[Code of Federal Regulations]
[Title 5, Volume 3]
[Revised as of January 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR2635.107]

[Page 552]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
                CHAPTER XVI--OFFICE OF GOVERNMENT ETHICS
 
PART 2635_STANDARDS OF ETHICAL CONDUCT FOR EMPLOYEES OF THE EXECUTIVE 
BRANCH--Table of Contents
 
                      Subpart A_General Provisions
 
Sec. 2635.107  Ethics advice.

    (a) As required by Sec. Sec. 2638.201 and 2638.202(b) of this 
chapter, each agency has a designated agency ethics official who, on the 
agency's behalf, is responsible for coordinating and managing the 
agency's ethics program, as well as an alternate. The designated agency 
ethics official has authority under Sec. 2638.204 of this chapter to 
delegate certain responsibilities, including that of providing ethics 
counseling regarding the application of this part, to one or more deputy 
ethics officials.
    (b) Employees who have questions about the application of this part 
or any supplemental agency regulations to particular situations should 
seek advice from an agency ethics official. Disciplinary action for 
violating this part or any supplemental agency regulations will not be 
taken against an employee who has engaged in conduct in good faith 
reliance upon the advice of an agency ethics official, provided that the 
employee, in seeking such advice, has made full disclosure of all 
relevant circumstances. Where the employee's conduct violates a criminal 
statute, reliance on the advice of an agency ethics official cannot 
ensure that the employee will not be prosecuted under that statute. 
However, good faith reliance on the advice of an agency ethics official 
is a factor that may be taken into account by the Department of Justice 
in the selection of cases for prosecution. Disclosures made by an 
employee to an agency ethics official are not protected by an attorney-
client privilege. An agency ethics official is required by 28 U.S.C. 535 
to report any information he receives relating to a violation of the 
criminal code, title 18 of the United States Code.