Managing Conflict of Interest - Organisation for Economic Co ...
Managing Conflict of Interest - Organisation for Economic Co ...
Managing Conflict of Interest - Organisation for Economic Co ...
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Implementation and En<strong>for</strong>cement Tools 123representative <strong>of</strong> a private party be<strong>for</strong>e the federal Government,whether or not compensation is paid.The statute differs from Section 203 in that the latter focuses onthe taking or <strong>of</strong>fering <strong>of</strong> compensation <strong>for</strong> representational services;Section 205 focuses on certain types <strong>of</strong> 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 <strong>for</strong> merelygiving advice about immigration generally, but there would be a violationif he had rendered services be<strong>for</strong>e an agency or court).Section 203 covers <strong>of</strong>ficers, employees, members <strong>of</strong> <strong>Co</strong>ngressand federal judges. Section 205 covers only <strong>of</strong>ficers 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 <strong>of</strong>ficial <strong>for</strong> lobbying another agency <strong>for</strong>a private party).Restrictions on Former Officers, Employees, and Elected Officials<strong>of</strong> the Executive and Legislative Branches, Section 207Section 207 prohibits <strong>for</strong>mer government <strong>of</strong>ficials from influencingtheir <strong>for</strong>mer colleagues and subordinate employees on mattersstill pending be<strong>for</strong>e that agency. This statute also prohibits the <strong>for</strong>mer<strong>of</strong>ficials’ use <strong>of</strong> in<strong>for</strong>mation regarding specific cases gainedduring their government employment <strong>for</strong> personal benefit or <strong>for</strong>the benefit <strong>of</strong> a client or private employer.• Section 207(a)(1) – Lifetime Bar: A <strong>for</strong>mer executive branch<strong>of</strong>ficial may not knowingly make, with the intent to influence,a representation be<strong>for</strong>e 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 <strong>of</strong>ficial participated as an employee, and which matterinvolved a specific party at the time <strong>of</strong> such participation.• Section 207(a)(2) – Two-Year Bar: A <strong>for</strong>mer executive branchemployee, within two years after the termination <strong>of</strong> theirgovernment service, may not knowingly make, with theintent to influence, a representation be<strong>for</strong>e a federal agencyor court in connection with a particular matter, involving aparty, in which the United States has a direct and substantialADB/OECD Anti-<strong>Co</strong>rruption Initiative <strong>for</strong> Asia and the Pacific