EMBARGOED!

Dawn of a New Era for U.S. Sanctions? | EMBARGOED! Episode 38

Brian and Tim kick things off by dissecting the results of The Treasury 2021 Sanctions Review, which charts a (somewhat) new path for OFAC-administered sanctions. We debate what it all means and where things could be headed in the future. Next, we focus on OFAC’s latest guidance for the virtual currency industry and how that ties together with DOJ’s announcement of a new National Cryptocurrency Enforcement Team and redoubled efforts to investigate and prosecute export controls and sanctions violations. We then move to China to consider the messy circumstances surrounding ZTE’s court-appointed monitor and an even messier foreign policy situation currently brewing between the U.S. and China over Taiwan. Finally, in the Lightning Round, we share quick thoughts on the extradition of Alex Saab and the impact on the Maduro regime before turning to JCPOA 2.0 to ponder whether the door to a deal is just about closed.

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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 wherever you get your podcasts for new bi-weekly episodes so you don't miss out!

Roadmap:

• Introduction
• The Rundown
  • New OFAC Guidance for Virtual Currency Industry
  • DOJ Enforcement
  • ZTE's Forever Monitorship
  • A Dangerous Game of Chicken Over Taiwan
• Lightning Round
  • Extradition of Alex Saab and Impact on Maduro Regime
  • Requiem for JCPOA 2.0?
• Final Thoughts

***Stay sanctions free.***

On Ransoms, Virtual and Diplomatic | EMBARGOED! Episode 37

Brian and Tim are back to discuss ransoms of all shapes and sizes. First, they tackle OFAC’s new ransomware guidance and contemplate what it means for the risk faced by victims and others within the ransomware payment ecosystem. Next, Brian and Tim discuss recent OFAC settlements addressing Directive 4 and facilitation and, then, dive deep on the big announcement that DOJ resolved the criminal case against Huawei’s CFO with a DPA. Finally, in the Lightning Round, they share quick thoughts on the guilty plea entered by a cryptocurrency expert for conspiring to violate the North Korea sanctions.  

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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 wherever you get your podcasts for new bi-weekly episodes so you don't miss out!

Roadmap:

• Introduction
• The Rundown
  • New Ransomware Advisory and Designation
  • OFAC Settlement - Directive 4 and Facilitation
  • Huawei CFO Gets a DPA
• Lightning Round 
  • Ethereum Developer Pleads Guilty to DPRK Sanctions
• Final Thoughts

All Lightning Round, End-of-Summer Edition | EMBARGOED! Episode 36

On this all Lightning Round episode, Brian and Tim check in on JCPOA 2.0, the latest on Afghanistan, more sanctions targeting Russia, a new Belarus E.O., CFIUS’s continued focus on China and semiconductors, a recent OFAC enforcement action highlighting risks for non-U.S. subsidiaries of U.S. companies, and a brand new OFAC sanctions program relating to Ethiopia.  

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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 wherever you get your podcasts for new bi-weekly episodes so you don't miss out!

Roadmap:

• Introduction
• JCPOA 2.0 Update
• Afghanistan Update
• More Nord Stream 2 Sanctions and Navalny Anniversary
• Expanded Belarus Sanctions
• CFIUS Set to Block China Semiconductor Deal
• OFAC Settlement with First Bank and JC Flowers
• New Ethiopia E.O.
• Final Thoughts

***Stay sanctions free.***

GIR‘s Enforcement Action Survey and What‘s Next in Afghanistan | EMBARGOED! Episode 35

Back from summer vacation, Brian and Tim welcome guest Michael Griffiths of Global Investigations Review (GIR) to discuss his recent survey of U.S. trade practitioners, who were asked to identify the most influential OFAC and BIS enforcement actions of the past few years.  Then, Brian and Tim focus on the top story of the past month, Afghanistan, to forecast what U.S. sanctions policy may look like in the face of Taliban rule and what measures the U.S. may take to avoid a full blown humanitarian crisis.

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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 wherever you get your podcasts for new bi-weekly episodes so you don't miss out!

Around the World in 60 Minutes: Hong Kong, Cuba, Russia, Iran (and China) | EMBARGOED! Episode 34

Brian and Tim check in on a wide range of topics, including the newly issued Hong Kong Business Advisory, the U.S. response to the crackdown in Cuba, the fate of Nord Stream 2, and the (possibly dimming?) prospects for JCPOA 2.0.  Then, in the Lightning Round, we spend a few minutes sharing our thoughts on the first six months of sanctions and export controls enforcement activity under the Biden administration.

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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 wherever you get your podcasts for new bi-weekly episodes so you don't miss out!

Timestamps:

0:10 Introduction and Roadmap

The Rundown
4:30 Hong Kong Business Advisory
14:38 The Cuban People Rise Up... and Sanctions Follow
27:34 U.S.-Germany Agreement on Nord Stream 2
39:10 The Latest on JCPOA 2.0

52:45 Lightning Round: Early Trends in Biden Era Enforcement

1:05:55 Final Thoughts

***Stay sanctions free.***

A Deep Dive on Forced Labor | EMBARGOED! Episode 33

Brian and Tim are joined by their Miller & Chevalier colleagues, Richard Mojica and Nate Lankford, to dive deep on the problem of forced labor and the ways multinational companies are reckoning with this human rights crisis (in Xinjiang and beyond). Specifically, we dig in on the broader universe of business and human rights considerations that global actors must now manage (including the impact of U.S. policy aimed at decoupling from China), examine the recent spike in forced labor-related enforcement led by CBP, and discuss practical challenges and strategies for multinational companies to develop effective compliance programs in this area of increasing importance.

Thanks to our guests:

• Richard Mojica: https://www.millerchevalier.com/professional/richard-mojica
• Nate Lankford: https://www.millerchevalier.com/professional/nate-lankford

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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 wherever you get your podcasts for new bi-weekly episodes so you don't miss out!

Timestamps:

0:10 Introduction and Roadmap
1:38 Guest Introductions: Richard Mojica and Nate Lankford

The Rundown
3:52 Background on Business & Human Rights and Forced Labor
19:52 Customs and Border Protection Enforcement
47:22 Compliance Considerations

1:11:43 Final Thoughts

***Stay sanctions free.***

Is JCPOA 2.0 Going Down In Flames? | EMBARGOED! Episode 32

Brian and Tim try to decipher recent signals that JCPOA 2.0 may be in trouble and share their thoughts on what to look for during the coming weeks. We next turn to the new multilateral sanctions recently imposed on Belarus before checking in on China to discuss the merciful end of the #tiktokban (and what’s on the horizon under E.O. 14034), as well as recent aggressive actions by the U.S. targeting forced labor. Finally, in the Lightning Round, we do a quick dissection of the court decision dismissing Oleg Deripaska’s challenge to his SDN listing and offer thoughts on OFAC’s recent COVID-related general licenses and guidance.

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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!

Roadmap:

Introduction

The Rundown
Is JCPOA 2.0 Going Down in Flames?
New Belarus Sanctions
End of TikTok Ban and New E.O. Protecting Sensitive Data
Latest U.S. Actions Targeting Forced Labor in Xinjiang

Lightning Round
Deripaska Lawsuit Dismissed
OFAC GLs and Guidance re COVID Relief

Final Thoughts

***Stay sanctions free.***

Hitting Reset on E.O. 13959 | EMBARGOED! Episode 31

Brian and Tim kick things off by analyzing the complete do-over called by the Biden administration with respect to E.O. 13959 and contemplate what that means for the future of U.S. person restrictions relating to investments in publicly traded securities of Chinese Military-Industrial Complex Companies. Next, we consider the possible sanctions implications of the new White House directive targeting corruption and check in on the future of the Burma sanctions program in light of the deepening crisis. Finally, in the Lightning Round, we decipher the latest news on JCPOA 2.0, discuss the possible repercussions of Hamas touting its digital currency fundraising efforts, and evaluate recent criticism of the glacial pace of ECRA implementation.

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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!

Timestamps:

0:10 Introduction and Roadmap

The Rundown
5:00 New Chinese Military Company E.O.
27:41 White House Anti-Corruption Directive
36:52 Burma Sanctions Regulations (and Burma Update)

44:57 Lightning Round
45:09 Checking in on JCPOA 2.0
49:27 Hamas Bitcoin Donations
55:10 ECRA Implementation Fail

1:05:44 Final Thoughts

***Stay sanctions free.***

Waving the White Flag on Nord Stream 2? | EMBARGOED! Episode 30

Brian and Tim kick off this episode by digging in to the implications of the newly announced U.S. sanctions targeting the Nord Stream 2 project and why they may amount to an admission of defeat. Next, we check in on the seemingly imminent JCPOA 2.0, the latest court challenge to the CCMC List, and a recent report issued pursuant to the Hong Kong Autonomy Act. Finally, in the Lightning Round, we consider OFAC’s ransomware guidance following recent high profile attacks and share our initial thoughts on the possible fallout from the diversion of a Ryanair flight by Belarus to arrest an opposition journalist.

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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!

Timestamps:
0:10 Introduction and Roadmap

The Rundown
4:50 PEESA Sanctions and Nord Stream 2
19:00 Inching Toward JCPOA 2.0
26:18 Xiaomi Updates and Another CCMC Lawsuit
34:21 Recent Hong Kong Autonomy Act Report

45:10 Lightning Round
45:24 Colonial Pipeline Attack and Ransomware Epidemic
58:03 Belarus and Ryanair

 1:06:24 Final Thoughts

***Stay sanctions free.***

Enforcement-palooza 2.0! | EMBARGOED! Episode 29

We are long overdue for a deep dive on the latest enforcement actions, so we’re covering the DOJ-led joint resolution with SAP, OFAC settlements with MoneyGram and Alliance Steel, DDTC’s consent agreement with Honeywell, and, last but not least, Luokung Technology’s successful court challenge to its CCMC listing.  Then, in the Lightning Round, we check in on JCPOA 2.0, the U.S. approach to Venezuela and Cuba, and the winding down of an important general license for Belarus.

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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!

Timestamps:

0:10 Introduction and Roadmap

The Rundown
4:27 SAP NPA and OFAC Settlement
21:38 MoneyGram OFAC Settlement
28:28 Alliance Steel OFAC Settlement
33:25 Honeywell DDTC Settlement
40:46 Luokung Takes Another Bite Out of the CCMC List

58:00 Lightning Round
58:12 JCPOA 2.0
1:11:26 Signals on Venezuela and Cuba
1:16:43 Belarus GL 2H

1:20:52 Final Thoughts

 

***Stay sanctions free.***