Advisory 12-03 December 3, 2012

  1. 2012 National Emergency Extended by President.

    On September 11, 2012, the President signed an extension of the National Emergency related to the terrorist attacks of September 11, 2001. A copy of the Federal register notice may be found here. The practical effect for the ethics community is a continuation (through September 13, 2013) of the suspension of the 180 day waiting period for retired military members' commencement of employment as a civilian in DoD. (5 U.S.C. 3326.) See 77 Fed. Reg. 56517, September 12, 2012.

  2. Summary of Emolument Clause Restrictions.

    Did you know that retired military officers, enlisted personnel and reservists are subject to the Emoluments Clause of the Constitution? These personnel must obtain approval from the Secretary of State and their respective Service Secretary before accepting compensation from a foreign government for services provided to that country. A brief summary of this provision and its application to retired service members is now posted on the SOCO web site here. We encourage you to distribute this summary to affected personnel during the post-employment briefing.

  3. Holiday Party Guidance.

    Tired of getting those questions about contractors participating in holiday office parties and what kind of gifts can be exchanged between and among employees? Your answers are addressed in the SOCO Holiday Guidance available under DoD Guidance.


DISCLAIMER: The purpose of this advisory is to disseminate relevant information and sources of general guidance, policy and law on Government Ethics issues to the Department of Defense ethics community. Advisories are not intended to be and should not be cited as authoritative guidance, DoD policy, or law.