Misc Pub 27-8 Legal Handbook Commander’s 2019



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CommandersLegalHandbook
ArmyDemLogProgramBriefing-Jan17
169
26
Annual Filing of Financial
Disclosure Forms
A. References
• DoD Regulation R (Joint Ethics Regulation Website www.fdm.army.mil
B. Confidential Financial Disclosure – OGE Form 450
1. Purpose of Filing
OGE Forms are filed in order to ensure DoD employees do not engage in official financial transactions or decision-making in which, due to their private interests, they may have a conflict of interest.
2. Who Must File
Personnel in covered positions including All Army installation commanders, unless they are an OGE 278 filer Special Government Employees (SGE) defined at 18 U.S.C. § a, generally defined as employees performing temporary duty for 130 days or less in any 365 day period. Consult with an ethics counselor to determine whether an SGE, including a US. Army Reserve or National Guard members, are required to file Civilian employees at grade GS and below, and military personnel below grade O, when they participate personally and substantially in taking official action for- Contracting or procurement- Administering or monitoring grants, subsidies, licenses, or other Federal benefits- Activities in which the final decision may have a direct and substantial economic impact on the interests of a non-Federal entity- Regulation or auditing of non-Federal entities, or- Administering or monitoring grants, subsidies, licenses, or other federal benefits.
3. Who is Excluded from Filing
Personnel not employed in contracting or procurement positions, who have authority to make purchases of less than $2,500 per purchase, and less than $20,000 cumulatively per year.
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170
Pursuant to a memorandum signed by the Secretary of the Army on 11 October 2001, the following personnel are presumptively excluded from filing Officers in the grade of O and below, enlisted Soldiers in the grade of E and below, and civilians in the grade of GS and below. Warrant officers are not included in this category. These exclusions do not extend to officers in the Acquisition Corps Government purchase cardholders with authority up to the simplified acquisition threshold None of these exclusions preclude supervisors from requiring subordinates to file the form when, in the supervisor’s judgment, the subordinate has duties involving the exercise of significant independent judgment over matters that will have a substantial impact on the integrity of Army operations and relationships with non-Federal parties. Further, these exclusions do not apply to individuals who hold contracting warrants, or otherwise fall within categories defined in the Code of Federal Regulations or the Joint Ethics Regulation. Commanders are advised to consult with an ethics counselor before granting an exclusion.
In addition, personnel maybe excluded by the head of an agency because The possibility that the employee will be involved in areal or apparent conflict of interest is remote The effect on the integrity of the federal government is inconsequential There is a substantial degree of supervision and review.

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