relations with non-federal entities - United States Department of ...

More documents

Recommendations

Info

(3) DoD personnel should not support events when they are private meetingsof selected groups, such as clients of law firms, investment companies,and lobbying firms. These entities often seek briefings from senior DoDofficials for selected groups of their clients and customers. The subtlemessage is that by hiring these firms, companies may receive privatebriefings from senior officials, learn non-public information, and enjoyspecial (one-on-one) access to senior officials. DoD personnel may notparticipate in meetings where it appears that a particular individual orcompany can provide such special access. Such support is antithetical tothe Department’s speaking policy.d. Solicitation of Speaking Opportunities: DoD personnel are prohibited fromusing appropriated funds to solicit speaking invitations from non-Federalentities. Every DoD Appropriations Act includes the restriction: “No part ofany appropriation contained in this Act shall be used for publicity orpropaganda purposes not authorized by the Congress.” The DoD GeneralCounsel has interpreted this restriction as preventing the Department fromasking private parties if they would be interested in hearing a particular DoDspeaker, if that party had not previously requested any speakers from theDepartment. When the private party has issued an open invitation to theDepartment, however, it is permissible to advise the party at a later date that aspeaker is available.e. Security Review: Speech text and subject matter may require review andclearance for security and policy by proper authority. (E4.3.1.7 of DoDD5230.9, Clearance of DoD Information for Public Release (8/22/08)) DoDI5230.29, Security and Policy Review of DoD Information for Public Release(1/8/09), requires all official DoD information intended for public release thatpertains to military matters, national security issues, or subjects of significantconcern to the Department, to receive a security and policy review. Thisapplies to both official and personal capacity and includes information that ispresented by a DoD employee, who, by virtue of rank, position, or expertise,would be considered an authorized DoD spokesperson.f. Non-public Information: DoD personnel may not disclose non-public orprivileged information. (5 C.F.R. 2635.703)g. Official Communications: DoD may use official channels to notify DoDpersonnel of events of common interest sponsored by NFEs. Such noticesmay not include endorsements, solicitation, or hype. JER 3-208.h. Sponsorships: The Heads of DoD Component organizations, in their businessjudgment, may procure sponsorships, exhibitor booths, or similar items at anNFE event. Such items are not considered support to, or endorsement of, theNFE or the event when:26Relations with Non-Federal Entities10th Ethics Counselor's Course
(1) It is clear that DoD is procuring a sponsorship or booth in same manner asothers.(2) Such items are offered to other interested parties; and(3) DoD receives equitable and reasonable value.i. Gifts: See Deskbook Chapter on Gifts. In a personal capacity, personnel maynot accept gifts from prohibited sources or offered because of their officialpositions. Note that political and non-career appointees incur additionalrestrictions on gifts for entities or individuals registered as lobbyists (mostdefense contractors) as signatories to the Administration’s Ethics Pledge. Themost common bases for acceptance of gifts by officials not subject to theEthics Pledge in connection with speaking at NFE events are:(1) Speaker Memento: If DoD personnel in their official capacity are offereda gift thanking them for speaking at a non-Federal entity (whether or not aprohibited source) event, they may accept in their personal capacity if theitem has little to no intrinsic value, such as a plaque or certificate, and isintended solely for presentation, or is valued at $20 or less. (5 C.F.R.2635.203(b)(2) & 2635.204(a))(2) Modest items of food and refreshment: not a meal. (5 C.F.R.2635.203(b)(1))(3) Anything that is paid for by the Government or secured through aGovernment contract (e.g.: payment of conference fee). (5 C.F.R.2635.203(b)(7))(4) Gifts of $20 or less. (C.F.R. 2635.204(a))(5) Benefits offered to members of a group or class in which membership isunrelated to Government employment. (e.g.: all attendees of theconference if the conference is not limited to Government.) (5 C.F.R.2635.204(c)(2)(i))(6) Attendance at separate Widely Attended Gatherings (5 C.F.R.2635.204(g)(2)): When there is a separate function (usually a dinner orreception) at a non-Federal entity event that is not open to all participantsor is not sponsored by the event sponsor, you must determine if thatparticular event qualifies as a widely attended gathering.(a) An event is widely attended if it is expected that a large number ofpersons will attend, and that persons with a diversity of views orinterests will be present.27Relations with Non-Federal Entities10th Ethics Counselor's Course
Page 1 and 2: Relations with Non-Federal Entities
Page 3 and 4: (1) Letter from the GAO to the Hono
Page 5 and 6: 4. AR 600-29, Fund-Raising within t
Page 7 and 8: company and/or its clients or custo
Page 9 and 10: h. They may not use appropriated fu
Page 11 and 12: organization. Ethics Counselors mus
Page 13 and 14: DoD personnel may not so serve if t
Page 15 and 16: (2) Creating or allowing the appear
Page 17 and 18: . DoD may co-sponsor a conference,
Page 19 and 20: (2) Participate in a committee with
Page 21 and 22: (i) Reserve Officers Association of
Page 23 and 24: E. Other Support to NFEs:1. General
Page 25: are supporting a non-Federal entity
Page 29 and 30: (4) Air Force: AFI 36-2903, Dress a
Page 31 and 32: amount that exceeds the reasonable
Page 33 and 34: (ii) The opportunity to speak was e
Page 35 and 36: (b) The DoD Component organization
Page 37 and 38: PRACTICAL APPLICATION EXAMPLES:Hint
Page 39 and 40: accept the gift. Since it is a rece

relations with non-federal entities - United States Department of ...

Create successful ePaper yourself

Delete template?

Save as template?