This distinction between a particular matter of general applicability and those that involve specific parties can be important for those SGEs serving on FACA (Federal Advisory Committee Act) committees. These SGEs are covered by certain exceptions from section 208. The most significant of these is 5 C.F.R. 2640.203(g) which permits SGEs serving on FACA committees to participate in particular matters of general applicability where the disqualifying financial interest arises from the SGE's non-Federal employment or prospective employment. (Link to 5 C.F.R. 2640.203(g) for more information)
This exception is subject to several important limitations:
- the matter cannot have a "special or distinct effect" on either the SGE or the SGE's non-Federal employer, other than as part of a class and;
- the exception does not cover interests arising from the ownership of stock or other financial interests in the employer or prospective employer, and;
- the non-Federal employment must involve an actual employee/employer relationship as opposed to an independent contractor (such as certain consulting positions).