# 5 CFR § 3601.106: Prior approval for outside employment and business activities

> Federal · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/ecfr-5-3601.106

## Section

- **Citation:** 5 CFR § 3601.106
- **Heading:** Prior approval for outside employment and business activities
- **Jurisdiction:** Federal
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** September 22, 2026
- **Source:** Publisher's official text
- **Location:** Title 5—Administrative Personnel > CHAPTER XXVI—DEPARTMENT OF DEFENSE > PART 3601—SUPPLEMENTAL STANDARDS OF ETHICAL CONDUCT FOR EMPLOYEES OF THE DEPARTMENT OF DEFENSE

## Text

(a) A DoD employee, other than a special Government employee, who is required to file a financial disclosure report (OGE Forms 450 or 278e) shall obtain 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. Approval of the DoD employee's business activity or compensated outside employment with a prohibited source will be annotated on the employee's annual financial disclosure report. Nothing in this part precludes a supervisor from providing the employee with written approval. 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.
(3) Prohibited source. See 5 CFR 2635.203(d) (modified by the separate DoD component agency designations in § 3601.102).
(b) The DoD component DAEO or designee may, by a written notice, exempt categories of business activities or employment from the requirement of paragraph (a) of this section 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.
[88 FR 12543, Feb. 28, 2023, as amended at 88 FR 86029, Dec. 12, 2023]

## Nearby sections

- [5 CFR § 3601.101 § 3601.101 Purpose.](https://www.frixlaw.com/law-library/statutes/ecfr-5-3601.101.md)
- [5 CFR § 3601.102 § 3601.102 Designation of DoD components as separate agencies for purposes of gifts from outside sources, and teaching, speaking, and writing.](https://www.frixlaw.com/law-library/statutes/ecfr-5-3601.102.md)
- [5 CFR § 3601.103 § 3601.103 Additional exceptions for gifts from outside sources.](https://www.frixlaw.com/law-library/statutes/ecfr-5-3601.103.md)
- [5 CFR § 3601.104 § 3601.104 Additional limitations on gifts between employees.](https://www.frixlaw.com/law-library/statutes/ecfr-5-3601.104.md)
- [5 CFR § 3601.105 § 3601.105 Disclaimer for teaching, speaking, and writing in a personal capacity related to official duties.](https://www.frixlaw.com/law-library/statutes/ecfr-5-3601.105.md)
- [5 CFR § 3601.106 § 3601.106 Prior approval for outside employment and business activities.](https://www.frixlaw.com/law-library/statutes/ecfr-5-3601.106.md)
- [5 CFR § 3601.107 § 3601.107 Waiver.](https://www.frixlaw.com/law-library/statutes/ecfr-5-3601.107.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/ecfr-5-3601.106. Check the current official text before relying on it. Not legal advice.