Gifts resulting from the outside business activities of employees and their spouses;
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;
Certain gifts of food and entertainment in foreign areas;
LIMITATIONS ON USE OF EXCEPTIONS. An employee may not use any of the exceptions noted
above to solicit or coerce the offering of a gift or to accept gifts:
For being influenced in the performance of official duties;
In violation of any statute;
So frequently as to appear to be using public office for private gain; or
In violation of applicable procurement policies regarding participation in vendor promotional training.
DISPOSITION OF GIFTS. When an employee cannot accept a gift, the employee should pay the
donor its market value. If the gift is a tangible item, the employee may instead return the gift. Subject
to approval, however, perishable items may be donated to a charity, destroyed or shared within the
office.
4. Gifts between Employees (Synopsis of Subpart C)
BASIC PROHIBITION. An employee shall not:
Give or solicit for a gift to an "official superior;" or
Accept a gift from a lower-paid employee, unless the donor and recipient are personal friends who
are not in a superior-subordinate relationship.
DEFINITION OF AN OFFICIAL SUPERIOR. The term "official superior" includes anyone whose official
responsibilities involve directing or evaluating the performance of the employee's official duties or those
of any other official superior of the employee. The term is not limited to immediate supervisors but
applies to officials up the supervisory chain.
EXCEPTIONS. Subject to a limitation on using any exception to coerce a gift from a subordinate, there
are exceptions that:
a. On an occasional basis, including birthdays and other occasions when gifts are traditionally
exchanged, permit giving and accepting:
(1) Items other than cash aggregating or less per occasion;
MP1022
1-28
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