Section 207(f) was also added to the Act by the 1989 Amendments. It imposes a one-year post-employment prohibition with respect to representation of foreign governments and political parties on all former Members of Congress and former legislative branch employees who are subject to section 207(e) (discussed immediately above), and on former senior and very senior employees of the executive branch, as those categories are defined under sections 207(c) and (d) (discussed under 1.11:630 and 11:640, above). The bar in question is a permanent one for anyone who serves as United States Trade Representative or Deputy Trade Representative. Section 207(f)(2).

As described under 1.11:600, above, subsection (j) of section 207 sets out seven general exceptions to some or all of the post-employment prohibitions contained in that section. The prohibition of subsection (f) is subject to only three of those exceptions, namely, nos. (1)—Official government duties; (3)—International organizations; and (6)—Testimony.

Section 207(f) goes beyond all the post-employment restrictions discussed above in that it prohibits not only appearances on behalf of a foreign government or political party but in-office activities such as counseling and drafting as well. Specifically, the provision prohibits both "represent[ing] a foreign entity before any officer or employee of any department or agency of the Government of the United States with intent to influence" that person’s official decisions, section 207(f)(1)(A), and "aid[ing] or advis[ing] a foreign entity with the intent to influence a decision of any [such] officer or employee," section 207(f)(1)(B). The OGE Summary (interpreting the provision only as it applies to Executive Branch employees) points out that this includes such "behind the scenes" activities as drafting a proposed communication to an agency, advising on an appearance before an agency, or consulting on strategies designed to persuade decision-makers to take certain agency action. Id. at 11. Such activities are prohibited, however, only if they are intended to help influence "an official discretionary decision of a current departmental or agency employee." Id.

Section 207(f)(3) defines the term "foreign entity" as meaning the "government of a foreign country" or a "foreign political party" as those terms are defined in the Foreign Agents Registration Act of 1938 ("FARA"), 22 U.S.C. § 611 et. seq. The "government of a foreign country," as defined under FARA, includes any "person or group of persons exercising sovereign de facto or de jure political jurisdiction over any country" as well as "any faction or body of insurgents within a country assuming to exercise governmental authority . . . [whether or not] recognized by the United States." 22 U.S.C. § 612(e). The definition extends as well to subdivisions and agencies of such governments, however named, to which sovereign authority or functions have been delegated. Id. "Foreign political party" is defined very broadly under FARA to include any "organization or other combination of individuals" whose "aim or purpose," even in part, is to control or influence the government of a foreign country. 22 USC § 611(f). The OGE Summary provides some limitation, stating that "[a] foreign commercial corporation will not generally be considered a `foreign entity´ . . . unless it exercises the functions of a sovereign." Id. at 11.

The "Clinton Pledge"
The "Clinton Pledge," Executive Order 12834, effectively extends the restrictions of section 207(f) in three respects. The commitments required of every "senior appointee" in every executive agency appointed on or after January 20, 1993, include these two pledges that relate to the restrictions imposed by section 207(f):

3. I will not, at any time after the termination of my employment in the United States Government, engage in any activity on behalf of any foreign government or foreign political party which, if undertaken on January 20, 1993, would require me to register under the Foreign Agents Registration Act of 1938, as amended.
4. I will not, within five years after termination of my personal and substantial participation in a trade negotiation, represent, aid or advise any foreign government, foreign political party or foreign business entity with the intent to influence a decision of any officer or employee of any executive agency, in carrying out his or her official duties.

     Id., sec. 1. In addition, the Executive Order requires the same pledge as no. 4, just quoted, from every "trade negotiator" who is not a senior appointee and has been appointed to a position in an executive agency on or after January 20, 1993. Id.

The term "senior appointee" is defined; the definition is set out in 1.11:630, above, and need not be repeated here.

The term "trade negotiator" is defined to mean a "full-time, non-career Presidential, Vice-presidential or agency head appointee . . . who personally and substantially participates in a trade negotiation as an employee of an executive agency." Id. , sec. 2(b).

The term "trade negotiation" is defined to mean a negotiation that the President determines to undertake to enter into a trade agreement with one or more foreign government, and does not include any action taken before that determination has been made. Id. , sec 2(i). (This definition is virtually identical to the definition of the same term under section 207(b) [discussed under 1.11:670, immediately below].)

The phrases "personal and substantial responsibility" and "personal and substantial participation" are defined in terms that incorporate by reference "`personally´ and `substantially´ as those terms are defined for purposes of sections 207(a) and (b) of title 18, United States Code." Id. , sec. 2(g). For discussion of those terms as there employed, see 1.11:610, above.

As to enforcement of the obligations imposed by the pledges prescribed by the Executive Order, see the discussion under the subcaption The "Clinton Pledge," in 1.11:600, above.