[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: 5CFR5101.103]

[Page 757-758]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
            CHAPTER XLI--COMMODITY FUTURES TRADING COMMISSION
 
PART 5101_SUPPLEMENTAL STANDARDS OF ETHICAL CONDUCT FOR EMPLOYEES OF THE 
 
Sec. 5101.103  Outside employment and activities.

    (a) Subject to the restrictions and requirements contained in 5 CFR 
part 2635 and this part, Commission members and other employees are 
encouraged to engage in teaching, speaking, and writing activities and, 
when qualified, to participate without compensation in programs to 
provide legal assistance and representation to indigents.
    (b) Prohibitions. A Commission member or other employee shall not 
engage in non-Federal employment or any other outside activity that:
    (1) Involves the rendering of advice concerning any legal, 
accounting or economic matter, or any agricultural, mining, foreign 
currency market or other commodity-related matter, in which the 
Commission may be significantly interested, except that this prohibition 
shall not apply to a special Government employee unless the special 
Government employee:
    (i) Has participated personally and substantially as an employee or 
special Government employee in the same matter; or
    (ii) Has served with the Commission 60 days or more during the 
immediately preceding period of 365 consecutive days.
    (2) Involves an appearance in court or on a brief in a 
representative capacity in relation to any matter which relates to any 
policy, program or operation of the Commission; or
    (3) Is prohibited by section 2(a)(7) of the Commodity Exchange Act, 
as incorporated in 17 CFR 140.735-2 and 140.735-3. That statute provides 
that no Commission member or employee shall accept employment or 
compensation from any person, exchange or clearinghouse subject to 
regulation by the Commission, or participate, directly or indirectly, in 
any contract market operations or transactions of a character subject to 
regulation by the Commission.
    (c) Prior approval for outside employment. (1) Before engaging in 
any outside employment, with or without compensation, an employee of the 
Commission, other than a special Government employee, must obtain 
written approval from his or her division or office head and the 
Executive Director, who may seek the concurrence of the General Counsel.
    (2) In addition to the approval under paragraph (c)(1) of this 
section, an employee, including a special Government employee, must 
obtain written approval from the Commission to appear in court or on a 
brief in a representative capacity.
    (3) Approval shall be granted only upon a determination that the 
outside

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employment is not expected to involve conduct prohibited by statute or 
Federal regulation, including 5 CFR part 2635 and this part.
    (4) The approval required by paragraph (c)(1) or (c)(2) of this 
section shall be requested in writing in advance of engaging in outside 
employment. The request shall be submitted to the employee's division or 
office head, through the employee's immediate supervisor, and shall set 
forth all pertinent facts regarding the anticipated employment, 
including the name of the employer, the nature of the work to be 
performed, its estimated duration and the amount of compensation to be 
received. If approved by the division or office head, the request shall 
be forwarded by the division or office head to the Executive Director. 
In granting or denying approval, the Executive Director may seek the 
concurrence of the General Counsel. If approved by the Executive 
Director, a request for permission to appear in court or on a brief in a 
representational capacity shall be forwarded to the Commission for final 
decision.
    (5) For purposes of this section, ``employment'' means any form of 
non-Federal employment or business relationship involving the provision 
of personal services by the employee. It includes, but is not limited to 
personal services as an officer, director, employee, agent, attorney, 
consultant, contractor, general partner, trustee, teacher or speaker. It 
includes writing when done under an arrangement with another person for 
production or publication of the written product. It does not, however, 
include participation in the activities of a nonprofit charitable, 
religious, professional, social, fraternal, educational, recreational, 
public service, or civic organization, unless such activities involve 
the provision of professional services or advice or are for compensation 
other than reimbursement of expenses.

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