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5 CFR §2634.1007

Verified against eCFR.gov as of June 20, 2026View official text on eCFR.gov ↗
The Director of the Office of Government Ethics, in his or her sole discretion, may deny a request for a Certificate of Divestiture in cases where an unfair or unintended benefit would result. Examples of such cases include:
  1. (a)Employee benefit plans. The Director will not issue a Certificate of Divestiture if the property is held in a pension, profit-sharing, stock bonus, or other employee benefit plan and can otherwise be rolled over into an eligible tax-deferred retirement plan within the 60-day reinvestment period.
  2. (b)Tax-Deferred and Tax-Advantaged Accounts. The Director will not issue a Certificate of Divestiture if the property is held in an Individual Retirement Account, college savings plan (529 plan), or other tax-deferred or tax-advantaged account (e.g., 401(k), 403(b), 457 plans, etc.), which allow the account holder to exchange the property for permissible property without incurring a capital gain.
  3. (c)Complete divestiture. The Director will not issue a Certificate of Divestiture unless the employee agrees to divest all of the property that presents a conflict of interest, as well as other similar or related property that presents a conflict of interest under a Federal conflict of interest statute, regulation, rule, or Executive order. However, any property that qualifies for a regulatory exemption at part 2640 of this chapter need not be divested for a Certificate of Divestiture to be issued.
  4. (d)Property acquired under improper circumstances. The Director will not issue a Certificate of Divestiture:
    1. (1)If the eligible person acquired the property at a time when its acquisition was prohibited by statute, regulation, rule, or Executive order; or
    2. (2)If circumstances would otherwise create the appearance of a conflict with the conscientious performance of Government responsibilities.