US Government Gratuities Policy

1. Background A

1.1. A myriad of laws and regulations determine the who, what, and when of providing gifts to government officials. There are various definitions of what is a “gift” and who is a government “official” as well as intent leading to a violation. In addition there are laws restricting the acceptance of gifts. When you are involved in business decisions for Govcwiki, your decisions must be based on your unbiased judgment. 1.1.1. The Federal Bribery Statute (18 U.S.C. § 201(b) generally prohibits anyone from giving, offering or promising a public official, either directly or indirectly, anything of “value” with the “intent to influence” any official act or omission on the part of that official. 1.1.2. The Federal Gratuity Statute (18 U.S.C. § 201(c) is similar to the bribery statute, but requires a lesser degree of intent. Under the gratuity statute it is a crime to directly or indirectly give, offer, or promise anything of value to any public official, former public official or person selected to be a public official, for or because of any official act performed by that official. 1.1.3. Additionally, the government’s ethics rules, Federal Acquisition Regulations (FAR, CFR Title 48), and CFR Title 5, Administrative Personnel, provide that federal personnel may not solicit or accept gifts offered because of their official positions. 1.1.4. The Foreign Corrupt Practices Act, 15 U.S.C.§ 78dd-1, provides that an offer of payment, promise to pay, or anything of value to any person to influence the foreign person in his/her capacity is strictly prohibited.

2. Purpose 2.1. The purpose of this policy is to establish the requirement for a Govcwiki plc, Gratuities Standard, which will ensure the compliance of the regulations encompassing giving gifts and gratuities.

3. Scope 3.1. This policy covers all Govcwiki plc employees.

4. Policy 4.1. It is the Policy of Govcwiki Plc to comply with all laws and regulations relating to the giving of gifts and gratuities.

5. Basic Requirements 5.1. The requirements for compliance of US Government Gratuities regulations are complex and lengthy. As such a separate, US Government Gratuities Standards document has been developed to ensure compliance. 5.2. Any Govcwiki employee who would be in a position to give or receive a gift must refer to the Gratuities Standard document, and ensure they are not violating any regulation. 5.3. Any Govcwiki employee with questions regarding the giving or receiving of a gift must consult Govcwiki legal.