---
kind: "section"
citation: "5 C.F.R. § 3601.104"
title: "5"
number: "3601.104"
heading: "Additional limitations on gifts between employees."
url: "https://uscodex.org/cfr/5/3601.104"
---

# §3601.104. Additional limitations on gifts between employees.


The following limitations apply to gifts from groups of employees that include a subordinate and to voluntary contributions to gifts for superiors permitted under [5 CFR 2635.304(c)(1)](/cfr/5/2635.304.md?p=c-1):

- (a) **Gifts from a group that includes a subordinate.** Regardless of the number of employees contributing to a gift on a special, infrequent occasion as permitted by [5 CFR 2635.304(c)(1)](/cfr/5/2635.304.md?p=c-1), an employee may not accept a gift or gifts, including indirectly within the meaning of [5 CFR 2635.203(f)](/cfr/5/2635.203.md?p=f), from a donating group if the aggregate market value exceeds the minimal value, as established by [5 U.S.C. 7342(a)(5)](/usc/5/7342.md?p=a-5), and if the employee knows or has reason to know that any member of the donating group is a subordinate.
  - (1) The cost of items excluded from the definition of a gift by [5 CFR 2635.203(b)](/cfr/5/2635.203.md?p=b) and the cost of food, refreshments, and entertainment provided to mark the occasion for which the gift is given shall not be included in determining whether the value of a gift or gifts exceeds the aggregate minimal value limit.
  - (2) The value of a gift or gifts from two or more donating groups will be aggregated and will be considered to be from a single donating group if the employee who is offered the gift knows or has reason to know that an individual who is his or her subordinate is a member of more than one of the donating groups.
- (b) **Voluntary contribution.** For purposes of [5 CFR 2635.304(c)(1)](/cfr/5/2635.304.md?p=c-1), the nominal amount of a voluntary contribution that an employee may solicit from another employee for a group gift to the contributory employee's superior for any special, infrequent occasion will not exceed $10. A voluntary contribution of a nominal amount for food, refreshments, and entertainment at an event to mark the occasion for which a group gift is given may be solicited as a separate, voluntary contribution not subject to the $10 limit.

## Notes

### Authority

Authority: 5 U.S.C. 301, 7301, 7351, 7353; 5 U.S.C. Chapter 131; 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), 2635.204(k), 2635.803, 2635.807.

### Source

Source: 88 FR 12543, Feb. 28, 2023, unless otherwise noted.