EMBARGOED!

Demystifying the OFAC Lists: Talking De-listing With Erich Ferrari | EMBARGOED! Episode 71

In this episode of EMBARGOED, host Tim O'Toole and guest Erich Ferrari discuss common questions and issues related to the OFAC delisting process.

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Thanks to Erich Ferrari for joining us: https://www.ferrariassociatespc.com/our-team/erich-ferrari/ 

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!

An Update from Update 2024 | EMBARGOED! Episode 70

In this episode, host Tim O'Toole is joined by guest Doug Jacobson as they podcast live from the last day of the 2024 BIS Update Conference.

Roadmap:

• China
• Russia
• Semiconductors
• ICTS
• Part 744
• DDTC Update

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Thanks to Doug Jacobson for joining us: https://www.jbktradelaw.com/douglas-n-jacobson 

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!

If Sanctions are the New FCPA, are Export Controls the New Sanctions? | EMBARGOED! Episode 69

On this episode of EMBARGOED!, host Tim O'Toole is joined by Miller & Chevalier Senior Associate Melissa Burgess explore the evolving role played by export controls in U.S. sanctions policy, and discuss a few recent developments.

Roadmap:

• "Sanctions are the New FCPA"
• OFAC’s revised approach to sanctions: 2021 to the present
• The role of BIS and export controls in response to Russia/Ukraine
• Second anniversary designation announcements (February 23, 2024)
• Recent subpoenas to maker of semiconductor manufacturing equipment
• Commerce’s March 1, 2024, ICTS supply chain ANPRM on “Connected Vehicles”

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Thanks to Melissa Burgess for joining us: https://www.millerchevalier.com/professional/melissa-burgess 

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!

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!