GENERAL RULES OF CONDUCT APPLICABLE TO SPECIAL GOVERNMENT EMPLOYEES

0.735-203 Applicability of Subpart A of this part.

0.735-204 Use of Government employment. 0.735-205 Use of inside information.

0.735-206 Teaching, lecturing, and writing. 0.735-207 Coercion.

0.735-208 Gifts, entertainment, and favors. 0.735-209 Miscellaneous statutory provisions.

CONFLICT OF INTEREST STATUTES 0.735-210 Applicability of 18 U.S.C. 203 and 205.

0.735-211 Applicability of 18 U.S.C. 207. 0.735-212 Applicability of 18 U.S.C. 208.

CONSULTANTS AND ADVISERS

0.735-220 Advice on rules of conduct and conflict of interest statutes.

0.735-221 Industry, labor, agricultural, and other representatives.

Subpart A-Regular Employees

GENERAL PROVISIONS

§ 0.735-1 Purpose.

This part describes the standards of conduct required of all employees of the Treasury Department. The regulations in this part implement Civil Service Commission regulations (5 CFR Part 735) issued on October 1, 1965, in accordance with Executive Order 11222. The standards of conduct in this part are not to be considered all-inclusive and may be supplemented by bureaus to meet specific needs. The absence of a specific published standard of conduct covering an act tending to discredit an employee or the Department does not mean that such an act is condoned, is permissible or would not call for and result in corrective or disciplinary action.

§ 0.735-2 Scope.

This part covers three general types of employment situations as follows:

(a) Subpart A of this part sets the general policy and defines rules of conduct and procedures for all regular employees.

(b) Subpart B of this part applies to special Government employees, primarily advisers and consultants.

(c) Subpart C of this part sets forth additional rules and guide lines applicable to employees stationed in foreign countries.

§ 0.735-3 Policy.

(a) Executive Order 11222 of May 8, 1965, 18 U.S.C. 201 note, states the basic philosophy of conduct for those who carry out the public business:

Where government is based on the consent of the governed, every citizen is entitled to have complete confidence in the integrity of his government. Each individual officer, employee, or adviser of government must help to earn and must honor that trust by his own integrity and conduct in all official actions.

(b) Personnel of the Treasury Department are expected to adhere to the above stated principles and to standards of behavior that will reflect credit on the Government. The Department's position is that of having

confidence in its employees and of taking a positive and reasonable ap proach to the matter of maintaining the high standards of conduct necessary in the transaction of Treasury activities. Those few employees who violate the laws or the rules or regulations on conduct in this part will be disciplined in accordance with the gravity of the offenses committed.

(c) Disciplinary action may be in addition to any penalty prescribed by law. If disciplinary or other remedial action is necessary, it will be taken only after consideration of the explanation of the employee and will be effected in accordance with applicable laws and regulations. Remedial action may include, but is not limited to:

(1) Changes in assigned duties. (2) Disqualification for a particular assignment.

(3) Divestment by the employee of his conflicting interest.

(4) Disciplinary action.

§ 0.735-4 Definitions.

In this part:

(a) “Regular employee” or “employee" means an officer or employee of the Treasury Department, but does not include a special Government employee.

(b) "Special Government employee" means an officer or employee of the Treasury Department who is retained, designated, appointed, or employed to perform, with or without compensation, for not to exceed 130 days during any period of 365 consecutive days, temporary duties either on a full-time or intermittent basis.

(c) "Person" means an individual, a corporation, a company, an association, a firm, a partnership, a society, a joint stock company, or any other organization or institution.

reasonable question of conflict with his public duties and responsibilities. The potential conflict is of concern whether it is real or only apparent. The rules of the Treasury Department concerning conflicts of interest appear in §§ 0.735-33, 0.735-35, 0.735-36, and 0.735-38.

§ 0.735-21 Summary of provisions of criminal code.

The following is a brief summary of the provisions of the criminal code, 18 U.S.C., effective January 21, 1963, which define the conflicts of interest which are subject to fine and imprisonment. These provisions have been interpreted by the Attorney General in a memorandum distributed to Heads of Departments and Agencies, dated January 28, 1963, 28 FR 985 and published in a note following 18 U.S.C. 201. It should be noted that lesser prohibitions apply to special Government employees than to regular employees as indicated in Subpart B of this part.

(a) Section 203. Section 203 prohibits an employee from receiving, agreeing to receive or asking for, directly or indirectly, any compensation for services, otherwise than as provided by law, rendered by himself or another in relation to any matter in which the United States is a party or has a substantial interest before any Department or agency.

(b) Section 205. Section 205 prohibits an employee from (1) acting as an agent or attorney in prosecuting any claim against the United States or receiving any share of interest in such claim for assistance in its prosecution, or (2) acting as agent or attorney for anyone before any Department or agency in connection with any particular matter in which the United States is a party or has a direct and substantial interest. This section does not prohibit a regular Government employee from acting with official approval and with or without compensation as agent or attorney for his parents, spouse, child or any person for whom, or for any estate for which he is serving as guardian or other fiduciary, with certain exceptions set forth in that section. The provisions of this section and section 203 do not prevent an employ

ee, if not inconsistent with the faithful performance of his duties, from acting without compensation as agent or attorney for any person who is the subject of disciplinary, loyalty or other personnel administration matter in connection with such matter.

(c) Section 207(a). Section 207(a) prohibits a former employee at any time after his employment has ceased, from knowingly acting as agent or attorney for anyone other than the United States in connection with any particular matter involving a specific party or parties in which the United States has a direct and substantial interest and in which he participated personally and substantially as an employee.

(d) Section 207(b). Section 207(b) prohibits any such former Government employee within one year after his employment from appearing personally before any court or Department or agency as agent or attorney for anyone other than the United States in connection with any particular matter involving a specific party or parties in which the United States is a party or directly and substantially interested and which was under his official responsibility within 1 year prior to the termination of such responsibility.

(e) Section 208. Section 208 prohibits any employee from participating personally and substantially as a Government employee in any particular matter in which to his knowledge he, his spouse, minor child, partner, or organization in which he is an employee or prospective employee, has a financial interest. An employee may be exonerated from the provisions of this section if he makes full disclosure of the financial interest to the official responsible for his appointment and receives in advance a written determination by that official that the interest is not so substantial as to be likely to affect the integrity of his service.

(f) Section 209. Section 209 prohibits any employee from receiving any salary or any contribution to or supplementation of his salary as compensation for his services as an employee from any source other than the Government. This section does not apply to a special Government employee,

§ 0.735-30a Political activity.

Employees have the right to vote as they may choose and to express their opinions on all political subjects and candidates, but are forbidden to take active part in political management or campaigns (5 U.S.C. 7324). Political activity in some local elections is permissible; but before employees engage in such activity, they should familiarize themselves with the statutory provisions and the Civil Service Commission's regulations on this subject (5 U.S.C. 7324-7327 and 5 CFR Part 733). It is unlawful for employees to solicit, receive or to be concerned with political assessments, subscriptions, or contributions for any political purpose whatever from other employees (18 U.S.C. 602, 603, 606, 607). Employees may make voluntary contributions to a regularly constituted political organization for its general expenditures subject to the limitations set forth in 18 U.S.C. 608. Employees may be disqualified for employment for knowing