In this episode, host Tim O'Toole is again joined by colleagues Collmann Griffin and Melissa Burgess (Miller & Chevalier) and special guests Erik Woodhouse (former Deputy Assistant Secretary for Counter Threat Finance and Sanctions in the Bureau of Economic and Business Affairs (EB) at the Department of State) and Joshua Kretman (former Deputy Assistant Secretary (Acting) in EB, who also spent several years as the lead sanctions attorney in the Office of the Legal Adviser at State). In part 2 of their discussion of State's role in sanctions, Erik and Josh address an unanswered question from part 1, then explain the coordination and separation between State and OFAC in licensing and enforcement. The discussion also covers a recent case addressing State’s power to designate and delist, as well as State's role when one of its decisions is challenged in court.

Roadmap:

• Separation between OFAC and State in enforcement
• State’s general role in sanctions license adjudication
• Sanctions enforcement versus sanctions implementation
• Challenging State designations, and the inherent power to delist

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Thanks to our guest for joining us:

Joshua Kretman: https://www.dentons.com/en/joshua-kretman

Erik Woodhouse: https://www.crowell.com/en/professionals/erik-woodhouse

Melissa Burgess: https://www.millerchevalier.com/professional/melissa-burgess

Collmann Griffin: 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!

In this episode, host Tim O’Toole is joined by colleagues Collmann Griffin and Melissa Burgess (Miller & Chevalier), and special guests Erik Woodhouse (former Deputy Assistant Secretary for Counter Threat Finance and Sanctions in the Bureau of Economic and Business Affairs (EB) at the Department of State) and Joshua Kretman (former Deputy Assistant Secretary (Acting) in EB, who also spent several years as the lead sanctions attorney in the Office of the Legal Adviser at State). In part 1 of this discussion, Erik and Josh explain the structure and various players working on sanctions within State, walk through the process of creating a new sanctions program, and discuss State's role in sanctions targeting.

Roadmap:

• Introductions and former positions at State
• Background on the State Department
• What role does State play in sanctions?
• Are there issues where State would want to hear from clients? What kinds of issues would you consider raising with State
• Venezuela: What role do you think State will play/is playing in this space?

*******

Thanks to our guest for joining us:

Joshua Kretman: https://www.dentons.com/en/joshua-kretman

Erik Woodhouse: https://www.crowell.com/en/professionals/erik-woodhouse

Melissa Burgess: https://www.millerchevalier.com/professional/melissa-burgess

Collmann Griffin: 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!

In this episode, Host Tim O'Toole is once again joined by Melissa Burgess, Counsel at Miller & Chevalier. Tim and Melissa discuss the major events and developments in 2025 for the Committee on Foreign Investment in the United States (CFIUS) and the Outbound Investment program that is sometimes referred to as "Reverse CFIUS" (because it involves restrictions on U.S. investment into foreign countries, rather than foreign investment in the U.S.). Tim and Melissa also shared their thoughts on what might be coming in 2026.

*******

Thanks to our guest for joining us:

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!