Topics • The applicability of employment restrictions • The types of employment restrictions • The penalties associated with violations • The Transition Counselor’s role
1 Year Ban For one year after separating from the military, you may not aid, advise or represent any employer regarding trade or treaty negotiations that you worked on in your last year of military service.
1 Year Ban Example: An O-6 at the State Department works for the last 9 months before retirement on a trade deal with a foreign country. They leave the military to immediately become a consultant on foreign policy and development to a major manufacturer looking to build facilities in the country of concern.
2 Year Ban For two years after separating from the military, you may not represent someone else to the government regarding any matters that were pending under your responsibility during your last year of military service.
2 Year Ban Example: Within two years of separating from military service, a command’s budget officer is asked to represent a company in a dispute arising under a contract which was in effect during their last year of service. The dispute concerns an accounting formula under the contract, a matter under which the budget officer was consulted.
Lifetime Ban You may not, on the behalf of someone else, try to influence any government agency, officer or employee concerning a matter in which you personally worked on during your military service at any time … forever.
Lifetime Ban Example: A master chief calls a military office they previously worked for during their military service to complain about auditing methods being used by that military office to audit the contractor that the master chief now works for.
Compensation For Representation to the Government By Others After leaving the military, you may not accept compensation for representational services provided while you were still in the military.
Compensation For Representation to the Government By Others Example: A JAG officer leaves military service in June to join as a partner in a private law firm that provides counsel to the DoD. At the end of the year, the partnership decides to dispense bonuses to the partners based off the success of the firm over the calendar year.
Procurement Integrity Laws • For one year after leaving the military, you may not accept compensation from a contractor if: • You were responsible for a procurement of more than $10 million won by that contractor. • You served as a manager for a contract in excess of $10 million held by that contractor. • Personally made a decision to award a contract in excess of $10 million to that contractor. • Personally made a decision to approve payments in excess of $10 million to that contractor.
Terminal Leave Military personnel on terminal leave are authorized to accept a civilian position in the U.S. Government and receive pay and allowances, but may not represent anyone outside the Government to the Government.
Employment by the DoD Retired military personnel may not be hired by the DoD for a period of 6 months after retirement. This is waiverable.
Foreign Employment Retired military members may not accept employment from any foreign government without the consent of the Service Secretary and the Secretary of State. Failure to do so may result in forfeiture of retirement pay.
Penalties Non-willful violation: up to one year in prison and/ or a civil penalty. Willful violation: up to five years in prison and/ or a civil penalty. Civil penalties: up to $50,000 for each violation or the amount which the person received or offered for the violation, whichever is greater.
Transition Counselor’s Role The Service member can not decline this counseling. Transition counselors shall refer transferring service members to an installation legal office to ensure they are briefed on post government service employment restrictions by an ethics official.
Resources NAVSTA San Diego NLSO Southwest3395 Sturtevant St Suite 2San Diego, CA 92136Phone: 619-556-2211 www.jag.navy.mil http://www.jag.navy.mil/legal_services/rlso/rlso_southwest.htm#top