EMBARGOED!

Miller & Chevalier

Intelligent talk about international trade for trade geeks and regular people alike, hosted by Miller & Chevalier. read less
NewsNews
Business NewsBusiness News

Episodes

2023 Year in Review: The Good, the Bad, and the Ugly in U.S. Sanctions | EMBARGOED! Ep. 68
Feb 27 2024
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 trendsNew 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 5Import-related restrictions under E.O. 14068 1(a)(i)(B), as amendedImport-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 ******* 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
Nov 29 2023
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: IntroductionDefense services abroadSubject to the ITAR from coming into the U.S.Deemed export/SpaceXITAR Part 120 rewriteDDTC revised compliance program guidance/risk matrix10-year anniversary of ECRComplexity at the Bureau of Industry and Security (BIS) ******* 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
Nov 14 2023
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: IntroductionTornado Cash OFAC DesignationStorm and Semenov charged with conspiracy to commit sanctions violations FinCEN proposes new regulation to enhance transparency in convertible virtual currency mixing and combat terrorist financingHamas virtual currency fundraising and sanctions ******* 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!
Why Can’t We Be Friends? The Growth of Multi-Lateral Coordination in U.S. Sanctions Policy Toward Russia | EMBARGOED! Ep. 64
Aug 30 2023
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 sanctionsRussia sanctions in 2023 have been very different Unprecedented coordinationKey differences between U.S. and EU Russia sanctions IssuanceJurisdictionLicensingSeizure/expropriation of assetsRecourse for sanctioned partiesChallenges with divestment from RussiaExport controls ******* 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!
Takeoff: Staying Sanctions Free on the Canadian Side of the Border | EMBARGOED! Episode 62
Jun 15 2023
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 enforcementSanctions against Russia since Feb. 2022 and how Canadian sanctions have evolvedComparison of ownership and control approaches in the U.S. and Canada Challenge of ownership and control in the U.S., EU, and CanadaCanadian approach (traditional and new legislation)Compliance challenges ******* 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!
Russia, Russia, Russia, Russia | EMBARGOED! Episode 61
Jun 1 2023
Russia, Russia, Russia, Russia | EMBARGOED! Episode 61
In the wake of most recent round of sanctions against Russia, host Tim O'Toole and guest Dara Fernandez Perez (General Counsel – Trade Sanctions, EMEAI at Honeywell) discuss the impact of earlier sanctions packages, the challenges and opportunities those sanctions have created for the sanctions compliance and legal communities, and the particulars of the latest sanctions on both sides of the Atlantic. Roadmap: Overview of Russia sanctions since February 2022 in the EU, U.K., and U.S.New EU and U.K. sanctionsU.S. sanctions/export controls E.O. 14024: Authority to designate companies operating in Architecture, Engineering, Construction, Manufacturing, and TransportationE.O. 14071: Prohibition on architecture and engineering servicesOver 300 designations by OFAC/State, focusing on sanctions evasion, tech imports, and energy and extractive revenue, including Polyus (subject to wind-down GL)BIS Export ControlsFinCEN-BIS Joint Alert  ******* Thanks to Dara Fernandez Perez for joining us: https://www.linkedin.com/in/dara-fernandez-perez-2ab9a912/ 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!
China Redux: What Could Be Lurking in the Supply Chain? | EMBARGOED! Episode 56
Nov 21 2022
China Redux: What Could Be Lurking in the Supply Chain? | EMBARGOED! Episode 56
In this episode, Tim is joined by Kate Yin (Fangda Partners) and Miller & Chevalier's Richard Mojica and Virginia Newman to discuss due diligence and other issues arising from the newly implemented Uyghur Forced Labor Prevention Act. The group walks through the basics of the UFLPA, the challenges it creates for U.S. importers, the industries it targets for enforcement, and the rebuttable presumption for items traced to Xinjiang province.  The group then turns to identify concrete steps companies are taking to comply with the UFLPA, including how companies are conducting necessary due diligence while at the same time navigating challenges posed by Chinese Anti-Foreign Sanctions law.    ******* Thanks to our guests for joining us: Kate Yin: https://www.fangdalaw.com/people/kate-yin/  Richard Mojica: https://www.millerchevalier.com/professional/richard-mojica  Virginia Newman: https://www.millerchevalier.com/professional/virginia-s-newman  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!