LETTER TO MR. PHILLIP S. HUGHES FROM (Sanitized)

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP62-00631R000300040007-9
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 64
• Document Creation Date: December 12, 2016
• Document Release Date: February 6, 2002
• Sequence Number: 7
• Publication Date: March 9, 1959
• Content Type: LETTER

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STATI NTL
STAT(NTL
STATINTL
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As you wisp be VINS1191
ipeledtn tbo delibotolidotss lb*
asp abieb drolly op the drab bill. *to
ties* ea tho proposed legislattea. I.. its prore
laver its Leireductlea sod psoosige.
"to
I is. tWt.
to ;Lite
CO
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i?rrimwkactor of Personnel
STATI NTL
n Aftak
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Letter to Mr. Phillip S. Hughes. Assistant Director for Legislative
Reference. Bureau of the Budget
Distribution:
0 k I - Addressee
1 - Director of Personnel
1 - Director of Security
I - Comptroller
G4111.14111 Counsel - subject - Persipanel 4-1
I - 00Ci
1 - LegCounsel w(basic
1 - LegCounsel 'chrome)
OCIC /LC /0E Pibjb/cmj (17 Feb 59)
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MEMORANDUM FOR: TUE IMILLCTOR
The attached atenoorandlias concludes
that the proposal to the Cabinet for legislation
ill foreign gifts and deco:idioms is satisfactory
to the Aseacy is its present foram sad recoils-
nonads that the Cabiaet Secretary be so
informed.
Itecounband approval.
CONCUR
SI lawrcn3 R. ristuston
LAWILILICS R. HOUSTON
General Counsel
K. WHITE 2$ January 1959
LIQA,Tp
Deputy =recla im nuult
(luipport) r bit p! I
FORM NO.10 REPLACES FORM 10-101
1 AUG 54 WHICH MAY BE USED.
(47)
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38 January 1951
MEMORANDUM YO: Dir.clor of Central Intelligence
SUBJECT: Proposed L.egislatitaa on Tortilla Gift. a
Decorations
1. This in sedum contaias a rocommeadatien lei pari.
for approval of the eater of Central latelligoace.
a
I. The alice of General Counsel has participated in all of the,
deliberations of the laterdepartmeatal Study Group set up to center
the prohltsra raised by the Constitution oa acceptaace of gifts and
decorations from foreiga several:nests. The seluties recomineatisti
to the Cabinet is the proposed legislatlea in Asses A of the attaehe=i
Cabinet Paper.
3. Very simply. MI* would sive is advance the congressionai
approval required for acceptance of sock gilts by Goverameat emplor.-.411,
For sifts of a* substantial intrinsic or resale value the dotorminattivs-
too retais the sat? soald be made by as employee's **Feriae officr wit.1
report thereof required to the head at lb. saucy. Pulsation of
decoratiess tendered for combat services or persosal heroism cm..
be approved by the head of the aseacy. Other sifts axed decoratieha
mast so thralls& a reporting awl approval procedure haterc the pits
may be reterned to the employee.
4. Oar maim contribeties to the draft legislation was to add
La certain, places where the Siacr *tar y at Slate was sassed the words
an official desissated by him. t It was understood that a proper
official of Ibis Agency could be such a desigaated official.
S. Section T retourias reports to the Congress ia cases
which it has bees determined that the sifts should be returned to the
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STATI NTL
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iedivideal may cause some difficulty. Where security problems onto
either the deternalcatiou to rotors the gift cal' be delayed or special
arrangements for a classified report to the Coagrese may be made.
The stisdy group felt that such a report. requirement was essential
I. the legislation.
6. The proposed legislation has boss coordinated with the
offiSs of Perlicasial, whisk is lissaisi she AlPluses waiting gat
program tinker CIA 1Vla& ithae also bees eaplaised STATINTL
to *bio fount it aceeptable from the 1)4pwity
Director Maul poiat of view. I recommend informing 4r. Gray
that this Agency supports the proposed legislation is its preseat
term.
AU-Cabinet Paper. 25 Jo. S9
reesenniendatimi is paragraph 6
pproved
s/ C. P. GABEL!,
AL-LEN- -W.,- E.S.
Deputy Director
OGC:LRH:jeb
Orig & lec-General Counsel w/ att
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wio att
1-DDIS wio att
I-Director of Personnel w/o att
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si tavirm.3 R. hsten
LAWFLPICE HotiSTOrg
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1/29/59 si
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STATI NTL
STATI NTL
Note orig and att filed in FP
General Counsel- sulli eet- Per onr1 1
-rthrorro -rto rire
t:
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e
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4f ,e Av
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OFFICIAL USE ONLY "Le..--71-46'coL
January 21, 1959.
MINUTES
The Eighth (and final) Meeting of the Interdepartmental Study
Group on Gifts was held on Tuesday, January 20, 1959, at 10:30 a. m.
in Room 5106, New State Building, Washington, D. C.
The following were in attendance:
Ralph S. Roberts
Arthur B. Focke
John M. Swayze
Robert T. Andrews
Edna Boorady
Harry A. Sellery
Arnold Zempel
Leon A. Dale
Hugo A. Banta
Scott Heuer, Jr.
John M. Carroll
Richard B. Bilder
Loftus Becker, Chairman
Herbert Reis, Reporter
Agriculture
Bureau of the Budget
CIA
Commerce
Defense
ICA
Justice
Labor
Labor
Treasury
USIA
White House
State
State
State
Five topics were discussed in some detail and agreement reached
thereupon:
(1) The Group agreed to amend Section 2(a) of the Gifts and the
Gifts and Decorations bills to read as follows:
"'Person' means any person who is appointed to a
position in the Executive branch of the Government
or is a member of the armed forces of the United
States, its Territories and possessions, the Canal
Zone Government, and the District of Columbia,
including any department, agency, or establishment
thereof."
(2) The Group agreed to include in its recommendation to the
Cabinet that, following the enactment of legislation similar to the
Gifts and Decorations bill, the Executive branch promulgate appropriate
implementing regulations to the extent permitted by law. A further
note of the desirability of deferring the drafting of such regulations
would be made in the Report with respect to applicability of pro-
visions of the bill to family members of persons covered by Section 2(a).
Jx
(3)
.)"
OFFICIAL USE ONLY
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(3) The Group agreed to provide the Gifts and Decorations Board
with maximum flexibility by retention in the Report of the Statement
that the Board may in its discretion defer a given determination as to
any gift or decoration and order the item held in custody.
(4) The Group agreed to the expansion of Conclusion 1(a) (ii) of
the Report by stating in it that literal adherence to the requirement
that all gifts without regard to nature or value be deposited would be
difficult and burdensome to administer effectively.
(5) The Group agreed that the Report would be signed by Mr. Becker
as Chairman.
A number of additional suggestions were made at the meeting. It
was agreed that these would be taken into consideration in preparing the
final Report
AGREED:
That Mr. Becker transmit clean copies of the Report, with Annexes,
to the Secretary of the Cabinet.
kg :1/22/59
OFFICIAL USE ONLY
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5, it IS
to reed Nor such
that It seu34 bebeeoillelei to 4. lir
te sore Van ens effistie1, perbRpe
OGC:a111,:bb
Distribution
NED
X
Original & 1. Addressee
1 I STATINTL
3. Office of Perm:sal attn. /copy of draft gifts bill
1 Director of Liesurity w/copy of draft gifts bill
1?- Legieletive Counsel
- *Abject
- Signer
- Chrome
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Olftk
OCCI
STATI NTL
Distribution
"
Original & 3. - Addressee
1 -
Director of Personnel
- Director of odocurit7
Legisintive Counsel
6ubjeet .0-"cc.e
ignor
Chrono
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ADDRESS OFFICIAL COMMUNICATIONS TO
THE SECRETARY OF sTAp proved For Release 2002/05/06 : CIA-RDP62-00631R000300040007-9
WAEANOTON 25, D. C.
In reply refer to:
STATI NTL
STATI NTL
Dear
DEPARTMENT OF STATE
WASHINGTON
Xtiongt 29
During the absence of Mr. Becker and in accordance
with an agreement reached at the second meeting of the
Interdepartmental Committee on Gifts on August 5, 1958,
I am sending to you a copy of a second draft "Foreign
Gifts Act of 1959".
The enclosed revision has been prepared in the light
of comments received from members of the Committee. While
it has not been possible in every case to adopt the sug-
gestions made, I believe the attached revision represents
a workable compromise.
I should appreciate receiving any comment you may
wish to make,
Sincerely yours,
Enclosure:
"Foreign Gifts Act
of 1959".
John M. Raymond
Acting Legal Adviser
Acting General Counsel,
Central Intelligence Agency,
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ADDR5SS OFFICIAL CONINILINIC
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THE SECRETARY OF 8TA1
WASHINGTON 25, D. C.
In reply refer to:
STATI NTL
STATI NTL
Dear
DEPARTMENT OF STATE
WASH I NGTON
Auguot 2 9. liASil!
During the absence of Mr. Becker and in accordance
with an agreement reached at the second meeting of the
Interdepartmental Committee on Gifts on August 5, 1958,
I am sending to you a copy of a second draft "Foreign
Gifts Act of 1959".
The enclosed revision has been prepared in the light
of comments received from members of the Committee. While
it has not been possible in every case to adopt the sug-
gestions made, I believe the attached revision represents
a workable compromise.
I should appreciate receiving any comment you may
wish to make.
Sincerely yours,
John M. Raymond
Acting Legal Adviser
Enclosure:
"Foreign Gifts Act
of 1959".
Acting General Counsel,
Central Intelligence Agency.
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At the meeting of the
% 1958, which was attended
ropmeeted that comment tamed* es
at proposed Les' preeamted by the
a:Most that, pert -of the wording of lec. 6.
seeds . . by the effirmative vote at. majority or
either douse . . ." tAdditiemel wordimt under-
from the foregoing me ouggeot me ehmmgme in the
those i* 1- agreed wpm at the meellih6 or 3 Alictm
t to ;Actions 1 through 5.
L.
OGG tOEP tbb
Distribution
- Director of Personnel
Director of 6seurity
LagIslative Counsel
dUbjeet
signer
Mimeo
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1
1
STATINTL
STATI NTL
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6 August 1958
MEMORANDUM FOR THE RECORD
SUBJECT: Gifts to Government Employees
1. I attended the meeting of the interdepartmental Committee
on Gifts at the Department of State on 5 August 1958. State presented
a substitute draft with explanatory memorandum, as an alternative to
the Justice draft. Report of minutes of the meeting will be forwarded
by State, who requested comments following which they will draw a
new draft and call another meeting.
2. The attached memorandum has been prepared for signature.
3. Mt. Becker advised that the McClellan committee has s t
deadline of 1 October 1958.
Ass
OGC:OEP:bb
Subject
Signer
Chrono
ne ounse
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STATI NTL
STAT I NTL
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MEMORANDUM TO:
5 August 1958
SUBJECT: Interdepartmental Committee on Gifts (From Foreign
Governments)
1. This committee has been established to consider further the
definition of Executive Branch policy of acceptance of gifts from
foreign governments and to indicate the views of the Executive Branch
with regard to appropriate legislation in this field.
2. Article 1, Section 9, Clause 8, of the Federal Constitution
reads as follows: "No Title of Nobility shall be granted by the United
States: And no Person holding any Office of Profit or Trust under
them, shall, without the Consent of Congress, accept of any present,
Emolument, Office, or Title, of any kind whatever, from any King,
Prince, or Foreign State." Section 115 of Title 5 of the U. S. Code
reads: "Any present, decoration, or other thing which shall be conferred
or presented by any foreign government to any officer of the United
States, civil, naval, or military, shall be tendered through the
Department of State, and not to the individual in person, but such
present, decoration, or other thing Shall not be delivered by the
Department of State unless so authorized by act of Congress."I1This
latter provision dated back to 1881, and in 1902 acting Attorney
General Hoyt rendered an opinion (24 Op. A. G. 116) strictly construing
it as precluding the acceptance of a Photograph of the Prince of
Prussia. The justice Department considers the 1902 ruling as still in
effect (and so testified before the McClelland subcommittee when it
looked into the Purse case). But States in its Circular 277 of November 13,
1957, applied the rule de minimis to inconsequential gifts, allowing
retention of them by the donee. Thus the committee will largely coANATINTL
itself with the merits of the de minimis rule.
3. Our regulation on Foreign Awards and Decorations, R
excludes from coverage gifts of insignificant intrinsic value, including
token amounts of consumables or perishables.
4. We have primarily to consider our position on two aspects of
the committee's activities: The general work toward recommending
uniform executive policy and congressional action; and particular prob-
lems of the Agency with respect to gifts (Each member of the committee
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has been asked to comment on this.). I recommend the following:
a. As to committee work in general, we are very interested
and desire to make a real contribution. I personally favor the de ILLEGIB
minimis rule as being philosophically realistic and tending to prevent
burdensome administrative preoccupation with trivia. We should, of
course, watch the development of proposed legislation considered by
the committee for anything that might prove inconvenient to
ATI NTL
b. As to our particular problems, I drat_lhink we should
volunteer anything except perhaps the proposed R
on Conflicts
of Interest. Commerce has already supplied a copy of its comparable
regulation. Agriculture, as well as State, has provided the committee
with its regulation on the acceptance of gifts. You will note that
proposed RI 'makes reference to R which we could not make
available to the committee without substantial deletion of sensitive
material. Probably we should simply take the quiet, pleasant view
that our extraordinary problems are pretty much taken care of by
extraordinary legislation. STATINTL
5. Attached is the following background material concerning the
affairs of the committee:
a. Memo to Committee members announcing today's meeting.
b. List of members and participants.
c. Transmittal memorandum of material sent to Mr. Houston
by Mr. Becker's office.
d. Minutes of the only previous meeting,,which include, 4
brief sketch of the background of the committee formation.
e. Draft bill prepared by Justice, together with a letter of
transmittal to Congress, a memorandum explaining the billoand a memoran-
dum outlining the existing statutory provisions and past interpretation.
f. State Department circular 277.
g. Department of Commerce regulation, Conflicts of Interest.
h. Department of Agriculture regulation, Acceptance of Gifts.
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STATI NTL
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I . Proposed CIA regulation
together with related RI
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SUbject
Signer
Chrono
Conflicts of InterestSTATINTL.
STATINTL
rrlce or GeneralCounsel
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July 21, 1958
TO The Honorable
Lawrence Houston
General Counsel
CIA
FROM : Mr. Richard Bilder
Office of the Legal Adviser
Department of State
SUBJECT : Interdepartmental Gifts Committee Material
Mr. Becker has directed me to send to you the
attached material prepared by the Office of the Legal
Adviser in connection with the work of the Interdepartmental
Gifts Committee. This material consists of:
1. Minutes of the First Meeting, June 30, 1958;
?
Department of State Circular 277, November
13, 1957;
3. Letter from Marshall M. Smith, Commerce
Department, July 3, 1958;
4. Letter from Ralph S. Roberts, Department of
Agriculture, July 9, 1958.
I have requested Mr. Sellery of the Department of
Justice (Code 197 - ext. 294) to send you certain material
on this subject being prepared by the Department of
Justice.
L:RBilder:imf
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ASSISTANT ATTORNEY GENERAL
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Prprillttiliuf311tOtite
Paldrineon
ttalcole I. Minty
A* cant Attorney Gewroi
c* of Legal Counsel
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'11; aRAFT BILL
Honorable
he Vice f}resicint.
Jrlitcd
"ashington,
Dear Mk. Vic Pridont
TherJ.7, is -iactd. far ,,-..anale,..iration and
a propad. -Ta aFnnd 3iaction
lanuary 31, 881, 21 t'..t3.t. 5 4.7. $ 115, r-Ai%tin.:
th tnder of gifts and award by farAr
afficerl? of the 0Aeral
is il4. :Tk"! an t"iltrictli talrvy
froal govrnment tc officrs ot thi9.
It 6hows that under af -
ttion and the..ii.s11.17.i 7.r7.fnt,,-,, statutory Ailjtr
rs has hiataria)1 ben ttsr.?_ that th.:1.
al any such jft L initAi Lv. !latter far r--,1.1.attm. t
0,ranch.
That r,:ukluv also ta f)ninF" f 4.4tara
cirai'-yt in $,?hich it in -1A11. .h tn th,?
ttianal prohibition. that "It n7Ipt.b brE,2.r.' that
rmcmbranc of ,:tartflay, ;ilich from motives tlf ck
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recognizes our policy, Li the photo3raphe in thi3 Cf14,
falls under the inclusion of any present * * * -y -And
whatever.' 24 Op. Atty. Gen. 117 (1902). The sul7vey alsa
refers to the recommended standards or criteria which lecTe
submitted by Senator Uihu Root a former lp'ecretar) oi 'ar
and ,7;ecretary of ;7,tatc:, on behalf of the Senate Committee
on Foreign Relations for consAonal eonsideratior of
requests for he acceptanc J1 medals 6iits, and awards
tendered to officers of the Jnited =,tats. Amon thos
recommendations it one that 'it may well be that as to
certain triflinT? sifts k* the the rule of de minimis lex
curet should oe deemed to aopy. :::. Rep. No. 37o, CIst
2d Sess. (1910).
Congress has the poTier to provide tor the application
of such a rule to 'a simpie r:_micmbrance of courtewy. Tha,u
is attached a proposzd bill which would do so with resnect to
such gifts or presents and an e),pianatory memorandum forca,t
proposed bill.
Inder the procedur-: which ro d be provided b thQ:
there would be two such -.atgories of gifts, those without
resale val'ie, and thosJ which may properly be classified
-2
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'
vold 4vV. iLE c0ns,ent to the tvptant...
thls without resal vslao, IT::,an the m&tir... at t.ertain fin&he
, the .4,e4..retary of
The aeer,2tar> of Ast woald periodically trolAwt to
COnigress tht, tenovx oiiit :hih he cIassifitd d4, irij.
If, within 60 calfndar dey, a reoloti n is rtpas?d" a;
either House, statin in stAtstance that that Ho%atut &Itt not
favor the acccptan:te afrl mare of suji li.rts Ai che
case
y be, listed in Congrss wP4ald h
to have consentd to th-Ar ctec,2ptanc,e. Thus'qud
still retain the -,awer tr) .41.thhold itt Isuna the
ance 01 a triflin6 4ift which 44/ have sacle sIi?;ht
valo in any instane in -dlich mi3ht ,:hoos,:. to do
rh procedur for ,its La t-.-oarted wouId be stoilar t.
that under the Reorantzul:lon Act: of '
r- 131z-4. Thk, tw:purt pra?..edur,.:s al the bill tt-
not be appli OIL La -t -?ifts at intrinsic va: ac
at ard-..,rs, medals, and aratlanit.
LicrJ,;ours,
C1,1:)SUreca
* There vould De a sit ar 1.47.ter to the. Jper of An,
of Reprci?entativaa.
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section 3 o
DRAFT
A BM
the Act of January
a
tagoARW*0
. That
itled "An Act authorising the persns
therein named to accept of certain decorations and prasent6
therein named, from foreign governments and for other puroscb
approved an January 31, 1381, is hereby amended to read as
follow*: 'Sc. 3.(a) Any decoration, order, medal, present
or other thing which shall be conferred or presented by any
foreign government to any officer of the United States, civil
naval, or military, shall be deposited with the Department of
State by the individual recipient, and such decoration, ordar,
dal present or other thing shell not be delivered by the
t of State unless so authorised by act of Congress;
That the individual recipient is authorized to accept
from a foreign government and need not deposit with the Depart-
ment of State any present or other thing which is inherently
perishable or which is consumable and is incidentally tendered
as an amenity of an official or social function.
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(b)
vi
recipient is authorized to
and the Department of tate is authorised to de
liver to him any present or other thing including but
not 4 to such an item as a photograph, which has
depositedbean as provided in s4bsection (a) hereof and
with respect to which the ascretary of State 111041 finding
that it has no apparent value for a sale thereof in the
United States by the individisal recipient and that there Ls
no objection to its acceptance from the point of view of
the foreign policy of the United States: Provided, That
the provisions of this subsectien (b) shall not be appli-
cable to any decoration, order, or medal.
(c
The Secretary of State is directed to transmit
to each regular session of Congress a report, listing the
of the intended recipient for whom there is on deposit
with the Department of State any present or other thing.
exc uding any decoration, order, or medal which may be
so deposited, and excluding any present or other thing which
has been delivered to such recipient under the provisions or
subsection (b) hereof, the name of the donor governments the
specific reason for which it was tendered, and the name or title
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or other identific*tion or description of any such present
or other thing 4th respect to which the Secs*
makes findings that the le of de minimis lex non curet
should apply to its acceptance and that there is no object 411
to its ;acceptance from the point of view of the foreign po icy
of the United States.
(d) Congress Shall be deemed to have etitherised the
recipient officer to accept and the Department of State tu
deliver to him any such present or other thing respect
which such findings have been made in such report up*
expiration of the first period of sixty calendar days of
continuous session of Congress following the date upon which
such report is transmitted to it; but only if, between the
date of transmittal and the expiretion of such sixty-day
period there has not been passed by either of the two Houses,
by the affirmative vote of a majority of the authorized
membership of that House, a resolution stating in substance
that that House does not favor the acceptance of one or
more or any, as the case may be, of such presents
0
things respecting which such findings have been made in such
report
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) If such resolution is pass
Ys
ci
y 01.
discretion, omit freak any I*tsr report utich
he may make pursuant to subsection (b) hereof the information
ther.ia specified with respect to any such present or oththther
which say be included in the subject matter of an Luoil
resolution.
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IOLA" Y MEMORANDUM FOR PROPOSED BILL TO AMEND S
3
OF TIE ACT OF JANUARY 3, 1881, 21 STAT. 604, 5 U.S.C. S 113.
The proposed bill would provide a procedure for acceptance
of gifts without resale value and periodic reports to Congresk
by the Secretary of State of the tender by a foreign govern-
ment to an officer of the United States of gifts to which the
rule of de mimimis lex non curet may apply, and for ascertain
Lag whether Congress consents to their acceptance. The appli-
cation of this rule would exclude from such reports presents
having more than a trifling intrinsic value.
Section 1 of the bill mould reenact i 3 of he Act of
January 3 1881, 21 Stat. 604 5 U.S.C. S 113,in aubstsntiaUy
its present form as subsection (a) of 1 3 of that Act. As
amended by the bill there would be added to the word "deco-
ration the words order and "medal" to make the terminology
employed in subsection (a) conform to that in the Act of
June 27. 1934, providing for the periodic submission by the
Secretary of State of a list of those retired officers for
when the Department of State, under the provisions of the
1881 Act, ism. is holding decorations, =orders, medals, or
presents tendered them by foreign governments. 48 stat. 1267
5 U.S.C. i 115a.
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l would also add to i 3 of the 111111 Act, Auer*
as so amended, four additionel subsections, (b), (c), (d),
and (e)
Subsection (b)
d Authorise an individual recipient
to accept and the Department of State te deliver any present
or other thing with respect to which the Secretary makes
certain findings The finding that it is an item without
resale value would make it unnecessary for any further action
to be taken for its acceptance.
Subsection (c) would direct the Secretary of State to
transmit to each regular session of Congress a report on
Wain relevant data respecting the tender of any present or
other thing with respect to which he makes certain findings.
The finding that the rule of de minimis lex non curet should
app y to its acceptance would provide uniform administrativQ
determinations as to the classes of articles which are deemed
to be of trifling intrinsic value.
The finding that there is no abjection the acceptance
of y such gift from the point of view of the foreign policy
of the United States would recognise the relationship between
acceptance of such gifts and the condlict of foreign affairs.
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It .zat be assumed that the Secretary will follow the guidance
of the (widest in making this latter finding The proviso4
to subsections (b) and (c) would exclude therefrom a decoration,
order, or medal
Subsection (d) would contain provisions miler to
in j 6 of the Reorganization Act of 1949, 63 stet. 205, 5 .
3x-4. ander subsection (d) by the passage of an appropristw
*solution by either House, Congress would retain the power
decline to consent to the sc-;:eptance of one or more of the
pr seats listed in any such report. If it considers that it
need not exercise that pier, at the and of the period of time
specified Congress will be deemed to have consented to the
acceptance by the recipient officar of any such gift from
donor government and to have authorized the Secretary of S
to deliver it to him
Finally, subsection (a) would give the Secretary of S
administrative discretion to omit from or to include in a
later report any trifling aift which had been previously
sported and as to which Congress has previously indicat d
that it did not consent to its acceptance. There may be
hanging circumstances with res2ect to such matters.
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4.
?
Uwe any rest
71 tb.. coastitortioael mad atatatery
respecting sifts era may applicable to adlitorl aad
civilise officora, to the sreabart of midi Wes tato
saes. to impose aa admiaistratieck beicha ea the secretor)
St state Le .amityjR thee as item of so resale Vaint
oe Silts
There is attached a
dose goestionis.
diacueeite4
boy
Ceeema
Ceurasal
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Re: Draft bill re gift* fro*
IgLalteLikagnemit_.
prohibition respectiog
Acacia 1 9, *louse
dins eny Office of Profit
es. As set forth in the hi terivet
t a clerk of the formal class in
who is appointed by the head
receives a fixed componsatiat!
permanent &ties kw an
actor officer of the Attlee,
his prohibition. 27 0p.
ldlas is principally based
in 44A440 v. ,Martir4,11,
retati ly
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Par referred to La
by their maks
navy; thy eighth ait a tJereare4
C,oacae; and the Ninth as A
ad 5tetee Recanne and *pewee*
ship. The esagevesionet
Act discuss the classes, of
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the comstitu
be? appliemble to eam-cen-
* it mmy be destrahle to bawl
the chief las officer of the
qualities. Is the case of
, there may be a larser
ease of military personae
is en officer or an
4 not, however, itselE
gifts of no resale
may he based ea a failure
ter end a tivilien
a
and civilian loyees are
number of personae to whom
it =my- wall be that the aumemor
icor* recitiviag swat token&
Notify the proposed smboectim-
ale.; ammt, if it wily* alatt.c,
atratiro Write vader th,
drat bill. MWroover,Li
such *a =empties', it
Unction betwees
vitich tikawiss have
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bade if there is an
there may be a
gifts AI
nag it
r e
sant Cir
A
2
coagreasional controversy en
adkvanct conereasional. 401114O1, CO
distinction between 41t without resale value
AW00401.416 Ef so, -_412gross may bo reluctant to uass Jay.
bill on this *object, thus leaving the Erect:time :1-rancb
to reeolve the problem created by the issuance of the 14t.
Department Circular.
00.
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MEMORANDUM
Re: Historical survey re gifts from
foreign monarchs and governments
to Government officers.
Article I, g 9, clause 8, of the Constitution provides as
follows:
"No Title of Nobility shall be granted by
the United States: And no Person holding any
Office of Profit or Trust under them, shall,
without the Consent of Congress, accept of
any present, Emolument, Office, or Title,
of any kind whatever, from any King, Printe,
or Foreign State." 1 U. S. C., p. XLI.
At the constitutional convention Charles Pinckney of South Carolina
on August 23, 1787, urged the necessity of preserving foreign
ministers and other officers of the United States independent of
external influences. Thereupon this provision of the Constitution
was adopted without discussion. 1/
The absence of any such discussion may, perhaps, be
attributable to a generally comparable provision in the Articles
of Confederation which were signed on July 9, 1777. It provided
in pertinent part as follows:
"Article VI. No State without the consent of
the United States in Congress assembled, shall
send any embassy to, or receive any embassy
from, or enter into any conference, agreement,
alliance or treaty with any king, prince or state;
nor shall any person holding any office of profit
or trust under the United States, or any of them,
accept of any present, emolument, office or title
1/ 3 James Madison, Papers 1408 (1840).
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of any kind whatever from any king, prince,or
foreign state; nor shall the United States in
Congress assembled, or any of them, grant
any title of nobility. * *" 1 U. S.C., p. XXX.
2/
The Articles of Confederation were finally ratified on March 1,
1781.
They were thus in effect when Benjamin Franklin returned
home after serving for many years as the American minister
plenipotentiary to France. Upon his departure King Louis XVI
of France sent Franklin a gift. Franklin wrote to John Jay,
Secretary for Foreign Affairs for the Continental Congress:
"I received from the King, at my departure,
the present of his picture set round with diamonds,
usually given to ministers plenipotentiary, who
have signed treaties with that court, and it is at
the disposition of Congress, to whom be pleased
to present my dutiful respects." 3/
2/ This Article was so reported to the Continental Congress
as Article IV of the proposed Articles of Confederation by the
committee of the whole on August 20, 1776. 5 Journals of the
Continental Congress 675 (Government P r inting Office, 1 9 0 6) .
It represents a slight revision of the proposed Articles of
Confederation which were submitted on July 12, 1776, by a
special drafting committee under the chairmanship of John
Dickinson. Ibid. 547.
3/ 10 Benjamin Franklin, Works 223 (1840). "(But the
gifts of kings are seldom quite free gifts. Franklin, as was
expected of him, gave the official in charge of the present a
gold snuffbox worth a tenth as much as the miniature, and
fifty louis d'or to his assistant. )" Van Doren, Benjamin
Franklin 722 (1938). By his will Franklin bequeathed the
gift to him to his daughter. Ibid. 761. For an account of
the circumstances preceding the consent of the Continental
Congress in 1780 to the acceptance of a similar medallion
by Arthur Lee of ViTOinia, see 1 Brant, James Madison 62-
64 (1948).
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At the Virginia debates on the ratification of the Constitution
on June 15, 1788, Governor Randolph said with respect to this con-
stitutional prohibition:
'This restriction is provided to prevent
corruption. All men have a natural inherent
right of receiving emoluments from any, one,
unless they are restrained by regulations of
the community. An accident (sic) which
actually happened operated in producing the
restriction. A box was presented to our
ambassador by the king of our allies. It was
thought proper in order to exclude corruption
and foreign influence, to prohibit any one in
office from receiving or holding any emoluments
from foreign states. I believe that if, at that
moment, we had supposed that he was corrupting
our ambassador, it might have disturbed that
confidence, and diminished that mutual friend-
ship, which contributed to carry us through the
war." 4/
Apparently he was referring to the farewell gift of Louis XVI to
Franklin. A Virginia historian later wrote:
"Dr. Franklin is the person alluded to by
Randolph. In the winter of 1856, in Philadelphia,
under the roof of a venerable granddaughter of
Dr. Franklin I saw the beautiful portrait of Louis
XVI, snuff-box size, presented by that king to
the doctor. As the portrait is exactly such as
is contained in the snuff-box presented by, Crowned
heads, one of which I have seen, it is probable
this portrait of Louis was originally attached to
the box in question, which had with the lapse of
years been lost or given away by Dr. Franklin."
5/
4/ 3 Elliott, State Debates on the Adoption of the Constitution
465-466 (1854). An examination of the index to The Federalist does
not indicate that there was a discussion in The Federalist of the
constitutional prohibition respecting gifts from foreign governments.
5/ From H. B. Grigsby, History of the Virginia Federal Convention
-c7f 1788, contained in 9 Virginia Historical Society Collections (New
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This statement may explain whatever uncertainty there may
be as to whether the gift to Franklin was a medallion or a portrait
affixed to the top of a snuff box. In view, however, of the restric-
tion in the Articles of Confederation on the acceptance by officers
of the American Revolutionary Government of gifts from foreign
governments, there would seem to be some question as to whether
the generally comparable restriction in the Constitution is due
solely to the gift of the King of France to Franklin.
On January 6, 1834, President Jackson sent a special message
to Congress stating that it appears that the United States consul at
Tangier--
"has been induced to receive from the Emperor of
Morocco a present of a lion and two horses, which
he holds as belonging to the United States. There
being no funds at the disposal of the Executive appli-
cable to the objects stated by Mr. Leib / the consul!,
I submit the whole subject to the consideration of
Congress for such direction as in their wisdom may
seem proper." 3 Richardson, Messages and Papers
of the Presidents 37 (1896).
The House Committee on Foreign Affairs proceeded to investi-
gate the matter. In asking to be discharged from further consideration
of the matter, it made the following report:
"The President adds that he had directed in-
structions to be given to our ministers and agents
abroad requiring them to abstain in future, unless
the consent of Congress shall have been previously
obtained, from the acceptance of presents, under
any circumstances, from foreign States; and
founding himness (sic) on the supposed effect of
these instructions, to prevent the acceptance of
presents hereafter, he invites the attention of
Congress to those which have been heretofore
made to public officers, and deposited by the
orders of the Government in the Department of
State. He represents these as useless, and their
custody as attended with inconvenience, on which
account, and on the ground that the constitutional
provision in relation to their acceptance may be
regarded as satisfied by the surrender of the
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articles to the Government, he recommends
the disposal of them to the original donees, or
the representatives of such as are deceased.
"The Government of the United States is
the only one known to lay its agents employed
in foreign intercourse under strict interdiction
as regards the acceptance of presents in any
form. This interdiction being in the constitu-
tion, could derive no increase of notoriety,
more than authority from instructions to our
agents abroad. Instructions have probably
been given, however, at the earliest period
ascertained of the Government, and were cer-
tainly given in the year 1817, as will appear
from a document appended to this report.
"The acceptance of presents has, notwith-
standing, taken place, on several occasions, and
under circumstances, which the committee are
not prepared to say should not exempt this
conduct from censure. In all others than the
Christian States of Europe, (and in these to a
greater or less extent,) the interchange of
presents between the authorities and foreign
agents is not only matter of invariable usage,
but an established form of respect; the breach
of which, by refusal of acceptance on the part
of the foreign agent, would furnish an occasion
of resentment, compromising oftentimes the
efficacy of the agency, or it might be even the
official immunities or personal security of the
agent. The last instances of the acceptance of
presents by our agents abroad, have been ex-
plained by considerations of this nature. In the
case of the horses received by the commissioner
of the United States from the Ottoman Porte, &c. ,
this officer alleged the fear that the important
commercial interests we were seeking at that time
to adjust and confirm, would probably have been
suspended by his adherence to the constitutional
restriction. Mr. Jefferson, when President, did
not refuse a similar present, made directly to him-
self, and could only have been influenced by similar
inducements. In the present instance, the consul
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alleges that 'the present could not be declined
without the greatest insult to an Eastern Sovereign.'
Acceptance has never, in any case, in which it has
occurred, been the result of want of knowledge or
recollection of the constitutional prohibition. As
regards the disposal of the presents in the cases
alluded to, as of former occurrence; in the first,
Mr. Jefferson, without any reference to Congress,
ordered the horses' to be sold, and the money put
into the Treasury. In the second, that of the horses
presented by the Ottoman Porte, this committee ex-
pressed an opinion in asking to be discharged from
the consideration of the message bf the President
on the subject, that the precedent in Mr. Jefferson's
Presidency furnished a sufficient guide to the Execu-
tive. In conformity to this opinion, the horses were
sold under order of the Executive in this last case
also, and the money applied in discharge of the ex-
penses which had been incurred in their transportation
to the United States, and maintenance. As the horses
in the present case are represented as fine, the pro-
ceeds of their sale may be expected to produce a fund
adequate, at least, to meet expenses. The committee
are of opinion, therefore, that the same course should
be pursued in this, as the former instances to which
allusion has been had, and report accordingly.
"As regards the recommendation of the President,
that the presents deposited in the State Department
should be delivered to the original donees, or the repre-
sentatives of the decedents, the committee, on con-
sideration of the subject, are not disposed to take the
same view. They find, on recurring to a list and estimate
of the probable prices of these presents, that only a
few of them would be of pecuniary value to the receivers,
if the President's recommendation were complied with,
and they apprehend that the barriers set up by the con-
stitutional inhibition, as regards the acceptance of
presents, might possibly be weakened by this course of
procedure. The foreign agents of the Government might
be led to look with more facility on the considerations
which may excuse a departure from the strict line of
restraint imposed by the Constitutional obligation. As
regards a considerable proportion of the articles in
question too, it appears that the names of the donors
and depositors have not been preserved; so that the
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the inconvenience from the custody of the articles,
which seems to have been a principal inducement
to it, obviated or relieved."
* * *
"Extract from instructions of J. Q. Adams, Secretary
of State of the United States, to R. Rush, Envoy
Extraordinary and Minister Plenipotentiary of the
United States at London, dated
'Washington, November 6, 1817.
"A custom prevails among the European
Sovereigns, upon the conclusion of treaties, of
bestowing presents of jewelry, or other articles
of pecuniary value, upon the minister of the Power
with which they were negotiated; the same usage is
repeated upon the minister's taking leave at the
termination of his mission. In Great Britain it is
usual to offer the minister, at his option, a sum
of money, graduated according to his rank, or a
gold box or other trinket of equal value. The
acceptance of such presents by ministers of the
United States is expressly prohibited by the con-
stitution; and even if it were not, while the United
States have not adopted the custom of making such
presents to the diplomatic agents of foreign Powers,
it can scarcely be consistent with the delicacy and
reciprocity of intercourse between them, for the
ministers of the United States to receive such favors
from foreign Princes, as the ministers of those
Princes never can receive from this Government
in return. The usage, exceptionable in itself, can
be tolerated only by its reciprocity. It is expected
by the President, that every offer of such present
which may, in future, be made to any public minister
or other officer of this Government, abroad, will be
respectfully, but decisively, declined.'
"(Circular)
"Department of State,
"Washington, January 6, 1834.
"Sir: I am directed by the President to instruct the
ministers, consuls, and other diplomatic and commercial
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agents of the United States, that it is required
of them that, in future, they will not, unless
the consent of Congress shall have been pre-
viously obtained, accept, under any circumstances,
presents of any kind whatever, from any King,
Prince, or foreign State.
6/
"You will therefore govern yourself accordingly."
H. R. Rep. No. 302, 23rd Cong., 1st Sess. 1-4 (1834).
Attorney General Cushing expressed the opinion that the
constitutional provisions forbade a United States Marshal in
Florida from acting as Commercial Agent of France. 6 Op.
Atty. Gen. 409 (1854). See also 13 id. 537 (1871).
Apart from any other instructions which may have been issued
from time to time by the President or the Secretary of State, and
any restrictions which may have been contained in any early appro-
priation acts, the first statutory restriction on the acceptance of
gifts from foreign governments appears in the Act of August 18,
1856. It was an Act to regulate the diplomatic and consular systems
of the United States which became effective by its own terms on
January 1, 1857.
Section 19 provides in pertinent part as follows:
"Nor shall any diplomatic or consular officer * *
ask or accept for himself or any other person, any
present, emolument, pecuniary favor, office, or
title of any kind from any such /foreign/ government".
11 Stat. 59.
In the Congressional Globe there is no report of any debate on this
Act. This provision was retained when ? 19 of this Act was amended
in other respects by the Act of June 17, 1874, 18 Stat. 77. See also
Re-v. Stat. ? 1751 (1878 ed.).
Section 1 of the Act of January 31, 1881, gives the consent of
Congress to the acceptance by nine named persons of specified
6/ With respect to the reference to the horses presented by the
Ottoman Porte, see H. R. Rep. No. 107, 21st Cong. , Zd. Sess.
(1831).
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decorations and presents which had been tendered to them by
foreign governments. Se-ction 3 provides as follows:
"Any present, decoration, or other thing which
shall be conferred or presented by any foreign govern-
ment to any officer of the United States, civil, naval,
or military, shall be tendered through the Department
of State, and not to the individual in person, but such
present, decoration, or other thing shall not be
delivered by the Department of State unless so au-
tb.orized by act of Congress." 21 Stat. 604, 5 U.S.C.
? 115. 7/
Thereafter Acting Attorney General Hoyt expressed the opinion
that it would not be sound to hold that a titular prince, even if
not-a reigning potentate, it not included in the constitutional pro-
hibition, and that the words "or other thing" in the 1881 Act,
supra, would preclude the acceptance by an American military
or civil officer bf a photograph of Prince Henry of Prussia, a
brother of the Emperor of Gerrnany and King of Prussia. The
?Attorney General observes that the constitutional provision "has
been viewed as particularly directed against every kind of
influence by foreign governments upon officers of the United
States, based on our historic policies as a nation." 24 Op.
? A. C. 116, 117 (1902). Attorney General Wickersham construed
the constitutional prohibition as extending to a clerk of the fourth
7/ See also United States Consular Regulations 421 (1888),
Ibid. ?g 451 (1896 with amendments to 1919). And see ? 1002
of the Foreign Service Act of 1946 which provides in pertinent
part as follows:
"An officer of the Z?oreign/ Service /of the
United States/ shall not ask or, without the consent
of the Congress, receive for himself or any other
person, any present, emolument, pecuniary favor,
office or title from any foreign government. * * *"
60 Stat. 1030, 22 U. S. C. ? 804.
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class in the Post Office Department, stating that he was an inferior
officer of the United States, 27 id. 219 (1900). 8/
The Act of June 27, 1934, gave the consent of Congress to
the acceptance of certain decorations and gifts by certain named
retired officers of the Executive Branch and by a named member
of the Legislative Branch. It also provides that the Secretary of
State shall submit to each 'alternate Congress a list of those
retired officers or employees of the United States for whom the
Department of State, under the provisions of 1881 Act (5 U. S.C.
8 115), is holding decorations, orders, medals, or presents
tendered them by foreign governments, 48 Stat. 1267, 5 U. S.C.
115a.
By Executive Order No. 7577 dated March 19, 1937, it is
provided that "American aismil diplomatic and consular officers
are hereby prohibited from accepting in any circumstances anr,
present, decoration, or medal, order, testimonial, or other thing
that may be tendered to them by any foreign king, prince, or
foreign state," 2 Fed. Reg. 572. A similar prohibition is incor-
porated ml I-23 of the amendments to the foreign service regula-
tions which were made in Executive Order No. 8396, dated April 18,
1940,3 CFR 134 (1940 Supp.). Finally, by Executive Order
No. 9521 dated February 13, 1945, the previous limitations on the
8/ But see the holding that the constitutional prohibition is not
applicable to a part-time employee of the Geological Survey who
does not take an oath of office, 28 id. 598 (1941). Other diplomatic
precedents, both earlier and later, are collected in 4 Hackworth,
Digest of International Law 475-485 (1942). The Acting Secretary
of State advised the American Embassy in Chile that the prohibition
against the acceptance of foreign decorations does not apply to
wives of officers of the United States, Ibid. 481. But see 5 of
Department of State Circular No. 277 of November 13, 1957,
stating that "Gifts to close relatives of members of the Department
or the Foreign Service should be treated in the same way as gifts
to such members."
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authority of the Secretary of State to prescribe regulations
relating to the dutie-s of officers and employees of the Foreign
Service and the transaction of their business were revoked, and
he was authorized to substitute therefor his regulations, 3 CFR
365 (1943- 1948, Compilation). 9/
The currently applicable regulations of the Secretary of State
with respect to such matters are as follows:
"030 Definitions
*
"Employee: Either an officer or an
employee." 4 Foreign Service Manual
030 (p. 1)
"625 Acceptance of Gifts, Titles and Emoluments
"625. 1 Gifts From Foreign Governments
"No American employee shall accept any
decoration, gift or emolument of any kind
from any foreign sovereign, foreign govern-
ment, or from any state, province, or
municipality, or from any governmental
or semi-governmental agency, or from any
international organization of states, not-
withstanding the fact that the United States
is a participant in such international
organization. Moreover, to assure absolute
equality and uniformity in this regard, no
American employee shall ever wear any
foreign decoration while serving in such
capacity.
9/ This Executive Order provided for the revocation inter alia
of Executive Order No. 8396, supra, as of the date of issuance of
the orders or regulations of the Secretary of State that cover the
? subject matter. He is directed to designate in his order or regula-
tion the parts of an Executive Order which is intended to be super-
seded by such order, and to publish such order or regulation in the
Federal Register. Ibid. 366. No research has been made as to
whether any such notice has been published in the Federal Register
with respect to ? 1-23 of the foreign service regulations in Executive
Order No. 8396, supra.
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"625.3 - Refusal of Gifts from Foreign
Government
When it is necessary for an employee to
refuse, or on his own behalf or on behalf
of some other person, any decoration, gift
or emolument offered by a foreign govern-
ment, the refusal shall be made in as
gracious terms as possible, attention being
invited to the fact that acceptance is pro-
hibited under the laws of the United States.
Employees shall take such precautionary
measures as seems advisable to avoid
being placed in a position where it becomes
necessary to refuse such decoration, gift
or emolument from a foreign government."
4 Foreign Service Manual 625.
From time to time Congress has granted a general consent for
the acceptance within a specified period of time by American citizens
and personnel of the Armed Forces of medals or decorations tendered
to them by foreign governments in connection with armed conflicts in
which the United Stats was a participant. For such consent with
respect to World War I, see the Act of July 9, 1918, 40 Stat. 845, 872,
10 T.L S. C. @? 1422 and 1423; and with respect to World War II, see the
Act of July 20, 1942, which also gave consent to the acceptance of
decorations, orders, medals, and emblems from the governmentssof
the other American Republics, 56 Stat. 662, 10 U.S. C. ? 1423(a). 10/
Section 29(d) of the Act of August 10, 1956, provides that when a
member of the Reserve is not on active duty or active training duty
he is not considered to be a Government officer or employee or a
person holding an office of trust or piofit or discharging any of-
ficial function under or in connection with, the Government
10/ It is understood that General Vaughan, a member of President
?Truman's staff, accepted an award from President Peron of Argentina
under this provision on the ground that World War II had not then been
terminated. But see also S. 3195, 85th Cong. , which would authorize
certain retired personnel of the United States Government to accept
and wear decorations, presents and other things tendered them by
certain foreign governments. There is included therein an award to
General Vaughan by the Government of Argentina of the Order of
General San Martin.
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in that capacity, 70A Stat. 632, 5 U.S.C. 30r(d). Despite
the broad language used, it may be noted that the legislative
reports on the predecessor statutes indicate that these statutes
were enacted to except such Reserve personnel from the possible
application of the conflict-of-interest laws, the dual compensation
and employment statutes, and various State constitutional pro-
hibitions against the holding of State office by Federal personnel.
See S. Rep. No. 1102 and H. R. Rep. No. 1884, 71st Cong., 2d
Sess. (1930) and S. Rep. No. 1795, 82d Cong., 2d Sess. (1951)
and H. R. Rep. No. 1066, 82d Cong., 2d Sess. (1952).
Under the Act of July 9, 1952, Congress has authorized the
Secretary of the appropriate military, department to approve the
acceptance by Reserve personnel of civil employment by foreign
governments, 66 Stat. 495, 10 U. S. C. N 1032. Its enactment would
-suggest that Congress considered that even an inactive reserve
officer would otherwise be subject to the constitutional prohibition.
If so, it would corroborate a view that the broad language in 5
U. S.C. 30r(d) does not authorize an inactive reservist to accept
a gift or award from a foreign government.
Requests for the consent of Congress for the acceptance of
medals, gifts and awards tendered to certain officers of the United
States by foreign governments were considered by the Senate
Committee on Foreign Relations in 1910. The report was submitted
on behalf of the .Committee by. Senator Elihti Root, a former Secretary
of War and Secretary of State.
Referring to the pendency of 200 such requests, the report
made the following observations:
"It seems that requests of this character should be
passed upon in accordance with some declared principle
of action, so that one officer should not have his request
refused and another receive authority as the result of
accidental circumstances attending the presentation of
the request.
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"The existence of the prohibition in the Con-
stitution indicates that the presumption is against
the acceptance of the present, emolument, office, or
title. A habit of general and. indiscriminate consent
by Congress upon such applications would tend
practically to nullify the constitutional provision,
which is based upon an apprehension, not without
foundation, that our officers may be affected in the
performance of their duties by the desire to receive
such recognition from other governments. A strong
support for the view that the practice should not be
allowed to become general is to be found in the fact
that the Government of the United States does not
confer decorations or titles or, unless in very
exceptional cases, make presents to the officers
of other governments. It is not suitable that we
should permit our officers to receive courtesies
which we do not reciprocate by extending similar
courtesies to the officers of other governments.
We are of the opinion that the following rules should
be observed:
"1. That no decoration should be received un-
less possibly when it is conferred for some exceptional,
extraordinary, and highly meritorious act, justifying
beyond dispute a special mark of distinction.
"2. That no presents should be received except
such articles as are appropriate for souvenirs and
marks of courtesy and appreciation and having an
intrinsic value not disproportionate to such a purpose.
"3. That the acceptance of presents within the
limitation above stated should be further limited to
cases in which some exceptional service or special
relation justifying the mark of courtesy exists between
the recipient and the government offering the present.
"4. That no offer of any other title or emolument
or office should be considered.
"5. We consider that membership in learned
societies, even though the appointment thereto may
have a quasi governmental origin, should not be
considered as coming within the constitutional pro-
'vision, and it may well be that as to certain trifling
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gifts, such as photographs, the rule of de minimis
lex non curat should be deemed to apply." S. Rep.
No. 373, 61st Cong., 2d Sess. (1910). 11/
The bill in question was passed by the Senate, but died in the
House. The standards of criteria in the report submitted by
Senator Root may, however, be of interest to the Senate Committee
?on Government Operations. On November 27, 1957, Assistant
Attorney General White informed the Committee Chairman that
there had been no change by this Department in its interpretation
of the 1902 Opinion, supra.
There have been issued the President's Memoranda of
January 6, 1950, and April 13, 1954, to the Heads of Executive
Departments and Establishments, respecting the procedure for
the periodic submission by the Secretary of State to Congress of
an omnibus bill respecting the consent of Congress to the acceptance
of medals and other gifts to Government officers and employees which
have been tendered by foreign governments. These Memoranda are
not published in the Federal Register.
11/ Reproduced in 45 Cong. Rec. 3182-3186(1910).
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4.
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CABINET PAPER?PRIVILEGED
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The White House
Washington
THE CABINET
Gifts from Foreign Governments
3 r4
\CP - 58-80
May 16, 1958
The attached approved paper is circulated for action by
the Secretary of State and those agencies concerned,-and for
information to the other members of the Cabinet.
This paper was approved by the President at the Cabinet
meeting of Friday, May 16, 1958 (RA - 58-105, Item 2).
Robert K. Gray
Secretary to the Cabinet
CABINET PAPER
For Action
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CABINET PAPER?PRIVILEGED cP - 58-80
Property of the White House?For Authorized Persons Only
May 16 31958
The White House
Washington
THE CABINET
Gifts From Foreign, Governments
Problem
To determine how a uniform policy and uniform procedures may best be
achieved for the disposition of the various categories of gifts which may
be tendered by foreign governments to officers of the Executive Branch of
the United States Government.
Discussion
The Constitution prohibits officers of the United States from accepting
gifts "of any kind whatever" from foreign governments "without the Consent
of the Congress."
An 1881 statute provides that any such gift "or other thing" shall be
tendered through the Department of State and shall not be delivered to the
recipient unless authorized by Act of Congress. This statute is applicable
to Government Officers but not to members of their families.
In 1902 the Acting Attorney General of the United States rendered an
opinion to the Secretary of State that 'even a simple remembrance of
courtesy... like the photographs in this case" falls within the Constitutional
prohibition (24 Op. Att. Gen. 116, 117). A fourth class clerk in the Post
Office Department is an officer of the United States within the meaning of
this prohibition (27 Op. Att. Gen. 219).
The policy of the Department of State regarding such gifts has been
recently set forth in Departmental Circular 277 of November 13, 1957 (which,
with its attachment, forms Annex A to this paper).
This policy statement specifies that "the ... provisions of the law and
regulations are to be interpreted with due regard for the principle 'de
minimis non curat lex' - the law does not concern itself with things which
would universally be regarded as too unimportant to come within its scope.
Accordingly, where there is no indication of improper interest, and refusal
or return would be offensive and might injure good international relations,
such a gift may be received. If it has only minor intrinsic value, such as
a photograph or other like memento or souvenir, it may be retained."
The Chairman of the Committee on Government Operations of the
U. S. Senate has written the President stating that "there should be
unanimity of procedure and policy throughout the Executive Branch, and I
recommend for your consideration the promulgation of an Executive Directive
in order to guide the agencies in their application of the Constitutional
provision."
No thorough study has been made of the policies, regulations or
practices which may be in effect in other federal agencies concerning the
tender of gifts by foreign governments to their respective officers and
employees or members of their families.
A thorough interdepartmental study may reveal it to be desirable that
the Congress enact legislation, pursuant to the original Constitutional
reference, which would assist in bringing about consistency in practice
throughout the Executive Branch.
CABINET PAPER
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Recommendations
1. That an interdepartmental study group be established to be chaired
by the representative of the Department of State, and to include among its
membership representatives of the Departments of Treasury, Defense, Justice,
Agriculture, Commerce, of the Special Assistant to the President for
Personnel Management, and of the Bureau of the Budget.
2. That the group obtain full information on the policies and practices
of the Federal Agencies most frequently affected by this problem, analyze
this information from the point of view of consistency and legality, and
prepare appropriate recommendations, including, if needed, proposals for
legislative action, for Cabinet consideration.
3. That the group finish its work by October 1, 1958.
Concurrences:
The Attorney General
Annex A
Department Circular 277 of November 13, 1957
CABINET PAPER
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ANNEX A
DEPARTMENT CIRCULAR NO. 277
November 130 1957
SUBJECT: Acceptance of Gifts from Foreign Governments or Foreign
Government Officials
1. There is attached to this circular a compilation of the applicable law
and regulations pertaining to gifts from foreign governments, or from
officials thereof acting in their official capacity, to members of the
Department and of the Foreign Service. This circular constitutes a
statement of policy designed to afford guidance respecting the Depart-
ment's interpretation of these provisions.
2. Where under the circumstances there is any indication whatsoever that
such a gift was given with any improper intents such as to gain
influence, it should not be accepted. Where delivery of such a gift
was made under circumstances rendering refusal impossible, the gift
should be promptly returned to the donor.
3. Subject to the foregoing, it is the view of the Department that the
following provisions of the law and regulations are to be interpreted
with due regard for the principal "de minimis non curet lex" - the law
does not concern itself with things which would universally be regarded
as too unimportant to come within its scope. Accordingly, where there
is no indication of improper interest, and refusal or return would be
.offensive and might injure good international relations, such a gift
may be received. If it has only minor intrinsic value, such as a
photograph or other like memento or souvenir, it may be retained.
In case of any question or doubt, a ruling should be obtained from the
Office of Protocol.
4. If gifts accepted from foreign governments or officials go beyond the
foregoing, they should be delivered into the custody of the Department
of State, through the Office of Protocol, which will then determine
whether such gifts shall be returned to the donees or kept by the
Department for later disposition in accordance with law. Return will
not be permitted in the case of gifts of such nature or value that,
irrespective of the actual intent of the giver, it could reasonably be
inferred by anyone that the gift would, in fact, establish influence or
constitute an added payment for services already included in the em-
ployment relationship of the recipient to the United States Government.
5. Gifts to close relatives of members of the DepUrtment or the Foreign
Service should be treated in the same way as gifts to such members.
6. In general, members of the Department and of the Foreign Service shall,
within the bounds of courtesy and good judgment, discourage the
bestowal of gifts by foreign governments or officials upon themselves
or their close relatives. Most foreign governments already understand
that members of the Department and the Foreign Service do not accept
foreign decorations and do not attempt to give them. The practice of
politely and firmly declining decorations if offered should be
continued.
7. This circular is intended merely to clarify existing regulations and
should not be considered as repealing any of them.
(s)
Attachment:
Compilation of Law and Regulations
Pertaining to Acceptance of Gifts
from Foreign Governments or Officials
State - FD, Wash., D. C.
CABINET PAPER
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LAW AND REGULATIONS
Article 1, Section 9, Clause 8 of the Constitution reads as follows:
"No Title of Nobility shall be granted by the United States:
and no Person holding any Office of Profit or Trust under them, shall,
without the Consent of the Congress, accept of any present, Emolument,
Office, or Title, of any kind whatever, from any King, Prince, or
foreign State."
The Act of January 31, 1881, 5 U.S.C. 115, provides:
"Any present, decoration, or other thing, which shall be conferred
or presented by any foreign government to any officer of the United
States, civil, naval, or military, shall be tendered through the
Department of State, and not to the individual in person, but such
present, decoration, or other thing shall not be delivered by the
Department of State unless so authorized by act of Congress."
By an Executive Order dated April 13, 1954, the President directed
that after that date no request should be submitted for the consent of
Congress for anyone, other than retired personnel, to accept gifts,
decorations, awards or any other thing tendered to them by a foreign
Government.
It is provided in 5 U.S.C., Section 115a that:
"The Secretary of State is directed to furnish to the Seventy-
fifth Congress and to each alternate Congress thereafter a list of
those retired officers or employees of the United States for whom
the Department of State under the provisions of section 115 of this
title, is holding decorations, orders, medals, or presents tendered
them by foreign governments."
The acceptance of gifts by officers and employees of the Foreign
Service is governed by Section 1002 of the Foreign Service Act of 1946,
as amended (22 U.S.C. 804), providing:
"An Officer or employee of the Service shall not ask or, without
the consent of the Congress, receive, for himself or any other person,
any present, emolument, pecuniary favor, office, or title from any
foreign government. A chief of mission or other principal officer
may, however, under such regulations as the President may prescribe,
accept gifts made to the United States or to any political subdivision
thereof by the Government to which he is accredited or from which he
holds an exequatur."
It is further provided in 1 FSM IV 625.1 and 625.2, as follows:
"625.1 No American employee shall accept any decoration, gift or
emolument of any kind from any foreign sovereign government, or from
any state, province, or municipality of any foreign government, or
from any governmental or semi-governmental agency, or from any
international organization of states, notwithstanding the fact that
the United States is a participant in such international organization.
Moreover, to assure absolute equality and uniformity in this regard,
no American employee of the Foreign Service shall ever wear any
foreign decoration while serving in such capacity.
"625.2 No American employee, nor any person on behalf of such employee,
shall petition the Congress of the United States for legislative
permission to receive any foreign decoration, gift or emolument described
in section 625.1."
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It is also provided in pertinent part in Section 1021(a) of the
Foreign Service Act of 1946, as amended (22 U.S.C. 809):
"The Secretary /..if Stat-e7 may accept on behalf of the United
States gifts made unconditionally by will or otherwise for the benefit
of the /7Forei67 Service or for the carrying out of any of its
Functions. * * *"
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110ge t---4294g;.a
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CABINET PAPER PRIVILEGED
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The White House
Washington
THE CABINET
Gifts from Foreign Governments
CP - 58-80
May 14, 1958
For consideration of the Cabinet, attached is a paper which will
be presented by the Secretary of State.
This paper, which bears the concurrence of the Attorney General,
proposes the establishment of an ad hoc interdepartmental group to
recommend actions to help insure consistent policy and practice with
respect to this problem throughout the Executive Branch.
The concurrence of the Cabinet and the approval of the President
are sought for the recommendations in the attached paper.
144u-crA
Maxwell M. Rabb
Secretary to the Cabinet
CABINET PAPER
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CABINET PAPER-PRIVILEGED CP - 58-80
Property of the White House?For Authorized Persons Only
The White House
Washington
THE CABINET
Gifts From Foreign Governments
May 14, 1958
Problem
To determine how a uniform policy and uniform procedures may best be
achieved for the disposition of the various categories of gifts which may
be tendered by foreign governments to officers of the Executive Branch of
the United States Government.
Discussion
The Constitution prohibits officers of the United States from accepting
gifts "of any kind whatever" from foreign governments "without the Consent
of the Congress."
An 1881 statute provides that any such gift "or other thing" shall be
tendered through the Department of State and shall not be delivered to the
recipient unless authorized by Act of Congress. This statute is applicable
to Government Officers but not to members of their families.
In 1902 the Acting Attorney General of the United States rendered an
opinion to the Secretary of State that 'even a simple remembrance of
courtesy... like the photographs in tbis case" falls within the Constitutional
prohibition (24 Op. Att. Gen. 116, 117). A fourth class clerk in the Post
Office Department is an officer of the United States within the meaning of
this prohibition (27 Op. Att. Gen. 219).
The policy of the Department of State regarding such gifts has been
recently set forth in Departmental Circular 277 of November 13, 1957 (which,
with its attachment, forms Annex A to this paper).
This policy statement specifies that "the ... provisions of the law and
regulations are to be interpreted with due regard for the principle 'de
minimis non curet lex' - the law does not concern itself with things which
would universally be regarded as too unimportant to come within its scope.
Accordingly, where there is no indication of improper interest, and refusal
or return would be offensive and might injure good international relations,
such a gift may be received. If it has only minor intrinsic value, such as
a photograph or other like memento or souvenir, it may be retained."
The Chairman of the Committee on Government Operations of the
U. S. Senate has written the President stating that "there should be
unanimity of procedure and policy throughout the Executive Branch, and I
recommend for your consideration the promulgation of an Executive Directive
in order to guide the agencies in their application of the Constitutional
provision."
No thorough study has been made of the policies, regulations or
practices which may be in effect in other federal agencies concerning the
tender of gifts by foreign governments to their respective officers and
employees or members of their families.
A thorough interdepartmental study may reveal it to be desirable that
the Congress enact legislation, pursuant to the original Constitutional
reference, which would assist in bringing about consistency in practice
throughout the Executive Branch.
CABINET PAPER
For Consideration
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- 2 -
Recommendations
1. That an interdepartmental study group be established to be chaired
by the representative of the Department of State, and to include among its
membership representatives of the Departments of Treasury, Defense, Justice,
Agriculture, Commerce, of the Special Assistant to the President for
Personnel Management, and of the Bureau of the Budget.
2. That the group obtain full information on the policies and practices
of the Federal Agencies most frequently affected by this problem, analyze
this information from the point of view of consistency and legality, and
prepare appropriate recommendations, including, if needed, proposals for
legislative action, for Cabinet consideration.
3. That the group finish its work by October 1, 1958.
Concurrences:
The Attorney General
Annex A
Department Circular 277 of November 13, 1957
CABINET PAPER
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CABINET PAPER PRIVILEGED
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DEPARTMENT CIRCULAR NO. 277
November 13, 1957
ANNEX A
SUBJECT: Acceptance of Gifts from Foreign Governments or Foreign
Government Officials
1.
There is attached to this circular a compilation of the applicable law
and regulations pertaining to gifts from foreign governments, or from
officials thereof acting in their official capacity, to members of the
Department and of the Foreign Service. This circular constitutes a
statement of policy designed to afford guidance respecting the Depart-
ment's interpretation of these provisions.
2. Where under the circumstances there is any indication whatsoever that
such a gift was given with any improper intent, such as to gain
influence, it should not be accepted. Where delivery of such a gift
was made under circumstances rendering refusal impossible, the gift
should be promptly returned to the donor.
Subject to the foregoing, it is the view of the Department that the
following provisions of the law and regulations are to be interpreted
with due regard for the principal "de minimis non curet lex" - the law
does not concern itself with things which wouiraniversally be regarded
as too unimportant to come within its scope. Accordingly, where there
is no indication of improper interest, and refusal or return would be
offensive and might injure good international relations) such a gift
may be received. If it has only minor intrinsic value, such as a
photograph or other like memento or souvenir, it may be retained.
In case of any question or doubt, a ruling should be obtained from the
Office of Protocol.
4. If gifts accepted from foreign governments or officials go beyond the
foregoing, they should be delivered into the custody of the Department
of State, through the Office of Protocol, which will then determine
whether such gifts shall be returned to the donees or kept by the
Department for later disposition in accordance with law. Return will
not be permitted in the case of gifts of such nature or value that,
irrespective of the actual intent of the giver, it could reasonably be
inferred by anyone that the gift would, in fact, establish influence or
constitute an added payment for services already included in the em-
ployment relationship of the recipient to the United States Government.
5. Gifts to close relatives of members of the Department or the Foreign
Service should be treated in the same way as gifts to such members.
6. In general, members of the Department and of the Foreign Service shall,
within the bounds of courtesy and good judgment, discourage the
bestowal of gifts by foreign governments or officials upon themselves
or their close relatives. Most foreign governments already understand
that members of the Department and the Foreign Service do not accept
foreign decorations and do not attempt to give them. The practice of
politely and firmly declining decorations if offered should be
continued.
7. This circular is intended merely to clarify existing regulations and
should not be considered as repealing any of them.
Attachment:
Compilation of Law and Regulations
Pertaining to Acceptance of Gifts
from Foreign Governments or Officials
(S) State - FD, Wash., D. C.
CABINET PAPER
For Consideration
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LAW AND REGULATIONS
Article 1, Section 9, Clause 8 of the Constitution reads as follows:
"No Title of Nobility shall be granted by the United States:
and no Person holding any Office of Profit or Trust under them, shall,
without the Consent of the Congress, accept of any present, Emolument,
Office, or Title, of any kind whatever, from any King, Prince, or
foreign State."
The Act of January 31, 1881, 5 U.S.C. 115, provides:
"Any present, decoration, or other thing, which shall be conferred
or presented by any foreign government to any officer of the United
States, civil, naval, or military, shall be tendered through the
Department of State, and not to the individual in person, but such
present, decoration, or other thing shall not be delivered by the
Department of State unless so authorized by act of Congress."
By an Executive Order dated April 13, 1954, the President directed
that after that date no request should be submitted for the consent of
Congress for anyone, other than retired personnel, to accept gifts,
decorations, awards or any other thing tendered to them by a foreign
Government.
It is provided in 5 U.S.C., Section 115a that:
"The Secretary of State is directed to furnish to the Seventy-
fifth Congress and to each alternate Congress thereafter a list of
those retired officers or employees of the United States for whom
the Department of State under the provisions of section 115 of this
title, is holding decorations, orders, medals, or presents tendered
them by foreign governments."
The acceptance of gifts by officers and employees of the Foreign
Service is governed by Section 1002 of the Foreign Service Act of 1946,
as amended (22 U.S.C. 8400, providing:
"An Officer or employee of the Service shall not ask or, without
the consent of the Congress, receive, for himself or any other person,
any present, emolument, pecuniary favor, office, or title from any
foreign government. A chief of mission or other principal officer
may, however, under such regulations as the President may prescribe,
accept gifts made to the United States or to any political subdivision
thereof by the Government to which he is accredited or from which he
holds an exequatur."
It is further provided in 1 FSM Iv 625.1 and 625.2, as follows:
"625.1 No American employee shall accept any decoration, gift or
emolument of any kind from any foreign sovereign government, or from
any state, province, or municipality of any foreign government, or
from any governmental or semi-governmental agency, or from any
international, organization of states, notwithstanding the fact that
the United States is a participant in such international organization.
Moreover, to assure absolute equality and uniformity in this regard,
no American employee of the Foreign Service shall ever wear any
foreign decoration while serving in such capacity.
"625.2 No American employee, nor any person on behalf of such employee,
shall petition the Congress of the United States for legislative
permission to receive any foreign decoration, gift or emolument described
in section 625.1."
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- 2 -
It is also provided in pertinent part in Section 1021(a) of the
Foreign Service Act of 1946, as amended (22 U.S.C. 809):
"The Secretary /3f State7 may accept on behalf of the United
States gifts made unconditionally by will or otherwise for the benefit
of the /7Foreiiii7 Service or for the carrying out of any of its
Functions. * * *"
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SENDER WILL CHECK CLAS514NOEN414APOW6lyibri.
R000
re-I bil
ApRrpggigosikriftle9se 2100 ECR ET
CENTRAL INTELLIGENCE AGENCY
OFFICIAL ROUTING SLIP
TO
NAME AND ADDRESS
INITIALS
DATE
1
MR. HOUSTON via DD/
2
---- ,
3
--,?---..
..--
4
5
6
ACTION
1
DIRECT REPLY
PREPARE REPLY
APPROVAL
DISPATCH
RECOMMENDATION
COMMENT
FILE
RETURN
CONCURRENCE
INFORMATION
SIGNATURE
Remarks:
FOLD HERE TO RETURN TO SENDER
FROM: NAME. ADDRESS AND PHONE NO.
DATE
0/DCI 20 May 58
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)
UNCLASSIFIED I CONFIDENTIAL 1
SECRET -
FORM NO. Q 7 Replaces Form 30-4
I APR AR L urhloh may het nand
(40)
00040007-9
0300040007-9
STATI NTL
STATI NTL
STATI NTL
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MEMORANDUM FOR: MD111.13CTOR
The interdepartmental sindy group to recommend
actions to ineure consistent policy and practice through-
out the Executive Brach regarding Gifts from. Foreign
Govepments ?111 be chaixed by Loftus E. Decker, State
Department Legal Adviser.
Lofty fully appreciates our interest in this prob-
lem and says he will be delighted to have Larry Elouston
oft in for us as an observer. He will notify Larry when
the study group meets.
Aclingtkpiry Tlrectar
(MulPart) 19 May 1 OM
(DATE)
?
?
FORM NO. 101 REPLACES FORM 10-101
1 AUG 54 WH ICH MAY BE USED.
TRANSMITTAL SLIP
DATE
,
lo September 1956
TO:
Mr. Houston
ROOM NO.
221
BUILDING
East
REMARKS:
1 have discussed the attached
memorandum with Mr. Bilder who thinks
it is a good suggestion. He advises
that they have completely dropped the
idea of handling this matter by Exec.
Order. They feel this would involve
too many potential restrictions.
rcw-ua
I
ROOM NO.
226
BUILDING
East
I=
FORM NO .0A 'I REPLACES FORM 36-8
1 FEB 55 L'1" WHICH MAY BE USED.
Gpo:Im -6-439445
(47)
(47)
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STATI NTL