Misc Pub 27-8 Legal Handbook Commander’s 2019


Rules and Exceptions for Gifts Between Employees



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CommandersLegalHandbook
ArmyDemLogProgramBriefing-Jan17
3. Rules and Exceptions for Gifts Between Employees
In general, a DoD employee may not accept a gift from a lower paid employee or solicit for or give a gift to a superior. Two major exceptions allow employees to accept gifts from fellow employees.
First, an employee may accept a gift on a traditional gift-giving occasion as long as the gift is valued at $10.00 or less (no cash. Examples would include birthdays or holidays. This exception also authorizes DoD members to accept the unsolicited gift of personal hospitality at
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someone’s home (of a type customarily provided to personal friends) or host/hostess gifts (of a type and value given on such occasions).
Second, an employee may accept a gift on a special, infrequent occasion. Examples of a special, infrequent occasion would include marriage, illnesses, change of command, PCS, or retirement. When accepting a gift based on a special, infrequent occasion, the following rules apply The gift must be valued at $300.00 or less per donating group If any employee donates to more than one donating group, the value of the gifts becomes aggregated If the gift exceeds $300, the employee may not buy down the value of the gift Employees may solicit for contributions for the gift as long as the solicitation does not exceed $10.00 (although the employees may contribute more than $10.00). Solicitation must be free from coercion All contributions must be voluntary.
4. Rules for Gifts from Foreign Governments
Members of the military may personally accept a gift from a foreign government (federal, state, or local government) that is valued at $390.00 or less. The General Services Administration periodically adjusts this amount. The value of the gift must be based on its fair market value in the United States, not the market value in the donor nation. A gift from a foreign government to your spouse is treated as a gift to you.

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