Digest of Foreign Activity Ethics Provisions

U.S. Constitution
art. I, § 9, cl. 8

Without the consent of Congress, an employee cannot receive any present, emolument, office, or title of any kind whatsoever from a foreign state. As a result, an employee cannot accept concurrent outside employment with a foreign government or a political subdivision of a foreign government, including a public university or commercial enterprise owned or operated by a foreign government. The constitutional ban does not apply to employment with, or presents or emoluments received from, a foreign privately owned corporation or an international organization. An emolument includes salary, transportation, household goods shipment costs, and housing or per diem allowances.

Under a separate statutory ban, an employee cannot accept a gift exceeding $260 in value from a foreign government or an international organization. A prohibited gift includes travel expenses exceeding $260 in value unless the travel takes place entirely outside the United States. The statutory restriction extends to the spouse and dependents of the employee. The law provides congressional consent to the receipt by an employee of gifts valued at $260 or less. (A tangible gift of more than minimal value may be accepted on behalf of the agency. The Federal Government may accept, under applicable agency gift acceptance authorities, travel and related expenses from a foreign government in connection with travel by an employee on official duty.)

An employee cannot act as an "agent of a foreign principal" as defined under the Foreign Agents Registration Act (FARA) or a "lobbyist" on behalf of a foreign entity that is required to register under the Lobbying Disclosure Act of 1995 (LDA). The FARA ban prohibits representation of foreign governments or foreign political parties before the United States Government, as well as a number of other activities conducted within the United States on behalf of such entities: (1) political activities; (2) public relations counseling; (3) publicity agent activities; (4) information services; (5) political consulting; and (6) solicitation or disbursement of contributions, loans, money, or other things of value; where such services are rendered with the intent to influence the American public or the Government, with reference to formulating the domestic or foreign policies of the United States, or with reference to the political or public interests, policies or relations of a government of a foreign country or a foreign political party. There are certain FARA exceptions related to trade or commerce, legal representation, humanitarian fundraising, and religious, scholastic, or scientific pursuits. The head of an agency may authorize the employment of an agent for a foreign private entity as a special Government employee upon a certification that such action is in the national interest. The LDA ban prohibits certain lobbying of covered legislative and executive branch officials on behalf of foreign corporations, associations, or other organizations.