COMDTINST 5730.3
d. The conflict of interest prohibitions in title 18 of the United States Code remain
applicable to Coast Guard detailees. For example:
(1) 18 U.S.C. 203 prohibits officers from seeking, accepting, or agreeing to receive or
accept compensation for any representational services, rendered personally or by
another, in relation to any particular matter in which the United States is a party or
has a direct and substantial interest, before an department, agency, or other specified
entity.
(2) 18 U.S.C 205 prohibits officers from personally acting as an agent or attorney for
anyone else before a department, agency, or court in connection with any covered
matter (judicial proceeding, application, contract, claim, investigation, charge, or
other particular matter) in which the United States is a party or has a direct and
substantial interest or from prosecuting any claim against the Federal Government.
It does not matter whether or not the officer is employed for compensation. The
statute also prohibits officers from receiving any gratuity or interest in such claim
for assistance in prosecuting such a claim. There are several exceptions to this law.
(3) Officers are prohibited by criminal statute, 18 U.S.C. 208(a), from participating
personally and substantially in an official capacity in any particular matter in which,
to their knowledge, they or any person or entity whose interests are imputed to them
by this statute have a financial interest, if the particular matter will have a direct and
predictable effect on that interest.
(4) Officers are prohibited by 18 U.S.C. 209 from receiving pay or allowances or
supplements of pay or benefits from any source other than the United States for the
performance of official service or duties unless specifically authorized by law. Note
that a task or job that is performed outside normal working hours does not
necessarily allow acceptance of payment for performing it. If the undertaking is
part of one's official duties, pay for its performance may not be accepted from any
source other than the United States regardless of when it was performed.
e. Numerous restrictions are placed on Coast Guard military personnel engaging in partisan
political activities. Coast Guard congressional detailees must ensure strict compliance
with applicable laws in Chapter 16.C. of reference (a). Officers shall acknowledge their
understanding of Chapter 16 prior to performing any duty as a congressional detailee.
f. Fellows should consult their designated Coast Guard ethics counselor and/or their
congressional supervisor, as required, to resolve any question of interpretation.
7. REQUESTS FOR CHANGES. Units and individuals may recommend changes to this
instruction by writing via the chain of command to: Commandant (G-ICA); U.S. Coast
Guard Headquarters; 400 7th St., SW; Room 10402; Washington, DC 20590.
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