§ 590.506 - Investment and reinvestment of certain funds.  


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  • § 590.506 Provision Investment and reinvestment 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

    funds.

    Subject to the requirements of § 590.203, U.S. financial institutions are authorized to invest and reinvest assets blocked pursuant to § 590.201

    is authorized, provided that all receipts of payment of professional fees and reimbursement of incurred expenses must be specifically licensed:

    (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 domestic U.S. legal, arbitration, or administrative proceedings;

    (3) Initiation and conduct of legal, arbitration, or administrative proceedings before any U.S. 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; 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 persons whose property and interests in property are blocked pursuant to § 590.201, 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

    , subject to the following conditions:

    (a) The assets representing such investments and reinvestments are credited to a blocked account or subaccount that is held in the same name at the same U.S. financial institution, or within the possession or control of a U.S. person, but funds shall not be transferred outside the United States for this purpose;

    (b) The proceeds of such investments and reinvestments shall not be credited to a blocked account or subaccount under any name or designation that differs from the name or designation of the specific blocked account or subaccount in which such funds or securities were held; and

    (c) No immediate financial or economic benefit accrues (e.g., through pledging or other use) to a person whose property and interests in property are blocked pursuant to § 590.201 is prohibited unless licensed pursuant to this part.