Office of Government Ethics Issues Memo on Gift Ban

The Office of Government Ethics (OGE) released a memorandum explaining the executive order banning executive branch personnel from accepting gifts from lobbyists. The memo states that the order; "was not intended to prohibit certain gifts that do not implicate the purposes of the ban. [. . .] appointees may rely on the following interim guidance, to accept certain gifts from 501(c)(3) organizations and media organizations." This revises the order allowing covered officials to participate in events sponsored by charitable organizations and the press.

The OGE outlines the exemptions to the gift ban; "such as certain modest refreshments, presentation items of little intrinsic value, benefits available to all Government employees, etc." It also exempts gifts from organizations that use outside lobbyists, or non-employees, as long as the organization it self is not registered under the Lobbying Disclosure Act. However, anything less than twenty dollars, honorary degrees or awards, and gifts related to "widely attended gatherings" are prohibited. Indirect gifts, any gift given to any other person including a charitable organization based on the employee's designation, are not allowed.

The memo outlines that because 501(c)(3) groups are usually engaged in educational or charitable work, "there is little reason to prohibit employees from relying on the usual gift exceptions in the Standards of Conduct, many of which have particular relevance to the activities of such organizations." However, an official still may not take a gift from a registered lobbyist working for a charity.

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