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 On occasion, OGE will add notes to past guidance documents when that guidance is updated or superseded by law, regulation, or subsequent OGE guidance.
12/09/2003
03x10: 18 U.S.C. § 207 and Same Particular Matter
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
03x9: 18 U.S.C. § 207(c) and Communications to Employees of Former Agency
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
03x7: 60-Day Thresholds for SGEs
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.
11/20/2003
03x8: 18 U.S.C. § 207 and Activities on Behalf of Any Other Person
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.
10/31/2003
DO-03-022: 2002 Conflict of Interest Prosecution Survey
2002 Conflict of Interest Prosecution Survey
10/23/2003
DO-03-021: Financial Disclosure Reporting Requirements for Special Government Employees (SGEs)
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
DO-03-016: 2002 Edition of the OGE Form 201 (Request to Inspect or Receive Copies of SF 278 or Other Covered Records)
OGE issues a revised OGE Form 201. This memorandum summarizes the changes to the form.
08/28/2003
03x6: 18 U.S.C. § 207 and Intent to Influence
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
DO-03-015: Unmodified SF 278 Executive Branch Personnel Public Financial Disclosure Report
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
03x5: Appointment to Advisory Committee as “Representative” versus SGE
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
03x4: Inherently Governmental and Commercial Ethics Official Activities
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
DO-03-011: Inherently Governmental and Commercial Ethics Official Activities
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
03x3: Summary of Certain Post-Government Employment Restrictions
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
03x2: Meaning of "Diversified" for Purposes of Exemption and Certificates of Divestiture
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
DO-03-003: Proposed Post-Employment Rule
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
03x1: 18 U.S.C. § 207(f) and Foreign Entity
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.