[Code of Federal Regulations]
[Title 5, Volume 3]
[Revised as of January 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR3601.107]

[Page 699]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
                   CHAPTER XXVI--DEPARTMENT OF DEFENSE
 
PART 3601--SUPPLEMENTAL STANDARDS OF ETHICAL CONDUCT FOR EMPLOYEES OF THE DEPARTMENT OF DEFENSE--Table of Contents
 
Sec. 3601.107  Prior approval for outside employment and business activities.

    (a) A DoD employee, other than a special Government employee, who is 
required to file a financial disclosure report (SF 450 or SF 278) shall 
obtain written approval from the agency designee before engaging in a 
business activity or compensated outside employment with a prohibited 
source, unless general approval has been given in accordance with 
paragraph (b) of this section. Approval shall be granted unless a 
determination is made that the business activity or compensated outside 
employment is expected to involve conduct prohibited by statute or 
regulation. For purposes of this section, the following definitions 
apply:
    (1) Business activity. Any business, contractual or other financial 
relationship not involving the provision of personal services by the DoD 
employee. It does not include a routine commercial transaction or the 
purchase of an asset or interest, such as common stock, that is 
available to the general public;
    (2) Employment. Any form of non-Federal employment or business 
relationship involving the provision of personal services by the DoD 
employee. It includes, but is not limited to, personal services as an 
officer, director, employee, agent, attorney, consultant, contractor, 
general partner or trustee; and
    (3) Prohibited source. See 5 CFR 2635.203(d) (modified by the 
separate DoD component agency designations in Sec. 3601.102 of this 
part).
    (b) The DoD component designated agency ethics official or designee 
may, by a written notice, exempt categories of business activities or 
employment from the requirement of paragraph (a) of this section, for 
prior approval based on a determination that business activities or 
employment within those categories would generally be approved and are 
not likely to involve conduct prohibited by statute or regulation.