EMBARGOED!
Post-election-palooza! | EMBARGOED! Episode 18

Post-election-palooza! | EMBARGOED! Episode 18

November 17, 2020

We had to wait an extra week for the results, but we're finally ready to unpack what President-elect Biden's victory means for U.S. international trade priorities in 2021 and beyond. Our friend and very special guest, Richard Mojica, helps us break down what to expect in the U.S., China, and the EU, including what may and may not change with respect to the current era of protectionism, tariffs, free trade agreements, reshoring of supply chains, human rights, and much more. Brian and Tim then revisit their recent predictions on Iran and Cuba to add some new insights based on the events of the past few weeks. Plus, in the Lightning Round, we check in on what’s happening with TikTok (no one seems to know, including the U.S. government) and briefly gaze upon OFAC's recent advisory regarding high-value artwork to ponder what it all means.

*********

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! 

Timestamps:

0:10 Introduction and Roadmap

The Rundown: Post-election-palooza!
4:48 Beyond sanctions and export controls: what to expect from a Biden administration (with very special guest Richard Mojica)
44:40 Revisiting some of our pre-election predictions (Iran and Cuba)

1:00:36 Lightning Round
1:01:03 Checking In on TikTok
1:10:15 OFAC Art Advisory

1:17:42 Final Thoughts

***Stay sanctions free.***

Election-palooza! | EMBARGOED! Episode 17

Election-palooza! | EMBARGOED! Episode 17

October 27, 2020

With the U.S. presidential election right around the corner, Brian and Tim explore what the results could mean for U.S. trade and economic sanctions policy over the next four years with respect to China, Iran, Russia, Venezuela, and Cuba. Then, in the Lightning Round, we take a quick look at the upcoming, likely historic, IPO of Ant Group and whether the U.S. government can do anything to slow it down, and we bring you another round of sanctions trivia (back by popular demand).

*********

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!

Timestamps:

0:10 Introduction and Roadmap

The Rundown: Election-palooza!
6:58 What will trade policy towards...
- 7:13 China
- 24:11 Iran
- 39:11 Russia
- 48:45 Venezuela
- 57:55 Cuba
...look like if Biden wins? If Trump wins?

1:07:17 Lightning Round
1:07:30 Is Ant Group going on the Entity List?
1:21:00 Trivia!

1:27:43 Final Thoughts

***Stay sanctions free.***

 

We’ll See You in Court! Checking In on TikTok, WeChat, ICC, and Commerce Lawsuits | EMBARGOED! Episode 16

We’ll See You in Court! Checking In on TikTok, WeChat, ICC, and Commerce Lawsuits | EMBARGOED! Episode 16

October 13, 2020

Brian and Tim drop the gavel to render verdicts on the litigation impacting the TikTok and WeChat bans and a lawsuit challenging the legal bases for the new ICC-related sanctions program. We also discuss OFAC's recent ransomware advisory and give some thoughts on a recent OFAC enforcement action focused on Cuba. Then, in the Lightning Round, we share our initial impressions on brand new U.S. sanctions targeting Iran's financial sector and dissect the outcome of a lawsuit challenging the foundations of the Commerce Department's authority to enforce the export controls framework established by the EAR.

*********

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!

Timestamps:

0:10 Introduction and Roadmap

The Rundown
5:38 Quick Check-in on TikTok and WeChat
18:54 Lawsuit Challenging ICC Sanctions
39:36 OFAC and FinCEN Randomware Advisory
53:41 OFAC Settlement with Generali Global

1:01:47 Lightning Round
1:02:05 More Sanctions Coming Against Iranian Banks?
1:12:43 FedEx v. BIS

1:25:21 Final Thoughts

***Stay sanctions free.***

U.S. v. TikTok and WeChat: Who is Winning? | EMBARGOED! Episode 15

U.S. v. TikTok and WeChat: Who is Winning? | EMBARGOED! Episode 15

September 29, 2020

In the latest episode of EMBARGOED!, Brian and Tim return to China in a big way as they dive headlong into the TikTok and WeChat bans to analyze what transactions are actually prohibited, the status of the various court proceedings seeking to delay the bans, where things stand with CFIUS review of TikTok's "divestiture," and, last but not least, China's countermoves to try to ensure it will have the last word.

Next, we turn to Iran and the U.S.'s attempt to unilaterally reimpose U.N. sanctions under the JCPOA more than two years after withdrawing from the deal. Finally, in the Lightning Round, we share a few quick thoughts on recent sanctions aimed at countering foreign interference in U.S. elections and discuss the latest travel-related restrictions on Cuba (Hint: Don't stick rum or cigars in your suitcase before returning to the States unless you have an OFAC license).

********

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!

Timestamps:

0:10 Introduction and Roadmap

The Rundown
7:01 More TikTok and WeChat (Commerce rules, state of the "bans," CFIUS and the TikTok "divestiture," China's Unreliable Entities List)
46:17 Iran Snapback

1:02:13 Lightning Round
1:02:25 Cyber designations relating to election interference by (GASP!) Russia
1:10:17 CACR amendments to further restrict aspects of Cuba travel

1:17:34 Final Thoughts

*Stay sanctions free.*

All Lightning, No China | EMBARGOED! Episode 14

All Lightning, No China | EMBARGOED! Episode 14

September 15, 2020

On this episode of EMBARGOED!, Brian and Tim keep their promise to stay China free (for this week, at least) and change things up to bring you an entire Lightning Round-style episode. With the whole world at our disposal (other than China), we cover the following topics in lightning fashion: the latest U.S. advisory on North Korea, the first U.S. sanctions imposed on the ICC, OFAC's MOU with the State of Delaware, two recent OFAC enforcement actions against an individual and a financial institution, respectively, the latest on Nord Stream 2 and Venezuela, and, finally, a wild card segment featuring our first foray into sanctions trivia.

*********

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!

Timestamps:

0:10 Introduction and Roadmap

A Full Episode of Lightning Round!
4:49 North Korea Advisory
9:27 International Criminal Court Sanctions
17:13 OFAC Memorandum of Understanding with Delaware
21:18 OFAC Settlement (Individual)
25:26 OFAC Settlement (Russia/Ukraine/Deutsche Bank Trust Co. Americas)
30:00 Nord Stream 2
36:44 Latest Venezuela Sanctions
41:20 Wild Card!

51:55 Final Thoughts

***Stay sanctions free.***

If TikTok & WeChat Go Away, Is It Still Safe to Use Tin Cans With String? | EMBARGOED! Episode 13

If TikTok & WeChat Go Away, Is It Still Safe to Use Tin Cans With String? | EMBARGOED! Episode 13

September 1, 2020

EMBARGOED! is back! After a brief, socially-distanced summer vacation, Brian and Tim return to tackle the messy, unprecedented U.S. government actions targeting TikTok and WeChat. Next, we return to one of our favorite topics, Huawei, to analyze the impact of the BIS final rule, which makes another attempt to disrupt the company's supply chain by further expanding the foreign direct product rule. We also discuss the first wave of sanctions targeting Hong Kong and its top officials and ponder whether this was anything more than a symbolic gesture. Plus, in the Lightning Round we share some thoughts on recent Entity List additions targeting, for the first time, activities in the South China Sea, a Xinjiang-related addition to the SDN List causing significant due diligence headaches, and, at long last, the publication of the Advance Notice of Proposed Rulemaking regarding "foundational technologies."

*********

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!

Timestamps:

0:10 Introduction and Roadmap

The Rundown
5:36 TikTok and WeChat
30:00 Final BIS Rule re: Huawei and Foreign Direct Product Rule
42:52 First Hong Kong Sanctions

51:40 Lightning Round
52:00 BIS Addition of 24 Chinese Companies to the Entity List re: South China Sea
56:56 Xinjiang-related Additions to the SDN List
1:02:00 Commerce (Finally) Issues ANPRM re: Foundational Technologies

1:09:00 Final Thoughts

***Stay sanctions free.***

The New Normal(ization) | EMBARGOED! Episode 12

The New Normal(ization) | EMBARGOED! Episode 12

July 28, 2020

On the latest episode of EMBARGOED!, Brian and Tim dissect the continued downward spiral of U.S.-China relations, including the sweeping new Executive Order aimed at "normalizing" U.S. relations with Hong Kong and the latest tit-for-tat sanctions imposed by the U.S. and China, respectively. Next, we cover two notable recent enforcement actions: OFAC's settlement with Amazon and a joint DOJ/OFAC resolution with Essentra FZE relating to North Korea sanctions violations. Finally, in the Lightning Round, we share quick thoughts on recent OFAC designations targeting Nicaragua and some personal reflections on the United States' reliance on human rights as a basis for economic sanctions policies.

*********

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!

Apple Podcasts: https://apple.co/3bDJnmU 
Spotify: https://spoti.fi/2xAJ9ye 
Google Play: https://bit.ly/3bAU0Hc 
Stitcher: https://bit.ly/3awf95i 

Timestamps:
0:10 Introduction and Roadmap

The Rundown
4:21 China Round-up
22:30 Amazon OFAC Enforcement Action
30:51 North Korea Enforcement Action by DOJ/OFAC

39:39 Lightning Round: 
40:00 Ortega's Inner Circle Targeted by OFAC
43:59 A Few Words on Human Rights and the Death Penalty

55:45 Final Thoughts

***Stay sanctions free.***

China Officially Takes Over the Pod (and Hong Kong) | EMBARGOED! Episode 11

China Officially Takes Over the Pod (and Hong Kong) | EMBARGOED! Episode 11

July 14, 2020

On the latest episode of EMBARGOED!, Brian and Tim break down the early days of China's new national security law aimed at Hong Kong and the U.S. response, including the suspension of preferential export control treatment for Hong Kong and new sanctions on the horizon that take aim at financial institutions. Next, we revisit BIS's new military end user/military end use rules and try to decipher the recently issued BIS guidance. Finally, we unpack the somewhat unorthodox multi-agency advisory warning U.S. businesses of supply chain risks relating to forced labor and human rights abuses in the Xinjiang region of China. Plus, the Lightning Round features quick thoughts on continued U.S. efforts to disrupt deepening ties between Venezuela and Iran and what the rest of the world is doing with respect to Huawei.

*********

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!

Apple Podcasts: https://apple.co/3bDJnmU
Spotify: https://spoti.fi/2xAJ9ye
Google Play: https://bit.ly/3bAU0Hc
Stitcher: https://bit.ly/3awf95i

Timestamps:

0:11 Introduction and Roadmap
 
The Rundown
3:49 The Other Shoe Drops for Hong Kong
23:19 New BIS FAQs re: Military End Use/User Rules
39:01 U.S. Government Advisory re: Xinjiang Supply Chain Risk
 
49:11 Lightning Round
49:37 More Venezuela-Iran Links
53:13 What Does the Rest of the World Think of Huawei
 
59:47 Final Thoughts

***Stay sanctions free.***

The Pod Where It Happened | EMBARGOED! Episode 10

The Pod Where It Happened | EMBARGOED! Episode 10

June 24, 2020

Brian and Tim begin this episode of EMBARGOED! by analyzing how the revelations in John Bolton's new memoir may impact recently enacted U.S. sanctions aimed at China and the ongoing U.S. criminal case against Huawei. Next, they discuss the recent BIS rule change aimed at getting U.S. companies back in the game (while sitting alongside Huawei) in connection with international standards setting organizations. They then turn their attention to a surprising move by DOJ to dismiss charges, after securing a conviction, in an Iran sanctions case in SDNY and share some theories about what may have gone wrong and the possible lasting impact. Finally, they consider the newly issued Executive Order that puts the International Criminal Court in the crosshairs of U.S. sanctions enforcers. Plus, the Lightning Round features quick takes on the latest Venezuela-related designations (and a few, more interesting, removals), OFAC's initial implementation of the Caesar Act, and a speedy plea deal in an Iran sanctions 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 for new bi-weekly episodes so you don't miss out!

Apple Podcasts: https://apple.co/3bDJnmU
Spotify: https://spoti.fi/2xAJ9ye
Google Play: https://bit.ly/3bAU0Hc
Stitcher: https://bit.ly/3awf95i

Timestamps:

0:10 Introduction
2:51 Episode Roadmap

The Rundown
4:45 Fallout from Bolton's Book
20:40 More Huawei
28:39 Ali Sadr Hashemi Nejad Dismissal
49:44 New E.O. re: ICC

57:04 Lightning Round
57:17 More Venezuela Designations (and Some Removals)
1:01:23 Syria Designations/Caesar Act
1:05:32 Seyyed Shahidian Plea

1:08:56 Final Thoughts

***Stay sanctions free.***

What Will Happen to Hong Kong and a World on Fire? | EMBARGOED! Episode 9

What Will Happen to Hong Kong and a World on Fire? | EMBARGOED! Episode 9

June 9, 2020

In a slightly more-somber-than-usual episode of EMBARGOED!, we start with a few thoughts on the widespread protests in the U.S. and addressing racial injustice before pivoting to the White House announcement that Hong Kong is about to lose its special status and what that may mean for Hong Kong, China, and beyond. We then revisit one of our favorite topics, Huawei, to discuss the company's effort to weather the latest U.S. export control restrictions and check in on the Canadian extradition proceedings for Huawei's CFO. We also share our thoughts on a recently unsealed indictment alleging a massive sanctions evasion and money laundering scheme to benefit North Korea (aided by China). Finally, in the Lightning Round we start on the open seas to provide quick takes on the latest Venezuela-related maritime designations and a recent Iranian enforcement case, and then wrap up with theories about some recent Entity List additions.

*********

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!

Apple Podcasts: https://apple.co/3bDJnmU 
Spotify: https://spoti.fi/2xAJ9ye 
Google Play: https://bit.ly/3bAU0Hc 
Stitcher: https://bit.ly/3awf95i 

Timestamps:

0:11 Introduction
3:06 Prelude: A few thoughts on George Floyd, the protests, and racial injustice

The Rundown
13:40 Hong Kong + China Sanctions
33:50 Huawei
51:05 Unsealing of DPRK Indictment

1:01:50 Lightning Round
1:02:12 Latest Venezuela Designations Focused on Shipping
1:05:22 Iranian Tanker Purchase
1:09:19 Phantom Entity List Additions from May 22 Announcements

1:17:02 Final Thoughts