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

(5) Are approved by the Counselor or a Deputy Counselor.

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

(1) Using public office for private gain;

(2) Giving preferential treatment to any person;

(3) Impending Government efficiency or economy;

(4) Losing complete independence or impartiality;

(5) Making a Government decision outside official channels; or

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

(d) 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, this paragraph does not prohibit a voluntary gift of nominal value or donation in a nominal amount made on a special occasion such as marriage, illness, or retirement.

(e) 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 5 U.S.C. 7342.

(f) Neither this section nor § 1703.735202 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 in his behalf, for excessive personal living expenses, gifts, entertainment, or other personal benefits. It also does not allow an employee to be reimbursed by a person for travel on official business under agency orders when reimbursement is proscribed by Decision B-128527 of the Comptroller General dated March 7, 1967.

§ 1703.735-202 Outside employment and other activity.

(a) An employee shall not engage in outside employment or other outside activity not compatible with the full and proper discharge of the duties and responsibilities of his Government employment. 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 Government duties and responsibilities 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 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 Government employment, except when the information has been made available to the general public or will be made available on request, or when the Director, Office of Emergency Planning gives written authorization for the use of nonpublic information on the basis that the use is in the public interest. In addition, an employee who is a Presidential appointee 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 Office of Emergency Planning, or which draws substantially on official data or ideas which have not become part of the body of public information.

[32 F.R. 20722, Dec. 22, 1967, as amended at 33 F.R. 8273, June 4, 1968]

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

(b) This section does not preclude an employee from having a financial interest or engaging in financial transactions to the same extent as a private citizen not employed by the Government so long as it is not prohibited by law, the Executive order, or the regulation in this part. § 1703.735-204 Use of Government property.

An employee shall not directly or indirectly use, or allow the use of, Government property of any kind, including property leased to the Government, for other than officially approved activities. An employee has a positive duty to protect and conserve Government property, including equipment, supplies, and other property entrusted or issued to him.

§ 1703.735-205 Misuse of information.

For the purpose of furthering a private interest, an employee shall not, except as provided in § 1703.735-202(c), directly or indirectly use, or allow the use of, official information obtained through or in connection with his Government employment which has not been made available to the general public.

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An employee shall pay each just financial obligation in a proper and timely manner, especially one imposed by law such as Federal, State, or local taxes. For the purpose of this section, a "just financial obligation" means one acknowledged by the employee or reduced to judgment by a court, and "in a proper and timely manner" means in a manner which the Office of Emergency Planning 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 Office of Emergency Planning to determine the validity or amount of the disputed debt.

§ 1703.735-207 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:

(a) Necessitated by an employee's law enforcement duties; or

(b) Under section 3 of Executive Order 10927 and similar activities approved by the Cffice of Emergency Planning. § 1703.735-208 General conduct prejudicial to the Government.

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

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Each employee shall acquaint himself with each statute that relates to his ethical and other conduct as an employee of the Government. The attention of employees is directed to the following statutory provisions:

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

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

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

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

(f) 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).

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

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

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

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

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

(1) The prohibition against multilating or destroying a public record (18 U.S.C. 2071).

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

(n) 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).

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

(p) 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.

(q) 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). Subpart C-Ethical and Other Conduct and Responsibilities of Special Government Employees

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§ 1703.735-304 Gifts, entertainment, and favors.

(a) Except as provided in paragraph (b) of this section, 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 Office of Emergency Planning 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) Exceptions to paragraph (a) of this section for special Government employees are those applicable to employees under § 1703.735-201(b).

§ 1703.735-305 Miscellaneous statutory provisions.

Each special Government employee shall acquaint himself with each statute that relates to his ethical and other conduct as a special Government employee of the Government. The attention of special Government employees is directed to the statutory provisions listed in § 1703.735-209 that are applicable to special Government employees. § 1703.735-306

General provisions.

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Deputy Chief, Materials Policy Division. Chief, Mobilization Plans Division. Chief, Economic Stabilization Division. § 1703.735-402a Employee's complaint on filing requirements.

Incumbents of positions listed in section 1703.735-402 may file a complaint stating that his position has been improperly included under the provisions of the Regulation. All such complaints shall be heard in accordance with grievance procedures established under Chapter 12 of the Administrative Manual (AM-5). § 1703.735-403 Employees not required to submit statements.

A statement of employment and financial interest is not required by this subpart from the Director, Office of Emergency Planning, who is subject to separate reporting requirements under section 401 of the Executive order, nor from employees not covered by § 1703.735-402. § 1703.735-404 Time and place for submission of employees' statements.

An employee required to submit a statement of employment and financial interests under this subpart shall submit that statement to the Office of the General Counsel not later than:

(a) If employed on or before the effective date of this part, no later than 30 days after the effective date of this part.

(b) If appointed after that effective date, within 30 days after his entrance on duty.

§ 1703.735-405 Supplementary state

ments.

Changes in, or additions to, the information contained in an employee's statement of employment and financial interests shall be reported in a supplementary statement as of June 30 each year. If no changes or additions occur, a negative report is required. Notwithstanding the filing of the annual report required by this section, each employee shall at all times avoid acquiring a financial interest that could result, or taking an action that would result, in a violation of the conflicts of interest provisions of section 208 of Title 18, United States Code, or Subpart B of this part. § 1703.735-406 Interests of employees'

relatives.

The interest of a spouse, minor child, or other member of an employee's immediate household is considered to be an interest of the employee. For the purpose

of this section, "member of an employee's immediate household" means those blood relations who are residents of the employee's household.

§ 1703.735-407 Information not known by employees.

If any information required to be included on a statement of employment and financial interests or supplementary statement, including holdings placed in trust, is not known to the employee but is known to another person, the employee shall request that other person to submit information in his behalf.

§ 1703.735-408

Information excluded.

This subpart does not require an employee to submit on a statement of employment and financial interests or supplementary statement any information relating to the employee's connection with, or interest in, a professional society or a charitable, religious, social, fraternal, recreational, public service, civil, or political organization, or a similar organization not conducted as a business enterprise. For the purpose of this section, education and other institutions doing research and development or related work involving grants of money from or contracts with the Government are deemed "business enterprises" and are required to be included in an employee's statement of employment and financial interest.

§ 1703.735-409 Confidentiality of employees' statements.

(a) The Office of Emergency Planning will hold each statement of employment and financial interests, and each supplementary statement, in confidence. To insure this confidentiality, only the General Counsel is authorized to retain the statements.

(b) The General Counsel is responsible for maintaining the statements in confidence and shall not allow access to, or allow information to be disclosed from a statement except to carry out the purpose of this part. Information from a statement may not be disclosed except as the Civil Service Commission or the Director of the Office of Emergency Planning may determine for good cause shown.

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addition to, and not in substitution for, or in derogation of, any similar requirement imposed by law, order, or regulation. The submission of a statement or supplementary statement by an employee does not permit him or any other person to participate in a matter in which his or the other person's participation is prohibited by law, order, or regulation. Nor does it relieve any employee of the Office of Emergency Planning of the responsibility to call to the attention of the Counselor or a Deputy Counselor any of his employment or financial interests which conflict substantially, or appear to conflict substantially, with his Government duties and responsibilities.

§ 1703.735-411 Specific provisions of regulations for special Government employees.

(a) Except as provided in paragraph (b) of this section, each special Government employee shall submit a statement of employment and financial interests which reports:

(1) All other employment; and

(2) The financial interests of the special Government employee which are relevant in light of the duties he is to perform.

(b) The requirements in paragraph (a) of this section for the submission of a statement of employment and financial interests is waived for the following special Government employees:

(1) Clerk-typists.

(2) Clerk-stenographers.

(3) Clerk (Administrative Assistant). (4) Natural Disaster Specialists.

(c) Statements of employment and financial interest required to be submitted under this section shall be submitted not later than the time of employment of the special Government employee. Each special Government employee shall keep his statement current throughout his employment with the Office of Emergency Planning by the submission of supplementary statements. Special Government employees required to submit statements of employment and financial interests under this section shall also be subject to the provisions of §§ 1703.735-406, 1703.735-408, 1703.735-409, and 1703.735-410.

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