EMBARGOED!
A Kinder, Gentler OFAC? | EMBARGOED! Podcast Episode 6

A Kinder, Gentler OFAC? | EMBARGOED! Podcast Episode 6

April 28, 2020

In this week's EMBARGOED!, Brian and Tim discuss OFAC's recent pronouncements on risk-based compliance and humanitarian assistance and what they mean for companies balancing the demands of the COVID-19 pandemic. We also cover new guidance on exemptions from FEMA's PPE export restrictions, the possible end of an era in Venezuela, and North Korea's ignominious moment in the spotlight. Plus, the Lightning Round features quick takes on the Industrial Bank of Korea DPA, the resuscitation of two lawsuits seeking damages for confiscated property in Cuba, and the prospects of U.S. sanctions against Iraq.

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

The Rundown:
3:19 OFAC Compliance
11:00 OFAC Humanitarian Assistance
20:24 Update on PPE Export Restrictions
28:20 General License 8F and the End of Chevron's Run in Venezuela
8:01 DPRK Cyber Guidance and U.N. Report

47:50 Lightning Round:
8:09 Industrial Bank of Korea DPA
53:50 Cuban Confiscated Property Lawsuits Revived
58:51 Playing a Game of Chicken with Russia re: Syria and Iraq

1:02:20 Final Thoughts

***Stay sanctions free.***

Fantastically Astute Questions (and Answers) | EMBARGOED! Episode 5

Fantastically Astute Questions (and Answers) | EMBARGOED! Episode 5

April 14, 2020

In EMBARGOED!'s inaugural FAQ episode, Brian and Tim tackle a wide array of questions and give actual, coherent answers (or try to, anyway; you decide). Questions cover: brand new restrictions on U.S. exports of PPE in response to the COVID-19 crisis; other COVID-19-related export control considerations in the medical research field; the U.S.'s proposed democratic transition framework for Venezuela and prospects for sanctions relief; a significant sanctions penalty out of the U.K. against Standard Chartered; the three most notable aspects of the "weird" Cuba sanctions program; prospects for leniency from U.S. enforcers for trade-related violations during the COVID-19 crisis; and is it possible to sue your way off the SDN List?

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:

0:12 Introduction

Questions and Answers

3:23 FAQ 1: Under FEMA's newly issued Temporary Rule restricting the export of certain categories of personal protective equipment (PPE), the prospects of ultimately obtaining approval from FEMA seem dim. What, if anything, should I do before attempting to export such items from the U.S.?

18:20 FAQ 2: I work in the medical research field. Given the unprecedented level of collaboration and coordination going on right now across the global research community relating to COVID-19, are there any specific U.S. export control related considerations I need to be aware of?

24:50 FAQ 3: I've seen recent press reports detailing the U.S. proposal for a transitional government in Venezuela. Assuming that proposal, or something resembling it, were to be adopted, would U.S. sanctions targeting Venezuela go away?

37:28 FAQ 4:For years, sanctions watchers have been speculating whether a non-U.S. enforcer would step up and take aggressive action in a manner that would demand attention at or near that given to OFAC. With the big penalty levied against Standard Chartered by OFSI in the U.K., has that day finally come?

48:46 FAQ 5: Despite being the oldest of the U.S. sanctions programs, or perhaps precisely because it is the oldest, the Cuba program seems to be the most consistently misunderstood and misinterpreted. What are the three most interesting or important aspects of this unique program that people should keep in mind when evaluating Cuba sanctions questions?

59:05 FAQ 6: I am a trade compliance professional at a multinational company. Given the state of the current global economy, my company has been forced to consider a number of transactions – both to address supply chain disruptions and increase liquidity – with unfamiliar parties and on timelines that are unprecedented. How worried should I be that the company (or even me personally) is going to open itself up to exposure if we miss something in the course of what feels like a constant cycle of hyper-speed due diligence?

1:06:47 FAQ 7: I saw recently that an Iranian company lost its case in federal district court challenging its inclusion on the SDN List. How often are SDNs actually successful in suing their way off the List?

1:18:15 Final Thoughts

***Stay sanctions free.***

It’s the End of the World as We Know It (& I Feel Like Podcasting About Sanctions) | EMBARGOED! Episode 4

It’s the End of the World as We Know It (& I Feel Like Podcasting About Sanctions) | EMBARGOED! Episode 4

March 31, 2020

In this episode of EMBARGOED!, hosts Brian Fleming and Tim O'Toole tackle the only topic that really matters right now, the COVID-19 pandemic, and break down some of the most significant ways trade-based restrictions are impacting the global crisis. They also discuss practical considerations for companies dealing with compliance, due diligence, and investigations demands under the cloud of COVID-19. Our first social distancing Lightning Round also features some thoughts on the Sadr verdict in SDNY, the latest provocative actions by the U.S. targeting Venezuela and Nicaragua, and, finally, a few words on extradition.

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:
0:14 Introduction

The Rundown: COVID-19 Crisis
3:36 Global Trade Policy Survey
4:46 How are trade policies around the world making things better and (mostly) worse for global supply chains in disarray?
20:55 A Tale of Two Sanctions Programs: Iran and North Korea
32:00 Practical Challenges in the Trade Space

47:35 Lightning Round
48:20 Sadr Verdict
56:36 Venezuela + More Rosneft
1:04:21 Designation of Nicaraguan National Police
1:09:48 A Word About Extraditions: Travel Carefully (if you're Iranian and under indictment by the U.S. DOJ)

1:14:36 Final Thoughts

***Stay sanctions free.***

Reading the Sanctions Tea Leaves | EMBARGOED! Episode 3

Reading the Sanctions Tea Leaves | EMBARGOED! Episode 3

March 17, 2020

In this episode, hosts Brian Fleming and Tim O'Toole summon all of their prognostication powers to take a closer look at the Halkbank case, the future of U.S. sanctions against Iran, Venezuela, and North Korea, and the latest OFAC enforcement action. Plus: The Lightning Round features more Huawei (of course) and deep thoughts on the meaning of rejection (at least as defined, or not, by OFAC).

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:

0:12 Introduction

The Rundown
2:09 Developments in Halkbank case in New York and related Iran signals (General License 8, release of Iranian prisoner in Germany, etc.)
23:31 Venezuela OFAC developments
33:18 North Korea cyber sanctions developments at OFAC
39:45 OFAC settlement involving Société Internationale de Télécommunications Aéronautiques (SITA)

47:48 Lightning Round
48:12 Latest on Huawei
53:58 OFAC Guidance on recent amendment to Reporting, Procedures, and Penalties Regulations (Part 501)

59:50 Final Thoughts

Enforcement-palooza! | EMBARGOED! Episode 2

Enforcement-palooza! | EMBARGOED! Episode 2

March 3, 2020

In this episode, we break down the most interesting enforcement actions of the past few months, including Exxon Mobil v. OFAC, the ITAR side of the Airbus DPA, and a series of recent OFAC settlements. Plus: The Lightning Round features bite-sized helpings of North Korea and Cuba with a side of 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:

0:10 Introduction

The Rundown:
1:40 Exxon Mobil v. OFAC
16:53 Airbus Resolution of AECA/ITAR Charges
31:20 Park Strategies OFAC Settlement
36:05 Allianz/Chubb OFAC Settlement
40:42 Eagle Shipping/Burma OFAC Settlement

45:28 Lightning Round!:
45:49 Charges for DPRK Crypto Conference (U.S. v. Virgil Griffith)
49:02 Melia Hotels International/Gabriel Escarrer – U.S. Travel Ban
51:57 Extradition of Huawei CFO, Meng Wanzhou

56:05 Final Thoughts

Deep Dive Beneath the Headlines: Breaking Down the News of the Past Few Months | EMBARGOED! Episode 1

Deep Dive Beneath the Headlines: Breaking Down the News of the Past Few Months | EMBARGOED! Episode 1

February 18, 2020

In our inaugural episode of EMBARGOED!, hosts Brian Fleming and Tim O'Toole dissect the biggest sanctions and export control related news items from the past few months and hash out what's real v. #fakenews, including the latest Iran sanctions, the U.S. government pumping the brakes on more Huawei restrictions (for now), new sanctions targeting the Nord Stream 2 pipeline and the "so-called" Crimean government, and much more. Plus: our very first Lightning Round!

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

The Rundown:
2:40 Soleimani/Iran/Iraq Sanctions
13:06 China: Tougher Restrictions on Huawei... or Maybe Not
23:15 Russia: Nord Stream 2 Sanctions
31:48 Revised NSD Voluntary Disclosure Guidance

45:23 Lightning Round!:
46:02 Phase 1 of the U.S.-China Trade Deal
47:25 Latest Round of Russia/Ukraine Sanctions
49:49 Venezuela/Government Officials Seizure of National Assembly

52:42 Final Thoughts

Welcome to EMBARGOED! Podcast

Welcome to EMBARGOED! Podcast

February 6, 2020

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. Our first episode will be available very soon. 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

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.

Brian Fleming's practice focuses on investigations and compliance counseling in matters at the intersection of international trade and national security with an emphasis on economic sanctions, export controls, and foreign direct investment. He advises leading U.S. and foreign companies on compliance issues implicating the OFAC, BIS, and the DDTC. Brian also conducts internal investigations, coordinates responses to subpoenas and other investigative demands, and represents companies and individuals in government enforcement actions, including criminal cases brought by DOJ. View Brian's full bio here: https://www.millerchevalier.com/professional/brian-j-fleming

Tim O'Toole is the leader of Miller & Chevalier's White Collar Defense Practice Group. Between his time at Miller & Chevalier and his time in government service, Mr. O'Toole has been conducting and leading large-scale defense investigations for over 20 years. Although Mr. O'Toole has substantial experience in all areas of white collar practice, his main focus is on defending enforcement actions and conducting investigations involving the economic sanctions, export controls, and anti-money laundering laws. His clients run the gamut, including U.S. and non-U.S. financial institutions and public companies in the aviation, insurance, logistics, manufacturing, and oil and gas sectors. View Tim's full bio here: https://www.millerchevalier.com/professional/timothy-p-otoole

Learn more about Miller and Chevalier's Economic Sanctions and Export Controls practice: https://www.millerchevalier.com/practice-area/economic-sanctions-export-controls