advisory committee are serving in a representative capacity and not as employees of the Department. Persons serving in a representative capacity are not subject to the conflict of interest laws, but they should nonetheless be guided by the considerations in this part covering such points as use of inside information, abuse of office and gifts. § 0.735-222 Responsibility of the individual special Government employee. Each person appointed as a special Government employee in the Treasury Department is responsible for: (a) Familiarizing himself with the contents of this part and the applicability of the conflict of interest statutes in his particular case. (b) Seeking advice and assistance in interpreting the laws and instructions in case he has any questions concerning them. (c) Being alert to the possibility of conflicts of interest. (d) Furnishing the Department with information concerning his financial interests and keeping this information current. PROCEDURES TO BE FOLLOWED IN THE DEPARTMENT § 0.735-230 Information and assistance to special Government employees and their supervisors. Each special Government employee appointed in the Department and each supervisor of a special Government employee will be given a copy of this part and will be required to familiarize himself with the conflict of interest laws and the provisions of the instructions applicable to him. If a special Government employee or prospective special Government employee or a supervisor desires assistance in interpreting the instructions or laws, he will be referred to the Chief Counsel or General Counsel. Either of the latter may refer questions of ethical judgment to the Advisory Committee on Ethical Standards. The committee is identified in Treasury Order No. 215. this part may occur, at the time of initial employment and each reappointment thereafter each special Government employee who is a consultant or adviser will be required to supply a statement of (1) all other employment and (2) the financial interests of the special Government employee which the head of the bureau or office in which he serves determines are relevant in the light of the duties he is to perform, including, but not limited to, the name of companies in which he has a significant financial interest, and the nature of such financial interest. Each statement of financial interests will be forwarded to the General Counsel through the Advisory Committee on Ethical Standards along with a statement of the duties which the proposed special Government employee will be assigned. (b) The supervisor of the special Government employee should review the statement of employment and financial interests in relationship to the duties to be performed and initially determine that no conflict of interest exists prior to submission of the material to the Advisory Committee. Accordingly, such statements must be kept current during the period the special Government employee is on the Government rolls. Changes in, or additions to, the information contained in an employee's statement of employment and financial interests shall be reported in a supplementary statement to be furnished 6 months after the date of employment. If no changes or additions occur, a negative report is required, and the notation "no change" should be made on the form. (c) The Department official or bureau head appointing a member of an advisory board or committee to serve in an individual rather than a representative capacity, may (1) waive disclosure of financial information when he considers that such information is not relevant to the advisory duties of the board or committee, or (2) waive disclosure of financial information except that which is relevant to the advisory duties of such board or committee. Such waiver or partial waiver is for the convenience of the Department and shall in no instance be considered a substitute for the exemption procedures described under "Applicability of 18 U.S.C. 208" in this subpart. If the official or bureau head elects to waive or partially waive disclosure of information as described in this paragraph § 0.735-233 Resolution of cases involv. ing a conflict or apparent conflict of interest. When a situation arises which indicates a conflict of interest or apparent conflict of interest and the matter is not resolved, information about the situation will be reported to the General Counsel, who in turn will report to the Secretary. In any such situation, the special Government employee shall be provided an opportunity to explain the conflict or appearance of conflict. § 0.735-234 Disciplinary and other remedial action. A violation of the regulations in this part may be cause for appropriate remedial action which may be in addition to any penalty prescribed by law. Remedial action may include, but is not limited to: (a) Change in assigned duties; (b) Disqualification for a particular assignment; (c) Divestment by the special Government employee of his conflicting interest; (d) Disciplinary action. $ 0.735-235 Legal interpretation. Whenever the General Counsel and the General Counsel of the Civil Service Commission believe that a substantial legal question is raised by the employment of a particular special Government employee as a consultant or adviser, the General Counsel will advise the Department of Justice, through the Office of Legal Counsel, in order to insure a consistent and authoritative interpretation of the law. § 0.735-236 Safeguard of information. Statements of employment and financial interests, and supplementary statements shall be held in confidence. To insure this confidentality, bureaus and offices shall designate which employees are authorized to review and retain the statements. Employees so designated are responsible for maintaining the statements in confidence and shall not allow access to, or allow information to be disclosed from, a statement except to carry out the purpose of this part. Information from a statement may not be disclosed except as the Civil Service Commission or the Secretary of the Treasury may determine for good cause shown. Subpart C-Additional Rules and Guidelines Applicable to Employees Stationed in Foreign Countries GENERAL PROVISIONS § 0.735-300 Purpose. This subpart sets forth additional rules and guidelines applicable to employees and special Government employees stationed in foreign countries. Treasury employees and special Government employees on official duty in foreign countries are both representatives of the Treasury Department and the United States Government and guests of the country in which they serve. This subpart is intended simply to emphasize these points. § 0.735-302 General provisions_governing conduct in foreign countries. Treasury employees and special Government employees should familiarize themselves with the standards of conduct for State Department personnel overseas and be guided accordingly. The most important provisions regarding conduct, not otherwise covered in this subpart, are contained in §§ 0.735-3100.735-316. Since application of the standards may vary slightly in different countries due to local differences, Treasury employees and special Government employees should look to the State De partment embassy for the country in which service is being performed for guidance, interpretation and assistance. SPECIFIC RULES OF CONDUCT § 0.735-310 Basic rule of conduct. Treasury employees and special Government employees are obligated to obey the laws of the country in which they are assigned and to observe the rules of moral and courteous conduct in their official and personal lives. § 0.735-311 Applicability to American employees. Each head of a Treasury organization overseas shall insure that all employees and special Government employees under his jurisdiction have read and are familiar with the provisions of this part. § 0.735-312 Applicability to members of families. Restrictions placed on Treasury employees and special Government employees with respect to speeches, interviews and participation in activities abroad also shall apply to those members of the family of the employee and special Government employee who normally reside with him and are dependent on him. An employee or special Government employee shall be held to strict accountability for the actions of his family. Members of an employee's or special Government employee's family shall avoid expressing views which are unfriendly to or critical of the United States or the host country, their Governments, institutions, or people, either to or in the presence of persons of a foreign nationality. They shall, in addition, refrain from engaging in, or associating closely with, groups of people or organizations engaged in activities which are inimical to or embarrassing to the Government of the United States. try to which they are assigned. (This restriction does not apply to alien spouses who may continue to vote in their own countries.) § 0.735-315 Acceptance of employment by a member of a family. Members of the family of a Treasury employee or special Government employee overseas shall not transact or be interested in any business or engage for profit in any profession in the country to which the employee or special Government employee is assigned without the approval of the bureau concerned. Bureaus may make certain exceptions to this with respect to employment for the U.S. Government. § 0.735-316 Sale of personal automobiles and other personal property. The following provisions apply to all American employees and special Government employees regardless of agency, attached to United States embassies and constituent posts: (a) The importation, sale or export of personal property including automobiles of American employees and special Government employees and their dependents must be in accordance with the laws, regulations and conventions of the host country. (b) Personal property, including motor vehicles, brought to posts abroad by American employees and special Government employees must be for their bona fide personal use or that of their dependents, and not with intent of sale or transfer. (c) Automobiles purchased for shipment to new posts of assignment should be unostentatious in appearance and modestly equipped. (d) The employee or special Government employee will not be permitted to sell his personal property, including motor vehicles, at an amount in excess of the price he paid for it plus any taxes and customs paid by him, or for any valuable consideration in excess of the total of these amounts. However, an employee or special Government employee need not sell his personal property, including motor vehicles; he may export it, at his own or U.S. Government expense, under pertinent travel or shipping regulations. He must export it if required to do so by local law, local government regulation, or rules established by the ambassador. (e) Full responsibility rests with the ambassador for controlling the importation and sale of personal property by all American employees or special Government employees attached to the embassy or constituent posts. He will issue and ensure compliance with local regulations consistent with policy prescribed herein and with other applicable regulations. (f) Since conditions surrounding the importation and sale of personal property, including motor vehicles, vary widely country by country, Treasury must rely on the ambassador to issue detailed local regulations and procedures tailored to meet unique local situations. In issuing such local regulations and procedures consideration should be given to the following alternatives among others available to the ambassador. The ambassador may (1) Limit or prohibit importation of certain kinds of personal property. (For example, he may limit the number or frequency of motor vehicles imported.) (2) Limit classes of persons to whom sales may be made. (For example, he may arrange for personal property cales to the host government, or to the U.S. Mission's commissary or employee association for use or rental by it.) (3) Limit the conversion of currency realized from the sale of personal property. (4) Require the exportation of personal property at Government or the employee's or special Government employee's expense under applicable travel or shipping regulations. ADVICE AND COUNSELING § 0.735-320 Responsibility for guid ance and assistance. Supervisors in charge of Treasury activities overseas are responsible for providing guidance and assistance to their employees and special Government employees regarding conduct in such overseas activities. In the event the supervisor in the overseas location needs assistance and guidance or interpretation, he should first look to the State Department representative in the overseas country. If that is not possible or if he needs further assistance he should contact his bureau head. Bureaus may refer questions on the regulations in this part to the Director of Personnel who will confer with the State Department where necessary to assure uniformity of Regional Commissioners of Customs. Deputy Assistant Regional Commissioners (Classification and Value). Deputy Assistant Regional Commissioners (Inspection and Control). Deputy Assistant Regional Commissioners (Financial Management). Regional Counsels. District Directors. Assistant District Directors. Assistant Special Agents in Charge. Deputy Special Agents in Charge. Resident Agents. Senior Resident Agents. Directors, Field Audit. Assistant Directors, Field Audit. Members and Supervisors of Import Specialist Teams, GS-13 and above. Employees in Grades GS-15 and above and persons in comparable or higher positions not subject to the Classification Act, not otherwise identified above, except: Director, Office of Planning and Research. Planning and Research Officer, Office of Planning and Research. Director, Personnel Management Division. Assistant to the Commissioner (Security). Assistant to the Commissioner (Foreign Customs Assistance). Director, Management Analysis Division. Bureau of Engraving and Printing Director, Bureau of Engraving and Printing. Employees in Grade GS-13 and above who are responsible for making a Government decision or taking a Government action in regard to contracting or procurement. Internal Revenue Service All Staff Assistants in the Office of the Commissioner. Assistant Commissioners. Deputy Assistant Commissioners. Office of Assistant Commissioner (Compli Superintendents and Assistant Superintend ents, Philadelphia and Denver Mints and New York Assay Office. Officers in Charge, San Francisco Assay Office and Fort Knox Bullion Depository. Assistant Officer in Charge, San Francisco Assay Office. Bureau of the Public Debt Assistant Commissioner of Public Debt. Assistant Chief Counsel. U.S. Savings Bonds Division Chief, Office Services. U.S. Secret Service Assistant Director for Administration. Deputy Assistant Director for Administration. Chief, Financial Management Division. Office of the Treasurer, United States |