THE WHITE HOUSE

WASHINGTON

February 28, 2017

The Honorable Walter M. Shaub, Jr.
Director

US. Of?ce of Government Ethics
1201 New York Avenue, NW

Suite 500

Washington, DC 20005

Dear Mr. Shaub:

Thank you for your letter of February 13, 2017, regarding the Administration?s
compliance with the Standards of Of?cial Conduct for Employees of the Executive Branch
(?Standards of Conduct?). Please accept this correspondence as a continuation of my February
9, 2017 telephone conversation with Mr. David J. Apol, General Counsel of the US. Of?ce of
Government Ethics after I was unsuccessful in my initial efforts to reach you by telephone.

As we have previously discussed, this Administration is committed to complying with the
ethical obligations set forth in the Standards of Conduct. We note initially that although many
regulations promulgated by the Of?ce of Government Ethics do not apply to
employees of the Executive Of?ce of the President, the Of?ce of the White House Counsel has
instructed all such employees to abide by 3 CF 100.1 which provides: ?Employees of the
Executive Of?ce of the President are subject to the executive branch-wide standards of ethical
conduct at 5 CFR Part 2635, and the executive branch-wide ?nancial disclosure regulations at
5 CFR Part 2634.?1

To that end, the Of?ce of the White House Counsel continues to work to provide all
employees of the Executive Of?ce of the President with direct instruction on the standards they
are expected to follow during their employment at the White House. We have been providing

 

1 The Ethics in Government Act of 1978 states that the Director of the OGE is authorized only to provide overall
direction of Executive branch policies related to of?cers and employees ?of any executive agency, as de?ned in
section 105 of title 5, United States Code." See 5 U.S.C. App. 402(a). Thus, while employees of the White House
Of?ce are not agency ?employees? as referred to in 5 CFR. 2635.702(c) and as de?ned by 5 CF 
the Of?ce of the White House Counsel has instructed all employees of the White House Of?ce that they are still
subject to 5 CFR Part 2635 by operation of3 loo. 1.

specialized training to individual components within the Executive Of?ce of the President on
disclosure issues, con?icts of interest, gifts, travel, the Presidential Records Act, the STOCK
Act, use of of?cial resources and position (personal and political), the Hatch Act, outside
income, and post-employment issues. We are also continuously advising employees on an
individual basis as questions arise in the course of their official duties.

In addition, on January 28, 2017, the President issued an Executive Order on Ethics
Commitments by Executive Branch Appointees (130 13770), which imposes signi?cant
additional ethical obligations on those who join the Administration. This of?ce has also issued
written guidance to all employees of the Executive Of?ce of the President on a number of issues
including the Standard of Conduct?s prohibition on using one?s official position to endorse any
product, service, or enterprise.

The Office of the White House Counsel also takes seriously its role in reviewing
allegations of purported individual violations of the Standards of Conduct and recommending
appropriate corrective or disciplinary action as it deems apprOpriate. Consistent with this
commitment to ethical compliance, the Of?ce of White House Counsel immediately undertook a
review of the facts and circumstances surrounding comments made by Counselor to the President
Kellyanne Conway, relating to the business interests of the President?s daughter Ivanka Trump,
during a February 9, 2017 appearance on a news program.2 As part of the subsequent review, I
have personally met with Ms. Conway to review the Standards of Conduct that employees of the
Executive Of?ce of the President are expected to follow, including the provisions relating to the
appropriate use of one?s of?cial position.

Upon completion of our inquiry, we concluded that Ms. Conway acted inadvertently and
is highly unlikely to do so again. It is noted that Ms. Conway made the statement in question in
a light, off-hand manner while attempting to stand up for a person she believed had been unfairly
treated and did so without nefarious motive or intent to bene?t personally. Both before and after
receiving your letter, I personally met with Ms. Conway and advised her that her comments
regarding Ms. Trump?s products implicated the prohibition on using one?s of?cial position to
endorse any product or service. Ms. Conway has acknowledged her understanding of the
Standards and has reiterated her commitment to abiding by them in the future.

 

2 You will recali, and Mr. Apol will con?rm, that at approximately 9:45 am on the morning of February 9, shortly
after Ms. Conway?s statement, our of?ce contacted Mr. Apol to advise OGE that the Of?ce of. the White House
Counsel was aware of Ms. Conway?s comments and would be reviewing the matter internally.

We look forward to continuing to work with you and the Of?ce of Government Ethics to
ensure compliance with the highest ethical standards throughout Government.

g?

Stefan . Passantino
Deputy Counsel to the President,
Compliance and Ethics

Sincerely,

   

cc: The Honorable Jason Chaffetz
The Honorable Elijah E. Cummings
Ms. Kellyanne Conway