(5) Suspension; (6) Separation.

§ 502.902 Remedial action for conflicts of interest.

Where a statement of employment and financial interest of an employee or Special Government employee shows a real or potential conflict of interest with the employee's official responsibilities, consideration should be given to reconciling the conflict through remedial action. The following are examples of such actions which may be appropriate:

(a) Divestment by the employee or special Government employee of his or her conflicting interest;

(b) Disqualification of the employee for a particular assignment;

(c) Changes in the employee's assigned duties.

Subpart J-Provisions Relating to Special Government Employees

§ 502.1001 Applicability.

The requirements of this Subpart apply to employees designated by law (18 U.S.C. 202) as "special Government employees". The term includes employees who are retained, designated, appointed, or employed to serve, with or without compensation, for not more than 130 days during any period of 365 consecutive days, either on a full-time or intermittent basis.

§ 502.1002 Use of Government employment.

employee

A special Government shall not use his or her Board employment for a purpose that is, or gives the appearance for being, motivated by the desire for private gain for himself or herself or for another person, particularly one with whom he or she has family, business, or financial ties.

§ 502.1003 Use of inside information.

A special Government employee shall not use inside information obtained as a result of his or her Government employment for private gain for himself or herself or another person either by direct action on his or her part or by counsel, recommendation, or suggestion to another person, par

ticularly one with whom he or she has family, business, or financial ties. For the purpose of this section, "inside information" means information obtained under Government authority which has not become part of the body of public information.

§ 502.1004 Other activities.

A special Government employee may teach, lecture, write, or engage in other non-Board activities in a manner not inconsistent with Subpart D of this Part.

§ 502.1005 Gifts, favors. A special Government employee, while so employed or in connection with his or her employment shall not receive or solicit from a person having business with the Board anything of value as a gift, gratuity, loan, entertainment, or favor for himself or herself or another person, particularly one with whom he or she has family, business, or financial ties.

entertainment, and

§ 502.1006 Additional prohibitions.

(a) A special Government employee is subject to the following additional prohibitions.

(1) He or she may not, except in the discharge of his official duties

(i) Represent anyone else before a court or Government agency in a matter in which the United States is a party or has an interest and in which he or she has at any time participated personally and substantially for the Government (18 U.S.C. 203 and 205),

or

(ii) Represent anyone else in a matter pending before the Board unless he or she served there no more than 60 days during the previous 365 (18 U.S.C. 203 and 205). A special Government employee is bound by this restraint despite the fact that the matter is not one in which he or she has ever participated personally and substantially.

(2) He or she may not, after Government employment has ended, represent anyone other than the United States in connection with a matter in which the United States is a party or has an interest and in which he par

ticipated personally and substantially for the Government (18 U.S.C. 207(a)).

(3) He or she may not, for 1 year after Government employment has ended, represent anyone other than the United States in connection with a matter in which the United States is a party or has an interest and which was within the boundaries of his or her official responsibility during the last year of Government service (18 U.S.C. 207(b)). (This temporary restraint is permanent if the matter is one in which the employee participated personally and substantially. See paragraph (a)(2) of this section.)

§ 502.1007 Statement of financial interests required.

(a) Each special Government employee shall submit a statement of employment and financial interests which reports:

(1) All other employment; and

(2) The financial interests which relate whether directly or indirectly to his or her duties and responsibilities.

(b) A statement of employment and financial interest required to be submitted under this section shall be submitted not later than the time of employment of a special Government employee by the Board. Each special Government employee shall submit a supplemental statement whenever there is a significant change in financial interests as reported in the prior statement.

(c) The statement of employment and financial interests shall be submitted directly to the Executive Director.

(d) The Executive Director may waive the requirement for the submission of a statement of employment and financial interests in the case of a special Government employee if the duties of the position held by that spe

cial Government employee are of a nature and at such a level of responsibility that the submission of the statement by the incumbent is not necessary to protect the integrity of the Board.

Subpart K-Provision Relating to Members

§ 502.1101 Applicability.

(a) The Metric Conversion Act of 1975 provides that members of the Board are not employees of the United States (15 U.S.C. 205h). However, public officials must maintain high standards of conduct to assure the proper performance of Government business and to maintain confidence by citizens in their Government. Therefore, members shall avoid any action, whether or not specifically prohibited, which might result in, or create the appearance of:

(1) Using public office for private gain;

(2) Giving preferential treatment to any person;

(3) Impeding Government efficiency or economy;

(4) Losing complete independence or impartiality;

(5) Making a Government decision outside official channels; or

(6) Affecting adversely the confidence of the public in the integrity of the Government.

(b) On days of actual employment, members will adhere to provisions of Subpart J relating to special Government employees except members are not required to submit statements of employment and financial interests.

(c) Members shall strictly observe the requirements of § 502.501 and shall not participate in any matter in which he or she has a private financial interest.

§ 802.1 Who must report.

(a)(1) A report is required from or on behalf of every foreign individual or organization incorporated, licensed or otherwise granted permission in countries other than the United States to operate vessels or aircraft if engaged in carrying goods or passengers to or from the United States. Agents or operating agents must respond where acting for foreign operators, unless the operator has his own office in the United States to which the agent is accountable or unless the operator elects to report directly from his home office.

(2) The Department of Commerce may in lieu of individual reports required under this part, accept consolidated reports from foreign governments covering the operations of their national shipping concerns when, in its discretion, such consolidated reports would provide the information required by this part. Where such reports are accepted, the individual reports from operators or their agents will not be required.

(b) The foreign operator, for purposes of this part, means the owner, managing or operating owner, chartered owner, or subchartered owner who enters into and carries out any form of transportation contract with the shippers of merchandise or with passengers.

(c) If foreign-owned vessels or aircraft are chartered to other foreign operators, the owner should report his

expenses in the United States, if any, and the operator should report the freight or charter revenue earned from the shippers of merchandise and his expenses in the United States.

(d) If foreign-owned vessels or aircraft are chartered to a United States operator, the owner should report his expenses in the United States, if any.

(e) Reports submitted by agents should include all disbursements accounted for directly by them to the foreign company at its foreign office; if subagents report through a principal agent in the same or another location, the principal agent should file a consolidated report on behalf of the foreign company.

§ 802.2 Forms to be used.

Vessel operators shall report on Form BE-29,1 Aircraft operators shall report on Form BE-36.1

§ 802.3 Information to be furnished.

The information required for balance-of-payments purposes consists of the earnings of foreign operators from the carriage of imports into the United States and their total expenses incurred in the United States on both passenger and freight operations, including overhead. Voluntary replies to questions 5, 6, 7 and 8 on Form BE-29 (vessel operators) regarding earnings on exports and movements in accounts due to or payable from home offices of foreign branches in the United States are requested but are not required by law.

§ 802.4 Time and place of filing reports.

Reports shall be filed annually on or before March 31 of each year to cover operations of the preceding calendar year, except that a report covering operations for 1951 shall be filed on or before June 30, 1952. Reports shall be filed with the Department of Commerce, Bureau of Economic Analysis, Balance of Payments Division, Washington, D.C. 20230.

[17 FR 4922, May 30, 1952. Redesignated at 18 FR 8111, Dec. 10, 1953, and amended at 39 FR 44441, Dec. 24, 1974]

'Filed with the Office of the Federal Register as part of the original document.