§597.505 Payment for certain legal services.
Except as otherwise authorized, specific licenses may be issued, on a case-by-case basis, authorizing receipt of payment of professional fees and reimbursement of incurred expenses through a U.S. financial institution for the following legal services by U.S. persons:
(a) Provision of legal advice and counseling to a foreign terrorist organization or an agent thereof on the requirements of and compliance with the laws of any jurisdiction within the United States, provided that such advice and counseling is not provided to facilitate transactions in violation of any of the prohibitions of this part;
(b) Representation of a foreign terrorist organization or an agent thereof when named as a defendant in or otherwise made a party to domestic U.S. legal, arbitration, or administrative proceedings;
(c) Initiation and conduct of domestic U.S. legal, arbitration, or administrative proceedings on behalf of a foreign terrorist organization or an agent thereof;
(d) Representation of a foreign terrorist organization or an agent thereof before any federal or state agency with respect to the imposition, administration, or enforcement of U.S. sanctions against a foreign terrorist organization or an agent thereof;
(e) Representation of an agent of a foreign terrorist organization, wherever located, detained within the jurisdiction of the United States or by the United States government, with respect to either such detention or any charges made against such agent, including, but not limited to, the conduct of military commission prosecutions and the initiation and conduct of federal court proceedings;
(f) Provision of legal services to a foreign terrorist organization or an agent thereof in any other context in which prevailing U.S. law requires access to legal counsel at public expense; and
(g) Representation of a foreign terrorist organization seeking judicial review of a designation before the United States Court of Appeals for the District of Columbia Circuit pursuant to 8 U.S.C. 1189(b)(1).
Note to §597.505: See §597.513 of this part for authorized mechanisms for payment through a U.S. financial institution of professional fees and reimbursement of incurred expenses for legal services specified in this section provided by a U.S. person to or on behalf of a foreign terrorist organization or an agent thereof.
[62 FR 52495, Oct. 8, 1997, as amended at 73 FR 78633, Dec. 23, 2008; 75 FR 75909, Dec. 7, 2010]
Read as complimentary to 594.506 (GTSR) and 595.506 (TSR), the other two terrorism-based sanctions regimes whose legal representation provisions were issued alongside this one. This provision deals with "payments," rather than the provision of services, because the FTOSR only apply to financial institutions, but the substance of what is covered for payment is the same as the substance of 594.506 and 595.506, with the exception being the provision for the challenge of designation. That provision only exists because the AEDPA, on which the FTOSR is based, has a special provision for the challenging of designations (there is little reason to believe that the challenging of designations would otherwise fall outside the scope of the other sorts of proceedings listed).
Refer to Notes Common to most Versions of the "Provision of Legal Services" General License (System Ed. Note), also addressing the payments issue. By all appearances, payments for legal services, when not generally licensed, are subject to favorable licensing policies whether or not a given set of sanctions regulations explicitly contains a GL for legal service payments.