Advisory 13-01 June 18, 2013

  1. The $25,000 list.

    The most current listing of defense contractors with contracts of $25,000 or more is now posted on the SOCO web site. The top 10 defense contractor listing is also posted.

  2. Reminders of Important Ethics Dates.

    OGE provides a handy list of important dates here.

  3. Emoluments Clause Guidance.

    SOCO has posted guidance regarding the Emoluments Clause to the U.S. Constitution in the form of a detailed white paper and a two-page summary of the white paper. We would encourage DoD ethics practitioners to provide this summary to military members during their post-Government employment briefing.

    Both the white paper and two page summary can be found on the SOCO web site.

  4. Waiver of $20 Gift Exception for Enlisted in Certain Situations.

    The Secretary of Defense recently waived DoD 5500.07 and the JER application of the prohibition on gift acceptance for enlisted personnel E-6 and below. The change allows enlisted personnel to accept gifts (e.g., in excess of $20.00), not including cash, but ONLY from certain organizations, such as veterans service organizations, non-profit charities, and military associations. There is no monetary cap on the amount of the gift that may be accepted, The gifts however must be unsolicited, and acceptance may not otherwise violate ethics rules or DoD policy, The Secretary's Memorandum is available on the DoD Guidance Index. It is the first topic under the sub-heading, Gifts.

  5. Reminder: OGE waiver of $200 filing penalty expires.

    Since implementation of the Stop Trading on Congressional Knowledge Act of 2012 (STOCK Act), the U.S. Office of Government Ethics temporarily waived the $200 late filing penalty for Periodic Transaction Reports (OGE From 278Ts). LA-12-04, June 20, 2012. Please remember that on July 3, 2013, the waiver expires. As a result, on July 3, 2013, all OGE form 278Ts that are submitted untimely are subject to the $200 filing penalty, absent a request for an extension or the granting of a waiver. OGE Form 278Ts are untimely if they are filed more than 30-days after they are due (i.e. 30 days after notification of a covered transaction or 45 days after a covered transaction). For example, a 278T filed on July 3 for transactions a filer was notified about on May 31 would trigger the penalty without the granting of an extension or waiver. As our filers continue to become accustomed to this periodic reporting requirement, and especially during the furlough, requests for extensions and waivers may be granted liberally. DAEOs and Deputy DAEOs have flexibility under the OGE regulations to grant extensions when appropriate.


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.