§594.506 Provision of certain legal services authorized.
(a) The provision of the following legal services to or on behalf of persons whose property and interests in property are blocked pursuant to §594.201(a) is authorized, provided that all receipts of payment of professional fees and reimbursement of incurred expenses must be specifically licensed or otherwise authorized pursuant to this part:
(1) Provision of legal advice and counseling on the requirements of and compliance with the laws of any jurisdiction within the United States, provided that such advice and counseling are not provided to facilitate transactions in violation of this part;
(2) Representation of persons when named as defendants in or otherwise made parties to domestic U.S. legal, arbitration, or administrative proceedings;
(3) Initiation and conduct of domestic U.S. legal, arbitration, or administrative proceedings in defense of property interests subject to U.S. jurisdiction;
(4) Representation of persons before any federal or state agency with respect to the imposition, administration, or enforcement of U.S. sanctions against such persons;
(5) Representation of persons, 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 persons, including, but not limited to, the conduct of military commission prosecutions and the initiation and conduct of federal court proceedings; and
(6) Provision of legal services in any other context in which prevailing U.S. law requires access to legal counsel at public expense.
(b) The provision of legal services not otherwise authorized by paragraph (a) of this section to or on behalf of persons whose property and interests in property are blocked pursuant to §594.201(a) in connection with the initiation and conduct of legal, arbitration, or administrative proceedings before any U.S. federal, state, or local court or agency is authorized, provided that all receipts of payment of professional fees and reimbursement of incurred expenses must be specifically licensed.
(c) The provision of any other legal services to persons whose property or interests in property are blocked pursuant to §594.201(a), not otherwise authorized in this part, requires the issuance of a specific license.
(d) Entry into a settlement agreement affecting property or interests in property or the enforcement of any lien, judgment, arbitral award, decree, or other order through execution, garnishment, or other judicial process purporting to transfer or otherwise alter or affect property or interests in property blocked pursuant to §594.201(a) is prohibited except to the extent otherwise provided by law or unless specifically licensed in accordance with §594.202(e).
[68 FR 34197, June 6, 2003, as amended at 73 FR 78632, Dec. 23, 2008; 75 FR 75906, Dec. 7, 2010]
1) With the exceptions of i) the fact that the GTSR and TSR have an irregular licensing scheme for payments (housed entirely in a separate provision), and ii) subsection (a)(5), the scope of this provision is common across programs. See generally Notes Common to most Versions of the "Provision of Legal Services" General License (System Ed. Note).
With respect to Subsection (a)(5), it is likely that OFAC has included that language to acknowledge (or assert) that military tribunals in, for example, Guantanamo Bay, are not "domestic U.S. legal...proceedings." The fact that the FTOSR GL (597.505) for legal services payments includes a reference to "the conduct of military commission prosecutions" makes this all the more likely.
Note that many SDGTs are subject to multiple sanctions programs, and the GLs in all programs other than the GTSR and TSR do not include the military tribunal language. Whichever program is more restrictive effectively controls the scope of the applicable GL.
2) Subsection (a)(3) of around 10 of the 30+ boilerplate legal services GLs includes the following language: "Initiation and conduct of domestic U.S. legal, arbitration, or administrative proceedings in defense of property interests subject to U.S. jurisdiction." The "in defense of property interests subject to U.S. jurisdiction" qualifier has been removed from all provisions issued subsequent to 2012. It should be assumed that, even where a provision contains that qualifier, OFAC would interpret the GL to not be so limited.