FOREIGN ACTIVITIES QUESTIONNAIRE
This form is intended for use by members of Federal advisory committees who are subject to legal restrictions concerning foreign
activities. These limitations apply to all advisory committee members except for those who serve strictly in a representative
capacity (e.g., industry representatives) AND do not receive appointments as special Government employees. All other committee
members are subject to the restrictions, regardless of the hiring mechanism used to obtain the member’s services (e.g., a personnel
appointment or a consulting contract). This form may also be used by ethics officials to gather information from full-time
employees who have requested authorization for an outside activity that may involve a foreign entity. The foreign activities
restrictions are described below.
The Emoluments Clause. This provision of the United States Constitution prohibits anyone who holds an “Office of Profit or Trust” in the
Government from accepting a position with a foreign state, whether compensated or uncompensated, or from accepting any compensation or other
items of value, including salary, honoraria, and travel expenses, from a foreign state, except as authorized by Congress. The Department of
Justice has advised that members of Federal advisory committees are deemed to hold an “Office of Profit or Trust” within the meaning of the
Emoluments Clause unless they serve strictly in a representative capacity. For purposes of the Emoluments Clause, a “foreign state” is deemed to
include an international organization in which the United States in NOT a member. In addition, a foreign public university is presumed to be
part of the foreign state, unless the university is independent of the foreign government with respect to decisions regarding the terms and
conditions of faculty appointment. In all cases, the employee or committee member will bear the burden of obtaining and providing to the agency
information sufficient to make such determinations.
The Foreign Gifts and Decorations Act. Under this statutory provision, Congress has authorized employees, including advisory committee
members, to accept items from a foreign government that do not exceed “minimal value” (currently $390). This figure is adjusted periodically
for inflation; agency staff responsible for the committee can provide the most current information on minimal value. Tangible items over
minimal value that have been accepted must be turned in to the agency and become Government property. The Act authorizes acceptance of
items over minimal value when such items consist of an educational scholarship, medical treatment, or expenses for travel taking place entirely
outside the United States (thus, permitting hotel and meal reimbursements in the foreign country, but not airfare for flights originating or
terminating in the United States). By statute, Congress has extended to spouses and dependent children of employees the ban on gifts over
minimal value; however, they are not covered by the ban on holding titles or positions or from accepting salary or compensation for services
performed for a foreign state.
Foreign Agent Prohibition. An employee cannot act as an “agent of a foreign principal,” as defined by the Foreign Agents Registration Act
(FARA), or as a “lobbyist” for a foreign entity required to register under the Lobbying Disclosure Act (LDA). The FARA ban prohibits
representation of a foreign government or foreign political party before the United States Government as well as other activities conducted on
behalf of foreign entities with respect to influencing the United States Government or public. The FARA contains an exception for activities in
furtherance of bona fide religious, scholastic, academic, or scientific pursuits. The LDA ban prohibits lobbying of a covered legislative or
executive branch United States official on behalf of certain foreign entities.
Name:
Committee Assignment:
(or employee title)
Daytime Telephone:
Mailing Address:
E-mail Address:
(Optional)
1. Describe any activities you are currently undertaking, or expect to undertake during your tenure on a Federal advisory committee (or as
a Federal employee), involving a foreign government, including a foreign public university or government-owned corporation. Such
activities include consulting work, receipt of grants or contracts (directly or through your domestic employer), faculty appointments,
lectureships, or the holding of an office, title, or position.
If none, check here.
HHS-697 (01/17)
(Continued)
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