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(1) Employees in grade GS-16 or above, or in Comparable or higher positions. (2) Employees in Schedule C positionS. (3) Employees in hearing examiner or hearing officer positions. (4) Persons employed as experts, conSultants, or advisers. (5) Employees in positions or categories of positions, regardless of their Official title, identified in Appendix B Of this part. (d) Employees classified below GS-13 under Section 5332 of Title 5, United States Code, Or at a Comparable pay level under another authority, who are in positions Or Categories Of positions, regardless of their official title, identified in Appendix C to this part. (e) Appendices B and C. (1) Appendix B to this part shall be maintained and Changes made therein in accordance with the criteria, in 5 CFR 735.403(c) and in accordance with the procedure in this paragraph. Appendix C to this part shall be maintained and changes made therein in accordance with the Criteria, in 5 CFR, 735.403(d) and in accordance with the procedure in this paragraph. (2) Heads of Operating units and heads Of Offices in the Office of the Secretary shall, in conformity with the above-cited Criteria, recommend changes in Appendix B and Appendix C to the Assistant Secretary for Administration for approval. Changes in Appendix C shall be submitted, with specific justification, to the Office of PerSonnel Management for further prior approval. (3) Incumbents of positions added to Appendix B or to Appendix C shall become Subject to the reporting requirements of this part upon receipt of notification that their position is subject to such requirements. Appendix B and Appendix C shall be republished annually to reflect changes in the lists.

[32 FR 15222, Nov. 2, 1967, as amended at 55 FR 53489, Dec. 31, 1990]

§ 0.735–22a Employee's complaint on filing requirement.

An employee shall have an Opportunity for review through the Department of Commerce grievance procedure, as provided by Administrative Order 202–770, of a complaint by him

that his position has been inproperly included under the regulations of the Department as One requiring the Submission of a statement of employment and financial interests.

§ 0.735–23 Employees not required to submit statements.

(a) Employees in positions that meet the criteria in paragraph (b), (c), or (d) of § 0.735–22 may be excluded from the reporting requirement when the head Of the Operating unit Concerned determines that: (1) The duties of a position are such that the likelihood of the incumbent’s involvement in a COnflicts-of-interest Situation is remote; Or (2) The duties of a position are at such a level of responsibility that the Submission of a Statement of employment and financial interests is not necessary because Of the degree of Supervision and review Over the incumbent or the inconsequential effect on the integrity of the Government. (b) A Statement of employment and financial interests is not required by this part from the Secretary of Commerce, from the head of an independent agency for which the Department of Commerce performs administrative services, or from a full-time member of a committee, board, or commission appointed by the President. These employees are subject to separate reporting requirements under section 401 of Executive Order 11222.

§ 0.735–24 Time and place for submission of original statements.

(a) An employee required to submit a statement of employment and financial interests under this part shall Submit that statement not later than: (1) Ninety days after the effective date of this part if the employee is employed by the Department on or before the effective date of this part; or (2) Thirty days after the employee’s entrance on duty date, but in no case earlier than 90 days after the effective date of this part. (b) Statements shall be submitted to a personnel officer specified by the head of the operating unit or to such Other person as the head of the Operating unit, with the approval of the Secretary, may specify. Secretarial Officers and heads of Operating units shall submit their statements to the Secretary or to such person as the Secretary may designate.

§ 0.735–25 Supplementary statements.

Changes in, or additions to, the information contained in an employee’s statement of employment and financial interests shall be reported in a Supplementary Statement as Of June 30 each year, except when the Office of Personnel Management authorizes a different date On a showing by the Department Of necessity therefor. (The Commission has authorized filing Of the Supplementary statement for 1967 as of September 30, 1967.) If no changes or additions Occur, a negative report is reQuired. Notwithstanding the filing of the annual report required by this Section, each employee shall at all times avoid acquiring a financial interest that could result, or taking an action that would result, in a violation of the conflicts-of-interest provisions Of Section 208 of Title 18, United States Code, or subpart D of this part.

[32 FR 15222, Nov. 2, 1967, as amended at 55 FR 53489, Dec. 31, 1990]

§ 0.735–26 Interests of employees’ relatives.

The interest of a Spouse, minor Child, or other member of an employee’s immediate household is considered to be an interest of the employee. For the purpose of this Section, “member of an employee’s immediate household” means those blood relations who are members of the employee's household.

§ 0.735–27 Information not known by employees.

If any information required to be included on a statement of employment and financial interests or supplementary statement, including holdings placed in trust, is not known to the employee but is known to another perSon, the employee shall request that Other person to submit information in his behalf.

§ 0.735–28 Information not required.

This part does not require an employee to Submit on a statement of employment and financial interests or Supplementary statement any information relating to the employee's connection with, or interest in, a professional Society or a Charitable, religious, soCial, fraternal, recreational, public service, civic, or political organization or a similar Organization not conducted as a business enterprise. For the purpose of this section, educational and Other institutions doing research and development or related work involving grants of money from or Contracts with the Government are deemed “business enterprises” and are required to be included in an employee’s Statement Of employment, and financial interests.

§ 0.735–29 Confidentiality of employees’ statements.

(a) NO employee may have access to a Statement of employment and financial interests, or a Supplementary Statement, unless his official duties make access necessary. Each employee who has access to Such a statement is reSponsible for maintaining it in confidence and shall not allow access to, Or allow information to be disclosed from, a statement except to an employee Of the Department Of Commerce or the Office of Personnel Management to carry out the purpose of this part or to other persons as the Office of PerSonnel Management or the Assistant Secretary for Administration may determine for good Cause shown. (The foregoing limitations do not apply to release of information by an employee with respect to a Statement he has submitted under this Section.)

(b) The employees designated in paragraph (b) of $0.735–24 to receive Statements are authorized to review and retain the statements and are responsible for maintaining the Statements in confidence, as provided in this Section.

[32 FR 15222, Nov. 2, 1967, as amended at 55 FR 53489, Dec. 31, 1990]

§ 0.735–30 Relation of this part to other requirements.

(a) The requirement that employees submit statements of employment and financial interests and supplementary statements under this part is in addition to, and not in substitution for, or in derogation of, any similar requirement in posed by law, order, or regulation.

(b) The Submission of a Statement Or supplementary statement by an employee does not permit him or any other person to participate in a matter in which his or the other person’s participation is prohibited by law, Order, or regulation, including this part.

§ 0.735–31 Special Government employ©eS,

(a) Special Government employees shall be required to report: (1) All other employment; and (2) . Financial interests specified On Form CD–219. (b) A waiver may be granted to the requirements of this section in the case of a Special Government employee who is not a consultant or expert (as defined in Chapter 304 of the Federal Personnel Manual) when a determination is made that the duties of the position held by that special Government employee are of such a nature and at Such a level of responsibility that the Submission of the statement by the incumbent is not necessary to protect the integrity of the Government. Any such waiver shall be approved by the head of the operating unit concerned or his designee. A copy of the waiver shall be filed with the deputy counselor for the Organization unit concerned. (c) The original statement of employment and financial interests required to be submitted by a special Government employee shall be submitted not later than his entry on duty. Each Special employee shall keep his Statement current throughout his employment with the Department by the SubmisSion of Supplementary statement.S.

Subport F.—Supplementory Regulations

§ 0.735–32 Departmental.

The Assistant Secretary for Administration may prescribe supplementary instructions consistent with this part.

§ 0.735–33 Operating units.

Each operating unit is hereby authorized and directed to prescribe, after approval by the Assistant Secretary for Administration, Such additional regulations not inconsistent with this part as may be necessary to effectuate the general purpose of this part in the light of its individual operating requirements, including but not limited to pertinent statutory proviSions, Such as: (a) 35 U.S.C. 4, 122 (Patent Office); (b) 46 U.S.C. 1111(b) (Maritime Administration); (C) Certain provisions of the Defense Production Act of 1950, e.g., 50 U.S.C. App. 2160(b)(2) (avoidance of conflicts of interest), 50 U.S.C. App. 2160(b)(6) (financial Statements), and 50 U.S.C. App. 2160(f) (prohibition of use of confidential information for purposes of Speculation) (Business and Defense Services Administration and any other primary Operating unit affected); and (d) Certain provisions of Pub. L. 89– 136, the Public Works and Economic Development Act of 1965, e.g., Section 711 (restriction. On employing Certain EDA employees by applicants for financial assistance), and section 710(b) (embezzlement), false book entries, sharing in loans, etc., and giving Out unauthorized information for speculation).

§ 0.735–34 Effective date of supplementary regulations.

Supplementary regulations prescribed pursuant to $0.735–33, shall become effective upon approval by the issuing Officer unless a different date is required by law or a later date is specified therein.

Subport G–Administrołion

§ 0.735–35 Responsibilities of employ(eCS,

It is the responsibility of each employee: (a) To assure, at the Outset of his employment, that each of his interests and activities is consistent with the requirements established by or pursuant to this part; (b) To Submit a statement of employment and financial interests at such times and in such form as may be specified in or pursuant to this part; (C) TO Certify, upon entering on duty in the Department, that he has read this part and applicable regulations Supplementary thereto; (d) To obtain prior written authorization of any interest or activity about the propriety of which any doubt exists in the employee’s mind, as provided in § 0.735–39; (e) TO COnfine each of his interests and activities at all times within the requirements established by or pursuant to this part, including any authorizations granted pursuant to this part; and (f) To obtain a further written authorization whenever Circumstances change, or the nature or extent of the interest Or activity changes, in such a manner as to involve the possibility of a violation or appearance of a violation of a limitation or requirement preScribed in or pursuant to this part.

§ 0.735–36 Responsibilities of operating units.

The head of each operating unit, or his designee, shall: (a) Furnish or make available to each employee a copy of this part (or a comprehensive summary thereof) within 90 days after approval of this part by the Office of Personnel Management, and, upon their issuance, a copy of any regulations supplementary thereto (or a Comprehensive summary thereof); (b) Furnish or make available to each new employee at the time of his entrance on duty a copy of this part as it may be amended and any supplementary regulations (or a comprehenSive Summary thereof); (c) Bring this part (or as it may be amended and any supplementary regu

lations thereto) to the attention of each employee annually, and at such Other times as circumstances may warrant as may be determined by the AsSistant Secretary for Administration; (d) Have available for review by employees, as appropriate, copies of laws, Executive Orders, this part, supplementary regulations, and pertinent Office of Personnel Management regulations and instructions relating to ethical and other conduct of Government employees; (e) Advise each employee who is a Special Government employee of his Status for purposes of 18 U.S.C. 203 and 205; (f) Require each employee specified in § 0.735–22 to submit a statement of employment and financial interests, as provided by or pursuant to this part; (g) Develop an appropriate form, with the approval of the counselor of the Department, on which the employee may Certify that he has read this part and applicable regulations supplementary thereto, in accordance with $0.735– 35(c), and on which he may, if he so deSires, indicate that he has a private activity Or interest about which he requests advice and guidance as provided by § 0.735–38. (h) Require each employee upon entering on duty and at such other times as may be Specified, to execute the certification required by § 0.735–35(c); (i) Report to the program Secretarial Officer concerned and to the Assistant Secretary for Administration promptly any instance in which an employee, after notice, fails to submit the certifiCation required under § 0.735–35(c) or a Statement of employment or financial interests required under this part within 14 calendar days following the preScribed time limit for doing so; and (j) Take action to impress upon each employee required to submit a statement of employment and financial interests, upon his Supervisor, and upon employees with whom the employee works, their responsibility as follows: (1) The employee’s Supervisor is responsible (i) for excluding from the range of duties of the employee any Contracts or other transactions between the Government and his outside employer, clients, or entities in which he has an interest within the purview

of this part, and (ii) for overseeing the employee's activities in order to insure that the public interest is protected from improper conduct on his part and that he will not, through ignorance or inadvertence, embarraSS the Government or himself. (2) The employee’s supervisor and employees with whom he works are responsible for avoiding the use of the employee’s Services in any situation in which a violation of law, regulation, or ethical standards is likely to occur or to appear to OCCur. (3) The supervisor of an employee is responsible for initiating prompt and proper disciplinary or remedial action when a violation, intentional or innocent, is detected. (4) Employees shall avoid divulging to a Special Government employee privileged Government information which is not necessary to the performance Of his governmental responsibility or information which directly involves the financial interests of his non-Government employer. (5) An employee shall make every effort in his private work to avoid any personal contact with respect to negotiations with the Department for contracts, grants, or loans, if the subject matter is related to the subject matter of his Government employment. When this is not possible, he may participate if not otherwise prohibited by law (e.g., 18 U.S.C. 203 and 205) in the negotiations for his private employer only with the prior approval of the head of the Operating unit concerned.

[32 FR 15222, Nov. 2, 1967, as amended at 55 FR 53489, Dec. 31, 1990]

§ 0.735–37 Procedure.

The review of statements of employment and financial interests shall include the following basic measures, among others:

(a) Statements shall be submitted to the designated Officer, who will review each employee's statement of employment and financial interests to ascertain whether they are consistent with the requirements established by or purSuant to this part. (See § 0.735–24(b).)

(b) Where the statement raises any question of compliance with the requirements of this part, it shall be submitted to a deputy counselor for the

Organization unit concerned. The dep— uty Counselor may, in his discretion, utilize the advice and services of others (including departmental facilities) to obtain further information needed to resolve the questions.

(c) The designated officer shall maintain the statements of employment and financial interests in a file apart from the Official personnel files and shall take every measure practicable to inSure their confidentiality. Statements of employment and financial interests shall be preserved for 5 years following the Separation of an employee from the Department Or following termination of any other relationship under which the individual rendered service to the Department, except as may be otherwise authorized by the Assistant Secretary for Administration or as reQuired by law.

§ 0.735–38 Availability for counseling.

(a) The General Counsel of the Department, Shall: (1) Serve as the counselor for the Department of Commerce with respect to matters covered by the basic provisions cited in § 0.735–2(a) and otherwise by or pursuant to this part; (2) Serve as the Department of Commerce designee to the Office of Personnel Management on matters covered by this part; and (3) Coordinate the counseling services provided under this part and asSure that counseling and interpretations on questions of conflicts of interest and other matters covered by this part are available to deputy counselors designated under paragraph (b) of this Section. (b) The counselor shall designate employees who shall serve as deputy counselors for employees of the Department of Commerce with respect to matters Covered by or pursuant to this part and shall give authoritative advice and guidance to each employee who seeks advice and guidance on questions of conflict of interests and other matters covered by or pursuant to this part. (C) Each operating unit shall notify its employees of the availability of Counseling services and of how and where these services are available. This notification shall be given within 90 days after approval of this part by the

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