Sample White Paper

10
requires advance approval from the Service Secretary and the Secretary of State. This statute
does not extend to non-retired Reservists.
34
V. Getting Advance Approval for an Emolument from a Foreign Government
If current personnel violate the Emoluments Clause by accepting a salary, payment or gift
in excess of the minimal value from a foreign state, they would be subject to debt collection
procedures. That is because the Congress has not consented to current employees’ accepting
such foreign payments or gifts. By contrast, Congress has consented to permitting retired
military personnel to accept foreign state salary, payment or gifts in excess of the minimal value
provided that advance approval is obtained from the Service Secretary and the Department of
State.
35
The process for obtaining advance approval is slightly different for each of the Services
and requires contacting specific components within each Service as follows:
a. Air Force
The Department of the Air Force Instruction, AFI 36-2913, Request for Approval of
Foreign Government Employment (19 Nov. 2003), provides guidance and explicitly requires
advance approval from the Secretary of the Air Force and the Secretary of State for military
retirees to accept an emolument. To request advance approval, contact:
AFPC/DPSOR
550 C Street West
Joint Base San Antonio-Randolph, TX 78150-4739
Telephone: COM 210-565-2461 or DSN 665-2461
b. Army
An Army regulation
36
governs the need for and process by which a military retiree should
obtain advance approval before working for a foreign government.
37
To request advance approval, contact:
34
See 0505 of Volume 7B, of Chapter 5, http://www.defenselink.mil/comptroller/fmr/07b/index.html (last
viewed on September 10, 2012).
35
37 U.S.C. 908.
36
AR 600-291.
37
See http://www.apd.army.mil/pdffiles/r600_291.pdf(last viewed on September 10, 2012).
Page 10/17
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