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United States Office of Government Ethics, Preventing Conflicts of Interest in the Executive Branch

Legal Advisories

The Legal Advisories page contains the DAEOgrams on substantive ethics issues published by OGE from 1992 to 2010, the Advisory Opinions published by OGE from 1979 to 2010, and the Legal Advisories, which OGE began publishing in 2011. On occasion, OGE will add notes to past guidance documents when that guidance is updated or superseded by law, regulation, or subsequent OGE guidance.

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05x8: Employees' Participation in Paid Surveyspdf
18 U.S.C. § 209 does not bar most employees from being paid for participating during non-duty hours in a survey related to insurance offered to federal employees.  However, employees must comply with their agency supplemental regulation regarding outside activities because being paid for the survey participation is considered part-time employment.


DO-05-019: Documenting Ethics Advicepdf
OGE sets out basic factors that agency ethics officials should consider in making a determination about whether verbal ethics advice should be documented, and what such documentation should include.


05x7: Issues Pertaining to Covered Noncareer Employeepdf
Provides guidance on various restrictions on covered noncareer employee pursuant to Title V of Ethics in Government Act and 5 C.F.R. part 2636; also guidance with respect to determining status as special government employee


05x6: Discussion of Certain Post-Government Employment Restrictionspdf
OGE provides guidance for determining when a particular matter involving specific parties comes into existence for purposes of the post-government employment restrictions at 18 U.S.C. § 207(a) in situations involving multi-year, multi-phase, multi-contract Government procurement programs. Usually, specific parties are first identified when initial proposals or indications of interest are received by the Government.


DO-05-014: 2004 Conflict of Interest Prosecution Surveypdf
2004 Conflict of Interest Prosecution Survey


05x5: Exclusion of Contest Prizes from Gift Definitionpdf
Employee was prohibited from keeping a prize won at a national association conference because all attendees paid to attend the conference and thus the random drawing was not "open to the public" as used in the gift exclusion at 5 C.F.R. § 2635.203(b)(5).


05x4: Federal Advisory Committee Appointmentspdf
OGE provides guidance to ethics officials about distinguishing between special Government employees and representatives serving on Federal advisory committees.


DO-05-012: Federal Advisory Committee Appointmentspdf
OGE provides guidance to ethics officials about distinguishing between special Government employees and representatives serving on Federal advisory committees.


05x3: Post-Government Employment Restrictions Applied to a Former Senior Employee Now Employed by a Government Contractorpdf
OGE discusses applicability of 18 U.S.C. § 207 to a former senior employee.  OGE discusses 18 U.S.C. § 207(c), "intent to influence," and the special knowledge exception in 18 U.S.C. § 207(j)(4).


05x2(2): Definitions of Covered Noncareer Employeepdf
OGE discusses definitions of "covered noncareer employee" under 5 C.F.R. § 2636.303(a)(4) and 5 C.F.R. § 2636.303(a)(3), as well as Schedule C appointment criteria.


DO-05-007: Increased Gifts and Travel Reimbursements Reporting Thresholds for Financial Disclosure Reportspdf
OGE issues final rule amendments (March 2005) that revise the financial disclosure regulations to reflect the statutory increase of the thresholds for reporting of gifts, reimbursements and travel expenses.


05x1: 18 U.S.C. § 208 and Development of Policy Optionspdf
The proposed work of a Government panel addressing policy options for tax reform does not constitute a particular matter for purposes of 18 U.S.C. § 208.


05x2(1): Applicability of 18 U.S.C. § 205 to Employee's Filing of Registration Statement for Outside Organizationpdf
An employee who serves as an unpaid board director/trustee for an outside organization did not provide representational services under 18 U.S.C. § 205 by signing a registration statement on behalf of the organization.