GIFTS FROM FOREIGN GOVERNMENTS AND CORPORATIONS

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• GIFTS FROM FOREIGN GOVERNMENTS AND CORPORATIONS
• Presented by the USPS Law Department
• Ethics Section, Civil Practice
• July 2007

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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

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GIFTS FROM OUTSIDE SOURCES

• General rule
• A postal employee may not accept gifts from
  prohibited sources, or those given because of the
  employees official position.

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GIFTS FROM OUTSIDE SOURCES

• WHAT IS A GIFT?
• Almost anything of monetary value.
• MEALS ? EVENT TICKETS
• PARTIES, RECEPTIONS ? MERCHANDISE
• TRANSPORTATION ? CASH
• LODGING ? APPAREL

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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

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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

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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

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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)

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GIFTS FROM FOREIGN GOVERNMENTS

• Gifts of Travel (transportation, meals
  lodging)
• If minimal value, may accept as long as not
  solicited or encouraged

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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

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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.

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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

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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.

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RESOURCES

• Ethics Helpline
• 202-268-6346
• Ethics e-mail
• ETHICS HELP
• or ethics.help_at_usps.gov