(a) Professional fees and incurred expenses.
(1) Receipt of payment of professional fees and reimbursement of incurred expenses for the provision of legal services authorized pursuant to § 528.506(a) to or on behalf of any person whose property and interests in property are blocked pursuant to § 528.201 is authorized from funds originating outside the United States, provided that the funds do not originate from:
- (i) A source within the United States;
- (ii) Any source, wherever located, within the possession or control of a U.S. person; or
- (iii) Any individual or entity, other than the person on whose behalf the legal services authorized pursuant to § 528.506(a) are to be provided, whose property and interests in property are blocked pursuant to any part of this chapter or any Executive order or statute.
- (2) Nothing in this paragraph (a) authorizes payments for legal services using funds in which any other person whose property and interests in property are blocked pursuant to § 528.201, any other part of this chapter, or any Executive order or statute has an interest.
(b) Records. Consistent with § 501.601 of this chapter, U.S. persons who receive payments pursuant to paragraph (a) of this section must retain for ten years from the date of the relevant payment a record that specifies the following for each payment:
- (1) The individual or entity from whom the funds originated and the amount of funds received; and
(2) If applicable:
- (i) The names of any individuals or entities providing related services to the U.S. person receiving payment in connection with authorized legal services, such as private investigators or expert witnesses;
- (ii) A general description of the services provided; and
- (iii) The amount of funds paid in connection with such services.
- (3) These records must be furnished to OFAC on demand consistent with § 501.602 of this chapter.