[Code of Federal Regulations]
[Title 5, Volume 3]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR2601.203]

[Page 453]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
                CHAPTER XVI--OFFICE OF GOVERNMENT ETHICS
 
PART 2601_IMPLEMENTATION OF OFFICE OF GOVERNMENT ETHICS STATUTORY GIFT 
 
      Subpart B_Guidelines for Solicitation and Acceptance of Gifts
 
Sec.  2601.203  Conflict of interest analysis.

    (a) A gift shall not be solicited or accepted if the authorized 
agency official determines that such solicitation or acceptance of the 
gift would reflect unfavorably upon the ability of the agency, or any 
employee of the agency, to carry out OGE responsibilities or official 
duties in a fair and objective manner, or would compromise the integrity 
or the appearance of the integrity of its programs or any official 
involved in those programs.
    (b) In making the determination required under paragraph (a) of this 
section, an authorized agency official may be guided by all relevant 
considerations, including, but not limited to the following:
    (1) The identity of the donor;
    (2) The monetary or estimated market value or the cost to the donor;
    (3) The purpose of the gift as described in any written statement or 
oral proposal by the donor;
    (4) The identity of any other expected recipients of the gift on the 
same occasion, if any;
    (5) The timing of the gift;
    (6) The nature and sensitivity of any matter pending at the agency 
affecting the interests of the donor;
    (7) The significance of an individual employee's role in any matter 
affecting the donor, if benefits of the gift will accrue to the 
employee;
    (8) The nature of the gift offered;
    (9) The frequency of other gifts received from the same donor; and
    (10) The agency activity, purpose or need that the gift will aid or 
facilitate.
    (c) An authorized agency official may ask the donor to provide in 
writing any additional information needed to assist in making the 
determination under this section. Such information may include a 
description of the donor's business or organizational affiliation and 
any matters that are pending or are expected to be pending before the 
agency.