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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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.

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.

February 23, 2007

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

This memorandum provides guidance on issues that Designated Agency Ethics Officials should consider when deciding whether to grant a waiver under 18 U.S.C. §§ 208(b)(1) or (b)(3).

February 23, 2007

07x4a: Attachment to 07x4, Waiver Consultations under 18 U.S.C. § 208

This attachment, 07x4a, contains guidance on issues that Designated Agency Ethics Officials should consider when deciding whether to grant a waiver under 18 U.S.C. § 208(b)(1) or (b)(3).

February 23, 2007

DO-07-006: Waivers under 18 U.S.C. §§ 208(b)(1) and (b)(3)

This memorandum provides guidance on issues that Designated Agency Ethics Officials should consider when deciding whether to grant a waiver under 18 U.S.C. §§ 208(b)(1) or (b)(3).

August 9, 2006

06x7: Ethics and Working with Contractors — Questions and Answers

Guidance on variety of ethics issues that commonly arise in procurement context, such as seeking employment, post-employment, financial conflicts of interest, outside employment, gifts and misuse of office.

August 9, 2006

Attachment to DO-06-023: Ethics and Working with Contractors — Questions and Answers

The attachment, DO-06-023A, provides answers to some frequently asked ethics questions about working with Government contractors.

August 9, 2006

DO-06-023: Ethics and Working with Contractors — Questions and Answers

Guidance on variety of ethics issues that commonly arise in procurement context, such as seeking employment, post-employment, financial conflicts of interest, outside employment, gifts and misuse of office.

September 21, 2004

04x14: Justification for Certificates of Divestiture

OGE’s director must determine that divestiture of an asset is “reasonably necessary” to comply with federal conflict of interest rules or is at the request of a Congressional committee as a condition of confirmation.  The Director may not grant a Certificate of Divestiture merely because divestiture of some property may create cost, tax, or diversification issue.

June 1, 2004

04x5: 18 U.S.C. § 208 Recusal Obligations and Screening Arrangements

Recusals are required when an employee is 1) prohibited from participating personally and substantially in a matter by 18 U.S.C. § 208; 2) chooses or is directed not to participate in a matter involving specific parties under 5 C.F.R. § 2635.502; or 3) receives an extraordinary payment from a former employer under 5 C.F.R. § 2635.503.

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