EMBARGOED!
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

For Whom The Bell Tolls; It (Maybe) Tolls For Huawei | EMBARGOED! Podcast Episode 8

For Whom The Bell Tolls; It (Maybe) Tolls For Huawei | EMBARGOED! Podcast Episode 8

May 27, 2020

On this episode of EMBARGOED!, Brian and Tim dissect the latest attempt by the U.S. government to hobble Huawei by taking aiming at the telecom giant's semiconductor supply chain and ponder whether the move will have unintended consequences. Next, we analyze the increasingly realistic prospect of the U.S. unleashing economic sanctions on China. We also check in on Venezuela and the political wrangling over Nynas's removal from the SDN List before recapping the key points of the U.S. government's latest sanctions advisory for the maritime industry. Plus, the Lightning Round features enforcement-focused nuggets relating to Iran, Syria, and Cuba.

*********

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:
3:35 Huawei
24:36 China Sanctions
38:57 Nynas AB + Venezuela Update
48:03 OFAC's Maritime Advisory

58:18 Lightning Round:
58:30 Iran + Seyed Shahidian Extradition, PAYMENT24 Case
1:03:53 Syria + EKT Katrangi
1:07:17 BIOMIN America + Another Cuba Blunder

1:12:33 Final Thoughts

***Stay sanctions free.***

China-stravaganza! | EMBARGOED! Podcast Episode 7

China-stravaganza! | EMBARGOED! Podcast Episode 7

May 12, 2020

In this episode of EMBARGOED!, Brian and Tim do a full-on China deep dive. To kick things off, we are joined by the first ever guest in EMBARGOED! history, our friend and colleague Richard Mojica, to analyze the current state of the U.S.-China trade deal, the possibility of more tariffs, and general prospects for U.S.-China trade relations through the 2020 U.S. presidential election and beyond. Next, we break down the significant new rule changes from BIS that will impact U.S. exports to military end users and for military end uses in China (and debate what those terms actually mean). After that, we survey the foreign direct investment landscape by discussing U.S. government fears about an influx of adversarial capital from China in the wake of COVID-19 and what CFIUS is likely to do in response. Finally, we survey the latest dramas, big and small, affecting Huawei and recap some recent enforcement activity tied to DOJ's China Initiative.

FIND OUT MORE:

Read more from Brian and Tim on the new BIS rules for military end users/uses: https://bit.ly/3bacpdg

Thanks to our guest Richard Mojica for joining us: https://www.millerchevalier.com/professional/richard-mojica

*********

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:
4:42 The Precarious State of the U.S.-China Trade Deal + Prospects for More Punitive Tariffs (with very special guest Richard Mojica, Member at Miller & Chevalier)
32:34 New BIS Rules for Military End Users/Uses in China
51:55 CFIUS and Beyond: Prospects for Chinese FDI
1:04:34 Latest on Huawei + Quick Enforcement Roundup (with focus on DOJ China Initiative)

1:32:46 Final Thoughts

***Stay sanctions free.***

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