Ethics
Gift Exchange - External
Background
During the year, especially during the fall and winter holiday season,
individuals and companies who do business with the Department of Agriculture
(USDA) often send or offer unsolicited gifts to employees.
Prohibition
Overall, the Standards of Ethical Conduct prohibit an employee from
soliciting or accepting gifts from individuals and/or organizations
doing business, or seeking to do business, with USDA. The acceptance
of gifts given because of employee's official position is also prohibited.
Definitions
GIFT:
any gratuity, favor, discount, entertainment, hospitality, loan, forbearance,
or other item having monetary value.
PROHIBITED SOURCE means any person/organization (a majority of
whose members are):
- - Seeking official action by USDA;
- - Conducting business or seeking to do business with USDA;
- - Conducting activities regulated by USDA; or
- - Having interests that may be substantially affected by performance
or nonperformance of the employee's official duties.
Exclusions
Gifts do not include:
- Coffee, donuts and similar modest items of food and refreshments
when offered other than as part of a meal;
- Greeting cards and most plaques, certificates and trophies;
- Prizes in contests open to the public;
- Commercial discounts available to the general public or to all
Government or military personnel;
- Commercial loans, and pensions and similar benefits;
- Anything paid for by the Government, secured by the Government
under Government contract or accepted by the Government in accordance
with a statute; or
- Anything for which the employee pays market value.
Disposition of Gifts Received
When a gift cannot be accepted, the employee can:
- Pay the donor the market value of the gift;
- Return the gift with a polite declination; or
- If a perishable item, the employee may obtain approval to:
- - Donate the gift to a charity;
- - Destroy; or
- - Share the gift within the office.
Exceptions
There are eleven exceptions to the prohibition for receiving gifts from
entities seeking to do business with USDA. Employees may accept:
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NUMBER
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EXCEPTION
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1
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Gifts with a market value of $20 or less per occasion provided
that the aggregate market value of individual gifts received from
any one person/organization does not exceed $50 in a calendar year.
Cash may not be accepted as a gift. Cash may only be accepted in
connection with awards. (See Special Note on next page.)
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2
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Gifts clearly motivated by a family relationship or personal friendship.
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3
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Commercial discounts and similar benefits offered to groups in
which membership is not related to Government employment, or if
membership is related to Government employment, where the same offer
is broadly available to the public through similar groups or by
persons who are not prohibited sources.
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4
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Certain awards and honorary degrees (see Special Note on next page).
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5
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Gifts resulting from the outside business activities of employees
and their spouses.
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6
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Travel and entertainment in connection with employment discussions.
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7
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Free attendance provided by the sponsor of an event for the day
on which an employee is speaking or presenting information at the
event.
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8
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Free attendance provided by the sponsor of a widely attended gathering
of mutual interest to a number of parties where the necessary determination
of agency interest has been made.
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9
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Invitations to social events extended by persons who are not prohibited
sources, provided no one is charged a fee to attend the event.
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10
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Certain gifts of food and entertainment in foreign areas (see Special
Note on next page).
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11
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Gifts accepted by the employee under a specific statute, or pursuant
to a supplemental agency regulation.
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Special Note
All external awards of cash and gifts with an aggregate market value
greater than $225 (except those awards announced through the Agency's
Awards Program) may be accepted only after a written determination is
made by the Agency Ethics Advisor. (External awards announced through
the Agency's Awards Program do not require a written determination from
the Ethics Advisor because they were reviewed by the Department.)
For further discussion of foreign gifts, see page 21-23 of the Standards
of Ethical Conduct.(5
CFR 2635.204 & 5 CFR 2635.205)
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