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!
57 min
2
Die Kunst Des Erfolgs: Navigating Foreign Inves...
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!
51 min
3
Mixing It Up with Tornado Cash, Part 2 | EMBARG...
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!
52 min
4
Looking Into the Sanctions and Export Controls ...
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!
62 min
5
Winding Down Sanctions: A To-Do List When a Pro...
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!
44 min
6
U.S. and EU Divergence in Trade and Enforcement...
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!
40 min
7
Talking China, Cars, and Tech | EMBARGOED! Epis...
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!
46 min
8
ITAR Year in Review | EMBARGOED! Episode 79
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!
63 min
9
Predictions for Trade in 2025: Tariffs and Sanc...
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!
50 min
10
BIS Enforcement Actions: Everything You've Ever...
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!
57 min
11
Sanctions on the Ballot | EMBARGOED! Ep. 76
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!
60 min
12
Back to School | EMBARGOED! Episode 75
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!
56 min
13
Lucky 14: The 14th Sanctions Package Against Ru...
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!
48 min
14
A Deep Dive into CFIUS and Reverse CFIUS | EMBA...
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!
66 min
15
Sanctions Compliance on the High Seas: Shipping...
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!
53 min
16
Demystifying the OFAC Lists: Talking De-listing...
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!
46 min
17
An Update from Update 2024 | EMBARGOED! Episode 70
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!
49 min
18
If Sanctions are the New FCPA, are Export Contr...
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!
50 min
19
2023 Year in Review: The Good, the Bad, and the...
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!
51 min
20
The ITAR Episode (for the Real Trade Nerds) | E...
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!
63 min
21
Blowing in the Wind: The Tornado Cash Designati...
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!
45 min
22
Changes in Venezuela: Emergency Pod! | EMBARGOE...
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!
30 min
23
Why Can’t We Be Friends? The Growth of Multi-La...
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!
72 min
24
Taking It to the Banks: The Role of Financial I...
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
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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!
53 min
25
Takeoff: Staying Sanctions Free on the Canadian...
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
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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!