LETTER TO MR. HAMPTON DAVIS FROM F. W. M. JANNEY

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP79-00498A000500010016-8
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 37
• Document Creation Date: December 9, 2016
• Document Release Date: September 18, 2000
• Sequence Number: 16
• Content Type: LETTER

DRAFT OGC HAS REVIEWER.
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Mr. Hampton Davis
Assistant Chief of Protocol
Department of State
2201 C Street, N. W.
Washington, D. C. 20520
Dear Mr. Davis:
An employee of this Agency received a rug from
an official of a foreign government. It is a wool rug,
? I ,
approximately 3 1/2' x 5' in size, general-ly blue in
color, and has an estimated value of $600.
This foreign gift has been placed in the temporary
custody of the Agency as property of the U. S. Govern-
ment. Approval is requested to retain the rug in the
CIA Headquarters Building for official use.
Sincerely,
F. W. M. jaAlliey
Director of Personnel
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,E1, UNCLASSIFIED
SUBJECT: (Optional)
FROM:
1---1
INTERNAL
USE
RO
File
F. W. M. Janney
Director of Personnel
5E 58, Headquarters
TO: (Officer designation, room number, and
building)
? Deputy Director for
Administration
7.11_11,__Headquarters
4:
Office of General
Counsel
711 01, Headquarters
5.
gERMItty6_8 E) SECRET
ND RECORD SHEET
. 4
"
-//
EXTENSION NO.
68?
DATE
RECEIVED FORWARDED
OFFICER'S
INITIALS
Ptis
APR 19-
COMMENTS (Number each comment to show from whom
to whom. Draw a line across column after each comment.)
19 APR 1976
Lii
Director of Personnel
5E 58, Headquarters
9.
12.
14.
15.
FORM
3_62 61 0 USE PRE,
INTERNAL
EDITIONS E] SECRET ni CONFIDENTIAL u USE ONLY D UNCLASSIFIED
STATNTL?
STATNTL
As a result of the
FOIA request,
asked us to check
with Protocol to see what
would be required to obtain
to retain theSTATINTL
rug for official
use. We were advised that
a letter similar to the
attached draft is all that
would be required.
Protocol expects a formal
opinion from their legal
staff within a week or so
on our total foreign gift
problem. They obtained a
verbal opinion on the speci-
fic question of official
use.
Request approval to
forward the attached letter,
in final form, to Protocol.
SMTINTL,
F. W. M. JaJney
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STATINTL
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DRAF T
Mr. Henry E. Catto, Jr.
Chief of Protocol
Department of State
Washington, D. C. 20520
Dear Mr. Catto,
I have been advised of the following gifts which were
presented to the Deputy Director of Central Intelligence
by foreign officials:
1.
2.
3.
4.
While the exact value of these gifts is not known, it has
been estimated that each is worth more than $50.
It is requested that you approve the Agency's retention
of these items for display in the Headquarters Building at
Langley, Virginia.
Sincerely,
F. W. M. Janney
Director of Personnel
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25X1C
25X1C
UUNMUL..11I UAL,
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7 April 19 76
MEMORANDUM FOR: Director of Personnel
FROM Executive Assistant to the
Deputy Director of Central Intelligence
SUBJECT Gifts from Foreign Governments
Executive t
1. In compliance with Headquarters Regulation
and PL 89-673, 80 stat. 952, of October 16, 1966 (Foreign Gift
& Decorations Act), the following described gifts each of which
exceeds $50.00 in value, which were presented to Le DDCT in the
conduct of his official duties, are hereby reported for use and
disposal as the property of the United States:
2. It would be advantageous to the U.S. Government and the
Agency if permission could be granted for the temporary loan of
these items to the Agency for display in the Office of the Deputy
Director of Central Intelligence.
3. It is requested that the identity of the donors not be
reported to the Department of State, pending a determination of
Agency policy, in order to protect the existence of sensitive
intelligence liaison relationship.
25X1A
25X1A
Executive Assistant to the DDCI
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INTERNAL
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SUBJECT: (Optional)
FROM:
NOINOODENWM16-8 0 SECRET
ROUTING AND RECORD SHEET
Director of Personnel
5 E 58, Hq.
TO: (Officer designation, room number, and
building)
EXTENSION
6825
NO.
IDD/A Re71stry
ry
DATE
DATE
RECEIVED f-ORWARDED
OFFICER'S
INITIALS
14 APR 1976
COMMENTS (Number each comment to show from whom
to whom. Draw a line across column after each comment)
1. DeputyDirector for
Administration
7D 18,Liq_.
25X A2. Officeof General Co
Attn: Mr.
7 D 07, Hq.
25X1
Attn: Mr.
3. Cover and CommercialStaff
CR 54, 1-1(1_
4.
Executive Assistant/DDCI
7 F. 12Elq_.
5.
5 APR 1976
6.
Director of Personnel
8.
9.
10.
12.
13.
14.
15.
FORM
3-62
Attached is a draft letter to
the Chief of Protocol, Department of
State, requesting approval for the
Agency to retain the gifts presented
to General Walters
the
gov our concurrence and/
or comments are requested. 25K1C
? . lvi. Janney
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610 usEDME.'aus Ei
25X
SECRET E] CONFIDENTIAL 0 I NTERNALflv
UNCLASSIFIED
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Director of Personnel
Room 5-E-58, Headquarters
Attn: Mr. Janney
Please keep me advised of developments
among State, and Central Cover.
We want to get this cleared up soonest. I
will also discuss with the Director.
/4/ Jack Blake
Att: DD/A 76-1811
Deputy Director for Administration
x5454 7D24
4/13/76
-'7(-1-1'
STATINTL
STATINTL
Att: DD/A 76-1811 - Memo to DCI from w/Atts; Subj: Disposition
of Gifts from Foreign Governments and Officials, dtd 9 April 1976
Distribution:
Orig RS - D/OP wicy Atts
,YRS - DD/A Subject w/OP atts
1 RS - DD/A Chrono w/o atts
1 RS - JFB Chrono w/o atts
DD/A:JFBlake:der (13 April 1976)
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25X1A
FOIAb5
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OGC 76-1804
9 April 1976
MEMORANDUM FOR: Director of Central Intelligence
FROM
Acting General Counsel
DIVA r D315trY
y6 Y,01/
SUBJECT : Disposition of Gifts from Foreign Governments and
Officials
1. The purpose of this memorandum is to summarize the law and
regulations affecting the receipt of foreign gifts by employees of the United
States Government. A detailed memorandum on this subject prepared for
the Deputy Director for Administration is attached.
2. The Constitution of the United States prohibits persons holding
any "office of profit or trust" under the United States from accepting gifts
from foreign governments without the consent of Congress. In 1966 Congress
enacted a law which permits employees of the Government to accept gifts of
minimal value from foreign governments, which include officials, agents or
representatives of these governments. The President has delegated to the
Secretary of State the authority to prescribe regulations to carry out the
Tile regulations issued by the Secretary of State are applicable to
this Agency.
3. - Under State Department regulations, a gift of minimal value is one
which has a retail value in the United States not in excess of $50. A gift of
more than a minimal value may be accepted if to refuse to do so would.cause
offense or embarrassment to the donor or adversely affect the foreign
relations of the United States Such gifts shall be deposited with the Chief
of Protocol for disposition. They may, however, be retained for official use
(such as display) by the recipient agency with the approval of the Chief of
Protocol; the gift remains the property of the United States.
Unclassified When Sepa:-:!tc.
AttacLart(!nts
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where there exists a need to protect either the donor's or donee's security,
cover, or covert relationship with this Agency. I have been advised that
since 1966 very few gifts received by employees have been conveyed to the
Chief of Protocol.
5. In providing guidance to the Director of Personnel, this Office in
opinions dated 1968 and 1970 stated that the Agency was subject to the
1966 law and that gifts should be forwarded to the Chief of Protocol absent
operational or security factors relating to the protection of intelligence
sources and methods.
6. Since 1 December 1975 Agency representatives have been in
contact with the Office of the Chief of Protocol attempting to work out an
agreement or arrangement whereby we can securely notify that office of
some or possibly all gifts received by Agency employees.
Attachment
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..STATI
STATI NTL
STATI NTL
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SENDER WILL CHECK CLASSIFICATION TOP AND BOTTOM
UNCLASSIFIED CONFIDENTIAL SECRET
OFFICIAL ROUTING SLIP
TO
NAME AND ADDRESS
DATE
INITIALS
1
The Director
5
6
ACTION
DIRECT REPLY
PREPARE REPLY
APPROVAL
DISPATCH
RECOMMENDATION
COMMENT
FILE
RETURN
CONCURRENCE
INFORMATION
SIGNATURE
Remarks:
Attached is a summary explanation for you of the
foreign gift situation as well as a detailed memorandum
provided to Jack Blake.
As far as the Kurdish rugs are concerned
of DDO advises that only one of them was
presented to an Agency official. We need not be
concerned with those given to Secretary Kissinger and
Ambassador Helms. Although technically one might
argue N.v..B.,..s_p.otan of:Facial of a foreign govern-
ment, Lthink prudence dictates considering him to
be one in the spirit of the gift statute. Accordingly,
unless peculiar cover or security considerations
prevail, the gift should have been reported to the
, ' -I ? ? cni
FOLD HERE TO RETURN TO SENDER
FROM: NAME. ADDS-AND PHONE NO.
DATE
,-.
' c ing enera oupse ---\
9Apr76
UNCLASSIF I ED CONFIDENTIAL
SEca ET
FIMI NO. 237 Us s previous editions
1-67
(40)
STATI NTL
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OGC 76-1803
8 April 1976
MEMORANDUM FOR: Deputy Director for Administration
SUBJECT
: The Law Applicable to Gifts From Foreign
Governments and Officials and the Agency's
Application Thereof
1. As assistance to you in briefing the Director, the Acting General
Counsel asked me to provide you with a memorandum which explains both
the law and regulations applicable to acceptance, use and disposition of
gifts from foreign governments or officials by Agency employees and the
Agency's application of this law.
2. As you know, the Constitution of the United States provides at
Article 1, Section 9, Clause 8:
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.
Prior to 1966 the law which evidenced this prohibition was found in 5 U.S.C.
115 and provided that "[a]ny present, decoration, or other thing which shall
be conferred or presented by any foreign government to any officer of the
United States" ...had to be... "tendered through the Department of State,
and not to the individual in person, ..." and that the item could not be
delivered by the Department to the individual unless the Congress so
authorized. Section 115(a) further provided that the Secretary of State was
to provide the Congress with an annual list of the retired officers and
employees for whom the Department was holding decorations, orders, medals
or presents tendered by foreign governments. In 1958 the Office of General
Counsel addressed these provisions and held:
Unclassified When Separate
From Attachments
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FOIAb5
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The net result of this opinion, when coupled with the security and cover con-
siderations which, in many cases, prevented the Agency from submitting the
names of its retired employees in the annual State report to Congress, was:
A. The gifts were not tendered through, or deposited with, the
Department;
B. The Agency simply held most gifts in storage for long periods of
time.
It is important to note also that under the pre-1966 law gifts were viewed as
the property of the intended recipient and not the property of the Federal
Government. Therefore, they were not subject to disposition by the Agency
by some covert means.
3. Via Public Law 89-673, Congress gave, within certain limits, its
general consent for employees to accept gifts and decorations from foreign
governments. A gift of minimal value can now be accepted by an employee
or a member of his household, but:
[g]ifts of more than minimal value shall
be deemed to have been accepted on behalf of the
United States and shall be deposited by the donee for
use and disposal as the property of the United States
in accordance with the rules and regulations issued
pursuant to this Act. Sec. 4, P.L. 89-673, 15 October 1966.
The authority to promulgate regulations under the Act was vested in the
President who via Executive Order 11220 of 13 December 1966 delegated that
authority to the Secretary of State. State regulations (3 FAM 621) prescribe
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that a gift of minimal value is one which has a retail value in the United States
not in excess of $50 and that when a gift of more than minimal value is
tendered, the U.S. officer or official should advise the donor that it is con-
trary to the policy of the United States to accept such a gift. However, when
it appears that to refuse a gift would cause offense or embarrassment to the
donor or adversely affect the foreign relations of the United States, the gift
may be accepted and deposited with the Chief of Protocol for disposal.
Section 621.7 deals with the disposal of gifts and decorations which have been
accepted as the property of the United States and provides that such a gift
may be retained for official use by the appropriate agency with the approval
of the Chief of Protocol. A gift so used continues to be the property of the
United States and should remain in the agency at all times or forwarded to
the Chief of Protocol for transfer to and disposal by the General Services
Administration when its official use is no longer required.
4. With respect to gifts or decorations on deposit through 14 October
1966, Sec. 621.5 of the regulation states:
Any gift or decoration on deposit...on
October 14, 1966, shall, following written applica-
tion to the Chief of Protocol and the appropriate
agency, be released through the appropriate
agency to the donee or his legal representative.
Such donee may also, if authorized by the appro-
priate agency, wear any decoration so released.
Approval for release will normally be given unless,
from the special or unusual circumstances involved,
it would appear to the Chief of Protocol to be
improper to release the item. Any gifts or decora-
tions not approved for release will become the
property of the U.S. Government and will be
used or disposed of in accordance with section 621.7.
5. In providing guidance to the Director of Personnel on the applica-
tion of the 1966 Act to the Agency, this Office advised as follows:
a. Inasmuch as the intent of Congress in
passing Public Law 89-673 was to make uniform the
problem of accepting gifts for all Government
employees and this Agency is not specifically exempt,
I am of the opinion that we are subject to it.
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FOIAb5
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b. There is no legal objection to retaining gifts
which are the property of the United States for official
use when the Chief of Protocol is notified. Official use
might include decorating an office wall or conference
room with the gift, placing it on display within the
Agency, or a similar use in an overseas post. However,
the law prohibits the gift ever being turned over to the
donee.
c. When it is determined that a Government
property gift which was presented to an Agency
employee under official cover is not to be retained
for official use, I am of the opinion the law requires,
and good security dictates, forwarding it to the Chief
of Protocol.
e, On your specific question about General
Cabe11's rugs and other gifts being held on 14 October
1966, I would recommend attempting to gain their
release pursuant to paragraph 4 above wherever
operational and security considerations permit.
OGC 68-1992, 10 October 1968.
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6. In a subsequent 1970 memorandum, OGC advised the Director of
Personnel that:
...Where an employee is under official
cover and where Congress has specifically stated
that the purpose of this new law is to make uniform
the treatment of all Government employees who
receive foreign gifts and awards, we are of the
opinion that the law requires, and good security
dictates, forwarding the gift to the Chief of
Protocol for disposition. This point is raised
because a member of your office has advised the
Agency is still retaining gifts which are not to be
used for official purposes. OGC 70-0735, 11 May 1970.
7. Within both this opinion and the 1968 opinion we distinguished
between official cover and non-official cover believing that the Director's
charge to protect intelligence sources and methods from unauthorized dis-
closure created an unusual position with respect to Agency officers under
non-official cover. For example, if a gift were presented to an Agency staff
officer under non-official cover who ostensibly was the country representative
for a large U.S. corporation, and this gift was deposited with the Chief of
Protocol for disposition by the General Services Administration, the employee's
non-official cover would be severely damaged. Additionally, a gift so presented
might very well be needed to continue or maintain the cover at some future
time. If the foreign official were coming to the United States and intended to
visit the home of the donee it might, in fact, be necessary for the Agency to
get the gift out of storage and return it to the employee for the duration of
the donor's visit.
8. Agency regulations relating to acceptance, use and disposition of
gifts from foreign governments are found at HR copy attached at Tab B.
This requires an employee to immediately submit a memorandum to the
Director of Personnel advising of the receipt of a gift and provides for subse-
quent action by him and other interested Agency components. The regulation
does not require recourse to the Chief of Protocol.
9. The Agency has gone officially to the Department on at least one
occasion, and this was in February 1973 when the then Director of Personnel
asked the Department for assistance on two gifts made to the wife of a Deputy
Director -- a silver coffee-tea service (given in 1962) and a strand of pearls
(given after October 1966). Hampton Davis, Assistant Chief of Protocol,
responded that the coffe-tea service should have been deposited with the
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Department until the Deputy Director retired (it was not) but because of the
1966 Act the Chief of Protocol concurred in passing the gift to the Deputy
Director. He withheld concurrence on the pearls because he did not know if
their value exceeded fifty dollars.
10. In August 1974 there was future review of the Agency's procedure
for handling foreign gifts because of a GAO review of the subject requested
by Senator Sparkman. The Office of Personnel dealt with a GAO auditor who
was fully apprised of the Agency's procedures in this area, including the
fact we did not go formally to the Chief of Protocol. At the conclusion of the
exchange the auditor expressed his appreciation for the Agency's cooperation
and advised he did not think CIA would be mentioned in the GAO report on
gifts.
11. In late 1975 the Director and the General Counsel decided that the
Agency should proceed to reach a formal agreement with State regarding the
Agency's handling of gifts, and representatives of the Office of Personnel,
Cover and Commercial Staff and OGC were tasked with accomplishing this.
This was triggered, in part, by a report from Philip Buchen, Counsel to the
President, for the Agency's policy postiion on acceptance of gifts by its
employees. The DDA responded to this by letter of 20 October 1975. This
letter with attachments is at Tab C.
12, On 1 December 1975 the two Agency officers and I met with Hampton
Davis and four other State officers, including a member of its Legal Counsel's
Office and Ms. Jane Guilbault, who is directly responsible within State for
disposition of gifts. We explained in detail the Agency's concerns for protecting
the cover and the identities of Agency employees and the statutory bases under
which we had been conducting our gifts program to date. We explored the
possibility of establishing an in-house gift unit so that these operational and
security ends might be realized, a proposal which met with mixed acceptance
by the State officers. In addition, we wished to effect a formal agreement with
the Department whereby we could avoid any question that the Agency was in
compliance with the law and at the same time protect intelligence sources and
methods. We stressed that we believed that while the Agency was not in
compliance with the letter of the law it was certainly in compliance with the
spirit of the law. The basic problem at State is that the gifts unit's files are
unclassified and, by Ms. Guilbault's own statements, are open to reporters
such as Maxine Cheshire. The State officers were generally receptive to
both our interpretation of the law and to the idea of concluding a formal agree-
ment. It was agreed that Mr. Chief, Benefits and Services 25X1A
Division, Office of Personnel, and Ms. Guilbault would commence working
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together so that the latter might clearly understand both the Agency's pro-
cedures and the magnitude of its problem, i.e., how many gifts we held.
They have been in touch on several occasions and Ms. Guilbault has visited
the Agency and its storage facilities to view the gifts. Attached at Tab D is
a 17 March 1976 memorandum by Mr. which, with its attachments,
explains their progress to date.
13. With respect to Ms. Cheshire's current interest, namely, the
Persian rug, it would seem that the thing we are trying to protect, namely,
25X1A the cover of an Agency officer, is already out and that to defuse her concern
we should ask Mr. to proceed immediately with Ms. Guilbault to secure
permission to retain the rug within the Agency for official use. I believe that
25X1A Mr .has developed sufficient rapport with Ms. Guilbault so that this
could be done expeditiously.
25X1A
Assistant eral Counsel
Chief, Operations & Management Law Division
Atts
Tabs A through D
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Ntit%
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25 August 1958
NEMORADDUM FOR: Director of Personnel
SUBJECT: Disposition of Gifts From Foreign Governments
1. We have received your memorandum of 28 July 1958 regarding
our views on the disposition of gifts presented to Agency employees
by representatives of foreign governments. You pose two specific
questions, as follows:
ttja. If a determination is made that the individual may not
retain the gift, may there be a provision for returning it to him
when he leaves Government service?
"b. If a determination is made that the gift will be retained
? by the Agency, either indefinitely or pending the recipient's
retireMent or separation, may the gift be donated to a charitable
organization, such as the Public Service Aid Society, for sale?
(If it were intended that the gift ultimately be returned to the
? recipient) such sale would be made only upon his agreement.)"
2. Article 1, Section 9, Clause 8, of the Federal Constitution
reads as follows:
"Ho Title of Nobility shall be granted by the United States:
And no Person holding any Office of Profit or Trust under them,
shoal: N'fithout the Contlent of Congress, accept of any present,
Emolument, Office) or Title, of any kind whatever, from aAy King,
Prince, or Foreign State."
Wit
Title Section 115, of the U.. Code reads:.
"Any present, decoration, or other thing which shall be
conferred or presented by any forein government to any officer of.
the United States, civil, naval, or military, shall be tendered
throu0i the Department of SL.ate, and not to the individual in
person, but such present, decoration, or other thinr shall not be
delivered by the Departiilent of State unless SO authorized by net
of Concyess." ?
I? ??
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. . , , , ,
r
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SeCtiOn ILAU) Oi 11 iIiAl-ChlLO
"MO pii6f4TKAR6IWIE:AVI5A;c1,41yr.e Ct. ei to furnish to the 75th
Congress and to each alternaVe'aziggt5R,I7A59R#WRORR1W
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 President, on April 13, 1954, directed that after that date no 'equests
should be submitted for the consent of Congress to accept such gifts for
anyone except retired personnel.
4. To reply specifically to your question a., above, the gift may
be turned over to the employee only upon express authority of the Congress.
We would, of course, have obvious security obstacles to overcome before
seeking such legislation. question b.must be answered in the negative.
- There is no authority for the Agency to dispose of the gifts; they are
not Federal property.
5. The impasse created by this situation--in the State Department
it has become a genuine warehousing problem--together with a policy
disagreement within the Executive Branch, in which the Congress has shown
considerable interest, has led to the formation of the Interdepartmental
Committee on Gifts, of which the General Counsel of this Agency is a
member. This committee is to recommend legislation to Congress designed
to solve the many problems incident to administrative control over these
gifts. Enactment of such legislation is hoped for next session. We
recommend deferring any further attempts at solution of this problem
until Congress takes action, which action should provide guides for us
to follow within the framework of our particular needs.
I v
1 I ?
Office of Genecal Counsel
,
h
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(6) WM or decorations presented to a membet of the immediate fathily or
Approved Fgrolafthzipme01041t1/(4/RtZ3leclArRDRIZEN449?14000501104101Ect13 presented
to the employee.
(7) Personnel under cover will, as security and cover considerations dictate,.
comply with the regulations and practices of their cover organization re-
garding acceptance of gifts, money, or other items.
(8) The provisions of this subparagraph do not. govern the acceptance of for-
eign decorations by military personnel when authorized by legislation.
C. REPORTING ACCEPTANCE OF GIFTS AND DECORATIONS
(1) REPORT BY EMPLOYEE. If an employee or a member of his Immediate-
family or household receives a gift or a decoration from a foreign go?ye-in_
menVia?ei-nployee immediately submit a memorandum through
channels to the Director of PersonFel stating the names of recitiliFrit and
donor; an identification or description of the item and its estimated value
if a gift; and other pertinent information.
(2) RESPONSIBILITIES
(a) _Deputy Directors and Heads of Independent Offices_wo131,Ieview each
report submitted to them and advise the Director of Personnel ofn-f-
y or cover circumstances which affect the disposition of the
gift or award.
(b) The Director of Personnel will
(1) review each report, determine action to be taken, and advise the
employee through channels regarding disposition of the gift or
award;
(2) prepare and forward the necessary papers to Central Cover Staff
when he approves an employee's retention of a decoration from a
foreign government;
(3) notify the Honor and Merit Awards Board of foreign awards re-
ceived by Agency personnel; and
(4) provide for storage or other disposition of -awards or gifts not ap-
proved for retention by recipients and of items accepted on behalf
of the United States Government, Including for the latter tem-
porary loan to the recipient, if operationally necessary.
(c) The Central Cover Staff will request through cover channels the re-
.quired concurrence-of-the Secretary of State in an employee's retention
of a *foreign deCoration'and notify the Director of Personnel of the
action taken lo.S-FrOt_h-rgecretary of State.
Z. ENGAGING IN RIOTS A.ND CIVIL DISORDERS
(1) DEFINITIONS
(a) A riot is a public disturbance which involves the commission or threat
of an act of violence by one or more persons part of an assemlhage
of three or more persons, which act does or would inj-ure or damage
the person or the property of another individual. ' ? ?
(Ma A ciVil disorder is a public disturbance involving acts of violence by
assemblages of three or more persons, which acts cause an immediate
danger of or result In damage or injury to the property or person
of another individual.
(c) A felony is an offense for which imprisonment is authorized for a
tttrilk el?:ceeding ono year.
Itc-vt-a-a'r,: 9 July 1D70 (555)
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October 20, 175
Th Honorb1 3,,teden
Counsel to the President
The White House
Washington, D.C. 20500
ILLEGIB
Dear Mr. Buchen:
The Director, before he left Washington this afternoon
to address the 71st Annual Dinner of the Navy League of the
U.S. in New York this evening, asked that I have deliveTed
to you, today, an Agency policy position on acceptance by
its employees of gifts.
The policy statement is enclosed. With the policy
statement is an accompanying extract of the ap.12ropriate
Agency regulation on this matter. Minor deletions of
language have been made from the Agency regulation so that
we might present you with an unclassified document.
Sincerely,
Enclosure
"
(As Stated)
?
jot,r). F.
John F. Blake
Deputy Director
for
Advanistration
Distribution:
Original - Mr. Buchen w/Orig of Enclosure
1 - DCI w/cy of Enclosure
1 - w/cy oE Enclosure
- Si-aEr w/cy 0F Enclosure
- Sp.: c 'La] t o DC: I ( ?
.10,/A Subiuct.
Im/A Chc:o
yf',!,
i
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STATINTL
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ACCEPTANCE OF GIFTS FROM FOREIGN GOVERNMENTS -
The Agency's policy with respect to acceptance of gifts, awards or
decorations from foreign governments is contained in Headquarters
STATINTL Regulation This regulation is patterned on regulations issued
by the Secretary of the State as contained in 22 C.F.R. Part 3, which regula?
tions draw their authority from 5 U.S.0 C. 7342 and EX). 11320. Copies of
these are attached.
A gift or decoration having a retail value not exceeding $50 may be
accepted and retained by an employee, but a gift in excess of $50 is
determined to have been accepted on behalf of the United States and must be
deposited for use and disposal as the property of the United States. A gift
or decoration to a member of an employee's immediate family or household is
treated as a gift to him. Employees under official cover are directed by the
regulation to comply with the regulations and practices of their cover organiza-
tion. All employees are required to report all gifts to the Director of
Personnel, and the Deputy Director responsible for the employee will review
each report and advise the Director of Personnel of any security or cover
circumstances affecting the distribution of the gift. The Director of
Personnel is required to make a determination regarding the disposition, of
the gift anti in those cases where the employee may not retain it, the
Director of Personnel is required to provide for its storage or other disposition.
If there is a substantial operational necessity, the Director of Personnel may
permit the employee to be given the tenip.brary loan of the gift, i.e., union the
occasion of a visit by the foreign donor. Certain gifts are also retained by th,-
agency for purposes of official use such as display within offices but it is
clearly understood that the items are the property of the United States.
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'EXTRACT FROM CIA HEALWARTERs KLUULATIUN
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d. Acceptance of Gifts, Awards and Decorations
(1) Government employees are forbidden by law to give
presents to official superiors or accept them from
employees receiving lower salaries than themselves.
(2) ..No Agency employee may solicit or accept directly
or indirectly, from any person, corporation, or
group, domestic or foreign, anything of economic
value such as gift, gratuity, or favor, if it might
reasonably be interpreted by others as being of
such a nature that it could affect his impartiality
as an Agency employee, or if the employee has reasons
to believe that :the giver
(a) has or is seeking to obtain contractual or
other business relationships with the Agency;
(b) has interests which may be substantially
affected by the employee's performance or
nonperformance of his official duty; or
(c) is in any way attempting to influence the
employee's official actions.
It is recognized that in certain relationships
arising out of the special functions of this
Agency,
(3)
,* it may be necessary for
operational reason for an employee to partici-
pate in an exchange of gifts. There is no intent
to interfere with such exchanges where operationally
necessary. When a Government employee receives
a gift from someone havinga-contractual relation-
ship with the Government, there is a presumption
of an intent to influe'fice the employee's official
decisions or actions. The circumstances of the
* relationship may serve to
rebut this presumption. Some factors that may
be considered in rebuttal are local custom, the
operational relationship, and the value of the
gift. Employees are to do nothing to encourage
the presentation of gifts to themselves and will
accept gifts only when in their best judgment
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re- usal would interfere with the relationship
------- -------- ----- * to such a
degree as to result in harm to operations.
(4) No Agency employee may request or otherwise
encourage the presentation of a decoration -
%or gift from a foreign government; however,
deceratiOns or other items of honorary value
which are received may be retained by the
recipient, subject to approval by the Director
of personnel and concurrence of the Secretary
of State,.
A gift other than a decoration having a retail
value not exceeding $50 in the United States may _
be accepted and retained; but a gift exceeding
$50 in value is deemed to have been accepted on
behalf of the United States and will be deposited
by the donee for use and disposal as the property
of the United States.
. .
(6) Gifts or decorations presented to a member of the
immediate family or household of an employee are
considered gifts or decorations presented to the
employee'.
(7) Personnel * will, as security
.considerations dictate, comply with the regulations
and practices of their * organization regarding
acceptance of gifts, money, or other items.
(8) The. provisions of this subparagraph do not govern
Y' the:atteptance of foreign decorations-by military
personnel-when authorized by legislation. -
e. Reporting Acceptance of GifYs and Decorations
1
(1) Report by, Employe-e. If an employee or a member of
his immediate family or household receives a gift
or a deceration from a foreign government, the
employee will immediately submit a memorandum
through Channels to the Director of Personnel stating
the name of recipient and donor; an identification
or Idescr.;Lption of the item and its estimated value
if a gift; and othr poTtinent information.
(2) Respons
,
(a) 1)ty of 1111cTri_Jat
Cu i,t (:v L cpoct sutc!(2,
(5)
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them and advise the Director of Personnel of
any security * circumstances which
affect the disposition of the gift or award.
) The Director of Personnel will
(1)
review each report, determine action to
be taken, and advise the employee through
channels regarding disposition of the gift
or award;
(2) prepare and forward the necessary papers
* when he approves
an employee's retention of a decoration
from a foreign government; .
(3) notify the Honor and Merit Awards Board
of foreign awards received by Agency
personnel; and
(4) provide for storage or other disposition
of awards or gifts not approved for reten-
tion by recipients and of items accepted
on behalf of the United States Government,
including for the latter temporary loan to
the recipient if operationally necessary.
* will request through
* channels the required concurrence of
, the Secretary of State in an employee's reten-
tion of a foreign decoration and notify the
Director of Personnel of the action taken by
the Secretary of State.
(c) The
NOM, ? r . Or
1
?
DcR:Lcd 'ids p,:yrtaih i! source.,:. apd
(.1 hav clw1":! cau
bc
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Title 3--ChpteII E? 0. 11320
mauent residence. However, ofi-icers and eraployes oE ESRO, whato:?er
their nationality, shall be immune from suit and legal proce.As relatin2; to
acts perEormed by them la their o...T.cial capacity and falling within their
functions except insofar us such immunity may be, waived by ESRO.
? . ExecuIlve Order V1319. ?
AP.45.Nd;NG EXECUTIVE ORDER NO. 10707, ESTABLISHING A SAj
FOR THE UNITED STATF.5 COAST GUARD
By virtue Of-the authority vested in me as President of theArnited .
States, and upon ti-recommendation of the Secretary of.the Treasury,
Executive Order No. 1d7ar-Qof May 6,1957, is amendeny substituting -
for the second paragraph of-the order the following: -
? On a white disk the shielha Cod of Arms of the United
States (F....1y of thirteen pieces and gules a chiefa.zure
- between the motto c,'SEMPER.PARA.T LYS in red; circurn =crib
by a white amulet edged- and inscribed "1.1--41TED STATES
COAST GUARD 17901rin blue all in front Of twc7scrossed anchors
? with stock, ar.ms,.atd flukes in slight perspective in CI& super-
-. imposed upon.alight blue disk with gold rope rim.
The Wiarrn Rousz,
December 9, 1966.
? ? -
Execuliv4 Order 11320
DELEGATING AUTHORITY 10 PRF.SCRIBE RULES AND REGULATIONS .
RELATING TO FOREIGN GIFTS AND DECORATIONS
By ;virtue of the authority vested in me by Section .7 of the Foreign.
Gifts and Decorations Act of 1966 (Public Law 89473 ;_.80 Stat. 952)
and Section 301 of Title 3 of the United States Code, and. as President
of the United States, it is ordered as follows: ?
The-Secretary of. State, and, when,4,e;5ignated by the Secretary of
--State .for sAch. purpose, the Under -Sacre-tary of State, are hereby
designated and empowered to eierc-ie, without the approval, ratifica-
tion, or other action of the President, the authority con.ferrecl -upon the
President by Section. 7 of the Foreign Gifts and Decorations Act of
REGISTER. Act. Such rules and regulations shall be published in the
1966 to in-ascribe rules and regi.dations to carry out the purposes of . 1.7
? [\
Warr-F. libusE,
December 11?,1966'.
; f".! It. 32 Li.
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to cause offense or embarrenent or otherwise adversely affect.
the foreign ralations of the United States.
However, a ?oift of /more fbrin minimal value is deemed to have been
accepted on bebRIF of the United States and. shall be deposited by the
donee for use anddianosal as the property of the United States under
regulations prescribea under tbiq section.. .
(d) Congress consents to the accepting, retammg, and wearing by
an employee of a decoration tendered in recognition of active field
service in time of combat operations or awarded for other outstanding
or imusually meritorious performance, subject to the approval of the
agency, office or other entity in -which the employee is employed. and.
the concurrence of the Secretary of State.. Without th approval and
concurrence, the decoration shall be .clepoeited by the donee for use
and dispoSal as the property of the United States under regulations
prescribed under thi9 section.
(e) The President may prescribe regulations to carry out the pur-
pose of this section., (Added Pub. L. 90-83, ? 1(45) (0), Sept. 117 1967
.
81 Stat. 208.) ?
SO13C11APTER MISCONDUCT
? 7351. Gifts to superiors
An employee may not? ?
(1) solicit a contribution from another employee for a gift to
an official superior- ?
? (2) xnake a donation BS gii: t to an official superior or
(3) accept a gift from employee receiving less pay than
himself. ?
An employes -who violates this section shall be removed from. the serv-
ice. (Pub. L. 89-554..., Sept. 6,1966,80 Stat..527.)
? -
? 7352. Excessive and habitual -use of intoxicants -
An individual 'who habitually uses intoxicating beverages to excess
may not be employed in. tb.e compkitive service. (Pub.. L. 89454,
Sept. 6, 1966, 80 Stat. 527.)
CELLPTER. 75?ADVERSE ACTIONS
StIBGE.A.PrL7R
Sm
Cavae; procedura; aiception..
- SCI-BORAP.T.Eal 11-:44REFERIINCE r?LTen3rat5
?7511. DeflmItion.s. - ? ??
7512. Cause; procedure; elr.ceplAo.a.
SIMOCAPTSTI.
SEC.
7621. Remora-E.
Scc.
7,531.
-;75:32.
753.3.
sunemk..-(:-= BEd-MR.1TE
Su:.3-pi!usion. aid remoyal.
o.o
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Sat. 7341 234 -
?7a27. Political activity permitted; employees residing-in c;..,.rtain
' inunicipalides .
(a) Section 7324(a) (2) of t'l);s title does not apply to an employee
of The Alns:tza Ra.roaa -who resia in e. municipality on. the line of the
railroad in respect to -PO1iii.E2.1. ac-fi-iitiiie ire;w:Olving that municipality.
(b) The Civil Service Correelion may prescribe regulations per-
mitting employees and individuale to whom section 732A of thiR title
appli to take an active part in political managenienl and political
campaign involving the.municip silty or other political subdivision in
-which they reside, to the extent the Commission considers it to be in.
their domestic inter...? when?
(1) the municipality or political subdivision is in Maryland or
Virg -ri i a and in Cie- ?ininiecliele vicinity of theDistrict of Columbia,
or is a municipality in which the majority of voters are employed
by.the Government of the United States; and.
(2) the Commiwiore determines that because of special or
-unusual circumstances which e_st in th.e municip alit3r or political
. subdivision it is in the domestic interest of the employees and.
individuals to permit that political participation.
(Pub. L. 89-551, Sept. 6,196B SO Stat. 526.) .
SUBCHAPTER IV?FOREIGN GIFTS AND DT.',CORLTIONS
?7.341. Repealed: Pnb. L. 90-23, ? 1(45) (B), Sept. 11, 167, 81 Stat.
? 208. . z ?
?.7342. Receipt End disposition of foreign gifts and decorations
. (a) For the purpose of fhie section?
(1) "employee means? -
(A) an proplges as defined by section 2105 of this title;
(B) an individual employed by, or occupying an office or
position in the government of e. territory or; possession of
the United 'States. , or of the 'District of Columbia' ; -
C) a member of a uniformed. service ;-
D) the President;
E) a Member of Cortgresa as defused by. section 2106 of
thie title; and. ? - -
(F) a member of the fareily and :household of an indi-
vidual de-scribed in subparagraplas (A)-(E) of this
- . paragraph; - -? .... ? ? - ? ? -- - - - ?
(2) "forelgn g,overnment" means a foreign government and an
' official agent, or. representative thereof; - . . ... ... -
- "gift" iiie-ne a 1..)rent Or thine. other than a decoratiou.,
-ee
. tendered by or received from a foreign government; and
(4) "decoration" means an order, device, medal, badge, insig-
nia, or emblem ten de-re.d by or rec eived from a forpiga gove=ie-gt-
(b) An employee may not request or otheevrisa encourage the
tender of a gift o.,..- decoration_
(c) Cortgr., esa con.ents to?
(A) the accepting and retaining by lea employee of a gift of
minimal value ten:dere:I or rect-.?.ived ae a sow:ken:1r or mae1z of
courtesy; and
2) the acceptie. by- an unplo:.?,:.,. of a gift m
ft f oce than.mini-
c
ma .valu:!, viliE;n, it 1,..pi..s tl-vit f-,7> (.,r.L,.., i.he?gi ft -would be likely
?
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??-
?
cation la turn when applicable. The Chief
or the Office of Protocol will place on the
raster of persons 'duly notified. to the
United States" the nameo of all persons
currently accredited and, when applica-
ble, notified in turn, and will. maintaIn.
the roster as part of the official files of
the Department of State adding to and
deleting therefrom an cba-ng.,es In
creditations mon:. ? . .
For those persons not not-rrooly ac-
credited, the Chief of Protocol shall de-..
ten-nine upon receipt of notification,' by
letter from the fore= gover=oent or
international organization concerned,
whether any persczt who Is the subject of
such a notification has been duly nat.--
bed under the Act. Any inquiri by law
enforcement officers or other persons as
to whether a person has been duly noti-
fied sholl be directed to the Chief of
Protocol. The cleteroaktation of the Chief.
of Protocol that a person has been duly
noWdecl is final ? ?
(18 173.C. 1116(b) (2), 1116(c) (1); ee.c. 4 of
the Act of May 26, 194g, as a osendrd (22 U.S.C.
2658)) [Dept. Reg. 103.679, 37 P.R. 21318,
No7.22,1072] .
. . .
? 2.4 Designation of official guests;
The Chief of Protocol shall also Trii7n-
tain a roster of persons designated by
the Secretary of State as official gue.sts.
Any inquiries by law enforcement officers
or other persons as to whether a person
has been so designated shall be directed
to the Chief of Protocol. The designation
of a person as an official guest Is final.
Pursuant to section 2558 of title 22 of
the United 'States- Code, the authority:.
of the Secretary of State to perform the -
function of: designation of official guests
is hereby delegated through the Deputy
Secretary of State to the Deputy Under
Secretary of State for Management.
(13 '3.S.D. 1110(h) (2), 1116(c) (.4); Lec. 4 of
the .1ct of May 26, 1059; as ?ansenden? (29
2353)) [Dept. Reg. 103.879, 37 FR,. 21818;
Nor. 22, 1972J- " . . ? ?
?23 Ifeconi3. ...?
The Chief of Protocol shall maintain
as .a part of the official files of the Do-
partment of State a .coniulative roster
of all persons who have been duly noti-
fied as foreign officiaLs or designated a'rs
official guests under- this Part.. The
roster will reflect tho florae., position, na-
tionality, and foreign government or
international organization conr.2,2rne.r.-1 or
Purpose of visit as an official guest and
reflect thc date the person was accorded
re-so-roition as 11:-...!ng 'duly no lined to
MI:1498)300050001 0.C1 4,43
the Uoiroad. States" or as an
offichti guest and the date, if any, of
terril ton of such status.
-(18 1116(b) (2), /.113(c) (4); sec. 4 of
the Act of riny 28,1219.r...3 sznanded (23 U.5.13.
2633) ) [Dept- Reg. 108.579, 37 P.R. 24.3ts,
N07. 2'1,1972]
-
- --
PART 3-:-ACCEPTANCE OF G17-75 AND.
DECORATIONS- PROM FOREIGN
GOVERNMENTS -
3.1 ..27;..---ocae. ?
3.2 .Applition. or toOspszt. -
3.3 Definitions, ??
3.4 21.eler.se of gifts en4 de=etioas on
? 'deposit In the of Stap.
thoughOc tobe.1-1,%19e3.
3.5 Gifts and de-corstic.:_s, rec.:17:4 by ar-7
person after 0:-..rds-:.;er 14, 1286.
3.0 'Use or clispczal of V...f.t.1 end deco:et/one
which become the pror...ert-./ of the
Vatted States.
3.7 Re7cc.s.tion of preTicrms reEttiath3r-'8.. -
Atrcnonrr-t: The' pro-rldsm...1 of this Part 3
issued under sec. 4.63 Stat. 111, as e_,-nended,
sec. 7, 80 Stat. 952; 22 U.S.C. 2658, 2623, B.O.
11320, 31 FR- 15789; 3 CI7P. . 1963-1970, page
659. . .
Son-ac-e: The pro7isione of ti_-_os Part 3 con-
tained la Dept. Reg. 103.553, 32 P.R. 6559,
Apr. 28, 1967, wales.) on:tar-wise noted. ?
?U Purpose.
? The purpose of thIs pare Is to &stab--
lish uniform baste standards for the--
acceptance of gifts and decorations from
foreiga governments by U.S. Government
officers and employees, including mem-.
bers of the armed forces, and members
of the:families..
? 3.2 Applkation ol eras* part. ? '
. -
This part applies to all persons occupy-
ng an office or a position in the Enecu-
tive, Legislative. and Judicial branches of
the: Government of the -United States.
?3.3 Defintitions-
As use.d thiS.Part?
:fa) -The term "person" includes every.
person who occupies an office or a post-
.
don in the Government of the r United
States, its territories and possessions, the
Canal Zone Gover=ent. and the Gov-
ernment of the District Of Columbia, or
Is a member of the Armed Forces of the
'United States, or a. rneroolz ez- of the .fo_ooliy
and household of any such person. For
the purpose of this part, "member of the
fairilly and household" means a relative
by 1.01corl, rnarriag-e or adoption who Is a
of the househol'.-.1.
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(b) The .term "forel2n government"
Incl ea .e-cs every foreigra goverrament and
every officiel, r.gent,_or rePresentative
thereof.
(c) The term "gift" includes
present or thing; other than a decora-
tion, tendered by or received froem.
foreign government.
(d) The terra "decoration" includes
any order, device, medal, badge, Irtalg-
ria , oremblem tendered by or re!'xived
frora a foreign. government. . ? ??..
'(e) The terra "gift of minimal value"
Includes any present or other thing,
other than a decoraUca, which has 2, re.-
tail value not In excesa of $50 in the
United States. ? . .? ? ?
.:.(f) The term "outstaurlieeg unu,?-u,
ally meritorious performance?' Includes
perfonnance of duty by a person deter-
mined by the apOroPrtate agency to have
contributed to afl ituu-su2315" zignificaut
degree to the furtherance of good rela-
tions between- the, United States- rend
the foreign.. government_ tendering the
decoration. ? ? .
(g) The term "sPeoi. ,a1 or unusual cir-
currestences" includes any circumstances
Which would appear to make it improper
for the donee to receive a gift or decora-
tion, and also includes, in -some in-
stances, the very nature of the .gilt
Itself.
(h) The term "apploprinta agency"
means the dep-artnaent, agency, office, or
other entity in which a person. Is eta -*
ployed or enlisted, or to which he has
been appointed or elected_ If the donee
Is not so sersdng, but Is a rnaraber of the
family and household of such a?person,
then the "appropriate agency" is that in
Which the head of the household is.
serving.
(1). The term "aps....r.rial by the appro-
priate agency" Includes approval by such
person or persons as are duly authorized
? by such agency??to give. the approval
'required by these rerul, ations.
-? ? (j). `..rhe term ."Chief of .--Protceml-
raeans the Chief -of Pr.otocol of the
Department of State.
. .
'? 3.4. ? Pele-n!..a of gi fts ;Ara decoration.) on
ei:11-0-iit in enr. Dt-part.-nertt ol; Stata
-41-trong.h-Octob-cr 3.,,i?,.196 6, ? . ? '
Any gift. or de4eorration on deposit with
the I) epashent or State On the eff,:ictive
date of this part shall, following written
? application to. the Cble,t of Protocol and
subsequent: approval by the ?ChleZ or
Prote.lcol and the approprtte,agency, li
released through the ..,:ppropriate e.g&,_ncy
to the donee or his legal representati7a.
8
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Such donee may ale.e, 2:,.:thorlzed by
the approprlato agency. T,7?.-?-r any deco-
ration so- rel?eiLee.d. Appro7e2. for release-
wilt nonually be given unless,, frora the
special or unusual circ-).....2.__-.streaces in-:-
volved, It would appear to the. Chief of -
Protocol to ba improper t-o release- tile-
Item. Any gifts or dc-coee-tcne not aP-
pro7c:1 for release will. beconle the prep- ?
erty of the U.S. GoTer.r.=:ent and rti bee
used or disposed of in accordance with
the pro7Lsions of ? 3.6.
? 3.5 - Gifts and dEreorntion.3. rt-ce.17ed b7
any pen-loci a.fter Octob-tr 14,1966...7
? (a) General polic-g... No person ety,11
requt or otherwise enoc=ege the ten--
der of 2. girt or det7:7-tioit. e. .?
(b) Gifts of miircl eclze., Subject:
to individual agency regolations, table.
favors,. men:lentos, remernbrances,- or:
other tokens bestowed at- of2c-.12.1. .func?-?
tons, .and other gifts of reinizaal value-
received as SOlxver.1.-s. or marks of cour-
tesy from a foreign gove=enent may be
a?Ccepted and retained by the donee. The
burden of proof Is upon the? donee to
establish that the gift is of rn i-eleeal value 7
as defined by thig part.
(c) Gifts c/ more than. 7-4-?-rn-vlvdicl.e.. -
Where a gift of more thP value
Is tendered, the donor should be advised.
that It Is contary to the policy of the
*United States for persons in the service
thereof to accept substantial gifts.
however, the retuialer such e. gift would-
be likely to cause o'ffer_s-e or embarrass-
meat to the donor, or would adversely
affect the foreign relations of the United
State.s.., the gif t mak he accepted and shall
be deposited with the Chief of Protocol
for disposal in accordance with the pro-
visions of
(id) Decorations: Decorations re-
ceived rioicia.lhave been tendered in
recognition or active field service in con-
nection with combat operations, or which
have been awarded for 011t5Tanc.-.Tlaz or
unusually meritorious perfa=ance, =ay
be accepted and worn by the donee:wit:a
(1) the approval by the ? aporopriate
agency and (2) the concurrence of the
Chief of Protocol_ Within ? Dep-ar'v-
.
nfent Of S the. decision as to whether
a decoration has been awarded for out-
standing or unusuilly rii.e.ritorior.0 per-
formance will be th.e respon7;i? 11!7 of the. -
supervising ..kssistant Secretary of St.t..,f,
or comparable cMcer f:ar the p-7,cn.
In-
vo1vd. Li the absence of appreeel and
concurrence under this paragranh, the
occoration shall be.conse t rsperty of
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4140..
? d I all be de sited Soc.
the..13nitecl SI-
eates s Pe
iJy the do'? with the C'eajgato' Parriglc
the provisions of ? 3.6. Nothwithstanding
the foregoing, decorations tendered to
U.S. military personnel for service In
Viet-Nam may be accepted and. worn as
provided by the Act of October 19, 1985,
Public Law 69-257, 79 Stat. 932.
? 3.6 Uae or dip-oil or cif Liana deco-
...rations which become the propert7 of
the United Statea, . ?
? Any gift or decoration which becomes.
the property of the United States under:
this part may be retained for oticial use
by the appropriate agency with the ap-
proval of the Chief of Protocol. Gifts
and decorations not so retained-shell be
forwarded to the General Services Ad--
ministre.otion by the Chief of Protocol for.
transfer, donation, or other disposal
accordance with such instruction .a..s.reay
be furnished by that. oMcer. In the ab-
sence of such instructions, such property
will be transferred or disposed of by the
Gene.ral.Services Ari?-ninist-?ation In ac-
cordance with the provisions of the Fed-
eral Property .and Adeeinis tredve Serv-
ices Act of 1919, 63 Stat. 377, as amended,
and the Federal Property Maragement
Regulations (41 0.teet Ch. 101, Subchapter
H). Strtra''rd. Form 120, Report of ?,:-
ces.s. Persons.," Property, and Standard
Form 120A, Continuation SheAt, cs1k be
used in reporting such property, and the
Foreign Gifts and Decorations Act of
1966 shall be cited on the reporting clocu-
)alent. Such reports shall be submitted to
? General Service Administra. tion, Region.
3, Attention: Property Management and.
Disposal Service, Seventh and D Streets_
Wash ton, DC. 20407. ?
? 3.7 .13e7ocation of prerio-as reg71.1%.
flow.
. ?
The regulations in this part shall su-
persede all regulations heretofore in
effect concerning the acceptance of gifts
and decorations from foreign govern-
? ments to Person's in tha Service of the':
"United- States or to members of their
fe_wilies. ? ?
-PART 4?NOTWICATIOI?l 01;-?.FOREIQN.
ociat STATUS ? ?
? , ' ?
42 rerz-oas epi -from na xt..-cialre5mwat
? mato gi.e, noteace-JAtee? ? 4.6. T LT!tiOT o offZeici sraItia? aria
4.3 I'tzt-ra to b usE-cl. givIcg no ttftc:atIoit. departure: from he (Inizeti State*.
Fcrra. req u_tr.:,c1 In cl uplIcavt a. ?
?-4,5 ? Tim.-?. -tor -.no subrol-Izton of tha ? ? (a) The diplornatie miestore.,-; Wash..
forte_ ington should. notify the .:.-:e4.?-::7-etat'y of.;
6.0 TerraIaa.t.to a or ?me-1z stz.t.v..1 dapac-
IMAPrittgl4NVO?tAtibg16r8?
ur.clez sec. 10, 55 state 257, sec. 4, C3
Stat. 111 L.' 3 ezzaaried; 22 U.S.C. 623, 2e55.
- .
.Sorra=: of thi P'-rt ap-
at 22 P. 10713, Dec.. 27, 1037,
othar-r4L3a notad.
? 4.1 Perion_s recraired to notai.c.n.-
- .
All personsw?tio are entitled to exemp-
tion from the re.gistration. ar.ci Lager-
printing requirements of the Alien Reg-
istration Act of 1940 (54_, Stat. 670), es
amended, are required to give notifi-
cation to the Secretary of State of their
presence in the United States. Such?
persons comprise foreign government.
governMent?
officials, members of their fareilleq?ein.--
eluding relativesby blood or-marriage
regularly residing in or forming a part of
theirlhousehoid.), and their employee
-?s
and attendants. " ? ? ?
? -, ? ?
? 'Pers. ons frorn the
? crairement to 07t notification. _
AmbaaSa dors and TrlinIqter3, and reeM-
bers of their r-tissions named In the
Diplomatic List issued monthly by the
Department of State, are exempted from
the requirement to give notification to
the Secretary of State under this part,
? 4-3 Form to La usedusedin giving nott.6.c:a-
tion.
A Notification of Status with a Foreign
Government form is to be used by the
several diplomatic missions in. Washing-
ton in giving notifteadon of fore.1., o.M-
?cial status to the Secretary of State.. --r?
?4.4 Fornotrerrai.red tinplicate.
The form is to be submitted to the
Secretary of. State in duplicate. :
Timer Exult for thesubraldalorz of-
? the forna. ?
(a) The form is to be. submitted Within
a
30 days after th.e arrival Of the forellea -
?Metal- inethre'rilteet States or after a -
chang2 frcrtr n nonotichil. to an ofteial
(b) If the official status clatned is not
recognized by the Secretary of State, the
4.7,-pers'ont.stibmittirtrthe. form ffust refdee
ter within another 30 dee- tm?-!er the'
6.1 ? retitd_red .g1.7. not1263.tioa. ..-rinuirementes of the Alien Reestraderee. - -
r--
9
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Approved For Release 2001/08/27 : CIA-RDP79-00498A000500010016-8
1 7 MAR 1976
MEMORANDUM FOR: Chief, Cover and Commercial Staff
ATTENTION
:
FROM
?
SUBJECT
:
Mr.
Chief, Benefits and Services Division
-
Foreign Gifts and Decorations
?
25X1A
25X1A
1. Attached is a copy of my memorandum for record regarding
the last meeting with State on foreign gifts and decorations (TAn
A). Miss Guilbault seemed optimistic that her office would be
flexible regarding the amount of information required when we
forward items to Protocol.
2. If possible, I would like to begin a review of the
foreign gifts now on deposit with the Agency to determine those
that could be forwarded to Protocol and the amount of information
which could be provided. Attached is a copy of our last inventory
(TAB B). It is requested that a review of the inventory be
initiated to determine:
a. Gifts under $50 received prior to October 14, 196-6
can be released to individuals or their families based upon
prior discussions with Protocol. Indicate any cover pro-
blenis or restrictiomp in the release.
-
? !
b. Gifts over $50 received prior to October 14, 1966
may be releesed to individuals or-their families upon-con-
currence of Protocol, _Indicate any cover problems or
restrictions in seeking concurrence or releasing gifts.
c. Gifts over $50 received after October 14, 1966.
IndIcate any cover problems or restrictions in forwarding .
these gifts to Protocol or in seeking concurrence to retain-
'selected items for official use and display.
?
25X1A
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Approved For Release 2001/08/27 : CIA-RDP79-00498A000500010016-8
10 February 1976
S-WFINTL
MEMORANDUM FOR RECORD
FROM :
Chief, Benefits and Services Division
SUBJECT: Foreign Gifts
STATNTL
1. Miss Jane Guilbault and Mr. Richard Gookin of the Protocol
Office, Department of State, visited Miss and me today at
our invitation. I reviewed the discussions held at State in
December with our Committee members on foreign gifts and decorations.
Then I explained our regulations and procedures for handling this
pro
ram.
2. Miss Guilbault told us how she processes foreign gifts
turned into State from other agencies. She waits until she has a
large number of items and then four or five times a year she for-
wards a group of gifts to GSA for disposition as appropriate. There
has been, only one public auction' of such items by GSA and it was
apparently not considered a success.
' 3. Protocol may approve the retention of foreign gifts' or.
decorations by.. agencies for official use. They have a strict inter-
? pretation of this provision and insist that it be established that
- 'it-wauld be.appropriate to display-such an item in :t!he.office.-
They will hOi,' for in'st'ance., approve the retention Of. A watch-for:-
official' use ' In 'a test.caseDefense he9A that the officer needed;-'
to have the watch in the event of a visit of the. foreign
who .had presented-theift. State held that thisyas not an Official
use within the context of_the_established.rules and regulations?
4. At the conclusion of our meeting-, Miss Guilbault agreed tO
pursue the following with the Chief, Protocol:
a. Receipt of foreign gifts and decorations from CIA with
a minimum of information. The donor, donee, country of origin
and time of receipt may or may not be recorded depending upon
circww,tances. We would have back-up information if an
oFFicial nee.? inter c.;tabli,:hed.
h . Tho uotitd fon., f r our or live i fts or decora-
lio to avoid thc. a lar!..,,c gi oup of gifts
r, %-f?.
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Approved For Release 2001/08/27 : CIA-RDP79-00498A000500010016-8
c. The gifts or decorations would be forwarded by
memorandum to Chief, Protocol and Miss Guilbault would sign
a copy as a receipt for the courier.
d. A similar procedure to approve the retention of gifts
or decorations by the Agency for official use and display.
5. If we can reach agreement on the above items, there will
remain a continuing need for a "cooling off" period before a
majority of gifts and decorations are turned over to State. This
would be used to insure that a particular gift is not used to link
a donor or donee with the Agency. In both of our meetings with
State we have raised this point and indicated that we consider the
temporary retention of foreign gifts or decorations by the Agency
as an official use to protect intelligence sources and methods.-
^or ????? ran
STATINTL
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25X1C
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Next 7 Page(s) In Document Exempt
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SENDER WILL CHECK CLASSIFICATION TOP AND BOTTOM
uNcLAssiCppr 1 ved oraidaittierne1/ ii 8/2 : Q1ARIRIDP
, n
OFFICIAL ROUTING SLIP
TO
NAME AND ADDRESS
DATE
INITIALS
1
Deputy Chief BSD
BSD
Chief, BSD
Mr.
APR 9 APR 1976
7 C 18, Hq.
ACTION
DIRECT REPLY
PREPARE REPLY
APPROVAL
DISPATCH
RECOMMENDATION
COMMENT
FILE
RETURN
CONCURRENCE
INFORMATION
SIGNATURE
Remarks:
Mr.
Attached is the listing you requested.
Please note that this is not a complete
listing of gifts received by Agency
employees but reflects only those which
have been forwarded to Records Center for
storage.
- ,
E.
, ec onor
SE 69, Hq.
HERE TO RETURN TO SENDER
ADDRESS
and
x-4473
AND PHONE NO.
DATE
Merit Awards Boaiid
bi AP
1976
UNCLAnilf11...2.:.)NFIDENTIAL
-
SECRET
FOC ti MO. 237 Use previous editions
1-67
GPO , 074 0 -
(40)
9-0 498A000500010016-8
STATINTL
TINTL
STATINTL
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Approved For Release 2001/08/27 : CIA-RDP79-00498A000500010016-8
2 April 1976
MEMORANDUM FOR: Chief, information Systems Analysis Staff
FROM Chief, Agency Records Center
SUBJECT Foreign Gift Program
The following gifts have been received by the Records
Center from the Office of Personnel.
STATINTL
STATINTL
OP, Extension 4473 is the individual
who has the responsibility for forwarding and recalling the
gifts from the Records Center.
GIFT NO. -DESCRIPTION DATE RECEIVED
4
5
7
8
9
11
12
24
WATCH
BOKARA RUG
RING
SWORD
WATCH
PAINTING
CIGARETTE CASE
DAGGER
2/59
6/59
9/58
1960
1960
1961
1961
3/60
25
ANTIQUE FIREARM
1/60
27
PERSIAN RUG
4/60
29
PERSIAN RUG
9/60
30
RUGS
11/61
31
SCREENS-SILVER TRAY
6/61
32
RING
2/61
40
SILVER TEA SERVICE
9/62
41
WATER JUG
9/62
44
EARRINGS-PENDANT
5/65
65
SILVER CANDY BOX
5/65
66
SILVER STATUE
5/65
715/65
STATINTL
72
IiiiiIIISCREEN
3/65
96
TURKOMAN RUG
3/64
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STATINTL
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GIFT NO.
97
116
124
127
129
132
134
135
136
137
138
440-
1111111111139
44
42
47
148
149
151
153
154
155
156
DESCRIPTION DATE RECEIVED
SILVER BOWL 1964
PLATE-WATER PITCHER 3/68
IVORY STATUE 10/69
WATCH 8/69
WATCH 8/69
AMETHYST JEWELRY 10/69
WATCH 1/69
AMETHYST JEWELRY 10/69
AMETHYST JEWELRY 1/70
FLOWER BOWL AND STAND 2/70
WATCH 11/72
L EO P A R N-r-ar . ING-E
SILK SCREENS
COINS
SOAPSTONE STATUE
GOLD COIN PENDANT
THREE STEM CANDELABRA
ROLEX WATCH
9 MM PISTOL
RUG
WATCH
STERLING SILVER TRAY
WATCH
-2-
12/72
9/74 STATINTL
9/74
3/75
5/75
8/75
8/75
11/75
1/76
1/76
3/76
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STATINTL