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Frequently Asked Questions - Gifts in General from Outside Sources




Gifts from Domestic and Private Sources

Question:  When is a gift given because of an employee's official position?

Answer:  If the gift would not have been offered or given if you held some other position, or if it is offered or given because you work where you work and/or have your duties in the Agency.  See 5 CFR § 2635.203(e)

Question:  You are a Hydrologist program specialist/researcher.  An agricultural cooperative that has business dealings with the Department invites you to participate in an all-expense paid tour of the farms and processing facilities of the members of the cooperative.  It does not matter to the cooperative whether you participate in a private capacity or on official time.  May you accept the invitation?

Answer:  The agricultural cooperative is a prohibited source that offered the all-expense tour because of your official position.  The offer does not meet any exclusion or exception that would permit you personally to accept. 

Your agency cannot accept the gift of travel because the proposed travel does not meet the "meeting or similar function" definition of the regulatory authority for accepting travel and expenses for travel for non-Federal sources.  41 C.F.R. §304-1.2(c)(3).