September 20, 1994
                                   DO-94-032

MEMORANDUM 

TO:       Designated Agency Ethics Officials,
          General Counsels and Inspectors General

FROM:     Stephen D. Potts
          Director

SUBJECT:  Notification Requirement for Referrals of Possible
          Violations of Federal Conflict of Interest Statutes

     Information obtained through the Annual Agency Ethics Program
Questionnaire  indicates  that  during 1992 and 1993, respectively,
agencies made  148 and 194  referrals for  alleged violations  of
18 U.S.C. §§ 203-209 to the Department of Justice or to a U.S.
Attorney.  However, the Office of Government Ethics (OGE) received
notification for only 21 referrals during 1992 and 35 referrals
during 1993. 

     When any matter involving an alleged violation of Federal
conflict of interest law is referred to the Attorney General,
agencies  are  to  notify the  Director  of OGE  of the  referral 
(5 U.S.C. App. 402(e)(2); 5 C.F.R. § 2638.603(b)).  This includes
referrals made either to a United States Attorney in any Federal
judicial district or to the appropriate division of the Department
of Justice.

     In order to meet the statutory requirement to notify OGE, we
encourage agencies to use the "Notification of Conflict of Interest
Referral" form (OGE Form 202).  This form was coordinated with the
Department of Justice and originally distributed to agencies in a
January 21, 1992 memorandum.  Use of the form helps to focus a
referral and speeds the notification process to OGE.  It also
assists OGE in developing programs to address recurring ethics
problems. 

     For your convenience, we are attaching a copy of the form. 
Agencies may photocopy this form as necessary.  Please note this
form contains slight modifications from the one distributed on
January 21, 1992, but either form can be used.  Questions regarding
the use of this form should be directed to the desk officer
responsible for your agency.

     To underscore the importance of this notification process, the
Program Review Division, when conducting an agency ethics program
review, will examine more fully an agency's compliance with the OGE
notification requirement as one of the elements of the review. 
Failure to adhere to this requirement will be noted in the report.

___________________________________________________________________________

TEBBS Note:  The attachment (OGE Form 202) does not follow the DAEOgram. 
It is not in a text format and can not be viewed.  It is available in the
MISCELLANEOUS area of the FILES section of TEBBS - as an 'encapsulated
postscript' file.  You can 'download' the file FORM202.EPS and print it
on a printer with postscript fonts.