[Code of Federal Regulations]
[Title 15, Volume 1]
[Revised as of January 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 15CFR0.735-11]

[Page 7-8]
 
                  TITLE 15--COMMERCE AND FOREIGN TRADE
 
PART 0--EMPLOYEE RESPONSIBILITIES AND CONDUCT--Table of Contents
 
         Subpart D--Regulatory Limitations Upon Employee Conduct
 
Sec. 0.735-11  Gifts, entertainment, and favors.

    (a) General limitations. Except as provided in paragraphs (b) and 
(f) of this section, an employee shall not solicit or accept, directly 
or indirectly, any gift, gratuity, favor, entertainment, loan, payment 
of expenses, fee, compensation, or any other thing of monetary value, 
for himself or another person, from a person who:
    (1) Has, or is seeking to obtain, contractual or other business or 
financial relations with the Department of Commerce;
    (2) Conducts operations or activities that are regulated by the 
Department of Commerce; or
    (3) Has interests that may be substantially affected by the 
performance or nonperformance of the employee's

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official duty or by actions of the Department.
    (b) Exceptions. The following exceptions are authorized to the 
limitation in paragraph (a) of this section:
    (1) Acceptance of a gift, gratuity, favor, entertainment, loan, 
payment of expenses, fee, compensation, or other thing of monetary value 
incident to obvious family or personal relationships (such as those 
between the employee and the parents, children, or spouse of the 
employee) when the circumstances make it clear that it is those 
relationships rather than the business of the persons concerned which 
are the motivating factors.
    (2) Acceptance of food and refreshments of nominal value on 
infrequent occasions in the ordinary course of a luncheon or dinner 
meeting or other meeting or on an inspection tour where an employee may 
properly be in attendance. For the purpose of this section, ``nominal 
value'' means that the value of the food or refreshments shall not be 
unreasonably high under the circumstances.
    (3) Acceptance of loans from banks or other financial institutions 
on customary terms and on security not inconsistent with paragraph (a) 
of this section, to finance proper and usual activities of employees, 
such as home mortgage loans.
    (4) Acceptance of unsolicited advertising or promotional material, 
such as pens, pencils, note pads, calendars, and other items of nominal 
intrinsic value.
    (5) Acceptance of a gift, gratuity, favor, entertainment, loan, 
payment of expenses, fee, compensation, or other thing of monetary value 
when such acceptance is determined by the head of the operating unit 
concerned to be necessary and appropriate in view of the work of the 
Department and the duties and responsibilities of the employee. A copy 
of each such determination shall be sent to the counselor of the 
Department.
    (6) Special Government employees are covered by this section only 
while employed by the Department or in connection with such employment.
    (c) [Reserved]
    (d) Gifts to superiors. An employee shall not solicit a contribution 
from another employee for a gift to an official superior, make a 
donation as a gift to an official superior, or accept a gift from an 
employee receiving less pay than himself (5 U.S.C. 7351). However, this 
paragraph does not prohibit a voluntary gift of nominal value or 
donation in a nominal amount made on a special occasion such as 
marriage, illness, or retirement. An employee who violates these 
requirements shall be removed from the service.
    (e) Gifts from a foreign government. An employee shall not accept a 
gift, present, decoration, or other thing from a foreign government 
unless acceptance is (1) authorized by Congress as provided by the 
Constitution and in Pub. L. 89-673, 80 Stat. 952, and (2) authorized by 
the Department of Commerce as provided in Administrative Order 202-739.
    (f) Reimbursement for travel expenses and subsistence. Neither this 
section nor Sec. 0.735-12 precludes an employee from receipt of bona 
fide reimbursement, unless prohibited by law, for expenses of travel and 
such other necessary subsistence as is compatible with this part for 
which no Government payment or reimbursement is made. However, this 
paragraph does not allow an employee to be reimbursed, or payment to be 
made on his behalf, for excessive personal living expenses, gifts, 
entertainment, or other personal benefits, nor does it allow an employee 
to be reimbursed by a person for travel on official business under 
agency orders when reimbursement is proscribed by Decision B-128527 of 
the Comptroller General dated March 7, 1967. (Requirements applicable to 
Department of Commerce employees are set forth in Department of Commerce 
Administrative Order 203-9.)