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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. $ 400.735–42 Standards of conduct ap

plicable to special Government em

ployees. The following is intended for the guidance of special Government employees who are working for 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 agent or attorney for anyone in connecany such gift, gratuity, or other thing of tion with any matter which is or was monetary value occurs under circum- pending before the Bank at any time stances making the return thereof to the when such person is or was carried on donor either impractical or impossible, the Bank's records except if he has or where it is considered that the re- worked for the Bank, as of the day he turn thereof would occasion embarrass- acts, less than 61 days of the preceding ment to the Bank, the special Govern- 365 days, but the exception shall not ment employee shall promptly deliver apply if such person had been disqualithe item involved to the Administrative fied with respect to the same matter at Officer of the Bank. All such items de- any previous time. livered to the Administrative Officer (g) Representation on matter worked shall be disposed of by him in accordance on. No person who is or once was carwith instructions of the Ethics Com- ried on the Bank's records as a special mittee.

Government employee shall be permitted (2) Notwithstanding the foregoing, a to act as agent or attorney for anyone in special Government employee may: connection with any matter which re

(i) Accept gifts, entertainments, or lates to the subject on which he is or was favors given as a result of obvious family working at the Bank unless his thus or personal relationships (such as those acting as agent or attorney occurs with between parents, children, or spouse of the knowledge and express written apthe special Government employee and proval of the appointing officer responthe special Government employee) when sible for his appointment. the circumstances make it clear that it (h) Statements of employment and is those relationships rather than the financial interests. Statements of embusiness of the persons concerned which ployment and financial interests shall are the motivating factors;

be submitted by every special Govern(ii) Accept food and refreshments of ment employee who is being paid at a nominal value on infrequent occasions in salary which, on an annual basis, is the ordinary course of a luncheon or equal to or more than the minimum of dinner meeting or other meeting (in- grade GS-13 under section 5332 of title cluding functions sponsored by a govern- 5, United States Code, and whose basic ment or an embassy and ceremonial duties and responsibilities require him functions), or on an inspection tour to be responsible for making a Bank dewhere such special Government em- cision or taking Bank action where the ployee is authorized by the Bank to be in decision or action has an economic imattendance;

pact on the interests of any non-Federal (iii) Accept loans from banks or other enterprise; and by every special Governfinancial institutions on customary ment employee who is an expert or conterms to finance proper and normal ac

sultant as defined in Chapter 304 of the tivities of employees, such as home Federal Personnel Manual. The time and mortgage loans; and

manner of submission of statements, and (iv) Accept unsolicited advertising or the procedures with respect thereto are promotional material, such as pens, pen

specified in Subpart E of this part. cils, note pads, calendars, and other (i) Statutory provisions. Attention is items of nominal intrinsic value.

directed to the following statutory (e) Further disclosure. If a special provisions: Government employee submitted to the (1) The prohibition against a Bank Bank information as to his private em- employee participating, in any manner, ployment and financial interests, he upon the deliberation or determination shall advise the Bank of any major of any matter affecting his personal inchange in such information promptly terest or the interests of any corporaafter such change has occurred. A spe

tion, partnership, or association in which cial Government employee shall prompt

he is directly or indirectly interested (12 ly advise the Bank of any additional

U.S.C. 635a (e)). employment with other Government agencies which he may have accepted

(2) The prohibition against bribes and after his appointment by the Bank.

related offenses (18 U.S.C. 201). (f) Representation on matter pend

(3) The prohibition against gifts ing. No person while carried on the among Government employees who are Bank's records as a special Government in the position of superior-subordinate employee shall be permitted to act as to each other (5 U.S.C. 113).

(4) The prohibition against gifts and Subpart E-Procedures for Submission so forth from a foreign government un- of Statements of Employment and less authorized by act of Congress (Ar

Financial Interests ticle I, section 9 of the U.S. Constitution).

$ 400.735–50 Applicability. (5) The prohibition relating to con

Pursuant to Executive Order 11222 flicts of interests and related offenses

dated May 8, 1965, and Part 735 of Civil (18 U.S.C. 203, 205, 207, and 208).

Service Commission regulations (5 CFR (6) The prohibition against lobbying

Part 735), this Subpart E sets forth the with appropriated funds (18 U.S.C.

rules which shall apply in connection 1913).

with the submission of statements of em(7) The prohibitions against disloyalty

ployment and financial interests. and striking (5 U.S.C. 7311, 18 U.S.C. 1918).

$ 400.735–51 Time and place for sub

mission. (8) The prohibition against the employment of a member of a Communist Statements referred to shall be suborganization (50 U.S.C. 784).

mitted by all employees of the Bank (9) The prohibition against: (i) The (whether full-time or part-time) who are disclosure of classified information (18 required to submit such statements, on U.S.C. 798, 50 U.S.C. 783); and (ii) the September 30, 1967, June 30, 1968, and disclosure of confidential information (18 annually thereafter. Employees who, U.S.C. 1905).

after September 30, 1967, are appointed (10) The prohibition against the mis- to a position requiring submission of such use of a Government vehicle (31 U.S.C.

statements, shall submit such statements 638a (c)).

within 30 days after appointment or on (11) The prohibition against the mis

June 30, 1968, whichever is earlier. All

statements shall be submitted to the use of the franking privilege (18 U.S.C.

Chairman of the Ethics Committee. Each 1719).

employee who previously submitted any (12) The prohibition against fraud or

such statement shall submit a supplefalse statements in a Government matter

mentary statement each June 30, regard(18 U.S.C. 1001).

less of whether or not there were occur(13) The prohibition against mutilat

rences which would require changes in, ing or destroying a public record (18

or additions to, information previously U.S.C. 2071).

submitted, and shall at all times avoid (14) The prohibition against counter

acquiring a financial interest that could feiting and forging transportation re

result, or taking an action that would quests (18 U.S.C. 508).

result, in a violation of the conflicts-of(15) The prohibition against: (i) Em

interest provisions of section 208 of title bezzlement of Government money or

18, United States Code, or of this part. property (18 U.S.C. 641); (ii) failing to

[32 F.R. 13759, Oct. 3, 1967] account for public money (18 U.S.C. 643); and (iii) embezzlement of the

§ 400.735–52 Form of statements. money or property of another person in Statements of employment and finanthe possession of an employee by reason cial interests shall be submitted on standof his employment (18 U.S.C. 654). ard forms provided by the Civil Service

(16) The prohibition against unau- Commission, copies of which are availthorized use of documents relating to able in the Personnel Office of the Bank. claims from or by the Government (18 The following rules shall be observed in U.S.C. 285).

preparing ithe statements: (17) The prohibitions against political (a) The interest of a spouse, minor activities in subchapter III of chapter 73 child, or other member of the employee's of title 5, United States Code and 18 immediate household is considered to be U.S.C. 602, 603, 607, and 608.

an interest of the employee. For the (18) The prohibition against an em- purpose of this paragraph (a), “member ployee acting as the agent of a foreign of an employee's immediate household" principal registered under the Foreign means those blood relations who are resiAgents Registration Act (18 U.S.C. 219). dents of the employee's household. (31 F.R. 3048, Feb. 22, 1966, as amended at (b) If any information required to be 32 F.R. 13758, Oct. 3, 1967)

included on a statement of employment

em

and financial interests or supplementary $ 400.735–55 Review of statements and statement, including holdings placed in remedial action. trust, is not known to the employee but

All statements submitted to the Chairis known to another person, the employ

man of the Ethics Committee shall be ee shall request that other person to sub

reviewed by him in consultation with mit information in his behalf.

the other members of the Ethics Com(c) An employee is not required to sub

mittee as he deems appropriate. If any mit on a statement of employment and

statement or information from other financial interests or supplementary

sources discloses a conflict of interest, or statement any information relating to

an apparent conflict of interest, between the employee's connection with, or in

the interests of an employee and the terest in, a professional society of a char

performance of such employee's duties at itable, religious, social, fraternal, recrea

the Bank, the Chairman of the Ethics tional, public service, civic, or political

Committee shall give such employee an organization, or a similar organization

opportunity to explain such conflict, or not conducted as a business enterprise.

apparent conflict, and if such explanaFor the purpose of this paragraph (c),

tion is not satisfactory, the Chairman of educational and other institutions doing

the Ethics Committee shall take such research and development or related

action as he deems appropriate to resolve work involving grants of money from or

such conflict, or apparent conflict. If contracts with the Government are

the Chairman of the Ethics Committee deemed “business enterprises” and are

is unable to resolve such conflict, or aprequired to be included in an employee's

parent conflict, he shall report the matstatement of employment and financial ter to the President of the Bank who interests.

shall then take appropriate remedial ac$ 400.735-53 Confidentiality of

tion to end such conflict, or apparent ployees' statements.

conflict. Remedial action may include,

but is not limited to: The Bank shall hold each statement

(a) Changes in assigned duties; of employment and financial interests,

(b) Divestment by the employee of his and each supplementary statement, in conflicting interest; confidence. To insure this confidentiality, (c) Disciplinary action; or the Chairman of the Ethics Committee (d) Disqualification for a particular is designated to review and retain the assignment. statements, and shall be responsible

Remedial action, whether disciplinary or for the maintenance of the statements in

otherwise, shall be effected in accordance confidence, and he shall not allow ac- with any applicable laws, Executive orcess to, or allow information to be dis- ders, and regulations. closed from, a statement except to carry out the purpose of this part. The Bank

PART 401-PROCEDURES may not disclose information from a Sec. statement except as the Civil Service

401.1 Types of credit assistance available. Commission or the President of the Bank

401.2 How to apply.

401.3 Principals, agents, certifications and may determine for good cause shown.

covenants. (32 F.R. 13759, Oct. 3, 1967]

AUTHORITY: The provisions of this part $ 400.735–54 Effect of employees' state

401 issued under sec. 2, 59 Stat. 526, as ments on other requirements.

amended; 12 U.S.C. 635. The statements of employment and

SOURCE: The provisions of this part 401 financial interests and supplementary

appear at 22 F.R. 6863, Aug. 24, 1957, unless

otherwise noted. statements required of employees are in addition to, and not in substitution for, § 401.1 Types of credit assistance avail. or in derogation of, any similar require

able. ment imposed by law, order, or regula- (a) Direct financing. The Bank ention. The submission of a statement or gages in direct financing of exports when supplementary statement by an employee it purchases from an exporter without does not permit him or any other person recourse upon him a portion of the notes to participate in a matter in which his or acceptances of a foreign importer or the other person's participation is pro- received by the exporter in connection hibited by law, order, or regulation. with an export sale. In a like manner, direct financing of exports is provided or importers, (2) private firms, whether by the Bank when it makes loans to a domiciled in the United States or abroad, United States or foreign private entity that desire to purchase United States or foreign government for purchases of materials, equipment, or services for United States materials, equipment or utilization in a project abroad, and (3) services destined for a project abroad. foreign governments on their agencies Similarly the Bank directly finances that wish to purshase United States maimports when it purchases the obligation terials, equipment, or services for utilizaof a United States importer in connec- tion in a project abroad. tion with an import transaction.

§ 401.3 Principals, agents, certifications (b) Guaranties. In lieu of direct pur

and covenants. chase of obligations by the Bank, the fiancing of either exports or imports

(a) Principals. Applications for credis frequently provided through guar

its must be signed by the principals inanties extended directly to exporters or

volved. In the case of a corporation or importers, or through purchase of the similar entity, a duly authorized officer obligations from them by a commercial of the entity shall sign on its behalf. In bank or other financial institution in the the case of a government, a duly accredUnited States under an agency or guar

ited representative of the government anty agreement with the Export-Import

shall sign on its behalf. In the case of a Bank. Such guaranties may cover all

United States exporter seeking financing of the risks of repayment or, if so re

of the sale of goods to a foreign buyer quested, may be limited to coverage only

on credit terms, the exporter shall conof dollar transfer or other specified risks. stitute the principal.

(c) Advance commitments. United (b) Agents. The Bank prefers to deal States exporters who expect to bid on

with principals, especially in negotiaspecific foreign business may consult the tions leading up to the granting of a loan, Export-Import Bank prior to submission but the applicant has the right to engage of bids in order to obtain an understand

attorneys, engineers, or other qualified ing of the conditions under which the persons to advise and aid in preparing Bank might consider the granting of a

material required by the Bank in conneccredit or a guaranty. In instances in tion with a loan application or with the which sufficient information is supplied

operation of a loan which has been with respect to the prospective buyer and granted. the proposed transaction, the Bank will

(c) Certification. (1) Every person, issue a commitment to enable the ex- including any foreign government or an porter to make a bid or negotiate a con

agency thereof, individual, partnership, tract of sale.

corporation, or association, in whose

favor the Bank authorizes the extension § 401.2 How to apply.

of financial assistance within the pur(a) Method of application. Applica- view of the Export-Import Bank Act of tions to Export-Import Bank should be 1945, as amended, shall, as a condition in writing but no application form is precedent to the utilization of such fiprescribed. The applicant should pre- nancial assistance, represent and certify sent all the information on which he to the Bank in such form and at such relies to justify financial assistance by time or times as may be prescribed by the Bank. Additional information, if the Bank that: required, will be requested by the Bank (i) Such person has not paid or agreed after review of the initial submission. to pay to any person including any inAlternatively, preliminary inquiry may dividual, partnership, corporation, or be made in a letter to the Bank outlining association, except its regular full-time the proposed transaction. On the basis individual employees or staff members to of the information contained in such a the extent of their regular remuneration, letter, the Bank should be able to indi- any commission, fee, or compensatio in cate whether it would be advisable for connection with obtaining such financial the applicant to take the time and incur assistance, except such amounts as are the expense involved in preparation of included in the certificate, such certifia complete application.

cate to set forth the name and address (b) Classes of applicants. Applicants of each such person or persons, together may be divided into three general types with the description of the services renas follows: (1) United States exporters dered, accompanied by the verification of

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