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 Government employee not inconsistent with the exceptions authorized for employees in § 1450.735-21(b). 1450.735-35 Miscellaneous statutory provisions. In addition to the regulations in this part and Part 1480 of this subchapter, each special Government employee shall acquaint himself with each statute that relates to his ethical and other conduct as a special Government employee. The attention of each special Government employee is directed to those statutory provisions listed in § 1450.735-29 that are applicable to special Government employees. § 1450.735-36 General provisions. Each special Government employee shall adhere to the standards of conduct made applicable to employees by §§ 1450.735-23 through 1450.735-28. IN SUBPART D-STATEMENTS OF EM- 1450.735-41 Form and content of statements. (a) The statement required of employees by this subpart shall be known as the "Confidential Statement of Employment and Financial Interests (for use by Renegotiation Board employees)" and shall be in form prescribed by the Board. (b) The statement required of special Government employees by this subpart shall be known as the "Confidential Statement of Employment and Financial Interests (for use by special Government employees of the Renegotiation Board)" and shall be in form prescribed by the Board. 1450.735-42 Employees required to submit statements. Except as provided in § 1450.735– 43, statements of employment and financial interests are required from the following employees: (a) Employees paid at a level of the Federal Executive Salary Schedule established by the Federal Executive Salary Act of 1964, as amended. (b) Employees in grade GS-16 or above of the General Schedule established by the Classification Act of 1949, as amended, or in comparable or higher positions not subject to that Act. (c) Regional board members. (d) Heads and assistant heads of offices or divisions of the Board and of the regional boards. (e) The Executive Assistant to the Chairman of the Board, and the special assistants to members of the Board. (f) The Secretary to the Board, and the Assistant to the Secretary. (g) All attorneys, accountants, renegotiators, reviewers, business analysts, economists, and procurement affairs officers. 1450.735-43 Employees not required to submit statements.-A statement of employment and financial interests is not required by this subpart from members of the Board, who are subject to separate reporting requirements under section 401 of the Executive order. 1450.735-44 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 such statement to the counselor designated pursuant to § 1450.735-3 (a) not later than: (a) Ninety (90) days after the effective date of this part if employed on or before such effective date; or (b) Thirty (30) days after his entrance on duty, but not earlier than ninety (90) days after the effective date of this part, if appointed after such effective date. 1450.735-45 Supplementary statements.(a) Changes in, or additions to, the information contained in an employee's statement of employment and financial interests shall be reported to the counselor in a supplementary statement at the end of the quarter in which the changes oc (3-15-66) cur. Financial interests or employment acquired during a quarter, but disposed of or terminated before the end of such quarter, shall constitute changes or additions to be reported at the end of such quarter. Quarters end March 31, June 30, September 30, and December 31. If there are no changes or additions in a quarter ending March 31 or September 30, a negative report is not required. However, for the purpose of semiannual review, a supplementary statement, negative or otherwise, is required as of June 30 and December 31 each year. (b) A supplementary statement shall be in the form prescribed for an initial statement of employment and financial interests, but shall be marked "Supplementary." A supplementary statement shall furnish all the information required for an initial statement, and in addition, by appropriate notation, shall indicate any changes in, or additions to, the information contained in the employee's initial statement or last supplementary statement, as the case may be, except that if there are no changes or additions in a quarter ending June 30 or December 31, it shall suffice so to state in the supplementary statement submitted for such quarter. A supplementary statement shall also contain a certification that since the submission of his initial statement or last supplementary statement, as the case may be, the employee has not acted or otherwise participated in any matter involving any person or property listed in such statement or last supplementary statement, or in the new supplementary statement, except as may be set forth and explained in an accompanying memorandum. 1450.735-46 Interests of employees' relatives. The financial 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 of an employee who are residents of the employee's household. the employee shall request such other person to submit information in his behalf. 1450.735-48 Information prohibited.-This subpart does not require an employee to submit in a statement of employment and financial interest 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, civic, or political organization or a similar organization not conducted as a business enterprise. For the purpose of this section, educational and other institutions doing research and development or related work involving grants of money from or contracts with the Government, or related subcontracts, are deemed "business enterprises" and are required to be included in an employee's statement of employment and financial interests. 1450.735-47 Information not known by employees. If any information required to be included in 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, 1450.735-49 Confidentiality of statements. Each statement of employment and financial interests, and each supplementary statement, shall be in the custody and control of the counselor and will be held in confidence. Information from a statement may not be disclosed except as the Civil Service Commission or the Board may determine for good cause shown, or as the counselor in his discretion may determine to be necessary to carry out the regulations in this part. 1450.735-50 Effect of statements on other requirements.-The statements of employment and financial interests and supplementary statements required of employees are in 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. 1450.735-51 Specific provisions 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 relate either directly 17 or indirectly to the duties and responsibilities of the special Government employee. (b) The Board may waive the requirement in paragraph (a) of this section for the submission of a statement of employment and financial interests in the case of a special Government employee who is not a consultant or an expert when the Board finds that the duties of the position held by such special Government employee are of a nature and at such a level of responsibility that the submission of the statement by the incumbent is not necessary to protect the integrity of the Government. For the purpose of this paragraph, "consultant" and "expert" have the meanings given those terms by Chapter 304 of the Federal Personnel Man ual, but do not include a physician, dentist, or allied medical specialist whose services are procured to provide care and service to patients. (c) A statement of employment and financial interests 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 Board by the submission of supplementary statements. This Part 1450 was approved by the Civil Service Commission on February 2, 1966. [Part 1450 became effective upon publication in the Federal Register on February 19, 1966.] [The next page is 21] Sec. Part 1453 Mandatory Exemptions From Renegotiation 1453.1 Contracts with other governmental agencies. 1453.7 Construction contracts awarded as a result AUTHORITY: Sections 1453.1 to 1453.6 issued under section 109, Pub. Law 9, 82d Cong. Interpret or apply sec. 106, Pub. Law, 9, 82d Cong. 1453.1 Contracts with other governmental agencies. (a) Statutory provision.-Section 106(a)(1) of the act exempts the following: (1) any contract by a Department with any Territory, possession, or State, or any agency or political subdivision thereof, or with any foreign government or any agency thereof; (b) Interpretation and application of exemption. This provision is construed to exclude from renegotiation any contract by a Department with any Territory, possession or State or any agency or political subdivision thereof or with any foreign government or any agency thereof. A municipal corporation, whether acting in a proprietary or governmental capacity, is a political subdivision of a State for the purposes of this exemption. (c) Limitation.-The exemption provided in paragraph (1) of section 106 (a) of the act is limited to prime contracts; related subcontracts are not exempt under such provision. Such subcontracts are also specifically excluded from the subcontract exemption provided in section 106 (a) (7). See § 1453.6. customarily sold or in which it has an established market. The term "agricultural commodity" as used herein shall include but shall not be limited to (A) commodities resulting from the cultivation of the soil such as grains of all kinds, fruits, nuts, vegetables, hay, straw, cotton, tobacco, sugarcane, and sugar beets; 1453.2 Contracts and subcontracts for certain agricultural commodities and raw materials. (a) Agricultural commodities.-(1) Statutory provision.-Section 106(a)(2) of the act exempts the following: (B) natural resins, saps, and gums of trees; (C) animals, such as cattle, hogs, poultry, and sheep, fish and other marine life, and the produce of live animals, such as wool, eggs, milk and cream; (2) any contract or subcontract for an agricultural commodity in its raw or natural state, or if the commodity is not customarily sold or has not an established market in its raw or natural state, in the first form or state, beyond the raw or natural state, in which it is (2) Interpretation of exemption.-The purpose of this provision is to exempt from renegotiation farmers, fruit growers, livestock raisers, fishermen, and other basic producers of agricultural commodities and those who trade in such products or store, handle, or transport such products without processing them before the acquisition of such products by a Department; it is not intended to exempt canners, manufacturers, and others who acquire such products and process them to a higher form or state, or those who store, handle, or transport such products pursuant to a prime contract with a Department. In order to qualify for exemption the product contracted for must be an agricultural commodity in its raw or natural state, or if such a commodity is not customarily sold or does not have an established market in its raw or natural state, in the first form or state beyond the raw or natural state in which it is customarily sold or in which it has an established market. (3) Application of exemption.-A commodity will be deemed to be an agricultural commodity in its raw or natural state only so long as it has not undergone some process of treatment or fabrication. In the case of fruits, vegetables and other like products this state does not ordinarily extend beyond the state in which said products are harvested. In the case of livestock, it terminates at the time the animal is slaughtered. When an agricultural commodity is not customarily sold or does not have an established market in its raw or natural state as above defined and is no longer in such state, the exempt status of such commodity will terminate with the state in which the commodity is first customarily sold or has an established market, and, with the execption of the produce of live animals which are specifically exempted, the exemption will not apply to any derivative products which are derived from such commodity in the state in which it is first sold, whether as a result of division, separation or further treatment or processing. For the purposes of determining whether an agricultural commodity is customarily sold or has an established market, regard will be given to the entire field in which such commodity is produced or marketed rather than to sectional or local practices; and varieties, types or classes of the commodity will be disregarded. Receipts or accruals from sales of agricultural commodities in their exempt form or state, including sales of "futures" in such commodities, are exempt from renegotiation. (4) Tentative list of exempt agricultural commodities.-The Board has tentatively determined that the form or state indicated in the following list is the last form or state to which the exemption set forth in section 106 (a) (2) of the act applies. This list is being promulgated as a guide to contractors in completing Agricultural commodity Beans and peas, dry‒‒‒‒‒‒ Beeswax----Berries, edible___. Chinchona bark.. Cocoa bean. Coffee-.. Corn Cotton Cottonseed... Drugs (botanical) __ Eggs-- Flax fiber.~-~~ Faxseed (linseed). Fruits, edible____. Gum opium.--. Hay Hemp fiber... Honey Jute and sisal fiber.... Livestock----- Milk, raw fluid.. Peanuts. Pine gum- Poultry. Rice---- Rubber.. the Standard Form of Contractor's Report prescribed in section 1470.3 (a) of this subchapter. The Board intends to review the list and revise it if errors are found in it before concluding the renegotiation proceeding of any contractor under the act in which it is claimed that the act does not apply to certain prime contracts or subcontracts of the contractor by virtue of section 106 (a) (2) of the act and in which such claim would affect the determination of excessive profits or the absence thereof. Therefore, even though an item appears on the following list, a contractor may be required to substantiate its claim that such item is exempt from renegotiation. (b) Raw materials.-(1) Statutory provision.-Section 106 (a) (3) of the act exempts the following: (3) any contract or subcontract for the product of a mine, oil or gas well, or other mineral or natural deposit, or timber, which has not been processed, refined, or treated beyond the first form or state suitable for industrial use; Shellac.. Silk.---. Sugar beets-~-~ Sugarcane.. As beets. As cane. |