Page images

shall not solicit or accept, directly or in or donation in a nominal amount made directly, any gift, gratuity, favor, enter on a special occasion such as marriage, tainment, loan, or any other thing of illness, or retirement. monetary value, from a person who:

(e) An employee shall not accept a (1) Has, or is seeking to obtain, con gift, present, decoration, or other thing tractual or other business or financial from a foreign government unless aurelations with the Corporation;

thorized by Congress as provided by the (2) Conducts operations or activities Constitution and in Public Law 89-673, that are regulated or examined or may 80 Stat. 952. be regulated or examined by the Corpo (f) Neither this section nor $ 336.735ration;

12 precludes an employee from receipt (3) Has interests that may be sub of bona fide reimbursement, unless prostantially affected by the performance or hibited by law, for expenses of travel and noperformance of his official duty.

such other necessary subsistence as is (b) Paragraph (a) of this section compatible with this part for which no shall not apply:

Corporation payment or reimbursement (1) Where obvious family or personal is made. However, this paragraph does relationships govern (such as those be not allow an employee to be reimbursed, tween the parents, children, or spouse of or payment to be made on his behalf, for the employee and the employee) when excessive personal living expenses, gifts, the circumstances make it clear that it entertainment, or other personal beneis those relationships rather than the fits, nor does it allow an employee to be business of the persons concerned which reimbursed by a person for travel on are the motivating factors;

official business under Corporation or(2) To the acceptance of food, re ders when reimbursement is prescribed freshments, and accompanying enter by the Corporation. tainment of nominal value on infrequent (31 F.R. 5751, Apr. 14, 1966, as amended at occasions in the ordinary course of a 32 F.R. 13964, Oct. 7, 1967) luncheon or dinner meeting or other

§ 336.735–12 Outside employment. function or on an inspection tour where an employee is properly in attendance;

(a) An employee shall not engage in (3) The acceptance of lodging on rare

outside employment or other outside or infrequent occasions where an em

activity not compatible with the full and ployee is properly in attendance and cir

proper discharge of the duties and recumstances thereof are reported to the

sponsibilities of his Corporation employCorporation;

ment. Incompatible activities include (4) To the acceptance of unsolicited

but are not limited to: advertising or promotional material such

(1) Acceptance of a fee, compensaas pens, pencils, note pads, calendars, and

tion, gift, payment of expense, or any other items of nominal intrinsic value;

other thing of monetary value in cirand

cumstances in which acceptance may

result in, or create the appearance of, (5) To the acceptance and loans from banks or other financial institutions on

conflicts of interests; or customary terms to finance proper and

(2) Outside employment which tends usual activities of employees, such as

to impair his mental or physical capacity

to perform his Corporation duties and home mortgage loans. However, a Corporation examiner or assistant examiner

responsibilities in an acceptable manner.

(b) An employee shall not receive any shall not accept a loan of gratuity from any bank examined by him or any bank

salary or anything of monetary value

from a private source as compensation he has the authority to examine or from any person connected therewith (18

for his services to the Corporation (18

U.S.C. 209). U.S.C.212 and 213). (c) [Reserved)

(c) A Corporation examiner or assist

ant examiner shall not perform any (d) An employee shall not solicit a

other service, for compensation, for any contribution from another employee for

bank, or for any person connected therea gift to an oficial superior, make a do

with (18 U.S.C. 1909). nation as a gift to an official superior, or

(d) Employees are encouraged to enaccept a gift from an employee receiving

gage in teaching, lecturing, speaking less pay than himself (5 U.S.C. 7351). and writing relating to the Corporation's However, this paragraph does not pro functions or responsibilities. However, hibit a voluntary gift of nominal value an employee shall not, either for or with

out compensation, engage in any such activity that is dependent on information obtained as a result of his Corporation employment except when that information has been made available to the general public or will be made available on request, or when the Corporation Chairman gives written authorization for use of nonpublic information on the basis that the use is in the public interest. And no employee shall write for publication or accept invitations to speak before banking or other public organizations on matters concerning the Corporation without prior approval and prior clearance of their manuscript by the Corporation. 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 subjecct matter of which is devoted substantially to the responsibilities, programs, or operations of the Corporation, or which draws substantially on official data or ideas which have not become part of the body of public information.

(e) An employee shall not engage in outside employment under a State or local government, except in accordance with Part 734 of the Civil Service Regulations (5 CFR Part 734).

(f) This section does not preclude an employee from:

(1) (Reserved]

(2) Participation in the activities of National or State political parties not proscribed by law.

(3) Participation in the affairs of or acceptance of an award for a meritorious public contribution or achievement given by a charitable, religious, professional, social, fraternal, nonprofit educational and recreational, public service, or civic organization. (31 F.R. 5751, Apr. 14, 1966, as amended at 82 F.R. 13964, Oct. 7, 1967) $ 336.735-13 Financial interests.

(a) An employee shall not:

(1) Own, directly or indirectly, or control the ownership of stock in an insured bank, without full disclosure in writing to, and with the approval of, the Board of Directors of the Corporation.

(2) Have a direct or indirect financial interest that conflicts substantially, or appears to conflict substantially, with his Corporation duties and responsibilities; or

(3) Engage in, directly or indirectly. a financial transaction as a result of, or primarily relying on, information obtained through his Corporation employment.

(b) This section does not preclude an employee from having a financial interest or engaging in financial transactions to the same extent as a private citizen not employed by the Corporation so long as it is not prohibited by law, the Executive Order, this section, or the regulations in this part.

(c) Having concluded that an employee's indirect financial interest in insured bank or other corporate stock through ownership of shares in widely held mutual funds which do not specialize in any particular industry is too remote and inconsequential to affect the integrity of such employee's services, general approval is hereby granted for employees to own shares in such mutual funds. (31 F.R. 5751, Apr. 14, 1966, as amended at 32 F.R. 13964, Oct. 7, 1967; 37 F.R. 12715, June 28, 1972) & 336.735–14 Use of Corporation prop

erty. An employee shall not directly or indirectly use, or allow the use of, Corporation property of any kind, including property leased to the Corporation, for other than officially approved activities. An employee has a positive duty to protect and conserve Corporation property, including equipment, supplies, and other property entrusted or issued to him, § 336.735–15 Misuse of information.

For the purpose of furthering a private interest, an employee shall not, except as provided in § 336.735-12(d), directly or indirectly use, or allow the use of, official information obtained through or in connection with his Corporation employment which has not been made available to the general public. § 336.735-16 Indebtedness.

An employee shall pay each just financial obligation in a proper and timely manner, especially one imposed by law such as Federal, State, or local taxes. For the purpose of this section, a “just financial obligation” means one acknowledged by the employee or reduced to judgment by a court, and “in a proper and timely manner" means in a manner that the Corporation will not be called upon to assist a creditor in the collection

of a just financial obligation, and which (f) The prohibitions against (1) the the Corporation determines does not, disclosure of classified information (18 under the circumstances, reflect ad U.S.C. 798, 50 U.S.C. 783); and (2) the versely on it as the employer. In the disclosure of confidential information event of dispute between an employee (18 U.S.C. 1905). and an alleged creditor, this section does (g) The provision relating to the hanot require the Corporation to deter bitual use of intoxicants to excess (5 mine the validity or amount of the dis U.S.C. 7352). puted debt.

(h) The prohibition against the mis8 336.735–17 Gambling, betting, and

use of a Government vehicle (31 U.S.C.

638a(c)). lotteries.

(i) The prohibition against the misAn employee shall not participate,

use of the franking privilege (18 U.S.C. while on Corporation-owned or leased

1719). property or while on duty for the Corpo (j) The prohibition against the use of ration, in any gambling activity includ deceit in an examination or personnel ing the operation of a gambling device, in action in connection with Government conducting a lottery or pool, in a game employment (18 U.S.C. 1917). for money or property, or in selling or (k) The prohibition against fraud or purchasing a numbers slip or ticket.

false statements in a Government matter However, this section does not preclude (18 U.S.C. 1001). activities:

(1) The prohibition against mutilating (a) Necessitated by an employee's law

or destroying a public record (18 U.S.C. enforcement duties; or

2071). (b) Under section 3 of Executive Order

(m) The prohibition against counter10927 and similar Corporation-approved

feiting and forging transportation reactivities.

quests (18 U.S.C. 508). $ 336.735-18 General conduct prejudi. (n) The prohibitions against (1) emcial to the Government.

bezzlement of Government money or An employee shall not engage in crim

property (18 U.S.C. 641); (2) failing to inal, infamous, dishonest, immoral, or

account for public money (18 U.S.C. notoriously disgraceful conduct, or other

643); and (3) embezzlement of the conduct prejudicial to the Corporation.

money or property of another person in

the possession of an employee by reason $ 336.735–19 Miscellaneous statutory of his employment (18 U.S.C. 654). provisions.

(0) The prohibition against unauEach employee shall acquaint himself

thorized use of documents relating to with each statute that relates to his claims from or by the Government (18 ethical and other conduct as an employee U.S.C. 285). of the Corporation and of the Govern (p) The prohibitions against political ment. In addition to the statutes cited

activities in subchapter II of chapter in the body of these regulations the at 73 of title 5, United States Code and 18 tention of each employee is directed to U.S.C. 602, 603, 607, and 608. the following statutory provisions:

(q) The prohibition against the dis(a) House Concurrent Resolution 175, closure of information by a bank exam85th Congress, 2d Session, 72 Stat. B12, iner (18 U.S.C. 1906). the “Code of Ethics for Government (r) The prohibition against an emService."

ployee acting as the agent of a foreign (b) Chapter 11 of title 18, United

principal registered under the Foreign States Code, relating to bribery, graft,

Agents Registration Act (18 U.S.C. 219). and conflicts of interest, as appropriate

(31 F.R. 5751, Apr. 14, 1966, as amended at

32 F.R. 13964, Oct. 7, 1967] to the employees concerned.

(c) The prohibition against lobbying Subpart C-Ethical and Other Conduct with appropriated funds (18 U.S.C. and Responsibilities of Special 1913).

Corporation Employees (d) The prohibitions against disloyalty and striking (5 U.S.C. 7311, 18 U.S.C.

§ 336.735-21 Use of Corporation em1918).

ployment. (e) The prohibition against the em A special Corporation employee shall ployment of a member of a Communist not use his Corporation employment for organization (50 U.S.C. 784).

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. § 336.735–22 Use of inside information.

(a) A special Corporation 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 section, "inside information" means information obtained under Corporation authority which has not become part of the body of public information.

(b) A special Corporation employee may teach, lecture, or write in a manner not inconsistent with $ 336.735-12(d) in regard to employees. $ 336.735–23 Coercion.

A special Corporation employee shall not use his Corporation 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. 336.735-24 Gifts, entertainment, and

favors. (a) Except as provided in paragraph (b) of this section, a special Corporation employee, while so employed or in connection with his employment, shall not receive or solicit from a person having business with this Corporation anything of value as a gift, gratuity, loan, entertainment, or favor for himself or another person, particularly one with whom he has family, business, or financial ties.

(b) Exemptions to paragraph (a) of this section are the same as those authorized to employees under $ 336.735–11(b). § 336.735_25

Miscellaneous statutory provisions. Each special Corporation employee shall acquaint himself with each statute that relates to his ethical and other conduct as a special Corporation employee of the Corporation and of the Government. In addition to the statutes cited in the body of the regulations in this part, the attention of each special Corporation employee is directed to the statutory provisions listed in § 336.735–19.

Subpart D-Statements of Employ

ment and Financial Interests § 336.735–31 Employees required

submit statements. Except as provided in § 336.735–32, statements of employment and financial interests will be filed by the following employees:

(a) Those paid at a level of the Executive Schedule in subchapter II of Chapter 53 of title 5, United States Code.

(b) Those receiving compensation equivalent to that prescribed under section 5332 of title 5, United States Code for grade GS–13 or above whose positions are specifically identified in appendix A to this part which are included by reason of meeting the following criteria:

(1) Positions the incumbents of which are responsible for making a Corporation decision or taking a Corporation action in regard to:

(i) Contracting or procurement;
(ii) Administering

monitoring grants or subsidies;

(iii) Regulating or auditing private or other non-Federal enterprise; or

(iv) Other activities where the decision or action has an economic impact on the interests of any non-Federal enterprise.

(2) Positions which the Corporation determines require the incumbent to report employment and financial interests in order to carry out the purpose of law, Executive order, this part, and the Corporation's regulations.

(c) Alterations to (deletions from and other amendments of the list of positions in Appendix A to this part may be made under the criteria in paragraph (b) of this section and are effective upon approval by the Chairman of the Board and actual notification to the incumbents. Amendments to the list in appendix A to this part shall be submitted annually for publication in the FEDERAL REGISTER. [32 F.R. 13964, Oct. 7, 1967) § 336.735–3la Employee's complaint on

filing requirement. An employee may complain to the Counselor designated in the regulations in this part that his position has been improperly included in the regulations in this part as one requiring the submission of a statement of employment

and financial interests. When a com § 336.735–36 Information not known plaint cannot be resolved or explained by employees. satisfactorily to the employee he shall

If any information required to be be granted a review of the matter

included on a statement of employment through the Corporation's grievance

and financial interests or supplementary procedure.

statement, including holdings placed in 132 F.R. 13964, Oct. 7, 1967)

trust, is not known to the employee but $ 336.735–32 Employees not required

is known to another person, the employee to submit statements.

shall request that other person to submit

information in his behalf. Employees subject to separate reporting requirements under section 401 of § 336.735–37 Information prohibited. the Executive order.

This subpart does not require an em[32 F.R. 13964, Oct. 7, 1967)

ployee to submit on a statement of em& 336.735–33 Time and place for sub

ployment and financial interests or supmission of employees' statements.

plementary statement any information

relating to the employee's connection An employee required to submit state

with, or interest in, a professional society ments of employment and financial

or a charitable, religious, social, fraterinterest under $ 336.735-31 shall submit

nal, recreational, public service, civic, or that statement to the Assistant to the

political organization or a similar orgaChairman of the Board of Directors not

nization not conducted as a business later than:

enterprise. For the purpose of this sec(a) Ninety days after the effective date

tion, educational and other institutions of the agency regulations issued under

doing research and development or rethis part if employed on or before that

lated work involving grants of money effective date; or

from or contracts with the Government (b) Thirty days after his entrance on

are deemed “business enterprises” and duty, but not earlier than ninety days

are required to be included in an emafter the effective date, if appointed after

ployee's statement of employment and that effective date.

financial interests. 336.735–34 Supplementary state § 336.735–38 Confidentiality of employments.

ees' statements. Changes in, or addition to, the infor

The Corporation shall hold statements mation contained in an employee's state

of employment and financial interest, ment of employment and financial inter

and each supplementary statement, in ests shall be reported in a supplementary confidence. All statements shall be restatement os of June 30 each year. If no ceived, reviewed, and retained in the ofchanges or additions occur, a negative fice of the assistant to the Chairman of report is required. Notwithstanding the the Board of Directors who is responsible filing of the annual report required by for maintaining the statements in conthis section, each employee shall at all fidence and shall not allow access to, or times avoid acquiring a financial interest allow information to be disclosed from, that could result, or taking an action a statement except to carry out the purthat would result, in a violation of the

poses of this part. The Corporation may conflicts-of-interest provisions of section

not disclose information from a state208 of title 18, United States Code, or

ment except as the Chairman of the CorSubpart B of this part.

poration or the Civil Service Commission [32 F.R. 13964, Oct. 7, 1967)

may determine for good cause shown. § 336.735–35 Interests of employees' [32 F.R. 13964, Oct. 7, 1967) relatives.

$ 336.735–39 Effect of employees' state The interest of a spouse, minor child, ments on other requirements. or other member of an employee's im

The statements of employment and fimediate household is considered to be an

nancial interests and supplementary interest of the employee. For the pur statements required of employees are in pose of this section, “member of an em addition to, and not in substitution for, ployee's immediate household” means or in derogation of, any similar requirethose blood relations of the employee who ment imposed by law, order, or regulaare residents of the employee's house tion. The submission of a statement or hold.

supplementary statement by an em

« PreviousContinue »