Applicability of the Emoluments Clause to Non-Government Members of ACUS

The Emoluments Clause of the Constitution prohibits non-government members of the Administrative Conference of the United States from accepting, absent Congress’s consent, a distribution from their partnerships that includes some proportionate share of the revenues generated from the partnership’s foreign government clients.

Non-government members of ACUS are also generally forbidden, absent Congress’s consent, from accepting payments from commercial entities owned or controlled by foreign governments.