Waiver of the Public Reporting Requirement

In unusual cases, the Director of OGE may waive the requirement to include a gift on your public financial disclosure report.  The Director may grant such a waiver after receiving a written request for such a waiver and determining that (1) your relationship to the donor and the donor’s motivation for the gifts are personal and (2) no separate public purpose requires disclosure of the nature, source, and value of the gift.

This authority is ordinarily used when a filer receives a large number of personal gifts, such as at an engagement or wedding.

Elements of a Request

Requests for a waiver are made in writing to OGE but are first routed through your agency’s ethics officeThe request should contain a cover letter and an enclosure.

Provide the following in your cover letter:

  • your name and your position and
  • a request for a waiver under 5 C.F.R. § 2634.304(f).

Provide the following in your enclosure:

  • the identity and occupation of the donor;
  • a statement that the relationship between you and the donor is personal in nature;
  • an explanation of all relevant circumstances surrounding the gift, including whether any donor is a prohibited source, as defined in 5 C.F.R. § 2635.203(d), or represents a prohibited source and whether the gift was given because of your official position; and
  • a brief description of the gift and the value of the gift.

If a gift has more than one donor, provide the necessary information for each donor.

If you cannot make the above described statement, explain why you cannot.  If OGE grants a waiver, your cover letter, but not the enclosure, will be available to the public as an attachment to your financial disclosure report.