Explore every episode of the podcast EMBARGOED!

Host Tim O'Toole is joined by colleagues Melissa Burgess and Collmann Griffin (Miller & Chevalier) and guest Rachel Alpert (Jenner & Block) to dive into the history of U.S. economic sanctions. Kicking off the episode, the group tackles a range of trivia questions about predecessors to OFAC, sanctions licensing, sanctions measures dating back to the Revolutionary War, and more. Draft-style, each participant then unpacks favorite and obscure sanctions programs and targets from Southern Rhodesia to unregulated fishing.

Roadmap:

• Update to Episode 98: Two Minutes about Tehran
• Trivia
  • OFAC Predecessors
  • OFAC FAQ 1
  • Where to apply for a specific license
  • Precursor to the SDN List
  • Why are they called “Specially Designated Nationals”?
  • On this date: February 18, 2020
  • Definitions of the United States/OFAC's historic jurisdiction
  • British comprehensive embargo of the U.S.
  • First U.S. countersanctions and first U.S. embargo
• Draft Picks
  • Southern Rhodesia and South Africa
  • Danzig and Democratic Kampuchea
  • Illegal, unreported, and unregulated fishing
  • Revolutionary War sanctions

********

Thanks to our guests for joining us!

Rachel Alpert: https://www.jenner.com/en/people/rachel-alpert 

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

Collmann Griffin: https://www.millerchevalier.com/professional/collmann-griffin 

Questions? Contact us at podcasts@milchev.com.

EMBARGOED! is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts. EMBARGOED! is intelligent talk about sanctions, export controls, and all things international trade for trade nerds and normal human beings alike. Each episode will feature deep thoughts and hot takes about the latest headline-grabbing developments in this area of the law, as well as some below-the-radar items to keep an eye on. Subscribe wherever you get your podcasts for new episodes so you don't miss out!

In this emergency episode, host Tim O'Toole is joined again by colleague Melissa Burgess (Miller & Chevalier) to discuss sanctions aspects of the June 17, 2026, Islamabad Memorandum of Understanding (MOU) between the U.S. and Iran and legal considerations impacting the lifting of sanctions against the Islamic Republic of Iran. The episode reviews paragraphs 7 and 10 of the MOU before taking a brief tour through the nearly 50-year history of sanctions on Iran and some of the key sanctions authorities. They discuss a sampling of reporting, waiver, and certification considerations, examine General License X, and share thoughts on some of the more difficult potential sanctions delistings.

Roadmap:

• Paragraphs 7 and 10 of the MOU
• Where do the Iran sanctions come from?
  • Carter EO, Clinton EO, IEEPA, Iran Sanctions Act
• INARA and CISADA: certifications, waivers, and statutory sunset considerations
• General License X
• Hardest delistings

********

Thanks to Melissa for joining us! https://www.millerchevalier.com/professional/melissa-burgess

Questions? Contact us at podcasts@milchev.com.

EMBARGOED! is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts. EMBARGOED! is intelligent talk about sanctions, export controls, and all things international trade for trade nerds and normal human beings alike. Each episode will feature deep thoughts and hot takes about the latest headline-grabbing developments in this area of the law, as well as some below-the-radar items to keep an eye on. Subscribe wherever you get your podcasts for new episodes so you don't miss out!

In this episode, host Tim O'Toole is joined by special guests Brad Brooks-Rubin (Arktouros) and Dr. David Soud (I.R. Consilium), as well as colleagues Collmann Griffin and Melissa Burgess (Miller & Chevalier), to discuss the many connections between gold and sanctions. The episode begins by exploring gold as a natural resource, the gold supply chain, and the difficulties of tracing gold. We also examine gold as a payment mechanism throughout history, and gold's function in foreign exchange transactions. Along the way, the episode dives into restrictions on gold in sanctions programs from the early days of the Trading with the Enemy Act through current Russia and Venezuela sanctions, cartel involvement in the gold supply chain, and use of gold as a hedge against sanctions.

Roadmap:

• Gold 101
• What are the risks related to Venezuela gold, despite the recent sanctions lifting in that sector?
• What are the connections between gold and cartels?
• How did Russia seek to use gold as part of its countersanctions strategy?  How did the United States respond?
• What is the connection between gold and conflict, for example in the DRC and Sudan?  How can sanctions counter this?  

********

Thanks to our guests for joining us!

Brad Brooks-Rubin: https://www.arktouros.co/team/bbr

Dr. David Soud: https://irconsilium.com/david-soud/ 

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

Collmann Griffin: https://www.millerchevalier.com/professional/collmann-griffin 

Questions? Contact us at podcasts@milchev.com.

EMBARGOED! is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts. EMBARGOED! is intelligent talk about sanctions, export controls, and all things international trade for trade nerds and normal human beings alike. Each episode will feature deep thoughts and hot takes about the latest headline-grabbing developments in this area of the law, as well as some below-the-radar items to keep an eye on. Subscribe wherever you get your podcasts for new episodes so you don't miss out!

In this episode, host Tim O'Toole is again joined by colleagues Collmann Griffin and Melissa Burgess (Miller & Chevalier) and special guests Erik Woodhouse (former Deputy Assistant Secretary for Counter Threat Finance and Sanctions in the Bureau of Economic and Business Affairs (EB) at the Department of State) and Joshua Kretman (former Deputy Assistant Secretary (Acting) in EB, who also spent several years as the lead sanctions attorney in the Office of the Legal Adviser at State). In part 2 of their discussion of State's role in sanctions, Erik and Josh address an unanswered question from part 1, then explain the coordination and separation between State and OFAC in licensing and enforcement. The discussion also covers a recent case addressing State’s power to designate and delist, as well as State's role when one of its decisions is challenged in court.  

Roadmap:

• Separation between OFAC and State in enforcement
• State’s general role in sanctions license adjudication
• Sanctions enforcement versus sanctions implementation
• Challenging State designations, and the inherent power to delist

*******

Thanks to our guest for joining us:

Joshua Kretman: https://www.dentons.com/en/joshua-kretman 

Erik Woodhouse: https://www.crowell.com/en/professionals/erik-woodhouse 

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

Collmann Griffin: https://www.millerchevalier.com/professional/collmann-griffin 

Questions? Contact us at podcasts@milchev.com.

EMBARGOED! is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts. EMBARGOED! is intelligent talk about sanctions, export controls, and all things international trade for trade nerds and normal human beings alike. Each episode will feature deep thoughts and hot takes about the latest headline-grabbing developments in this area of the law, as well as some below-the-radar items to keep an eye on. Subscribe wherever you get your podcasts for new episodes so you don't miss out!

In this episode, host Tim O’Toole is joined by colleagues Collmann Griffin and Melissa Burgess (Miller & Chevalier), and special guests Erik Woodhouse (former Deputy Assistant Secretary for Counter Threat Finance and Sanctions in the Bureau of Economic and Business Affairs (EB) at the Department of State) and Joshua Kretman (former Deputy Assistant Secretary (Acting) in EB, who also spent several years as the lead sanctions attorney in the Office of the Legal Adviser at State). In part 1 of this discussion, Erik and Josh explain the structure and various players working on sanctions within State, walk through the process of creating a new sanctions program, and discuss State's role in sanctions targeting.

Roadmap:

• Introductions and former positions at State
• Background on the State Department
• What role does State play in sanctions?
• Are there issues where State would want to hear from clients? What kinds of issues would you consider raising with State
• Venezuela: What role do you think State will play/is playing in this space?

*******

Thanks to our guest for joining us:

Joshua Kretman: https://www.dentons.com/en/joshua-kretman 

Erik Woodhouse: https://www.crowell.com/en/professionals/erik-woodhouse 

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

Collmann Griffin: https://www.millerchevalier.com/professional/collmann-griffin 

Questions? Contact us at podcasts@milchev.com.

EMBARGOED! is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts. EMBARGOED! is intelligent talk about sanctions, export controls, and all things international trade for trade nerds and normal human beings alike. Each episode will feature deep thoughts and hot takes about the latest headline-grabbing developments in this area of the law, as well as some below-the-radar items to keep an eye on. Subscribe wherever you get your podcasts for new episodes so you don't miss out!

In this episode, Host Tim O'Toole is once again joined by Melissa Burgess, Counsel at Miller & Chevalier. Tim and Melissa discuss the major events and developments in 2025 for the Committee on Foreign Investment in the United States (CFIUS) and the Outbound Investment program that is sometimes referred to as "Reverse CFIUS" (because it involves restrictions on U.S. investment into foreign countries, rather than foreign investment in the U.S.). Tim and Melissa also shared their thoughts on what might be coming in 2026.

*******

Thanks to our guest for joining us:

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

Questions? Contact us at podcasts@milchev.com.

EMBARGOED! is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts. EMBARGOED! is intelligent talk about sanctions, export controls, and all things international trade for trade nerds and normal human beings alike. Each episode will feature deep thoughts and hot takes about the latest headline-grabbing developments in this area of the law, as well as some below-the-radar items to keep an eye on. Subscribe wherever you get your podcasts for new episodes so you don't miss out!

Host Tim O'Toole is joined by guests Melissa Burgess (Counsel at Miller & Chevalier) and Michael Burton (Partner at Jacobsen Burton Kelley) to make their draft picks from a pool of Bureau of Industry and Security (BIS) actions in 2025. Throughout the draft, they dissect each other’s choices, issue some compliments, suggest New Year's resolutions for the agency, and propose a new test for BIS agents. Picks include what BIS didn't do in 2025, the Affiliates Rule, and lifting comprehensive sanctions on Syria.

*******

Thanks to our guests for joining us:

Michael Burton: https://www.jbktradelaw.com/michael-l-burton 

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

Questions? Contact us at podcasts@milchev.com.

EMBARGOED! is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts. EMBARGOED! is intelligent talk about sanctions, export controls, and all things international trade for trade nerds and normal human beings alike. Each episode will feature deep thoughts and hot takes about the latest headline-grabbing developments in this area of the law, as well as some below-the-radar items to keep an eye on. Subscribe wherever you get your podcasts for new episodes so you don't miss out!

Happy new year from your friends at EMBARGOED! Tim and Miller & Chevalier's Caroline Watson and Collmann Griffin draft the most significant OFAC events of 2025. The draft is three rounds and picks include sanctions relating to Iran, narco-trafficking, Yemen, Russia, Venezuela, Syria, China, and the International Criminal Court (ICC).

*******

Thanks to our guests for joining us:

Collmann Griffin: https://www.millerchevalier.com/professional/collmann-griffin 

Caroline Watson: https://www.millerchevalier.com/professional/caroline-j-watson 

Questions? Contact us at podcasts@milchev.com.

EMBARGOED! is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts. EMBARGOED! is intelligent talk about sanctions, export controls, and all things international trade for trade nerds and normal human beings alike. Each episode will feature deep thoughts and hot takes about the latest headline-grabbing developments in this area of the law, as well as some below-the-radar items to keep an eye on. Subscribe wherever you get your podcasts for new episodes so you don't miss out!

On this episode of EMBARGOED!, host Tim O'Toole is joined by Miller & Chevalier's Collmann Griffin and Claire O'Neill McCleskey, former Head of the OFAC Compliance Division, to discuss sanctions compliance in the shipping industry.

Roadmap:

• Typologies
  • Iran
  • Russia, including Lukoil/Rosneft and price cap
  • North Korea
• How can you protect yourself?
  • Best commercial screening tools
  • Tips for insurers
    • Price cap
    • EU/U.S. divergence
    • Foreign Terrorist Organizations (FTOs)/cartels
  • Tips for flag registries
  • Are S2S transfers ever okay? 

*******

Thanks to our guests for joining us: 

Claire O'Neill McCleskey: https://www.linkedin.com/in/claire-o-neill-mccleskey/ 

Collmann Griffin: https://www.millerchevalier.com/professional/collmann-griffin 

Questions? Contact us at podcasts@milchev.com.

EMBARGOED! is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts. EMBARGOED! is intelligent talk about sanctions, export controls, and all things international trade for trade nerds and normal human beings alike. Each episode will feature deep thoughts and hot takes about the latest headline-grabbing developments in this area of the law, as well as some below-the-radar items to keep an eye on. Subscribe wherever you get your podcasts for new episodes so you don't miss out!

This week, host Tim O'Toole chats with Damien Spleeters (Conflict Armament Research) and return guest Collmann Griffin (Miller & Chevalier) about how bad actors use sophisticated evasion tactics to circumvent U.S. export controls and sanctions to obtain components America's adversaries need for missiles, drones, and other weapons systems.

Roadmap:

• Background on Conflict Armament Research (CAR), particularly CAR's work in Ukraine
• Western components that end up in Russian, Iranian, North Korean, and other weapons systems and how this overlaps with the BIS Common High Priority List (CHPL)
• A walkthrough of how an item makes its way from a U.S.-owned fabricator to a foreign weapons system
• Screening/due diligence steps recommended for manufacturers and distributors of high-priority items

*******

Thanks to our guests for joining us: 

Damien Spleeters: https://www.linkedin.com/in/damienspleeters/

Collmann Griffin: https://www.millerchevalier.com/professional/collmann-griffin 

Questions? Contact us at podcasts@milchev.com.

EMBARGOED! is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts. EMBARGOED! is intelligent talk about sanctions, export controls, and all things international trade for trade nerds and normal human beings alike. Each episode will feature deep thoughts and hot takes about the latest headline-grabbing developments in this area of the law, as well as some below-the-radar items to keep an eye on. Subscribe wherever you get your podcasts for new episodes so you don't miss out!

On this episode of EMBARGOED!, host Tim O'Toole is joined by Matteson Ellis (Latin America Practice Lead at Miller & Chevalier) discuss all the sanctions news from Latin America, with a focus on recent developments in Mexico.

Roadmap:

• Introduction, Matt goes to Mexico
• Foreign Terrorist Organizations (FTOs) and LatAm
• Mexico, FTOs, and FinCEN orders
• What's happening on the ground
• The rest of LatAm
• Looking into the crystal ball

*******

Thanks to Matt Ellis for joining us: https://www.millerchevalier.com/professional/matteson-ellis  

Questions? Contact us at podcasts@milchev.com.

EMBARGOED! is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts. EMBARGOED! is intelligent talk about sanctions, export controls, and all things international trade for trade nerds and normal human beings alike. Each episode will feature deep thoughts and hot takes about the latest headline-grabbing developments in this area of the law, as well as some below-the-radar items to keep an eye on. Subscribe wherever you get your podcasts for new episodes so you don't miss out!

On this episode of EMBARGOED!, host Tim O'Toole, Miller & Chevalier Counsel Melissa Burgess and Collmann Griffin, and guest Chris Chamberlain of Morrison & Foerster continue their discussion of AI chip-related export controls, musing about Infrastructure-as-a-Service (IaaS) considerations, semiconductor manufacturing equipment (SME), and the much-anticipated BIS release of a 50 Percent Rule for the Entity List.

Roadmap:

• May 13, 2025, BIS Policy Statement on training AI models
• Controls on SME and balancing foreign policy, national security, and other reasons for control under the EAR
• Not reasons for control: Economic and other factors BIS does not consider determinative when assessing controls
• Pros and cons of BIS having an OFAC-style 50 Percent Rule for the Entity List

*******

Thanks to our guests for joining us:

Chris Chamberlain: https://www.mofo.com/people/chris-chamberlain 

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

Collmann Griffin: https://www.millerchevalier.com/professional/collmann-griffin 

Questions? Contact us at podcasts@milchev.com.

EMBARGOED! is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts. EMBARGOED! is intelligent talk about sanctions, export controls, and all things international trade for trade nerds and normal human beings alike. Each episode will feature deep thoughts and hot takes about the latest headline-grabbing developments in this area of the law, as well as some below-the-radar items to keep an eye on. Subscribe wherever you get your podcasts for new episodes so you don't miss out!

On this episode of EMBARGOED!, host Tim O'Toole is joined by Miller & Chevalier Counsel Melissa Burgess and Collmann Griffin, and guest Chris Chamberlain of Morrison & Foerster to review the evolution of export controls on AI chips from October 2022 to the present. The discussion explores the variety of tools BIS has employed as it wrestles with tailoring controls, the value of BIS "is informed" letters, and chip diversion.

Roadmap:

• The October 7 IFR and a brief tour of subsequent changes through May 2025
• Identifying a problem versus tailoring controls: Troubleshooting how to restrict access to the most advanced compute resources and the tools necessary to manufacture them
• Assessing the benefits to both BIS and industry of "is informed" letters
• Predictions for the next iteration of the AI Diffusion Rule
• A diversion into the problem of diversion: Red flags and tactics identified in the wild

*******

Thanks to our guests for joining us:

Chris Chamberlain: https://www.mofo.com/people/chris-chamberlain 

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

Collmann Griffin: https://www.millerchevalier.com/professional/collmann-griffin 

Questions? Contact us at podcasts@milchev.com.

EMBARGOED! is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts. EMBARGOED! is intelligent talk about sanctions, export controls, and all things international trade for trade nerds and normal human beings alike. Each episode will feature deep thoughts and hot takes about the latest headline-grabbing developments in this area of the law, as well as some below-the-radar items to keep an eye on. Subscribe wherever you get your podcasts for new episodes so you don't miss out!

Host Tim O'Toole discusses the latest EU sanctions on Russia with returning guests Collmann Griffin (Miller & Chevalier) and Dr. Tobias Ackermann (BLOMSTEIN). They focus on EU sanctions on Russia imposed that may be stricter than or conflict with their U.S. counterparts.

Roadmap:

• Logistics of the sanctions
• Imports and purchase - aluminum and Russian petroleum
• Software
• Finance and crypto
• "Best efforts" - EU operators that own or control non-EU entities, including U.S. companies with EU-based subsidiaries, are required to use “best efforts” to ensure that those entities do not undermine EU sanctions against Russia and Belarus
• "No Russia" and "No Belarus" clauses
• Future measures

*******

Thanks to our guests for joining us:

Collmann Griffin: https://www.millerchevalier.com/professional/collmann-griffin 

Dr. Tobias Ackermann: https://www.blomstein.com/en/team/dr-tobias-ackermann 

Questions? Contact us at podcasts@milchev.com.

EMBARGOED! is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts. EMBARGOED! is intelligent talk about sanctions, export controls, and all things international trade for trade nerds and normal human beings alike. Each episode will feature deep thoughts and hot takes about the latest headline-grabbing developments in this area of the law, as well as some below-the-radar items to keep an eye on. Subscribe wherever you get your podcasts for new episodes so you don't miss out!

On this episode of EMBARGOED! Host Tim O'Toole is joined by guests Melissa Burgess (Miller & Chevalier) and Dr. Tobias Ackerman (BLOMSTEIN) to compare and contrast the foreign investment review regimes in the EU and Germany with the CFIUS process in the U.S.

Roadmap:

• Brief introduction to Germany's FDI regime and the EU regime
• A quick history of CFIUS
• Exploration of the types of transactions subject to review and mandatory versus voluntary filing triggers
• Summaries of the different filing and assessment processes
• Review of recent and pending FDI developments in the U.S. and EU, including the America First Investment Policy

*******

Thanks to our guests for joining us:

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

Dr. Tobias Ackermann: https://www.blomstein.com/en/team/dr-tobias-ackermann 

Questions? Contact us at podcasts@milchev.com.

EMBARGOED! is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts. EMBARGOED! is intelligent talk about sanctions, export controls, and all things international trade for trade nerds and normal human beings alike. Each episode will feature deep thoughts and hot takes about the latest headline-grabbing developments in this area of the law, as well as some below-the-radar items to keep an eye on. Subscribe wherever you get your podcasts for new episodes so you don't miss out!

Host Tim O'Toole is joined by fellow Miller & Chevalier Member Leah Moushey to unpack the recent conviction of Tornado Cash co-founder Roman Storm for operating an unlicensed money transmitting business, an outcome that surprised many given the jury's deadlock on the more severe money laundering and sanctions charges.  

The discussion explores how this case reflects the evolving enforcement landscape at the intersection of crypto, DeFi, and national security. Tim and Leah delve into the broader implications of the verdict including challenges regulators face in applying traditional AML and sanctions frameworks to new technology, including decentralized platforms.

*******

Thanks to Leah Moushey for joining us: https://www.millerchevalier.com/professional/leah-moushey 

Questions? Contact us at podcasts@milchev.com.

EMBARGOED! is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts. EMBARGOED! is intelligent talk about sanctions, export controls, and all things international trade for trade nerds and normal human beings alike. Each episode will feature deep thoughts and hot takes about the latest headline-grabbing developments in this area of the law, as well as some below-the-radar items to keep an eye on. Subscribe wherever you get your podcasts for new episodes so you don't miss out!

In this episode of EMBARGOED!, host Tim O'Toole and his guest, Miller & Chevalier Counsel Collmann Griffin, make predictions of what's next in sanctions and export controls, including Russia, Iran, Latin America, and AI chips.

Roadmap:

• Intro
• Upcoming Russia sanctions and tariffs
• Likelihood of an Iran deal
• Latin America, Foreign Terrorist Organizations, Mexico, Brazil, and human rights sanctions
• BIS, AI chips, 50% Rule

*******

Thanks to Collmann Griffin for joining us: https://www.millerchevalier.com/professional/collmann-griffin 

Questions? Contact us at podcasts@milchev.com.

EMBARGOED! is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts. EMBARGOED! is intelligent talk about sanctions, export controls, and all things international trade for trade nerds and normal human beings alike. Each episode will feature deep thoughts and hot takes about the latest headline-grabbing developments in this area of the law, as well as some below-the-radar items to keep an eye on. Subscribe wherever you get your podcasts for new episodes so you don't miss out!

On this episode of EMBAROGED!, host Tim O'Toole and his guests, Miller & Chevalier Counsel Melissa Burgess and Collmann Griffin, explore the various ways the U.S. government lifts sanctions programs and corresponding export controls.

Roadmap:

• So you want to lift sanctions: How can you do it? What complexities might be involved?
• A quick tour of history:
  • Lifting sanctions under TWEA Section 5(b) in 1917
  • Lifting sanctions on China between 1969 and 1980
• Syria sanctions and GL 25
• Eliminating easy sanctions programs: West Bank and Zimbabwe
• Lifting complex sanctions programs: Myanmar/Burma and Sudan; "zombie programs" like Libya
• How to lift restrictions when the sanctions program target is a State Sponsor of Terrorism
• Iraq sanctions programs: I, II, and III

*******

Thanks to our guests for joining us:

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

Collmann Griffin: https://www.millerchevalier.com/professional/collmann-griffin 

Special thanks to summer associate Chenyang Wang for her assistance in preparing this episode.

Questions? Contact us at podcasts@milchev.com.

EMBARGOED! is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts. EMBARGOED! is intelligent talk about sanctions, export controls, and all things international trade for trade nerds and normal human beings alike. Each episode will feature deep thoughts and hot takes about the latest headline-grabbing developments in this area of the law, as well as some below-the-radar items to keep an eye on. Subscribe wherever you get your podcasts for new episodes so you don't miss out!

This week on EMBARGOED!, host Tim O'Toole is joined by Dr. Tobias Ackermann (BLOMSTEIN) and Caroline Watson (Miller & Chevalier) discuss the growing divergence between the U.S. and EU on key trade issues including economic sanctions on Russia, reciprocal tariffs, and export controls.

Roadmap:

• Increasing disparity between U.S. and EU regulations and policies, regarding Russia
  • EU's release of 16th Sanctions Package on Russia in early March
  • Changes in approach to Russia from the Biden administration to the Trump administration, including in collaboration with the EU and dialogue with Russia
• U.S.-EU trade war: new U.S. tariffs on the EU and EU countermeasures
• The "bazooka" – the EU's 2023 anti-coercion instrument and whether it could be used in response to U.S. tariffs
• Export controls and how the U.S. is reportedly pulling away from collaboration with the EU on the development of further controls

*******

Thanks to our guests for joining us:

Dr. Tobias Ackermann: https://www.blomstein.com/en/team/dr-tobias-ackermann 

Caroline Watson: https://www.millerchevalier.com/professional/caroline-j-watson 

Questions? Contact us at podcasts@milchev.com.

EMBARGOED! is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts. EMBARGOED! is intelligent talk about sanctions, export controls, and all things international trade for trade nerds and normal human beings alike. Each episode will feature deep thoughts and hot takes about the latest headline-grabbing developments in this area of the law, as well as some below-the-radar items to keep an eye on. Subscribe wherever you get your podcasts for new episodes so you don't miss out!

On this episode of EMBARGOED!, Tim and guests Matt Fogarty (Lead Counsel – Trade & Human Rights, General Motors) and Caroline Watson (Counsel, Miller & Chevalier) talking about the new Information and Communications Technology and Services (ICTS) regulations with a focus on China, cars, and tech.

Roadmap:

• Background and rationale of ICTS regulations
• The amended ICTS transaction review regulations
• The new Connected Vehicle regulations
• Thoughts on the impact and trajectory of these regulations

*******

Thanks to our guests for joining us:

Matt Fogarty: https://www.linkedin.com/in/matthew-fogarty-8286015/ 

Caroline Watson: https://www.millerchevalier.com/professional/caroline-j-watson 

Questions? Contact us at podcasts@milchev.com.

EMBARGOED! is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts. EMBARGOED! is intelligent talk about sanctions, export controls, and all things international trade for trade nerds and normal human beings alike. Each episode will feature deep thoughts and hot takes about the latest headline-grabbing developments in this area of the law, as well as some below-the-radar items to keep an eye on. Subscribe wherever you get your podcasts for new episodes so you don't miss out!

Host Tim O'Toole and guests Melissa Burgess (Miller & Chevalier) and Johanna Reeves (Reeves & Dola, LLP) discuss changes to the ITAR that came into effect in 2024, proposed rules that could be finalized in 2025, and the enforcement outlook for the new year.

Roadmap:

• Updates: Addition of Nicaragua as a 126.1 country and new DDTC guidance for universities
• Deeper dives
  • Expansion of § 120.54: Activities that are not exports, reexports, retransfers, or temporary imports
  • AUKUS-related changes and new FAQs
  • Proposed rules: defense services
• Enforcement: DDTC and BIS approaches in recent years, what does the future look like in the wake of Jarkesy and Loper Bright?

*******

Thanks to our guests for joining us:

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

Johanna Reeves: https://reevesdola.com/about-johanna-e-reeves 

Questions? Contact us at podcasts@milchev.com.

EMBARGOED! is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts. EMBARGOED! is intelligent talk about sanctions, export controls, and all things international trade for trade nerds and normal human beings alike. Each episode will feature deep thoughts and hot takes about the latest headline-grabbing developments in this area of the law, as well as some below-the-radar items to keep an eye on. Subscribe wherever you get your podcasts for new episodes so you don't miss out!

On this episode, host Tim O'Toole and guests Richard Mojica and Laura Deegan of Miller & Chevalier discuss potential tariffs (including IEEPA and China) and sanctions  changes (including Venezuela and Iran) in a second Trump term.  

*******

Thanks to our guests for joining us:

Richard Mojica: https://www.millerchevalier.com/professional/richard-mojica 

Laura Deegan: https://www.millerchevalier.com/professional/laura-deegan 

Questions? Contact us at podcasts@milchev.com.

EMBARGOED! is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts. EMBARGOED! is intelligent talk about sanctions, export controls, and all things international trade for trade nerds and normal human beings alike. Each episode will feature deep thoughts and hot takes about the latest headline-grabbing developments in this area of the law, as well as some below-the-radar items to keep an eye on. Subscribe wherever you get your podcasts for new episodes so you don't miss out!

On this week's EMBARGOED!, host Tim O'Toole and Miller & Chevalier's Melissa Burgess, with guest Don Pearce, currently a Senior Advisor with Torres Trade Advisory and a retired BIS Special Agent, discuss the role of BIS Special Agents in enforcement actions, plus updates to BIS enforcement policies, recent enforcement actions, and best practices for industry.

Roadmap:

• Introduction
• The role of BIS Special Agents in enforcement actions (compared with the roles of other agencies like HSI or OEE personnel involved in reviewing disclosures)
• How to respond to outreach or a visit from a BIS Special Agent and related tips 
• Providing tips and investigation leads when industry suspects a customer is attempting to divert products: When should industry approach BIS once it identifies red flags? What kind of information is useful?
• Thoughts about the 2022–present changes to BIS enforcement and voluntary self-disclosure policies, including September 2024 regulatory changes
• Highlights from the newest Don’t Let This Happen to You
• Interesting features or lessons to learn from recent enforcement actions

*******

Thanks to our guests for joining us:

Don Pearce: https://torrestradeadvisory.com/team/donald-pearce/ 

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

Questions? Contact us at podcasts@milchev.com.

EMBARGOED! is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts. EMBARGOED! is intelligent talk about sanctions, export controls, and all things international trade for trade nerds and normal human beings alike. Each episode will feature deep thoughts and hot takes about the latest headline-grabbing developments in this area of the law, as well as some below-the-radar items to keep an eye on. Subscribe wherever you get your podcasts for new episodes so you don't miss out!

On this episode of EMBARGOED!, host Tim O'Toole and Miller & Chevalier Counsel Laura Deegan discuss how the upcoming U.S. elections could affect sanctions policy.

Roadmap:

• Introduction
• A new administration is coming - What would a President Harris do? What would a President Trump do?
• Changes in Treasury and State appointees
• Country by Country: Iran, Russia, North Korea, Venezuela, Cuba

*******

Thanks to Laura Deegan for joining us: https://www.millerchevalier.com/professional/laura-deegan

Questions? Contact us at podcasts@milchev.com.

EMBARGOED! is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts. EMBARGOED! is intelligent talk about sanctions, export controls, and all things international trade for trade nerds and normal human beings alike. Each episode will feature deep thoughts and hot takes about the latest headline-grabbing developments in this area of the law, as well as some below-the-radar items to keep an eye on. Subscribe wherever you get your podcasts for new episodes so you don't miss out!

Host Tim O'Toole and Miller & Chevalier Senior Associate Melissa Burgess discuss export control considerations for universities, plus new export controls on advanced tech and revisions to the BIS voluntary self-disclosure regulations.

Roadmap:

• Introduction
• Upcoming speaking, podcasts, and events
• New BIS export control compliance resources for the academic community
  • Compliance Note and Compendium of Resources (Aug. 14, 2024)
  • Special issues in a university/research institute environment
  • Best practices for university export control programs
  • Recent enforcement actions
• New plurilateral approach to controls on advanced tech (Sept. 6, 2024)
• More tweaks to the BIS voluntary self-disclosure process (Sept. 16, 2024)

*******

Thanks to Melissa Burgess for joining us: https://www.millerchevalier.com/professional/melissa-burgess 

Questions? Contact us at podcasts@milchev.com.

EMBARGOED! is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts. EMBARGOED! is intelligent talk about sanctions, export controls, and all things international trade for trade nerds and normal human beings alike. Each episode will feature deep thoughts and hot takes about the latest headline-grabbing developments in this area of the law, as well as some below-the-radar items to keep an eye on. Subscribe wherever you get your podcasts for new episodes so you don't miss out!

This week on EMBARGOED!, host Tim O'Toole is joined by BLOMSTEIN's Dr. Florian Wolf and Hanna Sophie Kurtz to discuss the 14th EU sanctions package against Russia and other sanctions topics.

Roadmap:

• Introduction
• Background to the 14th EU sanctions package against Russia: Why was it necessary? Why was it delayed? What is its purpose, scope, and applicability? What are details of its legal framework and implementation in EU Member States?
• Content of the 14th sanctions package (best-effort obligation (Article 8a), prohibition to circumvent restrictive measures (12), No-Russia clause and No-Belarus clause (12g and 12ga), due diligence for export of common high-priority items and impact on companies (12gb), broadened listed goods (3k) and prohibition to provide services (5n)
• Parallel U.S. sanctions and an update on U.S. sanctions against Russia

*******

Thanks to our guests for joining us:

Dr. Florian Wolf: https://www.blomstein.com/en/team/dr-florian-wolf 

Hanna Sophie Kurtz: https://www.blomstein.com/en/team/hanna-sophie-kurtz 

Questions? Contact us at podcasts@milchev.com.

EMBARGOED! is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts. EMBARGOED! is intelligent talk about sanctions, export controls, and all things international trade for trade nerds and normal human beings alike. Each episode will feature deep thoughts and hot takes about the latest headline-grabbing developments in this area of the law, as well as some below-the-radar items to keep an eye on. Subscribe wherever you get your podcasts for new episodes so you don't miss out!

On this episode of EMBARGOED!, host Tim O'Toole is joined by Miller & Chevalier attorneys Caroline Watson and Melissa Burgess to discuss U.S. controls on investment transactions under the CFIUS program and the new reverse CFIUS program, as well as the potential impact of the Supreme Court’s recent decision in SEC v. Jarkesy on enforcement by civil penalties. 

Roadmap:

• Intro
• CFIUS
• Outbound Investment Program (reverse CFIUS)
• Enforcement
• Penalties and the impact of Jarkesy

*******

Thanks to our guests for joining us:

Caroline Watson: https://www.millerchevalier.com/professional/caroline-j-watson

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

Questions? Contact us at podcasts@milchev.com.

EMBARGOED! is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts. EMBARGOED! is intelligent talk about sanctions, export controls, and all things international trade for trade nerds and normal human beings alike. Each episode will feature deep thoughts and hot takes about the latest headline-grabbing developments in this area of the law, as well as some below-the-radar items to keep an eye on. Subscribe wherever you get your podcasts for new episodes so you don't miss out!

In this episode of EMBARGOED!, host Tim O'Toole and guests Eric Orsini (Lloyd's List Intelligence), Laura Deegan (Miller & Chevalier), and Manny Levitt (Miller & Chevalier) focus on the shipping industry and sanctions compliance. They talk about shipping, insurance, price caps and have an extended discussion of the Dark Fleet.

Road map:

• Introductions
• Introduction to the Price Cap
• Achieving Sanctions Goals
• Downstream Consequences
• The Dark Fleet
• How does China fit in?
• Compliance Considerations
• What's on the horizon from OFAC?

*******

Thanks to our guests for joining us:

Eric Orsini: https://www.lloydslistintelligence.com/

Laura Deegan: https://www.millerchevalier.com/professional/laura-deegan

Manny Levitt: https://www.millerchevalier.com/professional/manuel-levitt

Questions? Contact us at podcasts@milchev.com.

EMBARGOED! is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts. EMBARGOED! is intelligent talk about sanctions, export controls, and all things international trade for trade nerds and normal human beings alike. Each episode will feature deep thoughts and hot takes about the latest headline-grabbing developments in this area of the law, as well as some below-the-radar items to keep an eye on. Subscribe wherever you get your podcasts for new episodes so you don't miss out!

In this episode of EMBARGOED, host Tim O'Toole and guest Erich Ferrari discuss common questions and issues related to the OFAC delisting process.

*******

Thanks to Erich Ferrari for joining us: https://www.ferrariassociatespc.com/our-team/erich-ferrari/ 

Questions? Contact us at podcasts@milchev.com.

EMBARGOED! is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts. EMBARGOED! is intelligent talk about sanctions, export controls, and all things international trade for trade nerds and normal human beings alike. Each episode will feature deep thoughts and hot takes about the latest headline-grabbing developments in this area of the law, as well as some below-the-radar items to keep an eye on. Subscribe wherever you get your podcasts for new episodes so you don't miss out!

In this episode, host Tim O'Toole is joined by guest Doug Jacobson as they podcast live from the last day of the 2024 BIS Update Conference.

Roadmap:

• China
• Russia
• Semiconductors
• ICTS
• Part 744
• DDTC Update

*******

Thanks to Doug Jacobson for joining us: https://www.jbktradelaw.com/douglas-n-jacobson 

Questions? Contact us at podcasts@milchev.com.

EMBARGOED! is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts. EMBARGOED! is intelligent talk about sanctions, export controls, and all things international trade for trade nerds and normal human beings alike. Each episode will feature deep thoughts and hot takes about the latest headline-grabbing developments in this area of the law, as well as some below-the-radar items to keep an eye on. Subscribe wherever you get your podcasts for new episodes so you don't miss out!

On this episode of EMBARGOED!, host Tim O'Toole is joined by Miller & Chevalier Senior Associate Melissa Burgess explore the evolving role played by export controls in U.S. sanctions policy, and discuss a few recent developments.

Roadmap:

• "Sanctions are the New FCPA"
• OFAC’s revised approach to sanctions: 2021 to the present
• The role of BIS and export controls in response to Russia/Ukraine
• Second anniversary designation announcements (February 23, 2024)
• Recent subpoenas to maker of semiconductor manufacturing equipment
• Commerce’s March 1, 2024, ICTS supply chain ANPRM on “Connected Vehicles”

*******

Thanks to Melissa Burgess for joining us: https://www.millerchevalier.com/professional/melissa-burgess 

Questions? Contact us at podcasts@milchev.com.

EMBARGOED! is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts. EMBARGOED! is intelligent talk about sanctions, export controls, and all things international trade for trade nerds and normal human beings alike. Each episode will feature deep thoughts and hot takes about the latest headline-grabbing developments in this area of the law, as well as some below-the-radar items to keep an eye on. Subscribe wherever you get your podcasts for new episodes so you don't miss out!

In this episode of EMBAROGED!, host Tim O'Toole and his guest, fellow Miller & Chevalier attorney Laura Deegan, recap sanctions developments in 2023, focusing on developments in U.S. sanctions against Russia, Iran, Venezuela, and virtual currency companies.

Roadmap:

RUSSIA

• Sanctions designation trends
• New directive/determinations
  • Sector-wide determinations under E.O. 14024 Section 1(a)(i)
  • Service-related designations under E.O. 14071 Sections 1(a)(ii), 1(b), and 5
  • Import-related restrictions under E.O. 14068 1(a)(i)(B), as amended
  • Import-related restrictions under E.O. 14068 Sections 1(a)(i)(A) and 1(a)(i)(D)
• E.O. 14114 (amendment to E.O. 14024 and 14068)
• Price cap

IRAN

VENEZUELA

VIRTUAL CURRENCY

COUNTER-TERRORISM SANCTIONS

*******

Thanks to Laura Deegan for joining us: https://www.millerchevalier.com/professional/laura-deegan

Questions? Contact us at podcasts@milchev.com.

EMBARGOED! is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts. EMBARGOED! is intelligent talk about sanctions, export controls, and all things international trade for trade nerds and normal human beings alike. Each episode will feature deep thoughts and hot takes about the latest headline-grabbing developments in this area of the law, as well as some below-the-radar items to keep an eye on. Subscribe wherever you get your podcasts for new episodes so you don't miss out!

In this episode, host Tim O'Toole and guest Scott Gearity, President of the Export Compliance Training Institute (ECTI), talk in-depth about the International Traffic in Arms Regulations (ITAR). They discuss the growing importance of the regulations related to the provision of defense services abroad by U.S. persons, the jurisdictional implications of importing of foreign made defense articles into the U.S., the growing compliance challenges of the deemed export rule, the recently revised Directorate of Defense Trade Controls (DDTC) compliance guidelines and risk matrices, the reorganization of the ITAR, the 10-year anniversary of export control reform (ECR), and the effect ECR has had on the Export Administration Regulations (EAR). 

Roadmap:

• Introduction
• Defense services abroad
• Subject to the ITAR from coming into the U.S.
• Deemed export/SpaceX
• ITAR Part 120 rewrite
• DDTC revised compliance program guidance/risk matrix
• 10-year anniversary of ECR
• Complexity at the Bureau of Industry and Security (BIS)

*******

Thanks to Scott Gearity for joining us: https://www.learnexportcompliance.com/people/scott-gearity/ 

Questions? Contact us at podcasts@milchev.com.

EMBARGOED! is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts.

EMBARGOED! is intelligent talk about sanctions, export controls, and all things international trade for trade nerds and normal human beings alike. Each episode will feature deep thoughts and hot takes about the latest headline-grabbing developments in this area of the law, as well as some below-the-radar items to keep an eye on. Subscribe wherever you get your podcasts for new bi-weekly episodes so you don't miss out!

On this episode of EMBARGOED!, host Tim O'Toole and guest Leah Moushey (Counsel, Miller & Chevalier) return to the subject of cryptocurrency mixers, specifically in the context of Tornado Cash and recent agency guidance.  Their discussion looks at the recent federal ruling in a challenge to its designation brought by Tornado Cash and the subject of cryptocurrency and Office of Foreign Assets Control (OFAC) designations generally.

Roadmap:

• Introduction
• Tornado Cash
  • OFAC Designation
  • Storm and Semenov charged with conspiracy to commit sanctions violations
• FinCEN proposes new regulation to enhance transparency in convertible virtual currency mixing and combat terrorist financing
• Hamas virtual currency fundraising and sanctions

*******

Thanks to Leah Moushey for joining us: https://www.millerchevalier.com/professional/leah-moushey 

Questions? Contact us at podcasts@milchev.com.

EMBARGOED! is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts.

EMBARGOED! is intelligent talk about sanctions, export controls, and all things international trade for trade nerds and normal human beings alike. Each episode will feature deep thoughts and hot takes about the latest headline-grabbing developments in this area of the law, as well as some below-the-radar items to keep an eye on. Subscribe wherever you get your podcasts for new bi-weekly episodes so you don't miss out!

Tim and this week's guest, Miller & Chevalier Counsel Laura Deegan, talk about big recent changes to Venezuela sanctions, including a discussion of what happened, how long its expected to last, and what companies can do to better understand and comply with the changed sanctioned regime in Venezuela.

Roadmap:

The U.S. government suspended certain sanctions measures in three sectors of the Venezuelan economy: oil and gas, gold, and finance.  

• Oil and Gas Sector/GL 44
• Gold Sector/GL 43
• Financial Sector/GL 3I and GL 9H

*******

Thanks to Laura Deegan for joining us: https://www.millerchevalier.com/professional/laura-deegan 

Questions? Contact us at podcasts@milchev.com.

EMBARGOED! is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts.

EMBARGOED! is intelligent talk about sanctions, export controls, and all things international trade for trade nerds and normal human beings alike. Each episode will feature deep thoughts and hot takes about the latest headline-grabbing developments in this area of the law, as well as some below-the-radar items to keep an eye on. Subscribe wherever you get your podcasts for new bi-weekly episodes so you don't miss out!

This week on EMBARGOED! host Tim O'Toole is joined by guests Dr. Laura Louca of Blomstein and Caroline Watson of Miller & Chevalier to talk about how EU and U.S. sanctions have evolved in the past 18 months in a time of growing sanctions infrastructure in Europe and growing coordination of policy in the U.S.  They'll focus on similarities and differences in U.S. and EU regimes.

Roadmap:

• Before 2023 Russia sanctions
• Russia sanctions in 2023 have been very different
  • Unprecedented coordination
  • Key differences between U.S. and EU Russia sanctions
    • Issuance
    • Jurisdiction
    • Licensing
    • Seizure/expropriation of assets
    • Recourse for sanctioned parties
    • Challenges with divestment from Russia
    • Export controls

*******

Thanks to our guests for joining us:

Dr. Laura Louca: https://www.blomstein.com/en/team.php?p=dr-laura-louca

Caroline Watson: https://www.millerchevalier.com/professional/caroline-j-watson

Questions? Contact us at podcasts@milchev.com.

EMBARGOED! is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts.

EMBARGOED! is intelligent talk about sanctions, export controls, and all things international trade for trade nerds and normal human beings alike. Each episode will feature deep thoughts and hot takes about the latest headline-grabbing developments in this area of the law, as well as some below-the-radar items to keep an eye on. Subscribe wherever you get your podcasts for new bi-weekly episodes so you don't miss out!

This week, in light of the expanding multi-lateral sanctions against Russia and the focus on financial institutions as the front lines of sanctions compliance, host Tim O'Toole and guest Stéphanie Broekaart (Magara Sanctions and Export Controls Compliance Counseling) take a close look at the role of financial institutions in export controls and sanctions compliance.   

Roadmap

• First things first: the exact role of banks in sanctions compliance
• List-based sanctions
• Embargoed countries and internal policies
• Humanitarian/non-sanctioned activities involving comprehensively sanctioned countries
• Enforcement
• Circumvention and evasion

*******

Thanks to Stéphanie Broekaart for joining us: https://www.linkedin.com/in/st%C3%A9phanie-broekaart-05a2a462/ 

Questions? Contact us at podcasts@milchev.com.

EMBARGOED! is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts.

EMBARGOED! is intelligent talk about sanctions, export controls, and all things international trade for trade nerds and normal human beings alike. Each episode will feature deep thoughts and hot takes about the latest headline-grabbing developments in this area of the law, as well as some below-the-radar items to keep an eye on. Subscribe wherever you get your podcasts for new bi-weekly episodes so you don't miss out!

In this week's episode, Tim and guests John Boscariol (Partner, McCarthy Tetrault) and Stacy Keen (Partner, Pinsent Masons) focus on Canadian sanctions, including the evolution of the Russia sanctions, a comparison of Canadian and U.S. approaches to ownership and control issues, and a look at unique compliance challenges.

Roadmap:

• 50,000 foot primer on Canadian sanctions, including sanctions authority and enforcement
• Sanctions against Russia since Feb. 2022 and how Canadian sanctions have evolved
• Comparison of ownership and control approaches in the U.S. and Canada
  • Challenge of ownership and control in the U.S., EU, and Canada
  • Canadian approach (traditional and new legislation)
  • Compliance challenges

*******

Thanks to our guests for joining us:

John Boscariol: https://www.mccarthy.ca/en/people/john-boscariol

Stacy Keen: https://www.pinsentmasons.com/people/stacy-keen 

Questions? Contact us at podcasts@milchev.com.

EMBARGOED! is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts.

EMBARGOED! is intelligent talk about sanctions, export controls, and all things international trade for trade nerds and normal human beings alike. Each episode will feature deep thoughts and hot takes about the latest headline-grabbing developments in this area of the law, as well as some below-the-radar items to keep an eye on. Subscribe wherever you get your podcasts for new bi-weekly episodes so you don't miss out!

In the wake of most recent round of sanctions against Russia, host Tim O'Toole and guest Dara Fernandez Perez (General Counsel – Trade Sanctions, EMEAI at Honeywell) discuss the impact of earlier sanctions packages, the challenges and opportunities those sanctions have created for the sanctions compliance and legal communities, and the particulars of the latest sanctions on both sides of the Atlantic.

Roadmap:

• Overview of Russia sanctions since February 2022 in the EU, U.K., and U.S.
• New EU and U.K. sanctions
• U.S. sanctions/export controls
  • E.O. 14024: Authority to designate companies operating in Architecture, Engineering, Construction, Manufacturing, and Transportation
  • E.O. 14071: Prohibition on architecture and engineering services
  • Over 300 designations by OFAC/State, focusing on sanctions evasion, tech imports, and energy and extractive revenue, including Polyus (subject to wind-down GL)
  • BIS Export Controls
  • FinCEN-BIS Joint Alert 

*******

Thanks to Dara Fernandez Perez for joining us: https://www.linkedin.com/in/dara-fernandez-perez-2ab9a912/

Questions? Contact us at podcasts@milchev.com.

EMBARGOED! is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts.

EMBARGOED! is intelligent talk about sanctions, export controls, and all things international trade for trade nerds and normal human beings alike. Each episode will feature deep thoughts and hot takes about the latest headline-grabbing developments in this area of the law, as well as some below-the-radar items to keep an eye on. Subscribe wherever you get your podcasts for new bi-weekly episodes so you don't miss out!

Host Tim O'Toole is joined by guest Art Dicker (Senior Counsel with R&P China Lawyers in Shanghai) to discuss the ongoing TikTok legal saga. They'll outline the history of regulation and executive orders regarding TikTok and the proposed legislation addressing it moving forward. 

Roadmap:

• History
  • Commerce Department executive order under IEEPA
  • CFIUS (music.ly acquisition)
  • Supply Chain Notice of Rulemaking and EO (under IEEPA)
• Proposals
  • Proposed legislation that would undo result of litigation by amending IEEPA
  • Proposed legislation that would focus on data privacy concerns

*******

Thanks to our guest, Art Dicker, for joining us: https://www.rplawyers.com/lawyer/art-dicker/

Questions? Contact us at podcasts@milchev.com.

EMBARGOED! is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts.

EMBARGOED! is intelligent talk about sanctions, export controls, and all things international trade for trade nerds and normal human beings alike. Each episode will feature deep thoughts and hot takes about the latest headline-grabbing developments in this area of the law, as well as some below-the-radar items to keep an eye on. Subscribe wherever you get your podcasts for new bi-weekly episodes so you don't miss out!

This week, host Tim O'Toole and our guest Roland Stein of the Blomstein law firm in Berlin review trade-related developments in Germany in 2022, particularly with regard to sanctions against Russia.

Roadmap:

• German export controls and sanctions
• German enforcement agency
• History of German enforcement pre-Russia
• IT prohibition
• Legal services prohibition
• Price caps
• Germany's Sanctions Enforcement Act II
• Germany's draft strategy paper on China

*******

Thanks to our guest, Roland Stein, for joining us: https://www.blomstein.com/en/team.php?p=dr-roland-m-stein 

Questions? Contact us at podcasts@milchev.com.

EMBARGOED! is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts.

EMBARGOED! is intelligent talk about sanctions, export controls, and all things international trade for trade nerds and normal human beings alike. Each episode will feature deep thoughts and hot takes about the latest headline-grabbing developments in this area of the law, as well as some below-the-radar items to keep an eye on. Subscribe wherever you get your podcasts for new bi-weekly episodes so you don't miss out!

Host Tim O'Toole is joined by Stephenson Harwood's Sue Millar to discuss the relatively new price caps on Russian crude oil and the coming price caps on petroleum products in both the U.S. and the U.K.

*******

Thanks to our guest, Sue Millar, for joining us: https://www.shlegal.com/en/people/sue-millar 

Questions? Contact us at podcasts@milchev.com.

EMBARGOED! is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts.

EMBARGOED! is intelligent talk about sanctions, export controls, and all things international trade for trade nerds and normal human beings alike. Each episode will feature deep thoughts and hot takes about the latest headline-grabbing developments in this area of the law, as well as some below-the-radar items to keep an eye on. Subscribe wherever you get your podcasts for new bi-weekly episodes so you don't miss out!

Happy New Year from EMBARGOED! In this episode, host Tim O'Toole is once again joined by Doug Jacobson from Jacobson Burton Kelley PLLC, this time to go over 2022's major U.S. export controls developments. They'll cover:

• Global developments
  • BIS June 30, 2022 Administrative Enforcement Memo
  • December 5, 2022 ITAR Compliance Program Guidelines
  • Notable enforcement cases
• Country-specific developments
  • Russia: special export controls restrictions, special rules for aircraft
  • China: supercomputer rules

*******

Thanks to our guest, Doug Jacobson, for joining us: https://www.jbktradelaw.com/douglas-n-jacobson 

Questions? Contact us at podcasts@milchev.com.

EMBARGOED! is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts.

EMBARGOED! is intelligent talk about sanctions, export controls, and all things international trade for trade nerds and normal human beings alike. Each episode will feature deep thoughts and hot takes about the latest headline-grabbing developments in this area of the law, as well as some below-the-radar items to keep an eye on. Subscribe wherever you get your podcasts for new bi-weekly episodes so you don't miss out!

In this episode, Tim is joined by Kate Yin (Fangda Partners) and Miller & Chevalier's Richard Mojica and Virginia Newman to discuss due diligence and other issues arising from the newly implemented Uyghur Forced Labor Prevention Act. The group walks through the basics of the UFLPA, the challenges it creates for U.S. importers, the industries it targets for enforcement, and the rebuttable presumption for items traced to Xinjiang province.  The group then turns to identify concrete steps companies are taking to comply with the UFLPA, including how companies are conducting necessary due diligence while at the same time navigating challenges posed by Chinese Anti-Foreign Sanctions law.   

*******

Thanks to our guests for joining us:

Kate Yin: https://www.fangdalaw.com/people/kate-yin/ 

Richard Mojica: https://www.millerchevalier.com/professional/richard-mojica 

Virginia Newman: https://www.millerchevalier.com/professional/virginia-s-newman 

Questions? Contact us at podcasts@milchev.com.

EMBARGOED! is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts.

EMBARGOED! is intelligent talk about sanctions, export controls, and all things international trade for trade nerds and normal human beings alike. Each episode will feature deep thoughts and hot takes about the latest headline-grabbing developments in this area of the law, as well as some below-the-radar items to keep an eye on. Subscribe wherever you get your podcasts for new bi-weekly episodes so you don't miss out!

This week, Tim is joined by Doug Jacobson from Jacobson Burton Kelley PLLC​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​ to discuss new export controls related to China that were put out on October 13, 2022. They'll cover:

• Unverified List and Entity List changes
• New export controls for certain advanced computing integrated circuits, supercomputer end uses, and Entity List modifications
• New controls for certain semiconductor manufacturing items and integrated circuits end uses
• Big changes to the EAR

*******

Thanks to our guest, Doug Jacobson, for joining us: https://www.jbktradelaw.com/douglas-n-jacobson 

Questions? Contact us at podcasts@milchev.com.

EMBARGOED! is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts.

EMBARGOED! is intelligent talk about sanctions, export controls, and all things international trade for trade nerds and normal human beings alike. Each episode will feature deep thoughts and hot takes about the latest headline-grabbing developments in this area of the law, as well as some below-the-radar items to keep an eye on. Subscribe wherever you get your podcasts for new bi-weekly episodes so you don't miss out!

On October 24, 2022, President Biden issued an executive order that created infrastructure that could lead to a significant increase in Nicaragua sanctions. In this emergency podcast, Tim is joined by fellow Miller & Chevalier Member Alejandra Montenegro Almonte and Senior Associate Manuel Levitt to discuss the specifics of the new sanctions order, and talk about what that could mean for Nicaragua and the region.

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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. Each episode will feature deep thoughts and hot takes about the latest headline-grabbing developments in this area of the law, as well as some below-the-radar items to keep an eye on. Subscribe wherever you get your podcasts for new bi-weekly episodes so you don't miss out!

Tim is joined by Van Doorne's Neyah van der Aa for an in-depth discussion of current EU and Dutch sanctions enforcement. They'll touch on the new EU facilitation provision and the new EU limitation on legal services to Russia.  In the lightning round, we're back to crypto with Bittrex.

Roadmap:

• EU sanctions enforcement
• Dutch sanctions enforcement
• New EU facilitation provision
  • What does it mean
  • Challenges
  • Blocking statute
• New EU Limitation on legal services to Russia
• Governing law out of EU will that work for divestment?
• Lighting Round: Bittrex

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Thanks to our guest, Neyah van der Aa, for joining us: https://www.vandoorne.com/en/specialists/neyah-van-der-aa/ 

Questions? Contact us at podcasts@milchev.com.

EMBARGOED! is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts.

EMBARGOED! is intelligent talk about sanctions, export controls, and all things international trade for trade nerds and normal human beings alike. Each episode will feature deep thoughts and hot takes about the latest headline-grabbing developments in this area of the law, as well as some below-the-radar items to keep an eye on. Subscribe wherever you get your podcasts for new bi-weekly episodes so you don't miss out!

And we're back! Tim and guest Tom Stocker of Pinsent Masons in Edinburgh discuss recent and forthcoming Russia sanctions developments in the U.S. and U.K.

Roadmap:

• Russia sanctions and multilateralism
• U.K. enforcement post-Brexit generally and how it could/has affected Russia sanctions enforcement
• Price caps!  Sept. 2 G7 Agreement and OFAC guidance
• Quantum computing sanctions
• Lightning round
  • Russian countermeasures update: Novation of contracts, payments through SDN banks, forced sales
  • Predictions about energy-related sanctions 
  • Predictions about financial institution sanctions

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Thanks to our guest, Tom Stocker, for joining us: https://www.pinsentmasons.com/people/tom-stocker

Questions? Contact us at podcasts@milchev.com.

EMBARGOED! is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts.

EMBARGOED! is intelligent talk about sanctions, export controls, and all things international trade for trade nerds and normal human beings alike. Each episode will feature deep thoughts and hot takes about the latest headline-grabbing developments in this area of the law, as well as some below-the-radar items to keep an eye on. Subscribe wherever you get your podcasts for new bi-weekly episodes so you don't miss out!

EMBARGOED! is going on hiatus for August and will be back in September with a new format. In the meantime, check out our back catalog and keep up to date with our trade alerts on millerchevalier.com.

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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. Each episode will feature deep thoughts and hot takes about the latest headline-grabbing developments in this area of the law, as well as some below-the-radar items to keep an eye on. Subscribe wherever you get your podcasts for new bi-weekly episodes so you don't miss out!

In a landmark EMBARGOED! episode (our 50th!), Brian and Tim start with a Russia roundup to discuss the latest actions from OFAC, BIS, and DOJ. Next, they pivot to Cuba and discuss recent changes to the CACR and debate the likely impact. Finally, Brian and Tim cover the latest news out of Iran and prognosticate, once again, whether JCPOA 2.0 is dead or just on life support.

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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!

Roadmap:

• Introduction
• The Rundown
  • Russia Roundup
  • Cuba
  • Point of No Return for JCPOA 2.0?
• Final Thoughts

***Stay sanctions free.***