EMBARGOED!

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

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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!

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)

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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!

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

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

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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!

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

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

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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!

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

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?

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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!

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

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

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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!

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

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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!

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

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!

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

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

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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!

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

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)

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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!