Gifts Flashcards
What is “minimal value” of a foreign gift under 5 U.S.C. 7342, as of 10 March 2020?
$415 or less
What must an employee do when accepting a gift of more than minimal value as to avoid offense, embarrassment or otherwise adversely affect the interests of the United States?
Accept the gift on behalf of the U.S. and the gift becomes to property of the U.S. Within 60 days must deposit with the agency for disposal or for official use.
Are greeting cards and items with little intrinsic value, such as plaques, certificates, and trophies, which are intended primarily for presentation, considered gifts under 5 C.F.R. 2635.203(b)(2)?
No
When is a Government Employee or Military Discount NOT a gift?
When an opportunity or benefit, including favorable rates and commercial discounts, are available to the public or to a class consisting of all Government employees or all uniformed military personnel, whether or not restricted on the basis of geographic considerations (5 C.F.R. 2635.203(b)(4))
When may an employee accept rewards or prizes given to competitors in contests, or at events, including random drawings?
I. when open to the public; and
II. so long as the employee’s entrance into the contest or event isn’t required as part of the employee’s official duties
(5 C.F.R. 2635.203(b)(5))
What is a “prohibited source” under 5 C.F.R. 2635.203(d)?
Any person who:
- Is seeking official action by the employee’s agency;
- Does business or seeks to do business with the employee’s agency;
- Conducts activities regulated by the employee’s agency;
- Has interests that may be substantially affected by the performance or nonperformance of the employee’s official duties; or
- Is an organization a majority of whose members are described in (1)-(4) above.
What does “free attendance” under 5 C.F.R. 2635.203(g) NOT include?
Travel expenses; lodging; entertainment collateral to the event; meals not taken in a group setting with all other attendees or presenters
What two things must be true for an employee to accept a bona fide award for meritorious public service or achievement under 5 C.F.R. 2635.204(d)(1)?
I. The award and any item incident to the award are not from a person who has interests that may be substantially affected by the performance or nonperformance of the employee’s official duties, or from an association or other organization if a majority of its members have such interests; and
II. If the value of the award, other than free attendance, exceeds $200, the agency ethics official has made a written determination that the award is made as part of an established program of recognition.
Does receipt of an honorary degree require a written determination by an agency ethics official?
Yes, the agency ethics official must determine the timing of the award would not cause a reasonable person to question the employee’s impartiality in a matter affecting the institution.
What are the elements of a “Widely Attended Gathering”?
I. If it is expected a large number of persons will attend;
II. That persons with a diversity of views or interest will be present, e.g. members throughout an interested industry or profession; and
III. that there will be an opportunity to exchange ideas and views among invited persons.
What are the 3 elements a WAG written determination requires? And the 4th if someone other than the event sponsor invites the employee and bears the cost of attendance?
I. The event is a WAG;
II. The employee’s attendance at the event is in the agency’s interest because it will further agency programs or operations;
III. The agency’s interest in the employee’s attendance outweighs the concern that the employee may be, or may appear to be, improperly influenced in the performance of official duties; and
IV. [If paid for by other than the event sponsor] more than 100 attendees and the value is less than $415.
What are the two elements of a “social invitation” which may be accepted even when extended due to official position, under 5 C.F.R. 2635.204(h)?
I. Unsolicited from a person who is not a prohibited source; and
II. No fee is charged to any person in attendance
When gifted a perishable item which cannot be personally accepted, who does an employee need to tell before sharing it with their office?
Their supervisor or agency designee (5 C.F.R. 2635.206(a)(2))
What is the gift accept limit of a Deputy Flag Officer with a Judge Advocate or General Counsel on immediate staff, per OPNAVINST 4001.G dtd 7 Aug 2018?
$25K
What is the maximum aggregate market value of a gift a superior may accept from a group they have reason to believe includes a subordinate under JER 2-203?
$300
