EMBARGOED!

By Miller & ChevalierNews Business News

EMBARGOED! episodes

November 26, 2025Sanctions & Export Control Evasion with Conflict Armament Research's Damien Spleeters | EMBARGOED! Episode 90
This week, host Tim O'Toole chats with Damien Spleeters (Conflict Armament Research) and return guest Collmann Griffin (Miller & Chevalier) about how bad actors use sophisticated evasion tactics to circumvent U.S. export controls and sanctions to obtain components America's adversaries need for missiles, drones, and other weapons systems.
Roadmap:
Background on Conflict Armament Research (CAR), particularly CAR's work in Ukraine
Western components that end up in Russian, Iranian, North Korean, and other weapons systems and how this overlaps with the BIS Common High Priority List (CHPL)
A walkthrough of how an item makes its way from a U.S.-owned fabricator to a foreign weapons system
Screening/due diligence steps recommended for manufacturers and distributors of high-priority items
*******
Thanks to our guests for joining us:
Damien Spleeters: https://www.linkedin.com/in/damienspleeters/
Collmann Griffin: https://www.millerchevalier.com/professional/collmann-griffin
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 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!
35 min
November 14, 2025South of the Border | EMBARGOED! Episode 89
On this episode of EMBARGOED!, host Tim O'Toole is joined by Matteson Ellis (Latin America Practice Lead at Miller & Chevalier) discuss all the sanctions news from Latin America, with a focus on recent developments in Mexico.
Roadmap:
Introduction, Matt goes to Mexico
Foreign Terrorist Organizations (FTOs) and LatAm
Mexico, FTOs, and FinCEN orders
What's happening on the ground
The rest of LatAm
Looking into the crystal ball
*******
Thanks to Matt Ellis for joining us: https://www.millerchevalier.com/professional/matteson-ellis
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 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!
32 min
November 07, 2025Semiconductor Export Controls (Part 2): AI, SME, and the BIS 50% Rule | EMBARGOED! Episode 88
On this episode of EMBARGOED!, host Tim O'Toole, Miller & Chevalier Counsel Melissa Burgess and Collmann Griffin, and guest Chris Chamberlain of Morrison & Foerster continue their discussion of AI chip-related export controls, musing about Infrastructure-as-a-Service (IaaS) considerations, semiconductor manufacturing equipment (SME), and the much-anticipated BIS release of a 50 Percent Rule for the Entity List.
Roadmap:
May 13, 2025, BIS Policy Statement on training AI models
Controls on SME and balancing foreign policy, national security, and other reasons for control under the EAR
Not reasons for control: Economic and other factors BIS does not consider determinative when assessing controls
Pros and cons of BIS having an OFAC-style 50 Percent Rule for the Entity List
*******
Thanks to our guests for joining us:
Chris Chamberlain: https://www.mofo.com/people/chris-chamberlain
Melissa Burgess: https://www.millerchevalier.com/professional/melissa-burgess
Collmann Griffin: https://www.millerchevalier.com/professional/collmann-griffin
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 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!
1 hr 6 min
October 30, 2025Semiconductor Export Controls (Part 1): AI Chips and the "Secret Entity List" | EMBARGOED! Episode 87
On this episode of EMBARGOED!, host Tim O'Toole is joined by Miller & Chevalier Counsel Melissa Burgess and Collmann Griffin, and guest Chris Chamberlain of Morrison & Foerster to review the evolution of export controls on AI chips from October 2022 to the present. The discussion explores the variety of tools BIS has employed as it wrestles with tailoring controls, the value of BIS "is informed" letters, and chip diversion.
Roadmap:
The October 7 IFR and a brief tour of subsequent changes through May 2025
Identifying a problem versus tailoring controls: Troubleshooting how to restrict access to the most advanced compute resources and the tools necessary to manufacture them
Assessing the benefits to both BIS and industry of "is informed" letters
Predictions for the next iteration of the AI Diffusion Rule
A diversion into the problem of diversion: Red flags and tactics identified in the wild
*******
Thanks to our guests for joining us:
Chris Chamberlain: https://www.mofo.com/people/chris-chamberlain
Melissa Burgess: https://www.millerchevalier.com/professional/melissa-burgess
Collmann Griffin: https://www.millerchevalier.com/professional/collmann-griffin
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 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!
1 hr 4 min
October 16, 2025EU Sanctions for American Lawyers | Episode 86
Host Tim O'Toole discusses the latest EU sanctions on Russia with returning guests Collmann Griffin (Miller & Chevalier) and Dr. Tobias Ackermann (BLOMSTEIN). They focus on EU sanctions on Russia imposed that may be stricter than or conflict with their U.S. counterparts.
Roadmap:
Logistics of the sanctions
Imports and purchase - aluminum and Russian petroleum
Software
Finance and crypto
"Best efforts" - EU operators that own or control non-EU entities, including U.S. companies with EU-based subsidiaries, are required to use “best efforts” to ensure that those entities do not undermine EU sanctions against Russia and Belarus
"No Russia" and "No Belarus" clauses
Future measures
*******
Thanks to our guests for joining us:
Collmann Griffin: https://www.millerchevalier.com/professional/collmann-griffin
Dr. Tobias Ackermann: https://www.blomstein.com/en/team/dr-tobias-ackermann
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 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!
58 min
October 02, 2025Die Kunst Des Erfolgs: Navigating Foreign Investment Deals Through U.S., EU, and German Regulators | EMBARGOED! Episode 85
On this episode of EMBARGOED! Host Tim O'Toole is joined by guests Melissa Burgess (Miller & Chevalier) and Dr. Tobias Ackerman (BLOMSTEIN) to compare and contrast the foreign investment review regimes in the EU and Germany with the CFIUS process in the U.S.
Roadmap:
Brief introduction to Germany's FDI regime and the EU regime
A quick history of CFIUS
Exploration of the types of transactions subject to review and mandatory versus voluntary filing triggers
Summaries of the different filing and assessment processes
Review of recent and pending FDI developments in the U.S. and EU, including the America First Investment Policy
*******
Thanks to our guests for joining us:
Melissa Burgess: https://www.millerchevalier.com/professional/melissa-burgess
Dr. Tobias Ackermann: https://www.blomstein.com/en/team/dr-tobias-ackermann
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 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!
52 min
September 15, 2025 Mixing It Up with Tornado Cash, Part 2 | EMBARGOED! Episode 84
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 [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 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!
53 min
August 08, 2025Looking Into the Sanctions and Export Controls Crystal Ball | EMBARGOED! Episode 83
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 [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 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!
1 hr 3 min
June 16, 2025Winding Down Sanctions: A To-Do List When a Program Comes to an End | EMBARGOED! Episode 82
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 [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 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!
45 min
April 28, 2025U.S. and EU Divergence in Trade and Enforcement | EMBARGOED! Episode 81
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 [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 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!
41 min