Conflict of Interest Determination

COMDTINST 5370.9B

(2) The Reviewing Official and the Intermediate Reviewer (if assigned) shall examine the report

to determine, to his or her satisfaction, that each required item is completed; and no interest

or position disclosed on the report violates or appears to violate any applicable provision of

Chapter 11 of Title 18, United States Code; the Ethics in Government Act of 1978, as

amended; the Standards of Ethical Conduct for Employees of the Executive Branch, 5 C.F.R.

Part 2635; or any applicable DHS or Coast Guard directive. By OGE regulation, the review

must be conducted within 60 days of the date the CFDR is filed.

(3) Assistant Ethics Officials (identified in reference (a) as district legal officers, chiefs of legal

divisions in maintenance and logistics commands, legal officers or attorney-advisors

assigned to Headquarters and maintenance and logistics command units, and the Chief,

Office of General Law (G-LGL)) shall provide legal advice to the Reviewing Officials on

matters related to the CFDR system and the resolution of any conflicts of interest identified

during the CFDR review process. The Reviewing Official or the Intermediate Reviewer may

consult with the appropriate Ethics Official to make the determination described in paragraph

8.g.(2) above.

(4) If either the Intermediate Reviewer or the Reviewing Official believes that additional

information is required, he or she shall request the filer to submit such information by a

specified date not to exceed 15 days from the date of the request. This additional information

shall be made a part of the CFDR.

(5) If assigned, the Intermediate Reviewer, after completing his or her review of the report, shall

sign and date the CFDR in the space provided, and shall advise the Reviewing Official of any

potential conflicts of interest, errors, omissions or other discrepancies in the CFDR. The

Intermediate Reviewer need not audit the report to ascertain whether the disclosures are

correct. Disclosures shall be taken at face value as correct unless there is a patent omission

or ambiguity or the Intermediate Reviewer has independent knowledge of matters outside the

report. For Certificates of No New Interest (OGE 450-A), the Intermediate Reviewer shall

simply note the date the form was received. The Intermediate Reviewer shall forward the

CFDR or OGE 450-A to the Reviewing Official within 15 days of his/her receipt of it, unless

otherwise directed by the Reviewing Official.

(6) If the Reviewing Official concludes, on the basis of the information disclosed in the CFDR

and any additional information submitted, that the CFDR meets the requirements discussed

in paragraph 8.g.(2) above, he or she shall certify the report by signature and date. The

Reviewing Official need not audit the report to ascertain whether the disclosures are correct.

Disclosures shall be taken at face value as correct unless there is a patent omission or

ambiguity or the official has independent knowledge of matters outside the report. For

Certificates of No New Interest (OGE 450-A), the Reviewing Official shall merely indicate

the date the form was received (if an Intermediate Reviewer has not already done so).

h. Conflict of Interest Determination. If, after consultation with the appropriate Ethics Official, the

Reviewing Official concludes that information disclosed in the report and any additional

information creates a real or potential conflict of interest, the Reviewing Official shall:

(1) Notify the filer of that conclusion;