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V. ADVISING NFES(c) Serves a legitimate public interest,(d) Does not reflect adversely on DoD, and(e) Creates no significant additional cost to DoD. (JER 2-301b)(2) Note that Agency Designees may allow their personnel to use resources,as restricted above, but they may not allow NFEs to directly use thoseresources under this authority.A. Official Capacity: DoD personnel, in their official capacities, generally should notserve as advisors or consultants, or serve on advisory boards of, NFEs that are DoDcontractors or commercial entities that do business with DoD.1. Organizations and businesses that work with DoD often seek DoD personnel toadvise them or sit on “customer panels,” user, or similar groups. Whileparticipation in such groups is not prohibited, because it may raise substantialconflicts of interest, appearances of preferential treatment, risk of disclosure ofnonpublic information, endorsement, and abuse of office issues, such participationis rare. See DoD General Counsel memo of May 7, 1999(http://www.dod.mil/dodgc/defense_ethics/dod_oge/AdvDefContractors.htm)for more specific guidance.2. Note that often this “advising contractors” concern may be eliminated byincluding such consultation as part of the contract for service, system, or software.(For example, contracts for particular software may include periodic feedbackmeetings between the supplier and customer.)B. Personal Capacity: DoD personnel, in their personal capacities, may participate asadvisors, consultants, or on advisory boards of NFEs, provided they act exclusivelyoutside the scope of their official position. See IV.B.1., above, for precautions totake. DoD policy, however, strongly discourages such participation with DoDprohibited sources when there is a high risk of inadvertent violations or theappearance of such violations.1. Participation on advisory boards or curriculum advisory committees of academicinstitutions, or advisory committees of professional associations may not beinappropriate even when these organizations are prohibited sources.VI.PARTICIPATING IN PROFESSIONAL OR STANDARD SETTING NFESA. Official Capacity: When appropriate and authorized, the Head of DoD Componentorganizations may appoint and authorize DoD personnel to become activeparticipants as members of boards of certain NFEs, such as consensus standardsorganizations. The activity of the NFE must concern the mission of the DoD10Relations with Non-Federal Entities10th Ethics Counselor's Course
organization. Ethics Counselors must play an active role in making thesedeterminations. See DoD 4120.24-M, “DoD Standardization Program” (3/9/00) forfurther guidance. When so appointed, DoD personnel may serve as chairpersons andvote on behalf of DoD, but may not manage or control the NFE.B. Personal Capacity: See IV.B.1., above, for precautions to take.VII.MANAGING NFESA. Official Capacity: Except for the exceptions below, DoD personnel in their officialcapacity are prohibited from participating in the management of, or serving asdirectors, officers, or trustees (or other similar positions) for NFEs. DoD personnelmay so participate only pursuant to statute and with the approval of DoD GeneralCounsel. See JER 3-202. Such participation raises several conflicts of interest issuesand other problems.1. Violation of 18 U.S.C. 208: Federal personnel may not take official actions inparticular matters that have a direct and predictable effect on the financialinterests of organizations in which they serve as director, officer, or employee.a. See Office of Legal Counsel Memorandum to Howard M. Shapiro, GeneralCounsel, FBI, from Beth Nolan, Deputy Assistant Attorney General,November 5, 1996.b. "An employee appointed to a position with an organization such as theSociety may have a fiduciary duty to act in the best interest of the Society inaccordance with state law; to the extent he also has a duty to act in theGovernment's best interest, these conflicting obligations may presentproblems for the Government employee.” OGE letter to Barbara S.Fredericks, Dept of Commerce, November 18, 1992.c. Confusing allegiance: When Federal personnel manage an NFE as part oftheir official duties, it is easy for them, the public, and members of the NFE toassume the Federal employee is working for the NFE. Specific issues ariseinvolving:(1) Release of non-public information;(2) Appearance of official sanction;(3) Fundraising;(4) Lobbying;(5) Dealings with DoD or other Federal agencies;(6) Use of Government resources;11Relations with Non-Federal Entities10th Ethics Counselor's Course
Page 1 and 2: Relations with Non-Federal Entities
Page 3 and 4: (1) Letter from the GAO to the Hono
Page 5 and 6: 4. AR 600-29, Fund-Raising within t
Page 7 and 8: company and/or its clients or custo
Page 9: h. They may not use appropriated fu
Page 13 and 14: DoD personnel may not so serve if t
Page 15 and 16: (2) Creating or allowing the appear
Page 17 and 18: . DoD may co-sponsor a conference,
Page 19 and 20: (2) Participate in a committee with
Page 21 and 22: (i) Reserve Officers Association of
Page 23 and 24: E. Other Support to NFEs:1. General
Page 25 and 26: are supporting a non-Federal entity
Page 27 and 28: (1) It is clear that DoD is procuri
Page 29 and 30: (4) Air Force: AFI 36-2903, Dress a
Page 31 and 32: amount that exceeds the reasonable
Page 33 and 34: (ii) The opportunity to speak was e
Page 35 and 36: (b) The DoD Component organization
Page 37 and 38: PRACTICAL APPLICATION EXAMPLES:Hint
Page 39 and 40: accept the gift. Since it is a rece

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