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

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1. If they serve with or want to represent such entities to Federal agencies, thefollowing limitations apply:a. When such personnel are officers, directors, trustees, general partners, oremployees with the NFE, they may not participate in their official capacity atDoD in any particular matters that may directly and predictably affect theNFE. They may request a waiver if their interests are not so substantial as toaffect their integrity. (18 U.S.C. 208)b. When such personnel are active participants with the NFE (serving oncommittees, boards, etc), but not at the level in 1., above, they may notparticipate in their official capacity in any particular matters that may directlyand predictably affect the NFE, or in which the NFE is, or represents, a party.They may request an authorization to participate from their Agency Designeebased on a determination that the interests of the Government outweighpotential questions about the integrity of the agency’s programs. (5 C.F.R.2635.502; JER 3-302)c. Federal personnel may not act as an agent for, or represent, an NFE beforeFederal agencies or courts on particular matters in which the Government is aparty or has a direct and substantial interest. (18 U.S.C. 203 & 205)Note: 18 U.S.C. § 205(d)(1)(B) permits Federal personnel to represent(without compensation) non-profit professional, recreational, or similargroups if the majority of the organization's members are Federal personnel ortheir dependents. (Limitations set out in 18 U.S.C. 205(d)(2).)d. DoD personnel may not (in their official capacity) give their NFE preferentialtreatment, and they must ensure that they do not create an appearance thatthey are using their public office to assist the NFE in any way. (5 C.F.R.2635.702)e. DoD personnel may not (in their official capacity) endorse the NFE. Nor maythey use, or permit the NFE to use, their official titles, positions, ororganization names in connection with the NFE, which includes on the NFE’swebsite, or any list, letterhead, or promotional materials. Active militarymembers may use their rank and Service when identifying themselves inconnection with the NFE. Retired members may do so only if they clearlyidentify the retired or inactive Reserve status. (5 C.F.R. 2635.702(c) and JER3-300 a (1))f. DoD personnel may not encourage, pressure, or coerce other personnel,especially subordinates, to join, support, or otherwise participate in outsideorganizations. (5 C.F.R. 2635.702(a))g. They may not personally solicit funds for the NFE from subordinates orprohibited sources. (5 C.F.R. 2635.808(c))8Relations with Non-Federal Entities10th Ethics Counselor's Course
h. They may not use appropriated funds, Government resources or officialpersonnel to assist them in their work for the NFE. Note that AgencyDesignees may allow personnel the limited use of certain resources underspecific, narrow exceptions, which they may use in connection with their NFEparticipation. See B., below; JER 2-301.b., and 3-300(b).i. They may not disclose non-public Government information to the NFE. (5C.F.R. 2635.703))j. If they file financial disclosure reports, DoD personnel must disclose theposition with the NFE on their next annual report after appointment. If theNFE provides any travel expenses or other compensation, they must alsodisclose any reportable amounts. (5 C.F.R. 2634.307)k. Personnel have no official protection from liability stemming from theirservice to the NFE.2. The following exceptions allow Agency Designees to permit their personnel thelimited use of certain resources.a. Community Support Activities: When DoD personnel are voluntarilyparticipating in community support activities that promote civic awareness orin uncompensated public service, such as blood donations and voterregistration, Agency Designees may grant excused absence (administrativeleave) under JER 3-300.c.b. Professional Associations: Under JER 3-300.b, Agency Designees may grantpersonnel excused absences for reasonable periods for voluntary participationin non-profit professional associations, and may provide limited use of DoDequipment and support services (including personnel) for papers to bepublished in professional journals or presented at association events if thepaper relates to official duties, gives a benefit to the agency, and does notinterfere with performance of duties.Receiving compensation for such papers is generally barred by 5 C.F.R.2635.807.c. Use of Government Resources by DoD personnel serving in a personalcapacity.(1) Agency Designees may allow limited personal use of Federal Governmentresources, other than personnel, if such use:(a) Does not adversely affect performance of official duties,(b) Is of reasonable duration and frequency and not on official time,9Relations 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: company and/or its clients or custo
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 and 26: are supporting a non-Federal entity
Page 27 and 28: (1) It is clear that DoD is procuri
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

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