(3) Has interests that may be substantially affected by the performance or nonperformance of the employee's official duty. (b) The prohibitions set forth under paragraph (a) of this section shall not apply to: (1) Solicitations or acceptances based on obvious family or personal relationships (such as those between parents, children, or spouse of the employee and the employee) when the circumstances make it clear that it is those relationships rather than the business of the persons concerned which are the motivating factors; (2) The acceptance of food and refreshments of nominal value on infrequent occasions in the ordinary course of a luncheon or dinner meeting or other meeting or on a field trip, where an employee may properly be in attendance; (3) The acceptance of loans from banks or other financial institutions on customary terms to finance proper and usual activities of employees, such as home mortgage loans; and (4) The acceptance of unsolicited advertising or promotional material, such as pens, pencils, note pads, calendars, and other items of nominal value. (c) An employee shall avoid any action, whether or not specifically prohibited by this section or any other section of this subpart, which might result in, or create the appearance of: (1) Using public office for private gain; (2) Giving preferential treatment to any person; (3) Impeding Government efficiency or economy; (4) Losing complete independence or impartiality; (5) Making a Government decision outside official channels; or (6) Affecting adversely the confidence of the public in the integrity of the Government. (d) An employee shall not solicit contributions from another employee for a gift to an employee in a superior official position. An employee in a superior official position shall not accept a gift presented as a contribution from employees receiving less salary than himself. An employee shall not make a do nation as a gift to an employee in a superior official position (5 U.S.C. 113). (e) An employee shall not accept a gift, present, decoration, or other thing from a foreign government unless authorized by Congress as provided by the Constitution and in 5 U.S.C. 114-115a. § 200.735-106 Outside employment. (a) An employee may engage in outside employment or other outside activity not incompatible with the full and proper discharge of the duties and responsibilities of his Government employment: Provided, That no Commissioner shall actively engage in any other business, vocation, or employment than that of serving as a Commissioner (19 U.S.C. 1330(c)). Incompatible activities include but are not limited to: (1) Acceptance of a fee, compensation, gift, payment of expense, or any other thing of monetary value in circumstances in which acceptance may result in, or create the appearance of, conflicts of interest; or (2) Outside employment tending to impair the employee's capacity to perform his Government duties and responsibilities in an acceptable manner. (b) An employee (except a special Government employee) shall not receive any salary or anything of monetary value from a private source as compensation for his services to the Government (18 U.S.C. 209). (c) Employees are encouraged to engage in teaching, lecturing, and writing that is not prohibited by law, the Executive order, or this part. However, an employee shall not, either for or without compensation, engage in teaching, lecturing, or writing that is dependent on information obtained as a result of his Government employment, except when that information has been made available to the general public or will be made available on request, or when the Commission gives authorization for the use of nonpublic information (other than information received in confidence) on the basis that the use is in the public interest and would not be in violation of law. In addition, Commissioners shall not receive compensation or anything of monetary value for any consultation, lecture, discussion, writing, or appearance 66-037-67-39 the subject matter of which is devoted substantially to the responsibilities, programs, or operations of the Commission, or which draws substantially on official data or ideas which have not become part of the body of public information. (d) An employee shall not engage in outside employment under a State or local government, except in accordance with Part 734 of Title 5 CFR when not otherwise prohibited by law. (e) This section does not preclude an employee from: (1) Receipt of bona fide reimbursement, unless prohibited by law, for actual expenses for travel and such other necessary subsistence as is compatible with this part for which no Government payment or reimbursement is made. However, an employee may not be reimbursed, and payment may not be made on his behalf, for excessive personal living expenses, gifts, entertainment or other personal benefits. (2) Participation in the activities of national or State political parties not proscribed by law. (3) Participation in the affairs of, or acceptance of, an award for a meritorious public contribution or achievement given by a charitable, religious, professional, social, fraternal, nonprofit educational and recreational, public service, or civic organization. § 200.735-107 Financial interests. (a) An employee shall not: (1) Have a direct or indirect financial interest that conflicts substantially, or appears to conflict substantially, with his Government duties or responsibilities; or (2) Engage in, directly or indirectly, a financial transaction as a result of, or primarily relying on, information obtained through his Government employment. (b) This section does not preclude an employee from having a financial interest or engaging in financial transactions to the same extent as a private citizen not employed by the Government so long as it is not prohibited by law, the Executive order, or this part. § 200.735-108 Use of Government property. An employee shall not directly or indirectly use, or allow the use of, Government property of any kind, including property leased to the Government, for other than officially approved activities. An employee has a positive duty to protect and conserve Government property, including equipment, supplies, and other property issued to him. § 200.735-109 Misuse of information. For the purpose of furthering a private interest, an employee shall not, except as provided in § 200.735-106(c), directly or indirectly use, or allow the use of, official information obtained through or in connection with his Government employment which has not been made available to the general public. § 200.735-110 Indebtedness. An employee shall pay each just financial obligation in a proper and timely manner, especially one imposed by law such as Federal, State or local taxes. For the purpose of this section a "just financial obligation" means one acknowledged by the employee or reduced to judgment by a court, and "in a proper and timely manner" means in a manner which the Commission determines does not, under the circumstances, reflect adversely on the Government as his employer. In the event of a dispute between an employee and an alleged creditor, the Commission shall make no determination of the validity or amount of the disputed debt. § 200.735-111 Gambling, betting, and lotteries. An employee shall not participate, while on Government-owned or leased property or while on duty for the Government, in any gambling activity including the operation of a gambling device, in conducting a lottery or pool, in a game for money or property, or in selling or purchasing a numbers slip or ticket. However, this section does not preclude activities: (a) Necessitated by an employee's law enforcement duties; or (b) Under section 3 of Executive Order 10927 and similar Commissionapproved activities. § 200.735-112 General conduct prejudicial to the Government. An employee shall not engage in criminal, infamous, dishonest, immoral, or notoriously disgraceful conduct, or other conduct prejudicial to the Government. § 200.735-113 Miscellaneous statutory provisions. Each employee shall familiarize himself with each statute that relates to his ethical and other conduct as a Government employee, including the following statutes: (a) House Concurrent Resolution 175, 85th Congress, 2d Session, 72 Stat. B12, the "Code of Ethics for Government Service." (b) Chapter 11 of Title 18, United States Code, relating to bribery, graft, and conflicts of interest. (c) The prohibition against lobbying with appropriated funds (18 U.S.C. 1913). (d) The prohibitions against disloyalty and striking (5 U.S.C. 118p, 118r). (e) The prohibition against the employment of a member of a Communist organization (50 U.S.C. 784). (f) The prohibitions against (1) the disclosure of classified information (18 U.S.C. 798, 50 U.S.C. 783); and (2) the disclosure of confidential information (18 U.S.C. 1905). (g) The provision relating to the habitual use of intoxicants to excess (5 U.S.C. 640). (h) The prohibition against the misuse of a Government vehicle (5 U.S.C. 78c). (i) The prohibition against the misuse of the franking privilege (18 U.S.C. 1719). (j) The prohibition against the use of deceit in an examination or personnel action in connection with Government employment (5 U.S.C. 637). (k) The prohibition against fraud or false statements in a Government matter (18 U.S.C. 1001). (1) The prohibition against mutilating or destroying a public record (18 U.S.C. 2071). (m) The prohibition against counterfeiting and forging transportation requests (18 U.S.C. 508). (n) The prohibitions against (1) embezzlement of Government money or property (18 U.S.C. 641); (2) failing to account for public money (18 U.S.C. 643); and (3) embezzlement of the money or property of another person in the possession of an employee by reason of his employment (18 U.S.C. 654). (0) The prohibition against unauthorized use of documents relating to claims from or by the Government (18 U.S.C. 285). (p) The prohibition against proscribed political activities-the Hatch Act (5 U.S.C. 1181), and 18 U.S.C. 602, 603, 607, and 608. Subpart C-Provisions Governing Statements of Employment and Financial Interests § 200.735-114 Employees required to submit statements. The following employees shall submit statements of employment and financial interests: (a) Employees paid at a level of the Federal Executive Salary Schedule established by the Federal Executive Salary Act of 1964, as amended. (b) Employees in grade GS-15 or above of the General Schedule established by the Classification Act of 1949, as amended, or in comparable or higher positions not subject to that Act. (c) Employees in the following positions: (1) General Counsel. (2) Assistant General Counsel. (3) Chief of the Technical Service. (4) Assistant Chief of the Technical Service. (5) Chief of the Economics Division. (7) Director of Investigation. (8) Assistant to the Director of Investigation. (9) Special Industrial Advisor. (11) Chief of Accounting Division. (12) Chiefs of Commodity Divisions. (13) Special Advisor to the Commission for Trade Agreements. Statements required to be submitted by the provisions of this subpart shall be prepared on forms available from the Deputy Counselor. § 200.735-116 Time and place for submission of employees' statements. (a) An employee required to submit such a statement shall submit it not later than: (1) Ninety days after the effective date of the regulations in this part, if employed on or before that effective date; or (2) Thirty days after his entrance on duty, but not earlier than ninety days after the effective date, if appointed after the effective date. (b) Each such statement shall be submitted to the Office of the General Counsel of the Commission and shall be marked "Submitted in Confidence to the Deputy Counselor": Provided, That the statements of the General Counsel and Deputy Counselor shall be submitted directly to the Counselor. § 200.735-117 Supplementary state ments. Changes in, or additions to, the information contained in an employee's statement of employment and financial interests shall be reported in a supplementary statement at the end of the quarter in which the changes occur. Quarters end March 31, June 30, September 30, and December 31. If no changes have occurred during a quarter, a negative report is not required. However, for the purpose of annual review, a supplementary statement, negative or otherwise, is required as of June 30 each year. § 200.735-118 Interests of employees' relatives. The interest of a spouse, minor child or other member of an employee's immediate household is considered to be an interest of the employee. For the purpose of this section, "member of an em ployee's immediate household" means those blood relations who are residents of the employee's household. § 200.735-119 Information not known by employees. If any information required to be included in a statement of employment and financial interests or supplementary statement, including holdings placed in trust, is not known to the employee but is known to another person, the employee shall request that other person to submit information in his behalf. § 200.735-120 Information prohibited. An employee is not required to submit in a statement of employment and financial interests or supplementary statement any information relating to the employee's connection with, or interest in, a professional society or a charitable, religious, social, fraternal, recreational, public service, civic, or political organization or similar organization not conducted as a business enterprise. For the purpose of this section, educational and other institutions doing research and development or related work involving grants of money from, or contracts with, the Government are deemed "business enterprises" and are required to be included in an employee's statement of employment and financial interests. § 200.735-121 Confidentiality of ployees' statements. em Each statement of employment and financial interests, and each supplementary statement, shall be held in confidence. Information from a statement shall not be disclosed except as the Commission or the Civil Service Commission may determine for good cause shown. § 200.735-122 Special Government employees. (a) Except as provided in paragraph (b) of this section, each special Government employee shall submit a statement of employment and financial interests which reports: (1) All of his employment; and (2) His financial interests and the financial interests of his spouse, minor child, or other member of his immediate household (as defined in § 200.735-118), which relate either directly or indirectly to his duties and responsibilities as a special Government employee. (b) The Commission may waive the requirement in paragraph (a) of this section for the submission of a statement of employment and financial interests in the case of a special Government employee who is not a consultant or an expert when the Commission finds that the duties of the position held by that special Government employee are of a nature and at such a level of responsibility that the submission of the statement by the incumbent is not necessary to protect the integrity of the Government. For the purpose of this paragraph, “consultant" and "expert" have the meanings given those terms by Chapter 304 of the Federal Personnel Manual. (c) A statement of employment and financial interests required to be submitted under this section shall be submitted as provided for employees in § 200.735-116. Each special Government employee shall keep his statement current throughout his employment with the Commission by the submission of supplementary statements. § 200.735-123 Effect of employees' and special Government employees' statements on other requirements. The statements of employment and financial interests and supplementary statements required of employees and special Government employees are in addition to, and not in substitution for, or in derogation of, any similar requirement imposed by law, order, or regulation. The submission of a statement or supplementary statement by an employee or special Government employee does not permit him or any other person to participate in a matter which his or the other person's participation in is prohibited by law, order, or regulation. 201.15 Conduct of hearings. Appearances. Additional hearings, postponements, continuances, and extensions of time. Attorneys or agents. 201.16 Service of process. AUTHORITY: The provisions of this Part 201 issued under sec. 335, 72 Stat. 680, sec. 401, 76 Stat. 902; 19 U.S.C. 1335, 1802. SOURCE: The provisions of this Part 201 appear at 27 F.R. 12118, Dec. 7, 1962, unless otherwise noted. § 201.1 Applicability of part. This Part 201 relates generally to functions and activities of the Commission under various statutes and other legal authority. Rules having special application appear separately in Parts 202 to 207, inclusive, of this chapter. In case of inconsistency between a rule of general application and a rule of special application, the latter is controlling. Subpart A-Miscellaneous As used in this chapter: (a) "Commission" means the United States Tariff Commission; (b) "Tariff Act" means the Tariff Act of 1930, as amended (19 U.S.C. 1001, et seq.); (c) "Trade Expansion Act" means the Trade Expansion Act of 1962 (Public Law 87-794, 76 Stat. 872; 19 U.S.C. 1801, et seq.); (d) "Antidumping Act" means the Antidumping Act, 1921, as amended (42 Stat. 11, 68 Stat. 1138, 72 Stat. 583; 19 U.S.C. 160, et seq.). § 201.3 Commission offices, mailing address, and hours. (a) Offices. The principal office of the Commission is located in the Tariff Com |