In this episode of EMBARGOED, host Tim O'Toole and guest Erich Ferrari discuss common questions and issues related to the OFAC delisting process. ******* Thanks to Erich Ferrari for joining us: https://www.ferrariassociatespc.com/our-team/erich-ferrari/  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!

In this episode, host Tim O'Toole is joined by guest Doug Jacobson as they podcast live from the last day of the 2024 BIS Update Conference. Roadmap: ChinaRussiaSemiconductorsICTSPart 744DDTC Update ******* Thanks to Doug Jacobson for joining us: https://www.jbktradelaw.com/douglas-n-jacobson  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!

On this episode of EMBARGOED!, host Tim O'Toole is joined by Miller & Chevalier Senior Associate Melissa Burgess explore the evolving role played by export controls in U.S. sanctions policy, and discuss a few recent developments. Roadmap: "Sanctions are the New FCPA"OFAC’s revised approach to sanctions: 2021 to the presentThe role of BIS and export controls in response to Russia/UkraineSecond anniversary designation announcements (February 23, 2024)Recent subpoenas to maker of semiconductor manufacturing equipmentCommerce’s March 1, 2024, ICTS supply chain ANPRM on “Connected Vehicles” ******* Thanks to Melissa Burgess for joining us: https://www.millerchevalier.com/professional/melissa-burgess  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!

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!

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!

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!

Tim and this week's guest, Miller & Chevalier Counsel Laura Deegan, talk about big recent changes to Venezuela sanctions, including a discussion of what happened, how long its expected to last, and what companies can do to better understand and comply with the changed sanctioned regime in Venezuela. Roadmap: The U.S. government suspended certain sanctions measures in three sectors of the Venezuelan economy: oil and gas, gold, and finance.   Oil and Gas Sector/GL 44Gold Sector/GL 43Financial Sector/GL 3I and GL 9H ******* 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 bi-weekly episodes so you don't miss out!

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!

This week, in light of the expanding multi-lateral sanctions against Russia and the focus on financial institutions as the front lines of sanctions compliance, host Tim O'Toole and guest Stéphanie Broekaart (Magara Sanctions and Export Controls Compliance Counseling) take a close look at the role of financial institutions in export controls and sanctions compliance.    Roadmap First things first: the exact role of banks in sanctions complianceList-based sanctionsEmbargoed countries and internal policiesHumanitarian/non-sanctioned activities involving comprehensively sanctioned countriesEnforcementCircumvention and evasion ******* Thanks to Stéphanie Broekaart for joining us: https://www.linkedin.com/in/st%C3%A9phanie-broekaart-05a2a462/  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!

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!

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!

Host Tim O'Toole is joined by guest Art Dicker (Senior Counsel with R&P China Lawyers in Shanghai) to discuss the ongoing TikTok legal saga. They'll outline the history of regulation and executive orders regarding TikTok and the proposed legislation addressing it moving forward.  Roadmap: History Commerce Department executive order under IEEPACFIUS (music.ly acquisition)Supply Chain Notice of Rulemaking and EO (under IEEPA) Proposals Proposed legislation that would undo result of litigation by amending IEEPAProposed legislation that would focus on data privacy concerns ******* Thanks to our guest, Art Dicker, for joining us: https://www.rplawyers.com/lawyer/art-dicker/ 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!

This week, host Tim O'Toole and our guest Roland Stein of the Blomstein law firm in Berlin review trade-related developments in Germany in 2022, particularly with regard to sanctions against Russia. Roadmap: German export controls and sanctionsGerman enforcement agencyHistory of German enforcement pre-RussiaIT prohibitionLegal services prohibitionPrice capsGermany's Sanctions Enforcement Act IIGermany's draft strategy paper on China ******* Thanks to our guest, Roland Stein, for joining us: https://www.blomstein.com/en/team.php?p=dr-roland-m-stein  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!

Host Tim O'Toole is joined by Stephenson Harwood's Sue Millar to discuss the relatively new price caps on Russian crude oil and the coming price caps on petroleum products in both the U.S. and the U.K. ******* Thanks to our guest, Sue Millar, for joining us: https://www.shlegal.com/en/people/sue-millar  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!

Happy New Year from EMBARGOED! In this episode, host Tim O'Toole is once again joined by Doug Jacobson from Jacobson Burton Kelley PLLC, this time to go over 2022's major U.S. export controls developments. They'll cover: Global developments BIS June 30, 2022 Administrative Enforcement MemoDecember 5, 2022 ITAR Compliance Program GuidelinesNotable enforcement cases Country-specific developments Russia: special export controls restrictions, special rules for aircraftChina: supercomputer rules ******* Thanks to our guest, Doug Jacobson, for joining us: https://www.jbktradelaw.com/douglas-n-jacobson  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!

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!

This week, Tim is joined by Doug Jacobson from Jacobson Burton Kelley PLLC​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​ to discuss new export controls related to China that were put out on October 13, 2022. They'll cover: Unverified List and Entity List changesNew export controls for certain advanced computing integrated circuits, supercomputer end uses, and Entity List modificationsNew controls for certain semiconductor manufacturing items and integrated circuits end usesBig changes to the EAR ******* Thanks to our guest, Doug Jacobson, for joining us: https://www.jbktradelaw.com/douglas-n-jacobson  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!

On October 24, 2022, President Biden issued an executive order that created infrastructure that could lead to a significant increase in Nicaragua sanctions. In this emergency podcast, Tim is joined by fellow Miller & Chevalier Member Alejandra Montenegro Almonte and Senior Associate Manuel Levitt to discuss the specifics of the new sanctions order, and talk about what that could mean for Nicaragua and the region. ******* 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!

Tim is joined by Van Doorne's Neyah van der Aa for an in-depth discussion of current EU and Dutch sanctions enforcement. They'll touch on the new EU facilitation provision and the new EU limitation on legal services to Russia.  In the lightning round, we're back to crypto with Bittrex. Roadmap: EU sanctions enforcementDutch sanctions enforcementNew EU facilitation provision What does it meanChallengesBlocking statute New EU Limitation on legal services to RussiaGoverning law out of EU will that work for divestment?Lighting Round: Bittrex ******* Thanks to our guest, Neyah van der Aa, for joining us: https://www.vandoorne.com/en/specialists/neyah-van-der-aa/  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!

And we're back! Tim and guest Tom Stocker of Pinsent Masons in Edinburgh discuss recent and forthcoming Russia sanctions developments in the U.S. and U.K. Roadmap: Russia sanctions and multilateralismU.K. enforcement post-Brexit generally and how it could/has affected Russia sanctions enforcementPrice caps!  Sept. 2 G7 Agreement and OFAC guidanceQuantum computing sanctionsLightning round Russian countermeasures update: Novation of contracts, payments through SDN banks, forced salesPredictions about energy-related sanctions Predictions about financial institution sanctions ******* Thanks to our guest, Tom Stocker, for joining us: https://www.pinsentmasons.com/people/tom-stocker 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!