Episodes

Thursday Mar 25, 2021
A War of Words in Alaska | EMBARGOED! Episode 26
Thursday Mar 25, 2021
Thursday Mar 25, 2021
On the latest episode, Brian and Tim return their focus to China by analyzing Xiaomi’s successful court challenge to its CCMC listing and the possible repercussions of the contentious U.S.-China diplomatic session in Anchorage. We then examine a recent sentencing in a sanctions case connected to the Maduro regime and discuss the release of official findings on foreign interference in the 2020 U.S. federal election. Finally, in the Lightning Round, we cover the latest on Nord Stream 2 and new BIS restrictions on Burma.
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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
6:07 Xiaomi
23:26 Hong Kong Designations and Sparring in Alaska
36:42 Venezuela Sanctions Sentence
48:56 Findings of Russia Election Interference
58:50 Lightning Round
59:03 Nord Stream 2 Warnings
1:08:32 BIS Restrictions on Burma
1:14:25 Final Thoughts
***Stay sanctions free.***

Tuesday Mar 09, 2021
Are the Gloves Off With Respect to Russia? | EMBARGOED! Episode 25
Tuesday Mar 09, 2021
Tuesday Mar 09, 2021
On the latest episode, Brian and Tim review the recent series of U.S. actions targeting Russia for its treatment of Aleksey Navalny and debate whether U.S.-Russia relations have now reached a tipping point. Next, we discuss the first failed attempt to get JCPOA 2.0 off the ground, ponder what the U.S. will do about Myanmar in the face of worsening post-coup conditions, and share some key takeaways from OFAC's recent settlement with BitPay. Finally, in the Lightning Round, we check in on the ICTS Supply Chain interim final rule, which appears to be here to stay, and briefly contemplate the prospects of the U.S.-Cuba Trade Act of 2021.
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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
6:04 Navalny and Russia
23:15 JCPOA 2.0
33:07 Quick Updates on Myanmar (and Yemen)
43:15 OFAC Settlement with Bitpay
50:14 Lightning Round
50:32 ICTS Supply Chain Final Rule is (Apparently) Here to Stay
56:45 U.S.-Cuba Trade Act
1:04:57 Final Thoughts
***Stay sanctions free.***

Wednesday Feb 24, 2021
A (Post-Brexit) U.K. Extravaganza! | EMBARGOED Episode 24
Wednesday Feb 24, 2021
Wednesday Feb 24, 2021
On the latest episode of EMBARGOED!, Brian and Tim are joined by special guests Sue Millar (Stephenson Harwood) and Tom Stocker (Pinsent Masons) to dive deep on what’s happening in the U.K. now that Brexit is (sort of) behind us. Topics include U.K. sanctions and export controls policy, the future of U.K.-U.S. and U.K.-EU trade relations, possible new U.K. approaches to Iran, China, and Russia, and the rise of OFSI as a sanctions enforcer to be reckoned with. Then, in the Lightning Round, we quickly touch on the new Burma sanctions program, a full U.S. reversal on Yemen, and the (possible) death knell for the TikTok and WeChat EOs.
Thanks to our guests:
Sue Millar: https://www.shlegal.com/en/people/sue-millar
Tom Stocker: https://www.pinsentmasons.com/people/tom-stocker
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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
3:52 Meet Our Guests - Sue Millar and Tom Stocker
5:27 What's Happening in the U.K.?
U.K. Trade Policy Post-Brexit
U.K. vs. U.S.
Looking Ahead to the U.K.'s Approach onP
China
Russia
Iran
Global Magnitsky Act/Human Rights-Based Sanctions
51:32 Final Thoughts and Goodbyes
55:42 Lightning Round
56:03 Burma Executive Order
59:32 Full Reversal on Yemen
1:02:46 Review of WeChat and TikTok Executive Orders
1:08:52 Final Thoughts
***Stay sanctions free***

Thursday Feb 11, 2021
What Will the U.S. Do in Response to the Coup in Myanmar? | EMBARGOED! Episode 23
Thursday Feb 11, 2021
Thursday Feb 11, 2021
Because there is never a dull moment in the world of economic sanctions, Brian and Tim dive deep on possible U.S. responses to the military coup in Myanmar and how China looms large in that decision. Next, we discuss early signals from the Biden Administration on its approach to the Venezuela sanctions program, and we examine the potential impact of a lawsuit from Xiaomi challenging its recent designation as a Communist Chinese military company. Finally, in the Lightning Round, we briefly touch on the new U.S. approach to Yemen and spend a few minutes wondering whether the CFIUS SWAT Team is coming after us.
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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
5:43 Military Coup in Myanmar
35:50 A New Approach to Venezuela
50:23 Xiaomi Lawsuit
1:05:09 Lightning Round
1:05:30 Update on Yemen
1:09:55 CFIUS SWAT Team
1:20:39 Final Thoughts
***Stay sanctions free.***

Wednesday Jan 27, 2021
What Just Happened? Recapping a Chaotic Transition | EMBARGOED! Episode 22
Wednesday Jan 27, 2021
Wednesday Jan 27, 2021
Following President Biden's inauguration, Brian and Tim look back at the chaotic final two weeks of the Trump administration to examine the flurry of trade and foreign policy actions taken on the way out the door. In Lightning Round fashion, we cover: Cuba's re-designation as a State Sponsor of Terror, statements about China committing genocide, more actions targeting the crackdown in Hong Kong, a few final pokes in the eye to Iran, the imprisonment of Alexei Navalny and a possible new era for sanctions targeting Russia, designations impacting the humanitarian crisis in Yemen, an amended (but still ambiguous) E.O. relating to publicly traded securities of CCMCs, provocative moves relating to Taiwan and the South China Sea, and a brand new regulatory regime meant to protect the ICTS supply chain from foreign adversaries.
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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.
Timestamps:
0:10 Introduction and Roadmap
5:57 Lightning Round-Style Recap
8:47 Cuba Designated a State Sponsor of Terror
14:43 Pronouncement that China is Committing Genocide
21:03 Latest from Hong Kong
26:20 Final Pokes in the Eye to Iran
32:38 Russia after Navalny's Arrest
39:58 Designating Houthis as an FTO/SDGT?
46:53 Amended CCMC EO
56:25 Taiwan and the South China Sea
1:03:30 Interim Final ICTS Rule
1:10:28 Final Thoughts
***Stay sanctions free.***

Wednesday Jan 13, 2021
Trump's Parting Shots at Democracy and China | EMBARGOED! Episode 21
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.
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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.
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
Top 10 Stories of 2020 | EMBARGOED! Episode 20
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.
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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 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
China Potpourri: Securities, Phantoms, and TikTok | EMBARGOED! Episode 19
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.
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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
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
Post-election-palooza! | EMBARGOED! Episode 18
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.
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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: 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
Election-palooza! | EMBARGOED! Episode 17
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).
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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: 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.***

