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CHAPTER IV-EXPORT-IMPORT BANK OF

THE UNITED STATES

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PART 400 STANDARDS OF

CONDUCT Sec. 400.735-1 General. Subpart A-Regular Full-time Bank Employees

Standards of Conduct 400.735–5 Gifts, gratuities, entertainment,

and favors. 400.735–6 Outside employment and other

activities. 400.735–7 Financial interest of Bank em

ployee or connected person or

entity. 400.735–8 Confidential information. 400.735-9 Former employees. 400.735–10 Future employment. 400.735-11 Recommendation of outside

services. 400.735–12 Use of Government property. 400.735–13 Personal financial integrity. 400.735–14 Gambling, betting, and lotteries. 400.735–15 General conduct prejudicial to

the Bank. 400.735–16 Courtesy. 400.735–17 Miscellaneous statutory provi

sions.

Subpart B-Implementation 400.735–20 Dissemination. 400.735-21 Ethics Committee. 400.735-22 Counselor on Ethics. 400.735–23 Deputy Counselor on Ethics. 400.735–24 Availability of counseling. 400.735–25 Complaints. 400.735–26 Disciplinary and other remedial

action. Subpart C—Special Categories of Bank Employees 400.735–30 Bank employees who are re

quired to submit statements of employment and financial interests.

Sec. 400.735–31 Bank employees other than reg

ular full-time. 400.735–32 Presidential appointees. Subpart D—Procedures Applicable to Other Than

Regular Full-Time Bank Employees and Certain

Related Standards of Conduct 400.735–40 Procedures governing appoint

ment and utilization. 400.735–41 Standards of conduct for per

appearing before the Bank other than as oficers

or employees of the Bank. 400.735–42 Standards of conduct applicable

to special Government em

ployees. Subpart E–Procedures for Submission of State

ments of Employment and Financial Interests 400.735–50 Applicability. 400.735–51 Time and place for submission. 400.735–52 Form of statements, 400.735–53 Confidentiality of employeesa

statements. 400.735–54 Effect of employees' statements

on other requirements. 400.735-55 Review of statements and reme

dial action. AUTHORITY: The provisions of this part 400 issued under E.O. 11222; 3 CFR 1964–1965 Comp.; 5 CFR 735.104.

SOURCE: The provisions of this Part 400 appear at 31 F.R. 3048, Feb. 22, 1966, unless otherwise noted. § 400.735–1 General.

(a) Subparts A through C of this part are issued to direct attention of Bank employees to certain important provisions of statute, in particular Public Law

87–849 effective January 21, 1963, relat- self, and prohibit a Bank employee from ing to bribery, graft, and conflicts of in- making a donation as a gift to a Bank terest, and to Executive Order 11222, employee in a superior official position. dated May 8, 1965—Prescribing Stand- (5 U.S.C. 7351) However, Civil Service ards of Ethical Conduct for Government Regulations provide that the foregoing Officers and Employees, and to set forth does not prohibit a voluntary gift of additional rules which each Bank em- nominal value or donation in a nominal ployee must observe. The references to amount made on a special occasion such statutes appearing in Subparts A as marriage, illness, or retirement. through C of this part are not intended (5) The Constitution prohibits an to be complete and the comments are officer of the Federal Government from not intended to be exhaustive. There- accepting a gift, present, decoration, or fore, even though Bank employees shall other thing from a foreign government be expected to conduct themselves in unless authorized by act of Congress. accordance with Subparts A through C (Article I, section 9) of this part, they shall not regard these (b) Rules and comment. (1) Except requirements as the entire expression of as provided in subparagraph (2) of this the highest standards of conduct and paragraph, a Bank employee shall not integrity.

solicit or accept, directly or indirectly, (b) Subpart D of this part pre- any gift, gratuity, favor, entertainment, scribes procedures governing the ap- loan, or any other thing of monetary pointment and utilization of other than value, from a person who: regular full-time Bank employees, and (i) Has, or is seeking to obtain, constandards of conduct for persons ap- tractual or other business or financial pearing before the Bank other than as relations with the Bank; or officers or employees of the Bank and (ii) Has interests that may be substandards of conduct applicable to spe- stantially affected by the performance cial Government employees.

or nonperformance of the Bank em(c) Subpart E of this part pre- ployee's official duty. scribes procedures for the submission of

In those cases in which the tender of any statements of employment and financial interests.

such gift, gratuity or other thing of

monetary value occurs under circumSubpart A-Regular Full-Time Bank stances making the return thereof to the Employees—Standards of Conduct doner either impractical or impossible, or

where it is considered that the return $ 400.735–5 Gifts, gratuities, entertain- thereof would occasion embarrassment ment, and favors.

to the Bank, the Bank employee shall (a) Constitutional and statutory. (1) promptly deliver the item involved to Criminal status prohibit a Bank em- the Administrative Officer of the Bank. ployee from soliciting or receiving any

All such items delivered to the Adminthing of value to himself or another in istrative Officer shall be disposed of by return for being influenced in the per

him in accordance with instructions of formance of an official act. (18 U.S.C. the Ethics Committee (see Subpart B of 201)

this part). (2) Criminal statutes prohibit a Bank

(2) Notwithstanding the foregoing, a employee from soliciting or receiving for Bank employee may: himself anything of value for or because (1) Accept gifts, entertainments, or of any official act performed or to be favors given as a result of obvious family performed by the Bank employee. (18 or personal relationships (such as those U.S.C. 201)

between parents, children, or spouse of (3) Criminal statutes forbid outside the Bank employee and the Bank empay for Government work. (18 U.S.C. ployee) when the circumstances make it 209)

clear that it is those relationships rather (4) Statutes prohibit a Bank employee

than the business of the persons confrom soliciting contributions from an- cerned which are the motivating factors; other Bank employee for a gift to a Bank

(ii) Accept food and refreshments of employee in a superior official position, nominal value on infrequent occasions prohibit a Bank employee in a superior in the ordinary course of a luncheon or official position from accepting a gift dinner meeting or other meeting (includpresented as a contribution from Bank ing functions sponsored by a government employees receiving less salary than him- or an embassy and ceremonial func

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). 131 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 oficial 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.

(3) (Reserved]

(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:

(1) Participating in discussions and meetings of a professional nature held outside of Washington to which such 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]

155

$ 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

part-time employee or consultant. employee. The power of exemption shall 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 employment (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

207).

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 in 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 one

acknowledged 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.

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