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Sections 201 through 209 of title 18, United States Code, prohibit and provide
criminal penalties for certain acts by Government employees involving conflict-of-interest
situations, including limited exceptions for special Government employees. These
provisions include the following prohibitions:
2202.11(a) Section 203, in general, prohibits a Federal
employee from soliciting, receiving, or agreeing to receive compensation for services
rendered on behalf of another before a Government department or agency in relation to
any particular matter in which the United States is a party or has a direct and
substantial interest.
2202.11(b) Section 205, in general, prohibits a Federal
employee from acting as agent or attorney for prosecuting any claim against the United
States or acting as agent or attorney for anyone before any Federal courts or agencies
in connection with any particular matters in which the United States is a party or has
a direct and substantial interest. It also prohibits him from receiving any gratuity,
or any share of or interest in any claim against the United States in consideration of
assistance in the prosecution of such claim.
..2202.11(c)
2202.11(c) Section 208, in general, prohibits a Government
employee in his official capacity from participating personally and substantially through
decision, approval, disapproval, recommendation, the rendering of advice, or otherwise in
any particular matter in which, to his knowledge, he, his spouse, minor child, partner,
organization in which he is serving as officer, director, trustee, partner, or employee or
any person or organization with whom he is negotiating or has any arrangement concerning
prospective employment has a financial interest. In accordance with the provisions, of
section 208(b)(2), the financial interests described below are hereby exempted from the
prohibition of 18 U.S.C. 208 as being too remote or too inconsequential to affect the
integrity of an employee's services in a matter: The policy holdings in an insurance company
and the stock or bond holdings in a mutual fund, investment company, or bank which owns an
interest in an entity involved in the matter: Provided, that in the case of a mutual fund,
investment company, or bank the fair value of such stock or bond does not exceed 1 percent
of the value of the reported assets of the mutual fund, investment company, or bank. In
addition, the prohibitions of section 208(a) shall not apply if the employee obtains advance
clearance in accordance with the requirements of section 208.
2202.11(d) Section 209, in general, prohibits regular Government
employees from receiving salary or supplementation of salary as compensation for their Government
service from any source other than the United States. The statutory provisions described in this
section are intended to call each employee's attention to problem areas and are not intended as a
comprehensive description or interpretation of statutory prohibitions or the exceptions thereto.
Employees who need guidance concerning the scope and application of the conflict-of-interest laws
and their execution should consult the Chairman.
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