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(c) The appropriate General Counsel this part, an employee may accept gifts shall assist the Directorate of Adminis of more than minimal value, tendered tration in matters relating to the in as a souvenir or mark of courtesy. terpretation and application of the
where it appears that refusal of the gift Act, and these and any related regula
would likely cause offense or embartions, and shall provide counseling and
rassment or otherwise adversely affect interpretation regarding the Act, and
the foreign relations of the United these and any related regulations, to
States. Otherwise, an employee, when employees.
offered a gift of more than minimal (d) The Inspector General shall investigate suspected violations of these
value from a foreign government, other
than a gift designated in paragraph (c) regulations pursuant to $ 1050.303 below.
of this section, should advise the donor Subpart B-Guidelines for Accept
that acceptance of such gifts by the
employee is contrary to the policy of ance of Foreign Gifts or Deco
the United States. If a gift described in rations
this paragraph is accepted by an em8 1050.201 Policy against accepting for
ployee and not immediately returned eign gifts or decorations.
thereby, it shall be deemed to have (a) The Constitution of the United
been accepted on behalf of the United States, Article I, section 9, clause 8,
States. Upon acceptance it becomes the provides that “* * * no Person holding
property of the United States. Within any Office of Profit or Trust under 60 days after acceptance by the em*** [the United States), shall, with ployee, the gift shall be deposited with out the consent of the Congress, accept the Directorate of Administration for of any present, Emolument, Office, or disposal or official Departmental use Title, of any kind whatever, from any as determined by the Directorate of *** foreign State.” In the Foreign Administration, in accordance with Gifts and Decorations Act the Congress $1050.302 of this part, and an approconsented to the acceptance by Federal priate statement shall be filed by the employees of gifts and decorations with
employee in accordance with certain constraints and under certain
$ 1050.301(a) of this part. procedures. Acceptance of any gift or
(c) Subject to the prior approval redecoration not consistent with this
quirements described in $ 1050.204(a) of Act, the Department of Energy Organi
this part, an employee may accept and zation Act, or the regulations in this
retain gifts of more than minimal part is prohibited. (b) No employee shall request or oth
value: erwise encourage the tender of a gift or
(1) Where the gift is in the nature of decoration from a foreign government.
an educational scholarship. No employee shall accept a gift or (2) Where the gift is in the form of decoration from a foreign government medical treatment. except as provided in 88 1050.202 or An employee accepting a gift pursuant 1050.203 of this part and in accordance to this paragraph shall file an approwith the additional procedures set priate statement in accordance with forth in $$ 1050.204 and 1050.301 of this $1050.301(a) of this part. part.
(d) An employee may accept gifts $ 1050.202 Allowable acceptance of
(whether or not of minimal value) of gifts.
travel or expenses for travel (such as (a) An employee may accept and re
transportation, food, lodging, or entertain gifts from foreign governments
tainment) taking place entirely outwhere the gift is tendered or received
side of the United States where the as a souvenir or mark of courtesy, and
provision of such travel or expenses is is of minimal value. Initial responsi
in accordance with diplomatic custom bility for determining the value of a
or treaty and where the Head of the gift lies with the employee.
employee's Office grants prior written (b) Subject to the prior approval re- approval. A spouse or dependent may quirements described in $ 1050.204(a) of accept gifts of travel or travel expenses
the Directorate of Administration for disposal or official Departmental use as determined by the Directorate of Administration in accordance with $1050.302 of this part.
when accompanying the employee, provided this is done with the prior written approval of the Head of the employee's Office. The Head of the employee's Office shall consult with the appropriate General Counsel in connection with granting approval under this paragraph. Travel or expenses for travel may not be accepted merely for the personal benefit, pleasure, enjoyment, or financial enrichment of the individual involved. An appropriate statement shall be filed in accordance with $ 1050.301(b) of this part. When any portion of the travel (such as the origination or termination of a flight) is within the United States, it may not be paid for by a foreign government, except as set forth in paragraph (e) of this section.
(e) Pursuant to section 652 of the DOE Organization Act, an employee may accept gifts from the International Atomic Energy Agency or other energy-related international or ganizations (e.g., the Nuclear Energy Agency and the International Energy Agency) covering transportation expenses to or from a foreign country in connection with scientific or technical assistance projects of such agencies for which the Department of Energy has lead U.S. Government agency responsibility. Such gifts may be accepted only with the prior written approval of the Head of the employee's Office, who is hereby delegated authority to accept such gifts in accordance with section 652.
$1050.204 Advance approval for ac
ceptance of gifts or decorations. (a) If an employee is advised that a gift of more than minimal value as described in $ 1050.202 (b) or (c) is to be tendered to him or her, the employee shall, if time permits, request the written advice of the Directorate of Administration regarding the appropriateness of accepting or refusing the gift. A request for approval shall be submitted to the Directorate of Administration in writing, stating the nature of the gift and the reasons for which it is being tendered. The Directorate of Administration shall consult with Assistant Secretary for International Affairs and the appropriate General Counsel in connection with advising the employee. If such advice cannot be obtained and refusal of the gift would likely cause offense or embarrassment or otherwise adversely effect the foreign relations of the United States, the gift may be accepted, but the Directorate of Administration shall be informed as soon as possible. In either event, the employee shall proceed as provided in $1050.202 and 1050.301 of this part.
(b) Where an employee is notified of the intent of a foreign government to award him a decoration for outstanding or unusually meritorious service, approval required under $ 1050.203 should be obtained prior to acceptance of the award. A request for approval shall be submitted to the Directorate of Administration in writing, stating the nature of the decoration and the reasons for which it is being awarded. The Directorate of Administration shall consult with the Assistant Secretary for International Affairs and the appropriate General Counsel. If time does not permit the employee to obtain approval for the award of the decoration before its receipt, the employee may accept it, but shall seek such approval immediately thereafter.
$ 1050.203 Acceptance of decorations.
(a) An employee may accept, retain and wear a decoration tendered by a foreign government in recognition of active field service in time of combat operations or awarded for other outstanding or unusually meritorious performance.
(b) Acceptance of a decoration in accordance with paragraph (a) of this section shall be reviewed and approved by the Directorate of Administration in accordance with $1050.204 of this part. Otherwise, it will be deemed to have been accepted on behalf of the United States, shall become the property of the United States, and shall be deposited, within 60 days of acceptance, with
Subpart C-Procedures and
(b) Whenever possible, the gift or Enforcement
decoration shall be returned to the
original donor. The Directorate of Ad$ 1050.301 Reports.
ministration shall examine the cir(a) Within 60 days of accepting a gift
cumstances surrounding its donation, of more than minimal value, other
and, in consultation with the Assistant than gifts of travel or travel expenses,
Secretary for International Affairs, aswhich are covered in paragraph (b) of
sess whether any adverse effect upon this section, an employee shall, in ad
the United States foreign relations dition to depositing a tangible gift (e.g.
might result from return of the gift or wearing apparel, liquor, etc.) with the
decoration to the donor. The approDirectorate of Administration in ac
priate officials of the Department of
State shall be consulted if the question cordance with $ 1050.202 of this part, file with the Directorate of Administration
of an adverse effect arises. a statement concerning the gift con
(c) The Directorate of Administrataining the information identified on
tion may determine that the gift or the sample form set forth in appendix
decoration may be retained for the offiI. The form set forth in appendix I
cial use of the Department, if it can be must also be filed if the aggregate
properly displayed in an area at Headvalue of gifts accepted by the recipient
quarters or at a field facility accessible from all sources over any period of one
to employees or members of the public year exceeds $250.
or if it is otherwise usable in carrying (b) Within 30 days after accepting
out the mission of the Department. travel or travel expenses in accordance
The Assistant Secretary for Interwith $1050.202 of this part, an employee
national Affairs shall be consulted to shall file with the Directorate of Ad
determine whether failure to accept ministration a statement concerning
the gift or decoration for the official the travel containing the information
use of the Department will have an adidentified on the sample form set forth verse effect on the foreign relations of in appendix II. Such a statement need
the United States. In no case shall a not be filed, however, if the travel is in
gift or decoration be accepted for the accordance with specific travel ar
official use of the Department when rangements made by the Department the enjoyment and beneficial use of the in cooperation with the foreign govern
gift will accrue primarily to the benment.
efit of the donee or any other indi(c) The Directorate of Administra
vidual employee. Gifts or decorations tion shall:
that are retained for the official use of (1) Maintain the statements filed pur
the Department shall be handled in acsuant to these regulations and make cordance with the provisions of parathem available for public inspection graph (d) of this section when their ofand copying during regular business ficial use is ended. hours; and
(d) If a gift or decoration is not re(2) Not later than January 31 of each tained for official use of the Departyear compile and transmit to the De ment, or if its official use has ended, partment of State for publication by the Directorate of Administration the Department of State in the FED
shall, within 30 days after its deposit or ERAL REGISTER a list of all statements after its official use has endedfiled pursuant to these regulations dur
(1) Report the gift or decoration to ing the preceding calendar year.
the General Services Administration
(GSA) for transfer, donation, or other $ 1050.302 Use or disposal of gifts and disposal in accordance with the providecorations accepted on behalf of
sions of the Federal Property and Adthe United States.
ministrative Services Act of 1949 and (a) The Directorate of Administra the Federal Property Management tion shall accept and maintain custody Regulations at 41 CFR part 101-49, or of all tangible gifts and decorations ac- (2) If the gift or decoration is in cash. cepted by employees on behalf of the currency, or monies (except those with United States pending their final dis- possible historic or numismatic value), position.
or is a noncash monetary gift such as a
check, money order, bonds, shares of stock, or other negotiable instrument, forward it to the Finance and Accounting Office for deposit with the Department of the Treasury.
(e) The Directorate of Administration shall retain custody of gifts and decorations not returned to the donor or retained for the official use of the Department until GSA directs it concerning their disposition. At the request of GSA, the Directorate of Administration shall arrange for appraisal of specific gifts and decorations.
$ 1050.303 Enforcement.
(a) An employee who violates the provisions of the Act or these regulations may be subject to disciplinary action or civil penalty action as set forth in paragraphs (c) and (d) of this section.
(b) Suspected violations of the Act or these regulations shall be reported promptly to the appropriate General Counsel and the Inspector General.
(c) The Inspector General will be responsible for taking the following actions:
(1) If the results of an investigation by the Inspector General do not provide any support for a determination that a violation of the Act or these regulations has occurred, then no further action shall be taken.
(2) If it is determined that the employee knowingly and through actions within his own control has done any of the following, the matter shall be referred to the Attorney General for appropriate action:
(i) Solicited or accepted a gift from a foreign government in a manner inconsistent with the provisions of the Act and these regulations;
(ii) As the approved recipient of travel expenses failed to follow the procedures set forth in the Act and these regulations; or
(iii) Failed to deposit or report a gift as required by the Act and these regulations.
(3) If it is determined that the employee failed to deposit a tangible gift with the Directorate of Administration within 60 days, or to account properly for acceptance of travel expenses, or to comply with the requirements of these regulations relating to the disposal of gifts and decorations retained for official use, but that the criteria of knowledge and control specified in paragraph (c)(2) of this section for referral to the Attorney General have not been met, then the matter shall be referred by the Inspector General to appropriate Departmental officials for administrative action.
(d) As set forth in section 7342(h) of title 5, United States Code, the Attorney General may bring a civil action in any district court of the United States against any employee who knowingly solicits or accepts a gift from a foreign government not consented to by the Act, or who fails to deposit or report such gift as required by the Act. The court in which such action is brought may assess a civil penalty against such employee in any amount not to exceed the retail value of the gift improperly solicited or received plus $5,500. (45 FR 53972, Aug. 13, 1980, as amended at 62 FR 46184, Sept. 2, 1997)
Subpart D-Gifts to Foreign
$ 1050.401 Prohibition against use of
appropriated funds. No appropriated funds other than funds from the "Emergencies in the Diplomatic and Consular Service" account of the Department of State may be used to purchase any tangible gift of more than minimal value for any foreign individual unless such gift has been approved by the Congress. [59 FR 44896, Aug. 31, 1994)
STATEMENT CONCERNING GIFTS RECEIVED FROM A FOREIGN GOVERNMENT Item 1. This statement is to be filed pursuant to the provisions of the Foreign Gifts and
Decorations Act (5 U.S.C. 7342, as amended by Pub. L. 95-105, August 17, 1977) and DOE implementing regulations at 10 CFR part 1050. These provisions apply to foreign gifts tendered to or accepted by Federal employees and their spouses and dependents. The name