Reading Room Document

Ability of Intermittent Consultant to United States to hold similar position under a foreign government

The document discusses the retention of an intermittent consultant by the Department of the Treasury for a period of twelve months. It addresses the consultant's intention to continue working for a foreign government while serving the Treasury. The document concludes that the consultant would not be considered an officer in the constitutional sense, and therefore, the prohibitions of Article I, section 9, clause 8 of the Constitution would not apply. It also raises questions about whether the consultant's receipt of compensation from a foreign government would violate 5 U.S.C. 7342 and the regulations issued pursuant to that section. Additionally, it discusses the ambiguity in the Treasury regulations regarding the acceptance of emoluments from foreign governments by intermittent employees. The document recommends that the Department of Justice advise the Department of the Treasury on the permissibility of the consultant's continued acceptance of compensation from a foreign government.

August 7, 1974