for the purpose of listing in local directories. The release of such information should be with the understanding that the concern agrees to use it for directory purposes only. It is suggested that employees be permitted to withhold their names if they wish to do so. [22 F.R. 10482, Dec. 24, 1957, as amended at 27 F.R. 10929, Nov. 9, 1962] § 4.9 Reserved authority. The provisions of §§ 4.1 to 4.8 shall not operate to limit or restrict the discretionary authority of the Governor of the Farm Credit Administration or any deputy governor to release, or to authorize the release of, information by or pertaining to the Farm Credit Administration or any bank or association of the Farm Credit System. [22 F.R. 10482, Dec. 24, 1957] § 4.10 Official records generally. The Farm Credit Administration and the several banks or associations under its supervision keep confidential the classes of records enumerated in §§ 4.2, 4.4, 4.5, and 4.8. Information contained in other official records in the custody of the Farm Credit Administration or of a particular bank or association may be made available to persons directly and properly concerned upon written appli cation to the Farm Credit Administration or the particular bank or association. Such application must identify the specific information sought and must show how the applicant is concerned therewith. Such applications with respect to official records in the custody of the Farm Credit Administration may be granted by the Governor or any deputy governor or by the director or other division head in charge of the functions to which the records relate. Such applications with respect to official records in the custody of a particular bank or association may be granted by the chief executive officer of the bank or association in accordance with the provisions of this part. [22 F.R. 10482, Dec. 24, 1957, as amended at 27 F.R. 10929, Nov. 9, 1962] Except as specifically authorized by law or rules and regulations promulgated thereunder, no officer, employee, or agent of the Farm Credit Administration or any corporation (including associations) under its supervision: (a) Shall, in any manner directly or indirectly, participate in the deliberation upon, or the determination of, any question affecting his personal interests, those of any person related to him by blood or marriage, or those of any partnership, association, or any corporation in which he is directly or indirectly interested; (b) Shall, except in the performance of his official duties, divulge to another person, or utilize for his personal benefit or that of another, any fact or information acquired by such officer, employee, or agent, directly or indirectly, by virtue of his employment; (c) Shall speculate, directly or indirectly, in any agricultural commodity or product thereof, or in contracts relating thereto, or in the stock or membership interests of any association or corporation engaged in handling, processing, or disposing of any such commodity, οι product; (d) Shall accept or receive any salary, fee, commission, honorarium, or substantial gift, or other benefit for any purpose or in any way, directly or indirectly, from any borrower from or debtor to the Farm Credit Administration or any such corporation, or from any loan applicant or representative thereof; Provided, however, That such officer, employee, or agent may, with the written approval of the Governor and upon such conditions as the Governor may prescribe, accept compensation from such borrower, debtor, applicant, or representative for bona fide services rendered while on leave of absence without pay; And, provided further, That a person employed and compensated by a national farm loan association solely for the purpose of taking applications for loans may also receive compensation from applicants and borrowers for services as attorney, abstractor or insurance agent if waiver of § 4.5 may be submitted by any bank, association, or office concerned. Any such recommendation from a Federal land bank association or a production credit association shall be submitted through the appropriate Federal land bank or Federal intermediate credit bank, with the request that it be considered and forwarded to the Farm Credit Administration, if deemed advisable. Each such recommendation should be supported by a statement of facts and approved by counsel for the forwarding bank. The recommendation should be addressed to the General Counsel, Farm Credit Administration. [22 F.R. 10481, Dec. 24, 1957, as amended at 27 F.R. 10929, Nov. 1962] § 4.7 Officer or employee summoned as witness. If an officer or employee of the Farm Credit Administration or of any association or bank of the Farm Credit System is summoned as a witness in litigation to which neither the Government nor any farm credit agency is a party for the purpose of testifying and/or producing documentary evidence with respect to matters which he is forbidden by this part to disclose, he shall arrange, if possible, with counsel who obtained the summons, to be excused from testifying. If such an arrangement cannot be made, the officer or employee shall appear in response to the summons but, before testifying or producing documentary evidence as to information which this part requires shall be held in confidence, he shall respectfully advise the Court of this part against disclosure of such information and respectfully request of the Court that the confidential nature thereof be recognized and safeguarded. After so doing, the officer or employee may then testify or produce documentary evidence as to such information only to the extent and under the conditions directed by the Court. Upon receiving any such summons, the officer or employee may request advice and assistance from counsel for the agency with which he is connected and, for this purpose, the officers and employees of Federal land bank associations and production credit associations shall consult counsel for the appropriate Federal land bank or Federal intermediate credit bank. [22 F.R. 10481, Dec. 24, 1957, as amended at 27 F.R. 10929, Nov. 9, 1962] § 4.8 Information regarding personnel. Lists of employees shall not be released by an office or organization of the Farm Credit System without the approval of the Governor, a deputy governor, or a service director having general supervision over such office or bank concerned. This section is subject to the exceptions set forth below in paragraphs (a) to (e) of this section. (a) Taxing authorities shall be supplied, on request, with the names, addresses, and compensation of officers and employees of the Farm Credit Administration and of the officers, agents, and employees of any bank or association. Requests for such information relating to the registrars, chief reviewing appraisers, examiners, or other employees of the Farm Credit Administration shall be forwarded to the Accounting and Budget Division of the Farm Credit Administration. (b) A Federal land bank may release lists of the Federal land bank associations of its district, and their managers; and for use in connection with the designation of nominees for the Federal Farm Credit Board or the nomination and election of members of a district farm credit board by Federal land bank associations, a Federal land bank may release lists of the presidents and directors of Federal land bank associations of its district. (c) A Federal intermediate credit bank may release lists of the production credit associations of its district, and their secretary-treasurers; and for use in connection with the designation of nominees for the Federal Farm Credit Board or the nomination and election of members of a district farm credit board by production credit associations, а Federal intermediate credit bank may release lists of the presidents and directors of production credit associations of its district. (d) A bank for cooperatives may release lists of cooperative associations which hold stock in the bank or which have subscribed to its guaranty fund, and lists of the presidents of such cooperative associations, for use in connection with the designation of nominees for the Federal Farm Credit Board or the nomination and election of members of a district farm credit board. (e) The Farm Credit Administration and banks and associations may release employees' names, addresses, positions, and spouses' names to reputable concerns The provisions of §§ 4.1 to 4.8 shall not operate to limit or restrict the discretionary authority of the Governor of the Farm Credit Administration or any deputy governor to release, or to authorize the release of, information by or pertaining to the Farm Credit Administration or any bank or association of the Farm Credit System. [22 F.R. 10482, Dec. 24, 1957] § 4.10 Official records generally. The Farm Credit Administration and the several banks or associations under its supervision keep confidential the classes of records enumerated in §§ 4.2, 4.4, 4.5, and 4.8. Information contained in other official records in the custody of the Farm Credit Administration or of a particular bank or association may be made available to persons directly and properly concerned upon written application to the Farm Credit Administration or the particular bank or association. Such application must identify the specific information sought and must show how the applicant is concerned therewith. Such applications with respect to official records in the custody of the Farm Credit Administration may be granted by the Governor or any deputy governor or by the director or other division head in charge of the functions to which the records relate. Such applications with respect to official records in the custody of a particular bank or association may be granted by the chief executive officer of the bank or association in accordance with the provisions of this part. [22 F.R. 10482, Dec. 24, 1957, as amended at 27 F.R. 10929, Nov. 9, 1962] Except as specifically authorized by law or rules and regulations promulgated thereunder, no officer, employee, or agent of the Farm Credit Administration or any corporation (including associations) under its supervision: (a) Shall, in any manner directly or indirectly, participate in the deliberation upon, or the determination of, any question affecting his personal interests, those of any person related to him by blood or marriage, or those of any partnership, association, or any corporation in which he is directly or indirectly interested; (b) Shall, except in the performance of his official duties, divulge to another person, or utilize for his personal benefit or that of another, any fact or information acquired by such officer, employee, or agent, directly or indirectly, by virtue of his employment; (c) Shall speculate, directly or indirectly, in any agricultural commodity or product thereof, or in contracts relating thereto, or in the stock or membership interests of any association or corporation engaged in handling, processing, or disposing of any such commodity, o product; (d) Shall accept or receive any salary, fee, commission, honorarium, or substantial gift, or other benefit for any purpose or in any way, directly or indirectly, from any borrower from or debtor to the Farm Credit Administration or any such corporation, or from any loan applicant or representative thereof; Provided, however, That such officer, employee, or agent may, with the written approval of the Governor and upon such conditions as the Governor may prescribe, accept compensation from such borrower, debtor, applicant, or representative for bona fide services rendered while on leave of absence without pay; And, provided further, That a person employed and compensated by a national farm loan association solely for the purpose of taking applications for loans may also receive compensation from applicants and borrowers for services as attorney, abstractor or insurance agent if Credit Administration or any such corporation, or interfere with the efficient performance of his duties. § 5.2 Soliciting support in polls for district or Federal Farm Credit Board membership. (a) Bank personnel. No officer or employee of a Federal land bank, Federal intermediate credit bank, bank for cooperatives, or general agent's office shall take any part, directly or indirectly, in the designation of nominees for the Federal Farm Credit Board or in the nomination or election of a member of a district or Central Bank board of directors, or make any statement, either orally or in writing, which may be construed as intended to influence any vote in such designations, nominations, or elections. Action shall immediately be taken to dismiss, in accordance with applicable procedures, any such officer or employee who violates the provisions of this section. (b) Farm Credit Administration personnel. No officer or employee of the Farm Credit Administration except as authorized in the discharge of his or her official duties shall take any part, directly or indirectly, in the designation of nominees for the Federal Farm Credit Board or in the nomination or election of a member of a district farm credit board or the board of the Central Bank for Cooperatives or make any statement, either orally or in writing, which may be construed as intended to influence any vote in such designations, nominations, or elections. Any such officer or employee who violates the provisions of this section shall be dismissed. PART 6-LIMITATIONS AGAINST POLITICAL ACTIVITY FOR BANK PERSONNEL Sec. 6.1 General limitation. Prohibited activities. Permissible activities. Basis. 6.2 6.3 6.4 6.5 Activity through another person. 6.6 Employees on leave. 6.7 Part-time and intermittent employees. 6.8 Penalties for violation. 6.9 Further application of limitations. District board action. his charges for such other services are reasonable or at standard rates; (e) (1) Shall acquire, directly or indirectly (including acquisition by membership in syndicates), any lands or interests therein, including mineral interests, which are owned by any such corporation or which were thus owned at any time within the preceding 12 months. Definition: As used in this paragraph, "mineral interests" means any interest in minerals, oil, or gas, including, but not limited to, any right derived directly or indirectly from a mineral, oil, or gas lease, deed, or royalty conveyance; (2) Shall separately acquire, directly or indirectly (including acquisition by membership in syndicates), any mineral interests in lands which are mortgaged to any such corporation or which were thus mortgaged at any time within the preceding 12 months, but this shall not prohibit mineral interests being acquired incidentally with surface interests; (3) Shall acquire, directly or indirectly (including acquisition by membership in syndicates), any interests in lands (including mineral interests being acquired incidentally with surface interests) which are mortgaged to any such corporation or which were thus mortgaged at any time within the preceding 12 months, without obtaining the specific prior approval of the board of directors of such corporation (meaning the Federal land bank as agent in the case of the Federal Farm Mortgage Corporation) in addition to conforming with any other applicable regulations. Exception: This paragraph shall not apply to acquisitions by will or inheritance; nor to presidents and vice presidents of national farm loan associations and production credit associations; (f) Shall participate directly or indirectly in any transaction concerning the purchase or sale of corporate stocks or bonds, commodities, or other property for speculative purposes if such action might tend to interfere with the proper and impartial performance of his duties or bring discredit upon the Farm Credit Administration or any such corporation. Employees are not prohibited by this paragraph from making bona fide investments. When an employee is uncertain as to whether a contemplated transaction is prohibited by this paragraph, he should consult his immediate superior; (g) Shall at any time conduct himself in a manner which might cause embarrassment to or criticism of the Farm 6.10 AUTHORITY: §§ 6.1 to 6.10 issued under sec. 6(a)(1) of Farm Credit Act of 1937 as amended by sec. 201(b) of Public Law 86168, approved August 18, 1959, 78 Stat. 387. SOURCE: §§ 6.1 to 6.10 appear at 25 F.R. 233, Jan. 13, 1960. Under section 6(a) (1) of the Farm Credit Act of 1937, as amended by section 201(b) of the Farm Credit Act of 1959, effective January 1, 1960, appointments, promotions, and separations of officers and employees of the Federal land banks, Federal intermediate credit banks, and banks for cooperatives (sometimes referred to in this part as "Farm Credit banks" or simply "banks") shall be consistent with the laws under which such banks are organized and operate; shall be based on merit and efficiency and no political test or qualification shall be permitted or given consideration; and each district farm credit board shall, under rules and regulations prescribed by the Farm Credit Administration, provide limitations against political activity by officers and employees of such banks. § 6.2 General limitation. No employee (as used throughout these rules and regulations the term “employee" includes an "officer") of a Farm Credit bank shall use his official authority or influence for the purpose of interfering with an election or affecting the result thereof; neither shall he take any active part in political management or in political campaigns; but all such persons shall retain the right to vote as they may choose and to express their opinions on all political subjects and candidates. Specific activities which are considered to be prohibited by the general limitation are listed in § 6.3 and specific activities which are considered to be permissible under the general limitation are listed in $ 6.4. The general limitation against political activities is considered to prohibit the following specific activities: (a) Being a candidate for nomination or for election to a national or a State office, although running for a community office is permitted as noted in § 6.4(g); (b) Soliciting others to become candidates for nomination or election to partisan offices; (c) Campaigning for or against a political party or candidate; (d) Using automobile to transport voters, except customary riders or members of immediate family, to the polls; (e) Distributing campaign material; (f) Marching in a political parade; (g) Selling tickets for or otherwise actively promoting such activities as political dinners; (h) Writing for publication or publishing any article or letter soliciting votes for or against any political party or candidate; (i) Soliciting or receiving any assessment or contribution for any political purpose; (j) Making a political contribution in the bank building or to some other bank officer or employee. § 6.4 Permissible activities. The following specific activities are considered to be permissible under the general limitation against political activities: (a) Registering and voting as preferred; (b) Expressing opinions on all political subjects and candidates as long as it is not done in such a manner as to take an active part in political management or political campaigns of a partisan nature; (c) Making a voluntary campaign contribution to any regularly constituted political organization; (d) Displaying a political sticker on a private automobile if the use of stickers is permitted by local ordinance, but this should not be done while on duty conducting bank business; (e) Wearing a political badge or button while not on duty performing bank business; (f) Accepting appointment to such positions as justice of the peace and member of boards of education, school committees, and boards of public libraries and religious or charitable institutions if the farm credit board of the district decides the holding of these local offices will not conflict or interfere with the discharge of bank duties, but if such offices are elective, participation in a partisan political election is not permitted; (g) Participating in a nonpartisan local election in which party designation, nomination, and sponsorship are completely absent, and being a candidate for office in such an election and holding the office after election if the farm credit board of the district decides that holding it will not interfere with the bank employment; (h) Petitioning Congress or any Member of Congress, for example, writing the local Congressman and telling him how it is thought he should vote on any issue; |