General Note Concerning the Scope of the Boilerplate “Legal Services” General License and Transactions Ordinarily Incident Thereto

Last substantive commentary amendment:
Jun. 20 2023

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TURBOFAC Commentary (3100 words)

General Comment Concerning the Scope of the Boilerplate “Legal Services” General License, and Transactions Ordinarily Incident Thereto

The direct or indirect provision of legal services to or on behalf of a blocked person is authorized by the boilerplate "legal services" general licenses, provided that the services remain within the scope of the general license. At the margins, the scope of the general license can be difficult to pin down. Certain transactions one might expect to be considered “ordinarily incident” to the provision of authorized legal services are, in fact, not characterized that way by OFAC, and are therefore outside the scope of the general license.

Another factor that complicates the applicability of the "legal services" GL is that certain activities outside the scope of the GL under ordinary circumstances may nevertheless be authorized, or otherwise not subject to OFAC's jurisdiction,...