production of a prisoner to testify before a court of competent jurisdiction).

(b) Civil actions. The Department of the Navy will not authorize the attendance of a naval prisoner in a Federal, State, or Territorial court, either as a party or as a witness, in private litigation pending before such court, because in these the court may grant a postponement or a continuance of the trial. The deposition of a naval prisoner may be taken in such a case subject to such reasonable conditions or limitations as may be imposed by the command concerned. § 720.24 Interviewing personnel preliminary to civil litigation in matters pertaining to official duties.

(a) Request by parties in interest. Except as hereinafter limited, requests, preliminary to civil litigation, for permission to conduct an ex parte interview of persons in the Department of the Navy (enlisted, commissioned, or civilian) in matters growing out of their official duties, and the obtaining of their statements shall be forwarded to the Judge Advocate General. The Judge Advocate General, when practicable, will make appropriate arrangements in order that all of the desired personnel may be interviewed at the same time. The interview will be by all of the counsel for the various parties in interest or by such counsel as desire to be present. Interviews of such personnel shall be conducted in the presence of an officer designated by the Judge Advocate General. If any of the parties in interest desire statements from the interviewed personnel, such statements shall be prepared under the direction of the designated officer. A signed copy of the statement shall be furnished to each party in interest, to the person making the statement, and to the Judge Advocate General. The officer assigned for the purpose of the interview shall distribute the copies of the statement as prescribed. If the interview involves any line of inquiry which would disclose or compromise classified material or otherwise result in detriment to the interests of the United States, the assigned officer shall immediately preclude that line of inquiry.

(b) Limitations. Requests mentioned in paragraph (a) of this section shall not be granted where the United States is a party in any related litigation or where its interests are involved, including cases

where the interests of the United States or any Department thereof are represented by private counsel by reason of insurance or subrogation arrangements. In these instances, records, data, and witnesses shall be made available only to the Department of Justice or to such other U.S. Government departments, agencies or personnel requiring access thereto in the performance of their official duties.

(c) Admiralty matters. Inquiries which relate to admiralty matters or to maritime litigation, whether involving naval vessels or not, shall be sent to the Office of the Judge Advocate General (Deputy Assistant Judge Advocate General (Admiralty)). Examples of admiralty matters are set forth in paragraph (c) and (d) of paragraph (1) of § 752.1. § 720.25

Suits against the United States. (a) General. The primary responsibility for representing the United States in any litigation in which the United States has an interest rests in the Attorney General. For the purpose of affording the Attorney General timely notice of legal actions arising out of operations of the Naval Establishment, the Judge Advocate General and the General Counsel, within the areas of their respective jurisdictions, maintain close liaison with the Department of Justice. Reports are required of all suits against the United States, or its prime contractors or subcontractors on contracts under which the Government may be obligated to make reimbursement or in cases where the United States is, in legal effect, the defendant.

(b) Reports to the Judge Advocate General. When any command is apprised, by service of process or otherwise, of the commencement of any civil litigation or legal proceedings, including those involving nonappropriated-fund activties, other than suits within the jurisdiction of the General Counsel as set forth in paragraph (c) of this section, which arise out of the operations of the Naval Establishment or are otherwise of substantial interest to it, such command will report to the Judge Advocate General, Navy Department, Washington, D.C., by the most expeditious means, using message, telephone, or letter, as may be warranted by the circumstances. This category of civil litigation and other

legal proceedings includes, but is not limited to, any legal proceeding involving the United States as a party and arising out of operations of the Department of the Navy; proceedings against any person subject to military law or any official or employee of the Department of the Navy in connection with his public duties; and proceedings in which attachment of Government funds or other property is sought. The report shall contain as much of the following information as may be pertinent:

(1) Name of parties to the proceeding. (2) Nature of the action.

(3) Correct designation of the tribunal in which the proceeding is brought.

(4) Docket number of case, if available.

(5) Names of person or persons on whom service was made, method of service, and dates.

(6) Explanation of Government's interest in the proceeding.

(7) Date by which the defendant must plead or otherwise respond.

(8) Nature of the principal defense, if known.

(9) Status of the defendant as being a Government officer, employee, agent, contractor, nonappropriated-fund activity employee, etc.

(10) Amount claimed, or other relief sought.

(11) If a contractor is involved, the contract number, and information as to whether the contractor desires or is willing to permit the suit to be defended by a U.S. Attorney.

(12) Data as to whether the subject matter of the suit is covered by insurance; if so, whether covered to the amount claimed, and whether the insurance carrier will accept full responsibility for defense of the suit.

(13) If action is brought in a foreign country, a recommendation as to qualified local attorneys, English-speaking if possible, available for retention to defend the interests of the United States. Normally, the names of such attorneys should be from a list maintained by the U.S. Embassy or Consulate.

(14) Such other available information as may be necessary for a full understanding of the action and to enable the Government to prepare a defense.

(c) Reports to the General Counsel. A report as required above shall be made to the General Counsel, Navy Department, Washington, D.C., rather than to the Judge Advocate General, in all cases in the field of business and commercial law, including cases relating to:

(1) The acquisition, custody, management, transportation, taxation, disposition of real and personal property, and the procurement of services, including the fiscal, budgetary, and accounting aspects thereof; excepting, however, tort claims and admiralty claims arising independently of contract, matters concerning nonappropriated-fund activities, and matters related to the Naval Petroleum Reserves;

(2) Operations of the Military Sealift Command, excepting tort and admiralty claims arising independently of contract; (3) The Office of the Comptroller of the Navy;

(4) Procurement matters in the field of patents, inventions, trademarks, copyrights, royalty payments, and similar matters, including those in the Armed Services Procurement Regulations and Navy Procurement Directives and deviations therefrom; and

(5) Industrial security.

(d) Initial and supplemental reports. If all pertinent information is not readily available, a prompt report should be made with such information as is available, supplemented by an additional report as soon as possible.

Subpart C-Production of Official Records § 720.30 Production of official records in response to court order.

(a) General. Where unclassified naval records are desired by or on behalf of litigants, the parties will be informed that the records desired, or certified copies thereof, may be obtained by forwarding to the Secretary of the Navy, Navy Department, Washington, D.C., or other custodian of the records, a court order calling for the particular records desired or copies thereof. Compliance with such court order will be effected by transmitting certified copies of the records to the clerk of the court out of which the process issues. If an original record is produced by a naval custodian, it will not be removed from the custody of the person producing it, but copies may be placed in evidence. Upon written request of all

parties in interest or their respective attorneys, records which would be produced in response to a court order as set forth above may be furnished without court order except as noted in subsections b and c below. Whenever compliance with a court order for production of Department of the Navy records is deemed inappropriate for any reason, such as when they contain privileged or classified information, the records and subpoena may be forwarded to the Secretary of the Navy (Judge Advocate General) for appropriate action, and the parties to the suit so notified.

(b) Records in the custody of National Personnel Records Center. Court orders, subpoenas duces tecum, and other legal documents demanding information from, or the production of, service or medical records in the custody of the National Personnel Records Center involving former (deceased or discharged) Navy and Marine Corps personnel shall be served upon the General Services Admininstration, 9700 Page Boulevard; St. Louis, MO 63132, rather than the Department of the Navy. In the following situations, the request shall be forwarded to the Secretary of the Navy (Judge Advocate General).

(1) When the United States (Department of the Navy) is one of the litigants.

(2) When the case involves a person or persons who are or have been senior officers within the Department of the Navy; and

(3) In other cases considered to be of special significance to the Judge Advocate General or the Secretary of the Navy.

(c) Exceptions. Where not in conflict with the foregoing restrictions relative to confidential matter, the production in Federal, State, territorial, or local courts of evidentiary material from investigations conducted pursuant to this Manual, and the service, employment, pay or medical records (including medical records of dependents) of persons in the naval service is authorized upon receipt of a court order, without procuring specific authority from the Secretary of the Navy. Where travel is involved, it must be without expense to the Government.

(d) Medical and other records of civilian employees. Production of medical certificates or other medical reports concerning civilian employees is controlled

by the provisions of Executive Order 10561, 19 FR 5963, as implemented by Federal Personnel Manual, chapter 294, and chapter 339.1-4 (reprinted in MANMED article 23–255 (6)). Records of civillan employees other than medical records may be produced upon receipt of a court order without procuring specific authority from the Secretary of the Navy, provided there is not involved any classified or otherwise confidential material such as loyalty or security records. Records relating to compensation benefits administered by the Bureau of Employees' Compensation may not be disclosed except upon the written approval of that Bureau (20 CFR 1.21). In case of doubt, the matter should be handled in accordance with the provisions of subsection a above. Where information is furnished hereunder in response to a court order, it is advisable that certified copies rather than originals be furnished and that, where original records are to be produced, the assistance of the U.S. Attorney or U.S. Marshal be requested so that custody of the records may be maintained. § 720.31

Production of official records in the absence of court order.

(a) Furnishing information from personnel and related records to personnel concerned. Whether or not litigation is involved, naval personnel, civilian employees of the Naval Establishment, their personal representatives (e.g., executors, guardians, etc.), or other properly interested parties may be furnished copies of records or information therefrom relating to death, personal injury, loss, or property damage to or involving such personnel without following the procedures prescribed in either § 720.24 or § 720.30, provided the interests of the United States are not prejudiced thereby. All such requests (except requests for medical records, for such traffic accident reports as are described in subparagraph (2) of this paragraph, and for records relating to matters under the cognizance of the General Counsel) shall be referred to the appropriate District Judge Advocate, or to the area coordinator, or to the Judge Advocate General. In no event shall findings of fact, opinions, and recommendations, or endorsements thereon, be released outside the Department of the Navy without approval of the Secretary of the Navy or the Judge Advocate General.

(1) Medical records. Requests for medical records, shall be processed in accordance with the Department of Defense policy set forth in Title 32, Code of Federal Regulations, § 66.1-66.2, as implemented by the manual of the Medical Department. If, in processing a request for medical records, it appears that the interests of the United States may be involved, then such requests shall be referred to the Judge Advocate General for a determination. Production of medical certificates or other medical reports concerning civilian employees is controlled by the provisions of the Executive Order and the Federal Personnel Manual referred to in § 720.30 (d). See § 757.6 of this chapter concerning release of medical records in Medical Care Recovery Act cases.

(2) Provost marshal or base police reports of traffic accidents. Local commanders are authorized to release copies of traffic accident investigative reports where service personnel are not involved and where no Government vehicle is involved, provided the interests of the United States will not be prejudiced thereby. Release may be made to any properly interested party or to his authorized representative. If it appears that the interests of the United States may be involved, the request shall be referred to the appropriate district judge advocate, or the area coordinator, or the Judge Advocate General. (Charges will be made in accordance with the schedule of fees published in the Navy Comptroller Manual, paragraph 035887 (minimum fee $3). Fees collected will be credited as set forth in the Navy Comptroller Manual, paragraph 043145.)

(b) OGC matters. The General Counsel, Deputy General Counsel, and Assistant to the General Counsel for litigation matters have been designated to act for the Secretary of the Navy in releasing or producing, and authorizing the release or production of official records or copies thereof in matters within the assigned responsibilities of the Office of the General Counsel. Such responsibilities are outlined in § 720.25 (c).

(c) Security matters. For information on the production of records involving classified matter, whether or not litigation is involved, see OPNAVINST 5510.1 series, Department of the Navy Security Manual for Classified Information, article 0922.3.

(d) Confidential nature of military personnel records. Officer and enlisted personnel records are deemed confidential. Such records may be released only to persons properly and directly concerned, including the serviceman himself, and personal representatives of the serviceman (e.g., executors, guardians, etc.) who present proper proof thereof, or in accordance with § 720.30 (a) and (b).

(e) How to address requests for military medical and other personnel records. The serviceman or personal representatives may obtain access to the health and medical records of both Navy and Marine Corps personnel by applying to the Chief of the Bureau of Medicine and Surgery, Navy Department, Washington, D.C. 20360. Applications for Navy and Marine Corps personnel records should be addressed to the Chief of Naval Personnel, Navy Department, Washington, D.C. 20370, or to the Commandant of the Marine Corps, Washington, D.C. 20380. Applications may be made in person or in writing.

§ 720.32 Certificates of full faith and credit.

The Judge Advocate General, the Deputy Judge Advocate General, or any Assistant Judge Advocate General is authorized to execute certificates of full faith and credit certifying the signatures and authority of officers of the Department of the Navy.

Subpart D-Liaison With the Department of Justice

§ 720.40 Litigation reports.

In all lawsuits involving the Department of the Navy, other than those purely contractual in nature, the litigation report to the Department of Justice will be prepared in the Office of the Judge Advocate General unless authority to prepare the report is specifically delegated to a field activity.

§ 720.41 Liaison with U.S. Attorney.

In matters other than those which are purely contractual in nature, liaison with local U.S. Attorneys will be maintained through the Judge Advocate General, except for the initial report required by § 720.14 in habeas corpus cases, unless specific authority has been delegated to a field activity.

The term "naval personnel," as used in this part, includes all military and civilian personnel of the Department of the Navy, including non-appropriatedfund activities.

§ 721.3 Policy-general.

(a) All persons in the Department of the Navy, military and civilian, are enjoined to adhere strictly to the requirements of Part 40 of this title. In some instances, that part imposes standards which require the exercise of personal judgment. It is imperative that naval personnel consider each such instance carefully and be prepared to account for the manner in which that judgment is exercised. This is particularly true in situations which involve acceptance of hospitality or favors from persons who do, or seek to do, business with the Department of the Navy.

(b) Persons who represent the Government in business dealings with representatives of industry have positions of trust and grave responsibility which require them to observe the highest ethical standards. Practices which may be accepted in the private business world are not necessarily acceptable for naval personnel. Acceptance of favors, gratuities, or entertainment (no matter how innocently tendered or received) from those who have or seek business dealings with the Department of the Navy may be a source of embarrassment to the Department and to the naval per

sonnel involved, may affect the objective judgment of the recipient, and may impair public confidence in the integrity of business relations between the Department and industry.

(c) No person shall allow himself to be placed in a position in which a conflict of interests might arise or might justifiably be suspected. Such a conflict of interests may arise or appear to arise by reason of the acceptance of favors, gratuities, or entertainment of any kind, or by an other action which could influence or be reasonably interpreted as influencing the strict impartiality that must prevail in all business relationships in which the public interest is involved. Favors, gratuities, or entertainment bestowed upon members of the immediate household of naval personnel shall be considered in the same light as those bestowed upon naval personnel.

(d) Where there is a reasonable doubt as to the propriety of accepting favors, gratuities, or entertainment or of attending functions or accepting other invitations of a hospitable nature, naval personnel shall refrain therefrom.

(e) Special treatment shall not be accorded to particular individuals or firms unless equivalent treatment is also accorded to other individuals or firms justifiably entitled thereto.

§ 721.4 Statements of employment and financial interests.

Section 40.735-14 of this title requires the filing of statements of employment and financial interests by designated officers and employees, including special Government employees. Section 40.73512 of this title provides for the review of such statements, for counseling those required to file them, and for resolving any conflict or appearance of a conflict of interests. It is the policy of the Department of the Navy that initial evaluation and review should be accomplished by reviewing officials who are familiar with the actual duties and responsibilities of the officer or employee submitting the statement. When necessary, review should include inquiry and discussion which will permit resolution of problems at a supervisory level. The submission of statements is intended to make possible the discovery and resolution of existing conflicts, if any, and to provide information to supervisory personnel so that future assignments of duties will be