A "prohibited source" under the regulations is one who:
seeks official action from the employee's agency; does business or seeks to do business with the agency; conducts activities regulated by the employee's agency; has interests that may be substantially affected by the performance or nonperformance of the employee's official duties; or is an organization with a majority of its members in one of the above categories. A gift is solicited or accepted "because of the employee's official position" when the gift "would not have been solicited, offered, or given had the employee not held the status, authority or duties associated with his Federal position." Exceptions

			Personal or Family Relationships

Although an executive branch employee may not accept gifts given by a "prohibited source," or given because of his or her official position, the regulations expressly note within the listed "exceptions" that an executive branch official may accept a gift without limitation (even from an otherwise "prohibited source") when it is "clear" that the gift "is motivated by a family relationship or personal friendship rather than the position of the employee." Additionally excluded from the definition of a "gift" in the executive branch are modest items of food and drink, which are not offered as part of a meal, greeting cards, and items with little intrinsic value such as plaques or trophies. If the sponsor of the event is one whose interests may be substantially affected by the official duties of the employee, then the agency must balance the interests of the agency in allowing the employee's acceptance of such a gift of attendance with the sensitivity of the matter under agency consideration and the employee's role in that matter, and make a determination in writing that "the employee's participation in the event outweighs concern that acceptance of the gift of free attendance may or may appear to improperly influence the employee in the performance of his official duties." In 1966, however, Congress granted in the "Foreign Gifts and Decorations Act" a general statutory consent to the acceptance of certain gifts of minimal value, the conditional acceptance of certain other tangible gifts on behalf of the United States, and decorations from foreign governments in certain circumstances. The current statutory provision on foreign gifts and decorations generally:
1. 2. Prohibits the receipt of a gift from a foreign government or an official foreign source except when authorized by the law. When, however, things of value are given, offered, or transferred to a federal official, and the transaction is connected in some way to an official act of the government officer or employee, then such offer and/or acceptance of a thing of value may implicate potential violations of federal criminal law. In addition to the statutory "gifts" provision and regulations, federal officers and employees continue to be subject to the restrictions of the federal bribery law at 18 U.S.C.
This report provides information on the federal statutes, regulations, and guidelines concerning the restrictions on the acceptance of gifts and things of value by officers or employees in the executive branch of the United States government.
The laws and regulations on the receipt of "gifts" by executive branch personnel provide, generally, that an employee may not solicit or accept a gift:
(1) if the gift is from a "prohibited source" or
(2) if the gift is given because of the employee's official position.
A "prohibited source" under the regulations is one who seeks official action from the employee's agency; one who does business or seeks to do business with the agency; one whose activities are regulated by the employee's agency; one whose interests may be substantially affected by the performance or nonperformance of the employee's official duties; or an organization a majority of whose members fit any of the above categories.
A gift is given "because of" the employee's official position if it would not have been offered "had the employee not held the status, authority or duties associated with his Federal position." Gifts that are "motivated by a family relationship or personal friendship" may therefore be accepted without limitation.
There are several exceptions to the gifts restrictions for the receipt of certain gifts, including a general de minimis exception for the receipt of gifts of under $20 in value; modest items of food and drink that are not offered as part of a meal; greeting cards and items with little intrinsic value, such as plaques or trophies; certain bona fide awards; certain expenses for some conferences and symposiums when approved by the agency; and items related to an outside business or employment activity of the employee.
In addition to the regulations on "gifts," there are additional criminal statutory provisions that may apply to the receipt of things of value by a federal officer or employee when that receipt is connected in some way to, or influences, an official act or the official duties of the officer or employee. These include criminal statutory prohibitions on the receipt of "bribes" and "illegal gratuities," prohibitions on official extortion, and the "honest services" fraud component of the mail and wire fraud statutes.
Gifts from foreign governments or foreign officials to all federal officers or employees are prohibited by a constitutional provision, unless such gifts are permitted by Congress (Article I, Section 9, clause 8). Congress has consented to the receipt of gifts in certain circumstances from official foreign sources in the Foreign Gifts and Decorations Act.