Post Government Employment

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Conflict of Interest

Officers working for a firm that conducts business with the US government may be a conflict of interest. According to DOD Directive 5500.7-R, Joint Ethics Regulation, contact an ethics attorney at your local wing or base legal office to discuss whether there may be restrictions on your post-government employment with respect to companies doing business with the government. This is especially important if you are a program manager, deputy program manager, contracting officer, or have been involved in source selections.

Foreign Employment

ALL military members must obtain approval from their Service Secretary and the Secretary of State's office PRIOR to becoming employed by any/all foreign governments and/or countries. This is the member's responsibility. Retired regular military officers and enlisted personnel, as well as Reservists and National Guard members who look to accept employment, salary, fees, travel expenses, gifts etc. from a foreign government or any subsidiary thereof will need to contact a Judge Advocate or ethics attorney at their local wing or base legal office to discuss its implications.

In accordance with the Emoluments Clause of the Constitution (codified at 37 U.S.C. 908), retirees who wish to accept emoluments (salary, fees, or profit from employment or office), offices, or titles from a foreign government or any subsidiary thereof must obtain prior approval from the Secretary of the Air Force and the Secretary of State. There are certain situations in which an employee will be deemed to have received an emolument where the payment is indirectly received from a foreign state. Such scenarios include consulting, law, or other partnership distributions, as well as payments from domestic professional corporations.

Failure to properly apply for approval may lead to recoupment of the member’s retired pay. Certain foreign corporations, universities, international organizations, and even acting as a consultant may all be construed as “operation under foreign control” as determined by the Department of Justice’s Office of Legal Counsel and also require adjudication.

If there is any question as to the implications of the member’s post-service employment/employer, it is in the best interest of the retiree to contact legal counsel before acceptance and determine the appropriate path to ensure full retention of all retirement benefits.

For all applicable forms, documents and submission options necessary for a Foreign Government Employment application please visit www.retirees.af.mil.