Justice Management Division
Serving Justice - Securing Results

An employee may not solicit or accept a gift given because of his official position or from a prohibited source to include anyone who:

• Has or seeks official action or business with the Department;*
  
  
• Is regulated by the Department;
  
  
• Has interests that may be substantially affected by the performance of an employee's official duties; or
  
  
• Is an organization composed mainly of persons described above.
  
  

A gift does not include items such as publicly available discounts and prizes, commercial loans, food not part of a meal such as coffee and donuts, and items of little value such as plaques and greeting cards.

Unless the frequency of the acceptance of gifts would appear to be improper, an employee may accept:

• Gifts based on a personal relationship when it is clear that the motivation is not his official position.
  
  
• Gifts of $20 or less per occasion, not to exceed $50 in a year from one source.
  
  
• Discounts and similar benefits offered to a broad class, including a broad class of government employees.
  
  
• Most genuine awards and honorary degrees, although in some cases an employee will need a formal determination.
  
  
• Free attendance, food, refreshments and materials provided at a conference or widely attended gathering or certain other social events which an employee attends in his official capacity, with approval.
  
  
• Gifts based on an outside business relationship, such as travel expenses related to a job interview.
  
  

An employee should return gifts not meeting the exceptions or contact his Deputy DAEO on how to dispose of them. Perishable items may be given to charity or shared by the office, with approval.

5 C.F.R. § 2635.201 - 205 (see Subpart B - Gifts from Outside Sources)

* Certain Department of Justice components are designated as separate agencies for purposes of the gift regulation.

5 C.F.R. § 3801.103