# 5 CFR § 2641.102: Applicability

> Federal · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/ecfr-5-2641.102

## Section

- **Citation:** 5 CFR § 2641.102
- **Heading:** Applicability
- **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 2641—POST-EMPLOYMENT CONFLICT OF INTEREST RESTRICTIONS > Subpart A—General Provisions

## Text

Since its enactment in 1962, 18 U.S.C. 207 has been amended several times. As a consequence of these amendments, former executive branch employees are subject to varying post-employment restrictions depending upon the date they terminated Government service (or service in a “senior” or “very senior” employee position).
(a) Employees terminating on or after January 1, 1991. Former employees who terminated or employees terminating Government service (or service in a “senior” or “very senior” employee position) on or after January 1, 1991, are subject to the provisions of 18 U.S.C. 207 as amended by the Ethics Reform Act of 1989, title I, Public Law 101-194, 103 Stat. 1716 (with amendments enacted by Act of May 4, 1990, Pub. L. 101-280, 104 Stat. 149) and by subsequent amendments. This part 2641 provides guidance concerning section 207 to these former employees.
(b) Employees terminating between July 1, 1979 and December 31, 1990. Former employees who terminated service between July 1, 1979, and December 31, 1990, are subject to the provisions of section 207 as amended by the Ethics in Government Act of 1978, title V, Public Law 95-521, 92 Stat. 1864 (with amendments enacted by Act of June 22, 1979, Pub. L. 96-28, 93 Stat. 76). Regulations providing guidance concerning 18 U.S.C. 207 to these employees were last published in the 2008 edition of title 5 of the Code of Federal Regulations, revised as of January 1, 2008.
(c) Employees terminating prior to July 1, 1979. Former employees who terminated service prior to July 1, 1979, are subject to the provisions of 18 U.S.C. 207 as enacted in 1962 by the Act of October 23, 1962, Public Law 87-849, 76 Stat. 1123.
Note to § 2641.102:
The provisions of this part 2641 reflect amendments to 18 U.S.C. 207 enacted subsequent to the Ethics Reform Act of 1989 and before July 25, 2008. An employee who terminated Government service (or service in a “senior” or “very senior” employee position) between January 1, 1991, and July 25, 2008 may have become subject, upon termination, to a version of the statute that existed prior to the effective date of one or more of those amendments. Those amendments concerned: (1) changes, effective in 1990, 1996, and 2004 concerning the rate of basic pay triggering “senior employee” status for purposes of section 207(c); (2) the reinstatement and subsequent amendment of the Presidential waiver authority in section 207(k); (3) the length of the restriction set forth in section 207(f) as applied to a former United States Trade Representative or Deputy United States Trade Representative; (4) the addition of section 207(j)(7), an exception to section 207(c) and (d); (5) a change to section 207(j)(2)(B), an exception to section 207(c) and (d); (6) the addition of assignees under the Information Technology Exchange Program to the categories of “senior employee” for purposes of section 207(c); (7) the addition of section 207(l), applicable to former private sector assignees under the Information Technology Exchange Program; (8) a change to the length of the restriction set forth in section 207(d); and (9) the addition of a cross-reference in section 207(j)(1)(B) to a revised exception in the Indian Self-Determination and Education Assistance Act.

## Nearby sections

- [5 CFR § 2641.101 § 2641.101 Purpose.](https://www.frixlaw.com/law-library/statutes/ecfr-5-2641.101.md)
- [5 CFR § 2641.102 § 2641.102 Applicability.](https://www.frixlaw.com/law-library/statutes/ecfr-5-2641.102.md)
- [5 CFR § 2641.103 § 2641.103 Enforcement and penalties.](https://www.frixlaw.com/law-library/statutes/ecfr-5-2641.103.md)
- [5 CFR § 2641.104 § 2641.104 Definitions.](https://www.frixlaw.com/law-library/statutes/ecfr-5-2641.104.md)
- [5 CFR § 2641.105 § 2641.105 Advice.](https://www.frixlaw.com/law-library/statutes/ecfr-5-2641.105.md)
- [5 CFR § 2641.106 § 2641.106 Applicability of certain provisions to Vice President.](https://www.frixlaw.com/law-library/statutes/ecfr-5-2641.106.md)
- [5 CFR § 2641.201 § 2641.201 Permanent restriction on any former employee's representations to United States concerning particular matter in which the employee participated personally and substantially.](https://www.frixlaw.com/law-library/statutes/ecfr-5-2641.201.md)
- [5 CFR § 2641.202 § 2641.202 Two-year restriction on any former employee's representations to United States concerning particular matter for which the employee had official responsibility.](https://www.frixlaw.com/law-library/statutes/ecfr-5-2641.202.md)
- [5 CFR § 2641.203 § 2641.203 One-year restriction on any former employee's representations, aid, or advice concerning ongoing trade or treaty negotiation.](https://www.frixlaw.com/law-library/statutes/ecfr-5-2641.203.md)
- [5 CFR § 2641.204 § 2641.204 One-year restriction on any former senior employee's representations to former agency concerning any matter, regardless of prior involvement.](https://www.frixlaw.com/law-library/statutes/ecfr-5-2641.204.md)
- [5 CFR § 2641.205 § 2641.205 Two-year restriction on any former very senior employee's representations to former agency or certain officials concerning any matter, regardless of prior involvement.](https://www.frixlaw.com/law-library/statutes/ecfr-5-2641.205.md)
- [5 CFR § 2641.206 § 2641.206 One-year restriction on any former senior or very senior employee's representations on behalf of, or aid or advice to, a foreign entity.](https://www.frixlaw.com/law-library/statutes/ecfr-5-2641.206.md)
- [5 CFR § 2641.207 § 2641.207 One-year restriction on any former private sector assignee under the Information Technology Exchange Program representing, aiding, counseling or assisting in representing in connection with any contract with former agency.](https://www.frixlaw.com/law-library/statutes/ecfr-5-2641.207.md)
- [5 CFR § 2641.301 § 2641.301 Statutory exceptions and waivers.](https://www.frixlaw.com/law-library/statutes/ecfr-5-2641.301.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/ecfr-5-2641.102. Check the current official text before relying on it. Not legal advice.
