« PreviousContinue »
tions), or on an inspection tour where such Bank employee is authorized by the Bank to be in attendance;
(iii) Accept loans from banks or other financial institutions on customary terms to finance proper and usual activities of employees, such as home mortgage loans; and
(iv) Accept unsolicited advertising or promotional material, such as pens, pencils, note pads, calendars, and other items of nominal intrinsic value.
(V) Accept table favors, mementos, remembrances, or other tokens bestowed at official functions and other gifts of minimal value received as souvenirs or marks of courtesy from a foreign government, the burden of proof being upon the recipient to establish that the gift is of minimal value (80 Stat. 952). [31 F.R. 3048, Feb. 22, 1966, as amended at 32 F.R. 13758, Oct. 3, 1967) § 400.735–6 Outside employment and
other activities. (a) Statutory. Criminal statutes forbid a Bank employee, except in discharge of official duty, from representing anyone else before a court or a Government agency in a matter in which the U.S. Government is a party or has a direct and substantial interest. (18 U.S.C. 205.)
(b) Rules and comment. (1) A Bank employee shall not engage in outside employment or other outside activity not compatible with the full and proper discharge of the duties and responsibilities of his Bank employment. Incompatible activities include but are not limited to:
(i) Acceptance of a fee, compensation, gift, payment of expense, or any other thing of monetary value in circumstances in which acceptance may result in, or create the appearance of, conflicts of interest; or
(ii) Outside employment which tends to impair his mental or physical capacity to perform his Bank duties and responsibilities in an acceptable manner.
(2) Bank employees are encouraged to engage in teaching, lecturing, and writing that is not prohibited by law or regulations. However, a bank employee shall not, either for or without compensation, engage in teaching, lecturing, or writing, including teaching, lecturing, or writing for the purpose of the special preparation of a person or class of persons for an examination of the Commission or Board of Examiners for the Foreign Service, that depends on information obtained as a result of his Bank
employment, except when that information has been made available to the general public or will be made available on request, or when the President of the Bank gives written authorization for the use of nonpublic information on the basis that the use is in the public interest.
(4) To assure that no possible conflict with Bank duties and interest shall arise, a Bank employee shall disclose the nature of all outside employment to the Ethics Committee and not undertake such employment unless the Ethics Committee shall approve.
(5) This section shall not preclude a Bank employee from:
(i) Participating in discussions and meetings of a professional nature held outside of Washington to which suc Bank employee has been invited and from receiving from outside sources bona fide reimbursement for actual expenses of travel and subsistence incurred in connection with his participation if such Bank employee's participation is not a part of his official duties at the Bank.
(ii) Accepting (unless prohibited by law) the unsolicited provision by others of transportation, lodging, or meals or the unsolicited reimbursement by others for the cost thereof, provided acceptance by the Bank employee was made while the Bank employee was on official travel status and was engaged in Bank business, provided the transportation, lodging, or meals which were provided or subject to reimbursement by others, were not excessive in value and provided the Bank employee does not accept reimbursement from the Bank for such transportation, lodging, or meals. However, this paragraph does not allow an employee to be reimbursed, or payment to be made on his behalf, for excessive personal living expenses, gifts, entertainment or other personal benefits, nor does it allow an employee to be reimbursed by a person for travel on official business under agency orders when reimbursement is proscribed by Decision B-128527 of the Comptroller General dated March 7, 1967.
(iii) Participating in the affairs of or acceptance of an award for a meritorious public contribution or achievement given by a charitable, religious, professional, social, fraternal, nonprofit educational and recreational, public service, or civic organization. [31 F.R. 3048, Feb. 22, 1966, as amended at 32 F.R. 13758, Oct. 3, 1967; 33 F.R. 11646, Aug. 16, 1968]
§ 400.735–7 Financial interest of Bank as a result of, or primarily relying upon,
employee or connected person or information obtained through his ementity.
ployment at the Bank. (a) Statutory. Criminal statutes pro
(3) A Bank employee shall not make hibit a Bank employee from partici
use or give the appearance of making use, pating in any Bank matter in which, to
or permit others to make use or give the his knowledge, he, his spouse, his minor appearance of making use, of official inchild, his partner, or any organization
formation not made available to the genin which he is employed or negotiating
eral public for the purpose of furthering to be employed has a financial interest
a private interest. (18 U.S.C. 208).
(4) As a result of their official duties, (b) Rules and comment. (1) The law Bank employees will frequently have acdoes not specify the minimum financial
cess to business information of a confiinterest which gives rise to a conflict of
dential nature. Typically, this might ininterest. If a Bank employee has occa- volve expansion plans by companies seeksion to act upon a matter in which to his ing the Bank's financial assistance. knowledge he (or a person or an organi
Such information is disclosed for official zation with whom he is closely con
use within the Bank and is made availnected has any financial interest able for no other purpose than consider(whether in the form of securities or ation of the loan application or other otherwise) he shall disqualify himself
matters involved. Where such confidenfrom acting. However, the statute au
tial business information might be comthorizes a waiver under certain circum- promised in responding to outside instances. If a Bank employee believes
quiries from apparently authorized or that the circumstances warrant the is- legitimate sources, such as other Governsuance of a waiver, he shall, before pro- ment agencies, staff members should receeding to act, disclose fully such in- fer these inquiries to the Ethics Comterest to the official responsible for his
mittee to determine whether the nature appointment. He shall then act upon
and circumstances of such inquiries the matter only after he has received a justify disclosure of the particular inwritten determination by the appointing formation sought. Such information official that the financial interest is not should be disclosed to part-time employso substantial as to be deemed likely to ees and consultants of the Bank only to affect the integrity of the services which
the extent authorized by the officer rethe Bank may expect from the Bank sponsible for the appointment of such employee. The power of exemption shall
part-time employee or consultant. be exercised by the appointing official $ 400.735–9 Former employees. after consultation with the Ethics Com
(a) Statutory. Criminal stautes promittee.
hibit a former Bank employee from rep(2) A Bank employee shall not have a resenting, at any time, anyone in condirect or indirect financial interest that nection with a matter in which the U.S. conflicts substantially, or appears to con- Government has an interest and on flict substantially, with his duties or re- which he worked at the Bank, or represponsibilities at the Bank.
senting anyone personally, within one
year after leaving the Bank, in connec$ 400.735–8 Confidential information.
tion with a matter in which the U.S. (a) Statutory. Criminal statutes pro- Government has an interest and which hibit a Bank employee from disclosing, was under his official responsibility durother than as provided by law, business ing his last year at the Bank (18 U.S.C. information obtained through his em- 207). ployment (18 U.S.C. 1905).
(b) Rules and comment. When for(b) Rules and comment. (1) A Bank mer Bank employees or former part-time employee shall not make available to or unpaid officers or employees of the anyone outside the Bank information or Bank are acting as representatives of documents in the possession of the Bank firms or organizations dealing with the and held by the Bank on a confidential Bank, their representation should be disbasis.
closed to the Ethics Committee to de(2) A Bank employee shall not engage termine what action may be required in, directly or indirectly, financial trans- with regard to the continued dealings by actions or further his personal interests, Bank employees with such representa
tives and no further dealings shall be had with the former employee until such determination shall be made. § 400.735–10 Future employment.
Bank regulations restrict a recipient of financial assistance from the Bank in hiring and utilizing a Bank employee. Negotiations by any Bank employee for future employment are to be fully disclosed to the Ethics Committee in those cases where the prospective employer has had more than incidental contact with the Bank or can be expected to seek the Bank's assistance in the future, and no Bank employee shall proceed with such negotiation without a determination by the Ethics Committee that he may thus proceed. § 400.735–11 Recommendation of out
side services. A Bank employee shall not indicate to anyone with whom the Bank has dealings any preference among suppliers, attorneys, engineers, or consultants as regards goods, equipment, or services to be provided in connection with any Bank assistance. It is established Bank policy to avoid placing any person or firm in a preferential position with respect to obtaining orders or contracts for materials or services. Bank employees are not to recommend the services of any attorney, engineer, economist or other consultant or adviser to any person or firm in connection with loan applications or other matters which have been or can be expected in the future to be brought before the Bank. It is recognized that borrowers, particularly foreign governments, and firms, may in good faith seek the assistance of the Bank in selecting competent firms or consultants in connection with such matters as engineering surveys which might later form the basis for a loan application. If the interests of the Bank justify some guidance by the Bank itself in these situations, a comprehensive list of qualified firms may be furnished upon determination by the Ethics Committee of the propriety of such action. $ 400.735–12 Use of Government prop
erty. A Bank employee shall not, directly or indirectly, use, or allow the use of, Bank property of any kind, including property leased to the Bank, for other than officially approved activities. An employee
has a positive duty to protect and conserve Bank property, including equipment, supplies, and other property entrusted or issued to him. $ 400.735–13 Personal financial integ.
rity. A Bank employee shall pay each just financial obligation
a proper and timely manner, especially one imposed by law such as Federal, State, or local taxes. For the purpose of this section, a "just financial obligation" means knowledged by the Bank employee or reduced to judgment by a court, and "in a proper and timely manner" means in a manner which the Bank determines does not, under the circumstances, reflect adversely on the Bank as his employer. $ 400.735–14 Gambling, betting, and
lotteries. A Bank employee shall not participate, while on Bank-owned or leased property, or while on duty for the Bank, in any gambling activity including the operation of a gambling device, in conducting a lottery or pool, in a game for money or property, or in selling or purchasing a numbers slip or ticket. § 400.735–15 General conduct prejudi.
cial to the Bank. A Bank employee shall not engage in criminal, infamous, dishonest, immoral, or notoriously disgraceful conduct, or other conduct prejudicial to the Bank. A Bank employee shall avoid any action, whether or not specifically prohibited in this Subpart A, which might result in, or create the appearance of:
(a) Using public office for private gain;
(b) Giving preferential treatment to any person;
(c) Impeding Bank efficiency or economy;
(d) Losing complete independence or impartiality;
(e) Making a Bank decision outside official channels; or
(f) Affecting adversely the confidence of the public in the integrity of the Bank. $ 400.735–16 Courtesy.
A Bank employee shall conduct himself in a manner that will assure effective accomplishment of his responsibilities and must observe the requirements of courtesy, consideration, and promptness in dealing with those seeking the Bank's assistance.
§ 400.735–17 Miscellaneous statutory sion of an employee by reason of his provisions.
employment (18 U.S.C. 654). Attention of each Bank employee is di
(p) The prohibition against unauthorrected to the following statutory provi
ized use of documents relating to claims sions:
from or by the Government (18 U.S.C. (a) The prohibition against a Bank
285). employee participating in any manner
(q) The prohibitions against political upon the deliberation or determination of activities in subchapter III of chapter 73 any matter affecting his personal inter
of title 5, United States Code and 18 ests or the interests of any corporation,
U.S.C. 602, 603, 607, and 608. partnership, or association in which he (r) The prohibition against an emis directly or indirectly interested (12 ployee acting as the agent of a foreign U.S.C. 635a (e)).
principal registered under the Foreign (b) House Concurrent Resolution 175,
Agents Registration Act (18 U.S.C. 219). 85th Congress, 2d Session, 72 Stat. B12, [31 F.R. 3048, Feb. 22, 1966, as amended at the “Code of Ethics for Government
32 F.R. 13758, Oct. 3, 1967] Service”.
Subpart B-Implementation (c) Chapter 11 of Title 18, United States Code, relating to bribery, graft,
$ 400.735-20 Dissemination. and conflicts of interest.
The Administrative Officer will cause (d) The prohibition against lobbying all Bank employees to read Subparts A with appropriated funds (18 U.S.C.
through C of this part at the time of their 1913).
employment and at least annually there(e) The prohibitions against disloyal
after. All Bank employees shall have ty and striking (5 U.S.C. 7311, 18 U.S.C. read Subparts A through C of this part 1918).
not later than 60 days after the effective (f) The prohibition against the em- date of issuance. ployment of a member of a Communist organization (50 U.S.C. 784).
$ 400.735–21 Ethics Committee. (g) The prohibitions against the dis
committee on ethics (the Ethics closure of classified information (18 Committee) is hereby established. It U.S.C. 798; 50 U.S.C. 783).
shall consist of the First Vice President, (h) The provision relating to the as Chairman, the Assistant General habitual use of intoxicants to excess (5 Counsel, and the Adiminstrative Officer U.S.C. 7352).
of the Bank. All notices to the Ethics (i) The prohibition against the mis- Committee shall be given to its Chairuse of a Government vehicle (31 U.S.C. man and only its Chairman shall speak 638a (c)).
for the Ethics Committee. The Ethics (j) The prohibition against the mis- Committee is authorized and directed to use of the franking privilege (18 U.S.C. take the actions referred to in $$ 400.1719).
735–5(b) (1), 400.735–6(b) (4), 400.735– (k) The prohibition against the use
7(b) (1), 400.735–8(b) (4), 400.735–9(b), of deceit in an examination or personnel
400.735–10, 400.735–11, and 400.735action in connection with Government
30(c). The Ethics Committee shall have employment (18 U.S.C. 1917).
the duty to assure that no appointment (1) The prohibition against fraud or false statements in a Government matter
of a regular Bank employee is made if (18 U.S.C. 1001).
such appointment would create a conflict (m) The prohibition against mutilat
under $ 400.735–6(b) (1) or $ 400.735ing or destroying a public record (18
7(b) (2). U.S.C. 2071).
(32 F.R. 13758, Oct. 3, 1967] (n) The prohibition against counter
§ 400.735-22 Counselor on Ethics. feiting and forging transportation requests (18 U.S.C. 508).
The Chairman of the Ethics Commit(0) The prohibitions against:
tee shall serve as Counselor to the Bank (1) Embezzlement of Government and as the Bank's designee to the Civil money or property (18 U.S.C. 641); Service Commission on matters covered
(2) Failing to account for public by Subparts A through C of this part. money (18 U.S.C. 643); and
He shall also coordinate the work of the (3) Embezzlement of the money or Deputy Counselor on Ethics mentioned property of another person in the posses- in § 400.735–23.
$ 400.735–23 Deputy Counselor on decision or action has an economic imEthics.
pact on the interests of any non-Federal The General Counsel shall be Deputy
enterprise. Counselor on Ethics and shall be avail
(b) The time and manner of submisable to give authoritative advice and
sion of statements, and the procedures guidance to each Bank employee on mat
with respect thereto, are specified in ters covered by Subparts A through C of
Subpart E of this part. this part, including any matter arising
(c) Any Bank employee who considers under $ 400.735–7(b) (2).
that his position has been improperly in
cluded among those requiring the sub§ 400.735–24 Availability of counseling. mission of statements of employment Each Bank employee may consult the
and financial interests may submit the General Counsel at any time for coun
matter for review by the Ethics Commitseling on problems raised by Subparts A tee created pursuant to $ 400.735–21 of through C of this part.
Subpart B of this part, or in accordance with the Bank's established procedures
governing grievances and complaints as $ 400.735–25 Complaints.
prescribed in Staff Memorandum No. 12 Complaints from any source concern- dated January 29, 1960. ing the subject matter of Subparts A [31 F.R. 3048, Feb. 22, 1966, as amended at through C of this part, whether emanat- 32 F.R. 13758, Oct. 3, 1967) ing from within or outside the Bank, are
$ 400.735–31 Bank employees other to be submitted to the Chairman of the
than regular full-time. Ethics Committee.
Most of the statutes on employees' § 400.735–26 Disciplinary and other
conduct are applicable to all directors, remedial action.
officers, and employees of the Bank, If a Bank employee violates any of the whether full-time or part-time, whether provisions of Subparts A through C of employed or retained on a consulting this part he shall be subject to the penal- capacity, and whether compensated or ties provided by law, and to such addi- not. However, there are special provitional disciplinary and other remedial sions applicable to part-time officers and action, including, among others, dismis- employees of the Bank with regard to sal, suspension, or reduction in rank, as their activities before Government agenis appropriate. Disciplinary and other cies and the prohibition against outside remedial action shall be effected in ac- compensation does not apply to officers cordance with any applicable laws, Ex- and employees who serve without pay ecutive orders, and regulations.
or to certain officers and employees who
serve part time. Administrative actions Subpart C—Special Categories of and rules applicable to other than fuliBank Employees
time officers or employees of the Bank $ 400.735–30 Bank employees who are
are covered by Subpart D of this part. required to submit statements of em- $ 400.735–32 Presidential appointees. ployment and financial interests.
The rules set forth in Subpart A of this (a) Statements of employment and fi- part are applicable to all Bank employees nancial interests shall be submitted by who were appointed to their positions by the following Bank employees:
the President of the United States, ex(1) Every Bank employee paid at a cept that for purposes of the determinalevel of the Executive Schedule in sub- tion by the official responsible for the chapter II of chapter 53 of title 5, United Bank employee's appointment referred to States Code, but not including the Bank in $ 400.735–7(b) (1), members of the employees who are subject to section Board of Directors other than the Presi401(a) of Executive Order 11222, May 8, dent of the Bank, shall have such de1965; and
termination made by the President of (2) Those Bank employees in grades the Bank. In addition, such Bank emGS-13 and above under section 5332 of ployees are subject to the provisions of title 5, United States Code, who occupy Part IV of Executive Order 11222 of May positions the basic duties and respon- 8, 1965, relating to submission of statesibilities of which require the incumbent ments by Presidential appointees and to be responsible for making a Bank de- to the requirement that they not receive cision or taking Bank action where the compensation or anything of monetary