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CHAPTER IV-FEDERAL MARITIME COMMISSION

NOTE: Reorganization Plan No. 7 of 1961, 26 P.R. 7816, Aug. 12, 1961, established tho Federal Maritime Commission and transferred thereto certain functions of the Federal Mari. time Board. See General Order 1, Federal Maritimo Commission, 26 F.R. 7788, Aug. 19, 1961.

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SUBCHAPTER B-REGULATIONS AFFECTING MARITIME CARRIERS AND

RELATED ACTIVITIES 510 Licensing of independent ocean freight forwarders. 511 Reports by common carriers by water in the domestic offshore trades. 512 Reports of rate base and income account by vessel operating common car

riers in the domestic offshore trades. 513 Audits and Auditing Procedures.

Time for filing and commenting on certain agreements.
Filing of agreements between common carriers of freight by water in the

foreign commerce of the United States. 523 Admission, withdrawal and expulsion provisions of steamship conference

agreements. 524 Exemption of nonexclusive transshipment agreements from the approval

requirements of Section 15, Shipping Act, 1916. 526 Free time and demurrage charges on import property applicable to all com

mon carriers by water.

Shippers' requests and complaints. 528 Self-policing systems.

Rules governing the right of independent action in agreements. 530 Interpretations and statements of policy. 531 Publication, posting and filing of freight and passenger rates, fares, and

charges in the Domestic Offshore Trade.

Filing of tariffs by terminal operators. 534 Green hide weighing practices. 536 Filing of tariffs by common carriers by water in the foreign commerce of the

United States and by conferences of such carriers. 537 Conference agreement provisions relating to concerted activities. 538 Dual-rate contract systems in the foreign commerce of the United States. 540 Security for the protection of the public.

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SUBCHAPTER A-GENERAL PROVISIONS PART 500_EMPLOYEE RESPONSI- Subpart A-General Provisions BILITIES AND CONDUCT

$ 500.735-1 Purpose. Subpart A-General Provisions

The maintenance of unusually high Sec.

standards of honesty, integrity, impar500.735-1 Purpose.

tiality, and conduct by Government em500.735-2 Definitions.

ployees and special Government em500.735-3 Interpretation and advisory serv

ployees is essential to assure the proper ice. 500.735-4 Reviewing statements and re

performance of the Government business porting conflicts of interest.

and the maintenance of confidence by 500.735-5 Disciplinary and other remedial citizens in their Government. The avoidaction,

ance of misconduct and conflicts of inSubpart B-General Standards of Conduct

terest on the part of Government em500.735-10 Proscribed actions.

ployees through informed judgment is 500.735-11 Gifts, entertainment, and favors. indispensable to the maintenance of 500.735–12 Outside employment and other these standards. Reorganization Plan activity.

No. 7 of 1961, which established the 500.735-13 Financial interests.

Federal Maritime Commission, provided 500.735-14 Use of Government property.

that officials or employees of the Com500.735–15 Misuse of information.

mission are prohibited from employment 500.735-16 Indebtedness. 500.735-17 Gambling, betting, and lotteries.

with, or to have any pecuniary interest 500.735-18 General conduct prejudicial to

in, or hold any official relationship with, the Government.

carriers by water, shipbuilder contrac500.735-19 Miscellaneous statutory provi tors, or other persons, firms, associations sions.

or corporations with whom the ComSubpart C—Special Government Employees

mission may have business relations. The Standards of Conduct

following sections of this part are in 500.735.21 Special Government employees,

accordance with the requirements of the Use of Government employ

Civil Service Commission's regulations ment.

(5 CFR Part 735) under Executive Order 500.735.22 Special Government employees 11222, dated May 8, 1965. Use of inside information.

$ 500.735-2 Definitions. 500.735.23 Special Government employeesCoercion.

(a) “Commission" means the Federal

Maritime Commission unless otherwise Subpart D-Statements of Employment and

designated. Financial Interests

(b) "Employee" means officer or em500.735–31 Statements of employment and

ployee of the Commission including a firancial interests. 500.735-32 Employees required to submit

special Government employee as defined

in 18 U.S.C. 202. statements. 500.735-33 Employees not required to sub

(c) "Executive order” means Execumit statements.

tive Order 11222 of May 8, 1965. 500.735–34 Time and place for submission of (d) "Person" means an individual, a employees' statements.

corporation, a company, an association, a 500.735-35 Supplementary statements.

firm, a partnership, a society, a joint 500.735–36 Interests of employees' relatives.

stock company, or any other organiza500.735-37 Information not known by em

tion or institution. ployees. 500.735-38 Information prohibited.

$ 500.735–3 Interpretation and advisory 500.735–39 Confidentiality of employees' service. statements.

(a) The Chairman of the Commission 500.735-40 Effect of employees' statements on other requirements.

shall designate an employee with the 500.735-41 Special Government employees.

appropriate legal experience and in 500.735-42 Employee's complaint on filing

118 U.S.C. 202 defines a "special Governrequirements.

ment employee" as including an officer or AUTHORITY: The provisions of this part 500

employee of any independent agency of the issued under E.O. 11222 of May 8, 1965, 30

United States who is retained, designated, F.R. 6469, 3 CFR, 1965 Supp.; 5 CFR 735.104. appointed, or employed to perform, with or

SOURCE: The provisions of this part without compensation, for not to exceed 130 500 contained in Commission Order 53 days during any period of 365 consecutive (Amended), 33 F.R. 11767, Aug. 20, 1968, days, temporary duties either on a full-time unless otherwise noted.

or intermittent basis.

whom he has complete personal confi- flicts or appearance of conflicts of dence to be the Counselor for the Com interest. Remedial action may include, mission on matters in connection with but is not limited to: the regulations in this part. The Coun- (1) Changes in assigned duties; selor shall also serve as the Commission's (2) Divestment by the employee or designee to the Civil Service Commission special Government employee of his conon matters covered by the regulations in flicting interest; this part. He shall exercise responsibility (3) Disciplinary action; or for effectuation and coordination of the (4) Disqualification for a particular Commission's regulations and provide assignment. counseling and interpretations on ques

Remedial action, whether disciplinary tions of conflicts of interest and other

or otherwise, shall be effected in accordmatters covered by the regulations in

ance with any applicable laws, executive this part.

orders, and regulations. (b) Employees shall be notified of the availability of counseling services and of Subpart B-General Standards of how and where these services are avail

Conduct able. This notification shall be made within 90 days after approval of the reg

$ 500.735–10 Proscribed actions. ulations in this part by the Civil Service An employee shall avoid any action, Commission and periodically thereafter. whether or not specifically prohibited In the case of a new employee appointed by this subpart, which might result in, after this notification, notification shall or create the appearance of: be made at the time of his entrance on (a) Using public office for private duty.

gain; $ 500.735–4 Reviewing statements and

(b) Giving preferential treatment to reporting conflicts of interest.

any person;

(c) Impeding Government efficiency (a) There is hereby established a sys or economy; tem for the review of statements of

(d) Losing complete independence or employment and financial interest sub

impartiality; mitted under $ 500.735–31. This system

(e) Making a Government decision of review is designed to disclose conflicts

outside official channels; or of interest or apparent conflicts of (f) Affecting adversely the confidence interest on the part of employees.

of the public in the integrity of the (b) The Counselor or Deputy Coun Government. selor shall review each such statement. Whenever it appears to the Counselor 85

$ 500.735–11 Gifts, entertainment, and that a statement contains evidence of a

favors. conflict of interest he shall notify the (a) Except as provided in paragraphs person signing that statement and shall (b) and (e) of this section, an employee discuss with him the information which shall not solicit or accept, directly or ingives rise to the apparent or real conflict directly, any gift, gratuity, favor, enterand offer him an opportunity to explain tainment, loan, or any other thing of the conflict or appearance of conflict. If monetary value, from a person who: the conflict or appearance of conflict is (1) Has, or is seeking to obtain, connot resolved after this discussion the tractual or other business or financial information concerning the conflict or relations with the Commission; appearance of conflict shall be reported (2) Conducts operations or activities to the Chairman of the Commission by that are regulated by the Commission; or the Counselor.

(3) Has interests that may be substan$ 500.735–5 Disciplinary and other re

tially affected by the performance or medial action.

nonperformance of his official duty.

(b) Exceptions to paragraph (a) of (a) A violation of the regulations in

this section are as follows: this part by an employee may be cause

(1) This section shall not be construed for an appropriate disciplinary action.

to proscribe conduct involving obvious (b) After consideration of the ex

family or personal relationships (such as planation of the employee as provided those between the parents, children, or in $ 500.735–4 and the Chairman decides spouse of the employee and the emthat remedial action is required, he shall ployee) when the circumstances make it take immediate action to end the con- clear that it is those relationships rather

than the business of the persons concerned which are the motivating factors;

(2) Under this section, Commission employees are permitted to accept food and refreshments of nominal value on infrequent occasions in the ordinary course of a luncheon or dinner meeting or other meeting or on an inspection tour where an employee may properly be in attendance;

(3) Under this section employees are permitted to accept loans from banks or other financial institutions on customary terms to finance proper and usual activities of employees, such as home mortgage loans;

(4) Under this section employees shall be permitted to accept unsolicited advertising or promotional material, such as pens, pencils, note pads, calendars and other items of nominal intrinsic value; and

(5) Under this section, Commission employees may participate in keel layings, christenings, and ship launchings and accept meals, accommodations, and entertainment related thereto when the invitation to such an event is addressed to the Commission and the Chairman of the Commission approves the acceptance of the invitation.

(c) An employee shall not solicit contributions from another employee for a gift to an official superior, make a donation as a gift to an official superior, or accept a gift from an employee receiving less pay than himself (5 U.S.C. 7351). However, this paragraph does not prohibit the use of completely voluntary gift of nominal value or donation in a nominal amount made on a special occasion such as marriage, illness, or retirement.

(d) An employee shall not accept a gift, present, decoration, or other thing from a foreign government unless authorized by Congress as provided by the Constitution and in Public Law 89–673, 80 Stat. 952.

(e) Neither this section nor $ 500.73512 precludes an employee from receipt of bona fide reimbursement, unless prohibited by law, for expenses of travel and such other necessary subsistence as is compatible with this part for which no Government payment or reimbursement is made. 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. & 500.735–12 Outside employment and

other activity. (a) An 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 Government employment. Incompatible activities include but are not limited to:

(1) 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

(2) Outside employment which tends to impair his mental or physical capacity to perform his Government duties and responsibilities in an acceptable manner.

(b) An employee shall not receive any salary or anything of monetary value from a private source as compensation for his services to the Government (18 U.S.C. 209). This paragraph does not apply to special Government employees.

(c) Employees are encouraged to engage in teaching, lecturing, and writing that is not prohibited by law, the Executive order, or the regulations in this part. However, an employee shall not, either for or without compensation, engage in teaching, lecturing, and 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 Civil Service Commission or Board of Examiners for the Foreign Service, that is dependent on information obtained as a result of his Government employment, except when that information has been made available to the general public or will be made available on request, or when the Chairman gives written authorization for the use of nonpublic information on the basis that the use is in the public interest. In addition, an employee who is a Presidential appointee covered by section 401(a) of the Executive order shall not receive compensation or anything of monetary 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 Commission, or which

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