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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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.

January 28, 2010

DO-10-002: Federal Travel Benefits and 18 U.S.C. § 208

This memorandum highlights 5 C.F.R. § 2640.203(d), which authorizes an employee to participate in official travel matters, with certain limits, notwithstanding the financial interest that may arise from an agency's provision of travel benefits and cost reimbursement to the employee.

August 6, 2008

DO-08-024: Discretionary Trusts

OGE provides guidance concerning the treatment of income beneficiaries of discretionary trusts, for purposes of the disqualification requirements of 18 U.S.C. § 208 as well as the financial disclosure requirements of section 102(f)(1) of the Ethics in Government Act, 5 U.S.C. app. [modified by Legal Advisory LA-13-04]

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