07x4: Waivers under 18 U.S.C. §§ 208(b)(1) and (b)(3)

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07 x 4

Memorandum dated February 23, 2007,
from Robert I. Cusick, Director
to Designated Agency Ethics Officials
Regarding Waivers Under 18 U.S.C. § 208

Attached is a memorandum that provides guidance on issues you should consider when deciding whether to grant a waiver under 18 U.S.C. § 208(b)(1) or (b)(3). Because agencies have a variety of attitudes about issuing conflict of interest waivers, it is not possible to have complete consistency throughout the executive branch in this area. However, we hope this guidance will give you some basic information on waiver practices that the Office of Government Ethics (OGE) finds acceptable.

Also, this memorandum should serve as a reminder that agencies are required by Executive Order 12674 to consult, when practicable, with OGE about proposed waivers. You may call your desk officer or an OGE attorney for this consultation. In addition, please remember to forward to OGE copies of all waivers you issue, as required by the Executive order.