§542.507 Provision of certain legal services authorized.
(a) The provision of the following legal services to or on behalf of the Government of Syria or any other person whose property and interests in property are blocked pursuant to §542.201(a), or to or on behalf of a person in Syria, or in circumstances in which the benefit is otherwise received in Syria is authorized, provided that receipt of payment of professional fees and reimbursement of incurred expenses are authorized by or pursuant to paragraph (d) of this section or otherwise authorized pursuant to this part:
(1) Provision of legal advice and counseling on the requirements of and compliance with the laws of the United States or 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 named as defendants in or otherwise made parties to legal, arbitration, or administrative proceedings before any United States federal, state, or local court or agency;
(3) Initiation and conduct of legal, arbitration, or administrative proceedings before any United States federal, state, or local court or agency;
(4) Representation of persons before any U.S. federal, state, or local court or agency with respect to the imposition, administration, or enforcement of U.S. sanctions against such persons or Syria; and
(5) 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 any other legal services to the Government of Syria or any other person whose property and interests in property are blocked pursuant to §542.201(a), or to or on behalf of a person in Syria, or in circumstances in which the benefit is otherwise received in Syria, not otherwise authorized in this part, requires the issuance of a specific license.
(c) Entry into a settlement agreement 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 §542.201(a) is prohibited unless licensed pursuant to this part.
(d) Receipts of payment. (1) Legal services to or on behalf of blocked persons. All receipts of payment of professional fees and reimbursement of incurred expenses for the provision of legal services authorized pursuant to paragraph (a) of this section to or on behalf of the Government of Syria or any other person whose property and interests in property are blocked pursuant to §542.201(a) must be specifically licensed or otherwise authorized pursuant to §542.508, which authorizes certain payments from funds originating outside the United States.
(2) Legal services to or on behalf of all others. All receipts of payment of professional fees and reimbursement of incurred expenses for the provision of legal services authorized pursuant to paragraph (a) of this section to or on behalf of a person in Syria, or in circumstances in which the benefit is otherwise received in Syria, other than those described in paragraph (d)(1) of this section, are authorized, except that nothing in this section authorizes the debiting of any blocked account or the transfer of any blocked property.
Note to §542.507: U.S. persons seeking administrative reconsideration or judicial review of their designation or the blocking of their property and interests in property may apply for a specific license from OFAC to authorize the release of a limited amount of blocked funds for the payment of legal fees where alternative funding sources are not available. For more information, see OFAC's Guidance on the Release of Limited Amounts of Blocked Funds for Payment of Legal Fees and Costs Incurred in Challenging the Blocking of U.S. Persons in Administrative or Civil Proceedings, which is available on OFAC's Web site at: www.treasury.gov/ofac.
1) All sanctions regulations contain a GL allowing for the provision of certain legal services. The GL is, with some exceptions, boilerplate across sanctions programs, albeit with substantial variability on the question of whether or not payments for such services require a specific license. Read in conjunction with the GL dealing with payments for legal services.
Refer to Notes Common to most Versions of the "Provision of Legal Services" General License (System Ed. Note).
2) SySR-specific note on payments: As is the case with the other embargo-based versions of this provision, there is reference to a specific license concerning payments for fees. The SySR and ITSR are similar in this regard, where payments from non-blocked Syrians are generally authorized, and reference is made to a GL which generally licensing the receipt of payments from persons blocked pursuant to the SySR. The license for blocked parties is subject to reporting and other requirements. Note that Syrian parties designated pursuant to the GTSR or WMDPSR are subject to a more restrictive policy concerning the receipt of payments for legal advice, with the WMDPSR requiring all payments to be specifically licensed. Whichever program is most restrictive controls.