U.S. Department of the Treasury

DATE: March 19, 2015

ADMINISTRATIVE EDIT: April 1, 2020

SUBJECT: Reporting Post-OIA Employment with Foreign Government Entities

1. PURPOSE. This directive implements Section 305 of the Intelligence Authorization Act for Fiscal Year 2015, which requires individuals who occupy covered positions within the Treasury Department’s Office of Intelligence and Analysis (OIA) to report employment with foreign government entities for two years after separation from OIA.
2. SCOPE. This Directive applies to all OIA employees.
3. DEFINITIONS.
   1. Covered employment: Direct employment by, representation of, or the provision of advice relating to national security to the government of a foreign country or any person whose activities are directly or indirectly supervised, directed, controlled, financed, or subsidized, in whole or in major part, by any government of a foreign country.
   2. Covered position: Any OIA employee who has access to Top Secret/Sensitive Compartmented Information (TS/SCI).
   3. OIA employee: An individual directly hired by OIA or detailed to OIA from another U.S. government agency. This does not include contractors working in OIA.
4. POLICY.
   1. All OIA employees are required to report in writing covered employment for a period of two years after separating from OIA. This report must be made upon accepting covered employment, on an at least annual basis thereafter, and as otherwise specified.
   2. The requirement to report covered employment to OIA is in addition to any other reporting requirements that may apply, including if Section 305 requires the employee to report to another agency during some or all of the two-year period. This requirement also applies to employees from another U.S. government agency assigned on detail to OIA, who return to their parent agency, then separate from government service. In these cases, the individual must report covered employment to OIA if they accept covered employment within two years of the detail assignment to OIA.
   3. OIA will brief employees on this reporting requirement when they begin their OIA service. OIA will also reiterate the requirement in periodic training.
   4. The Section 305 reporting requirements are in addition to existing ethics statutes and regulations. Employees must continue to comply with all applicable ethics rules, including those concerning outside activities, seeking and negotiating for employment (including any associated reporting requirements), and restrictions on post-employment activities.
   5. When a covered employee separates from OIA, OIA personnel ordinarily will brief the individual on reporting responsibilities. The separating employee will be required to sign an agreement to report covered employment in writing. The separating employee will be provided an unclassified email address or similar contact means to be used in the event reporting becomes necessary. OIA will retain the original signed agreement and provide a copy to the separating individual. OIA will ensure signed agreements are made part of each individual’s security file.
5. DELEGATION. By virtue of the authority vested in me as the Assistant Secretary of OIA, including the authority in 31 U.S.C. § 311-312, I hereby delegate the authority to administer and enforce the requirements contained in this directive to the Deputy Assistant Secretary for Security and Counterintelligence (DAS S&CI).
6. RESPONSBILITIES.
   1. The responsibilities of the DAS S&CI under this Directive are:
      1. Providing policy oversight;
      2. Implementing this Directive;
      3. Informing or taking steps to ensure that OIA employees are informed of reporting requirements in this policy when they begin their OIA duties;
      4. Reminding or taking steps to ensure that OIA employees are reminded of these reporting requirements at appropriate intervals as part of OIA security and CI training;
      5. Briefing employees separating from OIA on these reporting requirements; and
      6. Retaining or taking steps to ensure reporting agreement forms and reports of covered employment are retained in accordance with applicable requirements.
   2. All OIA employees are responsible for:
      1. Complying with the reporting requirements stated in this Directive;
      2. Signing the agreement to report covered employment in the format prescribed by the DAS S&CI; and
      3. Complying with all applicable ethics rules during and after employment with OIA.
7. AUTHORITIES. The National Security Act of 1947, as amended; 31 U.S.C. § 311-312; Section 305, “Intelligence Authorization Act for Fiscal Year 2015,” December 19, 2015; and other applicable provisions of law.
8. OFFICE OF PRIMARY INTEREST. Office of Intelligence and Analysis.