value for any consultation, lecture, discussion, writing, or appearance, the subject matter of which is devoted substantially to the responsibilities, programs, or operations of the Bank, or which draws substantially on official data or ideas which have not become part of the body of public information. Subpart D-Procedures Applicable to Other Than Regular Full-Time Bank Employees and Certain Related Standards of Conduct

§ 400.735-40 Procedures governing appointment and utilization.

Pursuant to Executive Order 11222, dated May 8, 1965, and Part 735 of Civil Service Commission regulations (5 CFR Part 735), this section sets forth the procedures which shall be observed in appointing and utilizing advisors, consultants, and part-time employees.

(a) No private person shall be requested to appear before the Bank to give advice, comment or service to the Bank except upon initiative of the Bank.

(b) Whenever a private person is requested to appear before the Bank to give advice, comment, or service to the Bank, it shall be determined whether he will appear on his own behalf or in a representative capacity for some party outside the U.S. Government or whether his appearance is under circumstances making him an officer or employee of the Bank.

(c) If he is to appear other than as an officer or employee of the Bank, he shall be caused to read the "Standards of Conduct for Persons Appearing before the Bank other than as Officers or Employees of the Bank” (§ 400.735-41).

(d) If he is to appear under circumstances making him an officer or employee of the Bank, he shall, prior to appointment, make disclosure, to the extent and in accordance with procedures specified by the Chairman of the Ethics Committee, of his private employment and financial interests. Such disclosure shall show, at least, all other employment (including the names of all corporations, companies, firms, State, or local government organizations, research organizations and educational or other institutions in which the prospective officer or employee is serving as employee, officer, member, owner, director, trustee, advisor or consultant) and all financial interests which relate either directly or in

directly to the duties and responsibilities of the prospective officer or employee, but this requirement shall only apply if the salary, on an annual basis, of such prospective officer or employee is equal to or more than the minimum of grade GS-13 under section 5332 of title 5, United States Code, and the position to be filed has basic duties and responsibilities which require the incumbent to be responsible for making a Bank decision or taking Bank action where the decision or action has an economic impact on the interests of any non-Federal enterprise, or if such prospective officer or employee is to be an expert or consultant as defined in Chapter 304 of the Federal Personnel Manual. The Chairman of the Ethics Committee shall inquire as to the duties of the prospective officer or employee and as to confidential information which in the execution of his duties must necessarily be made available to the prospective officer or employee. The Chairman of the Ethics Committee shall determine whether or not the proposed appointment is free from probable conflicts of interest, taking into consideration the likelihood that the appointee may have to act in his official capacity on a matter in which he or someone connected with him has a financial interest, the likelihood that he may have to act in his private capacity with respect to a matter on which he will act in his official capacity or which may be pending before the Bank during the term of his appointment, and the likelihood that the appointee in his official capacity will acquire information which would be significant to him and not otherwise available to him in his private capacity. The Chairman of the Ethics Committee shall consult with the other members of the Ethics Committee on any of the foregoing matters to the extent he deems appropriate.

(e) If the proposed appointment is free from probable conflicts of interest, the candidate shall be given an appointment in writing. This appointment shall not extend for more than 365 days. It shall be determined at the time he is appointed to serve whether or not the appointee is a "special Government employee" for purposes of Public Law 87849. This determination shall be made upon consideration of these factors:

(1) Whether or not he held at any time during the 365 days preceding appointment another appointment for

temporary duties as an officer or employee of the U.S. Government (including in that term the executive and legislative branches of the U.S. Government, any independent agency of the United States, and the District of Columbia). The Chairman of the Ethics Committee shall coordinate with the respective agency or agencies of the U.S. Government the classification of persons who hold or have held such other appointment or appointments.

(2) If he has held no other appointment, an estimate shall be made of the number of days on which he is expected to work for the Bank during the next 365 days. For this computation, parts of days on which duty is performed shall be counted as full working days and Saturdays, Sundays, and holidays on which duty is performed shall be included.

(3) If he has held one or more other appointments: (i) An estimate shall be made for each 365-day period following the date of his other appointment or appointments of the number of days which the appointee is expected to work for the Bank during the remaining days of each such period; (ii) an estimate shall be obtained from each other agency where he has an appointment as to the number of days the appointee is expected to work for such other agency during the remaining days of the 365-day period following the date of his appointment at such agency; and (iii) the number of days shall be obtained which the appointee has actually worked for each other agency subsequent to his appointment at such agency.

(4) If he has held no other appointment and he is estimated to work for the Bank more than 130 days during the next 365, he shall be designated on the Bank's records as "part-time employee (other than special Government employee)." If he is estimated to work for the Bank 130 days or less during the next 365, he shall be designated on the Bank's records as a special Government employee.

(5) If he has held one or more other appointments and if the sum of the number of days worked or estimated to be worked on all such appointments and the Bank's appointment during any of the 365-day periods after any of these appointments is more than 130 days, he shall be designated on the Bank's records as "part-time employee (other than special Government employee)." If such

sum is less than 130 days, he shall be designated on the Bank's records as a special Government employee.

(f) If he is designated as "part-time employee (other than special Government employee)", he shall be informed to that effect, shall be caused to read Subparts A through C of this part, with the instruction that the statements therein (except, if he is serving without compensation, § 400.735-5(a)(3) applicable to regular full-time Bank employees are equally applicable to him.

(g) If he is a special Government employee, he shall be informed to that effect and shall be caused to read the "Standards of Conduct Applicable to Special Government Employees" $ 400.735-42).

(h) No person, while carried on the Bank's records as a special Government employee, shall be permitted to act as agent or attorney for anyone in connection with any matter which is or was pending before the Bank at any time when such person is or was carried on the Bank's records except if he has worked for the Bank, as of the day he acts, less than 61 days of the preceding 365 days. For this computation, parts of days on which duty is performed shall be counted as full working days and Saturdays, Sundays and holidays on which duty is performed shall be included.

(i) No person who is or once was carried on the Bank's records as a special Government employee shall be permitted to act as agent or attorney for anyone in connection with any matter which relates to the subject on which he is or was working at he Bank unless his thus acting as agent or attorney occurs with the knowledge and express written approval of the appinting officer responsible for his appointment.

(j) Each person who is retained or employed by the Bank and who is a special Government employee shall be advised of his obligation to keep the Bank informed of any additional appointments which he accepts to perform temporary duties as an officer or employee of the U.S. Government and promptly after each such advice it shall be determined, pursuant to the procedures of paragraph (e) of this section, whether or not such person continues as a special Government employee.

(k) Immediately after appointment of a person as an officer or employee of the Bank other than as a regular, fulltime officer or employee of the Bank or

after designation of a person who is to act as consultant to the Bank or who is to give advice, opinion, or service to the Bank in a capacity other than as a regular full-time director, officer or employee, the appointing officer, in the case of an appointment, or the Chairman of the Ethics Committee, in the case of any such designation, shall advise all directors, officers or employees of the Bank with whom the appointee or designee will deal as to the extent of confidential information to be made available to him with a view to avoiding as much as possible the disclosure of confidential information not needed for his functions or not available to his competitors in his private capacity or concerning the financial interest of himself or with which he is charged in his private capacity. The appointing officer shall instruct the appointee that information made available to him at the Bank must remain confidential in his hands and the Chairman of the Ethics Committee shall cause similar direction to be given to those utilizing the designee.

(1) Unless expressly provided otherwise, the determination required under the foregoing paragraphs shall be made by the officer who appoints or designates the individual in question upon consultation with the Chairman of the Ethics Committee.

(m) The Chairman of the Ethics Committee shall monitor the obligations of all advisors and consultants who do not hold appointments as officers or employees of the Bank. He shall advise those authorizing the services of such advisors and consultants of the requirements of this Subpart D with respect to such persons. Each appointing officer shall observe the requirements of this Subpart D in issuing each appointment as officer or employee of the Bank other than regular full-time employees of the Bank. After each such appointment the appointing officer shall be responsible for giving necessary advices and directions to permit fulfillment of the requirements of this Subpart D with respect to such appointment.

(n) If any officer or employee of the Bank, whether part-time or full-time, violates any of the rules set forth in this Subpart D, or in Subparts A through C of this part, to the extent such rules are applicable to such officer or employee, he shall be subject to the penalties provided by law and to such additional dis

ciplinary action and other remedial action, including, among others, dismissal, suspension, or reduction in rank, as is appropriate. Disciplinary action and other remedial action shall be effected in accordance with any applicable laws, Executive orders, and regulations.

[31 F.R. 3048, Feb. 22, 1966, as amended at 32 F.R. 13758, Oct. 3, 1967] § 400.735-41

Standards of conduct for persons appearing before the Bank other than as officers or employees of the Bank.

The following is intended for the guidance of persons who are requested to appear before the Export-Import Bank of Washington to give advice, comment, or service to the Bank but who are not appearing in the status of an officer or employee of the Bank:

(a) Inside information. (1) The first principle of ethical behavior for the temporary or intermittent consultant or advisor is that he must refrain from any use of his public office which is motivated by, or gives the appearance of being motivated by, the desire for private gain for himself or other persons, including particularly those with whom he has family, business or financial ties. The fact that the desired gain, if it materializes, will not take place at the expense of the Bank makes this action no less improper.

(2) An advisor or consultant must conduct himself in a manner devoid of the slightest suggestion that he is exploiting his Bank connection for private advantage. Thus, a consultant or advisor must not, on the basis of any inside information, enter into speculation, or recommend speculation to members of his family or business associates, in commodities, land, or the securities of any private company. He must obey this injunction even though his duties have no connection whatever with the Bank programs or activities which may affect the value of such commodities, land, or securities. And, he should be careful in his personal financial activities to avoid any appearance of acting on the basis of information obtained in the course of his activities with the Bank.

(3) It is important for consultants and advisors to have access to Bank data pertinent to their duties and to maintain familiarity with the Bank's plans and programs and the requirements thereof, within the area of their competence, Since it is frequently in the Bank's in

terest that information of this nature be made generally available to an affected industry, there is generally no impropriety in a consultant's or advisor's utilizing such information in the course of his non-Bank activities after it has become so available. However, a consultant or advisor may, in addition, acquire information which is not generally available to those outside the Bank. In that event, he may not use such information for the special benefit of a business or other entity by which he is employed or retained or in which he has a financial interest.

(4) Consultants and advisors are encouraged to confer with appropriate persons at the Bank to assist them in the identification of information not generally avaliable and in the resolution of any actual or potential conflict between duties to the Bank and to private employers or clients.

(5) Occasionally an individual who becomes a consultant or advisor to the Bank is, subsequent to his designation as such, requested by a private enterprise to act in a similar capacity. In some cases the request may give the appearance of being motivated by the desire of the private employer to secure inside information. Where the consultant or advisor has reason to believe that the request for his services is so motivated, he should make a choice between acceptance of the tendered private employment and continuation of his Bank consultancy. In such circumstances he may not engage in both.

(b) Abuse of position. An advisor or consultant shall not use his position in any way to coerce, or give the appearance of coercing, another person to provide any financial benefit to him or persons with whom he has family, business, or financial ties.

(c) Gifts. An advisor or consultant shall not receive or solicity anything of value as a gift, gratuity, or favor for himself or persons with whom he has family, business, or financial ties, if the acceptance thereof would result in his loss of complete independence or impartiality in serving the Bank.

(a) Use of Government employment. A special Government employee shall not use his Government employment for a purpose that is, or gives the appearance of being, motivated by the desire for private gain for himself or another person, particularly one with whom he has family, business, or financial ties.

(b) Use of inside information. (1) A special Government employee shall not use inside information obtained as a result of his Government employment for private gain for himself or another person either by direct action on his part or by counsel, recommendation, or suggestion to another person, particularly one with whom he has family, business, or financial ties. For the purpose of this paragraph, “inside information" means information obtained under Government authority which has not become part of the body of public information.

(2) A special Government employee is encouraged to engage in teaching, lecturing, and writing that is not prohibited by law or regulations. However, a special Government employee shall not, either for or without compensation, engage in teaching, lecturing, or writing that is dependent 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 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.

(c) Coercion. A special Government employee shall not use his Government employment to coerce, or give the appearance of coercing, a person to provide financial benefit to himself or another person, particularly one with whom he has family, business, or financial ties.

(d) Gifts, entertainment, and favors. (1) Except as provided in subparagraph (2) of this paragraph, a special Government 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:

(i) Has, or is seeking to obtain, contractual or other business or financial relations with the bank; or

(ii) Has interest that may be substantially affected by the performance or nonperformance of the special Government employee's official duty.

In those cases in which the tender of any such gift, gratuity, or other thing of monetary value occurs under circumstances making the return thereof to the donor either impractical or impossible, or where it is considered that the return thereof would occasion embarrassment to the Bank, the special Government employee shall promptly deliver the item involved to the Administrative Officer of the Bank. All such items delivered to the Administrative Officer shall be disposed of by him in accordance with instructions of the Ethics Committee.

(2) Notwithstanding the foregoing, a special Government employee may:

(i) Accept gifts, entertainments, or favors given as a result of obvious family or personal relationships (such as those between parents, children, or spouse of the special Government employee and the special Government employee) when the circumstances make it clear that it is those relationships rather than the business of the persons concerned which are the motivating factors;

(ii) Accept food and refreshments of nominal value on infrequent occasions in the ordinary course of a luncheon or dinner meeting or other meeting (including functions sponsored by a government or an embassy and ceremonial functions), or on an inspection tour where such special Government 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 normal 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.

(e) Further disclosure. If a special Government employee submitted to the Bank information as to his private employment and financial interests, he shall advise the Bank of any major change in such information promptly after such change has occurred. A special Government employee shall promptly advise the Bank of any additional employment with other Government agencies which he may have accepted after his appointment by the Bank.

(f) Representation on matter pending. No person while carried on the Bank's records as a special Government employee shall be permitted to act as

agent or attorney for anyone in connection with any matter which is or was pending before the Bank at any time when such person is or was carried on the Bank's records except if he has worked for the Bank, as of the day he acts, less than 61 days of the preceding 365 days, but the exception shall not apply if such person had been disqualified with respect to the same matter at any previous time.

(g) Representation on matter worked on. No person who is or once was carried on the Bank's records as a special Government employee shall be permitted to act as agent or attorney for anyone in connection with any matter which relates to the subject on which he is or was working at the Bank unless his thus acting as agent or attorney occurs with the knowledge and express written approval of the appointing officer responsible for his appointment.

(h) Statements of employment and financial interests. Statements of employment and financial interests shall be submitted by every special Government employee who is being paid at a salary which, on an annual basis, is equal to or more than the minimum of grade GS-13 under section 5332 of title 5, United States Code, and whose basic duties and responsibilities require him to be responsible for making a Bank decision or taking Bank action where the decision or action has an economic impact on the interests of any non-Federal enterprise; and by every special Government employee who is an expert or consultant as defined in Chapter 304 of the Federal Personnel Manual. The time and manner of submission of statements, and the procedures with respect thereto are specified in Subpart E of this part.

(i) Statutory provisions. Attention is directed to the following statutory provisions:

(1) The prohibition against a Bank employee participating, in any manner, upon the deliberation or determination of any matter affecting his personal interest or the interests of any corporation, partnership, or association in which he is directly or indirectly interested (12 U.S.C. 635a(e)).

(2) The prohibition against bribes and related offenses (18 U.S.C. 201).

(3) The prohibition against gifts among Government employees who are in the position of superior-subordinate to each other (5 U.S.C. 113).