EMBARGOED!

This week on EMBARGOED!, host Tim O'Toole is joined by Dr. Tobias Ackermann (BLOMSTEIN) and Caroline Watson (Miller & Chevalier) discuss the growing divergence between the U.S. and EU on key trade issues including economic sanctions on Russia, reciprocal tariffs, and export controls. Roadmap: Increasing disparity between U.S. and EU regulations and policies, regarding Russia EU's release of 16th Sanctions Package on Russia in early March Changes in approach to Russia from the Biden administration to the Trump administration, including in collaboration with the EU and dialogue with Russia U.S.-EU trade war: new U.S. tariffs on the EU and EU countermeasures The "bazooka" – the EU's 2023 anti-coercion instrument and whether it could be used in response to U.S. tariffs Export controls and how the U.S. is reportedly pulling away from collaboration with the EU on the development of further controls ******* Thanks to our guests for joining us: Dr. Tobias Ackermann: https://www.blomstein.com/en/team/dr-tobias-ackermann  Caroline Watson: https://www.millerchevalier.com/professional/caroline-j-watson  Questions? Contact us at podcasts@milchev.com. EMBARGOED! is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts. EMBARGOED! is intelligent talk about sanctions, export controls, and all things international trade for trade nerds and normal human beings alike. Each episode will feature deep thoughts and hot takes about the latest headline-grabbing developments in this area of the law, as well as some below-the-radar items to keep an eye on. Subscribe wherever you get your podcasts for new episodes so you don't miss out!

On this episode of EMBARGOED!, Tim and guests Matt Fogarty (Lead Counsel – Trade & Human Rights, General Motors) and Caroline Watson (Counsel, Miller & Chevalier) talking about the new Information and Communications Technology and Services (ICTS) regulations with a focus on China, cars, and tech. Roadmap: Background and rationale of ICTS regulations The amended ICTS transaction review regulations The new Connected Vehicle regulations Thoughts on the impact and trajectory of these regulations ******* Thanks to our guests for joining us: Matt Fogarty: https://www.linkedin.com/in/matthew-fogarty-8286015/  Caroline Watson: https://www.millerchevalier.com/professional/caroline-j-watson  Questions? Contact us at podcasts@milchev.com. EMBARGOED! is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts. EMBARGOED! is intelligent talk about sanctions, export controls, and all things international trade for trade nerds and normal human beings alike. Each episode will feature deep thoughts and hot takes about the latest headline-grabbing developments in this area of the law, as well as some below-the-radar items to keep an eye on. Subscribe wherever you get your podcasts for new episodes so you don't miss out!

Host Tim O'Toole and guests Melissa Burgess (Miller & Chevalier) and Johanna Reeves (Reeves & Dola, LLP) discuss changes to the ITAR that came into effect in 2024, proposed rules that could be finalized in 2025, and the enforcement outlook for the new year. Roadmap: Updates: Addition of Nicaragua as a 126.1 country and new DDTC guidance for universities Deeper dives Expansion of § 120.54: Activities that are not exports, reexports, retransfers, or temporary imports AUKUS-related changes and new FAQs Proposed rules: defense services Enforcement: DDTC and BIS approaches in recent years, what does the future look like in the wake of Jarkesy and Loper Bright? ******* Thanks to our guests for joining us: Melissa Burgess: https://www.millerchevalier.com/professional/melissa-burgess Johanna Reeves: https://reevesdola.com/about-johanna-e-reeves  Questions? Contact us at podcasts@milchev.com. EMBARGOED! is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts. EMBARGOED! is intelligent talk about sanctions, export controls, and all things international trade for trade nerds and normal human beings alike. Each episode will feature deep thoughts and hot takes about the latest headline-grabbing developments in this area of the law, as well as some below-the-radar items to keep an eye on. Subscribe wherever you get your podcasts for new episodes so you don't miss out!

On this episode, host Tim O'Toole and guests Richard Mojica and Laura Deegan of Miller & Chevalier discuss potential tariffs (including IEEPA and China) and sanctions  changes (including Venezuela and Iran) in a second Trump term.   ******* Thanks to our guests for joining us: Richard Mojica: https://www.millerchevalier.com/professional/richard-mojica  Laura Deegan: https://www.millerchevalier.com/professional/laura-deegan  Questions? Contact us at podcasts@milchev.com. EMBARGOED! is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts. EMBARGOED! is intelligent talk about sanctions, export controls, and all things international trade for trade nerds and normal human beings alike. Each episode will feature deep thoughts and hot takes about the latest headline-grabbing developments in this area of the law, as well as some below-the-radar items to keep an eye on. Subscribe wherever you get your podcasts for new episodes so you don't miss out!

On this week's EMBARGOED!, host Tim O'Toole and Miller & Chevalier's Melissa Burgess, with guest Don Pearce, currently a Senior Advisor with Torres Trade Advisory and a retired BIS Special Agent, discuss the role of BIS Special Agents in enforcement actions, plus updates to BIS enforcement policies, recent enforcement actions, and best practices for industry. Roadmap: Introduction The role of BIS Special Agents in enforcement actions (compared with the roles of other agencies like HSI or OEE personnel involved in reviewing disclosures) How to respond to outreach or a visit from a BIS Special Agent and related tips  Providing tips and investigation leads when industry suspects a customer is attempting to divert products: When should industry approach BIS once it identifies red flags? What kind of information is useful? Thoughts about the 2022–present changes to BIS enforcement and voluntary self-disclosure policies, including September 2024 regulatory changes Highlights from the newest Don't Let This Happen to You Interesting features or lessons to learn from recent enforcement actions ******* Thanks to our guests for joining us: Don Pearce: https://torrestradeadvisory.com/team/donald-pearce/  Melissa Burgess: https://www.millerchevalier.com/professional/melissa-burgess  Questions? Contact us at podcasts@milchev.com. EMBARGOED! is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts. EMBARGOED! is intelligent talk about sanctions, export controls, and all things international trade for trade nerds and normal human beings alike. Each episode will feature deep thoughts and hot takes about the latest headline-grabbing developments in this area of the law, as well as some below-the-radar items to keep an eye on. Subscribe wherever you get your podcasts for new episodes so you don't miss out!

On this episode of EMBARGOED!, host Tim O'Toole and Miller & Chevalier Counsel Laura Deegan discuss how the upcoming U.S. elections could affect sanctions policy. Roadmap: Introduction A new administration is coming - What would a President Harris do? What would a President Trump do? Changes in Treasury and State appointees Country by Country: Iran, Russia, North Korea, Venezuela, Cuba ******* Thanks to Laura Deegan for joining us: https://www.millerchevalier.com/professional/laura-deegan Questions? Contact us at podcasts@milchev.com. EMBARGOED! is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts. EMBARGOED! is intelligent talk about sanctions, export controls, and all things international trade for trade nerds and normal human beings alike. Each episode will feature deep thoughts and hot takes about the latest headline-grabbing developments in this area of the law, as well as some below-the-radar items to keep an eye on. Subscribe wherever you get your podcasts for new episodes so you don't miss out!

Host Tim O'Toole and Miller & Chevalier Senior Associate Melissa Burgess discuss export control considerations for universities, plus new export controls on advanced tech and revisions to the BIS voluntary self-disclosure regulations. Roadmap: Introduction Upcoming speaking, podcasts, and events New BIS export control compliance resources for the academic community Compliance Note and Compendium of Resources (Aug. 14, 2024) Special issues in a university/research institute environment Best practices for university export control programs Recent enforcement actions New plurilateral approach to controls on advanced tech (Sept. 6, 2024) More tweaks to the BIS voluntary self-disclosure process (Sept. 16, 2024) ******* Thanks to Melissa Burgess for joining us: https://www.millerchevalier.com/professional/melissa-burgess  Questions? Contact us at podcasts@milchev.com. EMBARGOED! is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts. EMBARGOED! is intelligent talk about sanctions, export controls, and all things international trade for trade nerds and normal human beings alike. Each episode will feature deep thoughts and hot takes about the latest headline-grabbing developments in this area of the law, as well as some below-the-radar items to keep an eye on. Subscribe wherever you get your podcasts for new episodes so you don't miss out!

This week on EMBARGOED!, host Tim O'Toole is joined by BLOMSTEIN's Dr. Florian Wolf and Hanna Sophie Kurtz to discuss the 14th EU sanctions package against Russia and other sanctions topics. Roadmap: Introduction Background to the 14th EU sanctions package against Russia: Why was it necessary? Why was it delayed? What is its purpose, scope, and applicability? What are details of its legal framework and implementation in EU Member States? Content of the 14th sanctions package (best-effort obligation (Article 8a), prohibition to circumvent restrictive measures (12), No-Russia clause and No-Belarus clause (12g and 12ga), due diligence for export of common high-priority items and impact on companies (12gb), broadened listed goods (3k) and prohibition to provide services (5n) Parallel U.S. sanctions and an update on U.S. sanctions against Russia ******* Thanks to our guests for joining us: Dr. Florian Wolf: https://www.blomstein.com/en/team/dr-florian-wolf  Hanna Sophie Kurtz: https://www.blomstein.com/en/team/hanna-sophie-kurtz    Questions? Contact us at podcasts@milchev.com. EMBARGOED! is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts. EMBARGOED! is intelligent talk about sanctions, export controls, and all things international trade for trade nerds and normal human beings alike. Each episode will feature deep thoughts and hot takes about the latest headline-grabbing developments in this area of the law, as well as some below-the-radar items to keep an eye on. Subscribe wherever you get your podcasts for new episodes so you don't miss out!

On this episode of EMBARGOED!, host Tim O'Toole is joined by Miller & Chevalier attorneys Caroline Watson and Melissa Burgess to discuss U.S. controls on investment transactions under the CFIUS program and the new reverse CFIUS program, as well as the potential impact of the Supreme Court's recent decision in SEC v. Jarkesy on enforcement by civil penalties.  Roadmap: Intro CFIUS Outbound Investment Program (reverse CFIUS) Enforcement Penalties and the impact of Jarkesy ******* Thanks to our guests for joining us: Caroline Watson: https://www.millerchevalier.com/professional/caroline-j-watson Melissa Burgess: https://www.millerchevalier.com/professional/melissa-burgess    Questions? Contact us at podcasts@milchev.com. EMBARGOED! is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts. EMBARGOED! is intelligent talk about sanctions, export controls, and all things international trade for trade nerds and normal human beings alike. Each episode will feature deep thoughts and hot takes about the latest headline-grabbing developments in this area of the law, as well as some below-the-radar items to keep an eye on. Subscribe wherever you get your podcasts for new episodes so you don't miss out!

In this episode of EMBARGOED!, host Tim O'Toole and guests Eric Orsini (Lloyd's List Intelligence), Laura Deegan (Miller & Chevalier), and Manny Levitt (Miller & Chevalier) focus on the shipping industry and sanctions compliance. They talk about shipping, insurance, price caps and have an extended discussion of the Dark Fleet. Road map: Introductions Introduction to the Price Cap Achieving Sanctions Goals Downstream Consequences The Dark Fleet How does China fit in? Compliance Considerations What's on the horizon from OFAC? ******* Thanks to our guests for joining us: Eric Orsini: https://www.lloydslistintelligence.com/ Laura Deegan: https://www.millerchevalier.com/professional/laura-deegan Manny Levitt: https://www.millerchevalier.com/professional/manuel-levitt   Questions? Contact us at podcasts@milchev.com.   EMBARGOED! is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts. EMBARGOED! is intelligent talk about sanctions, export controls, and all things international trade for trade nerds and normal human beings alike. Each episode will feature deep thoughts and hot takes about the latest headline-grabbing developments in this area of the law, as well as some below-the-radar items to keep an eye on. Subscribe wherever you get your podcasts for new episodes so you don't miss out!

In this episode of EMBARGOED, host Tim O'Toole and guest Erich Ferrari discuss common questions and issues related to the OFAC delisting process. ******* Thanks to Erich Ferrari for joining us: https://www.ferrariassociatespc.com/our-team/erich-ferrari/  Questions? Contact us at podcasts@milchev.com. EMBARGOED! is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts. EMBARGOED! is intelligent talk about sanctions, export controls, and all things international trade for trade nerds and normal human beings alike. Each episode will feature deep thoughts and hot takes about the latest headline-grabbing developments in this area of the law, as well as some below-the-radar items to keep an eye on. Subscribe wherever you get your podcasts for new episodes so you don't miss out!

In this episode, host Tim O'Toole is joined by guest Doug Jacobson as they podcast live from the last day of the 2024 BIS Update Conference. Roadmap: China Russia Semiconductors ICTS Part 744 DDTC Update ******* Thanks to Doug Jacobson for joining us: https://www.jbktradelaw.com/douglas-n-jacobson  Questions? Contact us at podcasts@milchev.com. EMBARGOED! is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts. EMBARGOED! is intelligent talk about sanctions, export controls, and all things international trade for trade nerds and normal human beings alike. Each episode will feature deep thoughts and hot takes about the latest headline-grabbing developments in this area of the law, as well as some below-the-radar items to keep an eye on. Subscribe wherever you get your podcasts for new episodes so you don't miss out!

On this episode of EMBARGOED!, host Tim O'Toole is joined by Miller & Chevalier Senior Associate Melissa Burgess explore the evolving role played by export controls in U.S. sanctions policy, and discuss a few recent developments. Roadmap: "Sanctions are the New FCPA" OFAC's revised approach to sanctions: 2021 to the present The role of BIS and export controls in response to Russia/Ukraine Second anniversary designation announcements (February 23, 2024) Recent subpoenas to maker of semiconductor manufacturing equipment Commerce's March 1, 2024, ICTS supply chain ANPRM on “Connected Vehicles” ******* Thanks to Melissa Burgess for joining us: https://www.millerchevalier.com/professional/melissa-burgess  Questions? Contact us at podcasts@milchev.com. EMBARGOED! is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts. EMBARGOED! is intelligent talk about sanctions, export controls, and all things international trade for trade nerds and normal human beings alike. Each episode will feature deep thoughts and hot takes about the latest headline-grabbing developments in this area of the law, as well as some below-the-radar items to keep an eye on. Subscribe wherever you get your podcasts for new episodes so you don't miss out!

In this episode of EMBAROGED!, host Tim O'Toole and his guest, fellow Miller & Chevalier attorney Laura Deegan, recap sanctions developments in 2023, focusing on developments in U.S. sanctions against Russia, Iran, Venezuela, and virtual currency companies. Roadmap: RUSSIA Sanctions designation trends New directive/determinations Sector-wide determinations under E.O. 14024 Section 1(a)(i) Service-related designations under E.O. 14071 Sections 1(a)(ii), 1(b), and 5 Import-related restrictions under E.O. 14068 1(a)(i)(B), as amended Import-related restrictions under E.O. 14068 Sections 1(a)(i)(A) and 1(a)(i)(D) E.O. 14114 (amendment to E.O. 14024 and 14068) Price cap IRAN VENEZUELA VIRTUAL CURRENCY COUNTER-TERRORISM SANCTIONS ******* Thanks to Laura Deegan for joining us: https://www.millerchevalier.com/professional/laura-deegan Questions? Contact us at podcasts@milchev.com. EMBARGOED! is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts. EMBARGOED! is intelligent talk about sanctions, export controls, and all things international trade for trade nerds and normal human beings alike. Each episode will feature deep thoughts and hot takes about the latest headline-grabbing developments in this area of the law, as well as some below-the-radar items to keep an eye on. Subscribe wherever you get your podcasts for new episodes so you don't miss out!

In this episode, host Tim O'Toole and guest Scott Gearity, President of the Export Compliance Training Institute (ECTI), talk in-depth about the International Traffic in Arms Regulations (ITAR). They discuss the growing importance of the regulations related to the provision of defense services abroad by U.S. persons, the jurisdictional implications of importing of foreign made defense articles into the U.S., the growing compliance challenges of the deemed export rule, the recently revised Directorate of Defense Trade Controls (DDTC) compliance guidelines and risk matrices, the reorganization of the ITAR, the 10-year anniversary of export control reform (ECR), and the effect ECR has had on the Export Administration Regulations (EAR).  Roadmap: Introduction Defense services abroad Subject to the ITAR from coming into the U.S. Deemed export/SpaceX ITAR Part 120 rewrite DDTC revised compliance program guidance/risk matrix 10-year anniversary of ECR Complexity at the Bureau of Industry and Security (BIS) ******* Thanks to Scott Gearity for joining us: https://www.learnexportcompliance.com/people/scott-gearity/  Questions? Contact us at podcasts@milchev.com. EMBARGOED! is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts. EMBARGOED! is intelligent talk about sanctions, export controls, and all things international trade for trade nerds and normal human beings alike. Each episode will feature deep thoughts and hot takes about the latest headline-grabbing developments in this area of the law, as well as some below-the-radar items to keep an eye on. Subscribe wherever you get your podcasts for new bi-weekly episodes so you don't miss out!

On this episode of EMBARGOED!, host Tim O'Toole and guest Leah Moushey (Counsel, Miller & Chevalier) return to the subject of cryptocurrency mixers, specifically in the context of Tornado Cash and recent agency guidance.  Their discussion looks at the recent federal ruling in a challenge to its designation brought by Tornado Cash and the subject of cryptocurrency and Office of Foreign Assets Control (OFAC) designations generally. Roadmap: Introduction Tornado Cash OFAC Designation Storm and Semenov charged with conspiracy to commit sanctions violations FinCEN proposes new regulation to enhance transparency in convertible virtual currency mixing and combat terrorist financing Hamas virtual currency fundraising and sanctions ******* Thanks to Leah Moushey for joining us: https://www.millerchevalier.com/professional/leah-moushey  Questions? Contact us at podcasts@milchev.com. EMBARGOED! is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts. EMBARGOED! is intelligent talk about sanctions, export controls, and all things international trade for trade nerds and normal human beings alike. Each episode will feature deep thoughts and hot takes about the latest headline-grabbing developments in this area of the law, as well as some below-the-radar items to keep an eye on. Subscribe wherever you get your podcasts for new bi-weekly episodes so you don't miss out!

Tim and this week's guest, Miller & Chevalier Counsel Laura Deegan, talk about big recent changes to Venezuela sanctions, including a discussion of what happened, how long its expected to last, and what companies can do to better understand and comply with the changed sanctioned regime in Venezuela. Roadmap: The U.S. government suspended certain sanctions measures in three sectors of the Venezuelan economy: oil and gas, gold, and finance.   Oil and Gas Sector/GL 44 Gold Sector/GL 43 Financial Sector/GL 3I and GL 9H ******* Thanks to Laura Deegan for joining us: https://www.millerchevalier.com/professional/laura-deegan  Questions? Contact us at podcasts@milchev.com. EMBARGOED! is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts. EMBARGOED! is intelligent talk about sanctions, export controls, and all things international trade for trade nerds and normal human beings alike. Each episode will feature deep thoughts and hot takes about the latest headline-grabbing developments in this area of the law, as well as some below-the-radar items to keep an eye on. Subscribe wherever you get your podcasts for new bi-weekly episodes so you don't miss out!

This week on EMBARGOED! host Tim O'Toole is joined by guests Dr. Laura Louca of Blomstein and Caroline Watson of Miller & Chevalier to talk about how EU and U.S. sanctions have evolved in the past 18 months in a time of growing sanctions infrastructure in Europe and growing coordination of policy in the U.S.  They'll focus on similarities and differences in U.S. and EU regimes. Roadmap: Before 2023 Russia sanctions Russia sanctions in 2023 have been very different Unprecedented coordination Key differences between U.S. and EU Russia sanctions Issuance Jurisdiction Licensing Seizure/expropriation of assets Recourse for sanctioned parties Challenges with divestment from Russia Export controls ******* Thanks to our guests for joining us: Dr. Laura Louca: https://www.blomstein.com/en/team.php?p=dr-laura-louca Caroline Watson: https://www.millerchevalier.com/professional/caroline-j-watson Questions? Contact us at podcasts@milchev.com. EMBARGOED! is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts. EMBARGOED! is intelligent talk about sanctions, export controls, and all things international trade for trade nerds and normal human beings alike. Each episode will feature deep thoughts and hot takes about the latest headline-grabbing developments in this area of the law, as well as some below-the-radar items to keep an eye on. Subscribe wherever you get your podcasts for new bi-weekly episodes so you don't miss out!  

This week, in light of the expanding multi-lateral sanctions against Russia and the focus on financial institutions as the front lines of sanctions compliance, host Tim O'Toole and guest Stéphanie Broekaart (Magara Sanctions and Export Controls Compliance Counseling) take a close look at the role of financial institutions in export controls and sanctions compliance.    Roadmap First things first: the exact role of banks in sanctions compliance List-based sanctions Embargoed countries and internal policies Humanitarian/non-sanctioned activities involving comprehensively sanctioned countries Enforcement Circumvention and evasion ******* Thanks to Stéphanie Broekaart for joining us: https://www.linkedin.com/in/st%C3%A9phanie-broekaart-05a2a462/  Questions? Contact us at podcasts@milchev.com. EMBARGOED! is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts. EMBARGOED! is intelligent talk about sanctions, export controls, and all things international trade for trade nerds and normal human beings alike. Each episode will feature deep thoughts and hot takes about the latest headline-grabbing developments in this area of the law, as well as some below-the-radar items to keep an eye on. Subscribe wherever you get your podcasts for new bi-weekly episodes so you don't miss out!

In this week's episode, Tim and guests John Boscariol (Partner, McCarthy Tetrault) and Stacy Keen (Partner, Pinsent Masons) focus on Canadian sanctions, including the evolution of the Russia sanctions, a comparison of Canadian and U.S. approaches to ownership and control issues, and a look at unique compliance challenges. Roadmap: 50,000 foot primer on Canadian sanctions, including sanctions authority and enforcement Sanctions against Russia since Feb. 2022 and how Canadian sanctions have evolved Comparison of ownership and control approaches in the U.S. and Canada Challenge of ownership and control in the U.S., EU, and Canada Canadian approach (traditional and new legislation) Compliance challenges ******* Thanks to our guests for joining us: John Boscariol: https://www.mccarthy.ca/en/people/john-boscariol Stacy Keen: https://www.pinsentmasons.com/people/stacy-keen  Questions? Contact us at podcasts@milchev.com. EMBARGOED! is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts. EMBARGOED! is intelligent talk about sanctions, export controls, and all things international trade for trade nerds and normal human beings alike. Each episode will feature deep thoughts and hot takes about the latest headline-grabbing developments in this area of the law, as well as some below-the-radar items to keep an eye on. Subscribe wherever you get your podcasts for new bi-weekly episodes so you don't miss out!

In the wake of most recent round of sanctions against Russia, host Tim O'Toole and guest Dara Fernandez Perez (General Counsel – Trade Sanctions, EMEAI at Honeywell) discuss the impact of earlier sanctions packages, the challenges and opportunities those sanctions have created for the sanctions compliance and legal communities, and the particulars of the latest sanctions on both sides of the Atlantic. Roadmap: Overview of Russia sanctions since February 2022 in the EU, U.K., and U.S. New EU and U.K. sanctions U.S. sanctions/export controls E.O. 14024: Authority to designate companies operating in Architecture, Engineering, Construction, Manufacturing, and Transportation E.O. 14071: Prohibition on architecture and engineering services Over 300 designations by OFAC/State, focusing on sanctions evasion, tech imports, and energy and extractive revenue, including Polyus (subject to wind-down GL) BIS Export Controls FinCEN-BIS Joint Alert  ******* Thanks to Dara Fernandez Perez for joining us: https://www.linkedin.com/in/dara-fernandez-perez-2ab9a912/ Questions? Contact us at podcasts@milchev.com. EMBARGOED! is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts. EMBARGOED! is intelligent talk about sanctions, export controls, and all things international trade for trade nerds and normal human beings alike. Each episode will feature deep thoughts and hot takes about the latest headline-grabbing developments in this area of the law, as well as some below-the-radar items to keep an eye on. Subscribe wherever you get your podcasts for new bi-weekly episodes so you don't miss out!

Host Tim O'Toole is joined by guest Art Dicker (Senior Counsel with R&P China Lawyers in Shanghai) to discuss the ongoing TikTok legal saga. They'll outline the history of regulation and executive orders regarding TikTok and the proposed legislation addressing it moving forward.  Roadmap: History Commerce Department executive order under IEEPA CFIUS (music.ly acquisition) Supply Chain Notice of Rulemaking and EO (under IEEPA) Proposals Proposed legislation that would undo result of litigation by amending IEEPA Proposed legislation that would focus on data privacy concerns ******* Thanks to our guest, Art Dicker, for joining us: https://www.rplawyers.com/lawyer/art-dicker/ Questions? Contact us at podcasts@milchev.com. EMBARGOED! is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts. EMBARGOED! is intelligent talk about sanctions, export controls, and all things international trade for trade nerds and normal human beings alike. Each episode will feature deep thoughts and hot takes about the latest headline-grabbing developments in this area of the law, as well as some below-the-radar items to keep an eye on. Subscribe wherever you get your podcasts for new bi-weekly episodes so you don't miss out!

This week, host Tim O'Toole and our guest Roland Stein of the Blomstein law firm in Berlin review trade-related developments in Germany in 2022, particularly with regard to sanctions against Russia. Roadmap: German export controls and sanctions German enforcement agency History of German enforcement pre-Russia IT prohibition Legal services prohibition Price caps Germany's Sanctions Enforcement Act II Germany's draft strategy paper on China ******* Thanks to our guest, Roland Stein, for joining us: https://www.blomstein.com/en/team.php?p=dr-roland-m-stein  Questions? Contact us at podcasts@milchev.com. EMBARGOED! is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts. EMBARGOED! is intelligent talk about sanctions, export controls, and all things international trade for trade nerds and normal human beings alike. Each episode will feature deep thoughts and hot takes about the latest headline-grabbing developments in this area of the law, as well as some below-the-radar items to keep an eye on. Subscribe wherever you get your podcasts for new bi-weekly episodes so you don't miss out!

Host Tim O'Toole is joined by Stephenson Harwood's Sue Millar to discuss the relatively new price caps on Russian crude oil and the coming price caps on petroleum products in both the U.S. and the U.K. ******* Thanks to our guest, Sue Millar, for joining us: https://www.shlegal.com/en/people/sue-millar  Questions? Contact us at podcasts@milchev.com. EMBARGOED! is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts. EMBARGOED! is intelligent talk about sanctions, export controls, and all things international trade for trade nerds and normal human beings alike. Each episode will feature deep thoughts and hot takes about the latest headline-grabbing developments in this area of the law, as well as some below-the-radar items to keep an eye on. Subscribe wherever you get your podcasts for new bi-weekly episodes so you don't miss out!

Happy New Year from EMBARGOED! In this episode, host Tim O'Toole is once again joined by Doug Jacobson from Jacobson Burton Kelley PLLC, this time to go over 2022's major U.S. export controls developments. They'll cover: Global developments BIS June 30, 2022 Administrative Enforcement Memo December 5, 2022 ITAR Compliance Program Guidelines Notable enforcement cases Country-specific developments Russia: special export controls restrictions, special rules for aircraft China: supercomputer rules ******* Thanks to our guest, Doug Jacobson, for joining us: https://www.jbktradelaw.com/douglas-n-jacobson  Questions? Contact us at podcasts@milchev.com. EMBARGOED! is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts. EMBARGOED! is intelligent talk about sanctions, export controls, and all things international trade for trade nerds and normal human beings alike. Each episode will feature deep thoughts and hot takes about the latest headline-grabbing developments in this area of the law, as well as some below-the-radar items to keep an eye on. Subscribe wherever you get your podcasts for new bi-weekly episodes so you don't miss out!

In this episode, Tim is joined by Kate Yin (Fangda Partners) and Miller & Chevalier's Richard Mojica and Virginia Newman to discuss due diligence and other issues arising from the newly implemented Uyghur Forced Labor Prevention Act. The group walks through the basics of the UFLPA, the challenges it creates for U.S. importers, the industries it targets for enforcement, and the rebuttable presumption for items traced to Xinjiang province.  The group then turns to identify concrete steps companies are taking to comply with the UFLPA, including how companies are conducting necessary due diligence while at the same time navigating challenges posed by Chinese Anti-Foreign Sanctions law.    ******* Thanks to our guests for joining us: Kate Yin: https://www.fangdalaw.com/people/kate-yin/  Richard Mojica: https://www.millerchevalier.com/professional/richard-mojica  Virginia Newman: https://www.millerchevalier.com/professional/virginia-s-newman  Questions? Contact us at podcasts@milchev.com. EMBARGOED! is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts. EMBARGOED! is intelligent talk about sanctions, export controls, and all things international trade for trade nerds and normal human beings alike. Each episode will feature deep thoughts and hot takes about the latest headline-grabbing developments in this area of the law, as well as some below-the-radar items to keep an eye on. Subscribe wherever you get your podcasts for new bi-weekly episodes so you don't miss out!

This week, Tim is joined by Doug Jacobson from Jacobson Burton Kelley PLLC​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​ to discuss new export controls related to China that were put out on October 13, 2022. They'll cover: Unverified List and Entity List changes New export controls for certain advanced computing integrated circuits, supercomputer end uses, and Entity List modifications New controls for certain semiconductor manufacturing items and integrated circuits end uses Big changes to the EAR ******* Thanks to our guest, Doug Jacobson, for joining us: https://www.jbktradelaw.com/douglas-n-jacobson  Questions? Contact us at podcasts@milchev.com. EMBARGOED! is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts. EMBARGOED! is intelligent talk about sanctions, export controls, and all things international trade for trade nerds and normal human beings alike. Each episode will feature deep thoughts and hot takes about the latest headline-grabbing developments in this area of the law, as well as some below-the-radar items to keep an eye on. Subscribe wherever you get your podcasts for new bi-weekly episodes so you don't miss out!

On October 24, 2022, President Biden issued an executive order that created infrastructure that could lead to a significant increase in Nicaragua sanctions. In this emergency podcast, Tim is joined by fellow Miller & Chevalier Member Alejandra Montenegro Almonte and Senior Associate Manuel Levitt to discuss the specifics of the new sanctions order, and talk about what that could mean for Nicaragua and the region. ******* Questions? Contact us at podcasts@milchev.com. EMBARGOED! is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts. EMBARGOED! is intelligent talk about sanctions, export controls, and all things international trade for trade nerds and normal human beings alike. Each episode will feature deep thoughts and hot takes about the latest headline-grabbing developments in this area of the law, as well as some below-the-radar items to keep an eye on. Subscribe wherever you get your podcasts for new bi-weekly episodes so you don't miss out!

Tim is joined by Van Doorne's Neyah van der Aa for an in-depth discussion of current EU and Dutch sanctions enforcement. They'll touch on the new EU facilitation provision and the new EU limitation on legal services to Russia.  In the lightning round, we're back to crypto with Bittrex. Roadmap: EU sanctions enforcement Dutch sanctions enforcement New EU facilitation provision What does it mean Challenges Blocking statute New EU Limitation on legal services to Russia Governing law out of EU will that work for divestment? Lighting Round: Bittrex ******* Thanks to our guest, Neyah van der Aa, for joining us: https://www.vandoorne.com/en/specialists/neyah-van-der-aa/  Questions? Contact us at podcasts@milchev.com. EMBARGOED! is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts. EMBARGOED! is intelligent talk about sanctions, export controls, and all things international trade for trade nerds and normal human beings alike. Each episode will feature deep thoughts and hot takes about the latest headline-grabbing developments in this area of the law, as well as some below-the-radar items to keep an eye on. Subscribe wherever you get your podcasts for new bi-weekly episodes so you don't miss out!

And we're back! Tim and guest Tom Stocker of Pinsent Masons in Edinburgh discuss recent and forthcoming Russia sanctions developments in the U.S. and U.K. Roadmap: Russia sanctions and multilateralism U.K. enforcement post-Brexit generally and how it could/has affected Russia sanctions enforcement Price caps!  Sept. 2 G7 Agreement and OFAC guidance Quantum computing sanctions Lightning round Russian countermeasures update: Novation of contracts, payments through SDN banks, forced sales Predictions about energy-related sanctions  Predictions about financial institution sanctions ******* Thanks to our guest, Tom Stocker, for joining us: https://www.pinsentmasons.com/people/tom-stocker Questions? Contact us at podcasts@milchev.com. EMBARGOED! is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts. EMBARGOED! is intelligent talk about sanctions, export controls, and all things international trade for trade nerds and normal human beings alike. Each episode will feature deep thoughts and hot takes about the latest headline-grabbing developments in this area of the law, as well as some below-the-radar items to keep an eye on. Subscribe wherever you get your podcasts for new bi-weekly episodes so you don't miss out!

EMBARGOED! is going on hiatus for August and will be back in September with a new format. In the meantime, check out our back catalog and keep up to date with our trade alerts on millerchevalier.com. ******* Questions? Contact us at podcasts@milchev.com. EMBARGOED! is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts. EMBARGOED! is intelligent talk about sanctions, export controls, and all things international trade for trade nerds and normal human beings alike. Each episode will feature deep thoughts and hot takes about the latest headline-grabbing developments in this area of the law, as well as some below-the-radar items to keep an eye on. Subscribe wherever you get your podcasts for new bi-weekly episodes so you don't miss out!

In a landmark EMBARGOED! episode (our 50th!), Brian and Tim start with a Russia roundup to discuss the latest actions from OFAC, BIS, and DOJ. Next, they pivot to Cuba and discuss recent changes to the CACR and debate the likely impact. Finally, Brian and Tim cover the latest news out of Iran and prognosticate, once again, whether JCPOA 2.0 is dead or just on life support. ******** Questions? Contact us at podcasts@milchev.com. EMBARGOED! is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts. EMBARGOED! is intelligent talk about sanctions, export controls, and all things international trade for trade nerds and normal human beings alike, hosted by Miller & Chevalier Members Brian Fleming and Tim O'Toole. Each episode will feature deep thoughts and hot takes about the latest headline-grabbing developments in this area of the law, as well as some below-the-radar items to keep an eye on. Subscribe wherever you get your podcasts for new bi-weekly episodes so you don't miss out! Roadmap: Introduction The Rundown Russia Roundup Cuba Point of No Return for JCPOA 2.0? Final Thoughts ***Stay sanctions free.***

In a refreshing change of pace, Brian and Tim spend time on one of their favorite non-Russia topics, China. First, they discuss President Biden's pledge to defend Taiwan from a PRC invasion and what it means (if anything). Next, they discuss the state of China's imports to Russia following the invasion of Ukraine and the growing debate over various proposals in the U.S. to create a "reverse CFIUS" process to review outbound investment to China and other countries of concern. Finally, Brian and Tim cover two new U.S. government advisories focused on North Korean IT workers and Sudan, respectively.  ******** Questions? Contact us at podcasts@milchev.com. EMBARGOED! is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts. EMBARGOED! is intelligent talk about sanctions, export controls, and all things international trade for trade nerds and normal human beings alike, hosted by Miller & Chevalier Members Brian Fleming and Tim O'Toole. Each episode will feature deep thoughts and hot takes about the latest headline-grabbing developments in this area of the law, as well as some below-the-radar items to keep an eye on. Subscribe wherever you get your podcasts for new bi-weekly episodes so you don't miss out! Roadmap: Introduction The Rundown Biden Vows to Defend Taiwan Chinese Exports to Russia Decline Reverse CFIUS DPRK IT Worker Advisory Lightning Round: Sudan Business Advisory Final Thoughts ***Stay sanctions free.***

Brian and Tim kick things off by briefly covering OFAC's issuance, on the eve of Victory Day, of two determinations aimed at disrupting Russia's use of accounting, trust and corporate formation, and management consulting services. Next, they discuss recent public comments by the Deputy Attorney General proclaiming that, as a DOJ enforcement priority, sanctions are the new FCPA. We also check in on what China has been up to lately (with respect to Russia) and share a few thoughts on the recently issued Ukraine-/Russia-Related Sanctions Regulations. Finally, in the Lightning Round, they briefly cover the unsealing of indictments against Virgil Griffith's alleged co-conspirators and debate what it could mean that Nicaragua's ruling family has reportedly reached out to the U.S. seeking sanctions relief. ******** Questions? Contact us at podcasts@milchev.com. EMBARGOED! is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts. EMBARGOED! is intelligent talk about sanctions, export controls, and all things international trade for trade nerds and normal human beings alike, hosted by Miller & Chevalier Members Brian Fleming and Tim O'Toole. Each episode will feature deep thoughts and hot takes about the latest headline-grabbing developments in this area of the law, as well as some below-the-radar items to keep an eye on. Subscribe wherever you get your podcasts for new bi-weekly episodes so you don't miss out! Roadmap:  Introduction The Rundown Sanctions are the New FCPA China and Russia New Ukraine-/Russia-Related Sanctions Regulations Issued Lightning Round European Co-Conspirators of Virgil Griffith Charged Nicaragua Reaches Out for Sanctions Relief Final Thoughts ***Stay sanctions free.***

After a brief break, Brian and Tim are back to catch up on all things Russia, including the biggest compliance challenges thus far, the recent U.S. ban on "new investment," and where things could be headed in the coming months. Next, they head to SDNY to discuss a notable recent sentencing in a North Korea sanctions case. Finally, in the Lightning Round, Brian and Tim debate the role and impact of sanctions-like bans in the world of international sports. ******** Questions? Contact us at podcasts@milchev.com. EMBARGOED! is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts. EMBARGOED! is intelligent talk about sanctions, export controls, and all things international trade for trade nerds and normal human beings alike, hosted by Miller & Chevalier Members Brian Fleming and Tim O'Toole. Each episode will feature deep thoughts and hot takes about the latest headline-grabbing developments in this area of the law, as well as some below-the-radar items to keep an eye on. Subscribe wherever you get your podcasts for new bi-weekly episodes so you don't miss out! Roadmap:  Introduction The Rundown Latest on the U.S. Response to the Russian Invasion of Ukraine Sentencing of Virgil Griffith in SDNY Lightning Round: U.S. v. Iran in the World Cup Final Thoughts ***Stay sanctions free.***

With escalating U.S. and international sanctions and export controls further isolating Russia, and no end in sight to the conflict in Ukraine, Brian and Tim share their thoughts on surprising developments thus far, as well as the regulatory and practical challenges faced by companies whether they are seeking to wind down operations in Russia or stick it out.  They also provide a brief recap of the most significant actions of the past few weeks and ponder what could be coming next.  Finally, in the Lightning Round, Brian and Tim cover the latest on JCPOA 2.0 and reports that a deal is within reach. ******** Questions? Contact us at podcasts@milchev.com. EMBARGOED! is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts. EMBARGOED! is intelligent talk about sanctions, export controls, and all things international trade for trade nerds and normal human beings alike, hosted by Miller & Chevalier Members Brian Fleming and Tim O'Toole. Each episode will feature deep thoughts and hot takes about the latest headline-grabbing developments in this area of the law, as well as some below-the-radar items to keep an eye on. Subscribe wherever you get your podcasts for new bi-weekly episodes so you don't miss out! Roadmap:  Introduction Deep thoughts and latest updates on all things Russia Lightning Round: JCPOA 2.0 Final thoughts ***Stay sanctions free.***

After a tumultuous and historic week, Brian and Tim gather themselves to discuss the U.S. (and global) response to Russia's invasion of Ukraine. They start by diving in to the broad, coordinated economic sanctions aimed at debilitating Russia's financial sector and Putin's inner circle, debate how well the new measures will work, and contemplate what could be coming next. They next turn to the significant expansion of export controls implicating Russia and discuss the likely impact. Finally, in the Lightning Round, Brian and Tim bid farewell to DOJ's China Initiative and read between the lines to decipher DOJ's ongoing priorities. ******** Questions? Contact us at podcasts@milchev.com. EMBARGOED! is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts. EMBARGOED! is intelligent talk about sanctions, export controls, and all things international trade for trade nerds and normal human beings alike, hosted by Miller & Chevalier Members Brian Fleming and Tim O'Toole. Each episode will feature deep thoughts and hot takes about the latest headline-grabbing developments in this area of the law, as well as some below-the-radar items to keep an eye on. Subscribe wherever you get your podcasts for new bi-weekly episodes so you don't miss out! Roadmap:  Introduction The Rundown U.S. Response to Russian Invasion of Ukraine (Sanctions) U.S. Response to Russian Invasion of Ukraine (Export Controls) Lightning Round DOJ's China Initiative = DONE Final Thoughts ***Stay sanctions free.***

Brian and Tim discuss the new E.O. aimed at resolving the question of what to do with Da Afghanistan Bank's assets in the U.S. and debate whether it will work as intended. Next, they place bets on whether it's too late for JCPOA 2.0 to happen and discuss how far the U.S. may be prepared to go to impose costs on China if it disregards the (possible) “crushing” sanctions that could be imposed upon Russia. Finally, Brian and Tim stick with China to briefly cover the recently unsealed trade secret theft charges against Hytera Communications and an atypical CFIUS review initiated by a U.S. company unhappy with its Chinese investors.   ******** Questions? Contact us at podcasts@milchev.com. EMBARGOED! is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts. EMBARGOED! is intelligent talk about sanctions, export controls, and all things international trade for trade nerds and normal human beings alike, hosted by Miller & Chevalier Members Brian Fleming and Tim O'Toole. Each episode will feature deep thoughts and hot takes about the latest headline-grabbing developments in this area of the law, as well as some below-the-radar items to keep an eye on. Subscribe wherever you get your podcasts for new bi-weekly episodes so you don't miss out! Roadmap:  Introduction The Rundown New Afghanistan E.O. JCPOA 2.0 Predictions Russia and China are BFFs? Hytera TS Theft Indictment The Curious Case of Icon Aircraft and CFIUS Final Thoughts ***Stay sanctions free.***

This week on EMBARGOED!, Brian and Tim cover three of their favorite topics: Russia, Iran, and China. First, they discuss the latest U.S. threat to deploy Huawei-style foreign direct product rule restrictions on exports to Russia. Next, they consider whether it is truly now or never for JCPOA 2.0 and, then, contemplate the future of DOJ's China Initiative in the wake of a high-profile dismissal. Finally, in the Lightning Round, Brian and Tim go below deck to provide some perspective on recent developments in a Helms-Burton lawsuit targeting major players in the cruise industry and share some quick thoughts on the new U.S. government advisory regarding Burma (Myanmar).   ******** Questions? Contact us at podcasts@milchev.com. EMBARGOED! is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts. EMBARGOED! is intelligent talk about sanctions, export controls, and all things international trade for trade nerds and normal human beings alike, hosted by Miller & Chevalier Members Brian Fleming and Tim O'Toole. Each episode will feature deep thoughts and hot takes about the latest headline-grabbing developments in this area of the law, as well as some below-the-radar items to keep an eye on. Subscribe wherever you get your podcasts for new bi-weekly episodes so you don't miss out! Roadmap:  Introduction The Rundown FDPR Weaponized Against Russia Now or Never for JCPOA 2.0 The End of DOJ's China Initiative? Lightning Round Helms-Burton Litigation Update - Havana Docks v. the Cruise Lines Newly Issued Burma Business Advisory Final Thoughts ***Stay sanctions free.***

Brian and Tim kick off 2022 by diving deep on Russia and the crisis brewing at Ukraine's border. They discuss the "punishing" sanctions that could be coming if Russia invades Ukraine, Nord Stream 2 (of course), and what companies should be doing right now to prepare for the worst and mitigate risk. In the Lightning Round, Brian and Tim share quick thoughts on the Uyghur Forced Labor Prevention Act, new Commerce Department appointments, and OFAC's recent enforcement action against Airbnb Payments. ******** Questions? Contact us at podcasts@milchev.com. EMBARGOED! is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts. EMBARGOED! is intelligent talk about sanctions, export controls, and all things international trade for trade nerds and normal human beings alike, hosted by Miller & Chevalier Members Brian Fleming and Tim O'Toole. Each episode will feature deep thoughts and hot takes about the latest headline-grabbing developments in this area of the law, as well as some below-the-radar items to keep an eye on. Subscribe wherever you get your podcasts for new bi-weekly episodes so you don't miss out! Roadmap: Introduction The Rundown: RUSSIA! Lightning Round Enactment of the Uyghur Forced Labor Prevention Act New Commerce Department Appointments Take Their Posts OFAC Settlement with Airbnb Final Thoughts ***Stay sanctions free.***

In the year's final episode, Brian and Tim run through a Lightning Round-style discussion of the top economic sanctions and export controls stories of 2021. In no particular order, they discuss: the U.S. hitting the policy reset button, successful court challenges, China!, the slow death of JCPOA 2.0, virtual currency and ransomware, Russia's reemergence, turbulent times yield lots of new sanctions programs and policies, Huawei's CFO gets a DPA, all quiet in the Americas, and a renewed focus on anti-corruption, democracy, and human rights. See you in 2022! Stay sanctions free! ******** Questions? Contact us at podcasts@milchev.com. EMBARGOED! is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts. EMBARGOED! is intelligent talk about sanctions, export controls, and all things international trade for trade nerds and normal human beings alike, hosted by Miller & Chevalier Members Brian Fleming and Tim O'Toole. Each episode will feature deep thoughts and hot takes about the latest headline-grabbing developments in this area of the law, as well as some below-the-radar items to keep an eye on. Subscribe wherever you get your podcasts for new bi-weekly episodes so you don't miss out! Roadmap: Introduction Hitting the Reset Button (Treasury sanctions review, end of ICC E.O., end of TikTok ban, big refresh on E.O. 13959) Successful Court Challenges to Less Than Successful Policies and E.O.s (Xiaomi, Lukong, TikTok/WeChat, ICC E.O.) China, China, China No JCPOA 2.0 Virtual Currency and Ransomware Russia Back in Focus Turbulent Times = Lots of New Sanctions Programs/Actions (Afghanistan, Burma, Ethiopia, Yemen) Huawei CFO DPA Venezuela/Cuba/Nicaragua Focus on Anti-corruption, Democracy, and Human Rights Honorable Mentions - North Korea, DOJ Enforcement Focus Final Thoughts ***Stay sanctions free.***

Before turning to some old favorites, Brian and Tim cover some fresh new topics, including the first designations under, and tailored aims of, the new Ethiopia-related sanctions program and the Cambodia Business Advisory on High-Risk Investments and Interactions. Next, they discuss recent actions to combat Iran's attempts to interfere in the 2020 U.S. presidential election and Russia's latest provocations with respect to Ukraine and Europe's energy supply. Finally, in the Lightning Round, Brian and Tim briefly consider a possible U.S. diplomatic boycott of the Beijing Olympics and the end of OFAC's Burundi sanctions program. ******** Questions? Contact us at podcasts@milchev.com. EMBARGOED! is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts. EMBARGOED! is intelligent talk about sanctions, export controls, and all things international trade for trade nerds and normal human beings alike, hosted by Miller & Chevalier Members Brian Fleming and Tim O'Toole. Each episode will feature deep thoughts and hot takes about the latest headline-grabbing developments in this area of the law, as well as some below-the-radar items to keep an eye on. Subscribe wherever you get your podcasts for new bi-weekly episodes so you don't miss out! Roadmap: Introduction The Rundown New Ethiopia E.O. and Designations Cambodia Business Advisory Election Interference by Iranian Cyber Actors Warning Russia on Ukraine and EU Energy Supply Lightning Round U.S. Close to Announcing Diplomatic Boycott of Beijing Olympics? End of the Burundi Sanctions Program Final Thoughts ***Stay sanctions free.***

Brian and Tim give thanks for having no shortage of China topics to cover (ever), which include BIS's new interim final rule establishing controls on certain items that can be used for malicious cyber activities, authorized (and possibly unauthorized) exports to Huawei, the FCC's revocation and termination of China Telecom Americas' license, and a brief Lightning Round discussion of the latest on Taiwan. In the middle of all that China content, Brian and Tim also discuss the possible implications of a recent FSIA ruling in the Halkbank case.   ******** Questions? Contact us at podcasts@milchev.com. EMBARGOED! is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts. EMBARGOED! is intelligent talk about sanctions, export controls, and all things international trade for trade nerds and normal human beings alike, hosted by Miller & Chevalier Members Brian Fleming and Tim O'Toole. Each episode will feature deep thoughts and hot takes about the latest headline-grabbing developments in this area of the law, as well as some below-the-radar items to keep an eye on. Subscribe wherever you get your podcasts for new bi-weekly episodes so you don't miss out! Roadmap: Introduction The Rundown New BIS Interim Final Rule re: Cybersecurity Items and New Entity Lists Additions Supplying Huawei Team Telecom and China Telecom Halkbank Ruling re: FSIA Lightning Round U.S. Support for Taiwan at the UN Final Thoughts ***Stay sanctions free.***

Brian and Tim kick things off by dissecting the results of The Treasury 2021 Sanctions Review, which charts a (somewhat) new path for OFAC-administered sanctions. We debate what it all means and where things could be headed in the future. Next, we focus on OFAC's latest guidance for the virtual currency industry and how that ties together with DOJ's announcement of a new National Cryptocurrency Enforcement Team and redoubled efforts to investigate and prosecute export controls and sanctions violations. We then move to China to consider the messy circumstances surrounding ZTE's court-appointed monitor and an even messier foreign policy situation currently brewing between the U.S. and China over Taiwan. Finally, in the Lightning Round, we share quick thoughts on the extradition of Alex Saab and the impact on the Maduro regime before turning to JCPOA 2.0 to ponder whether the door to a deal is just about closed. ******** Questions? Contact us at podcasts@milchev.com. EMBARGOED! is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts. EMBARGOED! is intelligent talk about sanctions, export controls, and all things international trade for trade nerds and normal human beings alike, hosted by Miller & Chevalier Members Brian Fleming and Tim O'Toole. Each episode will feature deep thoughts and hot takes about the latest headline-grabbing developments in this area of the law, as well as some below-the-radar items to keep an eye on. Subscribe wherever you get your podcasts for new bi-weekly episodes so you don't miss out! Roadmap: Introduction The Rundown New OFAC Guidance for Virtual Currency Industry DOJ Enforcement ZTE's Forever Monitorship A Dangerous Game of Chicken Over Taiwan Lightning Round Extradition of Alex Saab and Impact on Maduro Regime Requiem for JCPOA 2.0? Final Thoughts ***Stay sanctions free.***

Brian and Tim are back to discuss ransoms of all shapes and sizes. First, they tackle OFAC's new ransomware guidance and contemplate what it means for the risk faced by victims and others within the ransomware payment ecosystem. Next, Brian and Tim discuss recent OFAC settlements addressing Directive 4 and facilitation and, then, dive deep on the big announcement that DOJ resolved the criminal case against Huawei's CFO with a DPA. Finally, in the Lightning Round, they share quick thoughts on the guilty plea entered by a cryptocurrency expert for conspiring to violate the North Korea sanctions.   ******** Questions? Contact us at podcasts@milchev.com. EMBARGOED! is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts. EMBARGOED! is intelligent talk about sanctions, export controls, and all things international trade for trade nerds and normal human beings alike, hosted by Miller & Chevalier Members Brian Fleming and Tim O'Toole. Each episode will feature deep thoughts and hot takes about the latest headline-grabbing developments in this area of the law, as well as some below-the-radar items to keep an eye on. Subscribe wherever you get your podcasts for new bi-weekly episodes so you don't miss out! Roadmap: Introduction The Rundown New Ransomware Advisory and Designation OFAC Settlement - Directive 4 and Facilitation Huawei CFO Gets a DPA Lightning Round  Ethereum Developer Pleads Guilty to DPRK Sanctions Final Thoughts

On this all Lightning Round episode, Brian and Tim check in on JCPOA 2.0, the latest on Afghanistan, more sanctions targeting Russia, a new Belarus E.O., CFIUS's continued focus on China and semiconductors, a recent OFAC enforcement action highlighting risks for non-U.S. subsidiaries of U.S. companies, and a brand new OFAC sanctions program relating to Ethiopia.   ******** Questions? Contact us at podcasts@milchev.com. EMBARGOED! is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts. EMBARGOED! is intelligent talk about sanctions, export controls, and all things international trade for trade nerds and normal human beings alike, hosted by Miller & Chevalier Members Brian Fleming and Tim O'Toole. Each episode will feature deep thoughts and hot takes about the latest headline-grabbing developments in this area of the law, as well as some below-the-radar items to keep an eye on. Subscribe wherever you get your podcasts for new bi-weekly episodes so you don't miss out! Roadmap: Introduction JCPOA 2.0 Update Afghanistan Update More Nord Stream 2 Sanctions and Navalny Anniversary Expanded Belarus Sanctions CFIUS Set to Block China Semiconductor Deal OFAC Settlement with First Bank and JC Flowers New Ethiopia E.O. Final Thoughts ***Stay sanctions free.***

Back from summer vacation, Brian and Tim welcome guest Michael Griffiths of Global Investigations Review (GIR) to discuss his recent survey of U.S. trade practitioners, who were asked to identify the most influential OFAC and BIS enforcement actions of the past few years.  Then, Brian and Tim focus on the top story of the past month, Afghanistan, to forecast what U.S. sanctions policy may look like in the face of Taliban rule and what measures the U.S. may take to avoid a full blown humanitarian crisis. ********* Questions? Contact us at podcasts@milchev.com. EMBARGOED! is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts. EMBARGOED! is intelligent talk about sanctions, export controls, and all things international trade for trade nerds and normal human beings alike, hosted by Miller & Chevalier Members Brian Fleming and Tim O'Toole. Each episode will feature deep thoughts and hot takes about the latest headline-grabbing developments in this area of the law, as well as some below-the-radar items to keep an eye on. Subscribe wherever you get your podcasts for new bi-weekly episodes so you don't miss out!

Brian and Tim check in on a wide range of topics, including the newly issued Hong Kong Business Advisory, the U.S. response to the crackdown in Cuba, the fate of Nord Stream 2, and the (possibly dimming?) prospects for JCPOA 2.0.  Then, in the Lightning Round, we spend a few minutes sharing our thoughts on the first six months of sanctions and export controls enforcement activity under the Biden administration. ********* Questions? Contact us at podcasts@milchev.com. EMBARGOED! is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts. EMBARGOED! is intelligent talk about sanctions, export controls, and all things international trade for trade nerds and normal human beings alike, hosted by Miller & Chevalier Members Brian Fleming and Tim O'Toole. Each episode will feature deep thoughts and hot takes about the latest headline-grabbing developments in this area of the law, as well as some below-the-radar items to keep an eye on. Subscribe wherever you get your podcasts for new bi-weekly episodes so you don't miss out! Timestamps: 0:10 Introduction and Roadmap The Rundown 4:30 Hong Kong Business Advisory 14:38 The Cuban People Rise Up... and Sanctions Follow 27:34 U.S.-Germany Agreement on Nord Stream 2 39:10 The Latest on JCPOA 2.0 52:45 Lightning Round: Early Trends in Biden Era Enforcement 1:05:55 Final Thoughts ***Stay sanctions free.***

Brian and Tim are joined by their Miller & Chevalier colleagues, Richard Mojica and Nate Lankford, to dive deep on the problem of forced labor and the ways multinational companies are reckoning with this human rights crisis (in Xinjiang and beyond). Specifically, we dig in on the broader universe of business and human rights considerations that global actors must now manage (including the impact of U.S. policy aimed at decoupling from China), examine the recent spike in forced labor-related enforcement led by CBP, and discuss practical challenges and strategies for multinational companies to develop effective compliance programs in this area of increasing importance. Thanks to our guests: Richard Mojica: https://www.millerchevalier.com/professional/richard-mojica Nate Lankford: https://www.millerchevalier.com/professional/nate-lankford ********* Questions? Contact us at podcasts@milchev.com. EMBARGOED! is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts. EMBARGOED! is intelligent talk about sanctions, export controls, and all things international trade for trade nerds and normal human beings alike, hosted by Miller & Chevalier Members Brian Fleming and Tim O'Toole. Each episode will feature deep thoughts and hot takes about the latest headline-grabbing developments in this area of the law, as well as some below-the-radar items to keep an eye on. Subscribe wherever you get your podcasts for new bi-weekly episodes so you don't miss out! Timestamps: 0:10 Introduction and Roadmap 1:38 Guest Introductions: Richard Mojica and Nate Lankford The Rundown 3:52 Background on Business & Human Rights and Forced Labor 19:52 Customs and Border Protection Enforcement 47:22 Compliance Considerations 1:11:43 Final Thoughts ***Stay sanctions free.***

Brian and Tim try to decipher recent signals that JCPOA 2.0 may be in trouble and share their thoughts on what to look for during the coming weeks. We next turn to the new multilateral sanctions recently imposed on Belarus before checking in on China to discuss the merciful end of the #tiktokban (and what's on the horizon under E.O. 14034), as well as recent aggressive actions by the U.S. targeting forced labor. Finally, in the Lightning Round, we do a quick dissection of the court decision dismissing Oleg Deripaska's challenge to his SDN listing and offer thoughts on OFAC's recent COVID-related general licenses and guidance. ********* Questions? Contact us at podcasts@milchev.com. EMBARGOED! is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts. EMBARGOED! is intelligent talk about sanctions, export controls, and all things international trade for trade nerds and normal human beings alike, hosted by Miller & Chevalier Members Brian Fleming and Tim O'Toole. Each episode will feature deep thoughts and hot takes about the latest headline-grabbing developments in this area of the law, as well as some below-the-radar items to keep an eye on. Subscribe for new bi-weekly episodes so you don't miss out! Roadmap: Introduction The Rundown Is JCPOA 2.0 Going Down in Flames? New Belarus Sanctions End of TikTok Ban and New E.O. Protecting Sensitive Data Latest U.S. Actions Targeting Forced Labor in Xinjiang Lightning Round Deripaska Lawsuit Dismissed OFAC GLs and Guidance re COVID Relief Final Thoughts ***Stay sanctions free.***

Brian and Tim kick things off by analyzing the complete do-over called by the Biden administration with respect to E.O. 13959 and contemplate what that means for the future of U.S. person restrictions relating to investments in publicly traded securities of Chinese Military-Industrial Complex Companies. Next, we consider the possible sanctions implications of the new White House directive targeting corruption and check in on the future of the Burma sanctions program in light of the deepening crisis. Finally, in the Lightning Round, we decipher the latest news on JCPOA 2.0, discuss the possible repercussions of Hamas touting its digital currency fundraising efforts, and evaluate recent criticism of the glacial pace of ECRA implementation. ********* Questions? Contact us at podcasts@milchev.com. EMBARGOED! is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts. EMBARGOED! is intelligent talk about sanctions, export controls, and all things international trade for trade nerds and normal human beings alike, hosted by Miller & Chevalier Members Brian Fleming and Tim O'Toole. Each episode will feature deep thoughts and hot takes about the latest headline-grabbing developments in this area of the law, as well as some below-the-radar items to keep an eye on. Subscribe for new bi-weekly episodes so you don't miss out! Roadmap: Introduction  The Rundown New Chinese Military Company E.O. White House Anti-Corruption Directive Burma Sanctions Regulations (and Burma Update) Lightning Round Checking in on JCPOA 2.0 Hamas Bitcoin Donations ECRA Implementation Fail Final Thoughts ***Stay sanctions free.***