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts.
EMBARGOED! is intelligent talk about sanctions, export controls, and all things international trade for trade nerds and normal human beings alike. Each episode will feature deep thoughts and hot takes about the latest headline-grabbing developments in this area of the law, as well as some below-the-radar items to keep an eye on. Subscribe wherever you get your podcasts for new bi-weekly episodes so you don't miss out!
Host Tim O'Toole is joined by guest Art Dicker (Senior Counsel with R&P China Lawyers in Shanghai) to discuss the ongoing TikTok legal saga. They'll outline the history of regulation and executive orders regarding TikTok and the proposed legislation addressing it moving forward.
Roadmap:
- History
- Commerce Department executive order under IEEPA
- CFIUS (music.ly acquisition)
- Supply Chain Notice of Rulemaking and EO (under IEEPA)
- Proposals
- Proposed legislation that would undo result of litigation by amending IEEPA
- Proposed legislation that would focus on data privacy concerns
Thanks to our guest, Art Dicker, for joining us: https://www.rplawyers.com/lawyer/art-dicker/
Questions? Contact us at podcasts@milchev.com.
EMBARGOED! is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts.
EMBARGOED! is intelligent talk about sanctions, export controls, and all things international trade for trade nerds and normal human beings alike. Each episode will feature deep thoughts and hot takes about the latest headline-grabbing developments in this area of the law, as well as some below-the-radar items to keep an eye on. Subscribe wherever you get your podcasts for new bi-weekly episodes so you don't miss out!
This week, host Tim O'Toole and our guest Roland Stein of the Blomstein law firm in Berlin review trade-related developments in Germany in 2022, particularly with regard to sanctions against Russia.
Roadmap:
- German export controls and sanctions
- German enforcement agency
- History of German enforcement pre-Russia
- IT prohibition
- Legal services prohibition
- Price caps
- Germany's Sanctions Enforcement Act II
- Germany's draft strategy paper on China
Thanks to our guest, Roland Stein, for joining us: https://www.blomstein.com/en/team.php?p=dr-roland-m-stein
Questions? Contact us at podcasts@milchev.com.
EMBARGOED! is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts.
EMBARGOED! is intelligent talk about sanctions, export controls, and all things international trade for trade nerds and normal human beings alike. Each episode will feature deep thoughts and hot takes about the latest headline-grabbing developments in this area of the law, as well as some below-the-radar items to keep an eye on. Subscribe wherever you get your podcasts for new bi-weekly episodes so you don't miss out!
Host Tim O'Toole is joined by Stephenson Harwood's Sue Millar to discuss the relatively new price caps on Russian crude oil and the coming price caps on petroleum products in both the U.S. and the U.K.
Thanks to our guest, Sue Millar, for joining us: https://www.shlegal.com/en/people/sue-millar
Questions? Contact us at podcasts@milchev.com.
EMBARGOED! is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts.
EMBARGOED! is intelligent talk about sanctions, export controls, and all things international trade for trade nerds and normal human beings alike. Each episode will feature deep thoughts and hot takes about the latest headline-grabbing developments in this area of the law, as well as some below-the-radar items to keep an eye on. Subscribe wherever you get your podcasts for new bi-weekly episodes so you don't miss out!
Happy New Year from EMBARGOED! In this episode, host Tim O'Toole is once again joined by Doug Jacobson from Jacobson Burton Kelley PLLC, this time to go over 2022's major U.S. export controls developments. They'll cover:
- Global developments
- BIS June 30, 2022 Administrative Enforcement Memo
- December 5, 2022 ITAR Compliance Program Guidelines
- Notable enforcement cases
- Country-specific developments
- Russia: special export controls restrictions, special rules for aircraft
- China: supercomputer rules
Thanks to our guest, Doug Jacobson, for joining us: https://www.jbktradelaw.com/douglas-n-jacobson
Questions? Contact us at podcasts@milchev.com.
EMBARGOED! is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts.
EMBARGOED! is intelligent talk about sanctions, export controls, and all things international trade for trade nerds and normal human beings alike. Each episode will feature deep thoughts and hot takes about the latest headline-grabbing developments in this area of the law, as well as some below-the-radar items to keep an eye on. Subscribe wherever you get your podcasts for new bi-weekly episodes so you don't miss out!
In this episode, Tim is joined by Kate Yin (Fangda Partners) and Miller & Chevalier's Richard Mojica and Virginia Newman to discuss due diligence and other issues arising from the newly implemented Uyghur Forced Labor Prevention Act. The group walks through the basics of the UFLPA, the challenges it creates for U.S. importers, the industries it targets for enforcement, and the rebuttable presumption for items traced to Xinjiang province. The group then turns to identify concrete steps companies are taking to comply with the UFLPA, including how companies are conducting necessary due diligence while at the same time navigating challenges posed by Chinese Anti-Foreign Sanctions law.
Thanks to our guests for joining us:
Kate Yin: https://www.fangdalaw.com/people/kate-yin/
Richard Mojica: https://www.millerchevalier.com/professional/richard-mojica
Virginia Newman: https://www.millerchevalier.com/professional/virginia-s-newman
Questions? Contact us at podcasts@milchev.com.
EMBARGOED! is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts.
EMBARGOED! is intelligent talk about sanctions, export controls, and all things international trade for trade nerds and normal human beings alike. Each episode will feature deep thoughts and hot takes about the latest headline-grabbing developments in this area of the law, as well as some below-the-radar items to keep an eye on. Subscribe wherever you get your podcasts for new bi-weekly episodes so you don't miss out!
This week, Tim is joined by Doug Jacobson from Jacobson Burton Kelley PLLC to discuss new export controls related to China that were put out on October 13, 2022. They'll cover:
- Unverified List and Entity List changes
- New export controls for certain advanced computing integrated circuits, supercomputer end uses, and Entity List modifications
- New controls for certain semiconductor manufacturing items and integrated circuits end uses
- Big changes to the EAR
Thanks to our guest, Doug Jacobson, for joining us: https://www.jbktradelaw.com/douglas-n-jacobson
Questions? Contact us at podcasts@milchev.com.
EMBARGOED! is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts.
EMBARGOED! is intelligent talk about sanctions, export controls, and all things international trade for trade nerds and normal human beings alike. Each episode will feature deep thoughts and hot takes about the latest headline-grabbing developments in this area of the law, as well as some below-the-radar items to keep an eye on. Subscribe wherever you get your podcasts for new bi-weekly episodes so you don't miss out!
On October 24, 2022, President Biden issued an executive order that created infrastructure that could lead to a significant increase in Nicaragua sanctions. In this emergency podcast, Tim is joined by fellow Miller & Chevalier Member Alejandra Montenegro Almonte and Senior Associate Manuel Levitt to discuss the specifics of the new sanctions order, and talk about what that could mean for Nicaragua and the region.
Questions? Contact us at podcasts@milchev.com.
EMBARGOED! is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts.
EMBARGOED! is intelligent talk about sanctions, export controls, and all things international trade for trade nerds and normal human beings alike. Each episode will feature deep thoughts and hot takes about the latest headline-grabbing developments in this area of the law, as well as some below-the-radar items to keep an eye on. Subscribe wherever you get your podcasts for new bi-weekly episodes so you don't miss out!
Tim is joined by Van Doorne's Neyah van der Aa for an in-depth discussion of current EU and Dutch sanctions enforcement. They'll touch on the new EU facilitation provision and the new EU limitation on legal services to Russia. In the lightning round, we're back to crypto with Bittrex.
Roadmap:
- EU sanctions enforcement
- Dutch sanctions enforcement
- New EU facilitation provision
- What does it mean
- Challenges
- Blocking statute
- New EU Limitation on legal services to Russia
- Governing law out of EU will that work for divestment?
- Lighting Round: Bittrex
Thanks to our guest, Neyah van der Aa, for joining us: https://www.vandoorne.com/en/specialists/neyah-van-der-aa/
Questions? Contact us at podcasts@milchev.com.
EMBARGOED! is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts.
EMBARGOED! is intelligent talk about sanctions, export controls, and all things international trade for trade nerds and normal human beings alike. Each episode will feature deep thoughts and hot takes about the latest headline-grabbing developments in this area of the law, as well as some below-the-radar items to keep an eye on. Subscribe wherever you get your podcasts for new bi-weekly episodes so you don't miss out!
And we're back! Tim and guest Tom Stocker of Pinsent Masons in Edinburgh discuss recent and forthcoming Russia sanctions developments in the U.S. and U.K.
Roadmap:
- Russia sanctions and multilateralism
- U.K. enforcement post-Brexit generally and how it could/has affected Russia sanctions enforcement
- Price caps! Sept. 2 G7 Agreement and OFAC guidance
- Quantum computing sanctions
- Lightning round
- Russian countermeasures update: Novation of contracts, payments through SDN banks, forced sales
- Predictions about energy-related sanctions
- Predictions about financial institution sanctions
Thanks to our guest, Tom Stocker, for joining us: https://www.pinsentmasons.com/people/tom-stocker
Questions? Contact us at podcasts@milchev.com.
EMBARGOED! is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts.
EMBARGOED! is intelligent talk about sanctions, export controls, and all things international trade for trade nerds and normal human beings alike. Each episode will feature deep thoughts and hot takes about the latest headline-grabbing developments in this area of the law, as well as some below-the-radar items to keep an eye on. Subscribe wherever you get your podcasts for new bi-weekly episodes so you don't miss out!
EMBARGOED! is going on hiatus for August and will be back in September with a new format. In the meantime, check out our back catalog and keep up to date with our trade alerts on millerchevalier.com.
Questions? Contact us at podcasts@milchev.com.
EMBARGOED! is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts.
EMBARGOED! is intelligent talk about sanctions, export controls, and all things international trade for trade nerds and normal human beings alike. Each episode will feature deep thoughts and hot takes about the latest headline-grabbing developments in this area of the law, as well as some below-the-radar items to keep an eye on. Subscribe wherever you get your podcasts for new bi-weekly episodes so you don't miss out!
In a landmark EMBARGOED! episode (our 50th!), Brian and Tim start with a Russia roundup to discuss the latest actions from OFAC, BIS, and DOJ. Next, they pivot to Cuba and discuss recent changes to the CACR and debate the likely impact. Finally, Brian and Tim cover the latest news out of Iran and prognosticate, once again, whether JCPOA 2.0 is dead or just on life support.
Questions? Contact us at podcasts@milchev.com.
EMBARGOED! is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts.
EMBARGOED! is intelligent talk about sanctions, export controls, and all things international trade for trade nerds and normal human beings alike, hosted by Miller & Chevalier Members Brian Fleming and Tim O'Toole. Each episode will feature deep thoughts and hot takes about the latest headline-grabbing developments in this area of the law, as well as some below-the-radar items to keep an eye on. Subscribe wherever you get your podcasts for new bi-weekly episodes so you don't miss out!
Roadmap:
- Introduction
- The Rundown
- Russia Roundup
- Cuba
- Point of No Return for JCPOA 2.0?
- Final Thoughts
Stay sanctions free.
In a refreshing change of pace, Brian and Tim spend time on one of their favorite non-Russia topics, China. First, they discuss President Biden's pledge to defend Taiwan from a PRC invasion and what it means (if anything). Next, they discuss the state of China's imports to Russia following the invasion of Ukraine and the growing debate over various proposals in the U.S. to create a "reverse CFIUS" process to review outbound investment to China and other countries of concern. Finally, Brian and Tim cover two new U.S. government advisories focused on North Korean IT workers and Sudan, respectively.
Questions? Contact us at podcasts@milchev.com.
EMBARGOED! is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts.
EMBARGOED! is intelligent talk about sanctions, export controls, and all things international trade for trade nerds and normal human beings alike, hosted by Miller & Chevalier Members Brian Fleming and Tim O'Toole. Each episode will feature deep thoughts and hot takes about the latest headline-grabbing developments in this area of the law, as well as some below-the-radar items to keep an eye on. Subscribe wherever you get your podcasts for new bi-weekly episodes so you don't miss out!
Roadmap:
- Introduction
- The Rundown
- Biden Vows to Defend Taiwan
- Chinese Exports to Russia Decline
- Reverse CFIUS
- DPRK IT Worker Advisory
- Lightning Round: Sudan Business Advisory
- Final Thoughts
Stay sanctions free.
Brian and Tim kick things off by briefly covering OFAC's issuance, on the eve of Victory Day, of two determinations aimed at disrupting Russia's use of accounting, trust and corporate formation, and management consulting services. Next, they discuss recent public comments by the Deputy Attorney General proclaiming that, as a DOJ enforcement priority, sanctions are the new FCPA. We also check in on what China has been up to lately (with respect to Russia) and share a few thoughts on the recently issued Ukraine-/Russia-Related Sanctions Regulations. Finally, in the Lightning Round, they briefly cover the unsealing of indictments against Virgil Griffith's alleged co-conspirators and debate what it could mean that Nicaragua's ruling family has reportedly reached out to the U.S. seeking sanctions relief.
Questions? Contact us at podcasts@milchev.com.
EMBARGOED! is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts.
EMBARGOED! is intelligent talk about sanctions, export controls, and all things international trade for trade nerds and normal human beings alike, hosted by Miller & Chevalier Members Brian Fleming and Tim O'Toole. Each episode will feature deep thoughts and hot takes about the latest headline-grabbing developments in this area of the law, as well as some below-the-radar items to keep an eye on. Subscribe wherever you get your podcasts for new bi-weekly episodes so you don't miss out!
Roadmap:
- Introduction
- The Rundown
- Sanctions are the New FCPA
- China and Russia
- New Ukraine-/Russia-Related Sanctions Regulations Issued
- Lightning Round
- European Co-Conspirators of Virgil Griffith Charged
- Nicaragua Reaches Out for Sanctions Relief
- Final Thoughts
Stay sanctions free.
After a brief break, Brian and Tim are back to catch up on all things Russia, including the biggest compliance challenges thus far, the recent U.S. ban on "new investment," and where things could be headed in the coming months. Next, they head to SDNY to discuss a notable recent sentencing in a North Korea sanctions case. Finally, in the Lightning Round, Brian and Tim debate the role and impact of sanctions-like bans in the world of international sports.
Questions? Contact us at podcasts@milchev.com.
EMBARGOED! is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts.
EMBARGOED! is intelligent talk about sanctions, export controls, and all things international trade for trade nerds and normal human beings alike, hosted by Miller & Chevalier Members Brian Fleming and Tim O'Toole. Each episode will feature deep thoughts and hot takes about the latest headline-grabbing developments in this area of the law, as well as some below-the-radar items to keep an eye on. Subscribe wherever you get your podcasts for new bi-weekly episodes so you don't miss out!
Roadmap:
- Introduction
- The Rundown
- Latest on the U.S. Response to the Russian Invasion of Ukraine
- Sentencing of Virgil Griffith in SDNY
- Lightning Round: U.S. v. Iran in the World Cup
- Final Thoughts
Stay sanctions free.
With escalating U.S. and international sanctions and export controls further isolating Russia, and no end in sight to the conflict in Ukraine, Brian and Tim share their thoughts on surprising developments thus far, as well as the regulatory and practical challenges faced by companies whether they are seeking to wind down operations in Russia or stick it out. They also provide a brief recap of the most significant actions of the past few weeks and ponder what could be coming next. Finally, in the Lightning Round, Brian and Tim cover the latest on JCPOA 2.0 and reports that a deal is within reach.
Questions? Contact us at podcasts@milchev.com.
EMBARGOED! is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts.
EMBARGOED! is intelligent talk about sanctions, export controls, and all things international trade for trade nerds and normal human beings alike, hosted by Miller & Chevalier Members Brian Fleming and Tim O'Toole. Each episode will feature deep thoughts and hot takes about the latest headline-grabbing developments in this area of the law, as well as some below-the-radar items to keep an eye on. Subscribe wherever you get your podcasts for new bi-weekly episodes so you don't miss out!
Roadmap:
- Introduction
- Deep thoughts and latest updates on all things Russia
- Lightning Round: JCPOA 2.0
- Final thoughts
Stay sanctions free.
After a tumultuous and historic week, Brian and Tim gather themselves to discuss the U.S. (and global) response to Russia's invasion of Ukraine. They start by diving in to the broad, coordinated economic sanctions aimed at debilitating Russia's financial sector and Putin's inner circle, debate how well the new measures will work, and contemplate what could be coming next. They next turn to the significant expansion of export controls implicating Russia and discuss the likely impact. Finally, in the Lightning Round, Brian and Tim bid farewell to DOJ's China Initiative and read between the lines to decipher DOJ's ongoing priorities.
Questions? Contact us at podcasts@milchev.com.
EMBARGOED! is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts.
EMBARGOED! is intelligent talk about sanctions, export controls, and all things international trade for trade nerds and normal human beings alike, hosted by Miller & Chevalier Members Brian Fleming and Tim O'Toole. Each episode will feature deep thoughts and hot takes about the latest headline-grabbing developments in this area of the law, as well as some below-the-radar items to keep an eye on. Subscribe wherever you get your podcasts for new bi-weekly episodes so you don't miss out!
Roadmap:
- Introduction
- The Rundown
- U.S. Response to Russian Invasion of Ukraine (Sanctions)
- U.S. Response to Russian Invasion of Ukraine (Export Controls)
- Lightning Round
- DOJ's China Initiative = DONE
- Final Thoughts
Stay sanctions free.
Brian and Tim discuss the new E.O. aimed at resolving the question of what to do with Da Afghanistan Bank’s assets in the U.S. and debate whether it will work as intended. Next, they place bets on whether it’s too late for JCPOA 2.0 to happen and discuss how far the U.S. may be prepared to go to impose costs on China if it disregards the (possible) “crushing” sanctions that could be imposed upon Russia. Finally, Brian and Tim stick with China to briefly cover the recently unsealed trade secret theft charges against Hytera Communications and an atypical CFIUS review initiated by a U.S. company unhappy with its Chinese investors.
Questions? Contact us at podcasts@milchev.com.
EMBARGOED! is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts.
EMBARGOED! is intelligent talk about sanctions, export controls, and all things international trade for trade nerds and normal human beings alike, hosted by Miller & Chevalier Members Brian Fleming and Tim O'Toole. Each episode will feature deep thoughts and hot takes about the latest headline-grabbing developments in this area of the law, as well as some below-the-radar items to keep an eye on. Subscribe wherever you get your podcasts for new bi-weekly episodes so you don't miss out!
Roadmap:
- Introduction
- The Rundown
- New Afghanistan E.O.
- JCPOA 2.0 Predictions
- Russia and China are BFFs?
- Hytera TS Theft Indictment
- The Curious Case of Icon Aircraft and CFIUS
- Final Thoughts
Stay sanctions free.
This week on EMBARGOED!, Brian and Tim cover three of their favorite topics: Russia, Iran, and China. First, they discuss the latest U.S. threat to deploy Huawei-style foreign direct product rule restrictions on exports to Russia. Next, they consider whether it is truly now or never for JCPOA 2.0 and, then, contemplate the future of DOJ’s China Initiative in the wake of a high-profile dismissal. Finally, in the Lightning Round, Brian and Tim go below deck to provide some perspective on recent developments in a Helms-Burton lawsuit targeting major players in the cruise industry and share some quick thoughts on the new U.S. government advisory regarding Burma (Myanmar).
Questions? Contact us at podcasts@milchev.com.
EMBARGOED! is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts.
EMBARGOED! is intelligent talk about sanctions, export controls, and all things international trade for trade nerds and normal human beings alike, hosted by Miller & Chevalier Members Brian Fleming and Tim O'Toole. Each episode will feature deep thoughts and hot takes about the latest headline-grabbing developments in this area of the law, as well as some below-the-radar items to keep an eye on. Subscribe wherever you get your podcasts for new bi-weekly episodes so you don't miss out!
Roadmap:
- Introduction
- The Rundown
- FDPR Weaponized Against Russia
- Now or Never for JCPOA 2.0
- The End of DOJ's China Initiative?
- Lightning Round
- Helms-Burton Litigation Update - Havana Docks v. the Cruise Lines
- Newly Issued Burma Business Advisory
- Final Thoughts
Stay sanctions free.
Brian and Tim kick off 2022 by diving deep on Russia and the crisis brewing at Ukraine's border. They discuss the "punishing" sanctions that could be coming if Russia invades Ukraine, Nord Stream 2 (of course), and what companies should be doing right now to prepare for the worst and mitigate risk. In the Lightning Round, Brian and Tim share quick thoughts on the Uyghur Forced Labor Prevention Act, new Commerce Department appointments, and OFAC's recent enforcement action against Airbnb Payments.
Questions? Contact us at podcasts@milchev.com.
EMBARGOED! is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts.
EMBARGOED! is intelligent talk about sanctions, export controls, and all things international trade for trade nerds and normal human beings alike, hosted by Miller & Chevalier Members Brian Fleming and Tim O'Toole. Each episode will feature deep thoughts and hot takes about the latest headline-grabbing developments in this area of the law, as well as some below-the-radar items to keep an eye on. Subscribe wherever you get your podcasts for new bi-weekly episodes so you don't miss out!
Roadmap:
- Introduction
- The Rundown: RUSSIA!
- Lightning Round
- Enactment of the Uyghur Forced Labor Prevention Act
- New Commerce Department Appointments Take Their Posts
- OFAC Settlement with Airbnb
- Final Thoughts
Stay sanctions free.
In the year's final episode, Brian and Tim run through a Lightning Round-style discussion of the top economic sanctions and export controls stories of 2021. In no particular order, they discuss: the U.S. hitting the policy reset button, successful court challenges, China!, the slow death of JCPOA 2.0, virtual currency and ransomware, Russia's reemergence, turbulent times yield lots of new sanctions programs and policies, Huawei's CFO gets a DPA, all quiet in the Americas, and a renewed focus on anti-corruption, democracy, and human rights. See you in 2022! Stay sanctions free!
Questions? Contact us at podcasts@milchev.com.
EMBARGOED! is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts.
EMBARGOED! is intelligent talk about sanctions, export controls, and all things international trade for trade nerds and normal human beings alike, hosted by Miller & Chevalier Members Brian Fleming and Tim O'Toole. Each episode will feature deep thoughts and hot takes about the latest headline-grabbing developments in this area of the law, as well as some below-the-radar items to keep an eye on. Subscribe wherever you get your podcasts for new bi-weekly episodes so you don't miss out!
Roadmap:
- Introduction
- Hitting the Reset Button (Treasury sanctions review, end of ICC E.O., end of TikTok ban, big refresh on E.O. 13959)
- Successful Court Challenges to Less Than Successful Policies and E.O.s (Xiaomi, Lukong, TikTok/WeChat, ICC E.O.)
- China, China, China
- No JCPOA 2.0
- Virtual Currency and Ransomware
- Russia Back in Focus
- Turbulent Times = Lots of New Sanctions Programs/Actions (Afghanistan, Burma, Ethiopia, Yemen)
- Huawei CFO DPA
- Venezuela/Cuba/Nicaragua
- Focus on Anti-corruption, Democracy, and Human Rights
- Honorable Mentions - North Korea, DOJ Enforcement Focus
- Final Thoughts
Stay sanctions free.
Before turning to some old favorites, Brian and Tim cover some fresh new topics, including the first designations under, and tailored aims of, the new Ethiopia-related sanctions program and the Cambodia Business Advisory on High-Risk Investments and Interactions. Next, they discuss recent actions to combat Iran's attempts to interfere in the 2020 U.S. presidential election and Russia's latest provocations with respect to Ukraine and Europe's energy supply. Finally, in the Lightning Round, Brian and Tim briefly consider a possible U.S. diplomatic boycott of the Beijing Olympics and the end of OFAC's Burundi sanctions program.
Questions? Contact us at podcasts@milchev.com.
EMBARGOED! is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts.
EMBARGOED! is intelligent talk about sanctions, export controls, and all things international trade for trade nerds and normal human beings alike, hosted by Miller & Chevalier Members Brian Fleming and Tim O'Toole. Each episode will feature deep thoughts and hot takes about the latest headline-grabbing developments in this area of the law, as well as some below-the-radar items to keep an eye on. Subscribe wherever you get your podcasts for new bi-weekly episodes so you don't miss out!
Roadmap:
- Introduction
- The Rundown
- New Ethiopia E.O. and Designations
- Cambodia Business Advisory
- Election Interference by Iranian Cyber Actors
- Warning Russia on Ukraine and EU Energy Supply
- Lightning Round
- U.S. Close to Announcing Diplomatic Boycott of Beijing Olympics?
- End of the Burundi Sanctions Program
- Final Thoughts
Stay sanctions free.
Brian and Tim give thanks for having no shortage of China topics to cover (ever), which include BIS's new interim final rule establishing controls on certain items that can be used for malicious cyber activities, authorized (and possibly unauthorized) exports to Huawei, the FCC's revocation and termination of China Telecom Americas' license, and a brief Lightning Round discussion of the latest on Taiwan. In the middle of all that China content, Brian and Tim also discuss the possible implications of a recent FSIA ruling in the Halkbank case.
Questions? Contact us at podcasts@milchev.com.
EMBARGOED! is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts.
EMBARGOED! is intelligent talk about sanctions, export controls, and all things international trade for trade nerds and normal human beings alike, hosted by Miller & Chevalier Members Brian Fleming and Tim O'Toole. Each episode will feature deep thoughts and hot takes about the latest headline-grabbing developments in this area of the law, as well as some below-the-radar items to keep an eye on. Subscribe wherever you get your podcasts for new bi-weekly episodes so you don't miss out!
Roadmap:
- Introduction
- The Rundown
- New BIS Interim Final Rule re: Cybersecurity Items and New Entity Lists Additions
- Supplying Huawei
- Team Telecom and China Telecom
- Halkbank Ruling re: FSIA
- Lightning Round
- U.S. Support for Taiwan at the UN
- Final Thoughts
Stay sanctions free.
Brian and Tim kick things off by dissecting the results of The Treasury 2021 Sanctions Review, which charts a (somewhat) new path for OFAC-administered sanctions. We debate what it all means and where things could be headed in the future. Next, we focus on OFAC’s latest guidance for the virtual currency industry and how that ties together with DOJ’s announcement of a new National Cryptocurrency Enforcement Team and redoubled efforts to investigate and prosecute export controls and sanctions violations. We then move to China to consider the messy circumstances surrounding ZTE’s court-appointed monitor and an even messier foreign policy situation currently brewing between the U.S. and China over Taiwan. Finally, in the Lightning Round, we share quick thoughts on the extradition of Alex Saab and the impact on the Maduro regime before turning to JCPOA 2.0 to ponder whether the door to a deal is just about closed.
Questions? Contact us at podcasts@milchev.com.
EMBARGOED! is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts.
EMBARGOED! is intelligent talk about sanctions, export controls, and all things international trade for trade nerds and normal human beings alike, hosted by Miller & Chevalier Members Brian Fleming and Tim O'Toole. Each episode will feature deep thoughts and hot takes about the latest headline-grabbing developments in this area of the law, as well as some below-the-radar items to keep an eye on. Subscribe wherever you get your podcasts for new bi-weekly episodes so you don't miss out!
Roadmap:
- Introduction
- The Rundown
- New OFAC Guidance for Virtual Currency Industry
- DOJ Enforcement
- ZTE's Forever Monitorship
- A Dangerous Game of Chicken Over Taiwan
- Lightning Round
- Extradition of Alex Saab and Impact on Maduro Regime
- Requiem for JCPOA 2.0?
- Final Thoughts
Stay sanctions free.
Brian and Tim are back to discuss ransoms of all shapes and sizes. First, they tackle OFAC’s new ransomware guidance and contemplate what it means for the risk faced by victims and others within the ransomware payment ecosystem. Next, Brian and Tim discuss recent OFAC settlements addressing Directive 4 and facilitation and, then, dive deep on the big announcement that DOJ resolved the criminal case against Huawei’s CFO with a DPA. Finally, in the Lightning Round, they share quick thoughts on the guilty plea entered by a cryptocurrency expert for conspiring to violate the North Korea sanctions.
Questions? Contact us at podcasts@milchev.com.
EMBARGOED! is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts.
EMBARGOED! is intelligent talk about sanctions, export controls, and all things international trade for trade nerds and normal human beings alike, hosted by Miller & Chevalier Members Brian Fleming and Tim O'Toole. Each episode will feature deep thoughts and hot takes about the latest headline-grabbing developments in this area of the law, as well as some below-the-radar items to keep an eye on. Subscribe wherever you get your podcasts for new bi-weekly episodes so you don't miss out!
Roadmap:
- Introduction
- The Rundown
- New Ransomware Advisory and Designation
- OFAC Settlement - Directive 4 and Facilitation
- Huawei CFO Gets a DPA
- Lightning Round
- Ethereum Developer Pleads Guilty to DPRK Sanctions
- Final Thoughts
On this all Lightning Round episode, Brian and Tim check in on JCPOA 2.0, the latest on Afghanistan, more sanctions targeting Russia, a new Belarus E.O., CFIUS’s continued focus on China and semiconductors, a recent OFAC enforcement action highlighting risks for non-U.S. subsidiaries of U.S. companies, and a brand new OFAC sanctions program relating to Ethiopia.
Questions? Contact us at podcasts@milchev.com.
EMBARGOED! is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts.
EMBARGOED! is intelligent talk about sanctions, export controls, and all things international trade for trade nerds and normal human beings alike, hosted by Miller & Chevalier Members Brian Fleming and Tim O'Toole. Each episode will feature deep thoughts and hot takes about the latest headline-grabbing developments in this area of the law, as well as some below-the-radar items to keep an eye on. Subscribe wherever you get your podcasts for new bi-weekly episodes so you don't miss out!
Roadmap:
- Introduction
- JCPOA 2.0 Update
- Afghanistan Update
- More Nord Stream 2 Sanctions and Navalny Anniversary
- Expanded Belarus Sanctions
- CFIUS Set to Block China Semiconductor Deal
- OFAC Settlement with First Bank and JC Flowers
- New Ethiopia E.O.
- Final Thoughts
Stay sanctions free.
Back from summer vacation, Brian and Tim welcome guest Michael Griffiths of Global Investigations Review (GIR) to discuss his recent survey of U.S. trade practitioners, who were asked to identify the most influential OFAC and BIS enforcement actions of the past few years. Then, Brian and Tim focus on the top story of the past month, Afghanistan, to forecast what U.S. sanctions policy may look like in the face of Taliban rule and what measures the U.S. may take to avoid a full blown humanitarian crisis.
Questions? Contact us at podcasts@milchev.com.
EMBARGOED! is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts.
EMBARGOED! is intelligent talk about sanctions, export controls, and all things international trade for trade nerds and normal human beings alike, hosted by Miller & Chevalier Members Brian Fleming and Tim O'Toole. Each episode will feature deep thoughts and hot takes about the latest headline-grabbing developments in this area of the law, as well as some below-the-radar items to keep an eye on. Subscribe wherever you get your podcasts for new bi-weekly episodes so you don't miss out!
Brian and Tim check in on a wide range of topics, including the newly issued Hong Kong Business Advisory, the U.S. response to the crackdown in Cuba, the fate of Nord Stream 2, and the (possibly dimming?) prospects for JCPOA 2.0. Then, in the Lightning Round, we spend a few minutes sharing our thoughts on the first six months of sanctions and export controls enforcement activity under the Biden administration.
Questions? Contact us at podcasts@milchev.com.
EMBARGOED! is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts. EMBARGOED! is intelligent talk about sanctions, export controls, and all things international trade for trade nerds and normal human beings alike, hosted by Miller & Chevalier Members Brian Fleming and Tim O'Toole. Each episode will feature deep thoughts and hot takes about the latest headline-grabbing developments in this area of the law, as well as some below-the-radar items to keep an eye on. Subscribe wherever you get your podcasts for new bi-weekly episodes so you don't miss out!
Timestamps:
0:10 Introduction and Roadmap
The Rundown 4:30 Hong Kong Business Advisory 14:38 The Cuban People Rise Up... and Sanctions Follow 27:34 U.S.-Germany Agreement on Nord Stream 2 39:10 The Latest on JCPOA 2.0
52:45 Lightning Round: Early Trends in Biden Era Enforcement
1:05:55 Final Thoughts
Stay sanctions free.
Brian and Tim are joined by their Miller & Chevalier colleagues, Richard Mojica and Nate Lankford, to dive deep on the problem of forced labor and the ways multinational companies are reckoning with this human rights crisis (in Xinjiang and beyond). Specifically, we dig in on the broader universe of business and human rights considerations that global actors must now manage (including the impact of U.S. policy aimed at decoupling from China), examine the recent spike in forced labor-related enforcement led by CBP, and discuss practical challenges and strategies for multinational companies to develop effective compliance programs in this area of increasing importance.
Thanks to our guests:
- Richard Mojica: https://www.millerchevalier.com/professional/richard-mojica
- Nate Lankford: https://www.millerchevalier.com/professional/nate-lankford
Questions? Contact us at podcasts@milchev.com.
EMBARGOED! is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts. EMBARGOED! is intelligent talk about sanctions, export controls, and all things international trade for trade nerds and normal human beings alike, hosted by Miller & Chevalier Members Brian Fleming and Tim O'Toole. Each episode will feature deep thoughts and hot takes about the latest headline-grabbing developments in this area of the law, as well as some below-the-radar items to keep an eye on. Subscribe wherever you get your podcasts for new bi-weekly episodes so you don't miss out!
Timestamps:
0:10 Introduction and Roadmap 1:38 Guest Introductions: Richard Mojica and Nate Lankford
The Rundown 3:52 Background on Business & Human Rights and Forced Labor 19:52 Customs and Border Protection Enforcement 47:22 Compliance Considerations
1:11:43 Final Thoughts
Stay sanctions free.
Brian and Tim try to decipher recent signals that JCPOA 2.0 may be in trouble and share their thoughts on what to look for during the coming weeks. We next turn to the new multilateral sanctions recently imposed on Belarus before checking in on China to discuss the merciful end of the #tiktokban (and what’s on the horizon under E.O. 14034), as well as recent aggressive actions by the U.S. targeting forced labor. Finally, in the Lightning Round, we do a quick dissection of the court decision dismissing Oleg Deripaska’s challenge to his SDN listing and offer thoughts on OFAC’s recent COVID-related general licenses and guidance.
Questions? Contact us at podcasts@milchev.com.
EMBARGOED! is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts.
EMBARGOED! is intelligent talk about sanctions, export controls, and all things international trade for trade nerds and normal human beings alike, hosted by Miller & Chevalier Members Brian Fleming and Tim O'Toole. Each episode will feature deep thoughts and hot takes about the latest headline-grabbing developments in this area of the law, as well as some below-the-radar items to keep an eye on. Subscribe for new bi-weekly episodes so you don't miss out!
Roadmap:
Introduction
The Rundown Is JCPOA 2.0 Going Down in Flames? New Belarus Sanctions End of TikTok Ban and New E.O. Protecting Sensitive Data Latest U.S. Actions Targeting Forced Labor in Xinjiang
Lightning Round Deripaska Lawsuit Dismissed OFAC GLs and Guidance re COVID Relief
Final Thoughts
Stay sanctions free.
Brian and Tim kick things off by analyzing the complete do-over called by the Biden administration with respect to E.O. 13959 and contemplate what that means for the future of U.S. person restrictions relating to investments in publicly traded securities of Chinese Military-Industrial Complex Companies. Next, we consider the possible sanctions implications of the new White House directive targeting corruption and check in on the future of the Burma sanctions program in light of the deepening crisis. Finally, in the Lightning Round, we decipher the latest news on JCPOA 2.0, discuss the possible repercussions of Hamas touting its digital currency fundraising efforts, and evaluate recent criticism of the glacial pace of ECRA implementation.
Questions? Contact us at podcasts@milchev.com.
EMBARGOED! is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts.
EMBARGOED! is intelligent talk about sanctions, export controls, and all things international trade for trade nerds and normal human beings alike, hosted by Miller & Chevalier Members Brian Fleming and Tim O'Toole. Each episode will feature deep thoughts and hot takes about the latest headline-grabbing developments in this area of the law, as well as some below-the-radar items to keep an eye on. Subscribe for new bi-weekly episodes so you don't miss out!
Timestamps:
0:10 Introduction and Roadmap
The Rundown 5:00 New Chinese Military Company E.O. 27:41 White House Anti-Corruption Directive 36:52 Burma Sanctions Regulations (and Burma Update)
44:57 Lightning Round 45:09 Checking in on JCPOA 2.0 49:27 Hamas Bitcoin Donations 55:10 ECRA Implementation Fail
1:05:44 Final Thoughts
Stay sanctions free.
Brian and Tim kick off this episode by digging in to the implications of the newly announced U.S. sanctions targeting the Nord Stream 2 project and why they may amount to an admission of defeat. Next, we check in on the seemingly imminent JCPOA 2.0, the latest court challenge to the CCMC List, and a recent report issued pursuant to the Hong Kong Autonomy Act. Finally, in the Lightning Round, we consider OFAC’s ransomware guidance following recent high profile attacks and share our initial thoughts on the possible fallout from the diversion of a Ryanair flight by Belarus to arrest an opposition journalist.
Questions? Contact us at podcasts@milchev.com.
EMBARGOED! is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts.
EMBARGOED! is intelligent talk about sanctions, export controls, and all things international trade for trade nerds and normal human beings alike, hosted by Miller & Chevalier Members Brian Fleming and Tim O'Toole. Each episode will feature deep thoughts and hot takes about the latest headline-grabbing developments in this area of the law, as well as some below-the-radar items to keep an eye on. Subscribe for new bi-weekly episodes so you don't miss out!
Timestamps: 0:10 Introduction and Roadmap
The Rundown 4:50 PEESA Sanctions and Nord Stream 2 19:00 Inching Toward JCPOA 2.0 26:18 Xiaomi Updates and Another CCMC Lawsuit 34:21 Recent Hong Kong Autonomy Act Report
45:10 Lightning Round 45:24 Colonial Pipeline Attack and Ransomware Epidemic 58:03 Belarus and Ryanair
1:06:24 Final Thoughts
Stay sanctions free.
We are long overdue for a deep dive on the latest enforcement actions, so we’re covering the DOJ-led joint resolution with SAP, OFAC settlements with MoneyGram and Alliance Steel, DDTC’s consent agreement with Honeywell, and, last but not least, Luokung Technology’s successful court challenge to its CCMC listing. Then, in the Lightning Round, we check in on JCPOA 2.0, the U.S. approach to Venezuela and Cuba, and the winding down of an important general license for Belarus.
Questions? Contact us at podcasts@milchev.com.
EMBARGOED! is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts.
EMBARGOED! is intelligent talk about sanctions, export controls, and all things international trade for trade nerds and normal human beings alike, hosted by Miller & Chevalier Members Brian Fleming and Tim O'Toole. Each episode will feature deep thoughts and hot takes about the latest headline-grabbing developments in this area of the law, as well as some below-the-radar items to keep an eye on. Subscribe for new bi-weekly episodes so you don't miss out!
Timestamps:
0:10 Introduction and Roadmap
The Rundown 4:27 SAP NPA and OFAC Settlement 21:38 MoneyGram OFAC Settlement 28:28 Alliance Steel OFAC Settlement 33:25 Honeywell DDTC Settlement 40:46 Luokung Takes Another Bite Out of the CCMC List
58:00 Lightning Round 58:12 JCPOA 2.0 1:11:26 Signals on Venezuela and Cuba 1:16:43 Belarus GL 2H
1:20:52 Final Thoughts
Stay sanctions free.
On the latest episode, Brian and Tim dig in to the sweeping new Executive Order targeting Russian Harmful Foreign Activities to decipher what it means for the sanctions risk landscape in Russia and what may be coming next. We also check in on JCPOA 2.0 after an explosive week (literally) away from the negotiating table and go down the rabbit hole on the possible implications of China’s introduction of the digital yuan. Finally, in the Lightning Round, we share quick thoughts on the recent removal of the UAE from Treasury’s list of boycotting countries and a new legislative proposal that would expand CFIUS jurisdiction to certain transactions with U.S. institutions of higher education.
Questions? Contact us at podcasts@milchev.com.
EMBARGOED! is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts.
EMBARGOED! is intelligent talk about sanctions, export controls, and all things international trade for trade nerds and normal human beings alike, hosted by Miller & Chevalier Members Brian Fleming and Tim O'Toole. Each episode will feature deep thoughts and hot takes about the latest headline-grabbing developments in this area of the law, as well as some below-the-radar items to keep an eye on. Subscribe for new bi-weekly episodes so you don't miss out!
Timestamps:
0:10 Introduction and Roadmap
The Rundown 4:56 New Russia Sanctions 29:36 Update on JCPOA 2.0 39:25 China's Cryptocurrency
54:30 Lightning Round 54:52 UAE Removed from Boycotting Countries List 1:02:07 The Strategic Competition Act of 2021
1:09:49 Final Thoughts
Stay sanctions free.
Brian and Tim tackle the big news that formal talks are finally starting on JCPOA 2.0. We break down what that means for the U.S., Iran, and what sanctions relief may look like under a revised deal. Then, we give the Lightning Round treatment to the latest U.S. announcement regarding Hong Kong, more Burma sanctions, the possible elimination of an important OFAC general license in Belarus, the end of the ICC sanctions program, and a recent OFAC enforcement action against Nordgas.
Questions? Contact us at podcasts@milchev.com.
EMBARGOED! is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts.
EMBARGOED! is intelligent talk about sanctions, export controls, and all things international trade for trade nerds and normal human beings alike, hosted by Miller & Chevalier Members Brian Fleming and Tim O'Toole. Each episode will feature deep thoughts and hot takes about the latest headline-grabbing developments in this area of the law, as well as some below-the-radar items to keep an eye on. Subscribe for new bi-weekly episodes so you don't miss out!
Roadmap:
Introduction
JCPOA 2.0
Lightning Round Hong Kong is Still Part of the PRC More Burma Sanctions A Belarus Segment! ICC E.O. May Be Revoked OFAC Settlement with Nordgas
Final Thoughts
On the latest episode, Brian and Tim return their focus to China by analyzing Xiaomi’s successful court challenge to its CCMC listing and the possible repercussions of the contentious U.S.-China diplomatic session in Anchorage. We then examine a recent sentencing in a sanctions case connected to the Maduro regime and discuss the release of official findings on foreign interference in the 2020 U.S. federal election. Finally, in the Lightning Round, we cover the latest on Nord Stream 2 and new BIS restrictions on Burma.
Questions? Contact us at podcasts@milchev.com.
EMBARGOED! is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts.
EMBARGOED! is intelligent talk about sanctions, export controls, and all things international trade for trade nerds and normal human beings alike, hosted by Miller & Chevalier Members Brian Fleming and Tim O'Toole. Each episode will feature deep thoughts and hot takes about the latest headline-grabbing developments in this area of the law, as well as some below-the-radar items to keep an eye on. Subscribe for new bi-weekly episodes so you don't miss out!
Timestamps: 0:10 Introduction and Roadmap
The Rundown 6:07 Xiaomi 23:26 Hong Kong Designations and Sparring in Alaska 36:42 Venezuela Sanctions Sentence 48:56 Findings of Russia Election Interference
58:50 Lightning Round 59:03 Nord Stream 2 Warnings 1:08:32 BIS Restrictions on Burma
1:14:25 Final Thoughts
Stay sanctions free.
On the latest episode, Brian and Tim review the recent series of U.S. actions targeting Russia for its treatment of Aleksey Navalny and debate whether U.S.-Russia relations have now reached a tipping point. Next, we discuss the first failed attempt to get JCPOA 2.0 off the ground, ponder what the U.S. will do about Myanmar in the face of worsening post-coup conditions, and share some key takeaways from OFAC's recent settlement with BitPay. Finally, in the Lightning Round, we check in on the ICTS Supply Chain interim final rule, which appears to be here to stay, and briefly contemplate the prospects of the U.S.-Cuba Trade Act of 2021.
Questions? Contact us at podcasts@milchev.com.
EMBARGOED! is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts.
EMBARGOED! is intelligent talk about sanctions, export controls, and all things international trade for trade nerds and normal human beings alike, hosted by Miller & Chevalier Members Brian Fleming and Tim O'Toole. Each episode will feature deep thoughts and hot takes about the latest headline-grabbing developments in this area of the law, as well as some below-the-radar items to keep an eye on. Subscribe for new bi-weekly episodes so you don't miss out!
Timestamps:
0:10 Introduction and Roadmap
The Rundown 6:04 Navalny and Russia 23:15 JCPOA 2.0 33:07 Quick Updates on Myanmar (and Yemen) 43:15 OFAC Settlement with Bitpay
50:14 Lightning Round 50:32 ICTS Supply Chain Final Rule is (Apparently) Here to Stay 56:45 U.S.-Cuba Trade Act
1:04:57 Final Thoughts
Stay sanctions free.
On the latest episode of EMBARGOED!, Brian and Tim are joined by special guests Sue Millar (Stephenson Harwood) and Tom Stocker (Pinsent Masons) to dive deep on what’s happening in the U.K. now that Brexit is (sort of) behind us. Topics include U.K. sanctions and export controls policy, the future of U.K.-U.S. and U.K.-EU trade relations, possible new U.K. approaches to Iran, China, and Russia, and the rise of OFSI as a sanctions enforcer to be reckoned with. Then, in the Lightning Round, we quickly touch on the new Burma sanctions program, a full U.S. reversal on Yemen, and the (possible) death knell for the TikTok and WeChat EOs.
Thanks to our guests:
Sue Millar: https://www.shlegal.com/en/people/sue-millar
Tom Stocker: https://www.pinsentmasons.com/people/tom-stocker
Questions? Contact us at podcasts@milchev.com.
EMBARGOED! is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts.
EMBARGOED! is intelligent talk about sanctions, export controls, and all things international trade for trade nerds and normal human beings alike, hosted by Miller & Chevalier Members Brian Fleming and Tim O'Toole. Each episode will feature deep thoughts and hot takes about the latest headline-grabbing developments in this area of the law, as well as some below-the-radar items to keep an eye on. Subscribe for new bi-weekly episodes so you don't miss out!
Timestamps:
0:10 Introduction and Roadmap 3:52 Meet Our Guests - Sue Millar and Tom Stocker
5:27 What's Happening in the U.K.?
U.K. Trade Policy Post-Brexit U.K. vs. U.S. Looking Ahead to the U.K.'s Approach onP China Russia Iran Global Magnitsky Act/Human Rights-Based Sanctions
51:32 Final Thoughts and Goodbyes
55:42 Lightning Round 56:03 Burma Executive Order 59:32 Full Reversal on Yemen 1:02:46 Review of WeChat and TikTok Executive Orders
1:08:52 Final Thoughts
Stay sanctions free
Because there is never a dull moment in the world of economic sanctions, Brian and Tim dive deep on possible U.S. responses to the military coup in Myanmar and how China looms large in that decision. Next, we discuss early signals from the Biden Administration on its approach to the Venezuela sanctions program, and we examine the potential impact of a lawsuit from Xiaomi challenging its recent designation as a Communist Chinese military company. Finally, in the Lightning Round, we briefly touch on the new U.S. approach to Yemen and spend a few minutes wondering whether the CFIUS SWAT Team is coming after us.
Questions? Contact us at podcasts@milchev.com.
EMBARGOED! is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts.
EMBARGOED! is intelligent talk about sanctions, export controls, and all things international trade for trade nerds and normal human beings alike, hosted by Miller & Chevalier Members Brian Fleming and Tim O'Toole. Each episode will feature deep thoughts and hot takes about the latest headline-grabbing developments in this area of the law, as well as some below-the-radar items to keep an eye on. Subscribe for new bi-weekly episodes so you don't miss out!
Timestamps:
0:10 Introduction and Roadmap
The Rundown 5:43 Military Coup in Myanmar 35:50 A New Approach to Venezuela 50:23 Xiaomi Lawsuit
1:05:09 Lightning Round 1:05:30 Update on Yemen 1:09:55 CFIUS SWAT Team
1:20:39 Final Thoughts
Stay sanctions free.
Following President Biden's inauguration, Brian and Tim look back at the chaotic final two weeks of the Trump administration to examine the flurry of trade and foreign policy actions taken on the way out the door. In Lightning Round fashion, we cover: Cuba's re-designation as a State Sponsor of Terror, statements about China committing genocide, more actions targeting the crackdown in Hong Kong, a few final pokes in the eye to Iran, the imprisonment of Alexei Navalny and a possible new era for sanctions targeting Russia, designations impacting the humanitarian crisis in Yemen, an amended (but still ambiguous) E.O. relating to publicly traded securities of CCMCs, provocative moves relating to Taiwan and the South China Sea, and a brand new regulatory regime meant to protect the ICTS supply chain from foreign adversaries.
Questions? Contact us at podcasts@milchev.com.
EMBARGOED! is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts.
Timestamps:
0:10 Introduction and Roadmap
5:57 Lightning Round-Style Recap 8:47 Cuba Designated a State Sponsor of Terror 14:43 Pronouncement that China is Committing Genocide 21:03 Latest from Hong Kong 26:20 Final Pokes in the Eye to Iran 32:38 Russia after Navalny's Arrest 39:58 Designating Houthis as an FTO/SDGT? 46:53 Amended CCMC EO 56:25 Taiwan and the South China Sea 1:03:30 Interim Final ICTS Rule
1:10:28 Final Thoughts
Stay sanctions free.
EMBARGOED! kicks off 2021 with somber reflections on the riot at the U.S. Capitol before pivoting to (what else?) China to consider the new E.O. targeting AliPay, WeChat Pay, and other Chinese apps, the official arrival of BIS’s MEU List, and the latest guidance from OFAC relating to securities investments in Chinese Military Companies. After that, Brian and Tim check in on the latest developments in a rare North Korea sanctions prosecution in SDNY and then wrap up, in the Lightning Round, by briefly covering a successful court challenge to the ICC-related sanctions program and the passage of expanded Nord Stream 2 sanctions.
Questions? Contact us at podcasts@milchev.com.
EMBARGOED! is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts.
Timestamps:
0:10 Introduction and Roadmap 4:30 Some Brief Reflections on Treason, Sedition, and Insurrection by POTUS
The Rundown 16:54 New E.O. re: AliPay and Other Chinese Apps 28:47 The Military End User List 39:00 Latest Guidance on CCMC E.O. 51:10 Prosecution of Crypto Bro in SDNY
59:52 Lightning Round 1:00:18 PI in ICC Litigation in SDNY 1:05:57 Expanded Nord Stream 2 Sanctions
1:12:40 Final Thoughts
Stay sanctions free.
On the final EMBARGOED! episode of 2020, Brian and Tim present their Top 10 sanctions and export controls stories of the year (in Lightning Round fashion). There are no winners and losers here, but the list includes: Huawei, sanctions targeting China, expanded MEUser/MEUse restrictions, the maximum pressure campaign against Iran, TikTok and WeChat EOs, disappearing Russia, U.S. v. Sadr, ExxonMobil v. OFAC, efforts to undercut the so-called Troika of Tyranny, and the state of OFAC enforcement.
Questions? Contact us at podcasts@milchev.com.
EMBARGOED! is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts.
EMBARGOED! is intelligent talk about sanctions, export controls, and all things international trade for trade nerds and normal human beings alike, hosted by Miller & Chevalier Members Brian Fleming and Tim O'Toole. Each episode will feature deep thoughts and hot takes about the latest headline-grabbing developments in this area of the law, as well as some below-the-radar items to keep an eye on. Subscribe for new bi-weekly episodes so you don't miss out!
Timestamps:
0:10 Introduction and Roadmap
The Top 10 Sanctions and Export Controls Stories of 2020 5:50 Huawei (FPDP Rule and CFO Meng Wanzhou) 9:05 Sanctions targeted at China (Hong Kong/Uyghurs, statutes/EOs) 14:10 Military End User/Military End Use restrictions 19:30 Has Iran pressure been maxed out? 25:04 TikTok/WeChat EOs 29:57 Disappearing Russia (will it be back on the radar in 2021?) 35:50 Throwing out the Sadr conviction in SDNY 44:15 ExxonMobil v. OFAC ("fair notice" for all!) 53:12 Continued focus on the "Troika of Tyranny" (Venezuela, Cuba, Nicaragua) 57:23 OFAC enforcement (or lack thereof) 1:03:53 Honorable mentions
1:08:45 Final Thoughts
Stay sanctions free.
In the penultimate episode of 2020, Brian and Tim share their initial impressions of the new E.O. restricting U.S. person securities transactions involving Communist Chinese Military Companies, discuss the "phantom" Military End-User List that may or may not be issued by BIS, and ask "What's up with TikTok?" after another preliminary injunction and near radio silence from CFIUS. Then, in the Lightning Round, we give quick takes on the assassination of Iran's top nuclear scientist and its possible impact on President-elect Biden's Iran agenda and bring things back around to China with brief reflections on the latest Hong Kong- and North Korea-related sanctions designations.
Questions? Contact us at podcasts@milchev.com.
EMBARGOED! is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts.
EMBARGOED! is intelligent talk about sanctions, export controls, and all things international trade for trade nerds and normal human beings alike, hosted by Miller & Chevalier Members Brian Fleming and Tim O'Toole. Each episode will feature deep thoughts and hot takes about the latest headline-grabbing developments in this area of the law, as well as some below-the-radar items to keep an eye on. Subscribe for new bi-weekly episodes so you don't miss out!
Timestamps:
0:10 Introduction and Roadmap
The Rundown 6:09 EO 13959 re: securities investments in CCMCs 22:25 The "Phantom" MEU List 33:42 What's up with TikTok?
47:40 Lightning Round 48:00 Will the assassination of Iran's top nuclear scientist prevent Biden from reentering the JCPOA? 55:50 Latest Hong Kong and North Korea designations from OFAC
1:03:34 Final Thoughts
Stay sanctions free.
We had to wait an extra week for the results, but we're finally ready to unpack what President-elect Biden's victory means for U.S. international trade priorities in 2021 and beyond. Our friend and very special guest, Richard Mojica, helps us break down what to expect in the U.S., China, and the EU, including what may and may not change with respect to the current era of protectionism, tariffs, free trade agreements, reshoring of supply chains, human rights, and much more. Brian and Tim then revisit their recent predictions on Iran and Cuba to add some new insights based on the events of the past few weeks. Plus, in the Lightning Round, we check in on what’s happening with TikTok (no one seems to know, including the U.S. government) and briefly gaze upon OFAC's recent advisory regarding high-value artwork to ponder what it all means.
Questions? Contact us at podcasts@milchev.com.
EMBARGOED! is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts.
EMBARGOED! is intelligent talk about sanctions, export controls, and all things international trade for trade nerds and normal human beings alike, hosted by Miller & Chevalier Members Brian Fleming and Tim O'Toole. Each episode will feature deep thoughts and hot takes about the latest headline-grabbing developments in this area of the law, as well as some below-the-radar items to keep an eye on. Subscribe for new bi-weekly episodes so you don't miss out!
Timestamps:
0:10 Introduction and Roadmap
The Rundown: Post-election-palooza! 4:48 Beyond sanctions and export controls: what to expect from a Biden administration (with very special guest Richard Mojica) 44:40 Revisiting some of our pre-election predictions (Iran and Cuba)
1:00:36 Lightning Round 1:01:03 Checking In on TikTok 1:10:15 OFAC Art Advisory
1:17:42 Final Thoughts
Stay sanctions free.
With the U.S. presidential election right around the corner, Brian and Tim explore what the results could mean for U.S. trade and economic sanctions policy over the next four years with respect to China, Iran, Russia, Venezuela, and Cuba. Then, in the Lightning Round, we take a quick look at the upcoming, likely historic, IPO of Ant Group and whether the U.S. government can do anything to slow it down, and we bring you another round of sanctions trivia (back by popular demand).
Questions? Contact us at podcasts@milchev.com.
EMBARGOED! is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts.
EMBARGOED! is intelligent talk about sanctions, export controls, and all things international trade for trade nerds and normal human beings alike, hosted by Miller & Chevalier Members Brian Fleming and Tim O'Toole. Each episode will feature deep thoughts and hot takes about the latest headline-grabbing developments in this area of the law, as well as some below-the-radar items to keep an eye on. Subscribe for new bi-weekly episodes so you don't miss out!
Timestamps:
0:10 Introduction and Roadmap
The Rundown: Election-palooza! 6:58 What will trade policy towards... - 7:13 China - 24:11 Iran - 39:11 Russia - 48:45 Venezuela - 57:55 Cuba ...look like if Biden wins? If Trump wins?
1:07:17 Lightning Round 1:07:30 Is Ant Group going on the Entity List? 1:21:00 Trivia!
1:27:43 Final Thoughts
Stay sanctions free.
Brian and Tim drop the gavel to render verdicts on the litigation impacting the TikTok and WeChat bans and a lawsuit challenging the legal bases for the new ICC-related sanctions program. We also discuss OFAC's recent ransomware advisory and give some thoughts on a recent OFAC enforcement action focused on Cuba. Then, in the Lightning Round, we share our initial impressions on brand new U.S. sanctions targeting Iran's financial sector and dissect the outcome of a lawsuit challenging the foundations of the Commerce Department's authority to enforce the export controls framework established by the EAR.
Questions? Contact us at podcasts@milchev.com.
EMBARGOED! is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts.
EMBARGOED! is intelligent talk about sanctions, export controls, and all things international trade for trade nerds and normal human beings alike, hosted by Miller & Chevalier Members Brian Fleming and Tim O'Toole. Each episode will feature deep thoughts and hot takes about the latest headline-grabbing developments in this area of the law, as well as some below-the-radar items to keep an eye on. Subscribe for new bi-weekly episodes so you don't miss out!
Timestamps:
0:10 Introduction and Roadmap
The Rundown 5:38 Quick Check-in on TikTok and WeChat 18:54 Lawsuit Challenging ICC Sanctions 39:36 OFAC and FinCEN Randomware Advisory 53:41 OFAC Settlement with Generali Global
1:01:47 Lightning Round 1:02:05 More Sanctions Coming Against Iranian Banks? 1:12:43 FedEx v. BIS
1:25:21 Final Thoughts
Stay sanctions free.
In the latest episode of EMBARGOED!, Brian and Tim return to China in a big way as they dive headlong into the TikTok and WeChat bans to analyze what transactions are actually prohibited, the status of the various court proceedings seeking to delay the bans, where things stand with CFIUS review of TikTok's "divestiture," and, last but not least, China's countermoves to try to ensure it will have the last word.
Next, we turn to Iran and the U.S.'s attempt to unilaterally reimpose U.N. sanctions under the JCPOA more than two years after withdrawing from the deal. Finally, in the Lightning Round, we share a few quick thoughts on recent sanctions aimed at countering foreign interference in U.S. elections and discuss the latest travel-related restrictions on Cuba (Hint: Don't stick rum or cigars in your suitcase before returning to the States unless you have an OFAC license).
Questions? Contact us at podcasts@milchev.com.
EMBARGOED! is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts.
EMBARGOED! is intelligent talk about sanctions, export controls, and all things international trade for trade nerds and normal human beings alike, hosted by Miller & Chevalier Members Brian Fleming and Tim O'Toole. Each episode will feature deep thoughts and hot takes about the latest headline-grabbing developments in this area of the law, as well as some below-the-radar items to keep an eye on. Subscribe for new bi-weekly episodes so you don't miss out!
Timestamps:
0:10 Introduction and Roadmap
The Rundown 7:01 More TikTok and WeChat (Commerce rules, state of the "bans," CFIUS and the TikTok "divestiture," China's Unreliable Entities List) 46:17 Iran Snapback
1:02:13 Lightning Round 1:02:25 Cyber designations relating to election interference by (GASP!) Russia 1:10:17 CACR amendments to further restrict aspects of Cuba travel
1:17:34 Final Thoughts
Stay sanctions free.
On this episode of EMBARGOED!, Brian and Tim keep their promise to stay China free (for this week, at least) and change things up to bring you an entire Lightning Round-style episode. With the whole world at our disposal (other than China), we cover the following topics in lightning fashion: the latest U.S. advisory on North Korea, the first U.S. sanctions imposed on the ICC, OFAC's MOU with the State of Delaware, two recent OFAC enforcement actions against an individual and a financial institution, respectively, the latest on Nord Stream 2 and Venezuela, and, finally, a wild card segment featuring our first foray into sanctions trivia.
Questions? Contact us at podcasts@milchev.com.
EMBARGOED! is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts.
EMBARGOED! is intelligent talk about sanctions, export controls, and all things international trade for trade nerds and normal human beings alike, hosted by Miller & Chevalier Members Brian Fleming and Tim O'Toole. Each episode will feature deep thoughts and hot takes about the latest headline-grabbing developments in this area of the law, as well as some below-the-radar items to keep an eye on. Subscribe for new bi-weekly episodes so you don't miss out!
Timestamps:
0:10 Introduction and Roadmap
A Full Episode of Lightning Round! 4:49 North Korea Advisory 9:27 International Criminal Court Sanctions 17:13 OFAC Memorandum of Understanding with Delaware 21:18 OFAC Settlement (Individual) 25:26 OFAC Settlement (Russia/Ukraine/Deutsche Bank Trust Co. Americas) 30:00 Nord Stream 2 36:44 Latest Venezuela Sanctions 41:20 Wild Card!
51:55 Final Thoughts
Stay sanctions free.
EMBARGOED! is back! After a brief, socially-distanced summer vacation, Brian and Tim return to tackle the messy, unprecedented U.S. government actions targeting TikTok and WeChat. Next, we return to one of our favorite topics, Huawei, to analyze the impact of the BIS final rule, which makes another attempt to disrupt the company's supply chain by further expanding the foreign direct product rule. We also discuss the first wave of sanctions targeting Hong Kong and its top officials and ponder whether this was anything more than a symbolic gesture. Plus, in the Lightning Round we share some thoughts on recent Entity List additions targeting, for the first time, activities in the South China Sea, a Xinjiang-related addition to the SDN List causing significant due diligence headaches, and, at long last, the publication of the Advance Notice of Proposed Rulemaking regarding "foundational technologies."
Questions? Contact us at podcasts@milchev.com.
EMBARGOED! is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts.
EMBARGOED! is intelligent talk about sanctions, export controls, and all things international trade for trade nerds and normal human beings alike, hosted by Miller & Chevalier Members Brian Fleming and Tim O'Toole. Each episode will feature deep thoughts and hot takes about the latest headline-grabbing developments in this area of the law, as well as some below-the-radar items to keep an eye on. Subscribe for new bi-weekly episodes so you don't miss out!
Timestamps:
0:10 Introduction and Roadmap
The Rundown 5:36 TikTok and WeChat 30:00 Final BIS Rule re: Huawei and Foreign Direct Product Rule 42:52 First Hong Kong Sanctions
51:40 Lightning Round 52:00 BIS Addition of 24 Chinese Companies to the Entity List re: South China Sea 56:56 Xinjiang-related Additions to the SDN List 1:02:00 Commerce (Finally) Issues ANPRM re: Foundational Technologies
1:09:00 Final Thoughts
Stay sanctions free.
On the latest episode of EMBARGOED!, Brian and Tim dissect the continued downward spiral of U.S.-China relations, including the sweeping new Executive Order aimed at "normalizing" U.S. relations with Hong Kong and the latest tit-for-tat sanctions imposed by the U.S. and China, respectively. Next, we cover two notable recent enforcement actions: OFAC's settlement with Amazon and a joint DOJ/OFAC resolution with Essentra FZE relating to North Korea sanctions violations. Finally, in the Lightning Round, we share quick thoughts on recent OFAC designations targeting Nicaragua and some personal reflections on the United States' reliance on human rights as a basis for economic sanctions policies.
Questions? Contact us at podcasts@milchev.com.
EMBARGOED! is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts.
EMBARGOED! is intelligent talk about sanctions, export controls, and all things international trade for trade nerds and normal human beings alike, hosted by Miller & Chevalier Members Brian Fleming and Tim O'Toole. Each episode will feature deep thoughts and hot takes about the latest headline-grabbing developments in this area of the law, as well as some below-the-radar items to keep an eye on. Subscribe for new bi-weekly episodes so you don't miss out!
Apple Podcasts: https://apple.co/3bDJnmU Spotify: https://spoti.fi/2xAJ9ye Google Play: https://bit.ly/3bAU0Hc Stitcher: https://bit.ly/3awf95i
Timestamps: 0:10 Introduction and Roadmap
The Rundown 4:21 China Round-up 22:30 Amazon OFAC Enforcement Action 30:51 North Korea Enforcement Action by DOJ/OFAC
39:39 Lightning Round: 40:00 Ortega's Inner Circle Targeted by OFAC 43:59 A Few Words on Human Rights and the Death Penalty
55:45 Final Thoughts
Stay sanctions free.
On the latest episode of EMBARGOED!, Brian and Tim break down the early days of China's new national security law aimed at Hong Kong and the U.S. response, including the suspension of preferential export control treatment for Hong Kong and new sanctions on the horizon that take aim at financial institutions. Next, we revisit BIS's new military end user/military end use rules and try to decipher the recently issued BIS guidance. Finally, we unpack the somewhat unorthodox multi-agency advisory warning U.S. businesses of supply chain risks relating to forced labor and human rights abuses in the Xinjiang region of China. Plus, the Lightning Round features quick thoughts on continued U.S. efforts to disrupt deepening ties between Venezuela and Iran and what the rest of the world is doing with respect to Huawei.
Questions? Contact us at podcasts@milchev.com.
EMBARGOED! is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts.
EMBARGOED! is intelligent talk about sanctions, export controls, and all things international trade for trade nerds and normal human beings alike, hosted by Miller & Chevalier Members Brian Fleming and Tim O'Toole. Each episode will feature deep thoughts and hot takes about the latest headline-grabbing developments in this area of the law, as well as some below-the-radar items to keep an eye on. Subscribe for new bi-weekly episodes so you don't miss out!
Apple Podcasts: https://apple.co/3bDJnmU Spotify: https://spoti.fi/2xAJ9ye Google Play: https://bit.ly/3bAU0Hc Stitcher: https://bit.ly/3awf95i
Timestamps:
0:11 Introduction and Roadmap The Rundown 3:49 The Other Shoe Drops for Hong Kong 23:19 New BIS FAQs re: Military End Use/User Rules 39:01 U.S. Government Advisory re: Xinjiang Supply Chain Risk 49:11 Lightning Round 49:37 More Venezuela-Iran Links 53:13 What Does the Rest of the World Think of Huawei 59:47 Final Thoughts Stay sanctions free.
Brian and Tim begin this episode of EMBARGOED! by analyzing how the revelations in John Bolton's new memoir may impact recently enacted U.S. sanctions aimed at China and the ongoing U.S. criminal case against Huawei. Next, they discuss the recent BIS rule change aimed at getting U.S. companies back in the game (while sitting alongside Huawei) in connection with international standards setting organizations. They then turn their attention to a surprising move by DOJ to dismiss charges, after securing a conviction, in an Iran sanctions case in SDNY and share some theories about what may have gone wrong and the possible lasting impact. Finally, they consider the newly issued Executive Order that puts the International Criminal Court in the crosshairs of U.S. sanctions enforcers. Plus, the Lightning Round features quick takes on the latest Venezuela-related designations (and a few, more interesting, removals), OFAC's initial implementation of the Caesar Act, and a speedy plea deal in an Iran sanctions case.
Questions? Contact us at podcasts@milchev.com.
EMBARGOED! is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts.
EMBARGOED! is intelligent talk about sanctions, export controls, and all things international trade for trade nerds and normal human beings alike, hosted by Miller & Chevalier Members Brian Fleming and Tim O'Toole. Each episode will feature deep thoughts and hot takes about the latest headline-grabbing developments in this area of the law, as well as some below-the-radar items to keep an eye on. Subscribe for new bi-weekly episodes so you don't miss out!
Apple Podcasts: https://apple.co/3bDJnmU Spotify: https://spoti.fi/2xAJ9ye Google Play: https://bit.ly/3bAU0Hc Stitcher: https://bit.ly/3awf95i
Timestamps:
0:10 Introduction 2:51 Episode Roadmap
The Rundown 4:45 Fallout from Bolton's Book 20:40 More Huawei 28:39 Ali Sadr Hashemi Nejad Dismissal 49:44 New E.O. re: ICC
57:04 Lightning Round 57:17 More Venezuela Designations (and Some Removals) 1:01:23 Syria Designations/Caesar Act 1:05:32 Seyyed Shahidian Plea
1:08:56 Final Thoughts
Stay sanctions free.
In a slightly more-somber-than-usual episode of EMBARGOED!, we start with a few thoughts on the widespread protests in the U.S. and addressing racial injustice before pivoting to the White House announcement that Hong Kong is about to lose its special status and what that may mean for Hong Kong, China, and beyond. We then revisit one of our favorite topics, Huawei, to discuss the company's effort to weather the latest U.S. export control restrictions and check in on the Canadian extradition proceedings for Huawei's CFO. We also share our thoughts on a recently unsealed indictment alleging a massive sanctions evasion and money laundering scheme to benefit North Korea (aided by China). Finally, in the Lightning Round we start on the open seas to provide quick takes on the latest Venezuela-related maritime designations and a recent Iranian enforcement case, and then wrap up with theories about some recent Entity List additions.
Questions? Contact us at podcasts@milchev.com.
EMBARGOED! is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts.
EMBARGOED! is intelligent talk about sanctions, export controls, and all things international trade for trade nerds and normal human beings alike, hosted by Miller & Chevalier Members Brian Fleming and Tim O'Toole. Each episode will feature deep thoughts and hot takes about the latest headline-grabbing developments in this area of the law, as well as some below-the-radar items to keep an eye on. Subscribe for new bi-weekly episodes so you don't miss out!
Apple Podcasts: https://apple.co/3bDJnmU Spotify: https://spoti.fi/2xAJ9ye Google Play: https://bit.ly/3bAU0Hc Stitcher: https://bit.ly/3awf95i
Timestamps:
0:11 Introduction 3:06 Prelude: A few thoughts on George Floyd, the protests, and racial injustice
The Rundown 13:40 Hong Kong + China Sanctions 33:50 Huawei 51:05 Unsealing of DPRK Indictment
1:01:50 Lightning Round 1:02:12 Latest Venezuela Designations Focused on Shipping 1:05:22 Iranian Tanker Purchase 1:09:19 Phantom Entity List Additions from May 22 Announcements
1:17:02 Final Thoughts
On this episode of EMBARGOED!, Brian and Tim dissect the latest attempt by the U.S. government to hobble Huawei by taking aiming at the telecom giant's semiconductor supply chain and ponder whether the move will have unintended consequences. Next, we analyze the increasingly realistic prospect of the U.S. unleashing economic sanctions on China. We also check in on Venezuela and the political wrangling over Nynas's removal from the SDN List before recapping the key points of the U.S. government's latest sanctions advisory for the maritime industry. Plus, the Lightning Round features enforcement-focused nuggets relating to Iran, Syria, and Cuba.
Questions? Contact us at podcasts@milchev.com.
EMBARGOED! is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts.
EMBARGOED! is intelligent talk about sanctions, export controls, and all things international trade for trade nerds and normal human beings alike, hosted by Miller & Chevalier Members Brian Fleming and Tim O'Toole. Each episode will feature deep thoughts and hot takes about the latest headline-grabbing developments in this area of the law, as well as some below-the-radar items to keep an eye on. Subscribe for new bi-weekly episodes so you don't miss out!
Apple Podcasts: https://apple.co/3bDJnmU Spotify: https://spoti.fi/2xAJ9ye Google Play: https://bit.ly/3bAU0Hc Stitcher: https://bit.ly/3awf95i
Timestamps:
0:11 Introduction
The Rundown: 3:35 Huawei 24:36 China Sanctions 38:57 Nynas AB + Venezuela Update 48:03 OFAC's Maritime Advisory
58:18 Lightning Round: 58:30 Iran + Seyed Shahidian Extradition, PAYMENT24 Case 1:03:53 Syria + EKT Katrangi 1:07:17 BIOMIN America + Another Cuba Blunder
1:12:33 Final Thoughts
Stay sanctions free.
In this episode of EMBARGOED!, Brian and Tim do a full-on China deep dive. To kick things off, we are joined by the first ever guest in EMBARGOED! history, our friend and colleague Richard Mojica, to analyze the current state of the U.S.-China trade deal, the possibility of more tariffs, and general prospects for U.S.-China trade relations through the 2020 U.S. presidential election and beyond. Next, we break down the significant new rule changes from BIS that will impact U.S. exports to military end users and for military end uses in China (and debate what those terms actually mean). After that, we survey the foreign direct investment landscape by discussing U.S. government fears about an influx of adversarial capital from China in the wake of COVID-19 and what CFIUS is likely to do in response. Finally, we survey the latest dramas, big and small, affecting Huawei and recap some recent enforcement activity tied to DOJ's China Initiative.
FIND OUT MORE:
Read more from Brian and Tim on the new BIS rules for military end users/uses: https://bit.ly/3bacpdg
Thanks to our guest Richard Mojica for joining us: https://www.millerchevalier.com/professional/richard-mojica
Questions? Contact us at podcasts@milchev.com.
EMBARGOED! is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts. EMBARGOED! is intelligent talk about sanctions, export controls, and all things international trade for trade nerds and normal human beings alike, hosted by Miller & Chevalier Members Brian Fleming and Tim O'Toole. Each episode will feature deep thoughts and hot takes about the latest headline-grabbing developments in this area of the law, as well as some below-the-radar items to keep an eye on. Subscribe for new bi-weekly episodes so you don't miss out!
Apple Podcasts: https://apple.co/3bDJnmU Spotify: https://spoti.fi/2xAJ9ye Google Play: https://bit.ly/3bAU0Hc Stitcher: https://bit.ly/3awf95i
Timestamps:
0:12 Introduction
The Rundown: 4:42 The Precarious State of the U.S.-China Trade Deal + Prospects for More Punitive Tariffs (with very special guest Richard Mojica, Member at Miller & Chevalier) 32:34 New BIS Rules for Military End Users/Uses in China 51:55 CFIUS and Beyond: Prospects for Chinese FDI 1:04:34 Latest on Huawei + Quick Enforcement Roundup (with focus on DOJ China Initiative)
1:32:46 Final Thoughts
Stay sanctions free.
In this week's EMBARGOED!, Brian and Tim discuss OFAC's recent pronouncements on risk-based compliance and humanitarian assistance and what they mean for companies balancing the demands of the COVID-19 pandemic. We also cover new guidance on exemptions from FEMA's PPE export restrictions, the possible end of an era in Venezuela, and North Korea's ignominious moment in the spotlight. Plus, the Lightning Round features quick takes on the Industrial Bank of Korea DPA, the resuscitation of two lawsuits seeking damages for confiscated property in Cuba, and the prospects of U.S. sanctions against Iraq.
Questions? Contact us at podcasts@milchev.com.
EMBARGOED! is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts. EMBARGOED! is intelligent talk about sanctions, export controls, and all things international trade for trade nerds and normal human beings alike, hosted by Miller & Chevalier Members Brian Fleming and Tim O'Toole. Each episode will feature deep thoughts and hot takes about the latest headline-grabbing developments in this area of the law, as well as some below-the-radar items to keep an eye on. Subscribe for new bi-weekly episodes so you don't miss out!
Apple Podcasts: https://apple.co/3bDJnmU Spotify: https://spoti.fi/2xAJ9ye Google Play: https://bit.ly/3bAU0Hc Stitcher: https://bit.ly/3awf95i
Timestamps:
0:11 Introduction
The Rundown: 3:19 OFAC Compliance 11:00 OFAC Humanitarian Assistance 20:24 Update on PPE Export Restrictions 28:20 General License 8F and the End of Chevron's Run in Venezuela 8:01 DPRK Cyber Guidance and U.N. Report
47:50 Lightning Round: 8:09 Industrial Bank of Korea DPA 53:50 Cuban Confiscated Property Lawsuits Revived 58:51 Playing a Game of Chicken with Russia re: Syria and Iraq
1:02:20 Final Thoughts
Stay sanctions free.
In EMBARGOED!'s inaugural FAQ episode, Brian and Tim tackle a wide array of questions and give actual, coherent answers (or try to, anyway; you decide). Questions cover: brand new restrictions on U.S. exports of PPE in response to the COVID-19 crisis; other COVID-19-related export control considerations in the medical research field; the U.S.'s proposed democratic transition framework for Venezuela and prospects for sanctions relief; a significant sanctions penalty out of the U.K. against Standard Chartered; the three most notable aspects of the "weird" Cuba sanctions program; prospects for leniency from U.S. enforcers for trade-related violations during the COVID-19 crisis; and is it possible to sue your way off the SDN List?
Questions? Contact us at podcasts@milchev.com.
EMBARGOED! is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts.
EMBARGOED! is intelligent talk about sanctions, export controls, and all things international trade for trade nerds and normal human beings alike, hosted by Miller & Chevalier Members Brian Fleming and Tim O'Toole. Each episode will feature deep thoughts and hot takes about the latest headline-grabbing developments in this area of the law, as well as some below-the-radar items to keep an eye on. Subscribe for new bi-weekly episodes so you don't miss out!
Apple Podcasts: https://apple.co/3bDJnmU Spotify: https://spoti.fi/2xAJ9ye Google Play: https://bit.ly/3bAU0Hc Stitcher: https://bit.ly/3awf95i
Timestamps:
0:12 Introduction
Questions and Answers
3:23 FAQ 1: Under FEMA's newly issued Temporary Rule restricting the export of certain categories of personal protective equipment (PPE), the prospects of ultimately obtaining approval from FEMA seem dim. What, if anything, should I do before attempting to export such items from the U.S.?
18:20 FAQ 2: I work in the medical research field. Given the unprecedented level of collaboration and coordination going on right now across the global research community relating to COVID-19, are there any specific U.S. export control related considerations I need to be aware of?
24:50 FAQ 3: I've seen recent press reports detailing the U.S. proposal for a transitional government in Venezuela. Assuming that proposal, or something resembling it, were to be adopted, would U.S. sanctions targeting Venezuela go away?
37:28 FAQ 4:For years, sanctions watchers have been speculating whether a non-U.S. enforcer would step up and take aggressive action in a manner that would demand attention at or near that given to OFAC. With the big penalty levied against Standard Chartered by OFSI in the U.K., has that day finally come?
48:46 FAQ 5: Despite being the oldest of the U.S. sanctions programs, or perhaps precisely because it is the oldest, the Cuba program seems to be the most consistently misunderstood and misinterpreted. What are the three most interesting or important aspects of this unique program that people should keep in mind when evaluating Cuba sanctions questions?
59:05 FAQ 6: I am a trade compliance professional at a multinational company. Given the state of the current global economy, my company has been forced to consider a number of transactions – both to address supply chain disruptions and increase liquidity – with unfamiliar parties and on timelines that are unprecedented. How worried should I be that the company (or even me personally) is going to open itself up to exposure if we miss something in the course of what feels like a constant cycle of hyper-speed due diligence?
1:06:47 FAQ 7: I saw recently that an Iranian company lost its case in federal district court challenging its inclusion on the SDN List. How often are SDNs actually successful in suing their way off the List?
1:18:15 Final Thoughts
Stay sanctions free.
In this episode of EMBARGOED!, hosts Brian Fleming and Tim O'Toole tackle the only topic that really matters right now, the COVID-19 pandemic, and break down some of the most significant ways trade-based restrictions are impacting the global crisis. They also discuss practical considerations for companies dealing with compliance, due diligence, and investigations demands under the cloud of COVID-19. Our first social distancing Lightning Round also features some thoughts on the Sadr verdict in SDNY, the latest provocative actions by the U.S. targeting Venezuela and Nicaragua, and, finally, a few words on extradition.
Questions? Contact us at podcasts@milchev.com.
EMBARGOED! is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts.
EMBARGOED! is intelligent talk about sanctions, export controls, and all things international trade for trade nerds and normal human beings alike, hosted by Miller & Chevalier Members Brian Fleming and Tim O'Toole. Each episode will feature deep thoughts and hot takes about the latest headline-grabbing developments in this area of the law, as well as some below-the-radar items to keep an eye on. Subscribe for new bi-weekly episodes so you don't miss out!
Apple Podcasts: https://apple.co/3bDJnmU Spotify: https://spoti.fi/2xAJ9ye Google Play: https://bit.ly/3bAU0Hc Stitcher: https://bit.ly/3awf95i
Timestamps: 0:14 Introduction
The Rundown: COVID-19 Crisis 3:36 Global Trade Policy Survey 4:46 How are trade policies around the world making things better and (mostly) worse for global supply chains in disarray? 20:55 A Tale of Two Sanctions Programs: Iran and North Korea 32:00 Practical Challenges in the Trade Space
47:35 Lightning Round 48:20 Sadr Verdict 56:36 Venezuela + More Rosneft 1:04:21 Designation of Nicaraguan National Police 1:09:48 A Word About Extraditions: Travel Carefully (if you're Iranian and under indictment by the U.S. DOJ)
1:14:36 Final Thoughts
Stay sanctions free.
In this episode, hosts Brian Fleming and Tim O'Toole summon all of their prognostication powers to take a closer look at the Halkbank case, the future of U.S. sanctions against Iran, Venezuela, and North Korea, and the latest OFAC enforcement action. Plus: The Lightning Round features more Huawei (of course) and deep thoughts on the meaning of rejection (at least as defined, or not, by OFAC).
Questions? Contact us at podcasts@milchev.com.
EMBARGOED! is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts.
EMBARGOED! is intelligent talk about sanctions, export controls, and all things international trade for trade nerds and normal human beings alike, hosted by Miller & Chevalier Members Brian Fleming and Tim O'Toole. Each episode will feature deep thoughts and hot takes about the latest headline-grabbing developments in this area of the law, as well as some below-the-radar items to keep an eye on. Subscribe for new bi-weekly episodes so you don't miss out!
Apple Podcasts: https://apple.co/3bDJnmU Spotify: https://spoti.fi/2xAJ9ye Google Play: https://bit.ly/3bAU0Hc Stitcher: https://bit.ly/3awf95i
Timestamps:
0:12 Introduction
The Rundown 2:09 Developments in Halkbank case in New York and related Iran signals (General License 8, release of Iranian prisoner in Germany, etc.) 23:31 Venezuela OFAC developments 33:18 North Korea cyber sanctions developments at OFAC 39:45 OFAC settlement involving Société Internationale de Télécommunications Aéronautiques (SITA)
47:48 Lightning Round 48:12 Latest on Huawei 53:58 OFAC Guidance on recent amendment to Reporting, Procedures, and Penalties Regulations (Part 501)
59:50 Final Thoughts
In this episode, we break down the most interesting enforcement actions of the past few months, including Exxon Mobil v. OFAC, the ITAR side of the Airbus DPA, and a series of recent OFAC settlements. Plus: The Lightning Round features bite-sized helpings of North Korea and Cuba with a side of Huawei.
Questions? Contact us at podcasts@milchev.com.
EMBARGOED! is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts.
EMBARGOED! is intelligent talk about sanctions, export controls, and all things international trade for trade nerds and normal human beings alike, hosted by Miller & Chevalier Members Brian Fleming and Tim O'Toole. Each episode will feature deep thoughts and hot takes about the latest headline-grabbing developments in this area of the law, as well as some below-the-radar items to keep an eye on. Subscribe for new bi-weekly episodes so you don't miss out!
Apple Podcasts: https://apple.co/3bDJnmU Spotify: https://spoti.fi/2xAJ9ye Google Play: https://bit.ly/3bAU0Hc Stitcher: https://bit.ly/3awf95i
Timestamps:
0:10 Introduction
The Rundown: 1:40 Exxon Mobil v. OFAC 16:53 Airbus Resolution of AECA/ITAR Charges 31:20 Park Strategies OFAC Settlement 36:05 Allianz/Chubb OFAC Settlement 40:42 Eagle Shipping/Burma OFAC Settlement
45:28 Lightning Round!: 45:49 Charges for DPRK Crypto Conference (U.S. v. Virgil Griffith) 49:02 Melia Hotels International/Gabriel Escarrer – U.S. Travel Ban 51:57 Extradition of Huawei CFO, Meng Wanzhou
56:05 Final Thoughts
In our inaugural episode of EMBARGOED!, hosts Brian Fleming and Tim O'Toole dissect the biggest sanctions and export control related news items from the past few months and hash out what's real v. #fakenews, including the latest Iran sanctions, the U.S. government pumping the brakes on more Huawei restrictions (for now), new sanctions targeting the Nord Stream 2 pipeline and the "so-called" Crimean government, and much more. Plus: our very first Lightning Round!
Questions? Contact us at podcasts@milchev.com.
EMBARGOED! is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts.
EMBARGOED! is intelligent talk about sanctions, export controls, and all things international trade for trade nerds and normal human beings alike, hosted by Miller & Chevalier Members Brian Fleming and Tim O'Toole. Each episode will feature deep thoughts and hot takes about the latest headline-grabbing developments in this area of the law, as well as some below-the-radar items to keep an eye on. Subscribe for new bi-weekly episodes so you don't miss out!
Apple Podcasts: https://apple.co/3bDJnmU Spotify: https://spoti.fi/2xAJ9ye Google Play: https://bit.ly/3bAU0Hc Stitcher: https://bit.ly/3awf95i
Timestamps: 0:10 Introduction
The Rundown: 2:40 Soleimani/Iran/Iraq Sanctions 13:06 China: Tougher Restrictions on Huawei... or Maybe Not 23:15 Russia: Nord Stream 2 Sanctions 31:48 Revised NSD Voluntary Disclosure Guidance
45:23 Lightning Round!: 46:02 Phase 1 of the U.S.-China Trade Deal 47:25 Latest Round of Russia/Ukraine Sanctions 49:49 Venezuela/Government Officials Seizure of National Assembly
52:42 Final Thoughts
EMBARGOED! is intelligent talk about sanctions, export controls, and all things international trade for trade nerds and normal human beings alike, hosted by Miller & Chevalier Members Brian Fleming and Tim O'Toole. Each episode will feature deep thoughts and hot takes about the latest headline-grabbing developments in this area of the law, as well as some below-the-radar items to keep an eye on. Our first episode will be available very soon. Subscribe for new bi-weekly episodes so you don’t miss out!
Apple Podcasts: https://apple.co/3bDJnmU Spotify: https://spoti.fi/2xAJ9ye Google Play: https://bit.ly/3bAU0Hc Stitcher: https://bit.ly/3awf95i
Questions? Contact us at podcasts@milchev.com.
EMBARGOED! is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts.
Brian Fleming's practice focuses on investigations and compliance counseling in matters at the intersection of international trade and national security with an emphasis on economic sanctions, export controls, and foreign direct investment. He advises leading U.S. and foreign companies on compliance issues implicating the OFAC, BIS, and the DDTC. Brian also conducts internal investigations, coordinates responses to subpoenas and other investigative demands, and represents companies and individuals in government enforcement actions, including criminal cases brought by DOJ. View Brian's full bio here: https://www.millerchevalier.com/professional/brian-j-fleming
Tim O'Toole is the leader of Miller & Chevalier's White Collar Defense Practice Group. Between his time at Miller & Chevalier and his time in government service, Mr. O'Toole has been conducting and leading large-scale defense investigations for over 20 years. Although Mr. O'Toole has substantial experience in all areas of white collar practice, his main focus is on defending enforcement actions and conducting investigations involving the economic sanctions, export controls, and anti-money laundering laws. His clients run the gamut, including U.S. and non-U.S. financial institutions and public companies in the aviation, insurance, logistics, manufacturing, and oil and gas sectors. View Tim's full bio here: https://www.millerchevalier.com/professional/timothy-p-otoole
Learn more about Miller and Chevalier's Economic Sanctions and Export Controls practice: https://www.millerchevalier.com/practice-area/economic-sanctions-export-controls