Conflicting Financial Interests
Executive branch employees are prohibited from participating in any matter that will affect certain financial interests including:
- the employee
- the employee’s spouse or minor child
- the employee’s general partner
- an organization in which the employee serves as an officer, director, trustee, general partner or employee, and
- anyone with whom the employee is negotiating for or has an arrangement concerning prospective employment.
Potential Conflicts of Interest
Employees cannot participate in any matter that would pose a conflict of interest or “recusal”. Options available to avoid recusal include:
- Obtaining a waiver from the agency
- Selling off or “divesting” the conflicting interest
- Resigning from the conflicting position.
Agencies may, by supplemental regulation, prohibit or restrict the holding of certain financial interests by all agency employees or a group of employees, and extend such restrictions to the employee’s spouse and minor children.
Reference: 18 U.S.C. § 208; 5 C.F.R. § § 2635.401-403.