United States Office of Government Ethics, Preventing Conflicts of Interest in the Executive Branch

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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Search Advisories

Citation

Year

12/13/2007

07x15: Elements of Basic Pay for Purposes of Senior Employee Determinationspdf
Locality pay is excluded from an employee's rate of basic pay for purposes of determining whether an employee is a senior employee under the criminal post-employment statute 18 U.S.C. § 207(c).

12/05/2007

DO-07-047: Widely Attended Gatheringspdf
This comprehensive memorandum provides guidance on what types of events are covered by the widely attended gathering exception to the gift prohibitions in the Standards of Conduct.

12/05/2007

07x14: Widely Attended Gatheringspdf
This comprehensive memorandum provides guidance on what types of events are covered by the widely attended gathering exception to the gift prohibitions in the Standards of Conduct.

09/25/2007

DO-07-035: Suggested Format for Requesting a Certificate of Divestiturepdf
OGE has prepared a format for ethics officials to use in requesting Certificates of Divestiture for their employees. Use of the format is optional.

08/27/2007

DO-07-030: 2006 Conflict of Interest Prosecution Surveypdf
2006 Conflict of Interest Prosecution Survey

08/20/2007

07x13: Determining the Public Financial Disclosure Requirements for Non-Standard Pay Systemspdf
Agencies with alternative pay systems should continue to designate executive-level employees as public filers if the lowest pay for their grade or range is equal to or greater than 120 percent of the minimum rate of basic pay payable for a GS-15. Seeking an equal classification is an option for other employees.

08/20/2007

DO-07-029: Determining the Public Financial Disclosure Requirements for Non-Standard Pay Systemspdf
Agencies with alternative pay systems should continue to designate executive-level employees as public filers if the lowest pay for their grade or range is equal to or greater than 120 percent of the minimum rate of basic pay payable for a GS-15. Seeking an equal classification is an option for other employees.

08/14/2007

DO-07-026: Summary of the Provisions of the "Honest Leadership and Open Government Act" (S.1) that Affect the Executive Branch Ethics Programpdf
The bill extends the cooling off period for very senior executive branch employees from one year to two and adds a criminal penalty for knowing and willful falsification or failure to report required information on a financial disclosure form.

08/06/2007

DO-07-024: Opinion of Office of Legal Counsel on the Emoluments Clause and Service Advisory Boardspdf
Where members of an advisory board are given access to classified information solely to help them perform their advisory function, this access alone does not constitute a delegation of Governmental, sovereign authority that would result in their advisory board service falling under the restrictions of the Emoluments Clause.

08/03/2007

07x12: Training Services and the Intent to Influence under 18 U.S.C. § 207(c)pdf
OGE discusses whether communication and appearances made during the performance of a training contract by a former senior official subject to 18 U.S.C. § 207(c) may involve the intent to influence on behalf of the contractor.

08/01/2007

DO-07-023: Misuse of Federal Position to Help Another Person Get a Jobpdf
This memorandum outlines several factors that an executive branch employee should consider in deciding when it is appropriate to assist an associate, either another Government employee or a private party, in efforts to obtain private sector employment.

08/01/2007

07x11: Misuse of Federal Position to Help Another Person Get a Jobpdf
This memorandum outlines several factors that an executive branch employee should consider in deciding when it is appropriate to assist an associate, either another Government employee or a private party, in efforts to obtain private sector employment.

07/31/2007

07x10: Component Designationspdf
OGE responds to whether certain positions in an executive branch agency may rely on component designations for purposes of the post-government employment "cooling off" period at 18 U.S.C. § 207.

07/19/2007

DO-07-022: Presidential Recess Appointees — Modification of OGE Processpdf
OGE will perform the final review and certification of recess appointees’ annual and termination public financial disclosure reports and will also track compliance with recess appointees’ ethics agreements.

07/12/2007

DO-07-019: Expert Witness Outlinepdf
OGE prepares an outline of cases and issues pertaining to expert witnesses and the relevant ethical restrictions.

06/28/2007

07x8: Executive Branch Employee Acceptance of Reimbursement of Travel Expenses and Training from an Outside Sourcepdf
OGE provides general guidance on acceptance of reimbursement of travel expenses and training by executive branch employees provided by a non-profit speakers bureau.

06/28/2007

07x9: Do Ethics Laws and Regulations Apply to Personal Service Contractors?pdf
OGE provides a general overview of the issues related to determining whether a personal service contractor is an executive branch employee subject to the Standards of Conduct.

05/17/2007

DO-07-015: Immigration Support Letters and 18 U.S.C. § 205pdf
Generally, a Federal employee who writes an immigration support letter and submits the letter to an arm of the Federal Government would not normally be ""act[ing]as agent or attorney"" for another within the meaning of 18 U.S.C. § 205.

05/17/2007

07x7: Immigration Support Letters and 18 U.S.C. § 205pdf
Generally, a Federal employee who writes an immigration support letter and submits the letter to an arm of the Federal Government would not normally be ""act[ing]as agent or attorney"" for another within the meaning of 18 U.S.C. § 205.

05/16/2007

DO-07-014: Guidance on Electronic Filing of Public and Confidential Financial Disclosure Reportspdf
Although each agency may undertake the development of its own electronic filing process to use with either the public (SF 278) or confidential (OGE Form 450) reporting system, each agency must follow some basic guidelines.

05/04/2007

DO-07-013: Agency Supplemental Regulationspdf
OGE requests that agencies review their supplemental regulations to determine if any new or additional restrictions on prohibited holdings need to be added.

03/09/2007

07x6: Acceptance of Cash Award from Program Administered by Non-Federal Entitypdf
OGE provides guidance on whether receipt of cash awards by Government employees under an awards program administered by a non-federal entity is permissible under the gift rules.

02/28/2007

DO-07-007: Clarification of Scope of Exception and Exclusion to Public Financial Disclosure Reporting Requirementspdf
Travel reimbursements that are required to be reported to the Federal Election Commission (FEC) because they are for a Federal campaign or election are not required to be reported on public and confidential financial disclosure reports.

02/28/2007

07x5: Clarification of Scope of Exception and Exclusion to Public Financial Disclosure Reporting Requirementspdf
Travel reimbursements that are required to be reported to the Federal Election Commission (FEC) because they are for a Federal campaign or election are not required to be reported on public and confidential financial disclosure reports.

02/23/2007

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

02/23/2007

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

02/22/2007

DO-07-005: Opinion of Office of Legal Counsel on SGE Day-Countingpdf
The Office of Legal Counsel, Department of Justice, issued an opinion reaffirming the longstanding executive branch interpretation that service by a special Government employee for part of any day counts as service for a full day, for purposes of relevant limits on the number of days of service under the conflict of interest laws.

02/22/2007

07x3: Opinion of Office of Legal Counsel on SGE Day-Countingpdf
The Office of Legal Counsel, Department of Justice, issued an opinion reaffirming the longstanding executive branch interpretation that service by a special Government employee for part of any day counts as service for a full day, for purposes of relevant limits on the number of days of service under the conflict of interest laws.

02/09/2007

DO-07-003: Valuation of Gifts of Admission to an Event in a Skybox or Private Suitepdf
The value of a gift of attendance in a skybox or private suite is determined by adding the market value of the most expensive publicly available ticket to the event to the market value of the food, parking and other tangible benefits provided in connection with the gift of attendance.

02/09/2007

07x2: Valuation of Gifts of Admission to an Event in a Skybox or Private Suitepdf
The value of a gift of attendance in a skybox or private suite is determined by adding the market value of the most expensive publicly available ticket to the event to the market value of the food, parking and other tangible benefits provided in connection with the gift of attendance.

01/19/2007

DO-07-002: Counting Days of Service for Special Government Employeespdf
OGE clarifies the conditions under which an agency need not count a day of service solely on the basis of certain activities by special Government employees.

01/19/2007

07x1: Counting Days of Service for Special Government Employeespdf
OGE clarifies the conditions under which an agency need not count a day of service solely on the basis of certain activities by special Government employees.