Imágenes de páginas
PDF
EPUB

tion from other sources, indicates in the judgment of the counselor a conflict between the interests of an employee or special Government employee and the performance of his services for the Board, the counselor, or at his request the appropriate deputy counselor, shall consult with such employee or special Government employee, and when necessary with his superior, in an effort to resolve the conflict or appearance of conflict by any of the methods described in subparagraphs (1), (2), and (3) of § 1450.735-5 (c). If the matter is not resolved to the satisfaction of the counselor, the information concerning the conflict or appearance of conflict shall be reported to the Board by the counselor for disciplinary or other remedial action pursuant to the provisions of § 1450.735-5. In the latter event, written notice of such referral to the Board shall be given by the counselor to the affected employee or special Government employee. Such notice shall include advice that such employee or special Government employee will be provided an opportunity to explain to the Board the conflict or appearance of conflict.

(c) In order to preserve the standards of honesty, integrity, and impartiality required of Government employees in accordance with the provisions of section 208, title 18, United States Code, and the regulations in this part, every employee, whether or not designated in § 1450.73542, should use extreme care to avoid participation in any matter with respect to which he has a financial or other interest which, whether or not required to be reported under Subpart D of this part, would conflict or appear to conflict with his performance of services for the Board. If a matter is assigned to an employee having such an interest, he shall forthwith report such interest through his immediate superior to the appropriate deputy counselor. If the deputy counselor is unable to resolve the conflict or appearance of conflict, he shall so report to the counselor, who shall then proceed as in paragraph (b) of this section.

(d) Section 208, title 18, United States Code, reads as follows:

SEC. 208. Acts affecting a personal financial interest. (a) Except as permitted by subsection (b) hereof, whoever, being an officer or employee of the executive branch of the U.S. Government, of any independent agency of the United States, or of the District of Columbia, including a special Gov

ernment employee, participates personally and substantially as a Government officer or employee, through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or otherwise, in a judicial or other proceeding, application, request for a ruling or other determination, contract, claim, controversy, charge, accusation, arrest, or other particular matter in which, to his knowledge, he, his spouse, minor child, partner, organization in which he is serving as officer, director, trustee, partner or employee, or any person or organization with whom he is negotiating or has any arrangement concerning prospective employmen has a financial interest

Shall be fined not more than $10,000, cr imprisoned not more than 2 years, or both.

(b) Subsection (a) hereof shall not apply (1) if the officer or employee first advises the Government official responsible for appointment to his position of the nature and circumstances of the judicial or other proceeding, application, request for a ruling or other determination, contract, claim, controversy, charge, accusation, arrest, or other particular matter and makes full disclosure of the financial interest and receives in advance a written determination made by such official that the interest is not so substantial as to be deemed likely to affect the integrity of the services which the Government may expect from such officer or employee, or (2) if, by general rule or regulation published in the FEDERAL REGISTER, the financial interest has been exempted from the requirements of clause (1) hereof as being too remote or too inconsequential to affect the integrity of Government officers' or employees' services. Added Pub. L. 87-849, § 1(a), October 23, 1962, 76 Stat. 1124. [31 F.R. 2928, Feb. 19, 1966 as amended at 32 F.R. 13187, Sept. 16, 1967]

§ 1450.735-5 Disciplinary and other remedial action.

(a) Any violation of the regulations in this part, by an employee or special Government employee, may be cause for disciplinary action, which may be in addition to any penalty prescribed by law.

(b) When, after consideration of the explanation of the employee or special Government employee provided by § 1450.735-4(b), the Board decides that remedial action is required, the Board will take immediate action to end the conflicts or appearance of conflicts of interest.

(c) Remedial action under paragraph (a) or (b) of this section may include, but is not limited to:

(1) Changes in assigned duties;

(2) Divestment by the employee or special Government employee of his conflicting interest;

(3) Disqualification for a particular assignment; or

(4) Disciplinary action.

Remedial action, whether disciplinary or otherwise, will be effected in accordance with any applicable laws, Executive orders, and regulations.

§ 1450.735-6 Notice to employees.

Within twenty (20) days after the effective date of the regulations in this part, or of any amendment thereto, each employee and special Government employee shall be provided with a copy of this part, or of such amendment. Each new employee or special Government employee appointed thereafter shall be provided with a copy of this part, and all amendments thereto, at the time of his entrance on duty. At least semiannually, the regulations in this part shall be brought to the attention of all employees and special Government employees, each of whom shall be required at each such time to execute a statement in form as follows:

I have read and I understand the provisions of Part 1450 of the Renegotiation Board Regulations, and I agree to abide thereby as long as I remain an employee of The Renegotiation Board.

It shall be the responsibility of the Director, Office of Administration, to carry out the provisions of this section.

§ 1450.735-7 Financial interests exempted from statutory prohibition. Pursuant to the provisions of subsection (b) of 18 U.S.C. 208, the Board has determined that the following financial interests are too remote or too inconsequential to affect the integrity of the services of its employees, and therefore has exempted such interests from the requirements of this part: Investments in widely held diversified mutual funds (i.e., open-end management investment companies as defined by section 5 of the Investment Company Act of 1940, 15 U.S.C. 80a-5) in which the employee does not serve as a director, officer, partner, or adviser.

[32 F.R. 13187, Sept. 16, 1967]

Subpart B-Ethical and Other Conduct and Responsibilities of Employees § 1450.735-21 Proscribed actions.

An employee shall avoid any action, whether or not specifically prohibited by this subpart, which might result in, or create the appearance of:

[blocks in formation]

(a) Except as provided in paragraph (b) of this section, an employee shall not solicit, or accept, directly or indirectly, any gift, gratuity, favor, entertainment, loan, or any other thing of monetary value, from a person who:

(1) Has, or is seeking to obtain, contractual or other business or financial relations with the Board;

(2) Conducts operations or activities that are within the scope of the Renegotiation Act of 1951, as amended; or

(3) Has interests that may be substantially affected by the performance or nonperformance of the employee's official duty.

(b) There are excepted from the prohibitions contained in paragraph (a) of this section:

(1) Transactions governed by obvious family or personal relationships (such as those between the parents, children, or spouse of the employee and the employee) when the circumstances make it clear that it is those relationships rather than the business of the persons concerned which are the motivating factors;

(2) Acceptance of food and refreshments of nominal value on infrequent occasions in the ordinary course of a luncheon or dinner meeting or on an inspection tour where an employee may properly be in attendance;

(3) Acceptance of loans from banks or other financial institutions on customary terms to finance proper and usual activities of employees, such as home mortgage loans; and

(4) Acceptance of unsolicited advertising or promotional material, such as pens, pencils, note pads, calendars, and other items of nominal intrinsic value.

(c) An employee shall not solicit a contribution from another employee for a gift to an official superior, make a donation as a gift to an official superior, or accept a gift from an employee receiving less pay than himself (5 U.S.C. 7351). However, nothing herein contained shall prohibit a voluntary gift of nominal value or donation in a nominal amount, made on a special occasion such as marriage, illness, or retirement.

(d) An employee shall not accept a gift, present, decoration, or other thing from a foreign government unless authorized by Congress as provided by the Constitution and in Public Law 89-673, 80 Stat. 952 (22 U.S.C. 2621-2626).

(e) Neither this section nor § 1450.73523 precludes an employee from receipt of bona fide reimbursement, unless prohibited by law, for expenses of travel and such other necessary subsistence as is compatible with this part for which no Government payment or reimbursement is made. However, this paragraph does not allow an employee to be reimbursed, or payment to be made on his behalf, for excessive personal living expenses, gifts, entertainment, or other personal benefits, nor does it allow an employee to be reimbursed by a person for travel on official business under Board orders when reimbursement is proscribed by Decision B-128527 of the Comptroller General dated March 7, 1967.

[31 F.R. 2928, Feb. 19, 1966, as amended at 32 F.R. 13187, Sept. 16, 1967] § 1450.735-23 Outside

and other activity.

employment

(a) An employee shall not engage in, or conduct negotiations or arrangements for, outside employment or other outside activity not compatible with the full and proper discharge of the duties and responsibilities of his employment with the Board. Incompatible activities include but are not limited to:

(1) Acceptance of a fee, compensation, gift, payment of expense, or any other thing of monetary value in circumstances in which acceptance may result in, or create the appearance of, conflicts of interest; or

(2) Outside employment which tends to impair his mental or physical capacity to perform his duties and responsibilities as an employee in an acceptable manner.

(b) An employee shall not receive any salary or anything of monetary value from a private source as compensation for his services to the Government (18 U.S.C. 209).

(c) Employees are encouraged to engage in teaching, lecturing, and writing that is not prohibited by law, the Executive order, the Civil Service Regulations, or this part. However, an employee shall not, either for or without compensation, engage in teaching, lecturing, or writing, including teaching, lecturing, or writing for the purpose of the special preparation of a person or class of persons for an examination of the Civil Service Commission or Board of Examiners for the Foreign Service, that is dependent on information obtained as a result of his employment by the Board, except when that information has been made available to the general public or will be made available on request, or when the Board gives written authorization for the use of nonpublic information on the basis that the use is in the public interest. In addition, a member of the Board, covered by section 401(a) of the Executive order, shall not receive compensation or anything of monetary value for any consultation, lecture, discussion, writing, or appearance the subject matter of which is devoted substantially to the responsibilities, programs, or operations of the Board, or which draws substantially on official data or ideas which have not become part of the body of public information.

(d) [Reserved]

(e) This section does not preclude an employee from:

(1) [Reserved]

(2) Participation in the activities of national or state political parties not proscribed by law.

(3) Participation in the affairs of or acceptance of an award for a meritorious public contribution or achievement given by a charitable, religious, professional, social, fraternal, nonprofit educational and recreational public service, or civic

organization.

[31 F.R. 2928, Feb. 19, 1966, as amended at 32 F.R. 13187, Sept. 16, 1967; 33 F.R. 8226, June 1, 1968]

§ 1450.735-24 Financial interests.

(a) An employee shall not:

(1) Have a direct or indirect financial interest that conflicts substantially, or appears to conflict substantially, with his duties and responsibilities as an employee; or

(2) Engage in, directly or indirectly, a financial transaction as a result of, or primarily relying on, information obtained through his employment with the Board.

[blocks in formation]

§ 1450.735-26 Misuse of information.

For the purpose of furthering a private interest, an employee shall not, except as provided in § 1450.735-23 (c), directly or indirectly use, or allow the use of, official information obtained through or in connection with his employment by the Board which is not available to the general public.

[31 F.R. 2928, Feb. 19, 1966, as amended at 33 F.R. 8226, June 1, 1968. Redesignated at 32 F.R. 13187, Sept. 16, 1967]

§ 1450.735-27 Indebtedness.

An employee shall pay each just financial obligation in a proper and timely manner. For the purpose of this section, a "just financial obligation" means one acknowledged by the employee, or reduced to judgment by a court, or imposed by law, such as Federal, State, or local taxes; and "in a proper and timely manner" means in a manner which the Board, if consulted, determines does not, under the circumstances, reflect adversely on the Government as his employer. In the event of dispute between an employee and an alleged creditor, this section does not require the Board to determine the validity or amount of the disputed debt.

[Redesignated at 32 F.R. 13187, Sept. 16, 1967]

§ 1450.735-28 Gambling, betting, and lotteries.

An employee shall not participate, while on Government-owned or leased property or while on duty for the Government, in any gambling activity including the operation of a gambling device, in conducting a lottery or pool, in a game for money or property, or in selling or purchasing a numbers slip or ticket. However, this section does not preclude activities under section 3 of Executive Order 10927 (relating to fund raising) or Board-approved activities of a similar

nature.

[Redesignated at 32 F.R. 13187, Sept. 16, 1967]

§ 1450.735-29

General conduct; conduct prejudicial to the Government. (a) Every employee shall conduct himself in such a manner that the work of the Board is effectively accomplished, observing at all times the requirements of courtesy, consideration and promptness in dealing with representatives of other Departments and Agencies, contractor representatives, and the general public.

(b) An employee shall not engage in criminal, infamous, dishonest, immoral or notoriously disgraceful conduct, or other conduct prejudicial to the Government.

[Redesignated at 32 F.R. 13187, Sept. 16,

1967]

§ 1450.735-30 Miscellaneous statutory provisions.

In addition to the regulations in this part and Part 1480 of this subchapter, each employee shall acquaint himself with each statute that relates to his ethical and other conduct as an employee of the Board and of the Government. The attention of employees is directed to the following statutory provisions:

(a) Section 113 of the Renegotiation Act of 1951, as amended, relating to the prosecution of claims against the United States (50 U.S.C., App. 1223).

(b) The prohibition against disclosure of information in any Federal income tax return (Int. Rev. Code of 1954, Sec. 55(f) (1); 26 U.S.C. 7312).

(c) House Concurrent Resolution 175, 85th Congress, 2d Session, 72 Stat. B12, the "Code of Ethics for Government Service."

(d) Chapter 11 of Title 18, United States Code, relating to bribery, graft, and conflicts of interest, as appropriate to the employees concerned.

(e) The prohibition against lobbying with appropriated funds (18 U.S.C. 1913). (f) The prohibitions against disloyalty and striking (5 U.S.C. 7311, 18 U.S.C. 1918).

(g) The prohibition against the employment of a member of a Communist organization (50 U.S.C. 784).

(h) The prohibitions against (1) the disclosure of classified information (18 U.S.C. 798, 50 U.S.C. 783); and (2) the disclosure of confidential information (18 U.S.C. 1905).

(i) The provision relating to the habitual use of intoxicants to excess (5 U.S.C. 7352).

(j) The prohibition against the misuse of a Government vehicle (31 U.S.C. 638a (c)).

(k) The prohibition against the misuse of the franking privilege (18 U.S.C. 1719).

(1) The prohibition against the use of deceit in an examination or personnel action in connection with Government employment (18 U.S.C. 1917).

(m) The prohibition against fraud or false statements in a Government matter (18 U.S.C. 1001).

(n) The prohibition against removing, concealing, mutilating or destroying a public record (18 U.S.C. 2071).

(0) The prohibition against counterfeiting and forging transportation requests (18 U.S.C. 508).

(p) The prohibitions against (1) embezzlement of Government money or property (18 U.S.C. 641); (2) failing to account for public money (18 U.S.C. 643); and (3) embezzlement of the money or property of another person in the possession of an employee by reason of his employment (18 U.S.C. 654).

(q) The prohibition against unauthorized use of documents relating to claims from or by the Government (18 U.S.C. 285).

(r) The prohibitions against political activities in subchapter III of chapter 73 of title 5, United States Code, and 18 U.S.C. 602, 603, 607, and 608.

(s) The prohibition against an employee acting as the agent of a foreign principal registered under the Foreign Agents Registration Act (18 U.S.C. 219). [31 F.R. 2829, Feb. 19, 1966, as amended at 32 F.R. 13188, Sept. 16, 1967]

[blocks in formation]

A special Government employee shall not use his employment by the Board for a purpose that is, or gives the appearance of being, motivated by the desire for private gain for himself or another person, particularly one with whom he has family, business, or financial ties.

§ 1450.735-32 Use of inside information.

(a) A special Government employee shall not use inside information obtained as a result of his employment by the Board for private gain for himself or another person either by direct action on his part or by counsel, recommendation, or suggestion to another person, particularly one with whom he has family, business, or financial ties. For the purpose of this section, "inside information" means information obtained under Board authority which has not become part of the body of public information.

(b) Special Government employees may teach, lecture, or write in a manner not inconsistent with the provisions of § 1450.735-23 (c) in regard to employees. [31 F.R. 2829, Feb. 19, 1966, as amended at 32 F.R. 13188, Sept. 16, 1967] § 1450.735-33

Coercion.

A special Government employee shall not use his employment by the Board to coerce, or give the appearance of coercing, a person to provide financial benefit to himself or another person, particularly one with whom he has family, business, or financial ties.

§ 1450.735-34 Gifts, entertainment, and favors.

(a) A special Government employee, while so employed or in connection with his employment, shall not receive or solicit from a person having business with the Board, anything of value as a gift, gratuity, loan, entertainment, or favor for himself or another person, particularly one with whom he has family, business, or financial ties.

(b) There are excepted from the prohibitions contained in paragraph (a) of this section, activities of a special Gov

« AnteriorContinuar »