§ 5.30 General prohibitions for former employees.
(a) Former employees of the Commission must comply with the requirements of 18 U.S.C. 207 and its implementing regulations at 5 CFR part 2641 (post-government employment conflict of interest restrictions), 18 U.S.C. 203 (compensation for representational services), 41 U.S.C. 2104 (compensation from contractors), and any other applicable laws, regulations, or rules.
(b) Former employees should be aware that, among other restrictions, 18 U.S.C. 207 generally:
(1) Prohibits former employees from knowingly, with the intent to influence, communicating to, or appearing before, an employee of the United States on behalf of anyone (other than themselves or the United States) in connection with a particular matter involving a specific party or parties, in which they participated personally and substantially as employees of the Commission, and in which the United States is a party or has a direct and substantial interest; 1
1 It is important to note that the same particular matter may continue in another form or in part. In determining whether two particular matters involving specific parties are the same, all relevant factors should be considered, including the extent to which the matters involve the same basic facts, the same or related parties, related issues, the same confidential information, and the amount of time elapsed. 5 CFR 2641.201(h)(5). For example, where a former employee intends to participate in an investigation of compliance with a Commission order, submission of a request to reopen an order, or a proceeding with respect to reopening an order, the matter will be considered the same as the adjudicative proceeding or investigation that resulted in the order. A former employee who is uncertain whether the matter in which they plan to participate is wholly separate from any matter that was pending during their tenure should seek advice from the FTC Designated Agency Ethics Official.
(2) Restricts former employees from representing anyone (other than themselves or the United States) before a Federal agency regarding a particular matter involving a specific party or parties pending under their official responsibility during their last year of Government service for two years after they leave the Commission; and
(3) Imposes upon former “senior” Commission employees who are subject to 18 U.S.C. 207(c) a one-year “cooling off” period (this period may vary depending on any applicable Ethics Pledge requirements) in which such former employees must not make any communication to, or appearance before, any FTC employee to seek official action on behalf of anyone (other than themselves or the United States).
(c) Former employees who are attorneys, and their firms, should consult their respective State bar rules regarding conflicts that are imputed to them and their firms.