---
kind: "section"
citation: "5 C.F.R. § 2641.105"
title: "5"
number: "2641.105"
heading: "Advice."
url: "https://uscodex.org/cfr/5/2641.105"
---

# §2641.105. Advice.

- (a) **Agency ethics officials.** Current or former employees or others who have questions about [18 U.S.C. 207](/usc/18/207.md) or about this part 2641 should seek advice from a designated agency ethics official or another agency ethics official. The agency in which an individual formerly served has the primary responsibility to provide oral or written advice concerning a former employee's post-employment activities. An agency ethics official, in turn, may consult with other agencies, such as those before whom a post-employment communication or appearance is contemplated, and with the Office of Government Ethics.
- (b) **Office of Government Ethics.** The Office of Government Ethics (OGE) will provide advice to agency ethics officials and others concerning [18 U.S.C. 207](/usc/18/207.md) and this part 2641. OGE may provide advice orally or through issuance of a written advisory opinion and shall, as appropriate, consult with the agency or agencies concerned and with the Department of Justice.
- (c) **Effect of advice.** Reliance on the oral or written advice of an agency ethics official or the OGE cannot ensure that a former employee will not be prosecuted for a violation of [18 U.S.C. 207](/usc/18/207.md). However, good faith reliance on such advice is a factor that may be taken into account by the Department of Justice (DOJ) in the selection of cases for prosecution. In the case in which OGE issues a formal advisory opinion in accordance with [subpart C](/cfr/5/subpartC.md) of [5 CFR part 2638](/cfr/5/part2638.md), the DOJ will not prosecute an individual who acted in good faith in accordance with that opinion. See [5 CFR 2638.309](/cfr/5/2638.309.md).
- (d) **Contacts to seek advice.** A former employee will not be deemed to act on behalf of any other person in violation of [18 U.S.C. 207](/usc/18/207.md) when he contacts an agency ethics official or other employee of the United States for the purpose of seeking guidance concerning the applicability or meaning of [section 207](/cfr/5/207.md) as applied to his own activities.
- (e) **No personal attorney-client privilege.** A current or former employee who discloses information to an agency ethics official, to a Government attorney, or to an employee of the Office of Government Ethics does not personally enjoy an attorney-client privilege with respect to such communications.

## Notes

### Authority

Authority: 5 U.S.C. ch. 131; 18 U.S.C. 207; E.O. 12674, 54 FR 15159, 3 CFR, 1989 Comp., p. 215, as modified by E.O. 12731, 55 FR 42547, 3 CFR, 1990 Comp., p. 306.

### Source

Source: 73 FR 36186, June 25, 2008, unless otherwise noted.