In EMBARGOED!’s inaugural FAQ episode, Brian and Tim tackle a wide array of questions and give actual, coherent answers (or try to, anyway; you decide). Questions cover: brand new restrictions on U.S. exports of PPE in response to the COVID-19 crisis; other COVID-19-related export control considerations in the medical research field; the U.S.’s proposed democratic transition framework for Venezuela and prospects for sanctions relief; a significant sanctions penalty out of the U.K. against Standard Chartered; the three most notable aspects of the “weird” Cuba sanctions program; prospects for leniency from U.S. enforcers for trade-related violations during the COVID-19 crisis; and is it possible to sue your way off the SDN List?
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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, hosted by Miller & Chevalier Members Brian Fleming and Tim O’Toole. 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 for new bi-weekly episodes so you don’t miss out!
Timestamps:
0:12 Introduction
Questions and Answers
3:23 FAQ 1: Under FEMA’s newly issued Temporary Rule restricting the export of certain categories of personal protective equipment (PPE), the prospects of ultimately obtaining approval from FEMA seem dim. What, if anything, should I do before attempting to export such items from the U.S.?
18:20 FAQ 2: I work in the medical research field. Given the unprecedented level of collaboration and coordination going on right now across the global research community relating to COVID-19, are there any specific U.S. export control related considerations I need to be aware of?
24:50 FAQ 3: I’ve seen recent press reports detailing the U.S. proposal for a transitional government in Venezuela. Assuming that proposal, or something resembling it, were to be adopted, would U.S. sanctions targeting Venezuela go away?
37:28 FAQ 4:For years, sanctions watchers have been speculating whether a non-U.S. enforcer would step up and take aggressive action in a manner that would demand attention at or near that given to OFAC. With the big penalty levied against Standard Chartered by OFSI in the U.K., has that day finally come?
48:46 FAQ 5: Despite being the oldest of the U.S. sanctions programs, or perhaps precisely because it is the oldest, the Cuba program seems to be the most consistently misunderstood and misinterpreted. What are the three most interesting or important aspects of this unique program that people should keep in mind when evaluating Cuba sanctions questions?
59:05 FAQ 6: I am a trade compliance professional at a multinational company. Given the state of the current global economy, my company has been forced to consider a number of transactions – both to address supply chain disruptions and increase liquidity – with unfamiliar parties and on timelines that are unprecedented. How worried should I be that the company (or even me personally) is going to open itself up to exposure if we miss something in the course of what feels like a constant cycle of hyper-speed due diligence?
1:06:47 FAQ 7: I saw recently that an Iranian company lost its case in federal district court challenging its inclusion on the SDN List. How often are SDNs actually successful in suing their way off the List?
1:18:15 Final Thoughts
***Stay sanctions free.***
