# 5 CFR § 2634.1004: General rule

> Federal · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/ecfr-5-2634.1004

## Section

- **Citation:** 5 CFR § 2634.1004
- **Heading:** General rule
- **Jurisdiction:** Federal
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** September 22, 2026
- **Source:** Publisher's official text
- **Location:** Title 5—Administrative Personnel > CHAPTER XVI—OFFICE OF GOVERNMENT ETHICS > SUBCHAPTER B—GOVERNMENT ETHICS > PART 2634—EXECUTIVE BRANCH FINANCIAL DISCLOSURE, QUALIFIED TRUSTS, AND CERTIFICATES OF DIVESTITURE > Subpart J—Certificates of Divestiture

## Text

(a) The Director of the Office of Government Ethics may issue a Certificate of Divestiture for specific property in accordance with the procedures of § 2634.1005 if:
(1) The Director determines that divestiture of the property by an eligible person is reasonably necessary to comply with 18 U.S.C. 208, or any other Federal conflict of interest statute, regulation, rule, or Executive order; or
(2) A congressional committee requires divestiture as a condition of confirmation.
(b) The Director of the Office of Government Ethics cannot issue a Certificate of Divestiture for property that already has been sold.
Example 1:An employee is directed to divest shares of stock, a limited partnership interest, and foreign currencies. If the sale of these assets will result in capital gains under the Internal Revenue Code, the employee may request and receive a Certificate of Divestiture.
Example 2:An employee of the Department of Commerce is directed to divest his shares of XYZ stock acquired through the exercise of options held in an employee benefit plan. The employee explains that the gain from the sale of the stock will be treated as ordinary income. Because only capital gains realized under Federal tax law are eligible for deferral under section 1043, a Certificate of Divestiture cannot be issued for the sale of the XYZ stock.
Example 3:During her Senate confirmation hearing, a nominee to a Department of Defense (DOD) position is directed to divest stock in a DOD contractor as a condition of her confirmation. Eager to comply with the order to divest, the nominee sells her stock immediately after the hearing and prior to being confirmed by the Senate. Once she is a DOD employee, she requests a Certificate of Divestiture for the stock. Because the Office of Government Ethics cannot issue a Certificate of Divestiture for property that has already been divested, the employee's request for a Certificate of Divestiture must be denied.

## Nearby sections

- [5 CFR § 2634.101 § 2634.101 Authority.](https://www.frixlaw.com/law-library/statutes/ecfr-5-2634.101.md)
- [5 CFR § 2634.102 § 2634.102 Purpose and overview.](https://www.frixlaw.com/law-library/statutes/ecfr-5-2634.102.md)
- [5 CFR § 2634.103 § 2634.103 Executive agency supplemental regulations.](https://www.frixlaw.com/law-library/statutes/ecfr-5-2634.103.md)
- [5 CFR § 2634.104 § 2634.104 Policies.](https://www.frixlaw.com/law-library/statutes/ecfr-5-2634.104.md)
- [5 CFR § 2634.105 § 2634.105 Definitions.](https://www.frixlaw.com/law-library/statutes/ecfr-5-2634.105.md)
- [5 CFR § 2634.201 § 2634.201 General requirements, filing dates, and extensions.](https://www.frixlaw.com/law-library/statutes/ecfr-5-2634.201.md)
- [5 CFR § 2634.202 § 2634.202 Public filer defined.](https://www.frixlaw.com/law-library/statutes/ecfr-5-2634.202.md)
- [5 CFR § 2634.203 § 2634.203 Persons excluded by rule.](https://www.frixlaw.com/law-library/statutes/ecfr-5-2634.203.md)
- [5 CFR § 2634.204 § 2634.204 Employment of sixty days or less.](https://www.frixlaw.com/law-library/statutes/ecfr-5-2634.204.md)
- [5 CFR § 2634.205 § 2634.205 Special waiver of public reporting requirements.](https://www.frixlaw.com/law-library/statutes/ecfr-5-2634.205.md)
- [5 CFR § 2634.301 § 2634.301 Interests in property.](https://www.frixlaw.com/law-library/statutes/ecfr-5-2634.301.md)
- [5 CFR § 2634.302 § 2634.302 Income.](https://www.frixlaw.com/law-library/statutes/ecfr-5-2634.302.md)
- [5 CFR § 2634.303 § 2634.303 Purchases, sales, and exchanges.](https://www.frixlaw.com/law-library/statutes/ecfr-5-2634.303.md)
- [5 CFR § 2634.304 § 2634.304 Gifts and reimbursements.](https://www.frixlaw.com/law-library/statutes/ecfr-5-2634.304.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/ecfr-5-2634.1004. Check the current official text before relying on it. Not legal advice.