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.

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June 30, 2015

LA-15-09: Diversified and Sector Real Estate Funds (Exemption under 5 C.F.R. § 2640.201)

The U.S. Office of Government Ethics (OGE) has issued a Legal Advisory on the application of the diversified mutual fund exemption to certain real estate funds under 5 C.F.R. § 2640.201(a).

May 5, 2015

LA-15-06: Employee Benefit Plans Through Which Employees Hold Diversified Pooled Investment Funds and Employee Benefit Plans Established or Maintained Outside of the United States

This Legal Advisory explains when the employee benefit plan exemption at 5 C.F.R. § 2640.201(c)(1)(iii) is applicable to (1) employee benefit plans through which employees hold diversified pooled investment funds, and (2) employee benefit plans that are established or maintained outside of the United States.

November 4, 2014

LA-14-06: Flexibility in Ensuring and Documenting Compliance with Ethics Agreements

This legal advisory explains and expands the options available to ethics officials for ensuring and documenting compliance with PAS officials' ethics agreements. It also clarifies the discretion ethics officials have in determining when screening arrangements are necessary to implement recusal commitments, and what form such arrangements can take.

September 30, 2014

LA-14-05: Financial Disclosure Requirements for Pooled Investment Funds

This Legal Advisory explains what Presidential Nominees, subject to Senate confirmation, must report on the OGE 278 when they own certain Pooled Investment Funds that do not qualify as excepted investment funds.

August 19, 2013

LA-13-10: Effect of the Supreme Court's Decision in United States v. Windsor on the Executive Branch Ethics Program

This Legal Advisory provides guidance on the effect of United States v. Windsor on the federal ethics provisions that use the terms “spouse,” “marriage,” and “relative.”

April 9, 2013

LA-13-05: 18 U.S.C. § 208(b)(2) Exemption for Official Participation in Nonprofit Organizations

This Legal Advisory discusses the history and scope of the exemption for official participation in nonprofit organizations found at 5 C.F.R. § 2640.203(m). The Legal Advisory also highlights important considerations for agency officials who intend to assign employees to serve in an official capacity at a nonprofit organization.

March 18, 2013

LA-13-02: Reminder that ethics laws and regulations continue to apply to Federal Government employees during furlough periods

This legal advisory is a reminder that ethics laws and regulations continue to apply to Federal Government employees during furlough periods.

December 6, 2012

LA-12-07: Continuing Waiver Validity for Transferred Employees

This Legal Advisory clarifies that an individual waiver issued pursuant to 18 U.S.C. § 208(b)(1) to an employee who has transferred from one agency to another will remain effective until the receiving agency makes a determination to either cancel the waiver or issue a new waiver.

April 6, 2012

LA-12-01: Post-Employment Negotiation and Recusal Requirements under the STOCK Act

This Legal Advisory explains STOCK Act provisions requiring certain employees to: (1) Notify their DAEOs of any negotiation or agreement for future employment or compensation within three business days after commencement of the negotiation or agreement; and (2) Recuse whenever there is a conflict of interest or appearance issue with the entity. [Updated notification/recusal format is available in the attachment to LA-13-06.]

April 22, 2010

DO-10-005: Guidance on Waivers under 18 U.S.C. § 208(b), Authorizations under Agency Supplemental Regulations

Waivers under 18 U.S.C. § 208(b) and agency supplemental regulations and authorizations under 5 C.F.R. § 2635.502(d) must be issued prospectively in order to be valid.

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