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.

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.***
May 12 2022
1 hr 5 mins
The Evolving U.S. Response to Russia’s Invasion of Ukraine | EMBARGOED! Episode 47Addressing the Russia Conundrum | EMBARGOED! Episode 46
Mar 23 2022
59 mins
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.***
Mar 3 2022
56 mins
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.***
Feb 17 2022
57 mins
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.***
Jan 31 2022
1 hr 15 mins
Russia-stravaganza! | EMBARGOED! Episode 42Top 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.***
Dec 28 2021
58 mins
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.***
Dec 1 2021
1 hr 4 mins
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.***
Nov 15 2021
59 mins
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.***
Oct 25 2021
1 hr 14 mins
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
Oct 6 2021
1 hr 10 mins
All Lightning Round, End-of-Summer Edition | EMBARGOED! Episode 36GIR‘s Enforcement Action Survey and What‘s Next in Afghanistan | EMBARGOED! Episode 35Around the World in 60 Minutes: Hong Kong, Cuba, Russia, Iran (and China) | EMBARGOED! Episode 34
Aug 2 2021
1 hr 7 mins
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-mojicaNate Lankford: https://www.millerchevalier.com/professional/nate-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.***
Jul 15 2021
1 hr 15 mins
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.***
Jul 1 2021
1 hr 13 mins
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.***
Jun 10 2021
1 hr 6 mins
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. ********* 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.***
May 27 2021
1 hr 8 mins
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. ********* 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.***
May 13 2021
1 hr 22 mins