a. EXECUTIVE ORDER 13940 (Reference (b)). of this Regulation, below, and forward it with any comments to the local Ethics Counselor for further review. Miscellaneous exemptions from application of 18 U.S.C. b. DoD employees are also prohibited, except as provided by law for the proper discharge of official duties, from, directly or indirectly, giving, offering, promising, demanding, seeking, receiving, accepting, or agreeing to accept anything of value for or because of any official act performed or to be performed, or for or because of any testimony given or to be given before an individual or non-Federal entity authorized to hear evidence or take testimony. Military officers on active duty (except while on terminal leave) may not accept employment if it requires separation from their organization, branch, or unit, or interferes with the performance of military duties. DOD Employee (JER § 1-209). 2635.807(b)(1) (Reference (h)) in subsection 2-100 of this Regulation, shall make a disclaimer if the subject of the teaching, speaking or writing deals in significant part with any ongoing or announced policy, program or operation of the DoD employee's Agency, as defined in subsection 2-201 of this Regulation, and the DoD employee has not been authorized by appropriate Agency authority to present that material as the Agency's position. (3) Is a position in the Executive Schedule under sections 5312 through 5317 of title 5 of the United States Code. Rank the remaining solutions, which are all ethical ones, in order of how close they bring you to your goal and solve the problem. 4-200. 178); American National Red Cross (10 U.S.C. Representation of Others. 1033(b) and 1589(b) (Reference (g)), the following entities are eligible for authorization under section 3-202.a., above: (2) The DoD General Counsel may designate, no more frequently than semiannually, entities that are not operated for profit and are any of the following: (a) An entity that regulates and supports the athletic programs of the service academies (including athletic conferences). Regardless of the number of DoD employees contributing to a gift or gifts on a special, infrequent occasion as permitted by 5 C.F.R. 1. Head of DoD Component Command or Organization. 2635.807(b) (Reference (a)) in subsection 2-100 of this Regulation, shall make a disclaimer if the subject of the teaching, speaking or writing deals in significant part with any ongoing or announced policy, program or operation of the DoD employee's Agency, as defined in section 3601.102, subsection 2-201 of this Regulation, above, and the DoD employee has not been authorized by appropriate Agency authority to present that material as the Agency's position. Initial and Annual Ethics Training ....................................................................110, SECTION 3. Alternate Designated Agency Ethics Official (Alternate DAEO) .................................1, 1-204. Liaisons may officially represent DoD in discussions of matters of mutual interest with non-Federal entities providing it is made clear to the non-Federal entities that the opinions expressed by liaisons do not bind DoD or any DoD Component to any action. See 5 C.F.R. Travel Benefits. POST-EMPLOYMENT COUNSELING AND ADVICE .............................98, 9-400. d. In addition, if any of the above violations fall within a DoD Component's procurement fraud program, the Ethics Counselor shall ensure that referrals, coordinations, and reports required by that program are accomplished. b. 2371 (Reference (f)). 2-203. Such links are provided consistent with the stated purpose of this website. c. An Ethics Counselor who receives a report shall review the facts and, if the facts tend to support a violation, report the allegation to the appropriate investigative organization or, through the chain of command or supervision, to the head of the DoD Component command or organization of the suspected violator. Time of Filing ..........................................................................................................73, 7-204. DoD employees must be committed to justice in the performance of their official duties. (2) This authority may be used to accept, for example, reimbursement for travel benefits of flight crew members that accompany Federal Government aircraft to international air shows or the expenses incurred by the attendance of DoD employees at ceremonial events in order to enhance a DoD Component's public relations. 3-405. Rule: If you are offered a gift that you cannot accept, you should: Decline the gift Reporting individuals who anticipate terminating their DoD employment before June 30 may request an extension from the appropriate DoD Component DAEO or designee of up to 45 days in order to file one consolidated annual and termination report. 2103-2107 (Reference (b)) that are addressed in subsection 10-202 of this Regulation, below, DoD employees who suspect that a violation of this Regulation has occurred shall report the matter to any of the following: b. 1345 (Reference (d)), DoD employees may participate in their official DoD capacities as speakers or panel members at conferences, seminars, or similar events sponsored by non-Federal entities. 9-501401. 2555); Shelter for Homeless (10 U.S.C. (b) DoD employees who are special Government employees, who are officers in the uniformed services who serve on active duty for 30 or fewer consecutive days, or who are designated employees (subsections 2638.704(d)(3)(iii)(B), 2638.704(d)(3)(iii)(C), and 2638.704(d)(3)(iii)(D) of Reference (a)), in subsection 11-100., above, may be given written AEBs, in accordance with section 2638.704(d)(3)(i) of Reference (a). 201 (Reference (c)) is suspected, it shall be handled in the same manner as subsection 10-201.c. (9) If steps ensuring compliance with applicable laws and regulations are not taken by the date established, the Ethics Counselor shall report the matter to the Agency Designee for appropriate action, with an information copy to the DoD Component DAEO. It includes, but is not limited to, personal services as an officer, director, employee, agent, attorney, consultant, contractor, general partner or trustee. Co-sponsorship of events with a non-Federal entity is prohibited except as follows: a. See 5 C.F.R. 2635.402 and 2635.502 (Reference (h)) in subsection 2-100 of this Regulation and 18 U.S.C. Parents, siblings, spouse, children, and dependent relatives. The first supervisor who is a commissioned military officer or a civilian above GS/GM-11 in the chain of command or supervision of the DoD employee concerned. Time of Filing ..........................................................................................................86, 7-304. 2012 (Reference (f)) which limits support that is not based on customary community relations or public affairs activities) or regulations; and. See 41 U.S.C. 2556); National Military Associations; Assistance at National Conventions (10 U.S.C. The OGE Form 450, may be accessed through the internet at www.dod.mil/dodgc/defense_ethics/. 501(c)(3) (Reference (i)) or a State or local government (see 5 C.F.R. However, any use of military titles is prohibited if it in any way casts discredit on DoD or gives the appearance of sponsorship, sanction, endorsement, or approval by DoD. 4, section 101(g)(2)(A)(filers assigned to combat zones receive automatic extension to file). 207 (Reference (c)). Accept gifts from the same or different sources so frequently that a reasonable person would think you're using your office for private gain, Substantially affected by the performance of your official duties, Modest items of food and refreshments (like coffee and donuts) when not served as a meal, Greeting cards and items with little intrinsic value, such as plaques, certificates, and trophies, intended only for presentation, Commercial discounts available to the public or to all Government civilian or military personnel, Anything the Government acquires by contract or otherwise legally accepts, not more than $50 in total from one source in a year, Gifts motivated by personal relationships, Certain discounts and similar benefits offered, to groups unrelated to Government employment (such as AARP), to groups in which membership is related to Government employment, if the same benefits are available to other, similar organizations. e. An IEO that satisfies the requirements for an annual ethics briefing section 2638.704(c) of Reference (a), in subsection 11-100., above) may also be used to meet the employee’s requirements to receive a written annual ethics briefing for the same calendar year. The Head of the DoD Component may take appropriate action, including adverse action, in accordance with applicable laws or regulations, against any reporting individual who fails to file an OGE Form 278, or who falsifies or fails to report required information. This authority does not apply to gifts from foreign governments and their agents. 2634.605(b)(6)(ii). Deputy Designated Agency Ethics Official (Deputy DAEO). b. DoD Component Gift Acceptance Statutes. 423 2103-2107 (Reference (e)) written opinions shall promptly forward the request to the DoD Component DAEO or designee who has such authority. Doreen invites the office to a New Year's party, serving meals valued at $25. (Reference (a)). Use of Military Title by Retirees or Reserves .........................................................27, SECTION 4.REFERENCES......................................................................................................28, 2-400. Designated Agency Ethics Official (DAEO) ...........................................................2, 1-208. OFFICE OF GOVERNMENT ETHICS REGULATION ................................97, 9-200. A DoD Component command or organization may co-sponsor a conference, seminar or similar event with a non-Federal entity when all of the following requirements are met: (1) The head of the DoD Component command or organization finds that the subject matter of the event (or co-sponsored discrete portion) is scientific, technical or professional issues that are relevant to the mission of the DoD Component command or organization; (2) The head of the DoD Component command or organization finds that the purpose of co-sponsorship is to transfer Federally developed technology or to stimulate wider interest and inquiry into the scientific, technical or professional issues identified above, and that the event is open to interested parties; (3) The non-Federal entity is a recognized scientific, technical, educational, or professional organization approved for this purpose by the DoD Component DAEO, giving due consideration to the prohibition against giving preferential treatment to non-Federal entity in 5 C.F.R. 2635.601-606 (Reference (d)) in subsection 2-100 of this Regulation and Chapter 8 of this Regulation. 5 U.S.C. Be responsible for the implementation and administration of all aspects of the DoD Component ethics program and manage and oversee local implementation and administration of all matters relating to ethics covered by this Regulation. Use of Federal Government Resources. (1)(a) of this Regulation, above, except that OGE Form 202, is not used for referrals; (3) If a violation of 5 C.F.R. c. Personal commercial solicitations by the spouse or other household member of a DoD employee to those who are junior in rank, grade, or position to the DoD employee, may give rise to the appearance that the DoD employee himself is using his public office for personal gain. Assignment of Reserves for Training ......................................................................62, 5-409. 2635.204(g)(4) (Reference (a)) in subsection 2-100 of this Regulation. 2-206. PERSONAL PARTICIPATION IN NON-FEDERAL ENTITIES ..................37, 3-300. c. The Ethics Counselor shall not sign and date the report until the determinations described in subsection 7-306.b. Other ethics statutes are summarized in 5 C.F.R. See 37 U.S.C. 735.201 (Reference (m)). Representation of Others .........................................................................................59, 5-404. Outside Employment and Activity .........................................................................27, 2-304. 12-400. Determine what remedial action should be taken to bring the reporting individual into compliance; 4. 1-204. DoD GUIDANCE ...............................................................................................49, 4-200.Acceptance of Incidental Benefits .............................................................................49, SECTION 3. 1-402. The DoD Component DAEO or designee may, by a written notice, exempt categories of business activities or employment from the requirement of a) of this section, above, for prior approval based on a determination that business activities or employment within those categories would generally be approved and are not likely to involve conduct prohibited by statute or regulation. OFFICE OF GOVERNMENT ETHICS REGULATION ..................................55, 5-200. Gifts From a Group That Includes a Subordinate. Accordingly, DoD employees and former DoD employees are encouraged to discuss specific cases with a DoD Component Ethics Counselor (no attorney-client privilege) or with private counsel. 501 (Reference (b)) and 5 C.F.R. 110-181, SECTION1. Approve or disapprove acceptance of travel benefits in kind or payments of travel expenses from non-Federal sources in accordance with subsections 4-102 and 4-103 of this Regulation, above; b. Communications received in an Ethics Counselor capacity are not protected by the attorney-client privilege while communications received in a legal assistance capacity may be. e. Fairness. 8-501. There is a prohibition on holding conflicting financial interests. (2) Employment. If applicable, the DoD Component command or organization should execute the agreement pursuant to specific statutory authority, such as a contract, grant, or cooperative agreement as identified in 31 U.S.C. d. Spousal Travel. See 5 C.F.R. a. 207 (Reference (c)); (2) The Head of the DoD Component or designee may determine in writing that such participation is appropriate if: (a) The former DoD employee has outstanding scientific or technological qualifications; (b) The national interest of the United States would be served by such participation; (c) The former DoD employee has qualifications that are otherwise unavailable; and. As a general rule, a federal employee cannot accept your gift if you or your company seeks official action by the employee's agency, does business with the agency, seeks to do business with the agency, or if you or your company would be otherwise affected by the employee's performance of his or her duties. 2005 September 11, 2007, 5-100. Such individuals must file new entrant reports as prescribed below. Although OGE regulations, reprinted in this Regulation, do not apply to enlisted members of the Uniformed Services or “Title 32 National Guard Members,@ the provisions of 5 C.F.R. 208 (Reference (b)), subsections 1-300(b)(1)(a) and 5-301 of this Regulation, and 5 C.F.R. Part 2635, "Standards of Ethical Conduct for Employees of the Executive Branch" ...................................................................................................................17, SECTION 2. For Reserve military officers, only service pursuant to orders issued under title 10, United States Code, is counted. (2) Purely personal, unofficial volunteer efforts to support fundraising outside the Federal Government workplace are not prohibited where the efforts do not imply DoD endorsement. Sound judgment must be exercised. See 5 C.F.R. A special Government employee whose appointment is renewed shall file a new entrant report for the preceding 12 months prior to his reappointment. In addition, it is the Administrative Officers' responsibility to ensure that any new positions are evaluated to determine whether such reports are required; or. 12674 (Reference (q)) in subsection 12-100 of this Regulation, and comply with them; d. DoD employees shall become familiar with the scope of and authority for the official activities for which they are responsible. 7-204. A reporting individual who is reassigned or transferred from one covered position to another during the reporting period shall file an annual report whether or not he was employed in that new position for 61 days. Gambling .................................................................................................................26, 2-303. DoD employees may not receive additional pay or allowances for disbursement of public money or for the performance of any other service or duty unless specifically authorized by law. DAEO or Designee .....................................................2, 1-205. 2635.807 (Reference (a)) in subsection 2-100 of this Regulation, governing teaching, speaking and writing: (6) Defense Finance and Accounting Service; (8) Defense Intelligence Agency; (9) Defense InvestigativeSecurity Service; (11)National Imagery and Mapping Agency (which was redesignated as the National Geospatial-Intelligence Agency in 2004); (15) Uniformed Services University of the Health Sciences; (16) Armed Services Board of Contract Appeals. On each of his quarterly visits, a sales representative of Overpriced Computers Inc. gave Bonnie, a DoD employee, a company T-shirt, valued at $10 each. That a military member may have leisure hours during which no official duty is performed does not alter the result. See FAR Supbpart 3.104-3(c), 3.104-5 (disqualification) and 3.104.8 (penalties). (5) It is furnished pursuant to a provision of law or regulation authorizing consideration of such statement with respect to a specific position or category of positions. A military officer on active duty may not accept a civil office with a State or local government, nor may he perform the duties of such an office. In some circumstances, silence is dishonest, yet in other circumstances, disclosing information would be wrong and perhaps unlawful. 301-1.2 and 304 (Reference (c)), Heads of DoD Components may accept travel benefits from a non-Federal source incurred by DoD employees in connection with their attendance in an official capacity at a meeting or similar function. The dinner and the wine are both appropriate. b. c. Acceptance Procedures. OFFICE OF PERSONNEL MANAGEMENT REGULATION. a. c.  See 5 U.S.C. (h) Part 2635 of title 5, Code of Federal Regulations, Part 2635, (i) Sections 201, 208 and 209 of title 18, United States Code, (j) DoD Instruction 5410.20, "Public Affairs Relations With Business and Nongovernmental Organizations Representing Business," January 16, 1974. They may not be used for personal purposes. 208 (Reference (b)). 4-302. 3-202. Family Members. The minimum requirements for an AEB for DoD employees who file OGE Form 450s (section 2638.705. ENFORCEMENT OF THE PROVISIONS OF THE JOINT ETHICS, REGULATION ................................................................................................................105, 10-100. Attendance at a Meeting or Similar Function (31 U.S.C. The Secretary concerned, with the concurrence of the DoD General Counsel, may authorize, on a case-by-case basis, an employee under the Secretary’s jurisdiction to serve without compensation as a director, officer, or trustee, or otherwise to participate in the management of an entity designated by the DoD General Counsel in accordance with section 3-202.b., below. DoD GUIDANCE .............................................................................................96, 8-500. 1353 (Reference (b))). The following exception applies: (1) Certain criminal statutes, 18 U.S.C. Annual Certification ..............................................................................................96, SECTION 5. 1353 (Reference (b)) applies. As you list the stakeholders, try to note the way your decision could affect them. Notify the reporting individual of the conclusion; 2. 2635 (Reference (d)), which is reproduced in subsection 2-100 of this Regulation. When such gifts exceed the $100 limit, the recipient shall pursue one of the following alternatives: (b) Retain the gift after reimbursing the donor the full value of the gift; or. Standard for Accomplishing Disqualification .........................................................21, 2-205. Special Government Employee ..............................................................................6, 1-228. Support all aspects of the ethics program of the Military Department. They do not extend to anyone else, including his business, employer, or prospective employer. Chain of Submission ................................................................................................76, 7-206. Review .....................................................................................................................76, 7-207. See 41 U.S.C. See 5 C.F.R. The Judge Advocate General of each Military Department shall: a. Bribery of Public Officials and Witnesses. a. Content of Report.See 5 C.F.R. 2-301. Reservists must disclose to superiors and assignment personnel information necessary to ensure that no conflict exists between their duty assignment and their private interests. 2635, Subpart D and Subpart E (Reference (d)), in subsection 2-100 of this Regulation, OGE opinions (Reference (e)), and subsection 2-204 of this Regulation for provisions on conflicts of interest under 18 U.S.C. Acceptance of Contributions, Awards and Other Payments (Reference (g)). Employment ...........................................................................................................3, 1-212. 109-148, the FY 2006 Defense Appropriations Act (Reference (dd)), and notwithstanding 5 U.S.C. 12834 13940 (Reference (o)) in subsection 12-200 of this Regulation. 2635.304(c)(1) (Reference (a)) in subsection 2-100 of this Regulation: a. Notification of Requirement to File .........................................................................85, 7-303. Resolution of Conflicts. 2558); Assistance from American National Red Cross (10 U.S.C. 4-101. Alternate Designated Agency Ethics Official (Alternate DAEO). 304-1.5 (reference (c)) rules. a. Subcontractors are excluded. 1-225221. Qualified Individual ................................................................................................5, 1-224. credit union members.). Ethics Counselors .............................................................................................12, 1-412. Where a disclaimer is DoD 5500. 5-408. Gifts from Outside Sources. l. All reports shall be reviewed within 60 days after the date of filing and the Ethics Counselor shall record the date of the initial review. 2641, "Post-Employment Conflict of Interest Restrictions" (Reference (b)), [5 C.F.R. 10-200. General. However, DoD employees must report such travel expenses when appropriate in accordance with Chapter 7 of this Regulation. b. 208 (Reference (c)). Ethics Training Assistance ................................................................................112, SECTION 4. 207(a), (c) and (d) (Reference (c)) do not apply to communications made solely to furnish scientific and technical information that are authorized by the Head of the DoD Component.

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