DEVELOPMENT COOPERATION AGENCY

Part 1201

Public information

1202

1203

Regulations to implement the Privacy Act of 1974
Employee responsibilities and conduct

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Page

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1203.735-208 Misuse of information.

1203.735-209 Indebtedness.

1203.735-210 Gambling, betting, and lot-
teries.

1203.735-211 Activities relating to private
organizations and politics.
1203.735-212 Wearing of uniforms.
1203.735-213 Recommendations for employ-
ment.

1203.735-214 Transmitting communications and gifts.

1203.735-215 General conduct prejudicial to the Government.

1203.735-216 Miscellaneous statutory provisions.

1203.735-217 Requesting exceptions from certain statutory prohibitions.

Subpart C-Ethical and Other Conduct and Responsibilities of Special Government Employees

1203.735-306 Miscellaneous statutory provisions.

Subpart D-Statements of Employment and
Financial Interests

1203.735-401 Employees required to submit

1203.735-402 Employees not required to submit statements.

1203.735-403 Employee's complaint on filing

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regulations were originally published in full text at 43 FR 18976, May 2, 1978.

Subpart A-General Provisions

§ 1203.735-101 Purpose.

The maintenance of the highest standards of honesty, integrity, impartiality, and conduct by Government employees and special Government employees is essential to assure the proper performance of the Government business and the maintenance of confidence by citizens in their Government. The avoidance of misconduct and conflicts of interest on the part of Government employees and special Government employees through informed judgment is indispensable to the maintenance of these standards. To accord with these concepts the regulations in this part prescribe standards of conduct and responsibilities for employees and special Government employees and require statements reporting employment and financial interests.

NOTE: These regulations are codified in State 3 FAM 620, AID Handbook 24, and ICA MOA V-A 550.

§ 1203.735-102 Definitions.

(a) Agency means the United States International Development Cooperation Agency (IDCA).

(b) Employee means an officer or employee at home or abroad, of an agency named in paragraph (a) of this section, but does not include a special Government employee or a member of the Army, Navy, Air Force, Marine Corps, Coast Guard, National Oceanic and Atmospheric Administration, or Public Health Service.

(c) Executive order means Executive Order 11222 of May 8, 1965, as amended.

(d) Person means an individual, a corporation, a company, an association, a firm, a partnership, a society, a joint stock company, or any other organization or institution.

(e) Special Government employee means an officer or employee of an agency who is retained, designated, appointed, or employed to perform, with or without compensation, for not to exceed 130 days during any period of 365 consecutive days, temporary duties either on a full-time or intermittent basis.

(f) Member of an employee's family means a spouse, minor child, or other member of an employee's immediate household. For the purpose of these regulations member of an employee's immediate or in-law household means those blood relations who are residents of the employee's household.

(g) Counselor means the agency's Counselor on Ethical Conduct and Con- IN flicts of Interest.

§ 1203.735-103 Interpretation and advi
sory service.

(a) Counseling services on employee m
responsibilities and conduct are avail-
able in each agency. These services are a
to be coordinated by a Counselor ap-
pointed by the agency head. The Coun- e
selor for IDCA is the General Counsel.
The Counselor serves as the agency's
designee to the Civil Service Commis-s
sion on matters covered by the regula-
tions in this part and is responsible for
coordination of the agency's counseling
services under paragraph (b) of this i
section and for assuring that coun-
seling and interpretations on questions
of conflicts of interest and other mat-
ters covered by these sections are
available to deputy counselors des-
ignated under paragraph (b) of this sec-
tion.

(b) Each agency head may designate deputy counselors for the agency's employees and special Government em ployees. Deputy Counselors designated under this section must be qualified and in a position to give authoritative advice and guidance to each employee and special Government employee who seeks advice and guidance on questions of conflicts of interest and on other matters covered by the regulations in this part. A Washington employee or special Government employee should address any inquiries concerning the regulations in this part to the Counselor. At missions abroad the chief of each agency's establishment designates an officer, preferably the legal officer where one is available, to provide counseling services under the guidance of the Counselor; a single officer may serve all agencies. An employee or special Government employee serving abroad should submit inquiries to the officer designated.

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(c) Each agency shall periodically no-
tify its employees and special Govern-
ment employees of the availability of
Counseling services and how and when
these services are available. A new em-
ployee or special Government
ployee shall be notified at the time of
entrance on duty.

em

$1203.735-104 Applicability to detailed
employees.

All the regulations of subparts A, B,
and D of this part are applicable to an
employee of another U.S. Government
agency who may be serving on detail or
assignment, formally or informally, on
a reimbursable or nonreimbursable
basis through a Participating Agency
Service Agreement or otherwise, with
an agency named in §1203.735–102(a).
However, disciplinary action shall be
taken against such an employee only
by the employing agency.

$1203.735-105 Disciplinary action.

A violation of the regulations in this part by an employee or special Government employee may be cause for appropriate disciplinary action, including separation for cause, which may be in addition to any penalty prescribed by

law.

Subpart B-Ethical and Other

of Employees

sibilities placed on the employee are also observed by members of the employee's family. These are the restrictions in regard to: Acceptance of gifts (§§ 1203.735-202 and 1203.735-203); economic and financial activities abroad (§ 1203.735-206); teaching, lecturing, and writing (§1203.735-204(c)); participation in activities of private organizations (§ 1203.735-211(c)); and political activities abroad (§ 1203.735-211(g)).

§1203.735-202 Gifts, entertainment, and favors.

(a) Acceptance prohibited. Except as provided in paragraphs (b), (c), and (d) of this section, an employee shall not solicit or accept, directly or indirectly, any gift, gratuity, favor, entertainment, loan, or any other thing of monetary value, from a person who:

(1) Has, or is seeking to obtain, contractual or other business or financial relations with the employee's agency;

(2) Conducts operations or activities that are regulated by the employee's agency;

(3) Has interests that may be substantially affected by the performance or nonperformance of the employee's official duty; or

(4) Appears to be offering the gift with the hope or expectation of obtain

Conduct and Responsibilities ing advantage or preferment in dealing

$1203.735-201 General.

(a) Proscribed actions. An employee shall avoid any action, whether or not specifically prohibited by the regulations in this part, which might result in, or create the appearance of:

(1) Using public office for private gain;

(2) Giving preferential treatment to

any person;

(3) Impeding Government efficiency

or economy;

(4) Losing independence or impartiality;

(5) Making a Government decision to outside official channels; or

mployees

inquiries

(6) Affecting adversely the confidence of the public in the integrity of the Government.

(b) Applicability to members of families of employees. A U.S. citizen employee shall take care that certain respon

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with the U.S. Government for any purpose.

(b) Acceptance permitted. The provisions of paragraph (a) of this section do not apply to:

(1) Gifts, gratuities, favors, entertainments, loans, or any other thing of monetary value received on account of close family or personal relationships when the circumstances make it clear that it is that relationship rather than the business of the persons concerned which is the motivating factor;

(2) Acceptance of loans from banks or other financial institutions on customary terms to finance proper and usual activities of employees, such as home mortgage loans;

(3) Acceptance of unsolicited advertising or promotional material, such as pens, pencils, note pads, calendars, and other items of nominal intrinsic value; (4) Acceptance of rates and discounts offered to employees as a class.