« FöregåendeFortsätt »
e antiorzet Juose i vie Izei ar sen ne emciques i 7219 rters spectraly anongate
fiezis Kam adning er cucyees of met responsiourties under the regiztons, impress poo them mer ocuzation to dechine accatur.o.of so , whenever possicie, & the time they are offeres, or to return them f they have been sent or delivered sithout a prior stier. All practical measures, sacs as periodie briefings, shari be taken to minize the number of gifts which employees must deposit and which this become sucject to disposal as pro vided by law and regaation. En spicyees should not accept gifts of more than minimal value on the assumption that refusal would be likely to 'cause offense or err-barrassment or otherwise adversely affect the foreign relations of the United States. In many instances it should be possible, by explanation of the prohibition against an ernployee's retention of such gifts, to avoid consequences of acceptance, including possible return of the gift to the donor. Refusal of the gift at the inception should typically be regarded as in the interest both of the foreign government donor and the U.S. Goverment. 13.5 Designation of officials and offices responsible for ad.
ministration of foreign gifts and decorations. (a) The Act effects a significant degree of decentralization of administration relative to the disposal of foreign gifts and decorations which become U.S. Government property. Each agency is now responsible for receiving from its employees deposits of foreign gifts of more than minimal value, as well as of foreign decorations not meeting the statutory criteria for retention by the recipient. The agency is also responsible for disposing of this property by return to the donor, for retaining it in the agency if official use of it is approved, for reporting to the General Services Administration within 30 calendar days after deposit items neither disposed of nor retained, and for assuming custody, proper care and handling of such property pendiminoval from that custody pursuant to disposal arrangements by the General Services Administration. The Secretary of State, however, is made responsible for providing guidance to other executive agencies in the development of their own regulations to implement the Act, as well as for the annual publication of lists of all gifts of more than minimal value deposited by Federal employees during the preceding year. (See $ 3.5(c).] Authority for the discharge of the Secretary's responsibilities is delegated by these regulations to the Chief of Protocol.
(b) The Office of the Chief of Protocol retains primary responsibility for administration of the Act within the Department of State. That Office will, however, serve as the depository only for those foreign gifts and decorations which are turned in by State Department employees. The Director of Personnel Services of the USIA 1 will have responsibility for administration of the Act within that agency and will serve as the depository of foreign gifts and decorations. Employees of the other foreign affairs agencies must deposit with their respective agencies any gifts or decorations deposit of which is required by law.
(c) Any questions concerning the implementation of these regulations or interpretation of the law should be directed to the follow
(1) For the Department of State, to the Office of Protocol or to the Office of the Assistant Legal Adviser for Management, as appropriate;
(2) For IDCA, to the Office of the General Counsel;
(3) For AID, to the Assistant General Counsel for Employee and Public Affairs; and
(4) For USIA, 1 to the General Counsel. 83.6 Procedure to be followed by employees in depositing
gifts of more than minimal value and reporting ac
ceptance of travel or travel expenses. (a) An employee who has accepted a tangible gift of more than minimal value shall, within 60 days after acceptance, relinquish it to the designated depository office for the employing agency for disposal or with the approval of that office, deposit it for official use at a designated location in the employing agency or at a specified Foreign Service post. The designated depository offices are:
(1) For the Department of State, the Office of Protocol;
(2) For IDCA, the General Services Division of the Office of Management Planning in AID;
(3) For AID, the General Services Division of the Office of Management Planning; and
(4) For USIA,' the Office of Personnel Services. (b) At the time that an employee deposits gifts of more than minimal value for disposal or for official use pursuant to paragraph (a) of this section, or within 30 days after accepting a gift of travel or travel expenses as provided in $ 3.4(d) (unless the gift of such travel or travel expenses has been accepted in accordance with specific instructions from the Department or agency), the employee shall file a statement with the designated depository office with the following information: (1) For each tangible gift reported:
(i) The name and position of the employee;
(ii) A brief description of the gift and the circumstances justifying acceptance;
(iii) The identity of the foreign government and the name and position of the individual who presented the gift;
(iv) The date of acceptance of the gift;
(v) The donee's best estimate in specific dollar terms of the value of the gift in the United States at the time of acceptance; and
(vi) Disposition or current location of the gift. (For State Department employees, forms for this purpose are available in
the Office of Protocol.) (2) For each gift of travel or travel expenses:
(i) The name and position of the employee;
(ii) A brief description of the gift and the circumstances justifying acceptance; and
(iii) The identity of the foreign government and the name and position of the individual who presented the gift. (c) The information contained in the statements called for in paragraph b of this section is needed to comply with the statutory requirement that, not later than January 31 of each year, the Secretary of State publish in the Federal Register a comprehensive listing of all such statements filed by Federal employees concerning gifts of more than minimal value received by them during the preceding year. 83.7 Decorations.
(a) Decorations tendered in recognition of active field service in time of combat operations or awarded for other outstanding or unusually meritorious performance may be accepted, retained, and worn by an employee, subject to the approval of the employing agency. Without such approval, the decoration is deemed to have been accepted on behalf of the United States and, like tangible gifts of more than minimal value, must be deposited by the employee with the designated depository office for the employing agency within sixty days after acceptance, for retention for official use or for disposal in accordance with $3.9.
(b) The decision as to whether a decoration has been awarded for outstanding or unusually meritorious performance will be made:
(1) For the Department of State, by the supervising Assistant Secretary of State or comparable official, except that, in the case of a decoration awarded to an Assistant Secretary or other officer of comparable or higher rank, the decision shall be made by the Office of Protocol;
(2) For IDCA, by the Assistant Director for Administration; (3) For AID, by the Director of Personnel Management; and
(4) For USIA, I by the Supervising Associate Director, the General Counsel, or the Director of the Office of Congressional and Public Liaison (for domestic employees), and by the Direc
tor of Area Offices (for overseas employees). (c) To justify an affirmative decision, a statement from the foreign government, preferably in the form of a citation which shows the specific basis for the tender of the award, should be supplied. An employee who has received or been tendered a decoration should forward to the designated depository office of the employing
be 2) For Rio, by the the Supeor of the
agency a request for review of the case. This request should contain a statement of circumstances of the award and such documentation from the foreign government as has accompanied it. The depository office will obtain the decision of the cognizant office as to whether
the award meets the statutory criteria and thus whether the decoperation may be retained and worn. Pending receipt of that decision,
the decoration should remain in the custody of the recipient. $ 3.8 Approval of retention of gifts or decorations with em
ploying agency for official use. (a) At the request of an overseas post or an office within the em. ploying agency, a gift or decoration deemed to have been accepted on behalf of the United States may be retained for official uso, Such retention should be approved:
(1) For the Department of State, by the Chief of Protocol;
(4) For USIA, 1 by the Associate Director for Management, However, to qualify for such approval, the gift or decoration should be an item which can be used in the normal conduct of agency busi ness, such as a rug or a tea service, or an art object meriting dis play, such as a painting or sculpture. Personal gift items, such as wristwatches, jewelry, or wearing apparel, should not be regarded as suitable for official use”. Only under unusual circumstances will retention of a decoration for official use be authorized, Every olfort should be made to place each “official use" item in a location that will afford the largest number of employees, and, if feasible, mem. bers of the public, the maximum opportunity to receive the benefit of its display, provided the security of the location is adequate.
(b) Items approved for official use must be accounted for and safeguarded as Federal property at all times under standard rederal property management procedures. Within 30 days after the official use of a gift has been terminated, the gift or decoration shall be deposited with the designated depository office of the employing agency to be held pending completion of disposal arrangements by the General Services Administration. 83.9 Disposal of gifts and decorations which become the
property of the United States. (a) Gifts and decorations which have been reported to an employing agency shall either be returned to the donor or kept in safe storage pending receipt of instructions from the General Services Administration for transfer, donation or other disposal under the provisions of the Federal Property and Administrative Services Act of 1949, 63 Stat. 377, as amended, and the Federal Property Management Regulations (41 CFR Part 101-49). The employing agency shall examine each gift or decoration and the circumstances surrounding its donation and assess whether any adverse effect upon the foreign relations of the United States might result from a return of the gift (or decoration) to the donor, which shall be the preferred means of disposal. If this is not deemed feasible, the employing agency is required by GSA regulations to report deposit of the gift or decoration within 30 calendar days, using Standard Form 120, Report of Excess Personal Property and, as necesaar Stand
2 7 24 Cacdicacion Saeet and song Secuado 342
The CS Code 3311 ze eccrng docume: Sac reports sabe simte is ze Cerezi Serrces Listration, Washingr. lat.coal Cacta: Ezgco WC W c Pederal Prooer Bescres Serrce, Severnard D Soreets, S., Wastingon, D.Ć. 20407.
Nief or decoration deposited v e General Services AdEritrat ca for Esposal may be soic wioc e approval of the Secretary of Statz, upon a determination at the sale w not ad. verse y afect the foreign relations at the Cated States. When de positing arts or detrations
w e iesignated depository office of their empioying agency, emsicyees may recate their interest in participating in any sucsegter: sale of size items by the Government. Before gifts and teesrates Tay be considered for sale by the General Services Administration, however, they must first have been crered for transfer to Federal agencies and for donation to the States. Consequentiy, enpicyees sécc. nederstand that there is no assurance that an item we be artered for sale, or, if so of fered, that it will be feasible for an employee to participate in the sale Employees are reminded in this connection that the primary aim of the Act is to discourage empicyees acceptance of gifts of more than minimal value. $3.10 Enforcement
(a) Each employing agency is responsible under the Act for reporting to the Attorney General cases in which there is reason to believe that one of its employees has violated the Act. The Attorney General in turn may file a civil action in any United States District Court against any Pederal employee who has knowingly solicited or accepted a gift from a foreign government in violation of the Act, or who has failed to deposit or report such gift, as an Act required by the Act. In such case, the court may assess a maximum penalty of the retail value of a gift improperly solicited or received, plus $5,000.
o Supervisory officials at all levels within employing agencies shall be responsible for providing periodie reorientation of all employees under their supervision on the basie features of the Act and these regulations, and for ensuring that those employees observe the requirements for timely reporting and deposit of any gifts of more than minimal value they may have accepted.
(e) Employees are advised of the following actions which may result from failure to comply with the requirements of the Act and these regulations:
(1) Any supervisor who has substantial reason to believe that an employee under his or her supervision has violated the reporting or other compliance provisions of the Act shall report the facts and circumstances in writing to the senior official in charge of administration within the cognizant bureau or office or at the post abroad. If that official upon investigation decides that an employee who is the donee of a gift or is the recipient of travel or travel expenses has, through actions within the employee's control, failed to comply with the procedures established by the Act and these regulations, the case sha" lo referred to the Attorney General for appropriate action.