GIFTS TO THE GOVERNMENT What is considered to be a…

                   GIFTS TO THE GOVERNMENT
What is considered to be a gift to the        From which sources may agencies
Government?                                   not accept gifts?
 P Anything provided to support agency         P A gift may not be accepted from:
operations, including airplane tickets and      R an agency grantee (or applicant),
meals, as well as funds.                        R an agency contractor (or bidder), or
                                                R a company in an industry sector
May employees accept gifts to the             regulated by the agency. (Although on
Government?                                   rare occasions an exception is granted to
 P Yes, if:                                   these general restrictions.)
  R the gift will benefit an agency program
or operation,                                 Are gifts for official travel (i.e. airline
  R acceptance will not create an             tickets, hotel, meals) treated differently
appearance of impropriety by giving the       than other gifts to the Department?
impression that the agency will be biased      P Yes, unlike other gifts travel gifts
in favor of the giver, and                    may not be solicited and must be
  R approved by an authorized agency          approved before the travel. Also:
official.                                       R first class transportation may not be
                                              accepted,
When does acceptance of a gift create           R honoraria may not be accepted, and
an appearance of impropriety?                   R for USPTO employees, travel gifts
 P This is determined on a case-by-case       may be accepted only from 501(c)(3)
basis, taking into consideration such         organizations.
factors as:
  R whether the donor has interests in        How should employees report agency
controversial matters before the agency,      gifts?
  R the value of the gift,                     P On a CD 210 (or a CD 342 if the gift is
  R the usefulness of the gift to the         from a foreign government for travel
agency, and                                   entirely outside the United States) and an
  R the circumstances surrounding the         SF 326 (if it is a travel gift).
offer.

  Ethics Law and Programs Division, Office of the Assistant General Counsel for
             Administration, United States Department of Commerce
             202-482-5384 ­ ethicsdivision@doc.gov ­ January 2, 2008

                       A WORD ABOUT ETHICS