EMBARGOED!

On this episode of EMBARGOED!, host Tim O'Toole is joined by Matteson Ellis (Latin America Practice Lead at Miller & Chevalier) discuss all the sanctions news from Latin America, with a focus on recent developments in Mexico.

Roadmap:

• Introduction, Matt goes to Mexico
• Foreign Terrorist Organizations (FTOs) and LatAm
• Mexico, FTOs, and FinCEN orders
• What's happening on the ground
• The rest of LatAm
• Looking into the crystal ball

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Thanks to Matt Ellis for joining us: https://www.millerchevalier.com/professional/matteson-ellis  

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!

On this episode of EMBARGOED!, host Tim O'Toole, Miller & Chevalier Counsel Melissa Burgess and Collmann Griffin, and guest Chris Chamberlain of Morrison & Foerster continue their discussion of AI chip-related export controls, musing about Infrastructure-as-a-Service (IaaS) considerations, semiconductor manufacturing equipment (SME), and the much-anticipated BIS release of a 50 Percent Rule for the Entity List.

Roadmap:

• May 13, 2025, BIS Policy Statement on training AI models
• Controls on SME and balancing foreign policy, national security, and other reasons for control under the EAR
• Not reasons for control: Economic and other factors BIS does not consider determinative when assessing controls
• Pros and cons of BIS having an OFAC-style 50 Percent Rule for the Entity List

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Thanks to our guests for joining us:

Chris Chamberlain: https://www.mofo.com/people/chris-chamberlain 

Melissa Burgess: https://www.millerchevalier.com/professional/melissa-burgess 

Collmann Griffin: https://www.millerchevalier.com/professional/collmann-griffin 

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!

On this episode of EMBARGOED!, host Tim O'Toole is joined by Miller & Chevalier Counsel Melissa Burgess and Collmann Griffin, and guest Chris Chamberlain of Morrison & Foerster to review the evolution of export controls on AI chips from October 2022 to the present. The discussion explores the variety of tools BIS has employed as it wrestles with tailoring controls, the value of BIS "is informed" letters, and chip diversion.

Roadmap:

• The October 7 IFR and a brief tour of subsequent changes through May 2025
• Identifying a problem versus tailoring controls: Troubleshooting how to restrict access to the most advanced compute resources and the tools necessary to manufacture them
• Assessing the benefits to both BIS and industry of "is informed" letters
• Predictions for the next iteration of the AI Diffusion Rule
• A diversion into the problem of diversion: Red flags and tactics identified in the wild

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Thanks to our guests for joining us:

Chris Chamberlain: https://www.mofo.com/people/chris-chamberlain 

Melissa Burgess: https://www.millerchevalier.com/professional/melissa-burgess 

Collmann Griffin: https://www.millerchevalier.com/professional/collmann-griffin 

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!

Host Tim O'Toole discusses the latest EU sanctions on Russia with returning guests Collmann Griffin (Miller & Chevalier) and Dr. Tobias Ackermann (BLOMSTEIN). They focus on EU sanctions on Russia imposed that may be stricter than or conflict with their U.S. counterparts.

Roadmap:

• Logistics of the sanctions
• Imports and purchase - aluminum and Russian petroleum
• Software
• Finance and crypto
• "Best efforts" - EU operators that own or control non-EU entities, including U.S. companies with EU-based subsidiaries, are required to use “best efforts” to ensure that those entities do not undermine EU sanctions against Russia and Belarus
• "No Russia" and "No Belarus" clauses
• Future measures

*******

Thanks to our guests for joining us:

Collmann Griffin: https://www.millerchevalier.com/professional/collmann-griffin 

Dr. Tobias Ackermann: https://www.blomstein.com/en/team/dr-tobias-ackermann 

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!

On this episode of EMBARGOED! Host Tim O'Toole is joined by guests Melissa Burgess (Miller & Chevalier) and Dr. Tobias Ackerman (BLOMSTEIN) to compare and contrast the foreign investment review regimes in the EU and Germany with the CFIUS process in the U.S.

Roadmap:

• Brief introduction to Germany's FDI regime and the EU regime
• A quick history of CFIUS
• Exploration of the types of transactions subject to review and mandatory versus voluntary filing triggers
• Summaries of the different filing and assessment processes
• Review of recent and pending FDI developments in the U.S. and EU, including the America First Investment Policy

*******

Thanks to our guests for joining us:

Melissa Burgess: https://www.millerchevalier.com/professional/melissa-burgess

Dr. Tobias Ackermann: https://www.blomstein.com/en/team/dr-tobias-ackermann 

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!

Host Tim O'Toole is joined by fellow Miller & Chevalier Member Leah Moushey to unpack the recent conviction of Tornado Cash co-founder Roman Storm for operating an unlicensed money transmitting business, an outcome that surprised many given the jury's deadlock on the more severe money laundering and sanctions charges.  

The discussion explores how this case reflects the evolving enforcement landscape at the intersection of crypto, DeFi, and national security. Tim and Leah delve into the broader implications of the verdict including challenges regulators face in applying traditional AML and sanctions frameworks to new technology, including decentralized platforms.

*******

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 episodes so you don't miss out!

In this episode of EMBARGOED!, host Tim O'Toole and his guest, Miller & Chevalier Counsel Collmann Griffin, make predictions of what's next in sanctions and export controls, including Russia, Iran, Latin America, and AI chips.

Roadmap:

• Intro
• Upcoming Russia sanctions and tariffs
• Likelihood of an Iran deal
• Latin America, Foreign Terrorist Organizations, Mexico, Brazil, and human rights sanctions
• BIS, AI chips, 50% Rule

*******

Thanks to Collmann Griffin for joining us: https://www.millerchevalier.com/professional/collmann-griffin 

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!

On this episode of EMBAROGED!, host Tim O'Toole and his guests, Miller & Chevalier Counsel Melissa Burgess and Collmann Griffin, explore the various ways the U.S. government lifts sanctions programs and corresponding export controls.

Roadmap:

• So you want to lift sanctions: How can you do it? What complexities might be involved?
• A quick tour of history:
  • Lifting sanctions under TWEA Section 5(b) in 1917
  • Lifting sanctions on China between 1969 and 1980
• Syria sanctions and GL 25
• Eliminating easy sanctions programs: West Bank and Zimbabwe
• Lifting complex sanctions programs: Myanmar/Burma and Sudan; "zombie programs" like Libya
• How to lift restrictions when the sanctions program target is a State Sponsor of Terrorism
• Iraq sanctions programs: I, II, and III

*******

Thanks to our guests for joining us:

Melissa Burgess: https://www.millerchevalier.com/professional/melissa-burgess 

Collmann Griffin: https://www.millerchevalier.com/professional/collmann-griffin 

Special thanks to summer associate Chenyang Wang for her assistance in preparing this episode.

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!

This week on EMBARGOED!, host Tim O'Toole is joined by Dr. Tobias Ackermann (BLOMSTEIN) and Caroline Watson (Miller & Chevalier) discuss the growing divergence between the U.S. and EU on key trade issues including economic sanctions on Russia, reciprocal tariffs, and export controls.

Roadmap:

• Increasing disparity between U.S. and EU regulations and policies, regarding Russia
  • EU's release of 16th Sanctions Package on Russia in early March
  • Changes in approach to Russia from the Biden administration to the Trump administration, including in collaboration with the EU and dialogue with Russia
• U.S.-EU trade war: new U.S. tariffs on the EU and EU countermeasures
• The "bazooka" – the EU's 2023 anti-coercion instrument and whether it could be used in response to U.S. tariffs
• Export controls and how the U.S. is reportedly pulling away from collaboration with the EU on the development of further controls

*******

Thanks to our guests for joining us:

Dr. Tobias Ackermann: https://www.blomstein.com/en/team/dr-tobias-ackermann 

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 episodes so you don't miss out!

On this episode of EMBARGOED!, Tim and guests Matt Fogarty (Lead Counsel – Trade & Human Rights, General Motors) and Caroline Watson (Counsel, Miller & Chevalier) talking about the new Information and Communications Technology and Services (ICTS) regulations with a focus on China, cars, and tech.

Roadmap:

• Background and rationale of ICTS regulations
• The amended ICTS transaction review regulations
• The new Connected Vehicle regulations
• Thoughts on the impact and trajectory of these regulations

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Thanks to our guests for joining us:

Matt Fogarty: https://www.linkedin.com/in/matthew-fogarty-8286015/ 

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 episodes so you don't miss out!