PART 102-42—UTILIZATION,
DONATION, AND DISPOSAL OF FOREIGN GIFTS AND DECORATIONS
Subpart A—General
Provisions
102-42.5— What
does this part cover?
Definitions
102-42.10— What
definitions apply to this part?
Care, Handling and
Disposition
102-42.15— Under
what circumstances may an employee retain a foreign gift or decoration?
102-42.20— What
is the typical disposition process for gifts and decorations that employees are
not authorized to retain?
102-42.25— Who
retains custody of gifts and decorations pending disposal?
102-42.30— Who
is responsible for the security, care and handling, and delivery of gifts and decorations
to GSA, and all costs associated with such functions?
102-42.35— Can
the employing agency be reimbursed for transfers of gifts and decorations?
Appraisals
102-42.40— When is a commercial
appraisal necessary?
102-42.45— Who
obtains a commercial appraisal?
102-42.50— Is
there a special format for a commercial appraisal?
102-42.55— What
does the employing agency do with the appraisal?
Special Disposals
102-42.60— Who
is responsible for gifts and decorations received by Senators and Senate
employees?
102-42.65— What
happens if the Commission on Art and Antiquities does not dispose of a gift or decoration?
102-42.70— Who
handles gifts and decorations received by the President or Vice President or a member
of their family?
102-42.75— How
are gifts containing hazardous materials handled?
Subpart B—Utilization of
Foreign Gifts and Decorations
102-42.80— To
whom do “we”, “you”, and their variants refer?
102-42.85— What
gifts or decorations must we report to GSA?
102-42.90— What
is the requirement for reporting gifts or decorations that were retained for
official use but are no longer needed?
102-42.95— How
do we report gifts and decorations as excess personal property?
102-42.100— How
can we obtain an excess gift or decoration from another agency?
102-42.105— What
special information must be included on the SF 122?
102-42.110— How must we justify
a transfer request?
102-42.115— What
must we do when the transferred gifts and decorations are no longer required
for official use?
Subpart C—Donation of
Foreign Gifts and Decorations
102-42.120— When
may gifts or decorations be donated to State agencies?
102-42.125— How
is donation of gifts or decorations accomplished?
102-42.130— Are
there special requirements for the donation of gifts and decorations?
Subpart D—
102-42.135— Whose
approval must be obtained before a foreign gift or decoration is offered for public
sale?
102-42.140— How
is a sale of a foreign gift or decoration to an employee conducted?
102-42.145— When is public sale
of a foreign gift or decoration authorized?
102-42.150— What
happens to proceeds from sales?
102-42.155— Can
foreign gifts or decorations be destroyed?
PART 102-42—UTILIZATION,
DONATION, AND DISPOSAL OF FOREIGN GIFTS AND DECORATIONS
Subpart A—General
Provisions
§102-42.5—What does this part cover?
This part covers the acceptance
and disposition of gifts of more than minimal value and decorations from
foreign governments under 5 U.S.C. 7342. If you receive gifts other than from a
foreign government, you should refer to §102-36.405 of this subchapter B.
Definitions
§102-42.10—What definitions apply to this part?
The following definitions apply
to this part:
“Decoration” means an order,
device, medal, badge, insignia, emblem, or award offered by or received from a
foreign government.
“Employee” means:
(1) An employee as defined by 5
U.S.C. 2105 and an officer or employee of the United States Postal Service or
of the Postal Rate Commission;
(2) An expert or consultant who
is under contract under 5 U.S.C. 3109 with the United States or any agency,
department, or establishment thereof, including, in the case of an organization performing services under that
section, any individual involved in the performance of such services;
(3) An individual employed by or
occupying an office or position in the government of a territory or possession
of the United States or the government of the District of Columbia;
(4) A member of a uniformed
service as specified in 10 U.S.C. 101;
(5) The President and the Vice
President;
(6) A Member of Congress as
defined by 5 U.S.C. 2106 (except the Vice President) and any Delegate to the
Congress; and
(7) The spouse of an individual
described in paragraphs (1) through (6) of this definition of “employee” (unless
this individual and his or her spouse are separated) or a dependent (within the
meaning of section 152 of the Internal Revenue Code of 1986 (26 U.S.C. 152)) of
this individual, other than a spouse or dependent who is an employee under paragraphs (1) through (6) of this
definition of “employee.”
“Employing agency” means:
(1) The department, agency,
office, or other entity in which an employee is employed, for other legislative
branch employees and for all executive branch employees;
(2) The Committee on Standards
of Official Conduct of the House of Representatives, for Members and employees
of the House of Representatives, except that those responsibilities specified
in 5 U.S.C. 7342(c)(2)(A), (e)(1), and (g)(2)(B) must be carried out by the
Clerk of the House;
(3) The Select Committee on
Ethics of the Senate, for Senators and employees of the Senate, except that
those responsibilities (other than responsibilities involving approval of the employing
agency) specified in 5 U.S.C. 7342(c)(2), (d), and (g)(2)(B)
must be carried out by the Secretary of the Senate; and
(4) The Administrative Offices
of the United States Courts, for judges and judicial branch employees.
“Foreign government” means:
(1) Any unit of foreign
government, including any national, State, local, and municipal government and
their foreign equivalents;
(2) Any international or
multinational organization whose membership is composed of any unit of a foreign
government; and
(3) Any agent or representative
of any such foreign government unit or organization while acting as such.
“Gift” means a monetary or
non-monetary present (other than a decoration) offered by or received from a
foreign government. A monetary gift includes anything that may commonly be used
in a financial transaction, such as cash or currency, checks, money orders,
bonds, shares of stock, and other securities and negotiable financial
instruments.
“Minimal value” means a retail
value in the United States at the time of acceptance of $335 or less, except
that GSA will adjust the definition of minimal value in regulations prescribed by
the Administrator of General Services every three years, in consultation with
the Secretary of State, to reflect changes in the consumer price index for the
immediately preceding 3-year period.
Care, Handling and
Disposition
§102-42.15—Under what circumstances may an employee retain a foreign
gift or decoration?
Employees, with the approval of
their employing agencies, may accept and retain:
(a) Gifts of minimal value
received as souvenirs or marks of courtesy. When a gift of more than minimal
value is accepted, the gift becomes the property of the U.S. Government, not
the employee, and must be reported.
(b) Decorations that have been
offered or awarded for outstanding or unusually meritorious performance. If the
employing agency disapproves retention of the decoration by the employee, the
decoration becomes the property of the U.S. Government.
§102-42.20—What is the typical disposition process for gifts and
decorations that employees are not authorized to retain?
(a) Non-monetary gifts or
decorations.
When an employee receives a non-monetary gift above the minimal value or a decoration
that he/she is not authorized to retain:
(1) The employee must report the
gift or decoration to his/her employing agency within 60 days after accepting
it.
(2) The employing agency
determines if it will keep the gift or decoration for official use.
(3) If it does not return the gift
or decoration to the donor or keep it for official use, the employing agency
reports it as excess personal property to GSA for Federal utilization screening under §102-42.95.
(4) If GSA does not transfer the
gift or decoration during Federal utilization screening, the employee may
purchase the gift or decoration (see §102-42.140).
(5) If the employee declines to
purchase the gift or decoration, and there is no Federal requirement for
either, GSA may offer it for donation through State Agencies for Surplus Property
(SASP) under part 102-37 of this subchapter B.
(6) If no SASP requests the gift
or decoration for donation, GSA may offer it for public sale, with the approval
of the Secretary of State, or will authorize the destruction of the gift or
decoration under part 102-38 of this subchapter B.
(b) Monetary gifts. When an employee receives a
monetary gift above the minimal value:
(1) The employee must report the
gift to his/her employing agency within 60 days after accepting it.
(2) The employing agency must:
(i)
Report a monetary gift with possible historic or numismatic (i.e., collectible)
value to GSA; or
(ii) Deposit a monetary gift
that has no historic or numismatic value with the Department of the Treasury.
§102-42.25—Who retains custody of gifts and decorations pending
disposal?
(a) The employing agency retains
custody of gifts and decorations that employees have expressed an interest in
purchasing.
(b) GSA will accept physical
custody of gifts above the minimal value, which employees decline to purchase,
or decorations that are not retained for official use or returned to donors.
Note to §102-42.25(b): GSA will not accept physical
custody of foreign gifts of firearms. Firearms reported by the agency as excess
must be disposed of in accordance with part 101-42 of this title.
§102-42.30—Who is responsible for the security, care and handling, and
delivery of gifts and decorations to GSA, and all costs associated with such
functions?
The employing agency is
responsible for the security, care and handling, and delivery of gifts and
decorations to GSA, and all costs associated with such functions.
§102-42.35—Can the employing agency be reimbursed for transfers of
gifts and decorations?
No, all transfers of gifts and
decorations to Federal agencies or donation through SASPs
will be without reimbursement. However, the employing agency may require the receiving agency to pay all or part of
the direct costs incurred by the employing agency in packing, preparation for
shipment, loading, and transportation.
Appraisals
§102-42.40—When is a
commercial appraisal necessary?
(a) A commercial appraisal is
necessary when an employee indicates an interest in purchasing a gift or
decoration and must be obtained before the gift or decoration is reported to GSA for screening.
(b) GSA may also require the
employing agency to obtain a commercial appraisal of a gift or decoration that
the agency no longer needs before accepting the agency’s report of the item as
excess personal property.
§102-42.45—Who obtains a commercial appraisal?
The employing agency obtains a
commercial appraisal.
§102-42.50—Is there a special format for a commercial appraisal?
There is no special format for a
commercial appraisal, but it must be:
(a) On official company
letterhead;
(b) Prepared in the
(c) Dated; and
(d) Expressed in U.S. dollars.
§102-42.55—What does the employing agency do with the appraisal?
The employing agency must attach
the commercial appraisal to a Standard Form (SF) 120, Report of Excess Personal
Property.
Special Disposals
§102-42.60—Who is responsible for gifts and decorations received by
Senators and Senate employees?
Gifts and decorations received
by Senators and Senate employees are deposited with the Secretary of the Senate
for disposal by the Commission on Art and Antiquities of the United States Senate under 5 U.S.C. 7342(e)(2). GSA is responsible for disposing of gifts or
decorations received by Members and employees of the House of Representatives.
§102-42.65—What happens if the Commission on Art and Antiquities does
not dispose of a gift or decoration?
If the Commission on Art and
Antiquities does not dispose of a gift or decoration, then it must be reported
to GSA for disposal. If GSA does not dispose of a gift or decoration within one
year of the Commission’s reporting, the Commission may:
(a) Request that GSA return the
gift or decoration and dispose of it itself; or
(b) Continue to allow GSA to
dispose of the gift or decoration in accordance with this part.
§102-42.70—Who handles gifts and decorations received by the President
or Vice President or a member of their family?
The National Archives and
Records Administration normally handles gifts and
decorations received by the President and Vice President or a member of the
President’s or Vice President’s family.
§102-42.75—How are gifts containing hazardous materials handled?
Gifts containing hazardous
materials are handled in accordance with the requirements and provisions of
this part and part 101-42 of this title.
Subpart B—Utilization of
Foreign Gifts and Decorations
§102-42.80—To whom do “we”, “you”, and their variants refer?
Use of pronouns “we”, “you”, and
their variants throughout this subpart refers to the employing agency.
§102-42.85—What gifts or decorations must we report to GSA?
You must report to GSA gifts of
more than minimal value, except for monetary gifts that have no historic or
numismatic value (see §102-42.20), or decorations the employee is not authorized
to retain that are:
(a) Not being retained for
official use or have not been returned to the donor; or
(b) Received by a Senator or a
Senate employee and not disposed of by the Commission on Art and Antiquities of
the United States Senate.
§102-42.90—What is the requirement for reporting gifts or decorations
that were retained for official use but are no longer needed?
Non-monetary gifts or
decorations that were retained for official use must be reported to GSA as
excess property within 30 days after termination of the official use.
§102-42.95—How do we report gifts and decorations as excess personal
property?
You must complete a Standard
Form (SF) 120, Report of Excess Personal Property, and send it to the General
Services Administration, Property Management Division (FBP), Washington,
Entry Description
(a) Identity of Employee.
Give the name and position of
the employee.
(b) Description of Item.
Give a full description of the
gift or decoration, including the title of the decoration.
(c) Identity of Foreign Government.
Give the identity of the foreign
government (if known) and the name and position of the individual who presented the gift or decoration.
(d) Date of Acceptance.
Give the date the gift or
decoration was accepted by the employee.
(e) Appraised Value.
Give the appraised value in
the gift is offered for sale to the
employee.)
(f) Current Location of Item.
Give the current location of the
gift or decoration.
(g) Employing Agency Contact Person.
Give the name, address, and
telephone number of the accountable official in the employing agency.
(h) Purchase Interest or Donation
Recommendation.
Indicate whether the employee
wants to buy the gift, or whether the employee wants the gift or decoration donated to an
eligible donee through GSA’s surplus donation program. Document this interest in a
letter outlining any special significance of the gift
or decoration to the proposed donee. Also provide the mailing address and telephone number of both the employee and the proposed
donee.
(i)
Administration
Give the Administration in which the gift or decoration was received (for example, Clinton
Administration).
(j) Multiple Items.
Identify each gift or decoration
as a separate line item. Report multiple gift items that make up a set (for example, a tea
set, a necklace and matching earrings) as a single line item.
§102-42.100—How can we obtain an excess gift or decoration from another
agency?
To obtain an excess gift or
decoration from another agency, you would complete a Standard Form (SF) 122,
Transfer Order Excess Personal Property, or any other transfer order form approved by GSA, for the desired item(s) and submit the
form to the General Services Administration, Property Management Division
(FBP),
§102-42.105—What special information must be included on the SF 122?
Conspicuously mark the SF 122,
“FOREIGN GIFTS AND/OR DECORATIONS”, and include all information furnished by
the employing agency as specified in §102-42.95.
Also, include on the form the
following statement: “At such time as these items are no longer required, they
will be reported to the General Services Administration, Property Management Division (FBP),
§102-42.110—How must we
justify a transfer request?
You may only request excess
gifts and decorations for public display or other bona fide agency use and not
for the personal benefit of any individual. GSA may require that transfer orders
be supported by justifications for the intended display or official use of
requested gifts and decorations. Jewelry and watches that are transferred for
official display must be displayed with adequate provisions for security.
§102-42.115—What must we do when the transferred gifts and decorations
are no longer required for official use?
When transferred gifts and
decorations are no longer required for official use, report these gifts and
decorations to the GSA as excess property on a SF 120, including the original transfer order number or a copy of the
original transfer order.
Subpart C—Donation of
Foreign Gifts and Decorations
§102-42.120—When may gifts or decorations be donated to State agencies?
If there is no Federal
requirement for the gifts or decorations, and if gifts were not sold to the
employee, GSA may make the gifts or decorations available for donation to State
agencies under this subpart and part 102-37 of this subchapter B.
§102-42.125—How is donation of gifts or decorations accomplished?
The State Agencies for Surplus
Property (SASP) must initiate the process on behalf of a prospective donee (e.g., units of State or local governments and
eligible non-profit organizations) by:
(a) Completing a Standard Form
(SF) 123, Transfer Order Surplus Personal Property, and submitting it to
General Services Administration, Property Management Division (FBP), Washington,
(b) Attaching an original and
two copies of a letter of intent to each SF 123 submitted to GSA. An authorized
representative of the proposed donee must sign and
date the letter, setting forth a detailed plan for use of the property. The
letter of intent must provide the following information:
(1) Identifying the donee applicant, including its legal name and complete
address, its status as a public agency or as an eligible nonprofit tax-exempt
activity, and the name, title, and telephone number of its authorized
representative;
(2) A description of the gift or
decoration requested, including the gift’s commercially appraised value or
estimated fair market value if no commercial appraisal was performed; and
(3) Details on the planned use
of the gift or decoration, including where and how it will be used and how it
will be safeguarded.
§102-42.130—Are there special requirements for the donation of gifts and
decorations?
Yes, GSA imposes special
handling and use limitations on the donation of gifts and decorations. The SASP
distribution document must contain or incorporate by reference the following:
(a) The donee
must display or use the gift or decoration in accordance with its GSA-approved
letter of intent.
(b) There must be a period of
restriction which will expire after the gift or decoration has been used for
the purpose stated in the letter of intent for a period of 10 years, except that
GSA may restrict the use of the gift or decoration for such other period when
the inherent character of the property justifies such action.
(c) The donee
must allow the right of access to the donee’s premises
at reasonable times for inspection of the gift or decoration by duly authorized
representatives of the SASP or the U.S. Government.
(d) During the period of
restriction, the donee must not:
(1) Sell, trade, lease, lend, bail, encumber, cannibalize or dismantle for parts, or
otherwise dispose of the property;
(2) Remove
it permanently for use outside the State;
(3) Transfer title to the gift
or decoration directly or indirectly; or
(4) Do or allow anything to be
done that would contribute to the gift or decoration being seized, attached,
lost, stolen, damaged, or destroyed.
(e) If the gift or decoration is
no longer suitable, usable, or needed by the donee
for the stated purpose of donation during the period of restriction, the donee must promptly notify the General Services
Administration, Property Management Division (FBP), Washington, DC 20406,
through the SASP, and upon demand by GSA, title and right to possession of the gift
or decoration reverts to the U.S. Government. In this event, the donee must comply with transfer or disposition instructions
furnished by GSA through the SASP, and pay the costs of transportation,
handling, and reasonable insurance during transportation.
(f) The donee
must comply with all additional conditions covering the handling and use of any
gift or decoration imposed by GSA.
(g) If the donee
fails to comply with the conditions or limitations during the period of
restriction, the SASP may demand return of the gift or decoration and, upon
such demand, title and right to possession of the gift or decoration reverts to
the U.S. Government. In this event, the donee must return
the gift or decoration in accordance with instructions furnished by the SASP,
with costs of transportation, handling, and reasonable insurance during
transportation to be paid by the donee or as directed
by the SASP.
(h) If the gift or decoration is
lost, stolen, or cannot legally be recovered or returned for any other reason,
the donee must pay to the U.S. Government the fair
market value of the gift or decoration at the time of its loss, theft, or at
the time that it became unrecoverable as determined by GSA. If the gift or decoration
is damaged or destroyed, the SASP may require the donee
to:
(1) Return the item and pay the
difference between its former fair market value and its current fair market
value; or
(2) Pay
the fair market value, as determined by GSA, of the item had it not been
damaged or destroyed.
Subpart D—
§102-42.135—Whose approval must be obtained before a foreign gift or
decoration is offered for public sale?
The Secretary of State or the
Secretary’s designee must approve any sale of foreign gifts or decorations
(except sale of foreign gifts to the employee, that is
approved in this part).
§102-42.140—How is a sale of a foreign gift or decoration to an employee
conducted?
Foreign gifts and decorations
must be offered first through negotiated sales to the employee who has
indicated an interest in purchasing the item. The sale price must be the
commercially appraised value of the gift. Sales must be conducted and documented
in accordance with part 102-38 of this subchapter B.
§102-42.145—When is public
sale of a foreign gift or decoration authorized?
A public sale is authorized if a
foreign gift or decoration:
(a) Survives Federal utilization
screening;
(b) Is not purchased by the
employee;
(c) Survives donation screening;
and
(d) Is approved by the Secretary
of State or designee.
§102-42.150—What happens to proceeds from sales?
The proceeds from the sale of
foreign gifts or decorations must be deposited in the Treasury as miscellaneous
receipts, unless otherwise authorized.
§102-42.155—Can foreign gifts or decorations be destroyed?
Yes, foreign gifts or
decorations that are not sold under this part may be destroyed and disposed of
as scrap or for their material content under part 102-38 of this subchapter B.