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. On occasion, OGE will add notes to past guidance documents when that guidance is updated or superseded by law, regulation, or subsequent OGE guidance.
12/22/2006
06x13: Outside Activities Related to Official Duties
OGE provides general guidance on ethics provisions related to outside activities for a federal employee who owns a personal business in an area related to his official duties.
12/15/2006
06x12: Filing an Amicus Curiae Brief on Behalf of Affiliate of Labor Organization
Government employees are generally prohibited from acting as agent or attorney for anyone before a Federal court in connection with any covered matter in which the U.S. is a party or has a direct and substantial interest. 18 U.S.C. § 205(i) provides an exception for representing a "labor organization" under certain conditions.
12/12/2006
06x11: Benefits Secured by Government Contract and Gift Prohibition
If an employing agency determines that a private corporation's Employee Purchase Program is a benefit secured by a Government contract, the benefit is provided to the employee by the Government. Accepting the benefit does not the gift prohibition. The employing agency must determine whether the benefit is secured by a Government contract.
12/12/2006
DO-06-036: Revised Confidential Financial Disclosure Regulation and OGE Form 450
OGE summarizes the changes to the confidential financial disclosure regulation. The new regulation will go into effect on January 1, 2007.
12/05/2006
DO-06-035: A Reminder about Holiday Gifts and Fundraising
OGE provides a brief reminder about the ethics rules regarding holiday gifts and fundraising.
11/07/2006
DO-06-034: Amended Memorandum on Provisions Regarding Soliciting Gifts of Travel
This memorandum amends DO-06-008 to correct citation errors and to discuss only the issue of soliciting gifts of travel.
10/19/2006
DO-06-031: Intergovernmental Personnel Act (IPA) Summary
OGE outlines the ethics issues that can arise in connection with IPA assignments.
10/19/2006
06x10: Intergovernmental Personnel Act (IPA) Summary
OGE outlines the ethics issues that can arise in connection with IPA assignments.
10/11/2006
DO-06-030: Procedures for Requesting a Certificate of Divestiture
OGE outlines the information that an agency must include in a request for a certificate of divestiture.
10/04/2006
06x9: "Particular Matter Involving Specific Parties," "Particular Matter," and "Matter"
OGE discusses the meaning of and the distinctions among the terms "particular matter involving specific parties," "particular matter," and "matter" as used in the criminal conflict of interest statutes and regulations.
10/04/2006
DO-06-029: "Particular Matter Involving Specific Parties," "Particular Matter," and "Matter"
OGE discusses the meaning of and the distinctions among the terms "particular matter involving specific parties," "particular matter," and "matter" as used in the criminal conflict of interest statutes and regulations.
08/23/2006
06x8: Particular Matters for Purposes of 18 U.S.C. § 208
Preliminary, informal discussions about possible changes to industry-specific standards are particular matters for purposes of 18 U.S.C. § 208.
08/10/2006
DO-06-024: Publication of Final Rule to Clarify the Status of IPA Detailees
The final rule clarifies that detailees to an agency from a State or local government or other organization, under the Intergovernmental Personnel Act (IPA), 5 U.S.C. § 3374, are covered by the Standards.
08/09/2006
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. [The guidance in Question 3 of this DAEOgram has been modified. Specifically, employees who file public financial disclosure reports are now subject to notification requirements under the STOCK Act, Pub. L. No. 112-105, § 17(a), 126 Stat. 291, 303 (2012), as implemented by
5 C.F.R. § 2635.607.]
08/09/2006
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. [The guidance in Question 3 of this Informal Advisory Opinion has been modified. Specifically, employees who file public financial disclosure reports are now subject to notification requirements under the STOCK Act, Pub. L. No. 112-105, § 17(a), 126 Stat. 291, 303 (2012), as implemented by
5 C.F.R. § 2635.607.]
07/26/2006
DO-06-022: 2005 Conflict of Interest Prosecution Survey
2005 Conflict of Interest Prosecution Survey
06/14/2006
06x6: Supervisor's Use of Subordinate to Complete Financial Disclosure Report
OGE believes a Government employee should be allowed to use reasonable periods of official time to complete a financial disclosure report because completion of the report is a requirement of the Government position. For the same reason, assigning a subordinate to complete the report is not an improper use of Government position or resources.
05/11/2006
DO-06-015: Publication of Proposed Rule to Clarify the Status of IPA Detailees
The proposed rule would clarify that detailees to an agency from a State or local government or other organization, under the Intergovernmental Personnel Act (IPA), 5 U.S.C. § 3374, are covered by the Standards.
05/09/2006
DO-06-014: Court of Appeals Upholds OGE Rule on Teaching, Speaking, and Writing
The Federal 10th Circuit upholds the validity of 5 C.F.R. § 2635.807(a) against a first amendment challenge by an administrative law judge (ALJ) of the Social Security Administration (SSA).
04/07/2006
DO-06-011: Scope of Public Financial Disclosure Reporting Exception for Compensation from an Individual with Whom the Filer is in a Privileged Relationship
The exception to the requirement that nominees and new entrants report the names of their major clients on Schedule D, Part II of the SF 278 applies in a narrow set of circumstances.
03/31/2006
DO-06-008: Reminder on the Rules Regarding Gifts of Travel
OGE addresses questions that have been raised about the propriety of executive branch employees soliciting free air travel. [Note: The guidance in this memorandum was amended by
DAEOgram DO-06-034.]
03/30/2006
06x4: Responsibility of Agency Ethics Officials to Report Ethics Violations
OGE explains that Agency Ethics Officials have a duty to report possible violations of the ethics rules to the appropriate authorities, including OGE, and do not have a duty to protect employee; lack of knowledge of the ethics rules is not a defense; and an employee is responsible for remembering his ethical obligations or seeking ethics advice.
03/30/2006
06x5: Denial of Request for Ad Hoc Exemption from One-Year Cooling-Off Period in 18 U.S.C. § 207(c)
OGE discusses the extent of its authority to waive the application of the one-year cooling-off period to a particular position or category of positions. OGE denied the request for a waiver to permit former senior employees to make representational contacts with current employees of their former agencies who happen to be on detail to another agency.
03/21/2006
06x3: Employee Acceptance of Testamentary Gift from Prohibited Source
An employee may only accept the testamentary gifts from a prohibited source if the gift falls within one of the gift acceptance exceptions. Included are factors to consider if relying on the personal relationship exception.
03/17/2006
DO-06-007: Proposed New OGE Form 450 Confidential Financial Disclosure Report
OGE has published a first-round paperwork notice requesting comments on a new proposed OGE Form 450, Executive Branch Confidential Financial Disclosure Report form.
03/13/2006
06x2: Advice to Former Employee on 18 U.S.C. § 207 and Procurement Integrity Act
OGE provides advice to a former employee on 18 U.S.C. § 207, including guidance on a "particular matter involving specific parties," and the post-employment restrictions under the Procurement Integrity Act in 41 U.S.C. § 423.
02/17/2006
DO-06-004: Review and Clearance of Nominee Forms
OGE will continue the system of “pre-clearing” nominee financial disclosure forms. The goal of this system is to ensure that all technical and substantive issues are resolved prior to nomination, so that no impediments to confirmation arise at the last minute.
01/19/2006
DO-06-002: Office of Legal Counsel Opinion on 18 U.S.C. § 208
OGE summarizes Office of Legal Counsel Opinion about whether a nonprofit organization has a financial interest in a particular matter on which it spends funds to advocate its policy position, solely by virtue of such expenditures. [Note: This DAEOgram modified OGE Informal Advisory Letter 97 x 2.]
01/19/2006
06x1: Office of Legal Counsel Opinion on 18 U.S.C. § 208
OGE summarizes Office of Legal Counsel Opinion about whether a nonprofit organization has a financial interest in a particular matter on which it spends funds to advocate its policy position, solely by virtue of such expenditures. [Note: This informal advisory letter modified OGE Informal Advisory Letter 97 x 2.]