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and wave available for review by em- gS and special Government em- PS. aS appropriate, copies of laws, pxecutive order. agency regula. fand Pertinent OPM regulations ‘qnstructions relating to ethical jer conduct. Agency regulations issued under Art are effective only after ap- jy OPM and publication in the AL Recister. tequests for approval of agency tions to be issued under this jall be directed to the Office of inel Management. Office of the }! Counsel. Washington. D.C. This section applies to any ment of agency regulations under this part ‘nD agency head who does not T it feasible to. prepare agency jons under this part because of til number of his employees, or cher reason acceptable to OPM, ppt the regulations in this part ication. as appropriate, to the f€S and special Government jes of his agency if: obtains the approval of OPM adoption; and jer obtaining that approval. he A Notice to the Feerat Recis- youncing the applicability of to his employees, : | Interpretation and advisory xerv- J agency head shall designate jking employee of his agency appropriate experience. pref- 4a), and in whom he has com- isonal confidence. to be the for the agency and to serve fency's designee to OPM on govered by this part. The ; Shall be made responsible nation of the agency's coun- {vices provided under Para. of this section and for assur- ;counseling and interpreta. Mestions of conflicts of inter- yher matters covered by this ¥ailable to deputy counselors | under paragraph (b) of shis { fe eal ASENCY GPA SHALL designate deputy counselors for the agency's em Ployees and specia! Government em ployees. Deputy counselors designated under this section shall be qualified and in a position to give authoritative advice and guidance to each employee and special Government employee who seeks ady ce on Questions of conflitts-of interest and on other matters covered by this Part, (c) Each agency shall notify its em. ployees and special Government em- ployees of the availability of counsel- ing services and of how and where these services are available. This noti- fication shall be made within 90 days after approval of the agency reguli- tions to be issued under this Part. ard Periodically thereafter. In the case of a@ new employee or special Govern. ment empioyee appointed after ths Notification. notification shall be made at the time of his entrance on duty. § 735.106 Reviewing statements and re porting conflicts of interest. (a) Agency regulations issued under this part shall establish a system for the review of statements of employ ment and financial interests submitted under Subpart D of this part. The system of review shall be designed to disclose conflicts of interest or appar- ent conflicts of interest on the part of employees and special Government employees (bi The system of review established under paragraph (a) of this section shall provide that. when a statement submitted under Subpart D of this part or information from other sources indicates a conflict between the interests of an employee or Special Government employee and the per- formance of his services for the Gov. ernment and when the conflict or ap- earance of conflict is not resulved at a lower level in the agency, the infor- mation concerning the conflict or ap- Pearance of conflict shall be reported to the agency head through the coun- selor for the agency. (c) The employee or special Govern. ment employee concerned shall be Provided an opportunity to explain the conflict or appearance of conflict. 370 §735.107 Disciplinary and other remedial action, (a) Agency regulations issued und this part shall provide that a violatio: plinary action which may be in addi- tlon to any penalty prescribed by law, (b) When, after consideration of the explanation of the employee or special Government employee Provided by § 735.106, the agency head decides that remedial action is required, he shall take immediate action to end the con- fiicts or appearance of conflicts of in- terest. Remedial action may include. but is not limited to: (1) Changes in assigned duties; (2) Divestment by the employee or special Government employee of his conflicting interest; (3) Disciplinary action: or (4) Disqualification for a particular assignment. Remedial action, whether disciplinary OF otherwise. shall be effected in ac. cordance with any applicable laws, Ex- ecutive orders, and regulations Subpart B—Agency Regulotions Gov- erning Ethical and Other Conduct and Responsibilities of Employees §$735.201 Specific Provisions of agency regulations. Agency regulations issued under this Subpart, as a minimum, shall contain Provisions covering the standards of and governing the ethical and other conduct of its employees set forth in §§ 735.202 through 135.210. (b) Giving preferential treatment to any person; (c) Impeding Government efficiency or economy: (d) Losing complete independence or impartiality; (e) Making a Government decision outside official channels: or a cept as provi Paragraphs (b) and (f) of this section, an employee shall not solicit or accept, directiy or indirectly, any gift, Bratuity, favor, er tertainment, loan, or any other thine of monetary value. from a Person whe ()) Has. or is seeking to obtain, ec tractual or other business or finance relations with his agency: (2) Conducts operations or act. ry that are regulated by his agency: c- (3) Has interess that may be Stantially affectec by the pberforman.- or nonperformance of his official di (0) Agency regulations impli ne Paragraph (a) of this section “ide for such exceptions as mar necessary and appropriate in view on the nature of the agency's work anc the duties and responsibilities of tt. employees. Appropriate exceptions which may be made by an agency 1, clude, but are not limited to. thase that. () Govern obvious family or Person al relationships «such as those a. tween the parents, children, or spouse of the employee and the employe when the circumstances make it clear that it is those relationships ratner than the business of the Persons cor cerned which are the mouvating : 1 tors; (2) Permit acceptance of food ars. fresnments of nominal Value on ie quent Occasions in the ordinary ¢ “use of a luncheon or dinner meenin other mecting or on an Inspectio€” where an emptovee may properly on attendance: fro. (4) Permit acceptance of unsolicit es: advertising or Promotional material such as pens, pencils. note Dads. calen ars and other items of nominal tn. trinsic value. (c) (Reserved) 1 ‘d) An employee shall not solicit a contribution from another employer for a gift to an official superior. make 371