February 17, 2000
                                   DO-00-006                


MEMORANDUM

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

FROM:     Stephen D. Potts
          Director

SUBJECT:  Reissuance of post-employment summary on restrictions in
          18 U.S.C. § 207


     In anticipation of increased demand for post-employment advice
during the upcoming Presidential transition, we are reissuing the
attached summary of 18 U.S.C. § 207, to facilitate your counseling
and training of departing executive branch employees.  It was
previously issued by DAEOgram in October 1990 and again in November
1992, to provide preliminary interpretation of the statute, as
amended by the Ethics Reform Act of 1989.  With the changes
described below, this summary of § 207 remains valid, pending
completion of new regulatory guidance.  

     The only substantive changes in the summary since the 1992
dissemination are those which were necessary to reflect statutory
amendments in 1995 and 1996.  Specifically, those amendments pegged
part of the definition of "senior employee" in § 207(c) at
level 5 or above of the Senior Executive Service (instead of
level V of the Executive Schedule); extended the duration of the
ban on representing foreign entities in § 207(f) for the United
States Trade Representative and the Deputy United States Trade
Representative; and added an exception in § 207(j) that permits
"senior" and "very senior" employees to represent candidates and
certain political organizations.  Other than those three
substantive changes and some very minor edits, the attached summary
of 18 U.S.C. § 207 remains unchanged from its 1992 issuance.

     Sometime this spring, we will be providing you with a
separate, shorter overview of 18 U.S.C. § 207, which will be
especially suitable for distribution by you directly to departing
employees.  That overview, in the form of an easily understood
pamphlet or memorandum, should be useful as a quick reference for
departing employees, to supplement the post-employment counseling
that you will be called upon to provide them during the
Presidential transition.  In the interim, we hope that the attached
detailed summary will be helpful to you.  

     Note:  The attached summary covers 18 U.S.C. § 207 only.  When
providing post-employment advice, remember that 18 U.S.C. § 208 and
Subpart F of the Standards of Ethical Conduct at 5 C.F.R. part 2635 
will govern executive branch employees while seeking or negotiating
for private sector employment.  Also, post-employment restrictions
in addition to 18 U.S.C. § 207 may apply to certain non-career
"senior appointees" and "trade negotiators" under an ethics pledge,
pursuant to Executive Order 12834 of January 20, 1993.

Attachment