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

124 Managing Conflict of Interestinterest, which the employee reasonably should have knownwas actually pending under his or her official responsibilitywithin one year before leaving government service.• Section 207(b) – One-Year Bar: A covered person may notknowingly “represent, aid, or advise” any other person concerninga treaty or treaty negotiation in which the coveredperson participated on the basis of designated informationto which he or she had access and which he or she shouldhave known was so designated. 3• Section 207(c)-(f) – One-Year Restrictions on High-LevelOfficials: Commonly referred to as the “one-year cooling offperiod,” this section provides a series of one-year restrictionson post-employment representations by specified formerhigh-level officers and employees, which apply withoutregard to whether the matter involved in the representationwas actually pending—or even existed—during the periodof government service.Acts Affecting a Personal Financial Interest, Section 208Section 208 indicates that a public official may not personallyand substantially participate as an official in a particular matter inwhich, to the official’s knowledge, the official, his or her spouse,or other specified persons or entities—including businesses withwhich the official is negotiating for employment—has a financialinterest. 4 This statute is a mainstay of conflict-of-interest statutes. Itprohibits financial self-dealing, and is closely allied to Section 201on bribery. It was designed to prohibit public officials from advancingor appearing to advance their financial interests at the expenseof public interests.Salary of Government Officials Payable Only by the UnitedStates, Section 209A government official may not receive a salary from any sourceother than the United States as compensation for his or her services3Section 207(b)(2)(A) defines “trade negotiation” and Section 207 (b)(2)(B)defines “treaty.”4Section 208(b) provides a written-waiver provision for certain fact-specific circumstances.ADB/OECD Anti-Corruption Initiative for Asia and the Pacific