GIFTS - Department of Defense Standards of Conduct Office

GIFTS

I. REFERENCES

A. Statutes:

1. 5 U.S.C. ? 7342 - Receipt and disposition of foreign gifts and decorations

2. 5 U.S.C. ? 7351 - Gifts to superiors

3. 5 U.S.C. ? 7353 - Gifts to federal employees

4. 5 U.S.C. ? 4111- Acceptance of contributions, awards, and other payments

5. 10 U.S.C. ? 974 ? Military musical units and musicians: performance policies; restriction on performance in competition with local civilian musicians

6. 10 U.S.C. ? 1588 - Authority to accept certain voluntary services

7. 10 U.S.C. ? 2601 - General gift funds

8. 10 USC ? 2601a - Direct acceptance of gifts by members of the armed forces and Department of Defense and Coast Guard employees and their families (Implemented through DoD 7000.14-R, Vol 12, Chapter 34)

9. 10 U.S.C. ? 2608 - Acceptance of contributions for defense programs, projects, and activities; Defense Cooperation Account

10. 10 U.S.C. ? 2613 - Acceptance of frequent traveler miles, credits, and tickets; use to facilitate rest and recuperation travel of deployed members and their families

11. 31 U.S.C. ? 1353 - Acceptance of travel and travel related expenses from non-Federal sources Gifts Ethics Counselor's Deskbook May 2018

B. Regulations:

1. Government-wide

a. 5 C.F.R. Part 2635, Standards of Ethical Conduct for Employees of the Executive Branch, &rgn=div5

b. 41 C.F.R. Chapter 304, Payment of Travel Expenses from a NonFederal Source, le41/41chapter304.tpl

2. DoD-wide

a. 5 C.F.R. Part 3601, Supplemental Standards of Ethical Conduct for Employees of the Department of Defense, le05/5chapterXXVI.tpl

b. DoDD 5500.07, Standards of Conduct, Nov. 29, 2007

c. DoD 5500.07-R, Joint Ethics Regulation (JER), thru Ch. 7, Nov. 17, 2011

d. DoDD 1005.13, Gifts and Decorations from Foreign Governments, Feb. 19, 2002, w/ Ch. 1, Dec. 6, 2002,

Gifts Ethics Counselor's Deskbook

May 2018 2

e. DoD Financial Management Regulation 7000.14-R, Vol. 12, Chapter 3, Contributions for Defense Programs, Projects and Activities (implementing 10 U.S.C. ? 2608); Chapter 30, Operation and Use of General Gift Funds (implementing 10 U.S.C. ? 2601); Chapter 34, Direct Acceptance of Gifts by Members of the Armed Forces, DoD Employees, and Their Families and Survivors (implementing 10 U.S.C. ? 2601a)

f. SECDEF Memo, Waiver of Application of the Standards of Conduct Prohibition on Acceptance of Gifts from Outside Sources for Enlisted Personnel, E-6 and Below, for the Limited Purpose of Gift Acceptance from Charitable and Veterans Service Tax-Exempt Organizations, May 16, 2013 aiver_for_enlisted_members.pdf

g. DoD SOCO Holiday Guidance for Federal Personnel, 2017 y_guidance.pdf

h. DoD General Counsel Memo, Analyzing Invitations to DoD Officials to Participate in Fundraising and to Accept Gifts Related to Events, Aug. 18, 1997 ions.htm

i. SOCO White Paper: Application of Emoluments Clause to DoD Civilian Employees and Military Personnel, August 2017 use_applications.pdf

j. SOCO Emoluments Clause Summary ments_clause_restrictions.pdf

k. Office of the Under Secretary of Defense (Comptroller) memorandum "Gifts to Benefit Military Musical Units," Mar. 9, 2015 /VOL_12_CH_30_2015-03-09_Gifts-Mil_Bands.pdf Gifts Ethics Counselor's Deskbook May 2018 3

3. Army

a. AR 1-100, The Army Gift Program, Jul. 27, 2015

b. AR 215-1, Military Morale, Welfare and Recreation Programs and Nonappropriated Fund Instrumentalities (para. 13-14), Sep. 24, 2010

SECARMY Memorandum, Policy for Travel by Department of the Army Officials, January 18, 2017 (Army Directive 2017-05),

4. Navy

a. Secretary of the Navy Instruction (SECNAVINST) 4001.2J, Acceptance of Gifts, Aug. 12, 2009, l%20Support%20and%20Services/0400%20General%20Logistical%20Support/4001.2J.pdf

b. OPNAVINST 4001.1F, Acceptance of Gifts, Jul. 2, 2010 l%20Support%20and%20Services/0400%20General%20Logistical%20Support/4001.1F.pdf

c. SECNAVINST 1650.1H, Navy and Marine Corps Awards Manual, Chapter 9 (Foreign Gifts to U.S. Personnel), Aug. 22, 2006 %20Personnel%20Support/01600%20Performance%20and%20Discipline%20Programs/1650.1H. PDF

Gifts Ethics Counselor's Deskbook

May 2018 4

d. ALNAV 077/14, "Ethics and Contracting Excellence," Nov. 6, 2014 (Requirement for written approval before accepting gift of meals, refreshments, and entertainment in foreign areas under 5 C.F.R. ? 2635.204(i)), 7.txt

e. Marine Corps Order P5800.16A, w/Ch. 1-7, Marine Corps Manual for Legal Administration (Chapter 12, Gifts), Feb. 10, 2014 A%20W%20CH%201-7.pdf

5. Air Force

a. AFI 24-101, Passenger Movement, Oct. 19, 2012,

b. AFI 51-601, Gifts to the Department of the Air Force, Nov. 26, 2003,

c. AFI 51-901, Gifts from Foreign Governments, Dec. 19, 2016,

II. GENERAL ETHICAL PRINCIPLES APPLICABLE TO GIFTS

A. Public service is a public trust - 5 C.F.R. ? 2635.101(b)(1).

B. Employees shall not solicit or accept a gift or other item of monetary value from any person or entity seeking official action from, doing business with, or conducting activities regulated by the employee's agency, or whose interests may be substantially affected by the performance or nonperformance of the employee's duties ? 5 C.F.R. ? 2635.101(b)(4).

Gifts Ethics Counselor's Deskbook

May 2018 5

 ................
................

In order to avoid copyright disputes, this page is only a partial summary.

Google Online Preview   Download