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Special Government Employee Serving as Paid Consultant to Saudi Company

OLCJanuary 13, 2016
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Case Details

Status — whether other courts must follow this ruling
Published
Procedural Posture — the stage the case had reached
OLC (Office of Legal Counsel) opinion

Related Laws

No specific laws identified for this ruling.

Outcome

Opinion addressing whether a special government employee providing advice to the Department of Commerce may accept a paid consulting position with a Saudi energy company without violating the Emoluments Clause, concluding that he does not hold an 'Office of Profit or Trust' under the United States.

Excerpt

A special government employee, retained to provide advice on behalf of the Department of Commerce to Middle Eastern countries that are reforming and harmonizing their laws, may accept a paid consulting position with a Saudi energy company without violating the Emoluments Clause, U.S. Const. art. I, § 9, cl. 8, because he does not hold an "Office of Profit or Trust under" the United States.

What This Ruling Means

**What Happened** A special government employee who advised the Department of Commerce on helping Middle Eastern countries reform their laws wanted to take a paid consulting job with a Saudi energy company. The question was whether this would violate the Constitution's Emoluments Clause, which prevents certain government officials from accepting payments from foreign governments or companies. **What the Court Decided** The Office of Legal Counsel determined that the employee could accept the paid consulting position without violating the Constitution. The ruling concluded that special government employees don't hold an "Office of Profit or Trust under the United States," which means the Emoluments Clause restrictions don't apply to them. **Why This Matters for Workers** This decision clarifies that part-time or temporary government workers (special government employees) have more flexibility to work for foreign companies than full-time federal employees. However, workers in this situation should still be careful about potential conflicts of interest and other ethics rules that might apply. Anyone considering similar arrangements should consult with their agency's ethics office to ensure they're following all applicable rules and regulations before accepting outside employment.

This summary was generated to explain the ruling in plain English and is not legal advice.

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