tour where such special Government employee is authorized by the Bank to be in attendance;

(iii) Accept loans from banks or other financial institutions on customary terms to finance proper and normal activities of employees, such as home mortgage loans; and

(iv) Accept unsolicited advertising or promotional material, such as pens, pencils, note pads, calendars, and other items of nominal intrinsic value. (e) Further disclosure. If a special Government employee submitted to the Bank information as to his private employment and financial interests, he shall advise the Bank of any major change in such information promptly after such change has occurred. A special Government employee shall promptly advise the Bank of any additional employment with other Government agencies which he may have accepted after his appointment by the Bank.

(f) Representation on certain matters. No person, while carried on the Bank's records as a special Government employee, shall be permitted to act as agent or attorney for anyone in connection with a particular matter involving a specific party or parties.

(1) In which the United States is a party or has a direct and substantial interest and in which he has at any time participated personally and substantially as a Government employee or a special Government employee, or (2) Which is pending before the Bank unless he has worked for the Bank, as of the day he acts, less than 61 days of the preceding 365 days (such exception not being applicable if such person has been disqualified with respect to the same matter at any previous time). For this computation, parts of days on which duty is performed shall be counted as full working days and Saturdays, Sundays, and holidays on which duty is performed shall be included.

(g) Representation on matter worked on. No person who is or once was carried on the Bank's records as a special Government employee shall be permitted to act as agent or attorney for anyone in connection with any matter which relates to the subject on which he is or was working at the Bank

unless his thus acting as agent or attorney occurs with the knowledge and express written approval of the appointing officer responsible for his appointment.

(h) Statements of employment and financial interest. The President of the Bank may waive the requirement in § 400.735-40(d) for the submission of a statement of employment and financial interests in the case of a special Government employee who is not a consultant or an expert when the Bank finds that the duties of the position held by that special Government employee are of a nature and at such a level of responsibility that the submission of the statement by the incumbent is not necessary to protect the integrity of the Government. For the purpose of paragraph (h) of this section, "consultant" and "expert" have the meanings given those terms by Chapter 304 of the Federal Personnel Manual, but do not include:

(1) A physician, dentist, or allied medical specialist whose services are procured to provide care and service to patients;

(2) A veterinarian whose services are procured to provide care and service to animals; or

(3) A specialist appointed for intermittent confidential intelligence consultation of brief duration.

The rules set forth in §§ 400.735-52, 400.735-53, 400.735-54, and 400.735-55 shall apply in connection with the submission of statements of employment and financial interests by special Government employees.

(i) Statutory provisions. Attention is directed to the following statutory provisions:

(1) The prohibition against a Bank employee participating, in any manner, in the deliberation or determination of any matter affecting his personal interest or the interests of any corporation, partnership, or association in which he is directly or indirectly interested, (12 U.S.C. 635a(e)).

(2) The prohibition against bribes and related offenses, (18 U.S.C. 201).

(3) The prohibition against gifts among Government employees who are in the position of superior-subordinate to each other, (5 U.S.C. 7351).

(4) The prohibition against gifts and so forth from a foreign government unless authorized by State Department regulations, (Article I, section 9, U.S. Constitution; 5 U.S.C. 7342; 22 CFR Part 3).

(5) The prohibitions relating to conflicts of interests and related offenses, (18 U.S.C. 203, 205, 207, and 208).

(6) The prohibition against lobbying with appropriated funds, (18 U.S.C. 1913).

(7) The prohibitions against disloyalty and striking, (5 U.S.C. 7311, 18 U.S.C. 1918).

(8) The prohibition against the employment of a member of a Communist organization, (50 U.S.C. 784).

(9) The prohibitions against: (i) The disclosure of classified information, (18 U.S.C. 798, 50 U.S.C. 783); and (ii) the disclosure of confidential information, (18 U.S.C. 1905).

(10) The prohibition against the misuse of a Government vehicle, (31 U.S.C. 638a(c)).

(11) The prohibition against the misuse of the franking privilege, (18 U.S.C. 1719).

(12) The prohibition against fraud or false statements in a Government matter, (18 U.S.C. 1001).

(13) The prohibition against mutilating or destroying a public record, (18 U.S.C. 2071).

(14) The prohibition against counterfeiting and forging transportation requests, (18 U.S.C. 508).

(15) The prohibition against: (i) Embezzlement of Government money or property, (18 U.S.C. 641); (ii) failing to account for public money, (18 U.S.C. 643); and (iii) embezzlement of the money or property of another person in the possession of an employee by reason of his employment, (18 U.S.C. 654).

(16) The prohibition against unauthorized use of documents relating to claims from or by the Government, (18 U.S.C. 285).

(17) The prohibitions against political activities in subchapter III of chapter 73 of title 5, United States Code, and 18 U.S.C. 602, 603, and 607.

(18) The prohibition against an employee acting as the agent of a foreign principal registered under the Foreign

Agents Registration Act, (18 U.S.C. 219).

Subpart E-Procedures for Submission of Statements of Employment and Financial Interests

§ 400.735-50 Applicability.

Pursuant to Executive Order 11222 dated May 8, 1965, and Part 735 of Civil Service Commission regulations (5 CFR Part 735), this Subpart E sets forth the rules which shall apply in connection with the submission of statements of employment and financial interests.

§ 400.735-51 Time and place for submission.

Statements referred to shall be submitted by all employees of the Bank (whether full-time or part-time) who are required to submit such statements on June 30 of each year. Employees who, after June 30, 1973, are appointed to a position requiring submission of such statements, shall submit such statements within 30 days after appointment. All statements shall be submitted to the Chairman of the Ethics Committee. Each employee who previously submitted any such statement shall submit a supplementary statement each June 30, regardless of whether or not there were occurrences which would require changes in, or additions to, information previously submitted, and shall at all times avoid acquiring a financial interest that could result, or taking an action that would result, in a violation of the conflicts-of-interest provisions of section 208 of title 18, United States Code, or of this part.

§ 400.735-52 Form of statements.

Statements of employment and financial interests shall be submitted on standard forms provided by the Civil Service Commission, copies of which are available in the Personnel Office of the Bank. The following rules shall be observed in preparing the statements:

(a) The interest of a spouse, minor child, or other member of the employee's immediate household is considered to be an interest of the employee.

For the purpose of paragraph (a) of this section, "member of an employee's immediate household" means those blood relations who are residents of the employee's household.

(b) If any information required to be included on a statement of employment and financial interests or supplementary statement, including holdings placed in trust, is not known to the employee but is known to another person, the employee shall request that other person to submit information in his behalf.

(c) An employee is not required to submit on a statement of employment and financial interests or supplementary statement any information relating to the employee's connection with, or interest in, a professional society of a charitable, religious, social, fraternal, recreational, public service, civic, or political organization or a similar organization not conducted as a business enterprise. For the purpose of paragraph (c) of this section, educational and other institutions doing research and development or related work involving grants of money from or contracts with the Government are deemed "business enterprises” and are required to be included in an employee's statement of employment and financial interests.

§ 400.735-53 Confidentiality of employee's statements.

The Bank shall hold each statement of employment and financial interests, and each supplementary statement, in confidence. To insure this confidentiality, the Chairman of the Ethics Committee is designated to review and retain the statements, and shall be responsible for the maintenance of the statements in confidence, and he shall not allow access to, or allow information to be disclosed from, a statement except to carry out the purpose of this part. The Bank may not disclose information from a statement except as the Civil Service Commission or the President of the Bank may determine for good cause shown.

§ 400.735-54 Effect of employee's statements on other requirements.

The statements of employment and financial interests and supplementary

statements required of employees are in addition to, and not in substitution for, or in derogation of, any similar requirement imposed by law, order, or regulation. The submission of a statement or supplementary statement by an employee does not permit him or any other person to participate in a matter in which his or the other person's participation is prohibited by law, order, or regulation.

$ 400.735-55 Review of statements and remedial action.

All statements submitted to the Chairman of the Ethics Committee shall be reviewed by him in consultation with the other members of the Ethics Committee as he deems appropriate. If any statement or information from other sources discloses a conflict of interest, or an apparent conflict of interest, between the interests of an employee and the performance of such employee's duties at the Bank, the Chairman of the Ethics Committee shall give such employee an opportunity to explain such conflict, or apparent conflict, and if such explanation is not satisfactory, the Chairman of the Ethics Committee shall take such action as he deems appropriate to resolve such conflict, or apparent conflict. If the Chairman of the Ethics Committee is unable to resolve such conflict, or apparent conflict, he shall report the matter to the President of the Bank who shall then take appropriate remedial action to end such conflict, or apparent conflict. Remedial action may include, but is not limited to:

(a) Changes in assigned duties;

(b) Divestment by the employee of his conflicting interest;

(c) Disciplinary action; or

(d) Disqualification for a particular assignment.

Remedial action, whether disciplinary or otherwise, shall be effected in accordance with any applicable laws, Executive orders, and regulations.

Subpart F-Employee Report of

Securities Transactions

AUTHORITY: Secs. 602, 701, 702, E.O. 11222; 3 CFR 1964-1965 Comp., p. 306, 5 CFR 735.104 and 735.403(d).

SOURCE: 40 FR 28449, July 7, 1975, unless otherwise noted.

§ 400.735-60 Reporting requirement.

Each Bank employee included within the provisions of § 400.735-61 shall report every transaction in any security by submitting a report within ten business days of any such transaction in any security to the Deputy General Counsel, who is a member of the Ethics Committee and has been appointed by the Ethics Committee to administer the reporting requirement described in this Subpart F. Other changes in holdings resulting from inheritance or from reclassification, gift, stock dividend or splitup, for example, shall be reported promptly. The Deputy General Counsel shall report every transaction, as described herein, in which he is personally involved to the Chairman of the Ethics Committee. Reports shall be prepared in duplicate (one original and one carbon copy) on the official form provided for this purpose, which is the Employee Report of Securities Transactions, EIB Form 75-1, copies of which may be obtained from the Personnel Office of the Bank.

§ 400.735-61 Applicability.

The following employees shall be subject to the reporting requirement of § 400.735-60:

(a) Each Director of the Bank, and each Bank employee (whether fulltime or part-time) in grade GS-11 and above, under section 5332 of Title 5, United States Code, whose holdings have not been placed in a blind trust; and

(b) Each other Bank employee as shall be designated from time to time by the Ethics Committee.

§ 400.735-62 Content of reports.

(a) Each Employee Report of Securities Transactions shall include as to each securities transaction the date of the transaction, the full name of the security (including the date of maturi

ty, if appropriate), whether the security was bought or sold, the number of shares or bonds involved, and the price;

(b) There shall be included in the Report any transaction effected: (1) By or on behalf of the Bank employee, (2) for the account of other persons by the Bank employee, directly or indirectly, under a power of attorney or otherwise, and (3) by or on behalf of his spouse, minor child or other member of his immediate household (meaning a resident of the employee's household who is related to him by blood or marriage).

§ 400.735-63 Foreign exchange trading.

No foreign exchange trading for short-term speculative purposes shall be engaged in or effected: (a) By or on behalf of the Bank employee, (b) for the account of other persons by the Bank employee, directly or indirectly, under a power of attorney or otherwise, or (c) by or on behalf of his spouse, minor child or other member of his immediate household.

§ 400.735-64 Exceptions.

(a) The requirements of this Subpart F shall not apply to personal promissory notes, individual real estate mortgages, United States Government and Agency securities and securities issued by building and loan associations, and any securities held in or invested by a blind trust;

(b) Any Bank employee who is a trustee or other fiduciary or a beneficiary of a trust or estate holding securities not exempt by paragraph (a) of this section shall report the existence and nature of such trust or estate to the Deputy General Counsel. The transactions of such trust or estate shall be subject to all provisions of this Subpart F except in situations where the Bank employee is solely a beneficiary and has no power to control and does not in fact control or advise with respect to the investments of the trust or estate, and except to the extent that the Ethics Committee shall otherwise direct in view of the circumstances of the particular case;

(c) Any Bank employee who believes the requirements of § 400.735–62(b)(3)

or § 400.735-63(c) relating to members of the employee's household will result in undue hardship in a particular case may make written application to the Ethics Committee setting out, in detail, the reasons for such belief and requesting a waiver. The Ethics Committee shall be empowered to grant such waiver in such instances and in any other situation arising under this Subpart F in its discretion;

a

(d) If any information required to be included in a Report, including holdings placed in trust, is not known to the employee but is known to another person, the employee shall request that other person to submit information in his behalf in a timely manner; (e) An employee is not required to submit any information relating to the employee's interest in a professional society or charitable, religious, social, fraternal, recreational, public service, civic, or political organization or a similar organization not conducted as a business enterprise. For the purpose of paragraph (e) of this section, educational and other institutions doing research and development or related work involving grants of money from or contracts with the Government are deemed "business enterprises" and securities transactions related thereto are required to be included in a Report.

§ 400.735-65 Remedial action.

All Reports submitted to the Deputy General Counsel, as a member of the Ethics Committee, shall be reviewed by him in consultation with the other members of the Ethics Committee as he deems appropriate. If, in the judgment of the Deputy General Counsel, any statement or information discloses a conflict of interest or a possible conflict or interest, between the interests of an employee and the performance of such employee's duties at the Bank, the Deputy General Counsel shall give such employee an opportunity to explain such conflict, or apparent conflict, and if such explanation is not satisfactory, the Deputy General Counsel shall take such action as he deems appropriate to resolve such conflict, or apparent conflict. If the Deputy General Counsel is unable to resolve such conflict, or apparent con

flict, he shall report the matter to the Chairman of the Ethics Committee who shall then take appropriate remedial action to end such conflict, or apparent conflict. Remedial action may include, but is not limited to:

(a) Changes in assigned duties; (b) Divestment by the employee of his conflicting interest;

(c) Disciplinary action; or

(d) Disqualification for a particular assignment.

Remedial action, whether disciplinary or otherwise, shall be effected in accordance with any applicable laws, Executive Orders, and regulations.

§ 400.735-66 Confidentiality.

The Bank shall hold each Report in co confidence. To insure this confiden- " tiality, the Deputy General Counsel, as a member of the Ethics Committee, is designated to review and retain the statements, and shall be responsible for the maintenance of the statements in confidence, and he shall not allow access to, or allow information to be disclosed from, a statement except to carry out the purpose of this part. The Bank may not disclose information from a statement except as the Civil Service Commission or the Chairman of the Ethics Committee may determine for good cause shown.

§ 400.735-67 Effect of report on other requirements.

The Reports required of employees are in addition to, and not in substitution for, or in derogation of, any similar requirement imposed by law, order, or regulation. The submission of a Report by an employee does not permit him or any other person to participate in a matter in which his or the other person's participation is prohibited by law, order, or regulation.

Subpart G-Regulations Concerning Postemployment Conflicts of In

terest

AUTHORITY: 18 U.S.C. 207; 5 CFR Part 737. SOURCE: 46 FR 1132, Jan. 5, 1981, unless otherwise noted.