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Notes

5 C.F.R. §§ 3101.101–3101.104

4 sections in range

§3101.101. General.

5 C.F.R. § 3101.101

(a)
Purpose. In accordance with 5 CFR 2635.105, the regulations in this part apply to employees of the Department of the Treasury and supplement the Standards of Ethical Conduct for Employees of the Executive Branch contained in 5 CFR part 2635. Employees are required to comply with 5 CFR part 2635, this part, and bureau guidance and procedures established pursuant to this section. Department employees are also subject to any additional rules of conduct that the Department or their employing bureaus are authorized to issue. See 31 CFR part 0, Department of the Treasury Employee Rules of Conduct.
(b)
Bureau instructions. With the concurrence of the Designated Agency Ethics Official (DAEO), bureaus of the Department of the Treasury are authorized to issue instructions or manual issuances providing explanatory guidance and establishing procedures necessary to implement this part and part 2635 of this title. See 5 CFR 2635.105(c).
(c)
Definition of “agency designee”. As used in this part and in part 2635 of this title, the term “agency designee” refers to any employee who has been delegated authority by an instruction or manual issuance issued by a bureau under paragraph (b) of this section to make a determination, give an approval, or take other action required or permitted by this part or part 2635 of this title with respect to another employee. See 5 CFR 2635.102(b).
Notes, amendments, and revision history

Authority

Authority: 5 U.S.C. 301, 7301, 7353; 5 U.S.C. App. (Ethics in Government Act of 1978); 18 U.S.C. 212, 213; 26 U.S.C. 7214(b); E.O. 12674, 54 FR 15159, 3 CFR, 1989 Comp., p. 215, as modified by E.O. 12731, 55 FR 42547, 3 CFR, 1990 Comp., p. 306; 5 CFR 2635.105, 2635.203(a), 2635.403(a), 2635.803, 2635.807(a)(2)(ii).

Source

Source: 60 FR 22251, May 5, 1995, unless otherwise noted.

§3101.102. Designation of separate agency components.

5 C.F.R. § 3101.102

Pursuant to 5 CFR 2635.203(a), each of the following components of the Department of the Treasury is designated as a separate agency for purposes of the regulations contained in subpart B of 5 CFR part 2635 governing gifts from outside sources and 5 CFR 2635.807 governing teaching, speaking or writing:
(a)
Alcohol and Tobacco Tax and Trade Bureau (TTB);
(b)
Bureau of Engraving and Printing;
(c)
Bureau of the Fiscal Service (BFS);
(d)
Financial Crimes Enforcement Network (FinCEN);
(e)
Internal Revenue Service (IRS);
(f)
Office of the Comptroller of the Currency (OCC);
(g)
Office of the Inspector General;
(h)
Office of the Special Inspector General for the Troubled Asset Relief Program (SIGTARP);
(i)
Office of the Treasury Inspector General for Tax Administration (TIGTA); and
(j)
United States Mint.
Notes, amendments, and revision history

Amendments

[79 FR 65877, Nov. 6, 2014]

Authority

Authority: 5 U.S.C. 301, 7301, 7353; 5 U.S.C. App. (Ethics in Government Act of 1978); 18 U.S.C. 212, 213; 26 U.S.C. 7214(b); E.O. 12674, 54 FR 15159, 3 CFR, 1989 Comp., p. 215, as modified by E.O. 12731, 55 FR 42547, 3 CFR, 1990 Comp., p. 306; 5 CFR 2635.105, 2635.203(a), 2635.403(a), 2635.803, 2635.807(a)(2)(ii).

Source

Source: 60 FR 22251, May 5, 1995, unless otherwise noted.

Amendments

[79 FR 65877, Nov. 6, 2014]

§3101.103. Prohibition on purchase of certain assets.

5 C.F.R. § 3101.103

(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.
Notes, amendments, and revision history

Amendments

[60 FR 22251, May 5, 1995, as amended at 80 FR 7797, Feb. 12, 2015]

Authority

Authority: 5 U.S.C. 301, 7301, 7353; 5 U.S.C. App. (Ethics in Government Act of 1978); 18 U.S.C. 212, 213; 26 U.S.C. 7214(b); E.O. 12674, 54 FR 15159, 3 CFR, 1989 Comp., p. 215, as modified by E.O. 12731, 55 FR 42547, 3 CFR, 1990 Comp., p. 306; 5 CFR 2635.105, 2635.203(a), 2635.403(a), 2635.803, 2635.807(a)(2)(ii).

Source

Source: 60 FR 22251, May 5, 1995, unless otherwise noted.

Amendments

[60 FR 22251, May 5, 1995, as amended at 80 FR 7797, Feb. 12, 2015]

§3101.104. Outside employment.

5 C.F.R. § 3101.104

(a)
General requirement for prior approval. All Department of the Treasury employees shall obtain prior written approval before engaging in any outside employment or business activities, with or without compensation, except to the extent that the employing bureau issues an instruction or manual issuance pursuant to paragraph (b) of this section exempting an activity or class of activities from this requirement. Approval shall be granted only on a determination that the employment or activity is not expected to involve conduct prohibited by statute, part 2635 of this title, or any provision of this part.
(b)
Bureau responsibilities. Each bureau, which for the purposes of this section includes the Departmental Offices and the Office of the Inspector General, shall issue instructions or manual issuances governing the submission of requests for approval of outside employment or business activities and designating appropriate officials to act on such requests. The instructions or manual issuances may exempt categories of employment or activities from the prior approval requirement based on a determination that employment or activities within those categories would generally be approved and are not likely to involve conduct prohibited by statute, part 2635 of this title or any provision of this part. Bureaus may include in their instructions or issuances examples of outside employment or activities that are permissible or impermissible consistent with this part and part 2635 of this title. Bureaus shall retain in employees' Official Personnel Folders (temporary side) all requests for approval whether granted or denied.
Notes, amendments, and revision history

Amendments

[60 FR 22251, May 5, 1995, as amended at 80 FR 7797, Feb. 12, 2015]

Authority

Authority: 5 U.S.C. 301, 7301, 7353; 5 U.S.C. App. (Ethics in Government Act of 1978); 18 U.S.C. 212, 213; 26 U.S.C. 7214(b); E.O. 12674, 54 FR 15159, 3 CFR, 1989 Comp., p. 215, as modified by E.O. 12731, 55 FR 42547, 3 CFR, 1990 Comp., p. 306; 5 CFR 2635.105, 2635.203(a), 2635.403(a), 2635.803, 2635.807(a)(2)(ii).

Source

Source: 60 FR 22251, May 5, 1995, unless otherwise noted.

Amendments

[60 FR 22251, May 5, 1995, as amended at 80 FR 7797, Feb. 12, 2015]