GIFTS FROM FOREIGN GOVERNMENTS AND

CORPORATIONS

Presented by the USPS Law Department

Ethics Section, Civil Practice

July 2007

TOPICS FOR TODAY

1. GIFTS FROM PROHIBITED SOURCES

2. GIFTS FROM FOREIGN GOVERNMENTS

-gifts of minimal value

-gifts of more than minimal value

-gifts of travel expenses (food, lodging, transportation)

3. GIFTS FROM FOREIGN CORPORATIONS AND ENTITIES

-meals and entertainment

-tangible gifts

GIFTS FROM OUTSIDE SOURCES

General rule:General rule:

A postal employee may not A postal employee may not accept gifts from prohibited accept gifts from prohibited sources, sources, oror those given those given because of the employee’s because of the employee’s official position.official position.

GIFTS FROM OUTSIDE SOURCES

WHAT IS A GIFT?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: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: 202-268-6346Ethics e-mail:

““ETHICS HELP” ETHICS HELP”

or or ethics.help@usps.govethics.help@usps.gov