EMBARGOED!

Sanctions and the State Department – Part 2 | EMBARGOED! Episode 96

Wed, 01 Apr 2026 15:58:29 -0000

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!

Sanctions and the State Department – Part 1 | EMBARGOED! Episode 95

Mon, 16 Mar 2026 18:22:19 -0000

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.

CFIUS (and Reverse CFIUS) in 2025: A Year in Review | EMBARGOED! Episode 94

Mon, 02 Mar 2026 16:47:46 -0000

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.

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Thanks to our guest for joining us:

Melissa Burgess: https://www.millerchevalier.com/professional/melissa-burgess

Questions? Contact us at podcasts@milchev.com.

BIS 2025 Year in Review | EMBARGOED! Episode 93

Fri, 13 Feb 2026 15:42:30 -0000

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.

OFAC 2025 Year in Review | EMBARGOED! Episode 92

Wed, 14 Jan 2026 19:04:45 -0000

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.

Shipping Compliance with Sanctions Expert Claire O'Neill McCleskey | EMBARGOED! Episode 91

Fri, 19 Dec 2025 17:35:00 -0000

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.

Sanctions & Export Control Evasion with Conflict Armament Research's Damien Spleeters | EMBARGOED! Episode 90

Wed, 26 Nov 2025 19:35:47 -0000

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.

South of the Border | EMBARGOED! Episode 89

Fri, 14 Nov 2025 18:57:33 -0000

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.

Semiconductor Export Controls (Part 2): AI, SME, and the BIS 50% Rule | EMBARGOED! Episode 88

Fri, 07 Nov 2025 22:29:00 -0000

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.

Semiconductor Export Controls (Part 1): AI Chips and the "Secret Entity List" | EMBARGOED! Episode 87

Thu, 30 Oct 2025 18:35:30 -0000

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.

EU Sanctions for American Lawyers | Episode 86

Thu, 16 Oct 2025 17:14:58 -0000

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.

Die Kunst Des Erfolgs: Navigating Foreign Investment Deals Through U.S., EU, and German Regulators | EMBARGOED! Episode 85

Thu, 02 Oct 2025 16:32:02 -0000

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.

Mixing It Up with Tornado Cash, Part 2 | EMBARGOED! Episode 84

Mon, 15 Sep 2025 15:19:38 -0000

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.

Looking Into the Sanctions and Export Controls Crystal Ball | EMBARGOED! Episode 83

Fri, 08 Aug 2025 23:38:47 -0000

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.

Winding Down Sanctions: A To-Do List When a Program Comes to an End | EMBARGOED! Episode 82

Mon, 16 Jun 2025 18:11:57 -0000

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.

U.S. and EU Divergence in Trade and Enforcement | EMBARGOED! Episode 81

Mon, 28 Apr 2025 05:00:00 -0000

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.

Talking China, Cars, and Tech | EMBARGOED! Episode 80

Tue, 22 Apr 2025 16:00:05 -0000

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.

ITAR Year in Review | EMBARGOED! Episode 79

Thu, 16 Jan 2025 20:10:30 -0000

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.

Predictions for Trade in 2025: Tariffs and Sanctions Outlook | EMBARGOED! Episode 78

Mon, 09 Dec 2024 20:12:49 -0000

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.

BIS Enforcement Actions: Everything You've Ever Wanted to Ask a (Former) BIS Special Agent | EMBARGOED Ep. 77

Tue, 26 Nov 2024 15:12:10 -0000

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.

Sanctions on the Ballot | EMBARGOED! Ep. 76

Tue, 15 Oct 2024 17:20:06 -0000

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.

Back to School | EMBARGOED! Episode 75

Tue, 24 Sep 2024 16:23:52 -0000

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.

Lucky 14: The 14th Sanctions Package Against Russia & What it Means on Both Sides of the Atlantic | EMBARGOED! Ep. 74

Tue, 20 Aug 2024 21:04:47 -0000

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.

A Deep Dive into CFIUS and Reverse CFIUS | EMBARGOED! Ep. 73

Mon, 05 Aug 2024 19:06:42 -0000

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.

Sanctions Compliance on the High Seas: Shipping, Insurance, Price Caps and the Dark Fleet | EMBARGOED! 72

Tue, 18 Jun 2024 20:22:48 -0000

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.

Demystifying the OFAC Lists: Talking De-listing With Erich Ferrari | EMBARGOED! Episode 71

Thu, 25 Apr 2024 18:49:57 -0000

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.

An Update from Update 2024 | EMBARGOED! Episode 70

Tue, 02 Apr 2024 14:01:58 -0000

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.

If Sanctions are the New FCPA, are Export Controls the New Sanctions? | EMBARGOED! Episode 69

Wed, 13 Mar 2024 21:58:36 -0000

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.

2023 Year in Review: The Good, the Bad, and the Ugly in U.S. Sanctions | EMBARGOED! Ep. 68

Tue, 27 Feb 2024 21:06:24 -0000

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.

The ITAR Episode (for the Real Trade Nerds) | EMBARGOED! Episode 67

Wed, 29 Nov 2023 17:10:35 -0000

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!

Blowing in the Wind: The Tornado Cash Designation, Mixers, and Federal Litigation | EMBARGOED! Ep. 66

Tue, 14 Nov 2023 15:13:14 -0000

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.

Changes in Venezuela: Emergency Pod! | EMBARGOED! Ep. 65

Thu, 02 Nov 2023 18:12:32 -0000

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.

Why Can’t We Be Friends? The Growth of Multi-Lateral Coordination in U.S. Sanctions Policy Toward Russia | EMBARGOED! Ep. 64

Wed, 30 Aug 2023 17:06:49 -0000

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.

Taking It to the Banks: The Role of Financial Institutions in Sanctions Compliance | EMBARGOED!

Tue, 11 Jul 2023 15:58:58 -0000

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.

Takeoff: Staying Sanctions Free on the Canadian Side of the Border | EMBARGOED! Episode 62

Thu, 15 Jun 2023 15:59:16 -0000

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.

Russia, Russia, Russia, Russia | EMBARGOED! Episode 61

Thu, 01 Jun 2023 16:11:42 -0000

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.

The 2023 Sequel to Episode 19: What’s Up with TikTok? | EMBARGOED! Episode 60

Wed, 19 Apr 2023 14:08:07 -0000

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.

2022: The Year Sanctions Came of Age in Germany? | EMBARGOED! Episode 59

Thu, 23 Feb 2023 17:17:01 -0000

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.

Price Caps! On Both Sides of the Atlantic | EMBARGOED! Episode 58

Wed, 01 Feb 2023 14:33:31 -0000

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.

2022: The Good, the Bad, and the Ugly in U.S. Export Controls | EMBARGOED! Episode 57

Thu, 19 Jan 2023 16:10:23 -0000

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.

China Redux: What Could Be Lurking in the Supply Chain? | EMBARGOED! Episode 56

Mon, 21 Nov 2022 20:08:07 -0000

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.

New Export Controls Related to China and Big Changes to the EAR | EMBARGOED! Episode 55

Mon, 07 Nov 2022 16:55:02 -0000

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.

Emergency Pod: Sanctions Building in Nicaragua | EMBARGOED! Episode 54

Fri, 28 Oct 2022 15:08:20 -0000

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.

EU and Dutch Sanctions Enforcement | EMBARGOED! Episode 53

Fri, 21 Oct 2022 15:48:51 -0000

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.

A Multi-Lateral Approach to Podcasting and Price Caps | EMBARGOED Episode 52

Tue, 04 Oct 2022 17:15:18 -0000

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.

A Brief Hiatus | EMBARGOED! Episode 51

Thu, 11 Aug 2022 19:08:41 -0000

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.

Russia Roundup + Cuba and Iran | EMBARGOED! Episode 50

Wed, 22 Jun 2022 16:47:07 -0000

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.***

Don’t Worry, We Haven’t Forgotten About China | EMBARGOED! Episode 49

Wed, 01 Jun 2022 05:00:00 -0000

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.

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.***

OFAC’s Victory Day Present for Putin and Sanctions Are the New FCPA | EMBARGOED Episode 48

Thu, 12 May 2022 16:07:31 -0000

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.

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.***

The Evolving U.S. Response to Russia’s Invasion of Ukraine | EMBARGOED! Episode 47

Wed, 27 Apr 2022 18:35:34 -0000

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.

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.***

Addressing the Russia Conundrum | EMBARGOED! Episode 46

Wed, 23 Mar 2022 19:26:58 -0000

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.

Roadmap:

Introduction
Deep thoughts and latest updates on all things Russia
Lightning Round: JCPOA 2.0
Final thoughts

***Stay sanctions free.***

Russia Invades Ukraine and Triggers the Biggest Week in Economic Sanctions History | EMBARGOED! Episode 45

Thu, 03 Mar 2022 18:47:11 -0000

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.

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.***

Afghanistan In the Spotlight (while Iran, Russia, and China Lurk Offstage) | EMBARGOED! Episode 44

Thu, 17 Feb 2022 14:42:58 -0000

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.

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.***

Russia and Iran and China, Oh My! | EMBARGOED! Episode 43

Mon, 31 Jan 2022 18:36:34 -0000

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.

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.***

Russia-stravaganza! | EMBARGOED! Episode 42

Thu, 13 Jan 2022 05:00:00 -0000

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.

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.***

Fresh New Topics and Old Favorites | EMBARGOED! Episode 40

Wed, 01 Dec 2021 05:00:00 -0000

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.

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.***

A Heaping Helping of China with a Side of Turkey | EMBARGOED! Episode 39

Mon, 15 Nov 2021 15:01:24 -0000

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.

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.***

Dawn of a New Era for U.S. Sanctions? | EMBARGOED! Episode 38

Mon, 25 Oct 2021 05:00:00 -0000

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.

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.***

On Ransoms, Virtual and Diplomatic | EMBARGOED! Episode 37

Wed, 06 Oct 2021 20:39:22 -0000

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.

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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.

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

All Lightning Round, End-of-Summer Edition | EMBARGOED! Episode 36

Thu, 23 Sep 2021 19:36:14 -0000

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.

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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.

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.***

GIR‘s Enforcement Action Survey and What‘s Next in Afghanistan | EMBARGOED! Episode 35

Tue, 07 Sep 2021 15:12:28 -0000

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.

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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.

Around the World in 60 Minutes: Hong Kong, Cuba, Russia, Iran (and China) | EMBARGOED! Episode 34

Mon, 02 Aug 2021 15:07:42 -0000

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.

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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.***

A Deep Dive on Forced Labor | EMBARGOED! Episode 33

Thu, 15 Jul 2021 20:42:44 -0000

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

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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.***

Is JCPOA 2.0 Going Down In Flames? | EMBARGOED! Episode 32

Thu, 01 Jul 2021 15:22:33 -0000

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.

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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.

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.***

Hitting Reset on E.O. 13959 | EMBARGOED! Episode 31

Thu, 10 Jun 2021 05:00:00 -0000

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.

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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

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.***

Waving the White Flag on Nord Stream 2? | EMBARGOED! Episode 30

Thu, 27 May 2021 05:00:00 -0000

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.

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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

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.***

Enforcement-palooza 2.0! | EMBARGOED! Episode 29

Thu, 13 May 2021 15:55:10 -0000

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.

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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

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.***

To Russia With Love (and Sanctions) | EMBARGOED! Episode 28

Wed, 21 Apr 2021 18:16:44 -0000

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.

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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

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.***

First Steps Toward JCPOA 2.0 | EMBARGOED! Episode 27

Thu, 08 Apr 2021 16:31:01 -0000

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.

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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.

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

A War of Words in Alaska | EMBARGOED! Episode 26

Thu, 25 Mar 2021 05:00:00 -0000

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.

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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

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.***

A (Post-Brexit) U.K. Extravaganza! | EMBARGOED Episode 24

Wed, 24 Feb 2021 21:37:32 -0000

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

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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
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***

What Will the U.S. Do in Response to the Coup in Myanmar? | EMBARGOED! Episode 23

Thu, 11 Feb 2021 17:15:43 -0000

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.

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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

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.***

What Just Happened? Recapping a Chaotic Transition | EMBARGOED! Episode 22

Wed, 27 Jan 2021 18:05:04 -0000

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.

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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.***

Trump's Parting Shots at Democracy and China | EMBARGOED! Episode 21

Wed, 13 Jan 2021 05:00:00 -0000

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.

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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.***

China Potpourri: Securities, Phantoms, and TikTok | EMBARGOED! Episode 19

Tue, 15 Dec 2020 16:15:23 -0000

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.

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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

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.***

Post-election-palooza! | EMBARGOED! Episode 18

Tue, 17 Nov 2020 05:00:00 -0000

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.

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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

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.***

Election-palooza! | EMBARGOED! Episode 17

Tue, 27 Oct 2020 05:00:00 -0000

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).

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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

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.***

We'll See You in Court! Checking In on TikTok, WeChat, ICC, and Commerce Lawsuits | EMBARGOED! Episode 16

Tue, 13 Oct 2020 05:00:00 -0000

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.

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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

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.***

U.S. v. TikTok and WeChat: Who is Winning? | EMBARGOED! Episode 15

Tue, 29 Sep 2020 05:00:00 -0000

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).

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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

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.*

All Lightning, No China | EMBARGOED! Episode 14

Tue, 15 Sep 2020 05:00:00 -0000

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.

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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

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.***

If TikTok & WeChat Go Away, Is It Still Safe to Use Tin Cans With String? | EMBARGOED! Episode 13

Tue, 01 Sep 2020 05:00:00 -0000

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."

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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

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.***

The New Normal(ization) | EMBARGOED! Episode 12

Tue, 28 Jul 2020 05:00:00 -0000

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.

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.***

China Officially Takes Over the Pod (and Hong Kong) | EMBARGOED! Episode 11

Tue, 14 Jul 2020 05:00:00 -0000

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.

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.***

The Pod Where It Happened | EMBARGOED! Episode 10

Wed, 24 Jun 2020 05:00:00 -0000

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.

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.***

What Will Happen to Hong Kong and a World on Fire? | EMBARGOED! Episode 9

Tue, 09 Jun 2020 05:00:00 -0000

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.

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

For Whom The Bell Tolls; It (Maybe) Tolls For Huawei | EMBARGOED! Podcast Episode 8

Wed, 27 May 2020 05:00:00 -0000

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.

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.***

China-stravaganza! | EMBARGOED! Podcast Episode 7

Tue, 12 May 2020 05:00:00 -0000

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.***

A Kinder, Gentler OFAC? | EMBARGOED! Podcast Episode 6

Tue, 28 Apr 2020 05:00:00 -0000

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.***

Fantastically Astute Questions (and Answers) | EMBARGOED! Episode 5

Tue, 14 Apr 2020 05:00:00 -0000

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.

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.***

It's the End of the World as We Know It (& I Feel Like Podcasting About Sanctions) | EMBARGOED! Episode 4

Tue, 31 Mar 2020 05:00:00 -0000

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.

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.***

Reading the Sanctions Tea Leaves | EMBARGOED! Episode 3

Tue, 17 Mar 2020 05:00:00 -0000

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.

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

Enforcement-palooza! | EMBARGOED! Episode 2

Tue, 03 Mar 2020 05:00:00 -0000

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.

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

Deep Dive Beneath the Headlines: Breaking Down the News of the Past Few Months | EMBARGOED! Episode 1

Tue, 18 Feb 2020 14:19:46 -0000

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.

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

Welcome to EMBARGOED! Podcast

Thu, 06 Feb 2020 22:01:45 -0000

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

EMBARGOED!

Sanctions and the State Department – Part 2 | EMBARGOED! Episode 96

Sanctions and the State Department – Part 1 | EMBARGOED! Episode 95

CFIUS (and Reverse CFIUS) in 2025: A Year in Review | EMBARGOED! Episode 94

BIS 2025 Year in Review | EMBARGOED! Episode 93

OFAC 2025 Year in Review | EMBARGOED! Episode 92

Shipping Compliance with Sanctions Expert Claire O'Neill McCleskey | EMBARGOED! Episode 91

Sanctions & Export Control Evasion with Conflict Armament Research's Damien Spleeters | EMBARGOED! Episode 90

South of the Border | EMBARGOED! Episode 89

Semiconductor Export Controls (Part 2): AI, SME, and the BIS 50% Rule | EMBARGOED! Episode 88

Semiconductor Export Controls (Part 1): AI Chips and the "Secret Entity List" | EMBARGOED! Episode 87

EU Sanctions for American Lawyers | Episode 86

Die Kunst Des Erfolgs: Navigating Foreign Investment Deals Through U.S., EU, and German Regulators | EMBARGOED! Episode 85

Mixing It Up with Tornado Cash, Part 2 | EMBARGOED! Episode 84

Looking Into the Sanctions and Export Controls Crystal Ball | EMBARGOED! Episode 83

Winding Down Sanctions: A To-Do List When a Program Comes to an End | EMBARGOED! Episode 82

U.S. and EU Divergence in Trade and Enforcement | EMBARGOED! Episode 81

Talking China, Cars, and Tech | EMBARGOED! Episode 80

ITAR Year in Review | EMBARGOED! Episode 79

Predictions for Trade in 2025: Tariffs and Sanctions Outlook | EMBARGOED! Episode 78

BIS Enforcement Actions: Everything You've Ever Wanted to Ask a (Former) BIS Special Agent | EMBARGOED Ep. 77

Sanctions on the Ballot | EMBARGOED! Ep. 76

Back to School | EMBARGOED! Episode 75

Lucky 14: The 14th Sanctions Package Against Russia & What it Means on Both Sides of the Atlantic | EMBARGOED! Ep. 74

A Deep Dive into CFIUS and Reverse CFIUS | EMBARGOED! Ep. 73

Sanctions Compliance on the High Seas: Shipping, Insurance, Price Caps and the Dark Fleet | EMBARGOED! 72

Demystifying the OFAC Lists: Talking De-listing With Erich Ferrari | EMBARGOED! Episode 71

An Update from Update 2024 | EMBARGOED! Episode 70

If Sanctions are the New FCPA, are Export Controls the New Sanctions? | EMBARGOED! Episode 69

2023 Year in Review: The Good, the Bad, and the Ugly in U.S. Sanctions | EMBARGOED! Ep. 68

The ITAR Episode (for the Real Trade Nerds) | EMBARGOED! Episode 67

Blowing in the Wind: The Tornado Cash Designation, Mixers, and Federal Litigation | EMBARGOED! Ep. 66

Changes in Venezuela: Emergency Pod! | EMBARGOED! Ep. 65

Why Can’t We Be Friends? The Growth of Multi-Lateral Coordination in U.S. Sanctions Policy Toward Russia | EMBARGOED! Ep. 64

Taking It to the Banks: The Role of Financial Institutions in Sanctions Compliance | EMBARGOED!

Takeoff: Staying Sanctions Free on the Canadian Side of the Border | EMBARGOED! Episode 62

Russia, Russia, Russia, Russia | EMBARGOED! Episode 61

The 2023 Sequel to Episode 19: What’s Up with TikTok? | EMBARGOED! Episode 60

2022: The Year Sanctions Came of Age in Germany? | EMBARGOED! Episode 59

Price Caps! On Both Sides of the Atlantic | EMBARGOED! Episode 58

2022: The Good, the Bad, and the Ugly in U.S. Export Controls | EMBARGOED! Episode 57

China Redux: What Could Be Lurking in the Supply Chain? | EMBARGOED! Episode 56

New Export Controls Related to China and Big Changes to the EAR | EMBARGOED! Episode 55

Emergency Pod: Sanctions Building in Nicaragua | EMBARGOED! Episode 54

EU and Dutch Sanctions Enforcement | EMBARGOED! Episode 53

A Multi-Lateral Approach to Podcasting and Price Caps | EMBARGOED Episode 52

A Brief Hiatus | EMBARGOED! Episode 51

Russia Roundup + Cuba and Iran | EMBARGOED! Episode 50

Don’t Worry, We Haven’t Forgotten About China | EMBARGOED! Episode 49

OFAC’s Victory Day Present for Putin and Sanctions Are the New FCPA | EMBARGOED Episode 48

The Evolving U.S. Response to Russia’s Invasion of Ukraine | EMBARGOED! Episode 47

Addressing the Russia Conundrum | EMBARGOED! Episode 46

Russia Invades Ukraine and Triggers the Biggest Week in Economic Sanctions History | EMBARGOED! Episode 45

Afghanistan In the Spotlight (while Iran, Russia, and China Lurk Offstage) | EMBARGOED! Episode 44

Russia and Iran and China, Oh My! | EMBARGOED! Episode 43

Russia-stravaganza! | EMBARGOED! Episode 42

Top 10 Stories of 2021 | EMBARGOED! Episode 41

Fresh New Topics and Old Favorites | EMBARGOED! Episode 40

A Heaping Helping of China with a Side of Turkey | EMBARGOED! Episode 39

Dawn of a New Era for U.S. Sanctions? | EMBARGOED! Episode 38

On Ransoms, Virtual and Diplomatic | EMBARGOED! Episode 37

All Lightning Round, End-of-Summer Edition | EMBARGOED! Episode 36

GIR‘s Enforcement Action Survey and What‘s Next in Afghanistan | EMBARGOED! Episode 35

Around the World in 60 Minutes: Hong Kong, Cuba, Russia, Iran (and China) | EMBARGOED! Episode 34

A Deep Dive on Forced Labor | EMBARGOED! Episode 33

Is JCPOA 2.0 Going Down In Flames? | EMBARGOED! Episode 32

Hitting Reset on E.O. 13959 | EMBARGOED! Episode 31

Waving the White Flag on Nord Stream 2? | EMBARGOED! Episode 30

Enforcement-palooza 2.0! | EMBARGOED! Episode 29

To Russia With Love (and Sanctions) | EMBARGOED! Episode 28

First Steps Toward JCPOA 2.0 | EMBARGOED! Episode 27

A War of Words in Alaska | EMBARGOED! Episode 26

A (Post-Brexit) U.K. Extravaganza! | EMBARGOED Episode 24

What Will the U.S. Do in Response to the Coup in Myanmar? | EMBARGOED! Episode 23

What Just Happened? Recapping a Chaotic Transition | EMBARGOED! Episode 22

Trump's Parting Shots at Democracy and China | EMBARGOED! Episode 21

Top 10 Stories of 2020 | EMBARGOED! Episode 20

China Potpourri: Securities, Phantoms, and TikTok | EMBARGOED! Episode 19

Post-election-palooza! | EMBARGOED! Episode 18

Election-palooza! | EMBARGOED! Episode 17