DISPOSITION OF AWARDS FROM FOREIGN GOVERNMENTS

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP72-00310R000100100003-3
• Release Decision: RIPPUB
• Original Classification: S
• Document Page Count: 9
• Document Creation Date: December 12, 2016
• Document Release Date: April 8, 2002
• Sequence Number: 3
• Publication Date: May 11, 1970
• Content Type: MF

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11 May 1970
:ORANDUIv FOR: Director of Personnel
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Disposition of Awards from Foreign
Governments
1. Reference is made to your memoranda requesting the
assistance of this office in obtaining the release of certain foreign
awards presented to Agency employees.
2. The Constitution provides at Article 1, Section 9. Clause
8: 'No Title of Nobility shall be granted by the United States: And
no Person holding any Office of Profit or Trust under them, shall,
without the Consent of Congress, accept of any present, Emolument,
Office, or Title, of any kind whatever, from any King, Prince, or
foreign State. " Thus, absent Congressional consent, there is an
absolute prohibition on accepting gifts and awards from foreign govern-
ments. Congress has enacted a law wherein employees of the Federal
government could, within certain narrow limits, accept gifts and
awards from foreign governments. In effect. the Congress gave its
consent in advance.
3. The undersigned has already spoken to the question of gifts
by an opinion of 10 October 1968 (OGC 68-1992) and will not expound
further except to emphasize my paragraph 6(c) to correct what is
apparently an erroneous impression held by some. That paragraph
stated:
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When it is determined that a Government property
hich was presented to an Agency employee under
official cover is not to be retained for official use, I am
of the opinion the law requires, and good security dictates,
forwarding it to the Chief of Protocol. OGC25X1
Paragraph 6(c) was specifically intended to reverse and amen
cited provision of the earlier opinion. Where an employee is under
purpose of this new law is to make uniform the treatment of a
Government employees who receive foreign gifts and awards, we
are of the opinion that the law requires, and good security dictates,
forwarding the gift to the Chief of Protocol for disposition. This
point is raised because a member of your office is advised the Agency
to still retaining gifts which are not to be used for official purposes.
4. Returning to the question of awards by Public Law 89-673,
Congress, in effect, gave its consent in advance to the acceptance of
awards from foreign governments within specified limits.
Sec. 5. Congress hereby gives its consent to a person
to accept, retain, and wear a declaration which has been
tendered in recognition of active field service in time of com-
bat operations or which has been awarded for other outstanding
or unusually meritorious performance, subject to the approval
of the department, agency, office, or other entity in which such
person is employed and the concurrence of the Secretary of
State. In the absence of such approval and concurrence, the
decoration shall be deposited by the donee for use and disposal
as the property of the United States in accordance with the rules
and regulations issued pursuant to this act. (Emphasis added.)
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5. At Section 7 Congress empowered the President to
promulgate rules and regulations necessary to carry out the
purposes of the act and by Executive Order 11320. 9 December 1966,
the President delegated such authority to the Secretary of State.
The Secretary of State, and, when designated by
the Secretary of State for such purpose, the Under Secretary
of State, are hereby designated and empowered to exercise,
without the approval, ratification. or other action of the
President, the authority conferred upon the President by
Section 7 of the Foreign Gifts and Decorations Act of 1966
to proscribe rules and regulations to carry out the purposes
of that Act.
In exercising that delegation of authority the Secretary of State has
promulgated regulations which are found at 3 Foreign Affairs Manual
621.5.
6. In your memorandum you quote a statement from para-
graph 4 of my memorandum of 10 October 1968 as indicating that
"(a)pproval for release will normally be given unless, from the
special or unusual circumstances involved, it would appear to the
Chief of Protocol to be improper to release the item. " Your quote
is somewhat out of context, however, because my paragraph 4 begins:
"(w)ith respect to gifts or decorations on deepossit throush 14 October 1966,
Sec. 621.5 of the department regulation states...." Gifts and decorations
which were on deposit with the Department through 14 October 1966,
according to the regulations issued by the Secretary, should have been
or should be considered for release at you have quoted. However,
decorations received after 14 October 1966 are specifically provided
for at 621. 6d. 'Decorations received which have been tendered in
recognition of active field service in connection with combat operations,
or which have been awarded for outstanding or unusually meritorious
performance, may be accepted and worn by the donee with (1) the approval
by the appropriate agency and (2) the concurrence of the Chief of Protocol.
The legislative history of the Act supports the limited and specific
language of the Secretary's regulation.
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7. The listing of awards which you have provided indicates
some forty awards for twenty- nine individuals and of these, only
four were approved for release by the Department. However, only
two awards predated 14 October 1966. It would appear to this office
that the Department has, within the exercise of its responsibility,
examined the forty awards and ruled that only four met the test of
the statute and the regulations--active field service in time of combat
operations or.. other outstanding or unusually meritorious performance.
invoking those sections. The law and its legislative history clearly
state,that the intent is to make uniform the laws and regulations on the
acceptance of gifts and awards from foreign governments for all Govern-
ment employees. In fact, the final paragraph of the Act' a legislative
history states:
under official cover, we are hard pressed to n a justilicatto n r
It meets the requirement of the Constitution that gifts
and decorations offered by foreign governments have the
approval of the Congress. It treats equally all officers and
employees in the executive, legislative, and judicial branches
of the Government. It is applicable to military as well as
civilian personnel.
Accordingly, when a decoration has been presented to a
Agency em-
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Office of General Counsel
OGC:II sab
Distribution:
Orig. & 1 - A'dressee
1 -VAWARDSQ GIFTS & COMMENDATIONS
1 - Signer
1 - Ch rono
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OGC 68-1992
10 October 1968
SUBJECT: Disposition of Gifts from Foreign
Governments
1. You have requested the opinion of this office as to what
disposition may be made of gifts presented to Agency employees by
a foreign government or an employee or agent of same. As you know,
there is a relatively new law on this subject, Public Law 89-673 of
October 1966.
2. By the above-named Act, Congress gave, within certain
limits, its general consent for employees to accept gifts and decora-
tions from foreign governments. A gift of minimal value can be ac-
cepted by an employee or a member of his household but, "gifts of
more than minimal value shall be deemed to have been accepted on
behalf of the United States and shall be deposited by the donee for use
and disposal as the property of the United States in accordance with
the rules and regulations issued pursuant to this Act." Sec. 4,
PL 89-673. The Act further directs that the rules and regulations
necessary to carry out its purposes are to be prescribed by, or under
the authority of, the President; Executive Order 11320 of 13 December
1966 delegated that authority to the Secretary of State.
3. State Regulations (3 FAM 621) prescribe that a gift of minimal
value is one which has a retail value in the United States not in excess of
$50. When a gift of more than minimal value is tendered, the donor
should be advised that it is contrary to the policy of the United States
to accept such a gift, but when it appears to refuse would cause offense
or embarrassment to the donor or adversely affect the foreign relations
of the United States, the gift may be accepted and deposited with the Chief
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of Protocol for disposal. Sec. 621. 7, which deals with the disposal of
gifts and decorations which have been accepted as the property of the
United States, provides that such a gift may be retained for official use
by the appropriate agency with the approval of the Chief of Protocol.
A gift so used continues to be the property of the United States and
should remain in the Agency at all times or forwarded to the Chief
of S official use is no longer required. I am advised
by in the office of the Chief of Protocol that when the
Agency wishes to retain a gift for official use, it should simply notify
her of such action. The other half of Sec. 621.7 directs agencies to
forward all gifts not used for official purposes to the Chief of Protocol
for transfer to the General Services Administration for disposal.
4. With respect to gifts or decorations on deposit through
14 October 1966, Sec. 621.5 of the Department regulation states:
Any gift or decoration on deposit . . . on October 14,
1966, shall, following written application to the Chief of
Protocol and subsequent approval by the Chief of Protocol
and the appropriate agency, be released through the appropriate
agency to the donee or his legal representative. Such donee
may also, if authorized by the appropriate agency, wear any
decoration so released. Approval for release will normally
be given unless, from the special or unusual circumstances
involved, it would appear to the Chief of Protocol to be improper
to release the item. Any gifts or decorations not approved for
release will become the property of the U. S. Government and
will be used or disposed of in accordance with section 621.7.
5. The basic changes in the law because of PL 89-673 are:
(a) Congress has consented in advance for Government employees to
accept gifts valued at $50 or less; and (b) when a gift valued at more than
$50 is accepted because refusal would embarrass the donor or adversely
affect the foreign relations of the United States, such a gift is the property
of the United States; the donee has no right or title therein.
6. Your question then is answered as follows:
a. Inasmuch as the intent of Congress in passing Public
Law 89-673 was to make uniform the problem of accepting gifts
for all Government employees and this Agency is not specifically
exempt, I am of the opinion that we are subject to it.
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b. There is no legal objection to retaining gifts which
are the property of the United States for official use when the
Chief of Protocol is notified. Official use might include decora-
ting an office wall or conference room with the gift, placing it
on display within the Agency, or a similar use in an overseas
post. However, the law prohibits the gift ever being turned
over to the donee.
official use is to be made of the gift, it sou be orwar e
the Chief of Protocol for disposal.
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