EMBARGOED!

Miller & Chevalier

Intelligent talk about international trade for trade geeks and regular people alike, hosted by Miller & Chevalier.

  1. 5D AGO

    Semiconductor 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 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!

    1h 5m
  2. OCT 30

    Semiconductor 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 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!

    1h 4m
  3. OCT 16

    EU 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 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!

    58 min
  4. OCT 2

    Die 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 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!

    52 min
  5. JUN 16

    Winding 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 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!

    45 min
  6. APR 28

    U.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 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!

    40 min
4.8
out of 5
27 Ratings

About

Intelligent talk about international trade for trade geeks and regular people alike, hosted by Miller & Chevalier.

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