[Code of Federal Regulations]
[Title 41, Volume 3]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 41CFR102-42.130]

[Page 125-126]
 
           TITLE 41--PUBLIC CONTRACTS AND PROPERTY MANAGEMENT
 
               CHAPTER 102--FEDERAL MANAGEMENT REGULATION
 
PART 102-42--UTILIZATION, DONATION, AND DISPOSAL OF FOREIGN GIFTS AND DECORATIONS--Table of Contents
 
          Subpart C--Donation of Foreign Gifts and Decorations
 
Sec. 102-42.130  Are there special requirements for the donation of gifts and decorations?

    Yes, GSA imposes special handling and use limitations on the 
donation of gifts and decorations. The SASP distribution document must 
contain or incorporate by reference the following:
    (a) The donee must display or use the gift or decoration in 
accordance with its GSA-approved letter of intent.
    (b) There must be a period of restriction which will expire after 
the gift or decoration has been used for the purpose stated in the 
letter of intent for a period of 10 years, except that GSA may restrict 
the use of the gift or decoration for such other period when the 
inherent character of the property justifies such action.
    (c) The donee must allow the right of access to the donee's premises 
at reasonable times for inspection of the gift or decoration by duly 
authorized representatives of the SASP or the U.S. Government.
    (d) During the period of restriction, the donee must not:
    (1) Sell, trade, lease, lend, bail, encumber, cannibalize or 
dismantle for parts, or otherwise dispose of the property;
    (2) Remove it permanently for use outside the State;
    (3) Transfer title to the gift or decoration directly or indirectly; 
or
    (4) Do or allow anything to be done that would contribute to the 
gift or decoration being seized, attached, lost, stolen, damaged, or 
destroyed.
    (e) If the gift or decoration is no longer suitable, usable, or 
needed by the donee for the stated purpose of donation during the period 
of restriction, the donee must promptly notify the General Services 
Administration, Property Management Division (FBP), Washington, DC 
20406, through the SASP, and upon demand by GSA, title and right to 
possession of the gift or decoration reverts to the U.S. Government. In 
this event, the donee must comply with transfer or disposition 
instructions furnished by GSA through the SASP, and pay the costs of 
transportation, handling, and reasonable insurance during 
transportation.
    (f) The donee must comply with all additional conditions covering 
the handling and use of any gift or decoration imposed by GSA.
    (g) If the donee fails to comply with the conditions or limitations 
during the period of restriction, the SASP may demand return of the gift 
or decoration and, upon such demand, title and right to possession of 
the gift or decoration reverts to the U.S. Government. In this event, 
the donee must return the gift or decoration in accordance with 
instructions furnished by the SASP, with costs of transportation, 
handling, and reasonable insurance during transportation to be paid by 
the donee or as directed by the SASP.
    (h) If the gift or decoration is lost, stolen, or cannot legally be 
recovered or returned for any other reason, the donee must pay to the 
U.S. Government the fair market value of the gift or decoration at the 
time of its loss, theft, or at the time that it became unrecoverable as 
determined by GSA. If

[[Page 126]]

the gift or decoration is damaged or destroyed, the SASP may require the 
donee to:
    (1) Return the item and pay the difference between its former fair 
market value and its current fair market value; or
    (2) Pay the fair market value, as determined by GSA, of the item had 
it not been damaged or destroyed.