[Code of Federal Regulations]
[Title 22, Volume 1]
[Revised as of April 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 22CFR10.735-408]

[Page 63-64]
 
                       TITLE 22--FOREIGN RELATIONS
 
                     CHAPTER I--DEPARTMENT OF STATE
 
PART 10--EMPLOYEE RESPONSIBILITIES AND CONDUCT--Table of Contents
 
       Subpart D--Statements of Employment and Financial Interests
 
Sec. 10.735-408  Review of statements and determination as to conflicts of interest.

    (a) On the basis of the Statement of Employment and Financial 
Interests submitted by each employee or special Government employee, or 
on the basis of information received from other sources, the Counselor 
shall determine, in the light of the duties which that employee or 
special Government employee is or will be performing, whether any 
conflicts of interest, real or apparent, are indicated. The Counselor 
shall make this determination based on the applicable statutes, the 
Executive order, and the applicable regulations of the Civil Service 
Commission, and of the agency.
    (b) Where the Counselor's determination in a particular case is that 
a conflict of interest, real or apparent, is indicated, the Counselor 
shall initiate informal discussions with the employee or special 
Government employee concerned. These discussions shall have as their 
objectives:
    (1) Providing the individual with a full opportunity to explain the 
conflict or appearance of conflict; and
    (2) Arriving at an agreement (acceptable to the Counselor, the 
individual and the individual's immediate superior) whereby the conflict 
of interest may be removed or avoided. Such an agreement may include, 
but is not limited to: (i) Changes in assigned duties; (ii) divestiture 
of the financial or employment interest creating the conflict or 
apparent conflict; or (iii) disqualification for a particular 
assignment.
    (c) Where an acceptable agreement cannot be obtained pursuant to 
paragraph (b) of this section, the Counselor shall present findings and 
recommendations to the officer designated by the agency head, who shall

[[Page 64]]

decide which remedy is most appropriate to remove or correct that 
conflict or apparent conflict. Remedial action under this paragraph may 
include disciplinary action, including separation for cause, or any of 
the actions enumerated in paragraph (b)(2) of this section and shall be 
effective in accordance with applicable laws, Executive orders, and 
regulations.
    (d) Written summaries of all agreements and decisions arrived at 
pursuant to paragraph (b) or (c) of this section shall be placed in the 
Counselor's files. Copies shall also be made available to the employee 
or special Government employee concerned.