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 On occasion, OGE will add notes to past guidance documents when that guidance is updated or superseded by law, regulation, or subsequent OGE guidance.
12/16/2008
DO-08-040: Conducting a Second Review of Financial Disclosure Reports for Current Employees Filling Newly-Vacant Positions
When a current employee assumes new responsibilities, even on a temporary basis, ethics officials need to reexamine the employee's financial disclosure report to determine whether potential conflicts of interest may exist with the employee's new duties.
12/08/2008
DO-08-039: A Reminder about Holiday Gifts and Fundraising
OGE provides a brief reminder about the ethics rules regarding holiday gifts and fundraising.
11/06/2008
DO-08-037: Recent Legislative Activity Affecting the Executive Branch Program
Recent legislation affecting the executive branch ethics program includes a loan repayment assistance plan, legislation on conflicts of interest for certain contractor employees, and a revision to the base pay of certain senior officials.
11/06/2008
DO-08-036: 2007 Conflict of Interest Prosecution Survey
2007 Conflict of Interest Prosecution Survey
08/27/2008
DO-08-026: Tips for Public Financial Disclosure Termination
OGE provides tips to ethics officials to facilitate the timely review and certification of the public financial disclosure termination reports (SF 278s) that PAS officials must file.
08/26/2008
DO-08-025: New GAO Report; Documenting Ethics Advice
OGE strongly encourages agency ethics officials to document ethics advice provided to current and former employees. Additionally, ethics officials should establish close working relationships with their respective Inspector General offices.
08/06/2008
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. [The guidance in this advisory was updated in 2013 by
Legal Advisory LA-13-04.]
07/22/2008
DO-08-022: Financial Disclosure Requirements for Pooled Investment Funds
OGE explains what actions a nominee for a full-time Senate-confirmed position (PAS nominee) must take with regard to pooled investment funds in order for the Director of OGE to certify the individual’s financial disclosure report. [The guidance in this advisory was updated in 2014 by
Legal Advisory LA-14-05.]
06/30/2008
DO-08-021: New Policy Regarding Termination Public Financial Disclosure Reports of PAS Officials
Anticipating an increase in the number of termination 278 reports as the Bush Administration ends, OGE requires agencies to notify it of a PAS official’s termination date.
06/25/2008
DO-08-020: Final Post-Employment Rule
OGE issues the final post-government employment rule, to be codified in 5 C.F.R. Part 2641.
04/30/2008
DO-08-019: Review of Financial Disclosure Processes and Procedures
OGE announces it will conduct a review to evaluate agencies’ processes and procedures for collecting, reviewing, and certifying financial disclosure reports, including those filed by nominees for Presidentially-appointed, Senate-confirmed (PAS) positions.
03/28/2008
08x7: Guidance Concerning the Application of 18 U.S.C. § 207(a) and 18 U.S.C. § 207(c)
OGE provides guidance on the application of the post-government employment restrictions at 18 U.S.C. § 207(a) and 18 U.S.C. § 207(c).
03/27/2008
08x6: When Two Particular Matters Involving Specific Parties Should be Viewed as Separate Matters
Guidance on when two matters are separate, for purposes of 18 U.S.C. § 207(a); reconsiders conclusion previously reached in "OGE Informal Advisory Letter 99 x 14(2)".
03/26/2008
DO-08-012: Application of Multiple Presentations Exception to Courses Offered by Non-Appropriated Fund Instrumentalities (NAFIs)
An employee may accept compensation for teaching a course offered by a NAFI because the term "sponsored and funded by the Federal Government" in this exception encompasses courses of instruction offered and funded by NAFIs.
03/26/2008
08x4: Statutory Exception for Representation of Candidates and Specified Political Entities by Former Senior and Very Senior Employees
18 U.S.C. § 207(j)(7) provides an exception to the one-year no-contact ban for former senior employees and the two-year no-contact ban for very senior employees. These categories of employees do not violate the statute if a communication or appearance is on behalf of a candidate or one of the specified political entities.
03/26/2008
08x5: Application of Multiple Presentations Exception to Courses Offered by Non-Appropriated Fund Instrumentalities (NAFIs)
An employee may accept compensation for teaching a course offered by a NAFI because the term "sponsored and funded by the Federal Government" in this exception encompasses courses of instruction offered and funded by NAFIs.
03/26/2008
DO-08-011: Statutory Exception for Representation of Candidates and Specified Political Entities by Former Senior and Very Senior Employees
18 U.S.C. § 207(j)(7) provides an exception to the one-year no-contact ban for former senior employees and the two-year no-contact ban for very senior employees. These categories of employees do not violate the statute if a communication or appearance is on behalf of a candidate or one of the specified political entities.
03/25/2008
DO-08-010: Increased Gifts and Travel Reimbursements Reporting Thresholds (Financial Disclosure and Nonsponsor Widely Attended Gatherings Gift Exception)
OGE issues final rule amendments that revise the financial disclosure regulations to reflect the statutory increase of the thresholds for reporting of gifts, reimbursements and travel expenses. OGE also increases the widely attended gathering gift exception ceiling for nonsponsor gifts of free attendance.
03/12/2008
DO-08-007: Government Accountability Office Report on Contractor Employee Conflicts of Interest
OGE notifies the ethics community of the March 2008 Government Accountability Office report on contractor employee conflicts of interest.
03/06/2008
08x3: Book Deals Involving Government Employees
OGE provides a comprehensive discussion of the laws pertaining to book deals involving Government employees. The rules for regular and special Government employees are covered in one document, and the rules for noncareer employees and Presidential appointees are addressed in a second document.
03/06/2008
DO-08-006: Book Deals Involving Government Employees
OGE provides a comprehensive discussion of the laws pertaining to book deals involving Government employees. The rules for regular and special Government employees are covered in one document, and the rules for noncareer employees and Presidential appointees are addressed in a second document.
02/26/2008
08x2: Political Appointees and Book Deals
OGE summarizes the restrictions on a political appointee who was interested in writing a book not related to his official duties.
01/30/2008
DO-08-003: Disposition of Ethics Program Records Subject to the National Archives and Records Administration's General Records Schedule 25
The provisions of NARA’s rule and the GRS 20 revisions that generally allow the destruction of original paper documents will not apply to public and confidential financial disclosure reports and related ethics agreements. These original documents must be maintained in accordance with the full time periods specified in GRS 25.
01/30/2008
08x1: Response to Motion Picture Association of America Request for Clarification of Exceptions to the Gift Rules under the Standards of Conduct
The Motion Picture Association of America receives a response related to the Widely Attended Gathering exception to the gift rules and a clarification of "prohibited source" at 5 C.F.R. § 2635.204(h) of the Standards of Conduct for Employees of the Executive Branch.
01/25/2008
DO-08-002: Seeking Additional Information from Nominee Filers
Reviewers should seek additional information to clarify the inadequate entries on a financial disclosure report submitted by a Presidential appointee whose position requires Senate confirmation.