and retaining a gift from a foreign government that is of minimal value and offered as a souvenir or mark of courtesy, unless otherwise prohibited by bureau regulation (5 U.S.C. 7342). Minimal value is prescribed in 41 CFR part 101-49 and was set at $225.00 on the date that the Rules became effective.

(b) All gifts exceeding minimal value, the refusal of which would likely cause offense or embarrassment or otherwise adversely affect the foreign relations of the United States, shall be accepted and deposited with the Department within sixty days of acceptance. If the gift is travel or expenses for travel taking place entirely outside the United States, it shall be reported within thirty days (see 5 U.S.C. 7342(c)(1)(B)(ii)).

(c) As used in paragraph (b) of this section, Deposit with the Department means delivery to the Department Gift Unit or other depository as authorized by the Treasury Directive on Foreign Gifts (Treasury Directive 61-04).

(d) All foreign gifts must be reported as prescribed in the Treasury Directive on Foreign Gifts (Treasury Directive 61-04).

$ 0.204 Use of controlled substances and intoxicants.

Employees shall not sell, use or possess controlled substances or intoxicants in violation of the law while on Department property or official duty, or use a controlled substance or intoxicant in a manner that adversely affects their work performance.

$ 0.205 Care of documents and data.

(a) Employees shall not conceal, remove, alter, destroy, mutilate or access documents or data in the custody of the Federal Government without proper authority.

(b) Employees are required to care for documents according to Federal law and regulation, and Department procedure (18 U.S.C. 2071, 5 U.S.C. 552, 552a).

(c) The term documents includes, but is not limited to, any writing, recording, computer tape or disk, blueprint, photograph, or other physical object on which information is recorded.

§ 0.206 Disclosure of information. Employees shall not disclose official information without proper authority,

pursuant to Department or bureau regulation. Employees authorized to make disclosures should respond promptly and courteously to requests from the public for information when permitted to do so by law (31 CFR 1.9, 1.10, and 1.28(b)).

§ 0.207 Cooperation with official inquiries.

Employees shall respond to questions truthfully and under oath when required, whether orally or in writing, and must provide documents and other materials concerning matters of official interest when directed to do so by competent Treasury authority.

$ 0.208 Falsification of official records.

Employees shall not intentionally make false, misleading or ambiguous statements, orally or in writing, in connection with any matter of official interest. Matters of official interest include among other things: Transactions with the public, government agencies or fellow employees; application forms and other forms that serve as a basis for appointment, reassignment, promotion or other personnel action; vouchers; leave records and time and attendance records; work reports of any nature or accounts of any kind; affidavits; entry or record of any matter relating to or connected with an employee's duties; and reports of any moneys or securities received, held or paid to, for or on behalf of the United States.

$ 0.209 Use of Government vehicles.

Employees shall not use Government vehicles for unofficial purposes, including to transport unauthorized passengers. The use of Government vehicles for transporting employees between their domiciles and places of employment must be authorized by statute (See, e.g., 31 U.S.C. 1344).

§ 0.210 Conduct while on official duty or on Government property. Employees must adhere to the regulations controlling conduct when they are on official duty or in or on Government property, including the Treasury Building, Treasury Annex Building and grounds; the Bureau of Engraving and Printing buildings and grounds; the

United States Mint buildings and grounds; the grounds of the Federal Law Enforcement Training Center; and Treasury-occupied General Services Administration buildings and grounds (see 31 CFR parts 91, 407, 605, 700).

§ 0.211 Soliciting, selling and canvassing.

Employees shall not solicit, make collections, canvass for the sale of any article, or distribute literature or advertising in any space occupied by the Department without appropriate authority.

§ 0.212 Influencing legislation or petitioning Congress.

(a) Employees shall not use Government time, money, or property to petition a Member of Congress to favor or oppose any legislation. This prohibition does not apply to the official handling, through the proper channels, of matters relating to legislation in which the Department of the Treasury has an interest.

(b) Employees, individually or collectively, may petition Congress or Members of Congress or furnish information to either House of Congress when not using Government time, money or property (5 U.S.C. 7211).

§ 0.213 General conduct prejudicial to the Government.

Employees shall not engage in criminal, infamous, dishonest, or notoriously disgraceful conduct, or any other conduct prejudicial to the Government.

§ 0.214 Nondiscrimination.

(a) Employees shall not discriminate against or harass any other employee, applicant for employment or person dealing with the Department on official business on the basis of race, color, religion, national origin, sex, sexual orientation, age, or disability. Sexual harassment is a form of sex discrimination and is prohibited by this section.

(b) An employee who engages in discriminatory conduct may be disciplined under these rules. However, this section does not create any enforceable legal rights in any person.

{0.215 Possession of weapons and explosives.

(a) Employees shall not possess firearms, explosives, or other dangerous or deadly weapons, either openly or concealed, while on Government property or official duty.

(b) The prohibition in paragraph (a) of this section does not apply to employees who are required to possess weapons or explosives in the performance of their official duties.

§ 0.216 Privacy Act.

Employees involved in the design, development, operation, or maintenance of any system of records or in maintaining records subject to the Privacy Act of 1974, as amended (5 U.S.C. 552a), shall comply with the conduct regulations delineated in 31 CFR 1.28(b).

§ 0.217 Personal financial interests.

(a) Employees may hold the following financial interests without violating 18 U.S.C. 208(a):

(1) The stocks or bonds of a publicly traded corporation with a value of $1000 or less; and

(2) The stocks or bonds in the investment portfolio of a diversified mutual fund in which an employee has invested.

(b) The Department has found that the financial interests listed in paragraph (a) of this section are too remote and inconsequential to affect the integrity of an employee's service.

Subpart C-Special Government Employees

§ 0.301 Applicability of subpart B.

The rules of conduct contained in subpart B of this part apply to special Government employees employed with the Treasury Department. The regulations contained in §0.201 of subpart B, concerning political activity, apply to special Government employees only on the days that they serve the Department. Treasury bureaus are responsible for informing special Government employees employed with them of the applicability of bureau specific statutes or regulations.

Subpart D-Advisers to the
Department

§ 0.401 Advisers to the Department.

(a) An adviser or advisory committee member includes an individual who provides advice to the Department as a representative of an outside group and is not an employee or special Government employee of the Department. Questions concerning whether an individual serves the Department in the capacity of an adviser, employee, or special Government employee shall be addressed to the Designated Agency Ethics Official or a Deputy Ethics Official.

(b) Advisers or advisory committee members are not required to follow the Rules and are not generally required by the Department to file financial disclosure statements; nevertheless, they should be guided by the regulations in this part covering such issues as public disclosure of official information (§0.206), conduct (§0.211 and §0.213), and gifts or gratuities from Foreign governments (§0.203).

PART 1-DISCLOSURE OF RECORDS

Subpart A-Freedom of Information Act

Sec.

1.1 General.

1.2 Information made available. 1.3

Publication in the FEDERAL REGISTER. 1.4 Public inspection and copying. 1.5 Specific requests for other records. 1.6 Business information.

1.7 Fees for services.

APPENDICES TO SUBPART A

APPENDIX A—DEPARTMENTAL OFFICES APPENDIX B—INTERNAL REVENUE SERVICE APPENDIX C-UNITED STATES CUSTOMS SERVICE

APPENDIX D-UNITED STATES SECRET SERVICE APPENDIX E-BUREAU OF ALCOHOL, TOBACCO AND FIREARMS

1.23 Publication in the FEDERAL REGISTER— Notices of systems of records, general exemptions, specific exemptions, review of all systems.

1.24 Disclosure of records to person other than the individual to whom they pertain.

1.25 Accounting of disclosures. 1.26

Procedures for notification and access to records pertaining to individuals-format and fees for request for access.

1.27 Procedures for amendment of records pertaining to individuals-format, agency review and appeal from initial adverse agency determination.

1.28 Training, rules of conduct, penalties for non-compliance.

1.29 Records transferred to Federal Records Center or National Archives of the United States.

1.30 Application to system of records maintained by Government contractors. 1.31 Sale or rental of mailing lists.

1.32 Use and disclosure of social security numbers.

APPENDIX D-UNITED STATES SECRET SERVICE APPENDIX E-BUREAU OF ALCOHOL, TOBACCO AND FIREARMS

APPENDIX F-BUREAU OF ENGRAVING AND PRINTING

APPENDIX G-FINANCIAL MANAGEMENT SERVICE

APPENDIX H-UNITED STATES MINT

APPENDIX I-BUREAU OF THE PUBLIC DEBT APPENDIX J-OFFICE OF THE COMPTROLLER OF THE CURRENCY

APPENDIX K-U.S. SAVINGS BONDS DIVISION APPENDIX L-FEDERAL LAW ENFORCEMENT TRAINING CENTER

APPENDIX M-OFFICE OF THRIFT SUPERVISION

AUTHORITY: 5 U.S.C. 301 and 31 U.S.C. 321. Subpart A also issued under 5 U.S.C. 552, as amended. Subpart C also issued under 5 U.S.C. 552a.

SOURCE: 52 FR 26305, July 14, 1987, unless otherwise noted.

Subpart A-Freedom of Information Act

§ 1.1 General.

(a) General. This subpart contains the regulations of the Department of the Treasury implementing the Freedom of Information Act (“FOIA”), 5 U.S.C. 552. Information customarily furnished to the public in the regular course of the performance of official duties may continue to be furnished to the public without complying with this subpart, provided that the furnishing of such information would not violate the Privacy Act of 1974, 5 U.S.C. 552a, and would not be inconsistent with other subparts of this part. To the extent permitted by other laws, the Department will also consider making available records which it is permitted to withhold under the FOIA if it determines that such disclosures would be in the public interest.

(b) As used in this subpart, the following terms shall have the following meanings:

(1) Appeal means the appeal by a requester of an adverse determination of the request, as described in 5 U.S.C. 552(a)(6)(A)(ii).

(2) Agency has the meaning given in 5 U.S.C. 551(1) and 5 U.S.C. 552(e).

(3) Component means each separate bureau or office of the Department of the Treasury.

(4) Request means any request for records made pursuant to 5 U.S.C. 552(a)(3).

(5) Requester means any person who makes a request to a component.

(6) Business information means trade secrets or other commercial or financial information.

(7) Business submitter means any commercial entity which provides business information to the Department of the Treasury or its components and which has a proprietary interest in the information.

(c) Components of the Department of the Treasury shall comply with the time limits set forth in the FOIA for responding to and processing requests and appeals, unless there are exceptional circumstances within the meaning of 5 U.S.C. 552(a)(6)(C). A component shall notify a requester whenever the component is unable to respond to or process the request or appeal within the time limits established by the FOIA. Components shall respond to and process requests and appeals in their approximate order of receipt, to the extent consistent with sound administrative practice.

(d) Purpose and scope of regulations. These regulations apply to all components of the Department of the Treasury. Any reference in this subpart to the Department or its officials, employees, or records shall be deemed to refer also to the components or their officials, employees, or records. In order that interested parties may more readily find them, the components of the Department are hereby authorized to reprint these regulations in their entirety (less any appendices not applicable to the unit in question) in those titles of the Code of Federal Regulations which normally contain regulations applicable to each component. In connection with such republication, components may supplement and implement these regulations with materials applicable only to the component in question, provided such additional material is not inconsistent with this part. In the event of any actual or apparent inconsistency, these Departmental regulations should govern. Persons interested in the records of a particular component should, therefore, also consult the Code of Federal Regulations for

any rules or regulations promulgated specifically with respect to that component. (See Appendices in this subpart for cross references.) The head of each component is hereby also authorized to substitute the officials designated and change the addresses specified in the appendix to this subpart applicable to the component. The components of the Department of the Treasury for the purposes of this part are:

(1) The Departmental Offices, which include the offices of:

(1) The Secretary of the Treasury, including immediate staff;

(ii) The Deputy Secretary of the Treasury, including immediate staff;

(iii) The Under Secretary of the Treasury for Finance, including immediate staff;

(iv) The Fiscal Assistant Secretary, including immediate staff;

(v) The Assistant Secretary of the Treasury for Ecnomic Policy and all other offices reporting to such official, including immediate staff;

(vi) The General Counsel and also the Legal Division, except legal counsel to the components listed in paragraphs (d)(1)(ix) and (2) through (12) of this section;

(vii) The Assistant Secretary of the Treasury for International Affairs and all offices reporting to such official, including immediate staff;

(viii) The Treasuer of the United States, including immediate staff;

(ix) The Assistant Secretary of the Treasury for Tax policy, including immediate staff and all offices reporting to such official;

(x) The Assistant Secretary of the Treasury for Management, and all offices reporting to such official, including immediate staff.

(xi) The Assistant Secretary of the Treasury for Domestic Finance and all offices reporting to such official, including immediate staff;

(xii) The Assistant Secretary of the Treasury for Legislative Affairs, including immediate staff;

(xiii) The Assistant Secretary of the Treasury for Public Affairs and Public Liaison, including immediate staff;

(xiv) The Assistant Secretary of the Treasury for Enforcement and all offices reporting to such official, including immediate staff;

(xv) The Special Assistant to the Secretary (National Security), including immediate staff;

(xvi) The Inspector General and all offices reporting to such official, including immediate office.

(2) The Bureau of Alcohol, Tobacco and Firearms;

(3) The Office of the Comptroller of the Currency;

(4) The United States Customs Service;

(5) The Bureau of Engraving and Printing;

(6) The Federal Law Enforcement Training Center;

(7) The Financial Management Service;

(8) The Internal Revenue Service; (9) The United States Mint;

(10) The Bureau of the Public Debt; (11) The United States Savings Bonds Division;

(12) The United States Secret Service;

(13) The Office of Thrift Supervision. For purposes of this subpart, the office of legal counsel for the components listed in paragraphs (d), (2), (3), (4), (5), (7), (8), (9), (10), and (12) of this section are to be considered a part of their respective components. Any office, which is now in existence or may hereafter be established, which is not specifically listed or known to be a component of any of those listed above, shall be deemed a part of the Departmental Offices for the purpose of making requests for records under these regulations.

[52 FR 26305, July 14, 1987, as amended at 60 FR 31632, June 16, 1995]

§ 1.2 Information made available.

(a) General. Section 552 of Title 5 of the United States Code provides for access to information and records developed or maintained by Federal agencies. Generally, this section divides agency information into three major categories and provides methods by which each category is to be made available to the public. The three major categories, for which the disclosure requirements of the components of the Department of the Treasury are set forth in this subpart, are as follows: