[Code of Federal Regulations]
[Title 19, Volume 3]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 19CFR200.735-125]

[Page 13]
 
                        TITLE 19--CUSTOMS DUTIES
 
                            TRADE COMMISSION
 
PART 200--EMPLOYEE RESPONSIBILITIES AND CONDUCT--Table of Contents
 
 Subpart D--Provisions for Administrative Enforcement of Postemployment 
                    Conflict of Interest Restrictions
 
Sec.  200.735-125  Exemption from restrictions.

    (a) Scientific and technological information solicited by the 
Commission. Communications of a former Commission employee solely for 
the purpose of furnishing scientific or technological information 
solicited by the Commission in the course of its statutory 
investigations are exempted from the restrictions on postemployment 
practices.
    (b) Exemption for persons with special qualifications in a technical 
discipline--(1) Applicability. A former Commission employee may be 
exempted from the restrictions on postemployment practices if the 
Chairman, in consultation with the Director, Office of Government Ethics 
(the Director), executes a certification published in the Federal 
Register that the former Commission employee has outstanding 
qualifications in a scientific, technological, or other technical 
discipline; that the former Commission employee is acting with respect 
to a particular matter which requires such qualifications; and that the 
national interest would be served by the former Commission employee's 
participation.
    (2) Certification authority. Certification shall be by the Chairman, 
or in the absence thereof, by the acting head of the Commission. 
Consultation with the Director shall precede any certification. The 
exemption is effective upon the execution of the certification. The 
Secretary shall immediately transmit the certification to the Federal 
Register for publication.
    (c) Testimony and statement under oath are subject to penalty of 
perjury--(1) Applicability. A former Commission employee may testify 
before any court, board, commission, or legislative body with respect to 
matters of fact within the personal knowledge of the former Commission 
employee. This provision does not, however, allow a former Commission 
employee, otherwise barred under 18 U.S.C. 207 (a), (b), or (c), to 
testify on behalf of another as an expert witness except (i) to the 
extent that the former employee may testify from personal knowledge as 
to occurrences which are relevant to the issues in the proceeding, 
including those in which the Commission employee participated, utilizing 
his or her expertise, or (ii) in any proceeding where it is determined 
that another expert in the field cannot practically be obtained, that it 
is impracticable for the facts or opinions on the same subject to be 
obtained by other means, and that the former Commission employee's 
testimony is required in the interest of justice.
    (2) Statements under penalty of perjury. A former Commission 
employee may make any statements required to be made under penalty of 
perjury, such as those required in registration statements for 
securities, tax returns, or security clearances. The exception does not, 
however, permit a former employee to submit pleadings, applications, or 
other documents in a representational capacity on behalf of another 
merely because the attorney or other representative must sign the 
documents under oath or penalty of perjury.