[Code of Federal Regulations]

[Title 45, Volume 1]

[Revised as of October 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 45CFR73.735-506]



[Page 174-175]

 

                        TITLE 45--PUBLIC WELFARE

 

                    SUBTITLE A--DEPARTMENT OF HEALTH

                           AND HUMAN SERVICES

 

PART 73_STANDARDS OF CONDUCT--Table of Contents

 

               Subpart E_Gifts, Entertainment, and Favors

 

Sec.  73.735-506  Gifts and decorations from foreign governments.



    (a) An employee may not request or otherwise encourage the tender of 

a gift or decorations from a foreign government or official thereof.

    (b) An employee may accept from a foreign government:

    (1) A gift which is in the nature of medical treatment or an 

educational scholarship;

    (2) A tangible gift of minimal value tendered or received as a mark 

of courtesy; (``Minimal value'' means a retail value in the United 

States at the time of acceptance of not more than one hundred dollars, 

unless the Administrator of the General Services Administration adjusts 

the value by regulation.) or



[[Page 175]]



    (3) A tangible gift of more than minimal value when it appears that 

to refuse the gift would be likely to cause offense or embarrassment or 

otherwise adversely affect the foreign relations of the United States. 

However, the acceptance of such a gift would be on behalf of the United 

States and the gift would become the property of the United States. See 

the Department's General Administration Manual, Chapter 20-25 for 

information regarding the disposition of a gift accepted under these 

circumstances.

    (c) An employee may also accept from a foreign government gifts of 

travel or expenses for travel (such as transportation, food and lodging) 

that take place entirely outside the United States and are of more than 

minimal value, if such acceptance is consistent with the interests of 

the United States and is approved by the travel approving authority in 

accordance with the Department's Travel Manual. See General 

Administration Manual, Chapter 20-25 for a requirement to report such 

travel.

    (d) An employee may accept, retain, and wear a decoration tendered 

in recognition of active field service in time of combat operations or 

awarded for other outstanding or unusually meritorious performance, 

subject to the approval of the Secretary or his or her designee.

    (e) Members of an employee's family and household are also subject 

to the regulations in this section. A member of an employee's family and 

household is a relative by blood, marriage or adoption who is a resident 

of the household. However, if a member of an employee's family and 

household is employed by another agency of the Government, the offer or 

acceptance of a gift shall be treated under the regulations of that 

agency.

    (f) For purposes of this section ``foreign government'' means:

    (1) Any unit of foreign government authority including any foreign 

national, state, local and municipal government;

    (2) Any international or multinational organization whose membership 

is composed of any unit of foreign government described in paragraph 

(f)(1) of this section; or

    (3) Any agent or representative of any such unit or organization 

when acting as such agent or representative. (5 U.S.C. 7342)