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ABSCAM — Part 8

57 pages · May 08, 2026 · Document date: Apr 22, 1982 · Broad topic: Politics & Activism · Topic: ABSCAM · 57 pages OCR'd
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. and idave available fur review by em- ‘PS and special Government em- PS. aS appropriate, copies of laws, uxecutive order. agency regula- 4 and pertinent OPM regulations “qnstructions relating to ethical “her eonduct. Agency regulations issued under art are effective only after ap- . | bv OPM and publication in the ' aL Recisrer. . tequests for approval of agency tions to be issued under this ' }all be directed to the Office of nel Management. Office of the on Counsel. Washington. D.C. This Section applies to any ment of agency regulations “under this part. ‘N agency head who does not ‘ry it feasible to. Prepare agency ions under this part because of ~All number of his employees, or -her reason acceptable to OPM, ‘pt the regulations in this part Feation, aS appropriate, to the "7eS and special Government 3es of his agency if: 3 Obtains the approval of OPM adoption: and jer obtaining that approval. he -A Notice to the Feperat Recis- “sOuncing the applicability of to his employees, : : Interpretation and advisory serv- § \king employee of his agency -fappropriate experience. pref. “zal, and in whom he has com- _ 4sonal confidence. to be the } for the agency and to serve gency’s designee to OPM on fOvered by this part. The 4 Shall be made responsible ‘nation of the agency’s roun- ‘peices provided under para- of this section and for assur- counseling and interpreta- uestions of conflicts of inter- sher matters covered by this _ ¥ailable to deputy counselors | under paragraph (b) of tais y 4 i i { i 4 i t 1 yj agency head shall designate tyr eet ARENCY Lead shall designate deputy counselors for the agency's em Ployees and Special Government em ployees. Deputy counselors designated under this section shall be qualified and in a position to give authoritative advice and guidance to each employee and special Government employee who seeks ad ce -on questions of conflicts of nterest and on other matters covered by this part. (c) Each agency shall notify its em. Ployees and special Government em. ployees of the availability of counse}- ing services and of how and where these services are available. This notj- fication shall be made within 90 da:s after approval of the agency reguli. tions to be issued under this part. ard Periodically thereafter. In the case af a new employee or Special Gover. ment empioyvee appointed after ths notification, notification shall be made at the time of his entrance on duty. § 735.106 Reviewing statements and re- porting conflicts of interest. (a) Agency regulations issued under this part shall establish a system for the review of Slatements of employ ment and financial interests submitted under Subpart D of this part. The System of review shall be designed to disclose conflicts of interest or appar. ent conflicts of interest On the part of employees and special Government employees (b) The system of review established under Paragraph (a) of this section Shall provide that. when a statement submitted under Subpart D of this Part or information from other Sources indicates a conflict between the interests of an employee or special! Government employee and the per- formance of his services for the Gov- ernment and when the conflict or ap- pearance of conflict is not resulved at a lower level in the agency, the infor- mation concerning the conflict or ap- pearance of conflict shall be reported to the agency head through the coun. selor for the agency. (c) The employee or special Govern- ment employee concerned shall be Provided an Opportunity to explain the conflict or appearance of conflict. 370 _—. o. aente = § 735.107 Disciplinary and other remedial action, (a) Agency regulations issued unde this part shall provide that a violatio of the agency regulations by an em- ployee or special Government employ- ee may be cause for appropriate disci- plinary action which may be in addi- tion to any penalty prescribed by law. (b) When, after consideration of the explanation of the employee or special} Government employee provided by § 735.106, the agency head decides that remedial action is required, he shal} take immediate action to end the con- flicts or appearance Of conflicts of _in- terest. Remedial action may include. but is not limited to: (1) Changes in assigned duties: (2) Divestment by the employee or Special Government employee of his conflicting interest: @ Disciplinary action: or (4) Disqualification for @ particular assignment. Remedial action, whether disciphnary or otherwise, shall be effected in ac. cordance with any applicable laws, Ex. ecutive orders, and regulations. Subpart B—Agency Regulations Gov- erning Ethical and Other Conduct and Responsibilities of Employees § 735.201 Specific Provisions of agency regulations. Agency regulations issued under this Subpart, as a minimum, shal] contain Provisions covering the Standards of and governing the ethical and other conduct of its employees set forth in §§ 735.202 through 735.210. (b) Giving preferential treatment to any person: (ec) Impeding Government efficiency or economy: (d) Losing complete independence or impartiality; (e) Making a Government decision outside officia} channels: or Shall not solicit or accept. directiy or indirectly, any gift. gratuity, favor, en tertainment, loan, or any other thine of monetary value, from a person who (1) Has. or is seeking to obtain. ¢ 1. tractual or other business or finance “a relations with his agency: (2) Conducts Operations or acti, +s that are regulated by his agency: o- (3) Has interes's that mas be .o° Stantially affectec by the performar. - or nonperformance of his Official duis (0) Agency regulations mpleme Nr, Paragraph (a) of this section ma «fre. vide for such exceptions as mai: necessary and appropriate in view Ay the nature of the aBeEncy’s work ane the duties and responsibilities of tis employees. Appropriate exceptions which may be made by an agency 4). clude, but are not limited to. those that. (1) Govern obvious famils or person al relationships ‘such as thase ,. tween the parents, children, or spouse of the emplovee and the employe. when the circumstances make it Clear that it is those relationships rather than the business of the persone ey. cerned which are the mouwating : 3. tors: (2. Permit acceptance of food ar. . {resnments of nominal value on pry quent occasions in the ordinary cours. of a luncheon or dinner meeting i; other meeting or on an inspectio€ where an employee may Property Swe" 11, attendance: and usual activities of emplovees, suet: as home mortgage loans: and (4) Permit acceptance of uNnsohicite: advertising or Promotional! material. such as pens, pencils, note pads, calen. dars and other items of nominal} tn. trinsic value. (c) (Reserved) ' (d) An employec shall not solicit a contribution from another emploves for a gift to an official superior. make 371
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