I'll vote Aye on #1.
In MLB, if someone clears the waiver wire, they can be traded to anyone at that point. They don't have to clear again. If we're trying to mimic MLB where we can, we would modify it to just "but can be traded".
Having said that, I can see owners asking for outlandish returns, getting no offers as expected, and then being able to make any deal they want or have already constructed behind the scenes.
I'm going to vote Nay on #2.