EMBARGOED!

By Miller & ChevalierNews Business News

EMBARGOED! episodes

April 22, 2025Talking China, Cars, and Tech | EMBARGOED! Episode 80
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
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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 [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!
47 min
January 16, 2025ITAR Year in Review | EMBARGOED! Episode 79
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 [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
December 09, 2024 Predictions for Trade in 2025: Tariffs and Sanctions Outlook | EMBARGOED! Episode 78
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.
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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 [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!
51 min
November 26, 2024BIS Enforcement Actions: Everything You've Ever Wanted to Ask a (Former) BIS Special Agent | EMBARGOED Ep. 77
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
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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 [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 15, 2024Sanctions on the Ballot | EMBARGOED! Ep. 76
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 [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 1 min
September 24, 2024Back to School | EMBARGOED! Episode 75
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 [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!
57 min
August 20, 2024Lucky 14: The 14th Sanctions Package Against Russia & What it Means on Both Sides of the Atlantic | EMBARGOED! Ep. 74
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 [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!
49 min
August 05, 2024A Deep Dive into CFIUS and Reverse CFIUS | EMBARGOED! Ep. 73
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 [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 7 min
June 18, 2024Sanctions Compliance on the High Seas: Shipping, Insurance, Price Caps and the Dark Fleet | EMBARGOED! 72
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 [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!
54 min
April 25, 2024 Demystifying the OFAC Lists: Talking De-listing With Erich Ferrari | EMBARGOED! Episode 71
In this episode of EMBARGOED, host Tim O'Toole and guest Erich Ferrari discuss common questions and issues related to the OFAC delisting process.
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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 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!
47 min