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$ 400.735–7 Financial interest of Bank as a result of, or primarily relying upon,
employee or connected person or information obtained through his ementity.
ployment at the Bank. (a) Statutory. Criminal statutes pro
(3) A Bank employee shall not make hibit & Bank employee from partic
use or give the appearance of making use, pating in any Bank matter in which, to
or permit others to make use or give the his knowledge, he, his spouse, his minor appearance of making use, of official inchild, his partner, or any organization
formation not made available to the genin which he is employed or negotiating
eral public for the purpose of furthering to be employed has a financial interest
& private interest. (18 U.S.C. 208).
(4) As a result of their official duties, (b) Rules and comment. (1) The law Bank employees will frequently have acdoes not specify the minimum financial cess to business information of a confi. Interest which gives rise to a conflict of dential nature. Typically, this might ininterest. If a Bank employee has occ& volve expansion plans by companies seeksion to act upon a matter in which to his
ing the Bank's financial assistance. knowledge he (or a person or an organi
Such information is disclosed for official zation with whom he is closely con use within the Bank and is made availnected has any financial interest able for no other purpose than consider(whether in the form of securities or ation of the loan application or other otherwise) he shall disqualify himself
matters involved. Where such confidenfrom acting. However, the statute au
tial business information might be comthorizes & waiver under certain circum promised in responding to outside instances. If & Bank employee believes quiries from apparently authorized or that the circumstances warrant the is legitimate sources, such as other Governsuance of a waiver, he shall, before pro ment agencies, staff members should receeding to act, disclose fully such in fer these inquiries to the Ethics Comterest to the official responsible for his mittee to determine whether the nature appointment. He shall then act upon
and circumstances of such inquiries the matter only after he has received a justify disclosure of the particular inwritten determination by the appointing
formation sought. Such information official that the financial interest is not
should be disclosed to part-time employso substantial as to be deemed likely to
ees and consultants of the Bank only to affect the integrity of the services which
the extent authorized by the officer rethe Bank may expect from the Bank
sponsible for the appointment of such employee. The power of exemption shall
part-time employee or consultant. be exercised by the appointing official $ 400.735–9 Former employees. after consultation with the Ethics Com (a) Statutory. Criminal stautes promittee.
hibit a former Bank employee from rep(2) A Bank employee shall not have a resenting, at any time, anyone in condirect or indirect financial interest that nection with a matter in which the U.S. conflicts substantially, or appears to con
Government has an interest and on flict substantially, with his duties or re
which he worked at the Bank, or represponsibilities at the Bank.
senting anyone personally, within one
year after leaving the Bank, in connec$ 400.735-8 Confidential information.
tion with a matter in which the U.S. (a) Statutory. Criminal statutes pro Government has an interest and which hibit a Bank employee from disclosing, was under his official responsibility durother than as provided by law, business ing his last year at the Bank (18 U.S.C. information obtained through his em 207). ployment (18 U.S.C. 1905).
(b) Rules and comment. When for(b) Rules and comment. (1) A Bank mer Bank employees or former part-time employee shall not make available to or unpaid officers or employees of the anyone outside the Bank information or Bank are acting as representatives of documents in the possession of the Bank firms or organizations dealing with the and held by the Bank on a confidential Bank, their representation should be disbasis.
closed to the Ethics Committee to de(2) A Bank employee shall not engage termine what action may be required in, directly or indirectly, financial trans with regard to the continued dealings by actions or further his personal interests, Bank employees with such represente.
tives and no further dealings shall be has a positive duty to protect and conhad with the former employee until such serve Bank property, including equipdetermination shall be made.
ment, supplies, and other property en8 400.735–10 Future employment.
trusted or issued to him. Bank regulations restrict a recipient of
8 400.735–13 Personal financial integ
rity. financial assistance from the Bank in hiring and utilizing a Bank employee. A Bank employee shall pay each just Negotiations by any Bank employee for financial obligation in a proper and timefuture employment are to be fully dis ly manner, especially one imposed by law closed to the Ethics Committee in those such as Federal, State, or local taxes. cases where the prospective employer has For the purpose of this section, a "just had more than incidental contact with
financial obligation" means one acthe Bank or can be expected to seek the knowledged by the Bank employee or Bank's assistance in the future, and no reduced to judgment by a court, and “in Bank employee shall proceed with such a proper and timely manner" means in a negotiation without a determination by manner which the Bank determines does the Ethics Committee that he may thus not, under the circumstances, reflect adproceed.
versely on the Bank as his employer. $ 400.735–11 Recommendation of out. 8 400.735-14 Gambling, betting, and side services.
lotteries. A Bank employee shall not indicate to A Bank employee shall not participate, anyone with whom the Bank has deal while on Bank-owned or leased property, Ings any preference among suppliers,
or while on duty for the Bank, in any attorneys, engineers, or consultants as gambling activity including the operaregards goods, equipment, or services to
tion of a gambling device, in conducting be provided in connection with any Bank & lottery or pool, in a game for money assistance. It is established Bank policy or property, or in selling or purchasing to avoid placing any person or firm in
a numbers slip or ticket. & preferential position with respect to
8 400.735-15 General conduct prejudi. obtaining orders or contracts for mate
cial to the Bank. rials or services. Bank employees are not
A Bank employee shall not engage in to recommend the services of any attorney, engineer, economist or other con
criminal, infamous, dishonest, immoral,
or notoriously disgraceful conduct, or sultant or adviser to any person or firm
other conduct prejudicial to the Bank. in connection with loan applications or
A Bank employee shall avoid any action, other matters which have been or can be
whether or not specifically prohibited expected in the future to be brought be
in this Subpart A, which might result fore the Bank. It is recognized that bor
in, or create the appearance of: rowers, particularly foreign govern
(a) Using public office for private ments, and firms, may in good faith seek
gain; the assistance of the Bank in selecting
(b) Giving preferential treatment to competent firms or consultants in con
any person; nection with such matters as engineer (c) Impeding Bank efficiency or econing surveys which might later form the
omy; basis for a loan application. If the in (d) Losing complete independence or terests of the Bank justify some guid impartiality; ance by the Bank itself in these situa (e) Making a Bank decision outside tions, a comprehensive list of qualified official channels; or firms may be furnished upon determina (f) Affecting adversely the confidence tion by the Ethics Committee of the pro of the public in the integrity of the Bank. priety of such action.
& 400.735–16 Courtesy. 8 400.735–12 Use of Government prop A Bank employee shall conduct himerty.
self in a manner that will assure effective A Bank employee shall not, directly or accomplishment of his responsibilities indirectly, use, or allow the use of, Bank and must observe the requirements of property of any kind, including property courtesy, consideration, and promptness leased to the Bank, for other than of- in dealing with those seeking the Bank's ficially approved activities. An employee assistance.
& 400.735–17 Miscellaneous statutory sion of an employee by reason of his provisions.
employment (18 U.S.C. 654). Attention of each Bank employee is di
(p) The prohibition against unauthorrected to the following statutory provi
ized use of documents relating to claims sions:
from or by the Government (18 U.S.C. (a) The prohibition against a Bank
285). employee participating in any manner
(q) The prohibitions against political upon the deliberation or determination of activities in subchapter III of chapter 73 any matter affecting his personal inter
of title 5, United States Code and 18 ests or the interests of any corporation,
U.S.C. 602, 603, 607, and 608. partnership, or association in which he (r) The prohibition against an emis directly or indirectly interested (12
ployee acting as the agent of a foreign U.S.C. 635a(e)).
principal registered under the Foreign (b) House Concurrent Resolution 175,
Agents Registration Act (18 U.S.C. 219). 85th Congress, 2d Session, 72 Stat. B12, [31 FR. 3048, Feb. 22, 1966, as amended at the “Code of Ethics for Government
32 F.R. 13758, Oct. 3, 1967) Service".
Subpart B-Implementation (c) Chapter li of Title 18, United States Code, relating to bribery, graft, $ 400.735–20 Dissemination. and conflicts of interest.
The Administrative Oficer will cause (d) The prohibition against lobbying
all Bank employees to read Subparts A with appropriated funds (18 U.S.C.
through C of this part at the time of their 1913).
employment and at least annually there(e) The prohibitions against disloyal
after. All Bank employees shall have ty and striking (5 U.S.C. 7311, 18 U.S.C.
read Subparts A through C of this part 1918).
not later than 60 days after the effective (f) The prohibition against the em date of issuance. ployment of a member of a Communist
$ 400.735–21 Ethics Committee. organization (50 U.S.C. 784).
(g) The prohibitions against the dis A committee on ethics (the Ethics closure of classified information (18 Committee) is hereby established. It U.S.C. 798; 50 U.S.C. 783).
shall consist of the First Vice President, (h) The provision relating to the as Chairman, the Assistant General habitual use of intoxicants to excess (5 Counsel, and the Adiminstrative Officer U.S.C. 7352).
of the Bank. All notices to the Ethics (i) The prohibition against the mis Committee shall be given to its Chairuse of a Government vehicle (31 U.S.C. man and only its Chairman shall speak 638a(c)).
for the Ethics Committee. The Ethics (j) The prohibition against the mis Committee is authorized and directed to use of the franking privilege (18 U.S.C. take the actions referred to in $ $ 400.1719).
735-5(b) (1), 400.735–6(b) (4), 400.735– (k) The prohibition against the use 7(b) (1), 400.735–8(b) (4), 400.735–9(b), of deceit in an examination or personnel
400.735–10, 400.735–11, and 400.735action in connection with Government
30(c). The Ethics Committee shall have employment (18 U.S.C. 1917).
the duty to assure that no appointment (1) The prohibition against fraud or false statements in a Government matter
of a regular Bank employee is made if (18 U.S.C. 1001).
such appointment would create a conflict
under $ 400.735–6(b) (1) (m) The prohibition against mutilat
or $ 400.735– ing or destroying a public record (18
7(b) (2). U.S.C. 2071).
(32 F.R. 13758, Oct. 3, 1967) (n) The prohibition against counter
$ 400.735–22 Counselor on Ethics. feiting and forging transportation re
The Chairman of the Ethics Commitquests (18 U.S.C. 508). (0) The prohibitions against:
tee shall serve as Counselor to the Bank (1) Embezzlement of Government
and as the Bank's designee to the Civil money or property (18 U.S.C. 641);
Service Commission on matters covered (2) Failing to account for public by Subparts A through C of this part. money (18 U.S.C. 643); and
He shall also coordinate the work of the (3) Embezzlement of the money or Deputy Counselor on Ethics mentioned property of another person in the posses in $ 400.735-23.
§ 400.735–23 Deputy Counselor on
Ethics. The General Counsel shall be Deputy Counselor on Ethics and shall be available to give authoritative advice and guidance to each Bank employee on matters covered by Subparts A through C of this part, including any matter arising under $ 400.735–7(b) (2). § 400.735–24 Availability of counseling.
Each Bank employee may consult the General Counsel at any time for counseling on problems raised by Subparts A through C of this part.
$ 400.735–25 Complaints.
Complaints from any source concerning the subject matter of Subparts A through C of this part, whether emanating from within or outside the Bank, are to be submitted to the Chairman of the Ethics Committee. $ 400.735–26 Disciplinary and other
remedial action. If a Bank employee violates any of the provisions of Subparts A through C of this part he shall be subject to the penalties provided by law, and to such additional disciplinary and other remedial action, including, among others, dismissal, suspension, or reduction in rank, as is appropriate. Disciplinary and other remedial action shall be effected in accordance with any applicable laws, Executive orders, and regulations. Subpart 6-Special Categories of
Bank Employees $ 400.735–30 Bank employees who are
required to submit statements of em
ployment and financial interests. (a) Statements of employment and financial interests shall be submitted by the following Bank employees:
(1) Every Bank employee paid at a level of the Executive Schedule in subchapter II of chapter 53 of title 5, United States Code, but not including the Bank employees who are subject to section 401(a) of Executive Order 11222, May 8, 1965; and
(2) Those Bank employees in grades GS-13 and above under section 5332 of title 5, United States Code, who occupy positions the basic duties and responsibilities of which require the incumbent to be responsible for making a Bank decision or taking Bank action where the
decision or action has an economic impact on the interests of any non-Federal enterprise.
(b) The time and manner of submission of statements, and the procedures with respect thereto, are specified in Subpart E of this part.
(c) Any Bank employee who considers that his position has been improperly included among those requiring the submission of statements of employment and financial interests may submit the matter for review by the Ethics Committee created pursuant to $ 400.735–21 of Subpart B of this part, or in accordance with the Bank's established procedures governing grievances and complaints as prescribed in Staff Memorandum No. 12 dated January 29, 1960. (31 F.R. 3048, Feb. 22, 1966, as amended at 32 F.R. 13758, Oct. 3, 1967) $ 400.735–31 Bank employees other
than regular full-time. Most of the statutes on employees' conduct are applicable to all directors, officers, and employees of the Bank, whether full-time or part-time, whether employed or retained on a consulting capacity, and whether compensated or not. However, there are special provisions applicable to part-time officers and employees of the Bank with regard to their activities before Government agencies and the prohibition against outside compensation does not apply to officers and employees who serve without pay or to certain officers and employees who serve part time. Administrative actions and rules applicable to other than fulitime officers or employees of the Bank are covered by Subpart D of this part. & 400.735–32 Presidential appointees.
The rules set forth in Subpart A of this part are applicable to all Bank employees who were appointed to their positions by the President of the United States, except that for purposes of the determination by the official responsible for the Bank employee's appointment referred to in $ 400.735–7(b) (1), members of the Board of Directors other than the President of the Bank, shall have such determination made by the President of the Bank. In addition, such Bank employees are subject to the provisions of Part IV of Executive Order 11222 of May 8, 1965, relating to submission of statements by Presidential appointees and to the requirement that they not receive compensation or anything of monetary
value for any consultation, lecture, dis directly to the duties and responsibilities cussion, writing, or appearance, the of the prospective officer or employee, subject matter of which is devoted sub but this requirement shall only apply if stantially to the responsibilities, pro the salary, on an annual basis, of such grams, or operations of the Bank, or prospective officer or employee is equal which draws substantially on oficial to or more than the minimum of grade data or ideas which have not become GS-13 under section 5332 of title 5, part of the body of public information. United States Code, and the position to
be filed has basic duties and responsiSubpart D-Procedures Applicable to
bilities which require the incumbent to Other Than Regular Full-Time Bank
be responsible for making a Bank deciEmployees and Certain Related sion or taking Bank action where the Standards of Conduct
decision or action has an economic im8 400.735-40 Procedures governing ap
pact on the interests of any non-Federal
enterprise, or if such prospective officer pointment and utilization.
or employee is to be an expert or conPursuant to Executive Order 11222, sultant as defined in Chapter 304 of the dated May 8, 1965, and Part 735 of Civil Federal Personnel Manual. The ChairService Commission regulations (5 CFR man of the Ethics Committee shall inPart 735), this section sets forth the quire as to the duties of the prospective procedures which shall be observed in oficer or employee and as to confidential appointing and utilizing advisors, con information which in the execution of sultants, and part-time employees.
his duties must necessarily be made (a) No private person shall be re available to the prospective officer or emquested to appear before the Bank to ployee. The Chairman of the Ethics give advice, comment or service to the Committee shall determine whether or Bank except upon initiative of the Bank. not the proposed appointment is free
(b) Whenever a private person is re from probable conflicts of interest, takquested to appear before the Bank to give ing into consideration the likelihood that advice, comment, or service to the Bank, the appointee may have to act in his it shall be determined whether he will official capacity on a matter in which he appear on his own behalf or in a rep or someone connected with him has a resentative capacity for some party out financial interest, the likelihood that side the U.S. Government or whether his he may have to act in his private capacappearance is under circumstances mak ity with respect to a matter on which ing him an officer or employee of the he will act in his official capacity or Bank.
which may be pending before the Bank (c) If he is to appear other than as an during the term of his appointment, and officer or employee of the Bank, he shall the likelihood that the appointee in his be caused to read the “Standards of Con official capacity will acquire information duct for Persons Appearing before the which would be significant to him and Bank other than as Officers or Employees not otherwise available to him in his of the Bank” ($ 400.735-41).
private capacity. The Chairman of the (d) If he is to appear under circum Ethics Committee shall consult with the stances making him an officer or em other members of the Ethics Committee ployee of the Bank, he shall, prior to ap on any of the foregoing matters to the pointment, make disclosure, to the extent extent he deems appropriate. and in accordance with procedures speci (e) If the proposed appointment is fied by the Chairman of the Ethics Com free from probable conflicts of interest, mittee, of his private employment and the candidate shall be given an appointfinancial interests. Such disclosure shall ment in writing. This appointment show, at least, all other employment (in shall not extend for more than 365 days. cluding the names of all corporations, It shall be determined at the time he is companies, firms, State, or local govern appointed to serve whether or not the ment organizations, research organiza appointee is a “special Government emtions and educational or other institu ployee" for purposes of Public Law 87tions in which the prospective officer or 849. This determination shall be made employee is serving as employee, officer, upon consideration of these factors: member, owner, director, trustee, advi (1) Whether or not he held at any sor or consultant) and all financial in time during the 365 days preceding terests which relate either directly or in appointment another appointment for