[Code of Federal Regulations]
[Title 15, Volume 1]
[Revised as of January 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 15CFR0.735-12]

[Page 8-10]
 
                  TITLE 15--COMMERCE AND FOREIGN TRADE
 
PART 0--EMPLOYEE RESPONSIBILITIES AND CONDUCT--Table of Contents
 
         Subpart D--Regulatory Limitations Upon Employee Conduct
 
Sec. 0.735-12  Outside employment or other activity.

    (a) Incompatible outside employment or other outside activity. An 
employee shall not engage in outside employment or other outside 
activity not compatible
    (1) With the full and proper discharge of the duties and 
responsibilities of his Government employment,
    (2) With the policies or interests of the Department, or

[[Page 9]]

    (3) With the maintenance of the highest standards of ethical and 
moral conduct. Incompatible activities include but are not limited to:
    (i) Acceptance of a fee, compensation, gift, payment of expense, or 
any other thing of monetary value in circumstances in which acceptance 
may result in, or create the appearance of, a conflict of interest;
    (ii) Outside employment which tends to impair the employee's mental 
or physical capacity to perform his Government duties and 
responsibilities in an acceptable manner;
    (iii) Employment with any foreign government, corporation, 
partnership, instrumentality, or individual unless authorized by the 
Department;
    (iv) Employment by, or service rendered under contract with, any of 
the persons listed in Sec. 0.735-11(a);
    (v) Receipt by an employee, other than a special Government 
employee, of any salary or anything of monetary value from a private 
source as compensation for his services to the Government. (18 U.S.C. 
209).
    (b) Improper benefit from official activity. (1) No employee of the 
Department shall receive compensation (e.g., an honorarium) or anything 
of monetary value, other than that to which he is duly entitled from the 
Government, for the performance of any activity during his service as 
such employee of the Department and within the scope of his official 
responsibilities.
    (2) As used in this paragraph, ``within the scope of his official 
responsibilities'' means in the course of or in connection with his 
official responsibilities. (See 29 Comp. Gen. 163; 30 id. 246; 32 id. 
454; 35 id. 354; B-131371, July 17, 1957.)
    (3) An activity shall ordinarily be considered to be in the course 
of or in connection with an employee's official responsibilities if it 
is performed as a result of an invitation or request which is addressed 
to the Department or a component thereof, or which is addressed to an 
employee at his office at the Department, or which there is reason to 
believe is extended partly because of the official position of the 
employee concerned. (When in doubt, it may be asked whether it is likely 
that the invitation would have been received if the recipient were not 
associated with the Department.) Whether an employee is on leave while 
performing an activity shall be considered irrelevant in determining 
whether an activity is performed in the course of or in connection with 
the employee's official responsibilities.
    (4) Acceptance of a gift or bequest on behalf of the Department 
shall be made in accordance with Department Order 3 and Administrative 
Order 203-9.
    (c) Teaching, lecturing, and writing. Employees are encouraged to 
engage in teaching, lecturing, and writing that is not prohibited by 
law. Executive Order 11222, 5 CFR Part 735, or the regulations in this 
part and Administrative Order 201-4, ``Writing for Outside 
Publication,'' subject to the following conditions:
    (1) An employee shall not, either for or without compensation, 
engage in teaching, lecturing, or writing, including teaching, 
lecturing, or writing for the purpose of the special preparation of a 
person or class of persons for an examination of the Office of Personnel 
Management or the Board of Examiners for the Foreign Service, that 
depends on information obtained as a result of his Government 
employment, except when that information has been made available to the 
general public or will be made available on request, or when the 
Assistant Secretary for Administration or his designee gives written 
authorization for the use of nonpublic information on the basis that the 
use is in the public interest.
    (2) No employee shall receive compensation or anything of monetary 
value for any consultation, lecture, discussion, writing, or appearance, 
the subject matter of which is devoted substantially to the 
responsibilities, programs, or operations of the Department of Commerce, 
or which draws substantially on official data or ideas which have not 
become part of the body of public information. As used in this 
paragraph, ``the body of public information'' shall mean information 
which has been disseminated widely among segments of the public which 
may be affected by or interested in the information concerned, or which 
is known by such segments of the public

[[Page 10]]

to be freely available on request to a Government agency.
    (d) [Reserved]
    (e) Application of the limitations. This section does not preclude 
an employee from:
    (1) [Reserved]
    (2) Participation in the activities of National or State political 
parties not proscribed by law.
    (3) Participation in the affairs of, or acceptance of an award for a 
meritorious public contribution or achievement given by a charitable, 
religious, professional, social, fraternal, nonprofit educational and 
recreational, public service, or civic organization.

[32 FR 15222, Nov. 2, 1967, as amended at 33 FR 9765, July 6, 1968; 55 
FR 53489, Dec. 31, 1990]