Intelligent talk about international trade for trade geeks and regular people alike, hosted by Miller & Chevalier.
Episodes
Wednesday Jan 13, 2021
Wednesday Jan 13, 2021
EMBARGOED! kicks off 2021 with somber reflections on the riot at the U.S. Capitol before pivoting to (what else?) China to consider the new E.O. targeting AliPay, WeChat Pay, and other Chinese apps, the official arrival of BIS’s MEU List, and the latest guidance from OFAC relating to securities investments in Chinese Military Companies. After that, Brian and Tim check in on the latest developments in a rare North Korea sanctions prosecution in SDNY and then wrap up, in the Lightning Round, by briefly covering a successful court challenge to the ICC-related sanctions program and the passage of expanded Nord Stream 2 sanctions.
*********
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.
Timestamps:
0:10 Introduction and Roadmap
4:30 Some Brief Reflections on Treason, Sedition, and Insurrection by POTUS
The Rundown
16:54 New E.O. re: AliPay and Other Chinese Apps
28:47 The Military End User List
39:00 Latest Guidance on CCMC E.O.
51:10 Prosecution of Crypto Bro in SDNY
59:52 Lightning Round
1:00:18 PI in ICC Litigation in SDNY
1:05:57 Expanded Nord Stream 2 Sanctions
1:12:40 Final Thoughts
***Stay sanctions free.***
Tuesday Dec 29, 2020
Tuesday Dec 29, 2020
On the final EMBARGOED! episode of 2020, Brian and Tim present their Top 10 sanctions and export controls stories of the year (in Lightning Round fashion). There are no winners and losers here, but the list includes: Huawei, sanctions targeting China, expanded MEUser/MEUse restrictions, the maximum pressure campaign against Iran, TikTok and WeChat EOs, disappearing Russia, U.S. v. Sadr, ExxonMobil v. OFAC, efforts to undercut the so-called Troika of Tyranny, and the state of OFAC enforcement.
*********
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 Top 10 Sanctions and Export Controls Stories of 2020
5:50 Huawei (FPDP Rule and CFO Meng Wanzhou)
9:05 Sanctions targeted at China (Hong Kong/Uyghurs, statutes/EOs)
14:10 Military End User/Military End Use restrictions
19:30 Has Iran pressure been maxed out?
25:04 TikTok/WeChat EOs
29:57 Disappearing Russia (will it be back on the radar in 2021?)
35:50 Throwing out the Sadr conviction in SDNY
44:15 ExxonMobil v. OFAC ("fair notice" for all!)
53:12 Continued focus on the "Troika of Tyranny" (Venezuela, Cuba, Nicaragua)
57:23 OFAC enforcement (or lack thereof)
1:03:53 Honorable mentions
1:08:45 Final Thoughts
***Stay sanctions free.***
Tuesday Dec 15, 2020
Tuesday Dec 15, 2020
In the penultimate episode of 2020, Brian and Tim share their initial impressions of the new E.O. restricting U.S. person securities transactions involving Communist Chinese Military Companies, discuss the "phantom" Military End-User List that may or may not be issued by BIS, and ask "What's up with TikTok?" after another preliminary injunction and near radio silence from CFIUS. Then, in the Lightning Round, we give quick takes on the assassination of Iran's top nuclear scientist and its possible impact on President-elect Biden's Iran agenda and bring things back around to China with brief reflections on the latest Hong Kong- and North Korea-related sanctions designations.
*********
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
6:09 EO 13959 re: securities investments in CCMCs
22:25 The "Phantom" MEU List
33:42 What's up with TikTok?
47:40 Lightning Round
48:00 Will the assassination of Iran's top nuclear scientist prevent Biden from reentering the JCPOA?
55:50 Latest Hong Kong and North Korea designations from OFAC
1:03:34 Final Thoughts
***Stay sanctions free.***
Tuesday Nov 17, 2020
Tuesday Nov 17, 2020
We had to wait an extra week for the results, but we're finally ready to unpack what President-elect Biden's victory means for U.S. international trade priorities in 2021 and beyond. Our friend and very special guest, Richard Mojica, helps us break down what to expect in the U.S., China, and the EU, including what may and may not change with respect to the current era of protectionism, tariffs, free trade agreements, reshoring of supply chains, human rights, and much more. Brian and Tim then revisit their recent predictions on Iran and Cuba to add some new insights based on the events of the past few weeks. Plus, in the Lightning Round, we check in on what’s happening with TikTok (no one seems to know, including the U.S. government) and briefly gaze upon OFAC's recent advisory regarding high-value artwork to ponder what it all means.
*********
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: Post-election-palooza!
4:48 Beyond sanctions and export controls: what to expect from a Biden administration (with very special guest Richard Mojica)
44:40 Revisiting some of our pre-election predictions (Iran and Cuba)
1:00:36 Lightning Round
1:01:03 Checking In on TikTok
1:10:15 OFAC Art Advisory
1:17:42 Final Thoughts
***Stay sanctions free.***
Tuesday Oct 27, 2020
Tuesday Oct 27, 2020
With the U.S. presidential election right around the corner, Brian and Tim explore what the results could mean for U.S. trade and economic sanctions policy over the next four years with respect to China, Iran, Russia, Venezuela, and Cuba. Then, in the Lightning Round, we take a quick look at the upcoming, likely historic, IPO of Ant Group and whether the U.S. government can do anything to slow it down, and we bring you another round of sanctions trivia (back by popular demand).
*********
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: Election-palooza!
6:58 What will trade policy towards...
- 7:13 China
- 24:11 Iran
- 39:11 Russia
- 48:45 Venezuela
- 57:55 Cuba
...look like if Biden wins? If Trump wins?
1:07:17 Lightning Round
1:07:30 Is Ant Group going on the Entity List?
1:21:00 Trivia!
1:27:43 Final Thoughts
***Stay sanctions free.***
Tuesday Oct 13, 2020
Tuesday Oct 13, 2020
Brian and Tim drop the gavel to render verdicts on the litigation impacting the TikTok and WeChat bans and a lawsuit challenging the legal bases for the new ICC-related sanctions program. We also discuss OFAC's recent ransomware advisory and give some thoughts on a recent OFAC enforcement action focused on Cuba. Then, in the Lightning Round, we share our initial impressions on brand new U.S. sanctions targeting Iran's financial sector and dissect the outcome of a lawsuit challenging the foundations of the Commerce Department's authority to enforce the export controls framework established by the EAR.
*********
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
5:38 Quick Check-in on TikTok and WeChat
18:54 Lawsuit Challenging ICC Sanctions
39:36 OFAC and FinCEN Randomware Advisory
53:41 OFAC Settlement with Generali Global
1:01:47 Lightning Round
1:02:05 More Sanctions Coming Against Iranian Banks?
1:12:43 FedEx v. BIS
1:25:21 Final Thoughts
***Stay sanctions free.***
Tuesday Sep 29, 2020
Tuesday Sep 29, 2020
In the latest episode of EMBARGOED!, Brian and Tim return to China in a big way as they dive headlong into the TikTok and WeChat bans to analyze what transactions are actually prohibited, the status of the various court proceedings seeking to delay the bans, where things stand with CFIUS review of TikTok's "divestiture," and, last but not least, China's countermoves to try to ensure it will have the last word.
Next, we turn to Iran and the U.S.'s attempt to unilaterally reimpose U.N. sanctions under the JCPOA more than two years after withdrawing from the deal. Finally, in the Lightning Round, we share a few quick thoughts on recent sanctions aimed at countering foreign interference in U.S. elections and discuss the latest travel-related restrictions on Cuba (Hint: Don't stick rum or cigars in your suitcase before returning to the States unless you have an OFAC license).
********
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
7:01 More TikTok and WeChat (Commerce rules, state of the "bans," CFIUS and the TikTok "divestiture," China's Unreliable Entities List)
46:17 Iran Snapback
1:02:13 Lightning Round
1:02:25 Cyber designations relating to election interference by (GASP!) Russia
1:10:17 CACR amendments to further restrict aspects of Cuba travel
1:17:34 Final Thoughts
*Stay sanctions free.*
Tuesday Sep 15, 2020
Tuesday Sep 15, 2020
On this episode of EMBARGOED!, Brian and Tim keep their promise to stay China free (for this week, at least) and change things up to bring you an entire Lightning Round-style episode. With the whole world at our disposal (other than China), we cover the following topics in lightning fashion: the latest U.S. advisory on North Korea, the first U.S. sanctions imposed on the ICC, OFAC's MOU with the State of Delaware, two recent OFAC enforcement actions against an individual and a financial institution, respectively, the latest on Nord Stream 2 and Venezuela, and, finally, a wild card segment featuring our first foray into sanctions trivia.
*********
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
A Full Episode of Lightning Round!
4:49 North Korea Advisory
9:27 International Criminal Court Sanctions
17:13 OFAC Memorandum of Understanding with Delaware
21:18 OFAC Settlement (Individual)
25:26 OFAC Settlement (Russia/Ukraine/Deutsche Bank Trust Co. Americas)
30:00 Nord Stream 2
36:44 Latest Venezuela Sanctions
41:20 Wild Card!
51:55 Final Thoughts
***Stay sanctions free.***
Tuesday Sep 01, 2020
Tuesday Sep 01, 2020
EMBARGOED! is back! After a brief, socially-distanced summer vacation, Brian and Tim return to tackle the messy, unprecedented U.S. government actions targeting TikTok and WeChat. Next, we return to one of our favorite topics, Huawei, to analyze the impact of the BIS final rule, which makes another attempt to disrupt the company's supply chain by further expanding the foreign direct product rule. We also discuss the first wave of sanctions targeting Hong Kong and its top officials and ponder whether this was anything more than a symbolic gesture. Plus, in the Lightning Round we share some thoughts on recent Entity List additions targeting, for the first time, activities in the South China Sea, a Xinjiang-related addition to the SDN List causing significant due diligence headaches, and, at long last, the publication of the Advance Notice of Proposed Rulemaking regarding "foundational technologies."
*********
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
5:36 TikTok and WeChat
30:00 Final BIS Rule re: Huawei and Foreign Direct Product Rule
42:52 First Hong Kong Sanctions
51:40 Lightning Round
52:00 BIS Addition of 24 Chinese Companies to the Entity List re: South China Sea
56:56 Xinjiang-related Additions to the SDN List
1:02:00 Commerce (Finally) Issues ANPRM re: Foundational Technologies
1:09:00 Final Thoughts
***Stay sanctions free.***
Tuesday Jul 28, 2020
Tuesday Jul 28, 2020
On the latest episode of EMBARGOED!, Brian and Tim dissect the continued downward spiral of U.S.-China relations, including the sweeping new Executive Order aimed at "normalizing" U.S. relations with Hong Kong and the latest tit-for-tat sanctions imposed by the U.S. and China, respectively. Next, we cover two notable recent enforcement actions: OFAC's settlement with Amazon and a joint DOJ/OFAC resolution with Essentra FZE relating to North Korea sanctions violations. Finally, in the Lightning Round, we share quick thoughts on recent OFAC designations targeting Nicaragua and some personal reflections on the United States' reliance on human rights as a basis for economic sanctions policies.
*********
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 and Roadmap
The Rundown
4:21 China Round-up
22:30 Amazon OFAC Enforcement Action
30:51 North Korea Enforcement Action by DOJ/OFAC
39:39 Lightning Round:
40:00 Ortega's Inner Circle Targeted by OFAC
43:59 A Few Words on Human Rights and the Death Penalty
55:45 Final Thoughts
***Stay sanctions free.***