EMBARGOED!
Russia-stravaganza! | EMBARGOED! Episode 42

Russia-stravaganza! | EMBARGOED! Episode 42

January 13, 2022

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.

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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!
  • 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.***

Top 10 Stories of 2021 | EMBARGOED! Episode 41

Top 10 Stories of 2021 | EMBARGOED! Episode 41

December 28, 2021

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!

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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
  • 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.***

Fresh New Topics and Old Favorites | EMBARGOED! Episode 40

Fresh New Topics and Old Favorites | EMBARGOED! Episode 40

December 1, 2021

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.

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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
    • 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.***

A Heaping Helping of China with a Side of Turkey | EMBARGOED! Episode 39

A Heaping Helping of China with a Side of Turkey | EMBARGOED! Episode 39

November 15, 2021

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.  

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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
    • 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.***

Dawn of a New Era for U.S. Sanctions? | EMBARGOED! Episode 38

Dawn of a New Era for U.S. Sanctions? | EMBARGOED! Episode 38

October 25, 2021

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.

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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
    • 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.***

On Ransoms, Virtual and Diplomatic | EMBARGOED! Episode 37

On Ransoms, Virtual and Diplomatic | EMBARGOED! Episode 37

October 6, 2021

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.  

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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
    • 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
All Lightning Round, End-of-Summer Edition | EMBARGOED! Episode 36

All Lightning Round, End-of-Summer Edition | EMBARGOED! Episode 36

September 23, 2021

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.  

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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
  • 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.***

GIR‘s Enforcement Action Survey and What‘s Next in Afghanistan | EMBARGOED! Episode 35

GIR‘s Enforcement Action Survey and What‘s Next in Afghanistan | EMBARGOED! Episode 35

September 7, 2021

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.

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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!

Around the World in 60 Minutes: Hong Kong, Cuba, Russia, Iran (and China) | EMBARGOED! Episode 34

Around the World in 60 Minutes: Hong Kong, Cuba, Russia, Iran (and China) | EMBARGOED! Episode 34

August 2, 2021

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.

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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!

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.***

A Deep Dive on Forced Labor | EMBARGOED! Episode 33

A Deep Dive on Forced Labor | EMBARGOED! Episode 33

July 15, 2021

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:

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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!

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.***