What is the Emoluments Clause?
• The Emoluments Clause of the U.S. Constitution prohibits Government employees, including certain SGEs, from accepting any title, office, position, employment, emolument or gift from a foreign government or political subdivision of a foreign government, including certain public universities or commercial enterprises owned or operated by a foreign government, absent Congressional consent. Congressional consent for exceptions is found in the Foreign Gifts and Decorations Act (FGDA). • Emoluments include salary, honoraria, transportation, per diem allowances, household goods, shipment costs, and housing allowances. • Exceptions include gifts less than $305, or gifts that cover an educational scholarship, medical treatment, or expenses for travel taking place entirely outside the U.S. (including hotel and meal reimbursements in the foreign country, but not airfare for flights originating or terminating in the United States). What foreign activities should I report under Question 1 of the