September 23, 2016

LA-16-08

LEGAL ADVISORY

TO: Designated Agency Ethics Officials

FROM: Walter M. Shaub, Jr.

Director

SUBJECT: Introduction to the Primary Post-Government Employment Restrictions 

Applicable to Former Executive Branch Employees

This Legal Advisory provides a plain language discussion for agency ethics officials,

departing employees, and former employees on the post-Government employment restrictions, 

particularly those found in certain provisions of the primary post-Government employment 

statute applicable to former employees of the executive branch, 18 U.S.C. § 207. OGE’s 

regulations provide more detailed guidance at 5 C.F.R. part 2641. 

Readers should be mindful that additional legal authorities not addressed in this Legal 

Advisory may be applicable to certain individuals. This Legal Advisory provides a general 

introduction to the primary post-Government employment restrictions under a criminal law 

applicable to former executive branch employees but does not offer comprehensive guidance on 

the application of that law to individual circumstances. Departing and former employees should 

consult their agencies’ ethics officials for guidance regarding their individual circumstances. 

The post-Government employment restrictions described in Section I of this Legal 

Advisory apply to all former employees. The additional restrictions described in Section II apply 

only to certain high-level officials who are referred to as “senior” and “very senior” employees. 

The responses to Questions 15 and 17 will help you determine if you are a “senior” or “very 

senior” employee. It is important to recognize that the restrictions applicable to “senior” and 

“very senior” employees are in addition to the restrictions applicable to all employees. Therefore, 

“senior” and “very senior” employees should read both Sections I and II of this Legal Advisory.

I. Restrictions Applicable to All Employees

Q1. What is the purpose of the post-Government restrictions under 18 U.S.C. § 207?

The primary source of post-Government employment ethics restrictions is found at 

18 U.S.C. § 207. A critical function of section 207 is to prevent former Government employees 

from leveraging relationships forged during their Government service to assist others in their 
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dealings with the Government. Some provisions of section 207 also impose limitations on the 

use of nonpublic information and on behind-the-scenes activities. At the same time, none of the 

restrictions of section 207 prohibit any former employee, regardless of Government rank or 

position, from accepting employment with any particular private or public employer. Rather, 

section 207 prohibits a former employee from providing certain services to, or on behalf of, nonFederal employers or other persons, whether or not done for compensation. In this way, the 

statute carefully balances various governmental interests, including the Government’s interests in 

both recruiting personnel and guarding against certain acts involving, or appearing to involve, 

the unfair use of prior Government employment.

Q2. I left Government service to work for a non-Federal employer. What postGovernment employment restrictions apply to me?

As mentioned above, the primary source of post-Government employment ethics 

restrictions is found at 18 U.S.C. § 207. This law, which carries both criminal and civil penalties

for violations, is designed to prevent former employees from taking certain actions after leaving 

the Government that could involve the unfair use of influence and information gained through 

Government employment. There are two basic restrictions in 18 U.S.C. § 207(a) that are 

applicable to all former executive branch employees, including former special Government 

employees. There are further restrictions in 18 U.S.C. § 207 for employees involved in trade or 

treaty negotiations, as well as the additional restrictions for “senior” and “very senior 

employees,” discussed below.1 

(a) Lifetime Ban on Matters in Which You Participated

Section 207(a)(1) bars you from making, with the intent to influence, any communication

to or appearance before an employee of the United States on behalf of another regarding a 

“particular matter involving specific parties” in which you participated personally and 

substantially as a Government employee. This post-Government employment restriction on 

communications and appearances is permanent and continues for the life of the particular matter. 

(b) Two-Year Ban on Matters Under Your Official Responsibility

Section 207(a)(2) bars you from making, with the intent to influence, any communication 

to or appearance before an employee of the United States on behalf of another regarding a 

“particular matter involving specific parties” if you were not personally involved in the matter 

but the matter was pending under your “official responsibility” at any time during your last year 

of Government service. This post-Government employment restriction on communications and 

appearances continues for two years after you leave the Government.

(c) Limitations on the Lifetime Ban and the Two-Year Ban

Both the lifetime ban and the two-year ban, which are applicable to all employees, bar 

certain communications to the Government and certain appearances before the Government, but 

 

1 A one-page chart describing the post-Government employment restrictions found in 18 U.S.C. § 207 is attached.
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they apply only under certain conditions. First, both of these restrictions apply only when the 

matter is a “particular matter involving specific parties.” Examples of particular matters 

involving specific parties include contracts, cases, claims, investigations, grants, and other 

matters focused on identified parties. Second, unlike the restrictions in 18 U.S.C. § 207(b) and 

(f), which are discussed in response to Questions 4 and 20 below and are applicable only to 

certain employees, they do not cover behind-the-scenes activities if there is no communication to 

or appearance before the Government. Third, they are limited to communications to and 

appearances before any executive branch employee that are made with the “intent to influence,” 

but you should be aware that “intent to influence” has been interpreted quite broadly. Fourth, 

they are limited to communications and appearances made on behalf of any other “person,” but 

you should be aware that the word “person” includes individuals, organizations, companies, state 

and local governments, and other entities. Finally, both of these restrictions are limited to matters 

in which the United States is a party or has a direct and substantial interest, but it is probably 

safest for you to assume that the United States has a direct and substantial interest in any matter 

that you are considering addressing in a communication to or appearance before the Government. 

Q3. Am I prohibited from working for any specific employer?

None of the provisions of 18 U.S.C. § 207 directly bar you from accepting employment 

with any specific employer after Government service. However, if you are retired from the 

uniformed services or continue to serve as a member of the reserve component after leaving 

Government, the Emoluments Clause of the U.S. Constitution (Article I, § 9, cl. 8) places certain 

restrictions on your ability to accept employment and compensation from foreign governments, 

including organizations owned or controlled by a foreign government. In addition, the 

Procurement Integrity Act imposes certain restrictions on sources of compensation if you had 

certain responsibilities in connection with a contract for more than $10,000,000. Your agency’s 

ethics officials can help you determine whether you are covered by these or other authorities

restricting your post-Government employment activities.

Q4. May I provide “behind-the-scenes” assistance to another person, such as giving 

advice or drafting a document, if I avoid communications to and appearances before 

the Government?

In most cases, the answer is yes. As explained in response to Question 2 above, most of 

the restrictions under 18 U.S.C. § 207 are limited to appearances and communications. They do 

not bar you from providing behind-the-scenes assistance to any person or entity. If you provide 

behind-the-scenes assistance, however, you should not have any communication to the 

Government attributed to you by another.

An example of one restriction that limits more than only appearances and 

communications is found in 18 U.S.C. § 207(b). Section 207(b) applies to former employees who 

worked on certain ongoing trade and treaty negotiations. This restriction applies to you if you 

participated in a covered trade or treaty negotiation during your last year of Government service 

and had access to information that would be exempt from release to the public under the 

Freedom of Information Act. In that case, section 207(b) bars you from representing, or aiding or 

advising, any other person concerning that trade or treaty negotiation on the basis of that 
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information. This restriction lasts for one year after your Government service terminated. 

Additionally, as explained more fully in Question 20, 18 U.S.C. § 207(f) bars former “senior” 

and “very senior” employees from aiding, assisting, and representing certain foreign entities in 

an attempt to influence the United States.

Q5. Do the restrictions apply even if I am not getting paid? 

Yes. The restrictions under 18 U.S.C. § 207 apply even if you are not receiving 

compensation for your activities.

Q6. May I represent myself without violating the restrictions under 18 U.S.C. § 207?

Yes, but you should be careful to ensure that you are, in fact, representing only yourself. 

For example, if you make a communication or appearance regarding a matter in which your new 

employer has an interest, you could be considered to be representing your employer’s interest as 

opposed to your own. This is true even if you believe that your communication is consistent with 

the Government’s interests.

It is important to remember that the legal term “person” can include individuals, 

organizations, companies, state and local governments, and other entities. This interpretation of 

the term “person” includes single-member corporations or LLCs that you have created for your

own post-Government employment activities. Even if you are the sole owner and employee of 

that legal entity, it is a separate “person” from you. Thus, for example, if you created a legal 

entity and that entity has a contract with the Government, you are acting on behalf of the legal 

entity and not solely on your own behalf. In that case, the restrictions under 18 U.S.C. § 207 

apply to your communications to and appearances before the Government in connection with the 

contract and any other business your legal entity is seeking to do with the Government. 

Q7. Do the restrictions under 18 U.S.C. § 207(a) apply to interactions with agencies 

other than my former agency?

Yes. The restrictions apply to a communication to or appearance before any officer or 

employee of any department, agency, court, or court-martial of the United States. The 

restrictions do not extend to a communication to or appearance before a Member of Congress, a

congressional committee, or their staffs. 

Q8. When I was in the Government, I worked on a regulation establishing standards for 

a regulated industry. After leaving Government service, may I submit a comment on 

this regulation on behalf of my non-Federal employer?

It depends. If you are not a “senior” or “very senior” employee, you may submit a 

comment on the regulation, even if you submit the comment on behalf of another person, 

because the regulation is not a “particular matter involving specific parties.” As discussed in 

response to Question 2, the legal restrictions applicable to you are limited to “particular matters 

involving specific parties.” A regulation covering an entire industry does not involve specific 

parties.
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In contrast, if you are a “senior” or “very senior” employee, you may not submit a 

comment on the regulation on behalf of any other person. As explained in Part II of this Legal 

Advisory, the legal restrictions applicable to “senior” and “very senior” employees are broader in 

scope. They are not limited to “particular matters involving specific parties.” 

Q9. When I was in Government, I helped draft one provision of a contract for my 

agency. After leaving Government, may I represent the contractor in a dispute over 

a different provision of the contract that I did not help draft?

No. You may not represent the contractor in the dispute. The contract as a whole is the 

“particular matter involving specific parties.” A dispute over any part of the contract triggers the 

lifetime ban under 18 U.S.C. § 207(a)(1). The restriction applies to you, even if you worked on a 

different provision of the contract. If you are not sure whether the dispute involves the same 

contract, you should consult your former agency’s ethics officials.

Keep in mind, however, that the restriction applies to this specific contract and not more 

broadly to the contractor. If a dispute were to arise between your former agency and the 

contractor in connection with a different contract in which you were not involved, the separate 

contract would generally be a different “particular matter involving specific parties” than the one 

in which you participated as a Government employee. As a result, the restriction would not apply 

to that other contract.

As explained in Part II of this Legal Advisory, if you were a “senior” or “very senior” 

employee, you are barred for one or two years from any communications to and appearances 

before your former agency. In that case, whether you could represent the contractor would 

depend on how much time has passed since you left Government.

Q10. In the last year of my Government service, employees under my supervision

handled several grants. I did not personally work on any of the grants. I did not 

even review or approve them. I left the Government three months ago. May I 

represent someone before the Government on any of these grants? 

No. Section 207(a)(2) imposes a two-year ban in connection with any “particular matter 

involving specific parties” that was pending under your “official responsibility” during the last 

year of your Government service. The prohibition under section 207(a)(2) applies even if you did 

not personally participate in the matter. In this case, the two-year ban applies because: (1) the 

grants were “pending under your official responsibility” in the last year of your Government

service; (2) the grants were particular matters involving specific parties (in this instance, the

parties were the “grantees”); and (3) you terminated your Government service less than two 

years ago. You may not represent anyone to the Government in connection with these grants for 

the first two years after your Government service ended. (As discussed in response to Question 

2, however, both the lifetime ban for matters in which you personally participated and the twoyear ban for matters under your “official responsibility” are limited to communications and 

appearances made on behalf of another person and do not prohibit behind-the-scenes activity.)
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Q11. Would I violate the restrictions under 18 U.S.C. § 207 by merely attending a 

meeting on behalf of another person if I do not speak?

There is a risk that your mere presence at the meeting could violate the restrictions under 

18 U.S.C. § 207. The restrictions under section 207 include a ban on appearances before the 

Government, if made with the intent to influence. Your presence, even without any explicit 

communication, may in many instances be construed as an attempt to influence the Government.

As a practical matter, there is also a realistic possibility that you will be asked a question during 

or after the meeting. Given the considerable risks associated with attending meetings when you 

are covered by the restrictions under section 207, it is recommended that you consult an agency 

ethics official before attending any such meeting.

Q12. I currently work for a Government contractor. My employer has just assigned me to 

work on a contract in which I was previously involved before leaving the 

Government. May I direct questions to or share information with employees of the 

agency regarding that matter?

The lifetime ban under 18 U.S.C. § 207(a)(1) bars you from communications with the 

intent to influence on behalf of your employer. Communications are permitted if they are not 

made with the “intent to influence.” As noted in response to Question 2, however, “intent to 

influence” has been interpreted quite broadly and, depending on the circumstances, can include 

your discussion of purely factual information, if that information is intended to influence the 

Government. There is considerable risk that you will cross over this threshold and be deemed to 

possess the requisite “intent to influence” if you are communicating to agency employees about 

this contract. 

Q13. After leaving to work for a non-Federal employer, may I attend a purely social 

event at my former agency, such as a celebration for a retiring employee held in the 

employee’s office suite?

Yes. Section 207 does not prohibit social events or purely social communications to 

employees of your former agency. It is important for you to be mindful, however, that you could 

be considered to have made an appearance or communication with the intent to influence in 

connection with a particular matter if you discuss the matter at the event. The subject of the 

discussion, rather than the nature of the event, will determine whether section 207 applies. 

Q14. Do any additional post-Government employment restrictions apply to me if I was a 

political appointee and was required to sign the Ethics Pledge under Executive 

Order 13490?

Yes. Full-time, non-career appointees required to sign the Ethics Pledge under Executive 

Order 13490 are subject to additional restrictions under the terms of that pledge. You were 

required to sign the Ethics Pledge if you were a full-time, non-career Presidential or VicePresidential appointee, non-career appointee in the Senior Executive Service (or other SES-type 

system), or appointee to a position that has been excepted from the competitive service by reason 
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of being of a confidential or policymaking character (Schedule C positions and other positions 

excepted under comparable criteria) in an executive agency.

Paragraph 5 of the Ethics Pledge prohibits any former appointee who is a registered 

lobbyist from lobbying any covered executive branch official2or non-career senior Executive 

Service appointee for the remainder of the Presidential administration in which they signed the 

Ethics Pledge. This prohibition is in addition to the restrictions found in 18 U.S.C. § 207. As 

discussed later in this Legal Advisory, former “senior” employees are also covered by paragraph 

4 of the Ethics Pledge, which extends the length of a post-Government employment restriction 

applicable to them under 18 U.S.C. § 207(c).

II. Additional Restrictions Applicable to Senior and Very Senior Employees

The following questions and answers address additional restrictions that apply only to 

former “senior” and “very senior” employees. These restrictions do not apply to other 

employees. Former “senior” and “very senior” employees are also subject to the restrictions 

discussed in Section I above that are applicable to all former employees

Q15. Am I a former “senior” employee?

The term former “senior” employee refers to the following individuals:

(a) Anyone who occupied a position paid at a rate of basic pay that was equal to or above 

86.5% of the pay level for level II of the Executive Schedule. In calendar year 2016, 

that threshold is $160,111.50. “Rate of basic pay” does not include locality-based 

adjustments or additional pay such as bonuses, awards, and various allowances. Note 

that the determination as to whether you were a “senior” employee is based on the 

pay level that applied to level II of the Executive Schedule at the time you left senior

service.

(b) A former active duty commissioned officer of the uniformed services who served in a 

position for which the pay grade was O-7 or above.

(c) Anyone who occupied a position for which the rate of pay is specified in or fixed 

according to the Executive Schedule. 

(d) Anyone appointed by the President to a position under 3 U.S.C. § 105(a)(2)(B) or the 

Vice President to a position under 3 U.S.C. § 106(a)(1)(B) (These appointees hold 

high-level positions in the Executive Office of the President.) 

 

2

Covered executive branch officials include the President, the Vice President, any official in the Executive Office of 

the President, any Executive Schedule official (EL I-V), any uniformed officer at pay grade 0-7 or above, and any 

Schedule C employee. See Executive Order 13490, § 2(d) (Jan. 21, 2009) (citing 2 U.S.C. § 1602(3)); see also OGE 

DO-10-004, at 4-5 (Feb. 22, 2010).
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If you are not sure whether you are a former “senior” employee, you should consult your 

agency’s ethics officials. OGE’s regulations address the definition of “senior” employee at 

5 C.F.R. § 2641.104.

Q16. If I am a former “senior” employee, what additional restrictions apply to me?

In addition to other post-Government employment restrictions discussed in this Legal 

Advisory, former “senior” employees are subject to a one-year “cooling off” period. If you are a 

former “senior” employee, section 207(c) bars you from making, with the intent to influence, 

communications to and appearances before your former agency on behalf of any other person for 

one year after you ceased to be a “senior” employee.

Although time-limited, this one-year cooling off period for former “senior” employees

under section 207(c) applies to a broader range of activities than either the lifetime ban or the 

two-year ban. (Those two restrictions are discussed in more detail in response to Question 2.)

Those restrictions apply only to “particular matters involving specific parties.” The additional 

restriction under section 207(c) applies to any matter on which you seek official action, including 

a new matter that was not pending when you were in Government. The concept of a “matter” is 

very broad. Examples of communications seeking action on official matters include discussing 

broad policy options and expressing concern about regulatory changes an agency is considering. 

This one-year cooling off period applies to communications to and appearances before 

any agency in which you served within the one-year period prior to your terminating as a 

“senior” employee. The scope of this restriction includes each and every agency in which you 

served during that one-year period. Thus, if you were a “detailee” from one agency to another, 

the restriction applies to both agencies.

If you were required to sign the Ethics Pledge under Executive Order 13490, paragraph 4 

of the pledge extends this cooling-off period to two years from the end of your service as a 

“senior” employee. You are also subject to an additional requirement under paragraph 5 of the 

pledge, which is applicable to all pledge signers and is discussed in the response to Question 14

above.

In addition to the one-year cooling off period under section 207(c), section 207(f) bars 

“senior” employees from engaging in certain activities on behalf of foreign governments or 

foreign political parties. This additional restriction is discussed in response to Question 20

below. 

Q17. Am I a former “very senior” employee?

The term former “very senior” employee refers to the following individuals:

(a) Anyone who occupied a position in the executive branch at the rate payable for level I 

of the Executive Schedule ($205,700 in calendar year 2016) (e.g., Cabinet Members), 

and employees of the Executive Office of the President who occupied a position paid 

at the rate payable for level II of the Executive Schedule ($185,100 in calendar year 
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2016). Note that the determination as to whether you were a “very senior” employee 

is based on the pay level for the applicable provision of the Executive Schedule at the 

time you left very senior service.

(b) The Vice President and any former employee in the Executive Office of the President 

(EOP) who was appointed by the President to a position under 3 U.S.C. 

§ 105(a)(2)(A) or by the Vice President to a position under 3 U.S.C. § 106(a)(1)(A). 

If you are not sure whether you are a former “very senior” employee, you should consult 

your agency’s ethics officials. OGE’s regulations address the definition of “very senior” 

employee at 5 C.F.R. § 2641.104.

Q18. If I am a former “very senior” employee, what additional restrictions apply to me?

In addition to other post-Government employment restrictions discussed in this Legal 

Advisory, former “very senior” employees are subject to a two-year “cooling off” period. If you 

are a former “very senior” employee, section 207(d) bars you from making, with the intent to 

influence, communications to and appearances before the following Government officials on 

behalf of any other person for a period of two years after you ceased to be a “very senior”

employee:

(a) Any officer or employee of the agency (or agencies) in which you served in a “very 

senior” position during the one-year period before terminating your “very senior” 

service. 

(b) Any officer or employee of the Government in an Executive Schedule position, 

including individuals outside your former agency.

The additional restriction for former “very senior” employees under section 207(d)

applies to a broader range of activities than either the lifetime ban or the two-year ban. (Those 

two restrictions are discussed in more detail in response to Question 2.) Those restrictions apply 

only to “particular matters involving specific parties.” The additional restriction under section 

207(d) applies to any matter on which you seek official action, including a new matter that was 

not pending when you were in Government. The concept of a “matter” is very broad. Examples 

of communications seeking action on official matters include discussing broad policy options

and expressing concern about regulatory changes an agency is considering.

In addition to the two-year cooling off period under section 207(d), section 207(f) bars 

“very senior” employees from engaging in certain activities on behalf of foreign governments or 

foreign political parties. This additional restriction is discussed in response to Question 20 

below. 
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Q19. I was a “senior” or “very senior” employee in an agency that was part of a larger 

parent agency (e.g., the Department of the Army, for which the parent agency is the

Department of Defense). Am I barred from communications and appearances

before the parent agency and other sub-agencies (e.g., the Department of the Air 

Force)? 

The answer depends on whether you were a “senior” employee or a “very senior” 

employee. If you were a “senior” employee, the answer also depends on the pay for your former 

position. 

(a) Former “very senior” employees

For former “very senior” employees, the additional restrictions under section 207(d) 

always apply to the entire agency, including the parent agency and all components of the agency. 

(b) Former “senior” employees whose pay was specified in or fixed according to the 

Executive Schedule and anyone appointed to the Executive Office of the President

under 3 U.S.C. § 105(a)(2)(B) or 3 U.S.C. § 106(a)(1)(B)

For former “senior” employees whose pay was specified in or fixed according to the 

Executive Schedule and for “senior” officials in the Executive Office of the President, the 

additional restrictions under section 207(c) always apply to the entire agency, including the 

parent agency and all components of the agency. 

(c) Other former “senior” employees

For other former “senior” employees the additional restrictions under section 207(c), 

extend to the entire agency in which they served, including the parent agency and all components 

of the agency, unless OGE has approved separate “agency component” designations for their 

agencies. All approved separate “agency component” designations are listed in Appendix B to 

OGE’s regulations at 5 C.F.R. Part 2641. If your agency is included in that list, the designated 

“agency components” are treated as separate from the parent agency and from one another for 

purposes of section 207(c). In that case, the additional restrictions for former “senior” employees 

under section 207(c) apply only to your former agency component, and not to the parent agency 

or other agency components.

Q20. Do any additional restrictions on former “senior” and “very senior” employees

apply to me if I am working with a foreign entity, such as a foreign government or 

political party?

Yes. For one year from the date you terminate your service as a former “senior”

employee or “very senior” employee, section 207(f) bars you from representing, aiding, or 

assisting a foreign government or foreign political party with the intent to influence any United 

States employee. It is important to note that this additional restriction under section 207(f) is not 

limited to communications and appearances; it also prohibits you from working behind-thescenes to aid or advise any of these foreign entities in attempting to influence the Government. 
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This restriction continues for a period of one year after you ceased to be a “senior” or “very 

senior” employee. Additionally, unlike the other provisions of section 207, section 207(f) also 

prohibits you from representing, aiding, or assisting a foreign government or foreign political 

party in an attempt to influence any employee of the legislative branch, including Members of 

Congress. 

Q21. Is there an exception to the additional restrictions on former “senior” and “very 

senior” employees that would allow me to represent a political campaign?

An exception at section 207(j)(7) may permit you to make communications or 

appearances on behalf of a candidate, the candidate’s committee, a national or state committee, 

or a political party if you meet the applicable conditions. A member of the Presidential 

Transition Team who otherwise satisfies the elements of the exception may also continue to 

communicate on behalf of the President-elect until the inauguration on January 20. 

There are several conditions that must be met in order to qualify for this exception. The 

exception does not apply if you are acting wholly or partly on behalf of any person other than the 

candidate, committee, or party. The exception does not apply if you work for anyone other than 

the candidate, committee, or party (unless your employer represents only candidates or certain 

types of political entities). For this reason, the exception is unavailable to you if you work for a 

law firm or consulting firm that represents clients other than the types of political entities 

specified in the statute. Other limitations to this exception also apply. For more information on 

this exception, contact the Designated Agency Ethics Official for your former agency. In 

addition, OGE has issued an informal advisory opinion, OGE 08 x 4 (Mar. 26, 2008), that 

addresses this exception in more detail.

Q22. Do the additional restrictions on former “senior” and “very senior” employees 

apply to me if I work for a nonprofit organization or state or local government? 

In most cases, the answer is yes. These restrictions normally apply without regard to the 

status of your employer, client, or person on behalf of whom you are acting. The statute does

contain some limited exceptions to these additional restrictions for former “senior” and “very 

senior” employees under section 207(c) and (d), but it is important for you to understand that 

these exceptions are not always applicable to other restrictions under 18 U.S.C. § 207. Therefore, 

before you rely on an exception, you must be careful to ensure that it covers all potentially 

applicable provisions of section 207.

Some of the exceptions apply to employees of certain types of non-Federal employers. 

For example, one exception covers certain representational activities on behalf of a medical 

research organization or hospital that has nonprofit status under section 501(c)(3) of the tax code. 

Another exception covers certain representational activities on behalf of an accredited, degreegranting institution of higher education, as defined in section 101 of the Higher Education Act of 

1965. A third exception covers certain representational activities on behalf of a state or local 

agency. However, these three exceptions apply only if you are an employee, as opposed to a 

consultant or contractor, of that outside entity. These three exceptions do not permit you to make 

contacts or appearances that would be barred by the lifetime ban under section 207(a)(1) for 
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matters in which you were personally involved or the two-year ban under section 207(a)(2) for 

matters under your official responsibility. Because the requirements for relying on these 

exceptions are very specific, you should consult your agency’s ethics officials before relying on 

an exception. 

Q23. Are there any other exceptions in section 207 to the additional restrictions on 

former “senior” and “very senior” employees? 

Yes, there are additional exceptions in section 207(j) that may apply in very limited 

situations. Because the requirements for relying on these exceptions are very specific, you should 

consult your agency’s ethics officials before relying on them.
 Substantive Post-Employment Prohibitions Applicable to Executive Branch 

18 U.S.C. § 207

Section Employees

207(a)(1) All grades and 

ranks (except enlisted military) 

Length of Restriction

Permanent 

207(a)(2) All grades and 

ranks (except enlisted military) 

2 years after Government service terminates 

207(b) All grades and 

ranks (except enlisted military) 

1 year after Government service terminates 

207(c) “Senior” 1 year after service in a 

“senior” position terminates 

207(d) “Very Senior” 2 years after service in a “very 

senior” position terminates 

207(f) “Senior” 

“Very Senior” 

1 year after service in a “senior” or “very senior” position terminates 

Brief Summary 

No former employee may knowingly make, with the intent to influence, 

appearance before an employee of the U.S. on behalf of any other perso

connection with a particular matter involving a specific party or parties, personally and substantially as an employee, and in which the U.S. is a psubstantial interest. No former employee may knowingly make, with the intent to influence, appearance before an employee of the U.S. on behalf of any other perso

connection with a particular matter involving a specific party or parties, has a direct and substantial interest, and which such person knows or reaactually pending under his official responsibility within the one-year pehis employment with the U.S. No former employee may knowingly represent, aid, or advise on the basother person (except the U.S.) concerning any ongoing trade or treaty nelast year of Government service, he participated personally and substant

No former “senior” employee may knowingly make, with the intent to i

or appearance before an employee of a department or agency in which hthe one-year period prior to termination from “senior” service, if that co

made on behalf of any other person (except the U.S.), in connection withe seeks official action by that employee. No former “very senior” employee may knowingly make, with the intencommunication to or appearance before any individual appointed to an 

before any employee of a department or agency in which he served as a the two-year period prior to termination from Government service, if thappearance is made on behalf of any other person (except the U.S.), in cconcerning which he seeks official action by that individual or employe

No former “senior” employee or former “very senior” employee may kninfluence a decision of an employee of a department or agency of the Uduties, represent a foreign entity before any department or agency of the entity. 

* This quick reference guide is only a summary. When giving advice, always consult the complete set of laws, rules, and opiniparticular situation.