EMBARGOED!

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!

Blowing in the Wind: The Tornado Cash Designation, Mixers, and Federal Litigation | EMBARGOED! Ep. 66

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

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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!

Changes in Venezuela: Emergency Pod! | EMBARGOED! Ep. 65

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

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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 bi-weekly episodes so you don't miss out!

Why Can’t We Be Friends? The Growth of Multi-Lateral Coordination in U.S. Sanctions Policy Toward Russia | EMBARGOED! Ep. 64

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

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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!

 

Taking It to the Banks: The Role of Financial Institutions in Sanctions Compliance | EMBARGOED!

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!

Takeoff: Staying Sanctions Free on the Canadian Side of the Border | EMBARGOED! Episode 62

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!

Russia, Russia, Russia, Russia | EMBARGOED! Episode 61

In the wake of most recent round of sanctions against Russia, host Tim O'Toole and guest Dara Fernandez Perez (General Counsel – Trade Sanctions, EMEAI at Honeywell) discuss the impact of earlier sanctions packages, the challenges and opportunities those sanctions have created for the sanctions compliance and legal communities, and the particulars of the latest sanctions on both sides of the Atlantic.

Roadmap:

• Overview of Russia sanctions since February 2022 in the EU, U.K., and U.S.
• New EU and U.K. sanctions
• U.S. sanctions/export controls
  • E.O. 14024: Authority to designate companies operating in Architecture, Engineering, Construction, Manufacturing, and Transportation
  • E.O. 14071: Prohibition on architecture and engineering services
  • Over 300 designations by OFAC/State, focusing on sanctions evasion, tech imports, and energy and extractive revenue, including Polyus (subject to wind-down GL)
  • BIS Export Controls
  • FinCEN-BIS Joint Alert 

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Thanks to Dara Fernandez Perez for joining us: https://www.linkedin.com/in/dara-fernandez-perez-2ab9a912/

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!

The 2023 Sequel to Episode 19: What’s Up with TikTok? | EMBARGOED! Episode 60

Host Tim O'Toole is joined by guest Art Dicker (Senior Counsel with R&P China Lawyers in Shanghai) to discuss the ongoing TikTok legal saga. They'll outline the history of regulation and executive orders regarding TikTok and the proposed legislation addressing it moving forward. 

Roadmap:

• History
  • Commerce Department executive order under IEEPA
  • CFIUS (music.ly acquisition)
  • Supply Chain Notice of Rulemaking and EO (under IEEPA)
• Proposals
  • Proposed legislation that would undo result of litigation by amending IEEPA
  • Proposed legislation that would focus on data privacy concerns

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Thanks to our guest, Art Dicker, for joining us: https://www.rplawyers.com/lawyer/art-dicker/

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!

2022: The Year Sanctions Came of Age in Germany? | EMBARGOED! Episode 59

This week, host Tim O'Toole and our guest Roland Stein of the Blomstein law firm in Berlin review trade-related developments in Germany in 2022, particularly with regard to sanctions against Russia.

Roadmap:

• German export controls and sanctions
• German enforcement agency
• History of German enforcement pre-Russia
• IT prohibition
• Legal services prohibition
• Price caps
• Germany's Sanctions Enforcement Act II
• Germany's draft strategy paper on China

*******

Thanks to our guest, Roland Stein, for joining us: https://www.blomstein.com/en/team.php?p=dr-roland-m-stein 

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!