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GIFTS FROM FOREIGN GOVERNMENTS AND CORPORATIONS Presented by the USPS Law Department Ethics Section, Civil Practice July 2007. TOPICS FOR TODAY . GIFTS FROM PROHIBITED SOURCES GIFTS FROM FOREIGN GOVERNMENTS -gifts of minimal value -gifts of more than minimal value
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GIFTS FROM FOREIGN GOVERNMENTS AND CORPORATIONS Presented by the USPS Law Department Ethics Section, Civil Practice July 2007
TOPICS FOR TODAY • GIFTS FROM PROHIBITED SOURCES • GIFTS FROM FOREIGN GOVERNMENTS -gifts of minimal value -gifts of more than minimal value -gifts of travel expenses (food, lodging, transportation) • GIFTS FROM FOREIGN CORPORATIONS AND ENTITIES -meals and entertainment -tangible gifts
GIFTS FROM OUTSIDE SOURCES General rule: A postal employee may not accept gifts from prohibited sources, or those given because of the employee’s official position.
GIFTS FROM OUTSIDE SOURCES WHAT IS A GIFT? Almost anything of monetary value. • MEALS EVENT TICKETS • PARTIES, RECEPTIONS MERCHANDISE • TRANSPORTATION CASH • LODGING APPAREL
GIFTS FROM OUTSIDE SOURCES EXCEPTIONS TO THE GIFTS RULE: • Personal relationship (almost always) • $20 or less value/$50 per source per year (the “$20 exception”) • Perishable items, if shared with office (fruit baskets, flowers, etc.) • Widely-attended gatherings
GIFTS FROM FOREIGN GOVERNMENTS General Rules Under Foreign Gifts and Decorations Act: • No solicitation of gifts • Individual may accept gift of “minimal value” (retail value in US at time of acceptance is $305 or less) • Should aggregate in determining value: • Multiple gifts from donor at single presentation • Gifts to spouse given along with your gift
GIFTS FROM FOREIGN GOVERNMENTS Gifts that obviously exceed minimal value: • Attempt to refuse (explain law) • May accept if refusal would: (1) result in embarrassment; or (2) affect US foreign relations
FOREIGN GIFTS AND DECORATIONS ACT When an individual must accept a gift of more than minimal value: • Individual accepts it on behalf of the United States and • Must report and deposit it with General Counsel or Chief Counsel of Ethics within 60 days, along with a statement of the circumstances surrounding its acceptance (who, what, where, when, why and how)
GIFTS FROM FOREIGN GOVERNMENTS Gifts of Travel (transportation, meals & lodging): • If minimal value, may accept as long as not solicited or encouraged
GIFTS FROM FOREIGN GOVERNMENTS May accept travel gifts of more than minimal value on behalf of the US if: • Travel activity is entirely outside of US • Approved by GC or Chief Counsel of Ethics as appropriate and in the best interest of the USPS and the United States • Reporting requirements are met by the individual
GIFTS FROM FOREIGN CORPORATIONS OR ENTITIES Another exception to the Gifts Rules in the Standards of Ethical Conduct: -while on official travel in a foreign country, an employee may accept food, refreshments, or entertainment in the course of breakfast, lunch, dinner, a meeting, or event.
GIFTS FROM FOREIGN CORPORATIONS OR ENTITIES -Non-U.S. citizens must be present -The market value of the meal or entertainment in the locality must not exceed the per diem rate specified in Department of State regulations for that area www.state.gov/m/a/als/prdm/1502.htm
GIFTS FROM FOREIGN CORPORATIONS OR ENTITIES For items other than food or entertainment from non-government, foreign sources, Standards of Ethical Conduct apply. If no other exception, the $20/$50 rule will apply.
RESOURCES Ethics Helpline: 202-268-6346 Ethics e-mail: “ETHICS HELP” or ethics.help@usps.gov