DEAR MR. HUGHES:

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP91-00965R000400200001-4
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 9
• Document Creation Date: December 15, 2016
• Document Release Date: December 30, 2003
• Sequence Number: 1
• Publication Date: March 9, 1959
• Content Type: LETTER

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FOREIGN GIFTS AND DECORATIONS ACT OF 1959
AN ACT
To grant the consent and approval of Congress to the acceptance
of certain gifts and decorations from foreign governments,
and for-other purposes.
Be it enacted by the Senate and House-of-Re
presentativ s
of the United States of America in Congress assembled
Sec, 1. This Act may be cited as the "Foreign Gifts and
Decorations Act of 1959".
Sec, 2. In this Act
(a) "Person" means any person who is appointed
to a position in the executive branch cif the Government of the
United States, its Territories and possessions, the Canal Zone
Government, and the District of Columbia, including any depart-
"rent, agency, or establishment thereof, or is a member of the
armed forces,
(b) "Foreign government" means any foreign
government or any official, agent, or representative thereof.
(c) "Gift"' means any gift or present to a person
tendered by or received from a foreign government.
(d) "Decoration" means any decoration, order, or
.ed$Y tendered by or received from a foreign government.
Sec. 3.
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Sec. 3. (a) No person shall request or otherwise
encourage the tender of,,* gift or decoration. No person shall
receive a gift or decoration (other than a decoration tendered
in recognition of active field service in times of combat opera-
tions or of personal heroism) except under circumstances where
refusal or return thereof would be likely to cause offense or
embarrassment that would adversely affect the foreign relations
f the United States.
(b) In the event that a gift or decoration is
tendered to a person under circumstances indicating an intent
to influence him in the performance of his duties, he shall
promptly report the relevant facts to the Secretary of State.
If the gift or decoration has been received, it shall be
promptly deposited with the Secretary of State or an official
designated by him. The Secretary of State may direct that it
be returned to the donor or may cause it to be disposed of
under Section 9.
Sec. 4. (a) Except as provided in Section 4(b), any
person receiving a gift shall promptly deposit it with the
Secretary of State or an official designated by him.
(b) If a person promptly reports receipt of a
lift to his superior officer, and if that officer determines
hat the circumstances justified receipt of the gift in
cordance with the provisions of Section 3(a) and that the
gift
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gift is of no substantial intrinsic or resale value, the
person. may retain and need not deposit the gift. The
superior officer shall report to the head of his department or
`agency or his designee any determination that the recipient
may retain the gift.
Sec, 5. (a) Szc.pt as provided in section 3(b), any
person receiving a decoration shall proalptly deposit it with
the Secretary of State or an official designated by him.
(b) If a person promptly reports receipt of a
decoration to the head of his department or agency or his
designee, and that officer determines that the decoration was
tendered in recognition of active field service in time of
combat operations or of personal heroism and that there is no
objection to the retention of the' decoration by the recipient,
the person may retain and need not deposit the decoration.
Se c. 6, (a) The Secretary of State shall establish a
Gifts and Decorations Board which shall be composed of a
representative of the Department of State, who shall be
chairman, and of one representative each from the Departments
of Agriculture, Commerce, and Defense, the International
Cooperation Administration, and the United States Information
Agency, designated, respectively, by the !muds of such
?ispartmenta and agencies. The Chairman may request the head
of
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of any other Govcratoent department or agency to designate a
representative to serve as a member of the Board whenever a
gift deposited by a person within that department or agency
is under consideration. Members of the board shall serve
without additional compensation.
(b) If a person deposits a gift or decoration under
the provisions of Section 4 or S of this Act, and if the Cifts
and Decorations Board determines that there is no objection
to retention of the gift or decoration, it may be returned to
him or his legal representative; idad. That no gift or
decoration shall be returned before the end of 60 calendar
days immediately following the report of such determination
required by Section 7.
(c) The Secretary of State shall establish
procedures for the Gifts and Decorations Board and standards
for its guidance in making determinations under 'Section 6(b).
Such standards shall include, but need not be limited to, the
following --
(1) the ciremstances justified receipt of the gift or
decoration in accordance with the provisions of
Section 3(a);
(2) the gift or decoration caaaot reasonably be
expected to influence the recipient in the
Perfor anCs
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(3) the gift or decoration - t be !tj
constitute payment to ,010 recipient ' fors perforsance
of his duties.
Sec. 7. The Secretary of ftatn shall transmit ,to Congress
at the beginning of each regular sotsivci a tepiort of all
determinations aade by the Board der . Section 6(b) ;since the
prior repast. The report shall inclvdt ,th saspect to, each
gift or decoration
the cares of the vea4l"to the d ipartsnt
... ,. rixNY.
or agency with which hi is associated, the tore governsrat
tendering the gift or decoration, a description of the gift
and its approximate value, the nerve of the decoration, and the
reason, if knosm, for which the gift or decoration was tendered.
Sec. ds. :any decoration retained by a person under
section 5(b) of this Act or returned to a person under Section
6(b) of this Act may be worn or displayed.
Sec. 9. If a gift has been dspositsd and the Cifts and
Decorations Board has determined that there is an objection to
its retention by the recipient or his legal reproseatative, the
eft shalt ho c c alder" to have been accepted on behalf of
the united States. The Secretary of State may thereafter,
in his discretion, and notwe.thstandists_ the srrorJs4+810 .a ....y
other law,
(a) authorize retention of the gift for the use of a
department
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department or agency of the Covernment of the United States,
as may be appropriate, or
(b) authorize disposition of the gift and payment
of the proceeds, if any, less the expenses of disposition,
into the Treasury of the United States.
Sec. 10. Any gift or decoration in the custody of the
Secretary of State on the effective date of this Act shall be
treated as if deposited with the Secretary of State under
the provisions of Sections 4 and S of this Act, as appropriate.
Sec. 11. Rules and regulations to carry out the purposes
of this Act may be prescribed by or-under the authority of
the President.
Sec. 12. (a) Section 3 of the Act of January 31, 1881,
1 tat. 604 (5 U.S.C. 115) is amended by striking out the
.or `.\ny" at the beginning of the section and substituting
.fiords "Except as otherwise provided by the'Foreign Cifts
tnu fecorations Act of 1959, any".
(b) Section 1002 of the foreign Service Act of
194b, 60 Stat. 1030, as amended, (22 J.S.C. 804) is sa snded by
Striking out the word "An" at the beginning of the section and
substituting the words "Except as otherwise provided by the
Foreign Gifts and Decorations Act of 1959, an".
(c) Section 602(d) of the Federal Property and
Administrative
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Administrative Services
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dsl*t#h; the semicolon at .the
State ? PD,, Wash. t D.C.
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