EMBARGOED!

Host Tim O'Toole is joined by fellow Miller & Chevalier Member Leah Moushey to unpack the recent conviction of Tornado Cash co-founder Roman Storm for operating an unlicensed money transmitting business, an outcome that surprised many given the jury's deadlock on the more severe money laundering and sanctions charges.   The discussion explores how this case reflects the evolving enforcement landscape at the intersection of crypto, DeFi, and national security. Tim and Leah delve into the broader implications of the verdict including challenges regulators face in applying traditional AML and sanctions frameworks to new technology, including decentralized platforms. ******* 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 episodes so you don't miss out!

In this episode of EMBARGOED!, host Tim O'Toole and his guest, Miller & Chevalier Counsel Collmann Griffin, make predictions of what's next in sanctions and export controls, including Russia, Iran, Latin America, and AI chips. Roadmap: Intro Upcoming Russia sanctions and tariffs Likelihood of an Iran deal Latin America, Foreign Terrorist Organizations, Mexico, Brazil, and human rights sanctions BIS, AI chips, 50% Rule ******* Thanks to Collmann Griffin for joining us: https://www.millerchevalier.com/professional/collmann-griffin  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 EMBAROGED!, host Tim O'Toole and his guests, Miller & Chevalier Counsel Melissa Burgess and Collmann Griffin, explore the various ways the U.S. government lifts sanctions programs and corresponding export controls. Roadmap: So you want to lift sanctions: How can you do it? What complexities might be involved? A quick tour of history: Lifting sanctions under TWEA Section 5(b) in 1917 Lifting sanctions on China between 1969 and 1980 Syria sanctions and GL 25 Eliminating easy sanctions programs: West Bank and Zimbabwe Lifting complex sanctions programs: Myanmar/Burma and Sudan; "zombie programs" like Libya How to lift restrictions when the sanctions program target is a State Sponsor of Terrorism Iraq sanctions programs: I, II, and III ******* Thanks to our guests for joining us: Melissa Burgess: https://www.millerchevalier.com/professional/melissa-burgess  Collmann Griffin: https://www.millerchevalier.com/professional/collmann-griffin  Special thanks to summer associate Chenyang Wang for her assistance in preparing this episode. 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!

This week on EMBARGOED!, host Tim O'Toole is joined by Dr. Tobias Ackermann (BLOMSTEIN) and Caroline Watson (Miller & Chevalier) discuss the growing divergence between the U.S. and EU on key trade issues including economic sanctions on Russia, reciprocal tariffs, and export controls. Roadmap: Increasing disparity between U.S. and EU regulations and policies, regarding Russia EU's release of 16th Sanctions Package on Russia in early March Changes in approach to Russia from the Biden administration to the Trump administration, including in collaboration with the EU and dialogue with Russia U.S.-EU trade war: new U.S. tariffs on the EU and EU countermeasures The "bazooka" – the EU's 2023 anti-coercion instrument and whether it could be used in response to U.S. tariffs Export controls and how the U.S. is reportedly pulling away from collaboration with the EU on the development of further controls ******* Thanks to our guests for joining us: Dr. Tobias Ackermann: https://www.blomstein.com/en/team/dr-tobias-ackermann  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 episodes so you don't miss out!

On this episode of EMBARGOED!, Tim and guests Matt Fogarty (Lead Counsel – Trade & Human Rights, General Motors) and Caroline Watson (Counsel, Miller & Chevalier) talking about the new Information and Communications Technology and Services (ICTS) regulations with a focus on China, cars, and tech. Roadmap: Background and rationale of ICTS regulations The amended ICTS transaction review regulations The new Connected Vehicle regulations Thoughts on the impact and trajectory of these regulations ******* Thanks to our guests for joining us: Matt Fogarty: https://www.linkedin.com/in/matthew-fogarty-8286015/  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 episodes so you don't miss out!

Host Tim O'Toole and guests Melissa Burgess (Miller & Chevalier) and Johanna Reeves (Reeves & Dola, LLP) discuss changes to the ITAR that came into effect in 2024, proposed rules that could be finalized in 2025, and the enforcement outlook for the new year. Roadmap: Updates: Addition of Nicaragua as a 126.1 country and new DDTC guidance for universities Deeper dives Expansion of § 120.54: Activities that are not exports, reexports, retransfers, or temporary imports AUKUS-related changes and new FAQs Proposed rules: defense services Enforcement: DDTC and BIS approaches in recent years, what does the future look like in the wake of Jarkesy and Loper Bright? ******* Thanks to our guests for joining us: Melissa Burgess: https://www.millerchevalier.com/professional/melissa-burgess Johanna Reeves: https://reevesdola.com/about-johanna-e-reeves  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, host Tim O'Toole and guests Richard Mojica and Laura Deegan of Miller & Chevalier discuss potential tariffs (including IEEPA and China) and sanctions  changes (including Venezuela and Iran) in a second Trump term.   ******* Thanks to our guests for joining us: Richard Mojica: https://www.millerchevalier.com/professional/richard-mojica  Laura Deegan: 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!

On this week's EMBARGOED!, host Tim O'Toole and Miller & Chevalier's Melissa Burgess, with guest Don Pearce, currently a Senior Advisor with Torres Trade Advisory and a retired BIS Special Agent, discuss the role of BIS Special Agents in enforcement actions, plus updates to BIS enforcement policies, recent enforcement actions, and best practices for industry. Roadmap: Introduction The role of BIS Special Agents in enforcement actions (compared with the roles of other agencies like HSI or OEE personnel involved in reviewing disclosures) How to respond to outreach or a visit from a BIS Special Agent and related tips  Providing tips and investigation leads when industry suspects a customer is attempting to divert products: When should industry approach BIS once it identifies red flags? What kind of information is useful? Thoughts about the 2022–present changes to BIS enforcement and voluntary self-disclosure policies, including September 2024 regulatory changes Highlights from the newest Don’t Let This Happen to You Interesting features or lessons to learn from recent enforcement actions ******* Thanks to our guests for joining us: Don Pearce: https://torrestradeadvisory.com/team/donald-pearce/  Melissa Burgess: 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!

On this episode of EMBARGOED!, host Tim O'Toole and Miller & Chevalier Counsel Laura Deegan discuss how the upcoming U.S. elections could affect sanctions policy. Roadmap: Introduction A new administration is coming - What would a President Harris do? What would a President Trump do? Changes in Treasury and State appointees Country by Country: Iran, Russia, North Korea, Venezuela, Cuba ******* 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!

Host Tim O'Toole and Miller & Chevalier Senior Associate Melissa Burgess discuss export control considerations for universities, plus new export controls on advanced tech and revisions to the BIS voluntary self-disclosure regulations. Roadmap: Introduction Upcoming speaking, podcasts, and events New BIS export control compliance resources for the academic community Compliance Note and Compendium of Resources (Aug. 14, 2024) Special issues in a university/research institute environment Best practices for university export control programs Recent enforcement actions New plurilateral approach to controls on advanced tech (Sept. 6, 2024) More tweaks to the BIS voluntary self-disclosure process (Sept. 16, 2024) ******* 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!

This week on EMBARGOED!, host Tim O'Toole is joined by BLOMSTEIN's Dr. Florian Wolf and Hanna Sophie Kurtz to discuss the 14th EU sanctions package against Russia and other sanctions topics. Roadmap: Introduction Background to the 14th EU sanctions package against Russia: Why was it necessary? Why was it delayed? What is its purpose, scope, and applicability? What are details of its legal framework and implementation in EU Member States? Content of the 14th sanctions package (best-effort obligation (Article 8a), prohibition to circumvent restrictive measures (12), No-Russia clause and No-Belarus clause (12g and 12ga), due diligence for export of common high-priority items and impact on companies (12gb), broadened listed goods (3k) and prohibition to provide services (5n) Parallel U.S. sanctions and an update on U.S. sanctions against Russia ******* Thanks to our guests for joining us: Dr. Florian Wolf: https://www.blomstein.com/en/team/dr-florian-wolf  Hanna Sophie Kurtz: https://www.blomstein.com/en/team/hanna-sophie-kurtz    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 attorneys Caroline Watson and Melissa Burgess to discuss U.S. controls on investment transactions under the CFIUS program and the new reverse CFIUS program, as well as the potential impact of the Supreme Court’s recent decision in SEC v. Jarkesy on enforcement by civil penalties.  Roadmap: Intro CFIUS Outbound Investment Program (reverse CFIUS) Enforcement Penalties and the impact of Jarkesy ******* Thanks to our guests for joining us: Caroline Watson: https://www.millerchevalier.com/professional/caroline-j-watson Melissa Burgess: 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 EMBARGOED!, host Tim O'Toole and guests Eric Orsini (Lloyd's List Intelligence), Laura Deegan (Miller & Chevalier), and Manny Levitt (Miller & Chevalier) focus on the shipping industry and sanctions compliance. They talk about shipping, insurance, price caps and have an extended discussion of the Dark Fleet. Road map: Introductions Introduction to the Price Cap Achieving Sanctions Goals Downstream Consequences The Dark Fleet How does China fit in? Compliance Considerations What's on the horizon from OFAC? ******* Thanks to our guests for joining us: Eric Orsini: https://www.lloydslistintelligence.com/ Laura Deegan: https://www.millerchevalier.com/professional/laura-deegan Manny Levitt: https://www.millerchevalier.com/professional/manuel-levitt   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 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: 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 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 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 semiconductor manufacturing equipment Commerce’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 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 restrictions under E.O. 14068 1(a)(i)(B), as amended Import-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: Introduction Defense services abroad Subject to the ITAR from coming into the U.S. Deemed export/SpaceX ITAR Part 120 rewrite DDTC revised compliance program guidance/risk matrix 10-year anniversary of ECR Complexity 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: Introduction Tornado Cash OFAC Designation Storm and Semenov charged with conspiracy to commit sanctions violations FinCEN proposes new regulation to enhance transparency in convertible virtual currency mixing and combat terrorist financing Hamas 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 44 Gold Sector/GL 43 Financial 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!