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

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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

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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 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?

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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.

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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 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

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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 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

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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)

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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

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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!