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CHAPTER IV-EXPORT-IMPORT BANK OF

THE UNITED STATES

Part 400 401 402 403

Page 294 311 316

Standards of conduct.
Procedures.
Extension of credit.
Classification, downgrading, declassification, and

safeguarding of national security information.....
Disclosure of information .....
Privacy Act rules
Book-Entry procedures...
Regulations governing public observation of Ex-

imbank meetings ...

317 322 328 331

404 405 406 407

.....

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Subpart B-Implementation 400.735-20 Dissemination. 400.735-21 Ethics Committee. 400.735-22 Counselor on Ethics. 400.735-23 Deputy Counselor on Ethics. 400.735-24 Availability of counseling. 400.735-25 Complaints. 400.735-26 Disciplinary and other remedial

action.

Subpart C-Special Categories of Bank

Employees

400.735-30 Certain Bank employees who

are required to submit statements of em

ployment and financial interests. 400.735-31 Bank employees other than reg.

ular full-time. 400.735-32 Presidential appointees.

§ 400.735-1 General.

(a) Subparts A through C of this Part 400 are issued to direct attention of Bank employees to certain important provisions of statute, in particular Public Law 87-849 effective January 21, 1963, relating to bribery, graft, and conflicts of interest, and to Executive Order 11222, dated May 8, 1965–Prescribing Standards of Ethical Conduct for Government Officers and Employees, and to set forth additional rules which each Bank employee must observe. The references to statutes appearing in Subparts A through Care not intended to be complete and the comments are not intended to be exhaustive. Therefore, even though Bank employees shall be expected to conduct themselves in accordance with Subparts A through C, they shall not regard these requirements as the entire expression of the highest standards of conduct and integrity.

(b) Subpart D of this part prescribes procedures governing the appointment and utilization of other than regular full-time Bank employees, and standards of conduct for persons appearing before the Bank other than as officers

Subpart D-Procedures Applicable to Other

Than Regular Full-Time Bank Employees and Certain Related Standards of Conduct

400.735-40 Procedures governing appoint

ment and utilization. 400.735-41 Standards of conduct for per

sons appearing before the Bank other than as officers or employees of the

Bank. 400.735-42 Standards of conduct applicable

to special Government employees.

or employees of the Bank and standards of conduct applicable to special Government employees.

(c) Subpart E of this part prescribes procedures for the submission of statements of employment and financial interests.

Subpart A-Regular Full-Time Bank Employees-Standards of Gonduct

$ 400.735-5 Gifts, gratuities, entertain

ment, and favors. (a) Constitutional and Statutory. (1) Criminal statutes prohibit a Bank employee from soliciting or receiving anything of value for himself or another in return for being influenced in the performance of an official act (18 U.S.C. 201).

(2) Criminal statutes prohibit a Bank employee from soliciting or receiving for himself anything of value for or because of any official act performed or to be performed by the Bank employee (18 U.S.C. 201).

(3) Criminal statutes forbid outside pay for Government work (18 U.S.C. 209).

(4) Statutes prohibit a Bank employ. ee from soliciting contributions from another Bank employee for a gift to a Bank employee in a superior official position, prohibit a Bank employee from accepting a gift presented as a contribution from a Bank employee receiving less salary than himself, and prohibit Bank employee from making a donation as a gift to a Bank employee in a superior official position (5 U.S.C. 7351). However, Civil Service Regulations provide that the foregoing does not prohibit a voluntary gift of nominal value or donation in a nominal amount made on a special occasion such as marriage, illness, or retirement.

(5) A Bank employee shall not request or otherwise encourage the tender of a gift or decoration from a foreign government, and a Bank employee shall not accept a gift, present, decoration, or other thing from a foreign government unless the employee has complied with appropriate regulations issued by the Department of State (Article I, section 9, U.S. Constitution; 5 U.S.C. 7342; 22 CFR Part 3).

(b) Rules and comment. (1) Except as provided in paragraph (b)(2) of this section, a Bank employee shall not solicit or accept, directly or indirectly, any gift, gratuity, favor, entertainment, loan, or any other thing of monetary value, from a person who:

(i) Has, or is seeking to obtain, contractual or other business or financial relations with the Bank; or

(ii) Has interests that may be substantially affected by the performance or nonperformance of the Bank em. ployee's official duty. In those cases in which the tender of any such gift, gratuity, or other thing of monetary value occurs under cir. cumstances making the return thereof to the donor either impractical or impossible, or where it is considered that the return thereof would occasion embarrassment to the Bank, the Bank employee shall promptly deliver the item involved to the Vice PresidentAdministration of the Bank. All such items delivered to the Vice PresidentAdministration shall be disposed of by him in accordance with instructions of the Ethics Committee (see Subpart B of this part).

(2) Notwithstanding the foregoing, a Bank employee may:

(i) Accept gifts, entertainment, or favors given as a result of obvious family or personal relationships (such as those between parents, children, or spouse of the Bank employee and the Bank employee) when the circumstances make it clear that it is those relationships rather than the business of the persons concerned which are the motivating factors;

(ii) Accept food and refreshments of nominal value on infrequent occasions in the ordinary course of a luncheon or dinner meeting or other meeting (including functions sponsored by a government or an embassy and ceremonial functions), or on an inspection tour where such Bank 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 usual activities of employees, such as home mortgage loans;

40-028 (-79-20

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(iv) Accept unsolicited advertising or promotional material, such as pens, pencils, note pads, calendars, and other items of nominal intrinsic value; and

(V) Accept table favors, mementos, remembrances, or other tokens bestowed at official functions and other gifts of minimal value received as souvenirs or marks of courtesy from a foreign government, the burden of proof being upon the recipient to establish that the gift is of minimal value (5 U.S.C. 7342; 22 CFR Part 3).

$ 400.735-6 Outside employment and other

activities. (a) Statutory. With certain exceptions, criminal statutes forbid a Bank employee, except in discharge of official duty, from representing anyone else before a court or a Government agency in a matter in which the United States Government is a party or has a direct and substantial interest (18 U.S.C. 203 and 205).

(b) Rules and comment. (1) A Bank employee shall not engage in outside employment or other outside activity not compatible with the full and proper discharge of the duties and responsibilities of his Bank employment. Incompatible activities include but are not limited to:

(i) Acceptance of a fee, compensation, gift, payment of expense, or any other thing of monetary value in circumstances in which acceptance may result in, or create the appearance of, conflicts of interest; or

(ii) Outside employment which tends to impair his mental or physical capacity to perform his Bank duties and responsibilities in an acceptable manner.

(2) Bank employees are encouraged to engage in teaching, lecturing, and writing that is not prohibited by law or regulations. However, a Bank employee shall not, either for or without compensation, engage in teaching, lecturing, or writing, including teaching, lecturing, or writing for the purpose of the special preparation of a person or class of persons for an examination of the Commission or Board of Examiners for the Foreign Service, that depends on information obtained as a result of his Bank employment, except

when that information has been made available to the general public or will be made available on request, or when the President of the Bank gives written authorization for the use of nonpublic information on the basis that the use is in the public interest.

(3) To assure that no possible conflict with Bank duties and interest shall arise, a Bank employee shall disclose the nature of all outside employment to the Ethics Committee and pot undertake such employment unless the Ethics Committee shall approve.

(4) This $ 400.735-6 shall not preclude a Bank employee from:

(i) Participating in discussions and meetings of a professional nature held outside of Washington to which such Bank employee has been invited and from receiving from outside sources bona fide reimbursement for actual expenses of travel and subsistence incurred in connection with his participation if such Bank employee's participation is not a part of his official duties at the Bank.

(ii) Accepting (unless prohibited by law) the unsolicited provision by others of transportation, lodging, or meals or the unsolicited reimbursement by others for the cost thereof, provided acceptance by the Bank employee was made while the Bank employee was on official travel status and was engaged in Bank business, provided the transportation, lodging, or meals which were provided or subject to reimbursement by others were not excessive in value and provided the Bank employee does not accept reimbursement from the Bank for such transportation, lodging, or meals. However, this paragraph does not allow an employee to be reimbursed, or payment to be made on his behalf, for excessive personal living expenses, gifts, entertainment, or other personal benefits, nor does it allow an employee to be reimbursed by a person for travel on official business under agency orders when reimbursement is proscribed by Decision B-128527 of the Comptroller General dated March 7, 1967.

(iii) Participating in the affairs of or acceptance of an award for a meritori. ous public contribution or achieve

ment given by a charitable, religious, professional, social, fraternal, nonprofit educational and recreational, public service, or civic organization. $ 400.735–7 Financial interest of Bank em

ployee or connected person or entity. (a) Statutory. Criminal statutes prohibit a Bank employee from participating in any Bank matter in which, to his knowledge, he, his spouse, his minor child, his partner, or any organization in which he is employed or negotiating to be employed has a financial interest (18 U.S.C. 208).

(b) Rules and comment. (1) The law does not specify the minimum financial interest which gives rise to a conflict of interest. If a Bank employee has occasion to act upon a matter in which to his knowledge he (or a person or an organization with whom he is closely connected) has any financial interest (whether in the form of securities or otherwise) he shall disqualify himself from acting. However, the statute authorizes a waiver under certain circumstances. If a Bank employee believes that the circumstances warrant the issuance of a waiver, he shall, before proceeding to act, disclose fully such interest to the official responsible for his appointment. He shall then act upon the matter only after he has received a written determination by the appointing official that the financial interest is not so substantial as to be deemed likely to affect the integrity of the services which the Bank may expect from the Bank employee. The power of exemption shall be exercised by the appointing official after consultation with the Ethics Committee.

(2) A Bank employee shall not have a direct or indirect financial interest that conflicts substantially, or appears to conflict substantially, with his duties or responsibilities at the Bank. $ 400.735-8 Confidential information.

(a) Statutory. Criminal statutes prohibit a Bank employee from disclosing, other than as provided by law, business information obtained through his employment (18 U.S.C. 1905).

(b) Rules and comment. (1) A Bank employee shall not make available to

anyone outside the Bank information or documents in the possession of the Bank and held by the Bank on a confidential basis.

(2) A Bank employee shall not engage in, directly or indirectly, financial transactions or further his personal interests, as a result of, or primarily relying upon, information obtained through his employment at the Bank.

(3) A Bank employee shall not make use of give the appearance of making use, or permit others to make use or give the appearance of making use, of official information not made available to the general public for the purpose of furthering a private interest.

(4) As a result of their official duties, Bank employees will frequently have access to business information of a confidential nature. Typically, this might involve expansion plans by companies seeking the Bank's financial assistance. Such information is disclosed for official use within the Bank and is made available for no other purpose than consideration of the loan application or other matters involved. Where such confidential business information might be compromised in responding to outside inquiries from apparently authorized or legitimate sources, such as other Government agencies, staff members should refer these inquiries to the Ethics Committee to determine whether the nature and circumstances of such inquiries justify disclosure of the particular information sought. Such information should be disclosed to part-time employees and consultants of the Bank only to the extent authorized by the officer responsible for the appointment of such part-time employee or consultant.

8 400.735-9 Former employees.

(a) Statutory. Criminal statutes prohibit a former Bank employee from acting as agent or attorney, at any time, for anyone in connection with a particular matter in which the United States Government has an interest and in which he participated personally and substantially while at the Bank, or appearing personally as agent or attorney for anyone, within one year after leaving the Bank, in connection with a particular matter in which the

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