« PreviousContinue »
(b) Enlargement. When by the regu flict between the interests of an emlations in this chapter or by a notice ployee or special Government employ given thereunder or by order of the ee of the Commission and the perCommission an act is required or al formance of such employee's services lowed to be done at or within a specific for the Government, the Designatec time, the Commission for good cause Ethics Officer shall have the indicatec shown may, at any time in its discre conflict brought to the attention o tion (1) with or without motion, the employee or special Governmen notice, or previous order or (2) upon employee, grant the employee or spe motion, permit the act to be done cial Government employee, an oppor after the expiration of the specified tunity to explain the indicated con period.
flict, and attempt to resolve the indi
cated conflict. If the indicated conflic PART 502-EMPLOYEE
cannot be resolved, the Designated RESPONSIBILITIES AND CONDUCT Ethics Officer shall forward a written
report on the indicated conflict to th Sec.
Chairman of the Commission througl 502.1 Adoption of regulations.
the counselor for the agency designat 502.2 Review of statements of employment ed under 5 CFR 735.105(a).
and financial interests.
8 502.3 Disciplinary and other remedia action.
action. 502.4 Gifts, entertainment, and favors. 502.5 Outside employment and other activ An employee or special Governmer ity.
employee of the Commission who vi 502.6 Specific provisions of agency regula lates any of the regulations in th tions governing special Government em
part or adopted under $ 502.1 may t ployees.
disciplined. The disciplinary actic 502.7 Statements of employment and financial interests.
may be in addition to any penalty pr 502.8 Supplementary statements.
scribed by law for the violation. In a
dition to or in lieu of disciplina, AUTHORITY: E.O. 11222 of May 8, 1965, 3 CFR, 1965 Supp., p. 130; 5 CFR 735.101 et
action, remedial action to end conflic seq.
or appearance of conflicts of intere SOURCE: 52 FR 17560, May 11, 1987, unless
may include but is not limited to: otherwise noted.
(a) Changes in assigned duties;
(b) Divestment by the employee 8 502.1 Adoption of regulations.
special Government employee of ti
employee's conflicting interest; or Pursuant to 5 CFR 735.104(f), the
(c) Disqualification for a particul Foreign Claims Settlement Commission of the United States (referred to
assignment. hereinafter as “the Commission")
8 502.4 Gifts, entertainment, and favors. hereby adopts the following sections of Part 735 of Title 5, Code of Federal
The Commission authorizes the Regulations: Sections 735.101-102,
ceptions to 5 CFR 735.202(a) set for 735,2018, 735.202 (a), (d), (e), (f) in 5 CFR 735,202(b) (1) through (4). through 735.210, 735.303(a), 735.304, 735.305(a), 735.403(a), 735.404, 735.405,
8 502.5 Outside employment and other 735.407 through 735:411, 735.412 (b)
tivity. and (d). These adopted sections are An employee of the Commissi modified and supplemented as set may engage in outside employment forth in this part.
other Qutside activity not incompati
with the full and proper discharge 8 502.2 Review of statements of employ the duties and responsibilities of su ment and financial interests. ·
employee's Government employme Each statement of employment and Provided, however, That no proj financial interests submitted under sional officer or employee of the Cc this Part shall be reviewed by the mission shall engage in the priv Commission's Designated Ethics Offi practice of such officer or employ cer. When this review indicates a con profession, and no officer or emplos
regardless of the nature of his or her PART 503PUBLIC INFORMATION duties with the Commission, shall engage in the private practice of law,
Sec. except upon the prior approval in 503.1 Organization and authority_Foreign writing by the Chairman of the Com
Claims Settlement Commission. mission,
503.2 Material to be published in the Fed.
eral Register pursuant to Pub. L. 89-487. 8 502.6 Specific provisions of agency regu 503.3 Effect of nonpublication.
lations governing special Government 503.4 Incorporation by reference.
503.5 Records generally available.
503.6 Current index. (a) Special Government employees
503.7 Additional documents and records of the Commission shall adhere to the
generally available for inspection and standards of conduct applicable to em copying. ployees as set forth in this part and 503.8 Effect of noncompliance. adopted under $ 502.1, except 5 CFR 503.9 Availability of records. 735.203(b).
503.10 Actions on requests. (b) Special Government employees
503.11 Appeals. of the Commission may teach, lecture,
503.13 Fees for services. or write in a manner not inconsistent with 5 CFR 735.203(C).
AUTHORITY: 5 U.S.C. 552. (c) Pursuant to 5 CFR 735.305(b), SOURCE: 52 FR 17561, May 11, 1987, unless the Commission authorizes the same otherwise noted. exceptions concerning gifts, entertainment, and favors for special Govern 8 503.1 Organization and authority-Forment employees as are authorized for
eign Claims Settlement Commission. employees by $ 502.4.
(a) The Foreign Claims Settleinent 8 502.7 Statements of employment and fi
Commission of the United States (“the
Commission") is an independent nancial interests.
agency of the Federal Government (a) In addition to the employees re
created by Reorganization Plan No. 1 quired to submit statements of em
of 1954 (68 Stat. 1279) effective July 1, ployment and financial interests under
1954. The Commission was transferred 5 CFR 735.403(a), attorneys in charge
to the Department of Justice as an inof divisions shall submit statements of
dependent agency within that Departemployment and financial interests.
ment as of October 1, 1980, under the (b) Each statement of employment terms of Pub. L. 96-209, approved and financial interests required by this
March 14, 1980 (94 Stat. 96, 22 U.S.C. section shall be submitted to the
1622c). Its duties and authority are deChairman of the Commission.
fined in the International Claims Set(c) An employee who believes that tlement Act of 1949, as amended (64 his or her position has been improper Stat. 12, 22 U.S.C. 1621-16450) and the ly included in this section as one re War Claims Act of 1948 (62 Stat. 1240, quiring the submission of a statement 50 U.S.C. App. 2001-2017p). of employment and financial interests
(b) The Commission has jurisdiction may obtain a review thereof under the
to determine claims of United States Commission's grievance procedure. nationals against foreign governments
for compensation for losses and inju8 502.8 Supplementary statements.
ries sustained by such nationals, purNotwithstanding the filing of the suant to programs which may be auannual supplementary statement re thorized under either of said Acts. quired by 5 CFR 735.406, each employ Available funds have their sources in ee shall at all times avoid acquiring a international settlements or liquidafinancial interst that could result, or tion of foreign assets in this country taking an action that would result, in by the Department of Justice or a violation of the conflicts-of-interest Treasury, and from public funds when provisions of section 208 of Title 18, provided by the Congress. United States Code, or the regulations (c) The Chairman and the two partin this part or adopted under $ 502.1. time members of the Commission are
All appointed by the President with the law, and statements of general policy
advice and consent of the Senate to or interpretations of general applica
serve for 3-year terms of office as pro bility formulated and adopted by the 1-2 vided by Pub. L. 96-209, supra.
agency. (d) All functions of the Commission (e) Every amendment, revision, or are vested in the Chairman with re
repeal of the foregoing. spect to the internal management of the affairs of the Commission, includ 8 503.3 Effect of nonpublication. ing but not limited to: (1) The appointment of personnel
Except to the extent that a person employed under the Commission;
has actual and timely notice of the (2) The direction of employees of
terms thereof, no person shall in any the Commission and the supervision of
manner be required to resort to, or be their official duties;
adversely affected by, any matter re(3) The distribution of business quired to be published in the FEDERAL among employees and organizational REGISTER and not so published. units under the Commission; (4) The preparation of budget esti
8 503.4 Incorporation by reference. mates; and
For purposes of this part, matter (5) The use and expenditures of which is reasonably available to the funds of the Commission available for
class of persons affected thereby shall expenses of administration.
be deemed published in the FEDERAL (e) Requests for records shall be
REGISTER when incorporated by refermade in writing by mail or presented
ence therein with the approval of the in person to the Administrative Offi
Director of the Federal Register. cer, Foreign Claims Settlement Comttle mission, Washington, DC, 20579.
8 503.5 Records generally available. (f) The offices of the Commission epende are located at 1111 20th Street NW.
The Commission will make promptly erum (Vanguard Building), 4th Floor, Wash
available to any member of the public en Nington, DC.
the following documents:
(a) Proposed and Final Decisions (innsfer 8 503.2 Material to be published in the cluding dissenting opinions) and all
Federal Register pursuant to Pub. L. orders made with respect thereto;
(b) Statements of policy and interThe Commission shall separately pretations which have been adopted pprox state and concurrently publish the fol by the Commission which have not 2 US lowing materials in the FEDERAL REGIS been published in the FEDERAL REGISared TER for the guidance of the public: (a) Descriptions of its central and
(c) A current index, which shall be ded field organization and the established
updated at least quarterly, covering and the places at which, the officers from
the foregoing material adopted, issued t. 18 whom, and the methods whereby, the
or promulgated after July 4, 1967. public may secure information, make
Publication of an index is deemed dictis submittals or requests, or obtain deci
and impractical State sions. (b) Statements of the general course
However, copies of the index are availd ink and method by which its functions are
able upon request for a fee of the channeled and determined, including
direct cost of duplication. the nature and requirements of all
8 503.6 Current index. Att formal and informal procedures avail
The Commission shall maintain and (c) Rules of procedure, descriptions make available for public inspection of forms available or the places at and copying, current indexes providing which forms may be obtained, and in identifying information for the publi structions as to the scope and contents as to any matter issued, adopted, o of all papers, reports, or examinations.
promulgated after July 4, 1967, as re (d) Substantive rules of general ap
quired by 5 U.S.C. 552(a)(2), plicability adopted as authorized by
Is, pe be ai
rces i able,
iquids Junt ce wher
8 503.7 Additional documents and records is mailed or hand-delivered to the
generally available for inspection and Commission.
(b) If the requirements of paragrap. The following kinds of documents
(a) of this section are not met, the te are also available for inspection and
day time limit described in $ 503.101 copying in the offices of the Commis
will not begin to run until the reques sion:
has been identified by an official (a) Rules of practice and procedure. employee of the Commission as a ? (b) Annual report of the Commission
quest under the Freedom of Inform to the Congress of the United States.
tion Act and has been received by the (c) Bound volumes of Commission
appropriate official or employee of the decisions.
Commission. (d) International Claims Settlement (C) Each person desiring access to Act of 1949, with amendments; the record covered in this part that is k War Claims Act of 1948, with amend
cated in the Commission, or to obtain ments; and related Acts.
a copy of such a record, must makes (e) Claims agreements with foreign written request to the Administratin governments effecting the settlement Officer, Foreign Claims Settlemen of claims under the jurisdiction of the Commission, 1111 20th Street NW Commission.
Washington, DC 20579. (f) Press releases and other miscella (d) Each request should reasonabl neous material concerning Commis describe the particular record request sion operations.
ed. The request should specify the (8) Indexes of claims filed under the subject matter, the date when it wa various claims programs administered made and the person or office the by the Commission.
made it. If the description is insuff
cient, the official or employee har 8 503.8 Effect of noncompliance.
dling the request may notify the No decision, statement of policy, in person making the request and, to th
: terpretation, or staff manual or in extent possible, indicate the additional struction that affects any member of data required. the public will be relied upon, used, or (e) Each record made available cited as precedent by the Commission under this section is available for fr. against any private party unless it has spection and copying during regular been indexed and either made avail working hours. Original document able or published as provided by this may be copied but may not be released Part, or unless that private party shall from custody. have actual and timely notice of the (f) Authority to administer this par terms thereof.
records is delegated to the Administra 8 503.9 Availability of records.
tive Officer or the Commission en (a) Each person desiring access to a ployee acting in that official's capao record covered by this part must ity. comply with the following provisions: (1) A written request must be made
8 503.10 Actions on requests. for the record.
(a) The Administrative Officer of (2) Such request must indicate that
any employee acting in that official's it is being made under the Freedom of capacity shall determine within ten Information Act.
days (excepting Saturdays, Sundays (3) The envelope in which the re and legal public holidays) after the re quest is sent must be prominently ceipt of any such request whether to marked with the letters "FOIA”.
comply with such request. Upon re (4) The request must be addressed to
ceipt of a request for a Commission the appropriate official or employee of record which is available, thu Adminis
. the Commission as set forth in para trative Officer or other employee shall graph (c) of this section.
notify the requester as to the time the (5) The foregoing requirements must record is available, and shall promptly be complied with whether the request make the record available after advis
ad-delng such requester of the applicable days) after the receipt of such appeal.
fees under $ 503.13. The person If, on appeal, the denial of the request mentimaking such request shall be notified for records is in whole or in part re not immediately after any adverse deter upheld, the person making such reribed i mination, the reasons for making such quest shall be notified of the provin unti adverse determination and the right of sions for judicial review of that deterI by a such person to appeal.
mination under section 552(a)(4) of ommista (b) Any denial of a request for a
Title 5, United States Code. eedom record shall be written and signed by en rece the Administrative Officer or other 8 503.11 Appeals. por em employee, including a statement of the reason for denial. Such statement
(a) Any person to whom a record has
not been made available within the esiring shall contain, as applicable: (1) A reference to the specific ex
time limits established by paragraph emption under the Freedom of Infor
(d) of $ 503.10, and any person who ssion, or
has been given an adverse determinamation Act authorizing the withhold. ord, mis ing of a record, and to the extent con
tion pursuant to paragraph (b) of ne Admi sistent with the purpose of the exemp
$ 503.10, that a requested record will aims tion, an explanation of how the ex
not be disclosed, may apply to the Oth Stre emption applies to the record with
Chairman of the Commission, or in 9. held.
the Chairman's absence an officer or Ehould nu (2) If a record requested does not
employee designated by the Chairr reconis exist or has been legally disposed of, man, for reconsideration of the reould sø the requester shall be so notified. quest. A determination that a record ate whe (c) In unusual circumstances, the will not be disclosed is not administra
or of time limit prescribed in paragraph (a) tively final for the purpose of judicial iption is
may be extended by written notice to review unless it was made by the emplop the person making such request set Chairman or Chairman's designee, hay not ting forth the reasons for such exten unless the applicable time limit has uest ani sion and the date on which a determi passed without a determination of the ce the ad nation is expected to be dispatched. appeal having been made. No such notice shall specify a date
(b) Each application for reconsidernade at that would result in an extension for
ation must be made in writing within Vailable! more than ten working days. As used
thirty days from the date of receipt of during 1 in this paragraph, "unusual circum
the original denial and must include mal der stances” means, but only to the extent
all information and arguments relied not ber reasonably necessary to the proper processing of the particular request
upon by the person making the re
quest. Such application must indicate (1) The need to search for and col
that it is an appeal from a denial of a Come lect the requested records from other
request made under the Freedom of ne Admi establishments that are separate from
Information Act. The envelope ir mmisto the office processing the request; (2) The need to search for, collect,
which the application is sent must be and appropriately examine a volumi
prominently marked with the letters nous amount of separate and distinct
"FOIA”. If these requirements are not records which are demanded in a
met, the twenty day limit described ir single request; or
$ 503.10 will not begin to run until the (3) The need for consultation, which
application has been identified as ar shall be conducted with all practicable application under the Freedom of In speed, with another agency having a
formation Act and has been received substantial interest in the determina by the appropriate office. tion of the request or among two or
(C) Whenever it is to be determine more components of the agency
necessary, the person making the re having substantial subject-matter in quest may be required to furnish addi terest therein.
tional information, or proof of factua (d) With respect to determinations allegations and other proceedings ar on appeals, such determinations shall propriate in the circumstances may b be made within twenty days (except ordered. The decision of the Chairma ing Saturdays, Sundays, and legal holi or Chairman's designee as to the avai
e Offi that oli
withi ys, Su
after the wheth
Commi chu Ads ploge! Che time