Managing Conflict of Interest - Organisation for Economic Co ...

Implementation and Enforcement Tools 123representative of a private party before the federal Government,whether or not compensation is paid.The statute differs from Section 203 in that the latter focuses onthe taking or offering of compensation for representational services;Section 205 focuses on certain types of representation, with or withoutcompensation. See United States v. Myers, 692 F.2d 823, 858 (2ndCir. 1982) (the defendant congressman in the Abscam prosecutiondid not violate Section 203 by receiving compensation for merelygiving advice about immigration generally, but there would be a violationif he had rendered services before an agency or court).Section 203 covers officers, employees, members of Congressand federal judges. Section 205 covers only officers and employees.See United States v. Wallach, 979 F.2d 912, 919 (2nd Cir. 1992) (Section203 conspiracy could be found where the defendant receivedcompensation as a federal official for lobbying another agency fora private party).Restrictions on Former Officers, Employees, and Elected Officialsof the Executive and Legislative Branches, Section 207Section 207 prohibits former government officials from influencingtheir former colleagues and subordinate employees on mattersstill pending before that agency. This statute also prohibits the formerofficials’ use of information regarding specific cases gainedduring their government employment for personal benefit or forthe benefit of a client or private employer.• Section 207(a)(1) – Lifetime Bar: A former executive branchofficial may not knowingly make, with the intent to influence,a representation before a federal agency or court in connectionwith a particular matter, involving a party, in which theUnited States has a direct and substantial interest, in whichthe official participated as an employee, and which matterinvolved a specific party at the time of such participation.• Section 207(a)(2) – Two-Year Bar: A former executive branchemployee, within two years after the termination of theirgovernment service, may not knowingly make, with theintent to influence, a representation before a federal agencyor court in connection with a particular matter, involving aparty, in which the United States has a direct and substantialADB/OECD Anti-Corruption Initiative for Asia and the Pacific