Teen enguye ter bead or fo Ans. scompanies. SL societies, o ements. Incomp Cade but are not 1

(1) Outside emp (including the acce pensation, gift, pay any other thing which may result pearance of a confl (2) Outside empl which tends to im mental or physical his or her Gover sponsibilit

(3) Outside employment or activity
at takes the employee's time and at-
-ation during his or her official work
urs;

4) Outside employment or activity
ich may be construed by the public
be official acts of the Department,
of a nature closely paralleling the
ork of the Department;

or

(5) Outside employment or activity
ich involves participation in a com-
ercially sponsored broadcast,
hich relates to a written discussion of
licies or official work of the Depart-
ent, unless authorized in advance by
e Office of Governmental and Public
ffairs;

(6) Outside employment or activity
hich involves permission, or the ap-
arance of permission to use an em-
'oyee's name in the advertising of or-
nizations commercializing the re-
ilts of research conducted by the De-
artment, regardless of any merits
hich such enterprises may appear to
ossess;

(7) Outside employment or activity hich may involve the use of informaion secured as the result of employnent in the Department and to the etriment of the public service;

(8) Any outside employment or activty which may tend to bring criticism f, or cause embarrassment to, the Deartment;

(9) Outside employment or activity which would involve the use by the emloyee of official facilities, e.g., office pace, office machines, supplies, tele>hones, or the services of other emloyees; and

(10) Outside employment or activity which would involve the violation of a Federal or State statute, a local ordihance, Executive order, or regulation to which the employee is subject.

(b) Outside employment or activity (including self-employment) is permitted to the extent that it does not conflict with other requirements of this part, or tend to create a conflictof-interest, or appearance of conflictof-interest, between the private interests of an employee and the employee's official responsibilities. The employee's outside employment or activity

hich tends shall not reflect discredit on the Govetal or pl ernment or the Department. domyolg

11

(c) Except as provided (c) (1) through (4) of th ployees shall obtain ad for outside employmer whether paid or unpaid shall establish the appr shall advise each employ each approval shall be fi ployee's official personn term outside employme as used in this paragrap clude:

(1) Memberships in, work with, charitable, re fraternal, recreational, civic, or similar nonbusi profit organizations;

(2) Memberships in prof nizations;

(3) Performance of d Armed Forces, Reserve, Guard; or

(4) Acting as an officer ganization pursuant to Executive Order 11491, as a

(d) In considering req proval of outside employ lowing criteria should be a

(1) The provisions of ap (2) The policies incorpo part including the possib flict-of-interest or appear flict-of-interest;

(3) The general attenda the employee;

(4) The nature of the em cial duties in relation to the duties which will comp side employment or activit

(5) The amount of time work required by the outs ment or activity.

(e) Employees are specifi ited from acting as the ag eign principal registered un eign Agent's Registratio U.S.C. 219).

(f) No employee, whether nonduty status, shall acc employment or activity, w out compensation, from government, corporation, or individual without writt proval from a counselor under §0.735-3.

(g) It is the policy of the to grant permission to an e teach, lecture, or write teaching, lecturing, or writ

(ii) Brief description of the gift and the circumstances justifying acceptance;

(iii) Identity, if known, of the foreign government and name and position of the individual who presented the gift;

(iv) Date of acceptance of gift;

(v) Estimated value in the United States of the gift at time of acceptance; and

(vi) Disposition and current location of the gift.

If the gift is for travel or travel expenses, the employee must file a statement with his or her employing Agency Head within 30 calendar days after acceptance indicating: Name and position of the employee, brief description of the gift and the circumstances justifying acceptance, and identity, if known, of the foreign government and name and position of the individual who presented the gift;

(5) An employee may accept, retain, and wear a foreign decoration, if tendered in recognition of active field service or unusually meritorious service and if supported by a statement from the donor, preferably in the form of a citation, which shows the basis for tender of the award. A request from the Head of the employing Agency for approval of the acceptance of the decoration will be forwarded to the Administrator of the Foreign Agricultural Service or his or her designee for concurrence or disapproval. The request from the employing Agency must contain a recommendation as to whether or not the acceptance, retention, and wearing of the foreign decoration by the employee would be in the best interest of the United States. The Administrator of the Foreign Agricultural Service shall notify the employing Agency of his or her concurrence or disapproval of the retention of the foreign decoration. Disapprovals by the Foreign Agricultural Service shall constitute acceptance on behalf of the United States and the decoration shall be deposited by the employee with the Agency's Property Management Officer within 60 calendar days. The Property Management Officer shall report the decoration as required by the Agriculture Property Management Regulations;

(6) Violation of the provisions of the law including the failure by an employee to report such a gift may result in a civil penalty against the employee for the value of the gift plus $5,000; and

(7) The definition of employee includes all employees of the Department, experts, or consultants under contract with the United States, spouses of all such individuals, and blood and in-law relations who are residents of the employee's household.

(f) Neither this section nor §0.73513(a) 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 or her behalf, for excessive personal living expenses, gifts, entertainment, or other personal benefits; nor does it allow an employee to be reimbursed for travel on official business under Agency orders when reimbursement is proscribed by decision B-128527 of the Comptroller General March 7, 1967 (46 Comp. Gen. 689).

dated

[43 FR 43431, Sept. 26, 1978, as amended at 47 FR 12327, Mar. 23, 1982]

$0.735-13 Outside employment and activities.

(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 or her Government employment whether on his or her behalf, or for private individuals, firms, companies, institutions, professional societies, or State or local governments. Incompatible activities inIclude but are not limited to:

(1) Outside employment or activity (including the acceptance of a fee, compensation, gift, payment of expenses or any other thing of monetary value) which may result in, or create the appearance of a conflict-of-interest;

(2) Outside employment or activity which tends to impair the employee's mental or physical capacity to perform his or her Government duties and responsibilities in an acceptable manner;

(3) Outside employment or activity that takes the employee's time and attention during his or her official work hours;

(4) Outside employment or activity which may be construed by the public to be official acts of the Department, or of a nature closely paralleling the work of the Department;

(5) Outside employment or activity which involves participation in a commercially sponsored broadcast, which relates to a written discussion of policies or official work of the Department, unless authorized in advance by the Office of Governmental and Public Affairs;

(6) Outside employment or activity which involves permission, or the appearance of permission to use an employee's name in the advertising of organizations commercializing the sults of research conducted by the Department, regardless of any merits which such enterprises may appear to possess;

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, provided:

(1) Prior written authorization is obtained from the agency head, or a counselor designated under §0.735-3;

(2) Such teaching, lecturing, or writing is not performed at or for any educational institution or other organization that discriminates because of race, creed, color, sex, age, national origin, or physical or mental handicap in the admission or subsequent treatment of students;

(3) Such teaching, lecturing, or writing is not dependent on information obtained as a result of his or her employment or activity with the Department, except when that information has been made available to the general public or when the agency head or agency head's designee gives specific authorization for the use of nonpublic information in the public interest; and

(4) Such teaching, lecturing, or writing is not otherwise incompatible with the provisions of this part.

(h) Articles prepared officially are the property of the Government, and authors thereof may not accept payment for such articles published in outside journals, magazines, or newspapers.

(i) Employees may not accept honorariums for written articles, speaking engagements, or addresses on radio or television or other appearances performed as part of their official duties. This restriction on the acceptance of honorariums applies even if the Government official endorses the check to a charitable organization or asks that the check be sent to a charitable organization.

(j) No employees, except special Government employees, shall accept compensation for services as consultants or advisors to any organization, public or private, in any manner which draws upon the experience, competence, or professional standing acquired or enhanced by or through their position in this Department unless they have received permission from their agency head. Special Government employees shall not use their employment or activity with the Department for a pur

pose that is, or gives the appearance of being, motivated by the desire for private gain for themselves or another (41 FR 24108, June 15, 1976).

$0.735-14 Conflict of interest.

(a) The following prohibitions apply to both a regular employee and a special Government employee:

(1) He or she may not have a direct or indirect financial interest that conflicts substantially, or appears to conflict substantially, with his or her responsibilities and duties as a Federal employee;

(2) He or she may not engage, directly or indirectly, in a financial transaction relying upon information obtained through his or her employment for his or her personal benefit or disclose such information for the benefit of another;

(3) He or she may not 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 or her duties or bring discredit upon the Department;

(4) If he or she is concerned in any way with the administration of programs for the purchase or sale of commodities, price support programs, commodity loan programs, or other programs which directly affect market prices of agricultural commodities, he or she may not directly or indirectly speculate in any agricultural commodity;

(5) He or she may not, after his or her Government employment has ended, represent any other person (other than the United States), in any formal or informal appearance before, or with the intent to influence, make any communication on behalf of any other person; (i) to the United States, (ii) in connection with any particular Government matter involving a specific party, in which the United States is a party or has an interest and in which he or she participated personally and substantially as a Government employee (18 U.S.C. 207(a));

(6) He or she may not, within two years after his or her Government employment has ended, represent any