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$ 1050.204 Advance approval for accept

ance of gifts or decorations. (a) If an employee is advised that a gift of more than minimal value as described in $ 1050.202 (b) or (c) is to be tendered to him or her, the employee shall, if time permits, request the written advice of the Directorate of Administration regarding the appropriateness of accepting or refusing the gift. A request for approval shall be submitted to the Directorate of Administration in writing, stating the nature of the gift and the reasons for which it is being tendered. The Directorate of Administration shall consult with Assistant Secretary for International Affairs and the appropriate General Counsel in connection with advising the employee. If such advice cannot be obtained and refusal of the gift would likely cause offense or embarrassment or otherwise adversely effect the foreign relations of the United States, the gift may be accepted, but the Directorate of Administration shall be informed as soon as possible. In either event, the employee shall proceed as provided in $$ 1050.202 and 1050.301 of this part.

(b) Where an employee is notified of the intent of a foreign government to award him a decoration for outstanding or unusually meritorious service, approval required under $ 1050.203 should be obtained prior to acceptance of the award. A request for approval shall be submitted to the Directorate of Administration in writing, stating the nature of the decoration and the reasons for which it is being awarded. The Directorate of Administration shall consult with the Assistant Secretary for International Affairs and the appropriate General Counsel. If time does not permit the employee to obtain approval for the award of the decoration before its receipt, the employee may accept it, but shall seek such approval immediately thereafter.

which are covered in paragraph (b) below, an employee shall, in addition to depositing a tangible gift (e.g. wearing apparel, liquor, etc.) with the Directorate of Administration in accordance with $ 1050.202 of this part, file with the Directorate of Administration a statement concerning the gift containing the information identified on the sample form set forth in Appendix I. The form set forth in Appendix I must also be filed if the aggregate value of gifts accepted by the recipient from all sources over any period of one year exceeds $250.

(b) Within 30 days after accepting travel or travel expenses in accordance with $ 1050.202 of this part, an employee shall file with the Directorate of Administration a statement concerning the travel containing the information identified on the sample form set forth in Appendix II. Such a statement need not be filed, however, if the travel is in accordance with specific travel arrangements made by the Department in cooperation with the foreign government.

(c) The Directorate of Administration shall:

(1) Maintain the statements filed pursuant to these regulations and make them available for public inspection and copying during regular business hours; and

(2) Not later than January 31 of each year compile and transmit to the Department of State for publication by the Department of State in the FEDERAL REGISTER a list of all statements filed pursuant to these regulations during the preceding calendar year.

Subpart C-Procedures and

Enforcement

§ 1050.302 Use or disposal of gifts and

decorations accepted on behalf of the

United States. (a) The Directorate of Administration shall accept and maintain custody of all tangible gifts and decorations accepted by employees on behalf of the United States pending their final disposition.

(b) Whenever possible, the gift or decoration shall be returned to the original donor. The Directorate of Administration shall examine the circumstances surrounding its donation, and,

$ 1050.301 Reports.

(a) Within 60 days of accepting a gift of more than minimal value, other than gifts of travel or travel expenses,

posit with the Department of the Treasury.

(e) The Directorate of Administration shall retain custody of gifts and decorations not returned to the donor or retained for the official use of the Department until GSA directs it concerning their disposition. At the request of GSA, the Directorate of Administration shall arrange for appraisal of specific gifts and decorations.

in consultation with the Assistant Secretary for International Affairs, assess whether any adverse effect upon the United States foreign relations might result from return of the gift or decoration to the donor. The appropriate officials of the Department of State shall be consulted if the question of an adverse effect arises.

(c) The Directorate of Administration may determine that the gift or decoration may be retained for the official use of the Department, if it can be properly displayed in an area at Headquarters or at a field facility accessible to employees or members of the public or if it is otherwise usable in carrying out the mission of the Department. The Assistant Secretary for International Affairs shall be consulted to determine whether failure to accept the gift or decoration for the official use of the Department will have an adverse effect on the foreign relations of the United States. In no case shall a gift or decoration be accepted for the official use of the Department when the enjoyment and beneficial use of the gift will accrue primarily to the benefit of the donee or any other individual employee. Gifts or decorations that are retained for the official use of the Department shall be handled in accordance with the provisions of paragraph (d) of this section when their official use is ended.

(d) If a gift or decoration is not retained for official use of the Department, or if its official use has ended, the Directorate of Administration shall, within 30 days after its deposit or after its official use has ended

(1) Report the gift or decoration to the General Services Administration (GSA) for transfer, donation, or other disposal in accordance with the provisions of the Federal Property and Administrative Services Act of 1949 and the Federal Property Management Regulations at 41 CFR Part 101-49, or

(2) If the gift or decoration is in cash, currency,

monies (except those with possible historic or numismatic value), or is a noncash monetary gift such as a check, money order, bonds, shares of stock, or other negotiable instrument, forward it to the Finance and Accounting Office for de

8 1050.303 Enforcement.

(a) An employee who violates the provisions of the Act or these regulations may be subject to disciplinary action or civil penalty action as set forth in paragraphs (c) and (d) of this section.

(b) Suspected violations of the Act or these regulations shall be reported promptly to the appropriate General Counsel and the Inspector General.

(c) The Inspector General will be responsible for taking the following actions:

(1) If the results of an investigation by the Inspector General do not provide any support for a determination that a violation of the Act or these regulations has occurred, then no further action shall be taken.

(2) If it is determined that the employee knowingly and through actions within his own control has done any of the following, the matter shall be referred to the Attorney General for appropriate action:

(i) Solicited or accepted a gift fro a foreign government in a manner inconsistent with the provisions of the Act and these regulations;

(ii) As the approved recipient of travel expenses failed to follow the procedures set forth in the Act and these regulations; or

(iii) Failed to deposit or report a gift as required by the Act and these regulations.

(3) If it is determined that the employee failed to deposit a tangible gift with the Directorate of Administration within 60 days, or to account properly for acceptance of travel expenses, or to comply with the requirements of these regulations relating to the disposal of gifts and decorations retained for official use, but that the

or

criteria of knowledge and control spec- the retail value of the gift improperly ified in paragraph (c)(2) of this section solicited or received plus $5,000. for referral to the Attorney General have not been met, then the matter

Subpart D-Gifts to Foreign shall be referred by the Inspector

Individuals General to appropriate Departmental officials for administrative action. (d) As set forth in section 7342(h) of

8 1050.401 Prohibition against use of aptitle 5, United States Code, the Attor

propriated funds. ney General may bring a civil action in No appropriated funds other than any district court of the United States funds from the "Emergencies in the against any employee who knowingly Diplomatic and Consular Service” acsolicits or accepts a gift from a foreign count of the Department of State may government not consented to by the

be used to purchase any tangible gift Act, or who fails to deposit or report

of more than $100 value for any forsuch gift as required by the Act. The

eign individual unless such gift has court in which such action is brought

been approved by the Congress. may assess a civil penalty against such employee in any amount not to exceed

DOE F 1735.2

(8-80)

APPENDIX I

U.S. DEPARTMENT OF ENERGY
FOREIGN GIFTS STATEMENT

(Statement Concerning Gifts
Received from a Foreign Government)

1 Name of Employee

2. Date

3. Division

4. Position

5. Name of Recipient

6. Relationship to Employee

7. Description of Gift

8. Date of Acceptance

9. Value of Gitt

10. Circumstances Justitying Acceptance of the Gift

11. Foreign Government Donor

12a. Name of Individual Presenting Gift

12b. Position of Individual Presenting Gift

13. Do you wish to participate in the sale of this item if it is sold by GSA?

O Yes

O No

Signature of Recipient

Date

STATEMENT CONCERNING GIFTS RECEIVED FROM A FOREIGN GOVERNMENT Item 1. This statement is to be filed pursuant to the provisions of the Foreign Gifts and

Decorations Act (5 U.S.C. 7342, as amended by Pub. L. 95-105, August 17, 1977) and DOE implementing regulations at 10 CFR Part 1050. These provisions apply to foreign gifts tendered to or accepted by Federal employees and their spouses and dependents. The name of the employee should always be indicated in item 1; if the employee is the recipient of the gift then items 5 and 6 should be marked N/A-not applicable; if the recipient is a spouse or dependent, then the appropriate information should be included in

items 5 and 6. Item 2. Self explanatory. Items 3 and 4. The Office or Division and the position of the employee should be indicated

here regardless of whether the recipient is the employee or a spouse or dependent. Items 5 and 6. See above, Item 1. Item 7. Self explanatory. Item 8. Self explanatory. Item 9. Indicate the retail value in the United States at the time of acceptance. If there is

any uncertainty as to the value of the gift, it is the recipient's responsibility to make a reasonable effort to determine value. If the value is $100 or under, and if the aggregate value of the gifts accepted by the recipient from all sources over any period of one year does not exceed $250, then the gift may be retained by the recipient and this Statement

need not be submitted. Item 10. Identify in this item whether or not approval to accept the gift was sought or

given in advance in accordance with Section 1050.204 of the DOE regulations. Also identify those circumstances supporting a determination that refusal of the gift would likely cause offense or embarrassment or otherwise adversely affect the foriegn relations of

the United States. Items 11 and 12. Self explanatory. Item 13. Though there is no assurance that the item will be sold or if it is sold that it will

be feasible for the recipient to participate in the sale, GSA regulations provide for participation by the recipient where feasible.

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