[Code of Federal Regulations]
[Title 5, Volume 3]
[Revised as of January 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR2634.408]

[Page 523-524]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
                CHAPTER XVI--OFFICE OF GOVERNMENT ETHICS
 
PART 2634_EXECUTIVE BRANCH FINANCIAL DISCLOSURE, QUALIFIED TRUSTS, AND 
CERTIFICATES OF DIVESTITURE--Table of Contents
 
                       Subpart D_Qualified Trusts
 
Sec. 2634.408  Special filing requirements for qualified trusts.

    (a) The interested party. In the case of any qualified trust, the 
Government employee or other interested party shall:
    (1) Execution of the trust. Within thirty days after the trust is 
certified under Sec. 2634.405 of this subpart by the

[[Page 524]]

Director of the Office of Government Ethics, file with the Director a 
copy of:
    (i) The executed trust instrument of the trust (other than those 
provisions which relate to the testamentary disposition of the trust 
assets); and
    (ii) A list of the assets which were transferred to the trust, 
categorized as to value of each asset in accordance with Sec. 
2634.301(d).
    (2) Transfer of assets. Within thirty days of transferring an asset, 
other than cash, to a qualified trust, file a report with the Director 
of the Office of Government Ethics, which identifies and briefly 
describes each asset, categorized as to value in accordance with Sec. 
2634.301(d).
    (3) Dissolution of the trust. Within thirty days of the dissolution 
of a qualified trust:
    (i) File a report of the dissolution with the Director of the Office 
of Government Ethics; and
    (ii) File with the Director a list of assets of the trust at the 
time of the dissolution, categorized as to value in accordance with 
Sec. 2634.301(d).
    (b) Trustees and other designated fiduciaries. An independent 
trustee of a qualified trust, and any other person designated in the 
trust instrument to perform fiduciary duties, shall file, with the 
Director of the Office of Government Ethics by May 15th following any 
calendar year during which the trust was in existence, a properly 
executed Certificate of Compliance in the form prescribed by appendix B 
of this part. In addition, an independent trustee and other fiduciaries 
shall maintain and make available for inspection by the Office of 
Government Ethics, as it may from time to time direct, the trust's books 
of account and other records and copies of the trust's tax returns for 
each taxable year of the trust.
    (c) Written communications. All communications between an interested 
party and the trustee of a qualified trust must, under this subpart, 
have the prior written approval of the Director of the Office of 
Government Ethics. After such an approved written communication 
(including those communications described in Sec. 2634.403(b)(9) or 
Sec. 2634.404(c)(9) of this subpart) has been transmitted, the person 
initiating the communication shall file a copy of the communication 
within five days of its date, with the Director of the Office of 
Government Ethics.
    (d) Public access. Any document filed under the requirements of 
paragraph (a) of this section by a public filer, nominee, or candidate 
shall be subject to the public disclosure requirements of Sec. 
2634.603. Any document (and the information contained therein) inspected 
under the requirements of paragraph (b) of this section (other than a 
Certificate of Compliance), or filed under the requirements of paragraph 
(c) of this section, shall be exempt from the public disclosure 
requirements of Sec. 2634.603, and shall not be disclosed to any 
interested party.