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 [email protected]. 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...

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: China Russia Semiconductors ICTS Part 744 DDTC Update ******* Thanks to Doug Jacobson for joining us: https://www.jbktradelaw.com/douglas-n-jacobson  Questions? Contact us at [email protected]. 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...

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 present The role of BIS and export controls in response to Russia/Ukraine Second anniversary designation announcements (February 23, 2024) Recent subpoenas to maker of...

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 trends New 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 5 Import-related...

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...

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: Introduction Tornado Cash OFAC Designation Storm...

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 44 Gold Sector/GL...

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 sanctions Russia sanctions in 2023 have been very different Unprecedented...

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 compliance List-based sanctions Embargoed countries and...

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 enforcement Sanctions against Russia since Feb. 2022 and how Canadian sanctions have...

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...

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 IEEPA CFIUS (music.ly acquisition) Supply Chain Notice of Rulemaking and EO (under IEEPA) Proposals Proposed legislation that would undo result of...

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 sanctions German enforcement agency History of German enforcement pre-Russia IT prohibition Legal services prohibition Price caps Germany's Sanctions Enforcement Act II Germany's draft strategy paper on China ******* Thanks to our guest, Roland Stein, for...

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 [email protected]. EMBARGOED! is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts. EMBARGOED!...

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 Memo December 5, 2022 ITAR Compliance Program Guidelines Notable enforcement cases Country-specific developments Russia: special export controls restrictions, special rules for aircraft China: supercomputer...

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...

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 changes New export controls for certain advanced computing integrated circuits, supercomputer end uses, and Entity List modifications New controls for certain semiconductor manufacturing items and integrated circuits end uses Big changes...

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 [email protected]. EMBARGOED! is not...

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 enforcement Dutch sanctions enforcement New EU facilitation provision What does it mean Challenges Blocking statute New EU Limitation on legal services to Russia Governing law out of...

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 multilateralism U.K. enforcement post-Brexit generally and how it could/has affected Russia sanctions enforcement Price caps!  Sept. 2 G7 Agreement and OFAC guidance Quantum computing sanctions Lightning round Russian countermeasures update: Novation of contracts, payments through SDN banks, forced...

EMBARGOED! is going on hiatus for August and will be back in September with a new format. In the meantime, check out our back catalog and keep up to date with our trade alerts on millerchevalier.com. ******* Questions? Contact us at [email protected]. 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...

In a landmark EMBARGOED! episode (our 50th!), Brian and Tim start with a Russia roundup to discuss the latest actions from OFAC, BIS, and DOJ. Next, they pivot to Cuba and discuss recent changes to the CACR and debate the likely impact. Finally, Brian and Tim cover the latest news out of Iran and prognosticate, once again, whether JCPOA 2.0 is dead or just on life support. ******** Questions? Contact us at [email protected]. EMBARGOED! is not intended and cannot be relied on as legal...

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...

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...