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

OGE Regulations

OGE publishes its own chapter of regulations each year in the Code of Federal Regulations, in 5 C.F.R. Chapter XVI. Chapter XVI is divided into two subchapters.

  • The regulations in subchapter A (parts 2600 – 2610) concern the internal organization and operation of OGE.
  • The regulations in subchapter B (parts 2634 – 2641) are broader in scope and are central to the executive branch ethics program. In particular, the OGE regulation at 5 C.F.R. part 2635 contains standards that govern the conduct of all executive branch employees. The other regulations in Subchapter B contain guidance concerning the interpretation of certain civil and criminal conflict of interest laws, implement statutory provisions relating to financial disclosure, and describe responsibilities relating to the administration of the executive branch ethics program.
Except as otherwise indicated, all links below are to the Electronic Code of Federal Regulations (e-CFR). The e-CFR is updated daily. The official version of the Code of Federal Regulations is available in the Federal Digital System (FDsys).

5 C.F.R. Part 2600: Organization and functions of the Office of Government Ethics.
Part 2600 summarizes the history and mission of OGE and describes OGE’s organization and the functions of each of its five offices.

5 C.F.R. Part 2601: Implementation of Office of Government Ethics statutory gift acceptance authority.
Part 2601 establishes guidelines for OGE relating to the use of its statutory authority to accept gifts and outlines accounting procedures.

5 C.F.R. Part 2604: Freedom of Information Act rules and schedule of fees for the production of public financial disclosure reports.
Part 2604 explains how a person may obtain records from OGE under the Freedom of Information Act and provides information on how and when fees are charged.

5 C.F.R. Part 2606: Privacy Act rules
Part 2606 explains how, under the Privacy Act, a person may access records contained in OGE’s executive branch Government-wide and internal systems of records.

5 C.F.R. Part 2608: Testimony by OGE employees relating to official information and production of official records in legal proceedings
Part 2608 explains how a person may request that an OGE employee produce official records and information, or provide testimony, in connection with a legal proceeding in which OGE is not a party.

5 C.F.R. Part 2610: Implementation of the Equal Access to Justice Act
Part 2610 describes policies and procedures relating to the award by of attorneys fees and other expenses under the Equal Access to Justice Act.

5 C.F.R. Part 2611: Guidance Documents Issued by the Office of Government Ethics
Part 2611 governs the issuance of guidance documents and significant guidance documents by OGE, which are issued after August 20, 2020. This part implements Executive Order 13891, “Promoting the Rule of Law through Improved Agency Guidance Documents,” and guidance of the Office of Management and Budget.

5 C.F.R. Part 2634: Executive Branch Financial Disclosure, Qualified Trusts, and Certificates of Divestiture
Part 2634 describes the procedures and requirements in the executive branch concerning the public and confidential financial disclosure systems authorized by the Ethics in Government Act, the certification and use of qualified trusts, and the issuance of certificates of divestiture.

5 C.F.R. Part 2635: Standards of ethical conduct for employees of the executive branch
Part 2635 contains standards that govern the conduct of all executive branch employees in several areas:  gifts from outside sources; gifts between employees, conflicting financial interests; impartiality in performing official duties; seeking other employment; misuse of position; and outside activities.

5 C.F.R. Part 2636: Limitations on Outside Earned Income, Employment and Affiliations for Certain Noncareer Employees
5 C.F.R. part 2636 interprets and implements the 15 percent outside earned income limitation at 5 U.S.C. app. 4 § 501(a) and the limitations at 5 U.S.C. app. 4 § 502 on outside employment and affiliations, which are applicable to certain noncareer employees.

5 C.F.R. Part 2638: Executive Branch Ethics Program
Part 2638 defines the mission of the executive branch ethics program and establishes certain procedures. It also describes the responsibilities of OGE, agency heads, agency ethics officials, and others in relation to the executive branch ethics program. Further, it specifies the requirements for agencies’ ethics education programs.

5 C.F.R. Part 2640: Interpretation, Exemptions, Waiver Guidance Concerning 18 U.S.C. 208 (Acts Affecting a Personal Financial Interest)
5 C.F.R. part 2640 interprets and implements 18 U.S.C. § 208, a statute that requires an executive branch employee to be disqualified (“recused”) from a “particular matter” if the matter would have a direct and predictable effect on the employee’s own financial interests or on certain financial interests that are “imputed” to the employee by the statute, unless the employee first obtains an individual waiver or a regulatory exemption applies.

5 C.F.R. Part 2641: Post-Employment Conflict of Interest Restrictions
5 C.F.R. Part 2641 interprets and implements 18 U.S.C. § 207, a statute that sets out seven substantive prohibitions restricting the activities of individuals who leave Government service or who leave high-level positions in the executive branch.