[Code of Federal Regulations]
[Title 5, Volume 3]
[Revised as of January 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR2637.208]

[Page 631]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
                CHAPTER XVI--OFFICE OF GOVERNMENT ETHICS
 
PART 2637_REGULATIONS CONCERNING POST EMPLOYMENT CONFLICT OF INTEREST--Table 
 
                    Subpart B_Substantive Provisions
 
Sec. 2637.208  Testimony and statements under oath or subject to penalty of 

perjury.

    (a) Statutory basis. Section 207(h) provides:

    ``Nothing in this section shall prevent a former officer or employee 
from giving testimony under oath, or from making statements required to 
be made under penalty of perjury.''

    (b) Applicability. A former Government employee may testify before 
any court, board, commission, or legislative body with respect to 
matters of fact within the personal knowledge of the former Government 
employee. This provision does not, however, allow a former Government 
employee, otherwise barred under 18 U.S.C. 207 (a), (b), or (c) to 
testify on behalf of another as an expert witness except: (1) 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 former Government employee participated, 
utilizing his or her expertise, or (2) 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 Government 
employee's testimony is required in the interest of justice.
    (c) Statements under penalty of perjury. A former Government 
employee may make any statement 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.