dod gift rules

207 and 208, and 41 U.S.C. Doreen decides to retire. OFFICE OF GOVERNMENT ETHICS REGULATION, 5-200. PROCUREMENT INTEGRITY - (41 U.S.C. See subsection 4-101.a. Food and entertainment (not travel and lodging), at social events, if: (1) the invitation is not from a prohibited source, and (2) the event is free to all attendees. Time of Filing ..........................................................................................................73, 7-204. Title 32 National Guard Member ............................................................................6, 1-229. Individuals Required to File ....................................................................................82, 7-301. a. DoD may pay for DoD memberships in accordance with opinions of the Comptroller General, such as 24 Comp. 2635.402(b)(1) (Reference (d)) in subsection 2-100 of this Regulation; b. Bonnie may keep all of the gifts given to her. Some items are excluded from the definition of a gift, so they may be accepted. (This section will be deleted in future reissuance of this Regulation.). Bill may not solicit, and he and his coworkers may not give, their boss a group gift or individual gifts at Christmas that exceed $10. Designated Agency Ethics Official (DAEO). Terminal Leave .............................................................................................. 103, SECTION 9. 301-1.2 and 304 (Reference (c)), Heads of DoD Components may accept travel benefits from a non-Federal source incurred by DoD employees in connection with their attendance in an official capacity at a meeting or similar function. Although ethics counseling and advice are given by DoD attorneys and involve interpretation of law and regulation and rendering of legal opinion, no attorney-client or other confidential relationship is created. Other than the use of Federal Government communications systems authorized in accordance with subsection 2-301.a. Title 32 National Guard Member. See Chapter 9 of this Regulation. See 5 U.S.C. a. Remuneration ..........................................................................................................32, 3-206. Chain of Submission. An individual who currently holds an appointment in the Reserve of a Military Department, or is a military officer of the National Guard with Federal Government recognition. c. If the DoD Component desires to sponsor an event, but requires assistance in making the arrangements, the DoD Component may arrange, through normal acquisition procedures, to have a non-Federal entity provide whatever assistance is necessary. Although the descriptions do provide general guidelines, the descriptions are not exhaustive and restrictions are dependent on the specific facts in a particular case. DoD employees (or their spouses) shall not accept cash payments on behalf of the Federal Government. 12674 (Reference (e g)) in subsection 12-100 of this Regulation, and implementing regulations; or. 209(b) (Reference (c)). 208 (Reference (i)). It is the civic duty of every citizen, and especially DoD employees, to exercise discretion. (a) Part 2636 of title 5, Code of Federal Regulations, Part 2636, (b) Chapters 71 and 73, App. See 5 C.F.R. (2) Purely personal, unofficial volunteer efforts to support fundraising outside the Federal Government workplace are not prohibited where the efforts do not imply DoD endorsement. 2635.502(e)(1) and (2) (Reference (a)) in subsection 2-100 of this Regulation, provide written notice of disqualification to his supervisor upon determining that he will not participate in the matter. 2012 (Reference (f)) which limits support that is not based on customary community relations or public affairs activities) or regulations; and. See 5 C.F.R. 2634.701 and 702. You may accept cups of coffee offered by a contractor at no charge. Provide written and oral advice, counseling, and assistance to his DoD Component command or organization and to the DoD employees of his DoD Component command or organization, on all ethics matters, particularly areas covered by this Regulation and related statutes and regulations; b. 208" ........................................................................................................55, SECTION 3. 304-1.5 (reference (c)) rules. 1-228. b. Acceptance of Gifts by Certain Reserve and National Guard Members. Annual Ethics Training (AET) ..........................................................................111, 11-302. Liaisons may officially represent DoD in discussions of matters of mutual interest with non-Federal entities providing it is made clear to the non-Federal entities that the opinions expressed by liaisons do not bind DoD or any DoD Component to any action. c. Avoid any activity that would affect the public's confidence in the integrity of the Federal Government, even if it is not an actual violation of the law. Bribery of Public Officials and  Witnesses ......................................................57, 5-401. App. Congress has consented to the acceptance of civil employment with a foreign government by, among others, retired Regular military members and Reserve military members, if both the Secretary of the Military Department and the Secretary of State approve the employment. Standard for Accomplishing Disqualification .........................................................21, 2-205. DoD spouses may, however, be included in the official party at such events when spouses of … Participation in Conferences and Similar Events ...................................................33, 3-208. The travel-approving authority ................................................................................51, 4-301. (b) DoD employees who are special Government employees, who are officers in the uniformed services who serve on active duty for 30 or fewer consecutive days, or who are designated employees (subsections 2638.704(d)(3)(iii)(B), 2638.704(d)(3)(iii)(C), and 2638.704(d)(3)(iii)(D) of Reference (a)), in subsection 11-100., above, may be given written AEBs, in accordance with section 2638.704(d)(3)(i) of Reference (a). 3710a (Reference (k)); a cooperative agreement or other transaction identified in 10 U.S.C. 209" [TO BE PUBLISHED]. (2) The report shall contain the information prescribed in the "Instructions for Completing OGE Form 278" attached to the OGE Form 278. 2635, Subpart F (Reference (a)) in subsection 2-100 of this Regulation, provides rules on seeking other employment that apply to all DoD employees. 7-204. 734, “Political Activities of Federal Employees, Executive Branch Financial Disclosure, Qualified Trusts, and Certificates of Divestiture, PUBLIC FINANCIAL DISCLOSURE REPORT (OGE Form 278), Special Reviewing Requirements of O-9 and O-10 Flag and General Officer Nominees. (2) in an operation or area designated by the Secretary of Defense as a combat operation or a combat zone. 203, 205, 207, 208 or 209 (Reference (c)) is suspected, the matter shall be reported to the DoD Component's criminal investigative organization. 1-207. Be prepared to fall somewhat short of some goals for the sake of ethics and other considerations. 11-300. See 5 C.F.R. 2641 (Reference (p)) in subsection 9-200., below, are hereby determined to be appropriate for, and are made applicable to, enlisted members of the Uniformed Services and “Title 32 National Guard Members” to the same extent that these regulations apply to officers of the Uniformed Services. A DoD employee may accept a sponsor's unsolicited gift of free attendance for himself and an accompanying spouse at an event sponsored by a State or local government or by a civic organization exempt from taxation under 26 U.S.C. OPERATION AND USE OF GENERAL GIFT FUNDS OF THE DEPARTMENT OF DEFENSE AND COAST GUARD 3001 Introduction 3002 Gifts under 10 U.S.C. Ensure that the prospect of employment does not affect the performance or non-performance of their official duties; b. Accept gifts from the same or different sources so frequently that a reasonable person would think you're using your office for private gain, Substantially affected by the performance of your official duties, Modest items of food and refreshments (like coffee and donuts) when not served as a meal, Greeting cards and items with little intrinsic value, such as plaques, certificates, and trophies, intended only for presentation, Commercial discounts available to the public or to all Government civilian or military personnel, Anything the Government acquires by contract or otherwise legally accepts, not more than $50 in total from one source in a year, Gifts motivated by personal relationships, Certain discounts and similar benefits offered, to groups unrelated to Government employment (such as AARP), to groups in which membership is related to Government employment, if the same benefits are available to other, similar organizations. (3) of this Regulation, above. 2635.801(d) and 902 in subsection 2-100 of this Regulation. Personnel who assign Reserves for training shall not assign them to duties in which they will obtain information that they or their private employers may use to gain unfair advantage over competitors. See 5 C.F.R, 2634.704. Applicability to Enlistees and National Guard Members. DoD employees are generally prohibited from engaging in any official activities in which a non-Federal entity is a party or has a financial interest if the DoD employee is an active participant in the non-Federal entity or has been an officer in the non-Federal entity within the last year. Benefits offered to a DoD employee from a non-Federal source incident to official travel that cannot be used for official purposes must be treated as gifts to the DoD employee. DoD Supplemental Standards of Ethical Conduct for Employees. 2552); Boy Scouts Jamborees (10 U.S.C. 4-301. Annual Ethics Training Plans. The travel-approving authority shall: a. 10927 & 12353 (Reference (t)), DoD Instruction 5035.01 (Reference (n))); e.  DoD Instruction1400.25, Volume 251 (Reference (u)). Head of each DoD Component command or organization ......................................9, 1-405. (4) of this Regulation, above. Any individual, firm, corporation, partnership, association, or other legal non-Federal entity that enters into a contract directly with DoD or a DoD Component to furnish services, supplies, or both, including construction. 208(b) (Reference (c)), application of 18 U.S.C. See 5 C.F.R. 501 (Reference (b)) and 5 C.F.R. 9-300. (1) When the Ethics Counselor amends or revises a report based on additional information obtained from the reporting individual, he shall initial the amendment or revision and make a note of the source of the information in the comment section of the report. The reporting individual shall submit the required information directly to the Ethics Counselor. (3) The gift of free attendance meets the definition in 5 C.F.R. This authority may also be used to accept travel benefits offered after travel has begun or has been completed. 9-500. This is a bribe! 735.201 (Reference (m)). (1) This provision prohibits employment of all retired military members, both officer and enlisted and both Regular and Reserve, by a foreign government unless Congressional consent is first granted. (h) Part 2635 of title 5, Code of Federal Regulations, Part 2635, (i) Sections 201, 208 and 209 of title 18, United States Code, (j) DoD Instruction 5410.20, "Public Affairs Relations With Business and Nongovernmental Organizations Representing Business," January 16, 1974. v. National Treasury Employees Union et al., 513 U.S. 45 1995), (dd) Section 8127 of Public Law 109-148, "Department of Defense Appropriations Act, 2006," December 30, 2005. Acceptance of Contributions, Awards and Other Payments (5 U.S.C. Qualified Individual ................................................................................................5, 1-224. Courtesy and kindness, both to those we serve and to those we work with, help to ensure that individuals are not treated solely as a means to an end. (7) No admission fee (beyond what will cover the reasonable costs of sponsoring the event) is charged for the event, no admission fee (beyond what will cover the reasonable costs of sponsoring the event) is charged for the portion of the event supported by DoD, or DoD support to the event is incidental to the entire event in accordance with public affairs guidance. Official travel by DoD employees shall be funded by the Federal Government except that DoD Components may accept official travel benefits, including in kind subsistence and accommodations and payments or reimbursements of expenses, from non-Federal sources as provided in this Chapter of this Regulation. 2634.901(d). After the initial review, the Ethics Counselor shall obtain additional information, as necessary, seek remedial action, or sign and date the report. (b) If there are financial interests in non-Federal entities doing or seeking business with DoD reported on the SFOGE Form 278, the Ethics Counselor may issue a memorandum of caution to the reporting individual and forward a copy of the memorandum with the SFOGE Form 278 to the appropriate DoD Component DAEO or designee. 3-301. The ban may still be enforceable against Federal employees in grades GS-16 or above and those paid under other schedules. Accept a gift in return for being influenced in the performance of an official act. Gifts From a Group That Includes a Subordinate. Information on Covered Positions ...........................................................................73, 7-202. 208", Applicability to Enlistees and National Guard Members, Commercial Dealings Involving DoD Employees, OFFICE OF PERSONNEL MANAGEMENT REGULATION, 5 C.F.R. Designation of Certifying Official. Although it is conceivable that an ethical decision could violate a law or regulation, such circumstances are rare. 2636 (Reference (a)) in subsection 3-100 of this Regulation, above. A reporting individual shall request required information known only to another person to be submitted by that person to appropriate reviewing authorities. DoD acquisitions personnel cannot accept the gift of free golf greens fees unless an exception to the gift rule applies, because Computer.Com, by seeking to do business with DoD, is a prohibited source. REPORTING PROCEDURES ....................................................................... 105 10-200. Standards for Accomplishing Disqualification. Employees of DoD Components not designated as separate Agencies, including employees of OSD, will be treated as employees of DoD which shall be treated as a single Agency that is separate from the above listed agencies for purposes of determining whether the donor of a gift is a prohibited source under 5 C.F.R. ..................97, SECTION 4. (5) The degree to which the DoD employee has control over official actions which may affect the non-Federal entity; (6) The size of the non-Federal entity and the degree to which official actions may affect the non-Federal entity; (7) The value of the financial interest in relation to the DoD employee's net worth and income from other sources; (8) The degree to which the DoD employee has control over the financial interest, and whether it is capable of being divested. DoD employees must be committed to justice in the performance of their official duties. A DoD Component command or organization may co-sponsor a conference, seminar or similar event with a non-Federal entity when all of the following requirements are met: (1) The head of the DoD Component command or organization finds that the subject matter of the event (or co-sponsored discrete portion) is scientific, technical or professional issues that are relevant to the mission of the DoD Component command or organization; (2) The head of the DoD Component command or organization finds that the purpose of co-sponsorship is to transfer Federally developed technology or to stimulate wider interest and inquiry into the scientific, technical or professional issues identified above, and that the event is open to interested parties; (3) The non-Federal entity is a recognized scientific, technical, educational, or professional organization approved for this purpose by the DoD Component DAEO, giving due consideration to the prohibition against giving preferential treatment to non-Federal entity in 5 C.F.R. ORF may be used to purchase gifts or mementos for presentation to individuals listed in paragraph 6a (1)-(4). See OGE opinions 86 x 9 and 99 x 25 (informal) (Reference (e)). The JER applies the Executive Branch Standards of Conduct rules to "DOD Employees." Although an exception might permit acceptance of these small breakfasts, Patty's recurring practice of accepting them is improper. a. Action by the U.S. Attorney General. Logistical Support of Non-Federal Entity Events ..................................................35, 3-212. 4-200. Family Members. Others may be found by sharing the lists and information you have pulled together and "brain storming." 5 C.F.R. "Interpretation of 18 U.S.C. (2) Secretaries of Military Departments shall cause a review of all relevant systems of records maintained by their departments, including investigative files, to determine if there is any evidence that the nominee has violated the rules or standards of conduct. 3-405. 208(a) (Reference (c)) exists. 2634.203 (Reference (a)). (1) This regulation pertains to foreign gifts offered to individual DA employees, pursuant to 5 USC 7342. 12353 (Reference (l)), 5 C.F.R., Part 950 (Reference (m)), DoD Instruction 5035.01 (Reference (n)), DoD Instruction 5035.05 (Reference (o)), DoD Directive 5410.18 (Reference (p)), 5 C.F.R. 2371 (Reference (f)). Any DOD civilian officer or employee (including special Government employees) of any DOD Component (including any nonappropriated fund activity). Political activities of Military members are covered. 2601 (Reference (f)), travel benefits may be accepted by such DoD Component Heads or their designees. In accordance with public affairs regulations, official channels may be used to notify DoD employees of events of common interest sponsored by non-Federal entities. 1-406. 1-227. 1-218. See 5 C.F.R. CONFIDENTIAL FINANCIAL DISCLOSURE REPORT, (OGE Form 450) ............................................................................................................82, 7-300. 5 C.F.R. 201 (Reference (c)) is suspected, it shall be handled in the same manner as subsection 10-201.c. employees for a non-cash group gift that does not exceed $300 in value. 2556); National Military Associations; Assistance at National Conventions (10 U.S.C. Ethical values relate to what is right and wrong and thus take precedence over non-ethical values when making ethical decisions. 177); Henry M. Jackson Foundation for the Advancement of Military Medicine (10 U.S.C. c. A DoD employee may continue to participate in a bona fide pension, retirement, insurance, bonus, or other employee welfare or benefit plan maintained by his former employer. Combined annual and termination reports must be filed within 30 days after termination of employment or service but not later than July 15. g. Late Filing Fee. 2634.201(b). Retroactivity. In addition, it is the Administrative Officers' responsibility to ensure that any new positions are evaluated to determine whether such reports are required; or. See e.g., 10 U.S.C. 7-307. Use of Federal Government Resources ...................................................................24, 2-302. 2635.203(c), (Reference (h)). Notwithstanding paragraph 1-300.b., above, enlisted members of the Reserve on inactive duty for training and all members of the National Guard, defined at paragraph 1-211209.e and subsection 1-233228, above, who meet the criteria at subsection 3-401.b., above, and family members of such members, may accept unsolicited gifts from non-Federal entities in accordance with paragraph 3-400, above. Covered DoD Employees. Gen. 306 (Reference (l)). (3) Candor is the forthright offering of unrequested information. Individuals who are required to file financial disclosure statements must report acceptance of these travel benefits on their financial disclosure statements if the fair market value of those benefits reach the reportable amount. The DAEOs of the Military Departments, or designees, shall ensure that new active duty enlisted members of the Armed Services shall receive, within 180 days of entering on active duty, initial ethics training that is substantially equivalent to an IEO. 2635.403 (Reference (d)) in subsection 2-100 of this Regulation, 18 U.S.C. PERSONAL ACCEPTANCE OF GIFTS FROM NON-FEDERAL ENTITIES, (Note that Section 591 of the Ike Skelton National Defense Authorization Act of 2011 codifies a new gift authority, 10 U.S.C. 2634, Subpart B. d. Exclusion. References…… .......................................................................................................63, SECTION 1. 2641, "Post-Employment Conflict of Interest Restrictions" (Reference (b)), [5 C.F.R. The U.S. Attorney General may bring a civil action against an individual who obtains or uses an OGE Form 278, filed under Pub. 2640, "Interpretation, Exemptions and Waiver Guidance Concerning, 18 U.S.C. Office of Government Ethics Regulation. EXECUTIVE ORDER 12674 (Reference (a)), SECTION 2. 1033(b) and 1589(b) (Reference (g)), the following entities are eligible for authorization under section 3-202.a., above: (2) The DoD General Counsel may designate, no more frequently than semiannually, entities that are not operated for profit and are any of the following: (a) An entity that regulates and supports the athletic programs of the service academies (including athletic conferences). Office of Government Ethics ................................................................................5, 4 1-220. a. (4) If the Ethics Counselor agrees with the supervisor's evaluation that no item violates, or appears to violate, applicable laws or regulations, then: (a) The Ethics Counselor shall annotate the report or attach an endorsement stating that no conflicts of interest under applicable laws or regulations exist, and forward it to the appropriate DoD Component DAEO or designee; and. You can carry any unused annual exemption forward to the next year - but only for one year. Disposition a. Additional Exceptions for Gifts from Outside Sources ...........................................19, D2-203. The Judge Advocate General of each Military Department shall: a. This statute prohibits receiving compensation for any representation, including those where there is no intent to be corrupted or to provide preferential treatment. (d) In each year divisible by four, beginning in the year 2000, all incumbent filers must file an OGE Form 450, rather than the OGE OF 450-A. Such a submission may be made with a request for confidentiality which shall be honored by DoD reviewing authorities when appropriate, even if it limits disclosure to the reporting individual. Reserve Military Officer. 3-210. OFFICIAL PARTICIPATION IN NON-FEDERAL ENTITIES. a. 2); b. DoD Component Alternate Designated Agency Ethics Official ..............................9, 1-403. EXECUTIVE ORDER 13940 (Reference (b)). (1) To ensure that there are no omissions, the previous report of each reporting individual, if applicable, shall be compared to the current submission. Prior Approval of Outside Employment and Business Activities .....................39, 3-305. 1-229. For purposes of this section, the following individuals are in "covered positions" and are required by the Ethics in Government Act of 1978, Pub. a. d. Termination Reports. An IEO described in subsection 11-300.f., above, may satisfy the requirement for this exception for the same calendar year in which given. b. This is known as your ‘annual exemption’. 12-300. See subsections 9-600.b. By this time, some feasible solutions will have presented themselves. Report to the DoD Component DAEO or designee on investigations that result in referrals to the Department of Justice (DOJ) and on disciplinary actions that must be reported in response to the OGC annual ethics survey; c. Ensure inspectors and agents are educated in ethics matters to ensure appropriate handling of ethics related cases and calls; 1-413. In other cases, in-depth ethical analysis is called for in addition to application of ethics rules. 2635 (Reference (d)) in subsection 2-100 of this Regulation; e. Annually determine those positions under his responsibility that require the filing of SF OGE Form 450, and annual ethics and procurement integrity training. 7 07-R Change 7, 11/17/2011 of Reference (i) apply to enlisted members of the Uniformed Services and “Title 32 National Guard Members” as follows: (a) Except as approved by the DoD Component DAEO, or designee, a “Title 32 National Guard Member” and an enlisted member of the Uniformed Services, including an enlisted special Government employee, shall not participate personally and substantially as part of his official DoD duties, in any particular matter in which he, his spouse, minor child, partner, entity in which he is serving as officer, director, trustee, partner, or employee, or any entity with which he is negotiating or has an arrangement concerning prospective employment, has a financial interest; (b) A “Title 32 National Guard Member” and an enlisted member of the Uniformed Services, except an enlisted special Government employee, shall not receive any salary or supplementation of his Federal Government salary, from any entity other than the Federal Government or as may be contributed out of the treasury of any State, county, or municipality, for his services to the Federal Government.

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