[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: 5CFR2601.202]

[Page 452-453]
 
                    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.  2601.202  Procedure.

    (a) The authorized agency official shall have the authority to 
solicit, accept, refuse, return, or negotiate the terms of acceptance of 
a gift.
    (b) An employee, other than an authorized agency official, shall 
immediately forward all offers of gifts covered by this part regardless 
of value to an authorized agency official for consideration and shall 
provide a description of the gift offered. An employee shall also inform 
an authorized agency official of all discussions of the possibility of a 
gift. An employee shall not provide a donor with any commitment, 
privilege, concession or other present

[[Page 453]]

or future benefit (other than an appropriate acknowledgment) in return 
for a gift.
    (c) Only an authorized agency official may solicit, accept or 
decline a gift after making the determination required under the 
conflict of interest standard in Sec.  2601.203. An authorized agency 
official may find that, while acceptance of an offered gift is 
permissible, it is in the interest of the agency to qualify acceptance 
by, for example, limiting the gift in some way. Approval of acceptance 
of a gift in-kind after receipt of the gift may be granted as deemed 
appropriate by the authorized agency official.
    (d) Gifts may be acknowledged in writing in the form of a letter of 
acceptance to the donor. The amount of a monetary gift shall be 
specified. In the case of nonmonetary gifts, the letter shall not make 
reference to the value of the gift. Valuation of nonmonetary gifts is 
the responsibility of the donor. Letters of acceptance shall not include 
any statement regarding the tax implications of a gift, which remain the 
responsibility of the donor. No statement of endorsement should appear 
in a letter of acceptance to the donor.
    (e) A gift may be declined by an authorized official orally or in 
writing. A donor may be advised of the reason why the gift has been 
declined. A gift may be declined solely as a matter of agency 
discretion, even though acceptance would not be precluded under the 
conflict of interest standard in Sec.  2601.203.
    (f) A gift of money or the proceeds of a gift shall be deposited in 
an appropriately documented agency fund. A check or money order should 
be made payable to the ``U.S. Office of Government Ethics.''