PODCAST

EMBARGOED!

Miller & Chevalier

Intelligent talk about international trade for trade geeks and regular people alike, hosted by Miller & Chevalier Members Brian Fleming and Tim O'Toole.

Don’t Worry, We Haven’t Forgotten About China | EMBARGOED! Episode 49
Jun 1 2022
Don’t Worry, We Haven’t Forgotten About China | EMBARGOED! Episode 49
In a refreshing change of pace, Brian and Tim spend time on one of their favorite non-Russia topics, China. First, they discuss President Biden's pledge to defend Taiwan from a PRC invasion and what it means (if anything). Next, they discuss the state of China's imports to Russia following the invasion of Ukraine and the growing debate over various proposals in the U.S. to create a "reverse CFIUS" process to review outbound investment to China and other countries of concern. Finally, Brian and Tim cover two new U.S. government advisories focused on North Korean IT workers and Sudan, respectively.  ******** 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: IntroductionThe Rundown Biden Vows to Defend TaiwanChinese Exports to Russia DeclineReverse CFIUSDPRK IT Worker Advisory Lightning Round: Sudan Business AdvisoryFinal Thoughts ***Stay sanctions free.***
OFAC’s Victory Day Present for Putin and Sanctions Are the New FCPA | EMBARGOED Episode 48
May 12 2022
OFAC’s Victory Day Present for Putin and Sanctions Are the New FCPA | EMBARGOED Episode 48
Brian and Tim kick things off by briefly covering OFAC's issuance, on the eve of Victory Day, of two determinations aimed at disrupting Russia's use of accounting, trust and corporate formation, and management consulting services. Next, they discuss recent public comments by the Deputy Attorney General proclaiming that, as a DOJ enforcement priority, sanctions are the new FCPA. We also check in on what China has been up to lately (with respect to Russia) and share a few thoughts on the recently issued Ukraine-/Russia-Related Sanctions Regulations. Finally, in the Lightning Round, they briefly cover the unsealing of indictments against Virgil Griffith's alleged co-conspirators and debate what it could mean that Nicaragua's ruling family has reportedly reached out to the U.S. seeking sanctions relief. ******** 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:  IntroductionThe Rundown Sanctions are the New FCPAChina and RussiaNew Ukraine-/Russia-Related Sanctions Regulations Issued Lightning Round European Co-Conspirators of Virgil Griffith ChargedNicaragua Reaches Out for Sanctions Relief Final Thoughts ***Stay sanctions free.***
Russia Invades Ukraine and Triggers the Biggest Week in Economic Sanctions History | EMBARGOED! Episode 45
Mar 3 2022
Russia Invades Ukraine and Triggers the Biggest Week in Economic Sanctions History | EMBARGOED! Episode 45
After a tumultuous and historic week, Brian and Tim gather themselves to discuss the U.S. (and global) response to Russia's invasion of Ukraine. They start by diving in to the broad, coordinated economic sanctions aimed at debilitating Russia's financial sector and Putin's inner circle, debate how well the new measures will work, and contemplate what could be coming next. They next turn to the significant expansion of export controls implicating Russia and discuss the likely impact. Finally, in the Lightning Round, Brian and Tim bid farewell to DOJ's China Initiative and read between the lines to decipher DOJ's ongoing priorities. ******** 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:  IntroductionThe Rundown U.S. Response to Russian Invasion of Ukraine (Sanctions)U.S. Response to Russian Invasion of Ukraine (Export Controls) Lightning Round DOJ's China Initiative = DONE Final Thoughts ***Stay sanctions free.***
Afghanistan In the Spotlight (while Iran, Russia, and China Lurk Offstage) | EMBARGOED! Episode 44
Feb 17 2022
Afghanistan In the Spotlight (while Iran, Russia, and China Lurk Offstage) | EMBARGOED! Episode 44
Brian and Tim discuss the new E.O. aimed at resolving the question of what to do with Da Afghanistan Bank’s assets in the U.S. and debate whether it will work as intended. Next, they place bets on whether it’s too late for JCPOA 2.0 to happen and discuss how far the U.S. may be prepared to go to impose costs on China if it disregards the (possible) “crushing” sanctions that could be imposed upon Russia. Finally, Brian and Tim stick with China to briefly cover the recently unsealed trade secret theft charges against Hytera Communications and an atypical CFIUS review initiated by a U.S. company unhappy with its Chinese investors.   ******** 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:  IntroductionThe Rundown New Afghanistan E.O.JCPOA 2.0 PredictionsRussia and China are BFFs?Hytera TS Theft IndictmentThe Curious Case of Icon Aircraft and CFIUS Final Thoughts ***Stay sanctions free.***
Russia and Iran and China, Oh My! | EMBARGOED! Episode 43
Jan 31 2022
Russia and Iran and China, Oh My! | EMBARGOED! Episode 43
This week on EMBARGOED!, Brian and Tim cover three of their favorite topics: Russia, Iran, and China. First, they discuss the latest U.S. threat to deploy Huawei-style foreign direct product rule restrictions on exports to Russia. Next, they consider whether it is truly now or never for JCPOA 2.0 and, then, contemplate the future of DOJ’s China Initiative in the wake of a high-profile dismissal. Finally, in the Lightning Round, Brian and Tim go below deck to provide some perspective on recent developments in a Helms-Burton lawsuit targeting major players in the cruise industry and share some quick thoughts on the new U.S. government advisory regarding Burma (Myanmar).   ******** 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:  IntroductionThe Rundown FDPR Weaponized Against RussiaNow or Never for JCPOA 2.0The End of DOJ's China Initiative? Lightning Round Helms-Burton Litigation Update - Havana Docks v. the Cruise LinesNewly Issued Burma Business Advisory Final Thoughts ***Stay sanctions free.***
Top 10 Stories of 2021 | EMBARGOED! Episode 41
Dec 28 2021
Top 10 Stories of 2021 | EMBARGOED! Episode 41
In the year's final episode, Brian and Tim run through a Lightning Round-style discussion of the top economic sanctions and export controls stories of 2021. In no particular order, they discuss: the U.S. hitting the policy reset button, successful court challenges, China!, the slow death of JCPOA 2.0, virtual currency and ransomware, Russia's reemergence, turbulent times yield lots of new sanctions programs and policies, Huawei's CFO gets a DPA, all quiet in the Americas, and a renewed focus on anti-corruption, democracy, and human rights. See you in 2022! Stay sanctions free! ******** 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: IntroductionHitting the Reset Button (Treasury sanctions review, end of ICC E.O., end of TikTok ban, big refresh on E.O. 13959)Successful Court Challenges to Less Than Successful Policies and E.O.s (Xiaomi, Lukong, TikTok/WeChat, ICC E.O.)China, China, ChinaNo JCPOA 2.0Virtual Currency and RansomwareRussia Back in FocusTurbulent Times = Lots of New Sanctions Programs/Actions (Afghanistan, Burma, Ethiopia, Yemen)Huawei CFO DPAVenezuela/Cuba/NicaraguaFocus on Anti-corruption, Democracy, and Human RightsHonorable Mentions - North Korea, DOJ Enforcement FocusFinal Thoughts ***Stay sanctions free.***
Fresh New Topics and Old Favorites | EMBARGOED! Episode 40
Dec 1 2021
Fresh New Topics and Old Favorites | EMBARGOED! Episode 40
Before turning to some old favorites, Brian and Tim cover some fresh new topics, including the first designations under, and tailored aims of, the new Ethiopia-related sanctions program and the Cambodia Business Advisory on High-Risk Investments and Interactions. Next, they discuss recent actions to combat Iran's attempts to interfere in the 2020 U.S. presidential election and Russia's latest provocations with respect to Ukraine and Europe's energy supply. Finally, in the Lightning Round, Brian and Tim briefly consider a possible U.S. diplomatic boycott of the Beijing Olympics and the end of OFAC's Burundi sanctions program. ******** 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: IntroductionThe Rundown New Ethiopia E.O. and DesignationsCambodia Business AdvisoryElection Interference by Iranian Cyber ActorsWarning Russia on Ukraine and EU Energy Supply Lightning Round U.S. Close to Announcing Diplomatic Boycott of Beijing Olympics?End of the Burundi Sanctions Program Final Thoughts ***Stay sanctions free.***
A Heaping Helping of China with a Side of Turkey | EMBARGOED! Episode 39
Nov 15 2021
A Heaping Helping of China with a Side of Turkey | EMBARGOED! Episode 39
Brian and Tim give thanks for having no shortage of China topics to cover (ever), which include BIS's new interim final rule establishing controls on certain items that can be used for malicious cyber activities, authorized (and possibly unauthorized) exports to Huawei, the FCC's revocation and termination of China Telecom Americas' license, and a brief Lightning Round discussion of the latest on Taiwan. In the middle of all that China content, Brian and Tim also discuss the possible implications of a recent FSIA ruling in the Halkbank case.   ******** 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: IntroductionThe Rundown New BIS Interim Final Rule re: Cybersecurity Items and New Entity Lists AdditionsSupplying HuaweiTeam Telecom and China TelecomHalkbank Ruling re: FSIA Lightning Round U.S. Support for Taiwan at the UN Final Thoughts ***Stay sanctions free.***
Dawn of a New Era for U.S. Sanctions? | EMBARGOED! Episode 38
Oct 25 2021
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. ******** 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: IntroductionThe Rundown New OFAC Guidance for Virtual Currency IndustryDOJ EnforcementZTE's Forever MonitorshipA Dangerous Game of Chicken Over Taiwan Lightning Round Extradition of Alex Saab and Impact on Maduro RegimeRequiem for JCPOA 2.0? Final Thoughts ***Stay sanctions free.***
On Ransoms, Virtual and Diplomatic | EMBARGOED! Episode 37
Oct 6 2021
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.   ******** 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: IntroductionThe Rundown New Ransomware Advisory and DesignationOFAC Settlement - Directive 4 and FacilitationHuawei CFO Gets a DPA Lightning Round  Ethereum Developer Pleads Guilty to DPRK Sanctions Final Thoughts
Around the World in 60 Minutes: Hong Kong, Cuba, Russia, Iran (and China) | EMBARGOED! Episode 34
Aug 2 2021
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. ********* 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
Jul 15 2021
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: Lankford: ********* 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
Jul 1 2021
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. ********* 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
Jun 10 2021
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. ********* 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.***