(e) Interagency or intra-agency memorandums or letters which would not be available by law to a private party in litigation with the Agency;

(f) Personnel and medical files and similar files the disclosure of which would constitute a clearly unwarranted invasion of personal privacy;

(g) Investigatory files compiled for law enforcement purposes except to the extent available by law to a private party;

(h) Contained in or related to examination, operating, or condition reports prepared by, on behalf of, or for the use of any agency responsible for the regulation or supervision of financial institutions; and

(i) Geological and geophysical information and data (including maps) concerning wells.

(a) In accordance with the policy of the Department of State, the Agency for International Development permits access to its classified foreign policy records by individuals engaged in private research as liberally as possible, consistent with the national interest, the maintenance of friendly relations with other nations, the efficient operation of the agency, and the administrative feasibility of servicing requests for access to such records.

(b) Access for research in the classified foreign policy records in A.I.D.'s custody will be governed by the regulations of the Department of State in respect thereto. Application for such access may be made to the Director, Information Staff, Agency for International Development, 21st and Virginia Avenue NW., Washington, D.C. 20523. The Director, Information Staff, in consultation with the Director, Historical Office, Department of State, will determine the action to be taken and advise the researcher. The regulations of the Department are in § 6.9 of Part 6, Chapter 1, of Title 22 of the Code of Federal Regulations.

The Joint Regulations of the Attorney General and the Comptroller General set forth in Chapter II of Title 4 of the Code of Federal Regulations prescribe standards for the administrative collection, compromise, termination, or suspension of agency collection action, and referral to the General Accounting Office and to the Department of Justice for litigation, of civil claims by the Federal Government for money or property. Except as set forth in this part, these standards (prescribed standards) shall be applied by the Agency for International Development (hereinafter designated as A.I.D.) with respect to its claims for money or property.

§ 213.2 Exceptions to applicability.

(a) The prescribed standards are not applicable to claims arising as a result of:

(1) Loans and sales for which collection and compromise authority is conferred by section 635 (g) (2) of the Foreign Assistance Act of 1961, as amended;

(2) Investment guaranty operations for which settlement and arbitration authority is conferred by section 635 (i) of the Foreign Assistance Act of 1961, as amended.

(b) The prescribed standards are not applicable to claims against any foreign country or any political subdivision thereof, or any international organization.

(c) The prescribed standards are not applicable in any instance where the Administrator of A.I.D. or his designee determines that the achievement of the purposes of the Foreign Assistance Act of 1961, as amended, or any other Act in whole or in part administered by A.I.D. requires a different course of action.

§ 213.3

Omission not a defense.

Failure by the A.I.D. to comply with any of the provisions of the prescribed standards or of the provisions of this part shall not be available as a defense to any debtor.

§ 213.4 Subdivision and joining of claims.

(a) A debtor's liability arising from a particular transaction or contract (for example, each individual Supplier's Certificate and Agreement with A.I.D.Form 282) shall be considered as a single claim in determining whether the claim is one not exceeding $20,000 exclusive of interest for the purpose of compromise or termination of collection action. Such a claim may not be subdivided to avoid the monetary ceiling established by the Federal Claims Collection Act of 1966.

(b) The joining of two or more single claims in a demand upon a debtor for a payment exceeding $20,000 does not preclude compromise or termination of collection action with respect to any one of such claims which does not exceed this amount exclusive of interest.

(a) Four years ago, in issuing Peace Corps Standards of Employee Conduct, Sargent Shriver said:

Following the letter of the law or staying within the shadow of ethical phrases will not suffice. Our undivided loyalty is owed to our Government. We will be judged by both fact and appearance. There is no place on the Peace Corps' team for those who cannot live comfortably with this high standard.

(b) In Executive Order No. 11222, the President recently directed the Civil Service Commission to require each agency head to review and reissue his agency's regulations regarding the ethical conduct and other responsibilities of all its employees. One of the main purposes of the regulations in this part is to encourage individuals faced with questions involving subjective judgment to seek counsel and guidance. The General Counsel is designated to be the counselor for the Peace Corps with respect to these matters. He and the Deputy General Counsel will give authoritative advice and guidance in this area to any Peace Corps employee who seeks it.

(c) Any violation of the regulations in this part may be cause for disciplinary action. Violation of those provisions of the regulations in this part which reflect legal prohibitions may also entail penalties provided by law.

(a) As provided by the President in Executive Order No. 11222, whether or not specifically prohibited by law or in the regulations in this part, no U.S. regular and special Government employees shall take any action which might result in, or create the appearance of:

(1) Using public office or employment for private gain, whether for themselves or for another person, particularly one with whom they have family, business, or financial ties.

(2) Giving preferential treatment to any person.

(3) Impeding Government efficiency or economy.

(4) Losing complete independence or impartiality.

(5) Making a Government decision outside official channels.

(6) Affecting adversely the confidence of the public in the integrity of the Government.

(7) Using Government office or employment to coerce a person to provide financial benefit to themselves or to other persons, particularly ones with whom they have family, business, or financial ties.

(b) Moreover, no regular or special employee may engage in criminal, infamous, dishonest, immoral, or notoriously disgraceful conduct, or other conduct prejudicial to the Government. § 301.735-3 Conflict of interest.

(a) Regular Government employees. A regular employee of the Government is in general subject to the following major criminal prohibitions:

(1) He may not, except in the discharge of his official duties, represent anyone else before a court or Government agency in a matter in which the United States is a party or has an interest. This prohibition applies both to paid and unpaid representation another.

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