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 tra ..read more

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 Vehicle ..read more

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 ..read more

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 o ..read more

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 regulati ..read more

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.millerche ..read more

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 coordination Key differences between U.S. and EU Russia sanctions Issuance Jurisdiction Licensing Seizure ..read more

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 internal policies Humanitarian/non-sanctioned activities involving comprehensively sanctioned co ..read more

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 evolved Comparison of ownership and control approaches in the U.S. and Canada Challenge of ownership and ..read more

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. sanctions U.S. sanctions/export controls E.O. 14024: Authority to designate companies operati ..read more