AMENDED LAW ON FOREIGN GIFTS AND DECORATIONS

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP80M00165A000800260001-8
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 16
• Document Creation Date: December 15, 2016
• Document Release Date: January 9, 2004
• Sequence Number: 1
• Publication Date: December 28, 1977
• Content Type: MEMO

proved Forlaplease 2004/02/19 : CIA-RDP80M00165000080
THE CHIEF OF PROTOCOL
DEPARTMENT OF STATE
WASHINGTON, D.C. 20520
600044 RegiatrY
77- /W/
December 28, 1977
MEMORANDUM
TO : Heads of All Execut4me Branch Agencies
FROM: Evan S. Dobelle
SUBJ: Amended Law on Foreign Gifts and Decorations
Section 515 of the Foreign Relations Authorization
Act, Fiscal Year 1978, makes substantial changes in the
existing law regulating the acceptance and retention by
Federal employees of gifts and decorations from foreign
governments.
The text of Section 515 of the Authorization Act,
which amends Section 7342 of Title 5, US Code, is en-
closed along with a copy of the guidance material de-
veloped by the State Department in furtherance of its
responsibility under the amended law to assist other
Executive agencies in preparing their own regulations
to implement Section 515. Until each agency has developed
its own regulations, this guidance material should serve
in the orientation of personnel concerning their obli-
gations and responsibilities under the amended legislation,
which takes effect on January 1, 1978.
By the new law Congress gives its consent to an em-
ployee's accepting and retaining a foreign government
gift which has been tendered and received as a souvenir
or mark of courtesy and which is "of minimal value."
Minimal value, heretofore set by regulation at $50.00
or less at retail in the United States, has been defined
by PL 95-105 as "a retail value in the United States at
the time of acceptance of $100 or less," although the
law provides for redefining it at three-year intervals,
and also authorizes employing agencies to set it at a
lower figure by regulation if they choose.
Approved For For Release 2004/02/19 : CIA-RDP80M00165A000800260001-8
Approved Forgo lease 2004/02/19 : CIA-RDP80M0016S6000800260001i8
A special provision of the law requires the Presi-
dent to "direct all Chiefs of a United States Diplomatic
Mission to inform their host governments that it is a
general policy of the United States Government to pro-
hibit United States Government employees from receiving
gifts or decorations of more than minimal value." (The
amended law continues to condition Congress's consent
to an employee's accepting, retaining and wearing a
foreign decoration on its having been tendered in recog-
nition of active field service or unusually meritorious
performance and on the employing agency's approving such
acceptance and retention.) Accordingly the Department
of State has recently sent a circular instruction to all
US diplomatic and consular posts directing Chiefs of
Mission and heads of consular posts to conduct a thorough
and explicit program of orientation aimed at key officials
of the host government concerning operation of the new
and more stringent law. It should be of interest to
agency heads to know that the points to be particularly
stressed in that orientation program are the following:
(1) An employee may accept and retain a gift of
minimal value tendered and received as a souvenir
or mark of courtesy;
(2) With the exception of an education scholarship,
medical treatment, or, under stipulated conditions,
travel or expenses for travel, an employee may not
accept a gift of more than minimal value unless "it
appears that to refuse the gift would likely cause
offense or embarrassment or otherwise adversely
affect the foreign relations of the United States".
(3) If an employee accepts a tangible gift of more
than minimal value, such a gift is deemed to have
been accepted on behalf of the United States and,
upon acceptance, becomes the property of the United
'States which must by operation of law be deposited
by the donee with his employing agency within sixty
days for return to the donor, for official use within
the agency, or for disposal as surplus property in
accordance with applicable law;
(4) Since tangible gifts of more than minimal value
may not lawfully become the personal property of the
donee, foreign government officials should know that
Approved For Release 2004/02/19 : CIA-RDP80M00165A000800260001-8
Approved Foriaelease 2004/02/19 : CIA-RDP80M00165411000800260001-8
3
the obligation to refuse initial acceptance of
gifts whenever possible is being impressed upon
all United States Government employees, in order
that the unintended consequences of such acceptance,
including possible return of the gift to the donor,
may be avoided;
(5) The Attorney General may tile a civil action in
any United States district court against any employee
who has knowingly solicited or accepted a gift from
a foreign government in contravention of the statute,
or who has failed to deposit or report such gift as
the statute requires, with the possibility that the
court may assess a maximum penalty of the retail value
of the gift plus $5,000.
(6) Beginning with January 1979, the Secretary of
State must publish annually in the Federal Register
a comprehensive listing of all the detailed state-
ments required to be filed by Federal employees con-
cerning gifts of more than minimal value which they
have deposited during the preceding year; and finally,
(7) The definition of "employee" for purposes of
the statute is very broad, including for example,
an individual employed by or occupying an office
or position in the Government of the District of
Columbia; a member of a uniformed service; the
President and the Vice President; a Member of Con-
gress; an expert or consultant under contract with
the United States; and the spouse of an employee
(unless the employee and his or her spouse are
separated) or a dependent of an employee within the
meaning of section 152 of the Internal Revenue Code
of 1954.
The provisions of the law dealing with decorations
are essentially unchanged, except that the Department
of State is no longer required to concur in the acceptance,
retention, and wearing of a decoration tendered to an em-
ployee of another agency; in other words, only the employing
Approved For Release 2004/02/19 : CIA-RDP80M00165A000800260001-8
Approved For Release 2004/02/19 : CIA-RDP80M00165M00800260001-8
4
agency's approval is required. It is still important
for the foreign government to support every award of a
decoration to an employee of the United States Govern-
ment with a statement, preferably in the form of a
citation, which shows the basis for the tender of the
award, whether it is in recognition of active field
service in time of combat operations or for other out-
standing or unusually meritorious performance. Without
such documentation it may not be possible for the em-
ploying agency to approve the recipient's retaining and
wearing the decoration, in which event the decoration
must, like tangible gifts of more than minimal value,
be deposited for use and disposal as the property of
the United States.
Attention is also called to the new statute's
broadening of the definition of "foreign government"
to include (a) "any unit of foreign governmental
authority, including any foreign national, State, local.
and municipal government" and (b) "any international or
multinational organization whose membership is composed
of any unit of foreign government" described in (a).
The Office of the Chief of Protocol in the Depart-
ment of State continues to be responsible for administration
of the foreign gifts and decorations legislation within
this Department. That Office will, however, serve as
the depository only for those foreign gifts and decor-
ations that are turned in by employees of the Department
and the Foreign Service; employees of other agencies
must deposit any gifts or decorations which the law re-
quires them to deposit with their agency's depository
office, as yet to be designated in most instances.
Since Section 515 of PL 95-105 takes effect on
January 1, 1978, briefings of key officials of each
agency, establishment of offices and personnel to deal
with the new responsibilities each agency must assume
under the new law, and development of agency regulations
based on the guidelines furnished by the Department of
State should begin without delay
Enclosures:
1. Section 515 of Authorization Act
2. "Guidance to Executive Agencies -
Approved For Release 2004/02/19 : CIA-RDP80M00165A000800260001-8
Approved Forgo lease 2004/02/19: CIA-RDP80M001650000800260001-8
91 STAT. 862 PUBLIC LAW 95-105?AUG. 17, 1977
Report,
transmittal to
congressional
committees.
Appropriation
authorization.
Effective date.
22 USC 277d-3
note.
Definitions.
UNITED NATIONS SPECIAL ISESW,N ON DISARMAMENT
SEC. 513. Noting the decision of the United Nations General
Assembly to convene a special session on disarmament in the spring
of 1978 and recognizing the important role that comprehensive dis-
. armament could play in securing world peace and economic develop-
ment, the Congress requests that, at in appropriate date, the Secretary
of State report to the appropriate committees of the Congress on the
procedures which the executive branch is following in preparing for
the special session on disarmament and on United States objectives
for that special session.
? INTERNATIONAL .BOUNDARY AND wATEn COMM:31'0N
SEC. 514. (a) Section 2(2) of the Act entitled "An Act to authorize ?
conclusion of an agreement with Mexico for joint, measures for solution
of the Lower Rio Grande salinity problem", approved September 19,
196G (22 U.S.C. 277d-31). is amended by inserting immediately after
"ti25,000" the following: "based on estimated calendar year 1.976 costs,
plus or minus such =mints as may be justified by reason of ordinary
fluctuations in operation and maintenance costs involved therein.".
(b) Section 3 of the Act entitled "An Act to authorize the conclusion
of agreements with Mexico for joint construction, operation, and main-
tenance of emergency flood control works on the lower Colorado River,
in accordance with the provisions of article 13 of the 1944 Water Treaty
with 'Mexico. and for other purposes", approved August 10, 1964 (22
U.S.C. 277d-28), is amended by inserting immediately after "$30,000"
the following: "based on December 1975 prices, plus or minus such
amounts as may be justified by reason of ordinary fluctuations in oper-
ation and maintenance costs involved therein,". -
(c) Section 103 of the American-Mexican Treaty Act of 1950 (22
U.S.C. 277d-3) is amended by striking out "8100 per diem" in the sec-
ond sentence and inserting in lieu thereof "the maximum daily rate for
grade GS-15 of the General Schedule".
(d) The amendments made by this section shall take effect on
October 1, 1977.
FOREIGN err-rs AND DECORATIONS
SEC. 515. (a) (1) Section 7342 of title 5, United States Code, is
amended to read as follows:
"? 7342. Receipt and disposition of foreign gifts and decorations
"(a) For the purpose of this sectioe?
" (1) 'employee' means?
"(A) an employee as defined be section 2105 of this title
and an officer or employee of the United States Postal Service
or of the Postal Rate Commission;
"(B) an expert or consultant who is under contract under
section 3109 of this title with the United States or any agency,
department, or establishment thereof, including, in the case
of an organization performing services under such section,
any individual involved in the performance of such services;
11(C) an individual employed by, or occupying an office. or
position in, the government of a territory or possession of the
United States or the government of the District of Columbia;
Approved For Release 2004/02/19: CIA-RDP80M00165A000800260001-8
Ppeoeittvittyveaftv/197:7ciA-RDP8om000w99?0260
." D a member of a uniformed service;
"(E)the President and the Vice President;
"(F)a Member of Congress as defined by section 2106 of
this title (except the Vice President) and any Delegate to the 5 USC 2106.
Congress; and
"((1) the spouse of an individual described in subpara-
graphs (A) through (F) (unless such individual and his
or her spouse are separated) or a dependent (within the
meaning of section 152 of the Internal Revenue Code of 1954) 26 USC 152.
of such an individual, other than a spouse or dependent who
- is an employee under subparagraphs (A) through (F) ;
"(2) 'foreign government' means?
"(A) any unit of foreign governmental authority, includ-
ing any foreign national, State, local, and municipal govern-
ment;
"(B) any international or multinational organization
whose membership is composed of any unit of foreign govern-
ment described in subparagraph (A) ; and
"(C) any agent or representative of any such unit or
such organization, while acting as such;
"(3) 'gift' means a tangible or mtangible present (other than
a decoration) tendered by, or received from, a foreign
government;
"(4) 'decoration' means an order, device, medal, badge, insig-
nia, emblem, or award tendered by, or received from, a foreign
government; .
f "(5) 'minimal valee" means a retail value in the United States
at the time of acceptance of $100 or less, except that?
"(A) on January 1, 1981, and at 3 year intervals there- "Minimal value."
after, minimal value' shall be redefined in regulations triennial
prescribed by the Administrator of General Services, in redefinition.
consultation whit the Secretary of State, to reflect changes in
the consumer price index for the immediately preceding
3-year period; and
"(B) re,rt'ulations of an employing agency may define 'mini-
mal value' for i:s employeee,to beese than the. value estab-
lished under this paragraph ;and
"(6)'emploving itgency" means?
"(A) the Committee on Standards of Official Conduct ..f
the House of Representatives, for Members awl employees
of the House of EtTreeentatives, except that those respon-
sibilities specified in subsections (c) (2) (A). (e), and (g) (-
ei
(B) shall be carried nut by the Clerk of the House;
"(B) the Select Committee on Ethics of the. Senate, for
Sella tors and eteployees of the Senate;
"(C) the Administrative Office of the United States Courts,
for judges and judicial branch employees; mei
"(D) the departn Lent, egency, office, or other entity in which
an employee is employed, for other legislative branch
employees and for All executive branch employees.
"(h) An employee may not? Prohibited
"(1) request or otherwise encourage the tender of a gift or conduct.
. decoration; or
"(2) aeeept a gift or decoration other than in accordance with
the provisions of subsections (c) and (d). .
I ?I
1-8
Approved For Release 2004/02/19 : CIA-RDP80M00165A000800260001-8
Approved For Release 2004/02/19 : CIA-RDP80M0016801000800260001-8
91 STAT. 864 PUBLIC LAW 95-105?AUG. 17, 1977
Gifts, acceptance.
Designation as
U.S. property.
Gifts, deposition.
Employee
statement, filing.
Decorations,
acceptance and
deposition.
Gifts and
decorations,
disposal.
"(c) (1) The Congress consents to?
"(A) the accepting and retaining by an employee of a gift
? of minimal value tendered and received as a souvenir or
mark of courtesy; and
"(B) the accept ing.by an employee of a gift of more than
minimal value when such gift is in the nature of an educa-
tional scholarship or medical treatment or when it appears
that to refuse the gift would likely cause offense or
embarrassment or otherwise adversely affect the foreign
relations of the United States, except that?
a tangible gift of more than minimal value is
deemed to have been accepted on behalf of the United
States and. upon acceptance, shall become the property
of the United States; and
"(ii) an employee may accept gifts of travel or expenses
for travel taking place entirely outside the United
States (such as transportation, food, and lodging) of
more than minimal value if such acceptance is aypro-
priate, consistent with the interests of the Lmted
States. and permitted by the employing agency and any
regulations which may be prescribed by the employing
agency.
"(2) Within 60 days after accepting a tangible gift of more than
minimal value (oilier than a gift described in paragraph
(1) (B) (ii) ), an employee shall?
'(A) deposit the gift for disposal with his or her employing
agency; or
"(B) subject to the approval of the employing agency,
deposit the gift with that agency for official use.
Within 30 days after terin'nating the official use of a gift under
subparagraph (B), the employing agency shall forward the gift
to the Administrator of General Services in accordance with
subsection (e).
"(3) When an employee deposits a gift of more than minimal
value for disposal or for official use pursuant to paragraph (2),
or within 30 days after accepting travel or travel expenses as pro-
vided in paragraph (1) (B) (ii) unless such travel or travel
expenses are accepted in accordance with specific instructions of
his or her employing apncy, the employee shall file a statement
with his or her employing agency or its delegate containing the
information prescribed in subsection (f) for that gift.
"(d) The Congress consents to the accepting, retaining, and wear-
ing by an employee of a decoration tendered in recognition of active
field service in time of combat operations or awarded for other out-
standing or unusually meritorious performance, subject to the approval
of the employing agency of such employee. Without this approval, the
decoration is deemed to have been accepted on behalf of the United
States, shall become the property of the United States, and shall be
deposited by the employee, within sixty days of acceptance, with the
employinfr afrencv for-official use. or forwarding to the Administrator
of General Services for disposal in accordance with subsection (e).
"(a) Gifts and decorations that have been deposited with an employ-
ing agency for disposal shall be (1) returned to the donor, or (2)
forwarded to the Administrator of General Services for transfer,
App oved For Release 2004/02/19 : CIA-RDP80M00165A000800260001-8
Appromia-NMA102.1A01361.9ri,90.7DP8OM00169111199M012e1E01-8
donation, or other disposal in accordance with the provisions of the
Federal Property and Administrative Services Act of 1049. However,
leO gift or decoration that has been deposited for disposal may be sold
. without the approval of the Secretary of State, upon a determination
that the sale will not adversely affect the foreign relations of the United
States. Gifts and decorations Illay be sold by negotiated sale.
"t f) (1). Not later than January 31 of each year, each employing
agency or its delegate shall compile a listing of all statements filed.
during the preceding year by the employees of that agency pursuant
to subsection (c) (3) and shall transmit such listing to the Secretary
of State who shall publish a comprehensive listing of all such state-
ments in the Federal Register.
"(2) Such listings shall include for each tangible gift reported?
"(A) the name and position of the employee;
"(B) a brief description of the gift and the circumstances
justifying acceptance;
"(C) the,identity, if known, of the foreign government and the
name and position of the individual who presented the gift;
"(D) the date of acceptance of the gift;
"(E) the estimated value in the United States of the gift at the
time of acceptance; and
"(F) disposition or current location of the gift.
"(3) Such listings shall include for each gift of travel or travel
expenses?
"(A) the name and position of the employee;
"(B) a brief description of the gift and the circumstances
justifying acceptance; an,I
"(C) the identity, if known, of the foreign government and the
name and position of the individual who presented the gift.
"(4) In transmitting such listings for the Central Intelligence
Agency, the Director of Central Intelligence may delete the informa-
tion described in subparagraphs (A) and (C) of paragraphs (2) and
(3) if the Director certifies in writing to the Secretary of State that
the publication of such information could adversely affect United
States intelligence sources.
"(er) (1) Each employing agency shall prescribe such regelat ions as
may be necessary to carry out the purpose of this section. For all
employing agencies in the executive branch, such regulations shall be
prescribed pursuant to guidance provided by the Secretary of State.
ne:ee regulations shall be implemented by each employing agency for
is eniployees.
"(2) Each employing agency shall?
"(A.) report to the Attorney General cases in which there is
reason to believe that an employee has violated this section;
"(B) establish a procedure for obtaining an appraisal, when
necessary. of the value of gifts; and
"(C) take any other actions necessary to carry out the purpose
of this section.
"(h) The Attorney General may bring a civil action in any district
court of the United States against any employee who knowingly
solicits or accepts a gift from a foreign government not consented to
by this section or who fails to deposit or report such gift as required
by this section. The court in which such action is brought may asses a
penalty against such employee in any amount not. to exceed may
retail
value of the gift improperly solicited or received plus $5,000.
40 USC 471 note.
List, transmittal
to Secretary of
State.
Publication in
Federal Register.
,Contents.
CIA list,
deletions.
Regulations.
Civil actions.
Jurisdiction.
Penalty.
Approved For Release 2004/02/19 : CIA-RDP80M00165A000800260001-8
Approved For Release 2004/02/19: CIA-RDP80M001651000800260001-8
Appr
91 STAT. 866
22 USC 2458.
Effective date.
5 USC 7342 note.
Gifts, purchase
limitation.
22 USC 2694.
Report,
transmittal to
Speaker of the
House and Senate
committee.
- PUBLIC LAW 95-105--AUG. 17, 1977
"(i) The President shall direct all Chiefs of a United States Diplo-
matic Mission to inform their host. governments that, it is a general
policy of the United States Government to prohibit United States
Government employees from receiving gifts or decorations of more
than minimal value.
"(j) Nothi:ig in this section shall be construed to derogate any regu-
lation prescribed by any employing agency which provides for more
stringent limitations on the receipt of gilts and decorations by its
employees.
"(k) The provisions of this section do not apply to grants and other
forms of ar,: tance to which section 108A. of the Mutual Educational
and Cult ural Exchange Act of 1961 applies.".
(2) The amendment made by paragraph (1) of this subsection
shall take etTePt on Januar2.--1. 1918.
(b) (1) After Sept ember 80. 1917, no appropriated funds, other than
funds from the -Einergencies in the Diplomatic and Consular Service"
account of the Department of State, may be used to purchase any
tangible gift of more than minimal value (as defined in section 7342(a)
(5) of title 5, United States Code) for any foreign individual unle:ss
such gift has been approved by the Congrei.
(2) Beginning October 1, 1977, the Secretary of State shall annually
transmit to the Speaker of the House of Representatives and
the chairman of the Committee on Foreign Relations of the Senate a.
report containing details on (1) any gifts of more than minimal value
purchased with appropriated furls which were given to a foreign
individual during the previous fiscal year. and (2) any other gifts
of more than minimal value given by the United States Government
to a foreign individual which were not obtained using appropriated
funds.
Approved August 17, 1977.
?
LEGISLATIVE HISTORY:
HOUSE REPORTS No. 95-231 (Comm. on International Relations) and
No. 95-537 (Comm. of Conference).
SENATE REPORT No. 95-194 (Comm. on Foreign Relations).
CONGRESSIONAL RECORD, Vol. 123 (1977):
May 4, considered and passed House.
June 16, considered and passed Senate, amended.
July 28, Senate agreed to conference report.
Aug. 3, House agreed to conference report.
0
ved For Release 2004/02/19: CIA-RDP80M00165A000800260001-8
iPlinteciAcKfrVIVefialkittrainnTIMEnil
AGENCIES ON REGULATIONS IN IMPLEMENTATION OF
SECTION 515 OF P.L. 95-105, AMENDING SECTION
7342 OF TITLE 5, U.S. CODE, THE FOREIGN GIFTS
AND DECORATIONS ACT
SECTION 1. PURPOSE. The present guidelines are issued by
the Department of State in furtherance of its obligation under
Section 515(a)(1) of Public Law 95-105 (August 17, 1977) to
assist Executive agencies to prescribe regulations as may be
necessary to implement provisions of P.L. 95-105, relating to
foreign gifts and decorations.
SECTION 2, APPLICATION. Under the Foreign Gifts and Decora-
tions Act, as amended (the "Act"), each agency, as defined in
5 U.S.C. Section 7342(a)(6), is responsible, for monitoring
compliance by its employees with the Act. Under predecessor
legislation, the Department of State was charged with this
responsibility, but henceforth will be required only to file
annual reports based upon agency reporting (subsection (f)),
consulting with GSA in regard to the redefinition of "minimal
value", and determining under what circumstances gifts or
decorations deposited for disposal may be sold without causing
adverse effects to the foreign relations of the United States.
SECTION 3. DEFINITIONS. (Track language of P.L. 95-105)
SECTION 4. GIFTS AND DECORATIONS ACCEPTED ON OR AFTER
JANUARY 1, 1978.
(a) Each agency shall appoint an internal office responsi-
ble for ensuring that its employees become acquainted with the
requirements of P.L. 95-105 respecting the deposit with the
agency of gifts of more than minimal value and decorations,
the acceptance of travel expenses permitted by the agency in
accordance with its regulations, and the reporting on the
acceptance of both gifts and travel expenses. Each agency
shall periodically remind employees, as necessary, of the
requirements of the Act and implementing regulations and any
changes occurring in either of them. In this connection, each
agency shall establish a procedure by which employees may
acquire advice and assistance on any question relating to the
application or implementation of the Act or its regulations.
-(b) The office responsible for carrying out functions
specified in subsection (a) of this Section shall assume the
duty of implementing the requirements of subsection (c)(2) of
the Act relating to the deposit of gifts and decorations for
.disposal and their retention by the agency for official use. .
Approved For Release 2004/02/19 : CIA-RDP80M00165A000800260001-8
Approved For Release 2004/02/19 : CIA-RDP80M001654800800260001-8
2
The agency shall establish procedures as necessary to facili-
.tate employee compliance. These procedures may include, among
other things, the development of appropriate standardized forms
for the recording of gifts and decorations received and an
explanation of the circumstances surrounding their receipt.
Any actions taken by agencies in the fulfillment of the aims
expressed in this subsection shall also be directed at developing
the data necessary for the completion of the annual statements
required by subsection (f)(1) of the Act. .A11 publications
addressed to employees in furtherance of their compliance with
the Act shall contain reference to the -information on individual
gifts required by this subsection of the Act to be submitted
annually.
In advising employees of their responsibilities under the Act
as amended, the responsible agency officials shall impress upon
? the employees their obligation to refuse initial acceptance
of gifts whenever possible. Hence, the agency shall take all
practical measures to minimize the number of gifts deposited
by employees and, thus, rendered subject to the disposal
provisions under the Act.
(c) If an agency elects to permit retention of gifts
for official use in accordance with the provisions of
subsection (c)(2)(B) of the Act, it shall publish guidelines
as to the permissible types of official use, the circumstances
under which such retention of gifts will be allowed and the
office responsible for making the determination. Agency.
regulations shall be geared toward avoiding-to the maximum
extent possible arbitrary action in the approval of retention
of gifts for official use and ensuring that all employees are
assured the maximum opportunity for receiving the indirect
benefit of gifts retained for official use. For example, if
a painting is approved for retention, every effort should be
made to display it in an area accessible to the largest number
of employees and/or members of the public.
(d) Disposal of Gifts and Decorations...
i. Each agency shall establish a mechanism as appro-
priate for complying with the requirements of subsection (e)
of the Act and General Services Administration regulations
(41 CFR Part 101-49) respecting disposal of gifts and decora- _
tions. Whenever possible agencies shall effect disposal of
gifts through a return to the original donor. _
Agencies- shall examine the giftin question and the
Approved For Release 2004/02/19 : CIA-RDP80M00165A000800260001-8
3
Approved For Release 2004/02/19 : CIA-RDP80M001654000800260001-8-
, circumstances surrounding its donation and assess whether any
. adverse effect upon U.S. foreign relations might result from
Hthe return of the gift or decoration to the donor. Whenever
? such a question arises, the affected agencies shall consult with
appropriate officials in the Department of State.
ii. Gifts and decorations not retained for official'
use or returned to the donor shall be transferred, donated, or
otherwise disposed of in accordance with the provisions of the
Federal Property and Administrative Services Act of 1949,
63 Stat. 377, as amended, and the Federal Property Management
? Regulations (41 CFR Part 101-49).
iii. Whenever an agency determines that it is
necesary to establish a "minimal value" which is less than
that established under prevailing General Services Administration
regulations, such agency shall attempt to maximize employee
refusal of gifts which are of such "minimal value." The
purpose of this effort should be to minimize the number of
token gifts deposited with the agency and thus made subject to
the disposal provisions of the Act and appropriate regulations.
iv. When depositing gifts or decorations, employees
may indicate their interest in participating in any subsequent
sales of the items by the Government. Before gifts and decora-
tions are sold by the General Services Administration, however,
they must be offered for transfer to Federal agencies and for-
donation to the States. Consequently, agencies should advise
employees that there is no assurance that an-item will be sold
or, if it is sold, that it will be feasible for an employee to
participate in the sale. Instructions to employees should
emphasize that the primary aim of the Act is to discourage
?,receipt by employees of gifts of more than minimal value.
SECTION 5. INTRA-AGENCY ENFORCEMENT.
(a) The office within each agency charged with the
responsibility for monitoring compliance shall establish proce-
dures for taking prompt action to ensure that employees observe
and obey the time limits and other requirements set forth in -
subsection (c), paragraphs (2) and (3), of the Act. These
procedures shall be brought to the attention of all agency
employees. In addition to fulfillment of its obligation under
subsection (g)(2)(A) of the Act to report to the Attorney
General cases in which there is reason to believe that one
.of its employees has violated the reporting and other compliance
provisions of the Act, each agency shall establish appropriate
A roved For Release 2004/.02/19 ? C
4. Approved For Release 2004/02/19: CIA-RDP80M001650000800260001-8
disciplinary procedures to cover violations of the Act and its
tregulations, whether or not such violations result in the
taking of action by the Attorney General in accordance with
subsection .(h) of the Act. Such disciplinary measures shall
be designed to apply to employees who (1) fail to deposit
tangible gifts within 60 days after acceptance; (2) fail to
account properly for the acceptance of travel expenses, or
(3) fail to comply with the Act's requirements respecting dis-
posal of gifts and decorations retained for official use.
(b) The agency shall establish procedures for reviewing
cases in which there exists evidence of failure of any employee
to comply with the deposit and reporting requirements estab-
lished by the Act. If it is determined that an employee who
is the donee of a gift or is the approved recipient of travel
expenses has failed to comply with the procedures established "
by the Act through actions within his control, the agency shall
refrain from effecting an administrative resolution of the
matter, but rather shall refer the case to the Attorney General
for appropriate action. Where any dispute results from a
difference of opinion concerning the value of a gift, the agency
shall secure the services of an outside appraiser for the
purpose of determining whether the gift is more or less than
minimal value.
SECTION 6. DECORATIONS. Each employing agency is advised "
that in accordance with the Act it may authorize its employees
to accept, retain and wear decorations tendered in recognition
of active field service in time of combat operations or awarded
for other extenuating or unusual meritorious performance...
Eachapproval is subject to decision by the employing agency.
If the employing agency decides not to approve the acceptance,
retention and wearing of a particular decoration, the decoration
becomes the property of the United States and must be deposited
by the employee with the agency within 60 days of acceptance.
The agency may then elect to retain the decoration for official
use in accordance with guidelines established within the agency
or else must dispose of the decoration in accordance with
subsection (e) of the Act, and General Services Administration
Regulations (41 CFR Part 101-49), as described in Section 4 of
these 'guidelines.
SECTION 7. TRAVEL EXPENSES. Each agency shall notify its
employees of the circumstances under which favorable considera-
tion will be given to the acceptance of gifts of travel or
travel expenses as authorized in subsection (c)(1)(B)(ii) of
the Act. Except where an agency has specific interests which
Approved For Release 2004/02/19 : CIA-RDP80M00165A000800260001-8
5 Approved For Release 2004/02/19 : CIA-RDP80M0016541000800260001-8
may be favorably affected by employee travel wholly outside
the United States, and where the agency does not normally
authorize its employees to engage in such travel, the standards
normally applied to determine when such travel will be in the
best interests of the agency and the United States Government
shall be applied in approving acceptance of travel expenses
under the Act.
SECTION 8. MORE RESTRICTIVE AGENCY REGULATIONS ON RECEIPT
OF GIFTS AND DECORATIONS BY ITS EMPLOYEES.
In accordance with the provisions of subsection (j) of the
Act, each agency may provide more restrictive limitations on
the acceptance and retention by its employees of gifts and ?
decorations. For example, an agency may elect to establish
a limitation on the numbei of gifts regardless of the
individual value of each gift, received by an employee from
a single source. An agency may also wish to establish a
restriction against employees accepting gifts of more than
minimal value from foreign governments even where the intended
purpose of the gift tendered by the foreign official in
question is "personal" in nature.
Attachment:
Copy of Legislation
Approved For Release 2004/02/19 : CIA-RDP80M00165A000800260001-8
Ap
pripanunni agAnnrumn9Antl01-8
.orrtromerrirraL.mrir?r7MerLAS TON TOP AND BOTTOM
t UNCLASSIFIED i I CONFIDENTIAL I I SECRET
OFFICIAL ROUTING SLIP
TO
NAME AND ADDRESS
DATE
INITIALS
. , .
ACTION
DIRECT REPLY
PREPARE REPLY
APPROVAL
DISPATCH
RECOMMENDATION
COMMENT
FILE
RETURN
CONCURRENCE
INFORMATION
SIGNATURE
Remarks:
'
,
FOLD HERE TO RETURN TO SENDER
DATE
!ved For Release
00165
901:0 ,II
..
1111.1.111BarrWAcizliapi iiimg CONFIDENTIAL
CR ET
FORM O. ryI7 Use previous editions
Approved For Rerase 2004/02/19 ? CIA-RDP80M001650,0800260001-8
CENTRAL INTELLIGENCE AGENCY eYt,
WASHINGTON, D.C. 20505
20 December 1977
MEMORANDUM FOR ALL EMPLOYEES
1. I am proud to announce that the employees of CIA
exceeded their goal for the Combined Federal Campaign by pledging
over $296,000 to this fine cause. In addition to this achieve-
ment, which represents over 103% of our target, you also donated
$36,595 to the Educational Aid Fund and $7,874 to the Public
Service Aid Society.
2. I received a letter from the Honorable W. Michael
Blumenthal, Secretary of the Treasury and this year's Chairman
of the Combined Federal Campaign for the National Capital Area,
congratulating the Agency for having exceeded a most challenging
and meaningful goal this year. He also indicated that this year's
overall campaign will indeed set new standards for voluntary
support of health and social organizations by Federal employees
and that the campaign conducted within the Agency has played a
significant part in the total success.
3. Your generosity and your concern for those less fortu-
nate is further evidence of the fine character I have noted in
employees of this Agency. To all of the Chairpersons, Keypersons,
and to each and every one of you I extend my sincere appreciation
for your contribution to this great endeavor
STANS ELDA RNER
Director
Approved For Release 2004/02/19 : CIA-RDP80M00165A000800260001-8