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PART 2634 -- EXECUTIVE BRANCH FINANCIAL DISCLOSURE, QUALIFIED
TRUSTS, AND CERTIFICATES OF DIVESTITURE
Subpart A -- General Provisions
Sec.
2634.101 Authority.
2634.102 Purpose and overview.
2634.103 Executive agency supplemental regulations.
2634.104 Policies.
2634.105 Definitions.
Subpart B -- Persons Required to File Public Financial Disclosure
Reports
2634.201 General requirements, filing dates, and extensions.
2634.202 Public filer defined.
2634.203 Persons excluded by rule.
2634.204 Employment of sixty days or less.
2634.205 Special waiver of public reporting requirements.
Subpart C -- Contents of Reports
2634.301 Interests in property.
2634.302 Income.
2634.303 Purchases, sales, and exchanges.
2634.304 Gifts and reimbursements.
2634.305 Liabilities.
2634.306 Agreements and arrangements.
2634.307 Outside positions.
2634.308 Reporting periods and contents of public financial
disclosure reports.
2634.309 Spouses and dependent children.
2634.310 Trusts, estates, and investment funds.
2634.311 Special rules.
Subpart D -- Qualified Trusts
2634.401 General considerations.
2634.402 Special notice for advice-and-consent nominees.
2634.403 Qualified blind trusts.
2634.404 Qualified diversified trusts.
2634.405 Certification of trusts.
2634.406 Independent trustees.
2634.407 Restrictions on fiduciaries and interested parties.
2634.408 Special filing requirements for qualified trusts.
Subpart E -- Revocation of Trust Certificates and Trustee
Approvals
2634.501 Purpose and scope.
2634.502 Definitions.
2634.503 Determinations.
Subpart F -- Procedure
2634.601 Report forms.
2634.602 Filing of reports.
2634.603 Custody of and access to public reports.
2634.604 Custody of and denial of public access to confidential
reports.
2634.605 Review of reports.
2634.606 Updated disclosure of advice-and-consent nominees.
2634.607 Advice and opinions.
Subpart G -- Penalties
2634.701 Failure to file or falsifying reports.
2634.702 Breaches by trust fiduciaries and interested parties.
2634.703 Misuse of public reports.
2634.704 Late filing fee.
Subpart H -- Ethics Agreements
2634.801 Scope.
2634.802 Requirements.
2634.803 Notification of ethics agreements.
2634.804 Evidence of compliance.
2634.805 Retention.
Subpart I -- Confidential Financial Disclosure Reports
2634.901 Policies of confidential financial disclosure reporting.
2634.902 Transition to the new confidential financial disclosure
reporting system.
2634.903 General requirements, filing dates, and extensions.
2634.904 Confidential filer defined.
2634.905 Exclusions from filing requirements.
2634.906 Review of confidential filer status.
2634.907 Report contents.
2634.908 Reporting periods.
2634.909 Procedures, penalties, and ethics agreements.
Subpart J -- Certificates of Divestiture
2634.1001 Nonrecognition for sales to comply with conflict of
interest requirements; general considerations.
2634.1002 Issuance of Certificates of Divestiture.
2634.1003 Permitted property.
2634.1004 Special rule.
Appendix A to Part 2634 -- Certificate of Independence
Appendix B to Part 2634 -- Certificate of Compliance
Appendix C to Part 2634 -- Privacy Act and Paperwork Reduction
Act Notices for Appendixes A and B
Authority: 5 U.S.C. App. (Ethics in Government Act of
1978); 26 U.S.C. 1043; 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.
Subpart A -- General Provisions
Source: 57 FR 11804, Apr. 7, 1992, unless otherwise noted.
2634.101 Authority.
The regulation in this part is issued pursuant to the
authority of title I of the Ethics in Government Act of 1978,
(Pub. L. 95 - 521, as amended) (``the Act'') as modified by the
Ethics Reform Act of 1989 (Pub. L. 101 - 194, as amended by Pub.
L. 101 - 280) (``the Reform Act''); section 502 of the Reform
Act; and section 201(d) of Executive Order 12674 of April 12,
1989, as modified by Executive Order 12731 of October 17, 1990.
[57 FR 11804, Apr. 7, 1992; 57 FR 21854, May 22, 1992]
2634.102 Purpose and overview.
(a) This regulation supplements and implements title I of
the Act and section 201(d) of Executive Order 12674 (as modified
by Executive Order 12731) with respect to executive branch
employees, by setting forth more specifically the uniform
procedures and requirements for financial disclosure and for the
certification and use of qualified blind and diversified trusts.
Additionally, this regulation implements section 502 of the
Reform Act by establishing procedures for executive branch
personnel to obtain Certificates of Divestiture, which permit
deferred recognition of capital gain in certain instances.
(b) The rules in this part govern both the public and
confidential (nonpublic) financial disclosure systems, except as
otherwise indicated. Subpart I of this part contains special
rules unique to the confidential disclosure system.
2634.103 Executive agency supplemental regulations.
(a) This regulation is intended to provide uniformity for
executive branch financial disclosure systems. However, an agency
may, subject to the prior written approval of the Office of
Government Ethics, issue supplemental regulations implementing
this part, if necessary to address special or unique agency
circumstances. Such regulations:
(1) Shall be consistent with the Act, Executive Orders
12674 and 12731, and this part; and
(2) Shall impose no additional reporting requirements on
either
public or confidential filers, unless specifically authorized by
the Office of Government Ethics as supplemental confidential
reporting.
Note: Supplemental regulations will not be used to
satisfy the separate requirement of 5 U.S.C. App. (Ethics in
Government Act of 1978, Section 402(d)(1)) that each agency have
established written procedures on how to collect, review,
evaluate, and, where appropriate, make publicly available,
financial disclosure statements filed with it.
(b) Requests for approval of supplemental regulations
under paragraph (a) of this section shall be submitted in writing
to the Office of Government Ethics, and shall set forth the
agency's need for any proposed supplemental reporting
requirements. See 2634.901 (b) and (c).
(c) Agencies should review all of their existing financial
disclosure regulations to determine which of those regulations
must be modified or revoked in order to conform with the
requirements of this part. Any amendatory agency regulations
shall be processed in accordance with paragraphs (a) and (b) of
this section.
2634.104 Policies.
(a) Title I of the Act requires that high-level Federal
officials disclose publicly their personal financial interests,
to ensure confidence in the integrity of the Federal Government
by demonstrating that they are able to carry out their duties
without compromising the public trust. Title I also authorizes
the Office of Government Ethics to establish a confidential
(nonpublic) financial disclosure system for less senior executive
branch personnel in certain designated positions, to facilitate
internal agency conflict-of-interest review.
(b) Public and confidential financial disclosure serves to
prevent conflicts of interest and to identify potential
conflicts, by providing for a systematic review of the financial
interests of both current and prospective officers and employees.
These reports assist agencies in administering their ethics
programs and providing counseling to employees.
(c) Financial disclosure reports are not net worth
statements. Financial disclosure systems seek only the
information that the President, Congress, or OGE as the
supervising ethics office for the executive branch has deemed
relevant to the administration and application of the criminal
conflict of interest laws, other statutes