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The Assistant Secretary for International Affairs shall be consulted to determine whether failure to accept the gift or decoration for the official use of the Department will have an adverse effect on the foreign relations of the United States. In no case shall a gift or decoration be accepted for the official use of the Department when the enjoyment and beneficial use of the gift will accrue primarily to the benefit of the donee or any other individual employee. Gifts or decorations that are retained for the official use of the Department shall be handled in accordance with the provisions of paragraph (d) of this section when their official use is ended.

(d) If a gift or decoration is not retained for official use of the Department, or if its official use has ended, the Directorate of Administration shall, within 30 days after its deposit or after its official use has ended

(1) Report the gift or decoration to the General Services Administration (GSA) for transfer, donation, or other disposal in accordance with the provisions of the Federal Property and Administrative Services Act of 1949 and the Federal Property Management Regulations at 41 CFR part 101-49, or

(2) If the gift or decoration is in cash, currency, or monies (except those with possible historic or numismatic value), or is a noncash monetary gift such as a check, money order, bonds, shares of stock, or other negotiable instrument, forward it to the Finance and Accounting Office for deposit with the Department of the Treasury.

(e) The Directorate of Administration shall retain custody of gifts and decorations not returned to the donor or retained for the official use of the Department until GSA directs it concerning their disposition. At the request of GSA, the Directorate of Administration shall arrange for appraisal of specific gifts and decorations.

in paragraphs (c) and (d) of this section.

(b) Suspected violations of the Act or these regulations shall be reported promptly to the appropriate General Counsel and the Inspector General.

(c) The Inspector General will be responsible for taking the following actions:

(1) If the results of an investigation by the Inspector General do not provide any support for a determination that a violation of the Act or these regulations has occurred, then no further action shall be taken.

(2) If it is determined that the employee knowingly and through actions within his own control has done any of the following, the matter shall be referred to the Attorney General for ap propriate action:

(1) Solicited or accepted a gift from a foreign government in a manner inconsistent with the provisions of the Act and these regulations;

(ii) As the approved recipient of travel expenses failed to follow the procedures set forth in the Act and these regulations; or

(iii) Failed to deposit or report a gift as required by the Act and these regulations.

(3) If it is determined that the employee failed to deposit a tangible gift with the Directorate of Administration within 60 days, or to account properly for acceptance of travel expenses, or to comply with the requirements of these regulations relating to the disposal of gifts and decorations retained for official use, but that the criteria of knowledge and control specified in paragraph (c)(2) of this section for referral to the Attorney General have not been met, then the matter shall be referred by the Inspector General to appropriate Departmental officials for administrative action.

(d) As set forth in section 7342(h) of title 5, United States Code, the Attorney General may bring a civil action in any district court of the United States against any employee who knowingly solicits or accepts a gift from a foreign government not consented to by the Act, or who fails to deposit or report. such gift as required by the Act. The court in which such action is brought may assess a civil penalty against such

$ 1050.303 Enforcement.

(a) An employee who violates the provisions of the Act or these regulations may be subject to disciplinary action or civil penalty action as set forth

employee in any amount not to exceed funds from the "Emergencies in the the retail value of the gift improperly Diplomatic and Consular Service" acsolicited or received plus $5,000.

count of the Department of State may

be used to purchase any tangible gift of Subpart D-Gifts to Foreign

more than minimal value for any forIndividuals

eign individual unless such gift has $ 1060.401 Prohibition against use of been approved by the Congress.

appropriated funds. No appropriated funds other than (59 FR 44896, Aug. 31, 1994)

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11. Foreign Government Donor

120. Name of Individual Presenting Gift

120. Position of Individual Presenting Gitt

13. Do you wish to participate in the sale of this itern if it is sold by GSA?

O Yo

O No

Signature of Recipient

Data

STATEMENT CONCERNING GIFTS RECEIVED FROM A FOREIGN GOVERNMENT Item 1. This statement is to be filed pursuant to the provisions of the Foreign Gifts and

Decorations Act (5 U.S.C. 7342, as amended by Pub. L. 95–105, August 17, 1977) and DOE implementing regulations at 10 CFR part 1050. These provisions apply to foreign gifts tendered to or accepted by Federal employees and their spouses and dependents. The name of the employee should always be indicated in item 1; if the employee is the recipient of the gift then items 5 and 6 should be marked N/A-not applicable; if the recipient is a spouse or dependent, then the appropriate information should be included in items 5 and

6. Item 2. Self explanatory. Items 3 and 4. The Office or Division and the position of the employee should be indicated

here regardless of whether the recipient is the employee or a spouse or dependent. Items 5 and 6. See above, Item 1. Item 7. Self explanatory. Item 8. Self explanatory. Item 9. Indicate the retail value in the United States at the time of acceptance. If there is

any uncertainty as to the value of the gift, it is the recipient's responsibility to make a reasonable effort to determine value. If the value is $100 or under, and if the aggregate value of the gifts accepted by the recipient from all sources over any period of one year does not exceed $250, then the gift may be retained by the recipient and this Statement

need not be submitted. Item 10. Identify in this item whether or not approval to accept the gift was sought or given

in advance in accordance with $1050.204 of the DOE regulations. Also identify those circumstances supporting a determination that refusal of the gift would likely cause offense or embarrassment or otherwise adversely affect the foriegn relations of the United

States. Items 11 and 12. Self explanatory. Item 13. Though there is no assurance that the item will be sold or if it is sold that it will

be feasible for the recipient to participate in the sale, GSA regulations provide for participation by the recipient where feasible.

DOE F 1733.)

U.S. DEPARTMENT OF ENERGY

APPENDIX II FOREIGN TRAVEL STATEMENT (Statement Concerning Acceptance of Travel or Travel Expenses from a Foreign Government)

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