12/09/2003

18 U.S.C. § 207(a)(1) does not bar a communication or appearance concerning a contract if it has substantially changed.  For example, a contract may no longer be the same contract if there are different terms, there is different confidential information involved, and a significant period of time has passed.

11/26/2003

18 U.S.C. § 207(c) bars a communication to or appearance before an employee of the former senior employee’s agency (or an employee detailed to that agency), regardless of the forum.  An employee is not necessarily insulated from an attempt to influence merely because the employee is characterized as an observer.

11/20/2003

18 U.S.C. § 207 does not cover an individual who interacts with the Government solely on his own behalf, but it may affect an individual who has formed a corporation or partnership if the individual represents the corporation or partnership.

11/20/2003

A special Government employee (SGE) is always prohibited from representing others in connection with particular matters involving specific parties in which the SGE has participated personally and substantially.  The 60-day standard is a threshold for the stricter prohibition in relation to matters pending at the SGE’s agency.

10/31/2003

2002 Conflict of Interest Prosecution Survey

10/23/2003

This memorandum explains the financial disclosure filing criteria for SGEs and uses scenarios to further illustrate how the criteria should be implemented.

09/16/2003

OGE issues a revised OGE Form 201. This memorandum summarizes the changes to the form.

08/28/2003

Performance of a support services contract could involve the intent to influence for purposes of 18 U.S.C. § 207(a)(1).  The restriction can be violated by an employee’s mere appearance without speaking.

08/25/2003

OGE updated the OGE/GOVT-1 system of records (covering SF 278 Public Financial Disclosure Reports and other name-retrieved ethics program records) to include three new routine uses of the SF 278 (August 2003). OGE also notified agencies of adjustments to the gifts/travel reimbursements reporting thresholds.

08/04/2003

A special Government employee (SGE) serving on an advisory committee is subject to many of the Federal ethics laws and regulations, but a “representative” member of a committee is not.  Some provisions apply differently to SGEs than to “regular” employees or do not apply at all.

06/30/2003

This memorandum briefly summarizes some significant features of the revised OMB Circular A-76; explains that DAEO and Alternate DAEO functions are inherently Governmental and must be performed by Government employees; and identifies some common ethics official activities that are inherently Governmental.

06/30/2003

This memorandum briefly summarizes some significant features of the revised OMB Circular A-76; explains that DAEO and Alternate DAEO functions are inherently Governmental and must be performed by Government employees; and identifies some common ethics official activities that are inherently Governmental.

05/07/2003

OGE summarizes the restrictions in 18 U.S.C. § 207(a)(1), 18 U.S.C. § 207(a)(2), and 18 U.S.C. § 207(c) and the procurement integrity restrictions in 41 U.S.C. § 423.  Allegations of misconduct ordinarily are investigated by the Inspector General of an individual’s former agency.

04/11/2003

The term “diversified” is defined in 5 C.F.R. § 2640.102(a) for purposes of the exemption at 5 C.F.R. § 2640.201(a).  An open-end mutual fund is “diversified” for purposes of the certificate of divestiture regulation and qualifies as "permitted property" if it does not have an objective or practice of investing in particular or limited sectors.

02/19/2003

OGE publishes a proposed rule (February 2003) providing interpretive guidance concerning 18 U.S.C. § 207. This memorandum discusses the history of the statute and the structure of the proposed rule.

01/02/2003

A particular corporation, owned by a foreign government, is not a “government of a foreign country” under 18 U.S.C. § 207(f)(3) because it does not exercise the functions of a sovereign.