[Code of Federal Regulations]
[Title 5, Volume 3]
[Revised as of January 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR3101.103]
 
[Page 662]
 
 TITLE 5--ADMINISTRATIVE PERSONNEL
 
 CHAPTER XXI--DEPARTMENT OF THE TREASURY
 
PART 3101--SUPPLEMENTAL STANDARDS OF ETHICAL CONDUCT FOR EMPLOYEES OF THE DEPARTMENT OF THE TREASURY--Table of Contents
 
Sec. 3101.103 Prohibition on purchase of certain assets.
 
 (a) General prohibition. Except as provided in paragraph (b) of this 
section, no employee of the Department of the Treasury shall purchase, 
directly or indirectly, property:
 (1) Owned by the Government and under the control of the employee's 
bureau (or a bureau over which the employee exercises supervision); or
 (2) Sold under the direction or incident to the functions of the 
employee's bureau.
 (b) Exceptions. The prohibition in paragraph (a) of this section 
does not apply to the purchase of Government securities or items sold 
generally to the public at fixed prices, such as numismatic items 
produced by the United States Mint or foreign gifts deposited with the 
Department pursuant to 5 U.S.C. 7342 that an employee may purchase 
pursuant to 41 CFR part 101-49.
 (c) Waiver. An employee may make a purchase otherwise prohibited by 
this section where a written waiver of the prohibition has been given to 
the employee by an agency designee with the advice and legal clearance 
of the DAEO, or the appropriate Office of Chief or Legal Counsel. Such a 
waiver may be granted only on a determination that the waiver is not 
otherwise prohibited by law and that, in the mind of a reasonable person 
with knowledge of the particular circumstances, the purchase of the 
asset will not raise a question as to whether the employee has used his 
or her official position or inside information to obtain an advantageous 
purchase or create an appearance of loss of impartiality in the 
performance of the employee's duties.
 Note: Employees of the OCC and OTS are subject to additional 
limitations on the purchase of assets that are set out in bureau-
specific rules contained in Secs. 3101.108 and 3101.109.