§ 536.506 - Provision of certain legal services.

§ 536.506 Provision of certain legal services authorized.

(a) The provision of the following legal services to or on behalf of a specially designated narcotics trafficker of the legal services set forth in paragraph (b) of this section traffickers is authorized, provided that all any receipt of payment therefor must be specifically licensed.

(b) Specific licenses may be issued, on a case-by-case basis, authorizing receipt

of

payment of

professional fees and reimbursement of incurred expenses

for the following legal services by U.S. persons to a specially designated narcotics trafficker

must be authorized pursuant to § 536.507 or 536.508, which authorize certain payments for legal services; via specific licenses; or otherwise 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

is

are not provided to facilitate transactions

that would violate any of the prohibitions contained in

in violation of this part;

(2) Representation of

a specially designated narcotics trafficker when

persons named as

a defendant

defendants in or otherwise made

a party

parties to

domestic United States

legal, arbitration, or administrative proceedings before any U.S. federal, state, or local court or agency;

(3) Initiation and conduct of

domestic United States

legal, arbitration, or administrative proceedings

in defense of property interests subject to

before any U.S.

jurisdiction of a specially designated narcotics trafficker

federal, state, or local court or agency;

(4) Representation of persons before any U.S. federal

or state

, state, or local court or agency with respect to the imposition, administration, or enforcement of

United States sanctions against significant narcotics traffickers centered in Colombia or specially designated narcotics traffickers

U.S. sanctions against such persons; and

(5) Provision of legal services in any other context in which prevailing

United States

U.S. law requires access to legal counsel at public expense.

(

c

b) The provision of any other legal services to

a

specially designated narcotics

trafficker,

traffickers not otherwise authorized in

or exempted by

this part, requires the issuance of a specific license.

(c) U.S. persons do not need to obtain specific authorization to provide related services, such as making filings and providing other administrative services, that are ordinarily incident to the provision of services authorized by this paragraph. Additionally, U.S. persons who provide services authorized by this section do not need to obtain specific authorization to contract for related services that are ordinarily incident to the provision of those legal services, such as those provided by private investigators or expert witnesses, or to pay for such services. See § 536.405.

(d) Entry into a settlement agreement affecting property or interests in property of a specially designated narcotics trafficker 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 a property interest of a specially designated narcotics trafficker property or interests in property blocked pursuant to § 536.201 is prohibited unless specifically licensed in accordance with § 536.202(e). licensed pursuant to this part.

Note 1 to § 536.506:

Pursuant to part 501, subpart E, of this chapter, 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 certain blocked funds for the payment of professional fees and reimbursement of incurred expenses for the provision of such legal services where alternative funding sources are not available

[86 FR 26665, May 17, 2021]