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cial Government employee as they ance with applicable laws, Executive occur.

orders, and regulations.

(d) Written summaries of all agree$1203.735 408 Review of statements

ments and decisions arrived at pursuand determination as to conflicts of interest.

ant to paragraph (b) or (c) of this sec

tion shall be placed in the Counselor's (a) On the basis of the Statement of

files. Copies shall also be made availEmployment and Financial Interests

able to the employee or special Governsubmitted by each employee or special ment employee concerned. Government employee, or on the basis of information received from other 8 1203.735 409 Confidentiality of emsources, the Counselor shall determine, ployees' statements. in the light of the duties which that

An agency shall hold each statement employee or special Government em

of employment and financial interests, ployee is or will be performing, wheth

and each supplementary statement, in er any conflicts of interest, real or ap

confidence. To insure this confidentialparent, are indicated. The Counselor shall make this determination based on

ity only the Counselor and Deputy

Counselors are authorized to review the applicable statutes, the Executive order, and the applicable regulations of and retain the statements. The Counthe Civil Service Commission, and of

selor and Deputy Counselors are rethe agency

sponsible for maintaining the state(b) Where the Counselor's determina

ments in confidence and shall not allow tion in a particular case is that a con

access to, or allow information to be flict of interest, real or apparent, is in

disclosed from, a statement except to dicated, the Counselor shall initiate in

carry out the purpose of this part. An formal discussions with the employee

agency may not disclose information > or special Government employee con

from a statement except as the Civil = cerned. These discussions shall have as Service Commission or the agency 3* their objectives:

head may determine for good cause (1) Providing the individual with a shown. full opportunity to explain the conflict

8 1203.735 410 Effect of or appearance of conflict; and

employees (2) Arriving at an agreement (accept

statements on other requirements. able to the Counselor, the individual The statements of employment and and the individual's immediate supe- financial interests and supplementary Hor) whereby the conflict of interest statements required for employees are may be removed or avoided. Such an in addition to, and not in substitution agreement may include, but is not lim- for, or in derogation of, any similar reIted to: (1) Changes in assigned duties; quirement imposed by law, order, (ii) divestiture of the financial or em- regulation. The submission of a stateployment interest creating the conflict

ment or supplementary statement by or apparent conflict; or (iii) disquali

an employee does not permit the emfication for a particular assignment. ployee or any other person to partici

(c) Where an acceptable agreement pate in a matter in which the employee cannot be obtained pursuant to para- or the other person's participation is graph (b) of this section, the Counselor

prohibited by law, order, or regulation. shall present findings and rec

Save with respect to those financial inommendations to the officer des

terests excepted from the conflict of ignated by the agency head, who shall

interest prohibitions of 18 U.S.C. 208(a) decide which remedy is most appropriate to remove or correct that con

pursuant to a written advance deter

mination under $1203.735–217 or flict or apparent conflict. Remedial action under this paragraph may include

empted by the provisions of $1203.735 disciplinary action, including separa

205(c), an employee must disqualify tion for cause, or any of the actions

himself or herself from participating in enumerated in paragraph (b)(2) of this

any matter in which the employee has section and shall be effective in accord

a financial interest.


$ 1203.785-411 Disqualification proce

dures. (a) Where an employee is prohibited from participating in a matter because of a conflicting financial interest that is not exempt under $1203.735–205(c) or has not been specifically excepted by the appropriate agency official pursuant to $1203.735–217 in advance of the employee's participation in the particular matter, the employee shall conduct himself or herself in accordance with the following provisions:

(1) The employee shall promptly disclose the financial interest in such matter to the employee's immediate superior. The superior will thereupon relieve the employee of duty and responsibility in the matter.

(2) In foreign posts, it may be impossible or highly impracticable for an employee, who has a disqualifying financial interest, to assign the matter for official action to anyone other than a subordinate. In this event, the employee must instruct the subordinate to report fully and directly to the immediate superior to whom the employee himself or herself would normally report. The employee must concurrently direct such subordinate to take such action as may be appropriate in the matter, and without thereafter revealing to the disqualified employee

in any way any aspect of the particular matter.

(b) Nothing herein precludes the employee from disposing of such disqualifying financial interest, thereby wholly eliminating the conflict of interest. In some circumstances, where the employee may not obtain an exception under $1203.735–217, or may not disqualify himself or herself and refer or assign the matter to another employee, the performance of duty may even require divestiture.

(c) Where a supervisor has reason to believe that a subordinate employee may have a conflicting financial interest, the supervisor should discuss the matter with the employee. If the supervisor finds that a conflict of interest does exist, the supervisor must relieve the subordinate employee of duty and responsibility in the particular matter.

(d) The obligation to avoid conflicts of interest is upon each employee. It is a continuing obligation calling for alert vigilance.

(e) Notwithstanding any other provision of this part to the contrary, if a employee's holdings rise in value above the amount exempted by $1203.735– 205(c), then the statutory and regulation prohibitions apply in a conflict of interest situation.

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Part 1300 1301

Page 504



Rules of procedure
Board for International Broadcasting-(Privacy

Act of 1974) .......
Rules for implementing open meetings within the

Board for International Broadcasting ....
Security information regulations
Enforcement of nondiscrimination on the basis of

handicap in programs or activities conducted by
the Board for International Broadcasting ............


1303 1304

511 514

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157-077 0-95—17


dits of RFE/RL, Inc., as the Board may determine are necessary, to assure that grants are applied in accordance with the purposes for which such grants are provided;

(5) To develop and apply such evaluative procedures as the Board may determine are necessary to assure that grants are applied in a manner not inconsistent with the broad foreign policy objectives of the U.S. Government; and

(6) To prescribe such regulations as the Board deems necessary to govern the manner in which its functions shall be carried out.

(c) In carrying out the foregoing functions, the Board will respect the integrity and professional independ- : ence of RFE/RL, Inc.

Sec. 1300.1 Purpose. 1300.2 Organization of the Board for Inter

national Broadcasting. 1300.3 Staff of the Board. 1300.4 Annual report. 1300.5 RFE/RL, Inc. and U.S. Foreign Policy

objectives. 1300.6 The RFE/RL professional code. 1300.7 Personnel 1300.8 Research reports.. 1300.9 Budget development and execution. 1300.10 Financial oversight. 1300.11 Procurement and ownership of

equipment. 1300.12 Assistance with Congressional in

quiries. 1300.13 Access to information and premises. 1300.14 RFE/RL organization. 1300.15 Government relations. 1300.16 Relations with Foreign Govern

ments. AUTHORITY: Pub. L. 93-129, as amended; 22 U.S.C. 2873 (a) (10).

SOURCE: 54 FR 18886, May 3, 1989, unless otherwise noted.

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8 1300.1 Purpose.

(a) These regulations are adopted by the Board for International Broadcasting (BIB) pursuant to authority granted to it by Pub. L. 93–129, 87 Stat. 456, approved October 19, 1973; 22 U.S.C. 2873 et seq., as amended. Grant funds shall be transferred to Radio Free Europe/ Radio Liberty, Inc. (RFE/RL, Inc.) only on condition of compliance with the pertinent parts of these regulations. Exceptions to this condition may be made by the BIB.

(b) These regulations are based on the statutory mandate of the BIB:

(1) To make grants to RFE/RL, Inc.;

(2) To review and evaluate the mission and operation of RFE/RL, Inc., and to assess the quality, effectiveness, and professional integrity of its broadcasting within the broad foreign policy objectives of the United States;

(3) To encourage the most efficient utilization of available resources by RFE/RL, Inc., and to undertake, or request that RFE/RL, Inc. undertake, such studies as may be necessary to identify areas in which the operations of RFE/RL, Inc. may be made more efficient and economical;

(4) To develop and apply such financial procedures, and to make such au

g 1300.2 Organization of the Board for

International Broadcasting. (a) The Board for International Broadcasting is composed of ten members, one of whom the President and Chief Operating Executive of RFE/RL, Inc.-is an ex officio member. As such, the President of RFE/RL, Inc. may participate in the activities of the Board, but may not vote in the determinations of the Board.

(b) The President of the United States appoints, by and with the advice and consent of the Senate, nine voting members, one of whom he designates as Chairman. By law, the Board's membership must be bipartisan, with no more than five seats reserved for any one political party. The voting members are appointed for a term of three years. A member whose term has expired may continue to serve until his or her successor has been appointed and confirmed.

(c) The nine voting members and the ex officio member of the BIB serve concurrently as the Board of Directors of RFE/RL, Inc. Unless specifically noted otherwise, all meetings of the Board are considered joint meetings of the Board for International Broadcasting and of the Board of Directors of RFE/ RL, Inc. The Board of Directors make all major policy determinations governing the operation of RFE/RL, Inc., and appoints and fixes the compensation of managerial officers and employees of RFE/RL, Inc.

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