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

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

November 21, 2022

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.   

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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!

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

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

November 7, 2022

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

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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!

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

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

October 28, 2022

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

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Questions? Contact us at podcasts@milchev.com.

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

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

EU and Dutch Sanctions Enforcement | EMBARGOED! Episode 53

EU and Dutch Sanctions Enforcement | EMBARGOED! Episode 53

October 21, 2022

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

Roadmap:

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

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

Questions? Contact us at podcasts@milchev.com.

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

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

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

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

October 4, 2022

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

Roadmap:

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

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

Questions? Contact us at podcasts@milchev.com.

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

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

A Brief Hiatus | EMBARGOED! Episode 51

A Brief Hiatus | EMBARGOED! Episode 51

August 11, 2022

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

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Questions? Contact us at podcasts@milchev.com.

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

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

Russia Roundup + Cuba and Iran | EMBARGOED! Episode 50

Russia Roundup + Cuba and Iran | EMBARGOED! Episode 50

June 22, 2022

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

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Questions? Contact us at podcasts@milchev.com.

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

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

Roadmap:

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

***Stay sanctions free.***

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

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

June 1, 2022

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. 

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Questions? Contact us at podcasts@milchev.com.

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

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

Roadmap:

  • Introduction
  • The Rundown
    • Biden Vows to Defend Taiwan
    • Chinese Exports to Russia Decline
    • Reverse CFIUS
    • DPRK IT Worker Advisory
  • Lightning Round: Sudan Business Advisory
  • Final Thoughts

***Stay sanctions free.***

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

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

May 12, 2022

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.

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Questions? Contact us at podcasts@milchev.com.

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

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

Roadmap: 

  • Introduction
  • The Rundown
    • Sanctions are the New FCPA
    • China and Russia
    • New Ukraine-/Russia-Related Sanctions Regulations Issued
  • Lightning Round
    • European Co-Conspirators of Virgil Griffith Charged
    • Nicaragua Reaches Out for Sanctions Relief
  • Final Thoughts

***Stay sanctions free.***

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

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

April 27, 2022

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.

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Questions? Contact us at podcasts@milchev.com.

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

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

Roadmap: 

  • Introduction
  • The Rundown
    • 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.***