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Electronic Code of Federal Regulations
Title 5: Administrative Personnel
PART 9303—SUPPLEMENTAL STANDARDS OF ETHICAL CONDUCT FOR EMPLOYEES OF THE OFFICE OF THE SPECIAL INSPECTOR GENERAL FOR AFGHANISTAN RECONSTRUCTION
§9303.102 Prior approval for certain outside activities.
Authority: 5 U.S.C. Section 7301; 5 U.S.C. App. (Ethics in Government Act of 1978, as amended), E.O. 12674, 54 FR 15159, 3 CFR 1989 Comp., p. 215, as modified by E.O. 12731, 55 FR 42547; 3 CFR 1990 Comp., p. 306; 5 CFR 2635.105, 2635.702, 2635.703, 2635.801, 2635.802, 2635.803, and 2635.805.
Source: 77 FR 20699, Apr. 6, 2012, unless otherwise noted.
In accordance with 5 CFR 2635.105, the regulations in this part apply to employees of the Office of the Special Inspector General for Afghanistan Reconstruction (SIGAR) and supplement the Standards of Ethical Conduct for Employees of the Executive Branch contained in 5 CFR part 2635. In addition to the regulations in 5 CFR part 2635 and this part, SIGAR employees are subject to the executive branch-wide financial disclosure regulations contained in 5 CFR part 2634; the executive branch regulations regarding outside employment at 5 CFR part 2636; and the regulations concerning executive branch financial interests contained in 5 CFR part 2640.
§9303.102 Prior approval for certain outside activities.
(a) Prior approval requirement. An employee, other than a special Government employee, shall obtain written approval before engaging—with or without compensation—in the following outside activities:
(1) Providing professional services involving the application of the same specialized skills or the same educational background as performance of the employee's official duties;
(2) Teaching, speaking, or writing that relates to the employee's official duties;
(3) Serving as an officer, director, trustee, general partner, employee, agent, attorney, consultant, contractor, or active participant for a prohibited source, except that prior approval is not required by this paragraph (a)(3) to provide such service without compensation (other than reimbursement of expenses) for a prohibited source that is a nonprofit charitable, religious, professional, social, fraternal, educational, recreational, public service, or civic organization, unless prior approval for the activity is required by paragraph (a)(1), (a)(2), or (a)(4) of this section; or
(4) Providing services, other than clerical services or service as a fact witness, on behalf of any other person in connection with a particular matter:
(i) In which the United States is a party;
(ii) In which the United States has a direct and substantial interest; or
(iii) If the provision of services involves the preparation of materials for submission to, or representation before, a Federal court or executive branch agency.
(b) Submission of requests for approval. (1) Requests for approval shall be submitted in writing to SIGAR's Inspector General or Inspector General's designee through normal supervisory channels. Such requests shall include, at a minimum, the following:
(i) The employee's name and position title;
(ii) The name and address of the person or organization for whom or for which the outside activity is to be performed;
(iii) A description of the proposed outside activity, including the duties and services to be performed while engaged in the activity; and
(iv) The proposed hours that the employee will engage in the outside activity, and the approximate dates of the activity.
(2) Together with the employee's request for approval, the employee shall provide a certification that:
(i) The outside activity will not depend in any way on nonpublic information;
(ii) No official duty time or Government property, resources, or facilities not available to the general public will be used in connection with the outside activity; and
(iii) The employee has read subpart H (“Outside Activities”) of 5 CFR part 2635.
(3) Upon a significant change in the nature or scope of the outside activity or in the employee's official position, the employee shall submit a revised request for approval.
(c) Approval of requests. Approval shall be granted only upon a determination by SIGAR's Inspector General or Inspector General's designee, in consultation with the General Counsel and the Director of Public Affairs, that the outside activity is not expected to involve conduct prohibited by statute or Federal regulation, including 5 CFR part 2635.
(d) Definitions. For purposes of this section:
(1) Active participant has the meaning set forth in 5 CFR 2635.502(b)(1)(v).
(2) Nonpublic information has the meaning set forth in 5 CFR 2635.703(b).
(3) Professional services means the provision of personal services by an employee, including the rendering of advice or consultation, which involves application of the skills of a profession as defined in 5 CFR 2636.305(b)(1).
(4) Prohibited source has the meaning set forth in 5 CFR 2635.203(d).
(5) Relates to the employee's official duties has the meaning set forth in 5 CFR 2635.807(a)(2)(i)(B) through (a)(2)(i)(E).