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OGE | RIN: 3209-AA09 | Publication ID: Fall 2016 |
Title: Interpretation, Exemptions, and Waiver Guidance Concerning Acts Affecting a Personal Financial Interest | |
Abstract: This regulation interprets section 208(a) of title 18 U.S.C., which prohibits officers and employees of the executive branch from officially participating personally and substantially in a particular matter in which there is a personal financial interest or a financial interest of a related person or organization (absent a waiver or exemption under 18 U.S.C. 208(b)). It also lists and describes interests considered too remote or too inconsequential to affect the integrity of the services of executive branch officers or employees, in accordance with 18 U.S.C. 208(b)(2). Such interests are exempt from the restrictions of 18 U.S.C. 208(a), generally requiring disqualification. The regulation also provides guidance to executive branch agencies as to the kinds of interests that are not so substantial as to be deemed likely to affect the integrity of the services the Government may expect from an employee and which, therefore, may be waived from the general rule of disqualification under 18 U.S.C. 208(a), pursuant to 18 U.S.C. 208(b)(1). In addition, guidance is provided concerning the issuance of waivers to special Government employee advisory committee members, pursuant to 18 U.S.C. 208(b)(3). A separate interim final rule, published in 1995 exempting certain financial interests arising from Federal Government executive branch employment as well as from Social Security or veterans' benefits from the general prohibition in section 208(a), was incorporated in the overall final rule. Additional exemptions are considered for development from time to time as appropriate. | |
Agency: Office of Government Ethics(OGE) | Priority: Other Significant |
RIN Status: Previously published in the Unified Agenda | Agenda Stage of Rulemaking: Final Rule Stage |
Major: No | Unfunded Mandates: No |
CFR Citation: 5 CFR 2640 | |
Legal Authority: 5 U.S.C. app Ethics in Government Act of 1978 E.O. 12674 E.O. 12731 18 U.S.C. 208 |
Legal Deadline:
None |
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Timetable:
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Regulatory Flexibility Analysis Required: No | Government Levels Affected: Federal |
Federalism: No | |
Included in the Regulatory Plan: No | |
RIN Data Printed in the FR: No | |
Agency Contact: Seth Jaffe Chief, Ethics Law and Policy Branch Office of Government Ethics Suite 500, 1201 New York Avenue NW, Washington, DC 20005-3917 Phone:202 482-9303 TDD Phone:800 877-8339 Fax:202 482-9237 Email: sjaffe@oge.gov |