CONTRACT AND PROCUREMENT

Document Type: 
Collection: 
Document Number (FOIA) /ESDN (CREST): 
CIA-RDP81-00728R000100030016-4
Release Decision: 
RIPPUB
Original Classification: 
K
Document Page Count: 
13
Document Creation Date: 
December 9, 2016
Document Release Date: 
February 2, 2000
Sequence Number: 
16
Case Number: 
Publication Date: 
March 25, 1948
Content Type: 
REGULATION
File: 
AttachmentSize
PDF icon CIA-RDP81-00728R000100030016-4.pdf688.04 KB
Body: 
Approved For Release 2000/08/30 : CIA-RDP81-00728R000100030016-4 Li.. l.mploye(':s will not angago in mutters involving the expenditure of ovarnmunt funds to' r ' sourcos of supply or service wherein the ernployoo has n financial . nte,r.,st ~ stock or equity of any kind, without notification burr. u b channels to tho Lxocutivo, CIA. 5. This policy is not inton.ded to interfere with the receipt of gifts by Cali pe.rsonn.el from persons from whom they would normally receive such gifts wore ?l;ho official relationship not present, nor -be interfere with thu normal owricrsh.ip of stock or similar interest or equity in orCanizations having contractual rol.atioris.with CIA, provided that s:tch interest is riot acquired as a result of contractual relationships arising out of the of- ficial position of tho employee. 6. This policf'is e"tatlished for the protection of CIA and its individual employees. STATINTL R. H. HILLENKOETTER Rear Admiral, USN Director of Central Intelligence DI,;T?JmiT10N: All CIA )!mpl.oyees, Approved For Release 2000/08/30 : CIA-RDP81-00728R000100030016-4 Approved For Release 2000/08/30 : CIA-RDP81-00728R000100030016-4 Mar 25, l9b MF !O.RAND:IM TO: Asst. Director for Reports and 3#etimatea Asst. Director for QJperations Asst. Director for Special Operations Asst. Director for Collection and Dissemination Chief, ICAPS Chief, Advisory Council Executive for Inspection and, Security Executive for Administration and Mgt. General Counsel Chief, Magement Branch, MM' Chief, Personnel Branch, AM Chief, Budget aril Finance Branch, A&M Chief, Services,Branch, MM Chief, Reference Center, A& 4 ECT: Contrpot and Procurement Activities 1. No employee of CIA will negotiate or assist in the negotiation of any contract, lease, or procurement matter of a snature ofinvoly~ the expenditure of government mods, with a supp],y or service in which such employee has stock or financial interest of az r kind. 2. Officials haying supervision over such matters will be held personally responsible for insuring strict compliance with the provisions of this directive. FOR THST DIR'TOR OF CRITRAL INTIIA,IGE TCE: E. X. WRIGM Brigadier General, LISA, Deputy Director STATINTL 3/24/46 Approved For Release 2000/08/30 : CIA-RDP81-00728R000100030016-4 Approved For Release 2000/08/30 : CIA-RDP81-00728R000100030016-4 STATINTL C1 1 TI.?AL INTELLIGEITC1 AGENCY Washington, D. C. 1AD 11NNtl TRATIVE I1,STRUCT~ 3 February 1950 ~: C? UB,JE'CT : Contract and Procuremer:t Activities, iz ?,SC:~'S:COTT: Memo from Doputy Direc?toz?, CIA, to As:;istant Directors and Staff Chiufs, dated 25 March 1948, same subject. 1. It is the policy of CIA that employees will not accept gifts, money or other materials of monetary value from any ind9.vidual or group of individuals engaged in any aspect of contractual relations with this Age:icy. 2. Any such ;iits, --homey' or rtiaterials' of monetary value received at any time by, CIA omployces must be returned im:uodiately to the donor. A complete report corioerriing dray such activity and its surrounds ng,oircum- stances will be subrni,;L?ted through channels to the Executive, CIA. 3. Violations of this policy will constitute grounds for immediate dismissal from the Agency. Employees so disiairsed may be subject to prosecution under the provi,,ions of Public Law 772, 60th Congress. Perti- n -rit provisions of the Criminal Code in connection with bribery and graft provide: ''202. Whoever, being an officer or employee' of, or person acting for or on behalf' of the United States, in any official capacity, under or by virtte'of the authority of any depart- ment or agency thereof, . . . asks, accepts, or receives any money, or any clleck,' order, contract, promise, undertaking, obligation, gratui tyr, or security for the payrhent of money, or for the delivery or coriveyance of anything of value, with ia'iten.t to have his 'aocision or action on r.ny question, matter, cause, or proceeding which may at any time be pending, or which may by law be brought before' him in his official capacity, or in his place of trust or profit, influenced thereby, shall be fined not more than three times the s.mount of such r.,oney or value of such thing or imprisoned not more than three years, or both; and s;iall forfeit his office or place and be dis- qualified from holding any office of honor, trust, or profit under the United States." 11216. Whoever, . . being an officer, employee, or ag,:int of the United Sc;~.tes, directly or indirectly takes, receives, or agrees to receive, any money or thing of value, for giving, procuring or aiding to procure to or for any person, any con- tract from the LTnited States or from any officer, department or a ericy thereof;" . . . will be punished according to law. Approved For Release 2000/08/30 : CIA-RDP81-00728R000100030016-4 Approved For Release 2000/08/30 : CIA-RDP81-00728R000100030016-4 L1.. Employees will not ongoxge in,rnatters involving the expenditure of tov,.:~rnmunt funds to'i'sources of supply or service' wherein the employee has a firiaticial interest/ stock or equity of any kind, without notification throush channels to the Exocutivo, CIA. 5. This policy is not intairided to interfere with the receipt of gifts by CII porsonn.el from persons from whom they would normally receive such Sifts were the official relationship not present, nor to interfere with tlt~ normal ownership of stock or similar interest or equity in organizations having contractual relations with CIA, provided that s,.:tch interest is not acquired as a result of contractual rolationchips arising out of the of- ficial Position of the employeo. 6. This policy'is establishod for the protection of CIA and its individual eriployocs. STATINTL R. H. HILLER Rear Admiral, USN Director of Central Intelligence DISThI.EUTION: All CIA Employees- 13 6 NV 9' 83JO6 Approved For Release 2000/08/30 : CIA-RDP81-00728R000100030016-4 Approved For Release 2000/08/30 : CIA-RDP81-00728R000100030016-4 STATINTL Dgx,,"P - _- 1/26/50 STATINTL NO. SUJ:JECr'f.. eemd from l q*. Director, CIA, to Asa1stant Directors and : to `f.-CIiiofsf dated 25 Tlarch 1948, same, subject, 1. it 16 t ho policy of CIA'd that employees will. -not accept i s) ~7h money or,materials of monetary value from any individual, or gcoup of individuals engaged In ' any aspect of contractual relations with provide: 9YDJoJi:1 f-rR. 3* Violations of this Policy vill constitute Ai tediato dismxsaa3. Ant4 from the A oncy, &P1 &iW :3o disr~.ssdd 'k .be 6ub ject" to prosecu4 tion under the proTAsions of Public Lz 772, 330' t h Congress, ' Pertinent proviajon: of the Cri ~a1 Code in co ifte: .o~i vdth bribery and g2?aft channels to the uxecut.ILv?a C this Agency, 2. nL,r ueh,,poney os materials of: monetary value received at any tine by 'M'employees must be returned 3 nediate3v to the donor Onl~ altF t/,y >r:: c a"h .o npleto repo la oanoern#si ; such acttvit3~submittedd'through 202. W'a`ho?vor, being, an officer or employee of, or parson acting for or on behalf of the United 3tates~ ?3X n ?? `off .oiai:: capacity, under or by virtue "of the authority of any depart- * ent or agency thereof, . . asks'. , accopts or receives any money, or arty check, order, contract promxsa, ixndartakirl " obligation, 'atu:%'ty, or security for' the ?payraeri1i of mt eyyp ;.:. or for the delivery or cony y nce of 'at> rtbin of valued with intent to have his decision or action on any question, matter , Approved For Release 2000/08/30 : CIA-RDP81-00728R000100030016-4 Approved For Release 2000/08/30 : CIA-RDP81-00728R000100030016-4 cause, or proceeding which may at any time be pending, or which may by law be brought before him in his official oapaoity, or in his plane of trust or profit, influenced thereby, shall be fined not more than three times the amount of such money or value of such thing or imprisoned not more than three years, or both= and shall forfeit his office or place and be disqualified from holding any office of honor, trust, or profit under the United States." "216. Whoever, . . . being an officer, employee, or agent of the United States, directly or indirectly takes, receives, or agrees to receive, any money or thing of value, for giving, procuring or aiding to procure to or for any person, any ww.-ir~ .. it t .fr A.pwrt- A St t w f ~ it th o ny n o.r a e or o e o e Un II ~~ment or agency thereof i . . will be vanished aooordin6 to law. (~/~ /3 l by CIA personnel from persons from v-hom they would normally receive such 4-0--l-V This policy is not intended to interfere with the receipt of gifts gifts were the official relationship not present, Employees will not engage in matters involving the expenditure of government funds with sources of supply or service wherein the employee has a financial interest, stook or equity of any kind, without notification, through abcvncls, to the Executive, CIA. x o. 4 01M #be~ain'bsnt i,f M. i is interfere with the normal position of the employeee ownership of stook or similar interest or equity in organizations having cent astmal relations with CIA, provided that such interest is not acquired as a result of contractual relationships arising out of the official 41 DISTRIBUTION, A~ I C4 ~- 9 ~'/ay e S1 /I;. r11t C4 ?r0-1r(I,n6o q e/ A a ' ,v p I Ti I Approved For Release 2000/08/30 : CIA-RDP81-00728R000100030016-4 Approved For Release P81-00728R000100030016-4 U ASSIFIED SECRET FORM NO. 'p?. CONFIDENTIAL RESTRICTED SEP 1917 S FIED ESTRICTEfCONFIDENTIAL SECRET ~ UE~ WILL CIRCLE CLASS. CATION TOP AND BOTTOM) - CENTRAL INTELLIGENCE AGENCY OFFICIAL ROUTING SLIP INITIALS DATE 1 2 3 4 5 FROM INITIALS DATE 2 3 =APPROVAL 0 INFORMATION I I SIGNATURE ..._~IACTION II DIRECT REPLY Li RETURN COMMENT I I PREPARATION OF REPLY r-~ DISPATCH I JCONCURRENCE I- I RECOMMENDATION I_ FILE REMARKS: ~~~ .dot! d~G~? Approved For Release 2000/08/30, CIA-RDP81-00728R000100030016-4 1st Draft 10 January 1950 1. The acceptance of any money or thing of value from any individual, company, firm, or corporation, or official representa- tive thereof, which has engaged in, is presently engaged in, or is seeking to engage in contractual relations with this Agency for the furnishing of supplies, materials or services for monetary consideration, by any CIA employee, who has or may have such matter brought before him in his official capacity, Ais prohibited. 2. Any such money or thing of value actually received at any time by any such CIA employee should be returned immediately to the donor, and report of the gift and surrounding circumstances made through official channels to the Executive. 3. Employees who violate this policy will be dismissed from the Agency. 4. This policy is not intended to interfere with the receipt of gifts by CIA personnel from persons from whom they would normally receive such gifts were the official relationship not present. 5. a. No employee of CIA will negotiate, assist in the negotiation of, or review any contract, lease, or procurement matter involving the expenditure of government funds, with a source of supply or service in which such employee has a stock or financial interest or equity of any kind, without first in- Approved For Release 2000/08/30 : CIA-RDP81-00728R000100030016-4 forming the Executive through official channels in each instance. b. In situations arising under paragraph 5. a, the Executive will determine in each individual case whether the nature of the interest orequity of the employee in such case is of such a nature that it would be improper for the employee Approved For Release 2000/08/30 CIA-RDP81-00728R000100030016-4 Approved For Release 2000/08/30 : CIA-RDP81-00728R000100030016-4 il.Li? Lil cus oiii.cial capacity., or in his place of t t "216. Whoever, . being an officer, employee., or agent of the United States, directly or in- directly takes, receives, or agrees to receive, Approved For Release 2000/08/30 CIA-RDP81-00728R000100030016-4 to participate or assist in the negotiations or review of the particular action involved. c. This policy is established for the protection both of CIA and its individual employees. It is not intended to interfere with the normal ownership of stock or similar interest or equity in organizations having contractual relations with CIA, provided that such interest is not acquired as a result of contractual relationships arising out of the official position of the employee. 6. Attention is also called to pertinent provisions of the Criminal Code in connection with bribery and graft. Particular attention is directed to Sections 202 and 216 of Public Law 772, 80th Congress, which provide that: "202. Whoever, being an officer or employee of, or person acting for or on behalf of the United 1States, in any official capacity, under or by virtue of the authority of any department or agency thereof, . . . asks, accepts, or re- ceives any money, or any check, order, con- tract, promise, undertaking, obligation, grattuity, or security for the payment of money, or for the delivery or conveyance of anything of value, with intent to have his decision or action on any question, matter, cause, or proceeding which may at any time be pending, or which may by law be brought before rus or profit, influenced thereby, shall be fined not more than three times the amount of such money or value of such thing or imprisoned not more than three years, cr both; and shall forfeit his office or place and be disqualified from holding any office of honor, trust, or profit under the United States." Approved For Release 2000/08/30 : CIA-RDP81-00728R000100030016-4 any money or thing of value, for giving, procuring or aiding to procure to or for any person, any contract from the United States or from any officer, departjnent or agency thereof; . . . W/ / \7. The memorandum from the Deputy Director to the Assistant Directors and, gaff fe4hiefs,dated 25 March 191 8 , Subject: Contract and Procurement-.Activities is re$inded. Approved For Release 2000/08/30 : CIA-RDP81-00728R000100030016-4 Approved For Release 2000/08/30 : CIA-RDP81-00728R000100030016-4 Dlw'T - . , 1/26/50 ADMINISTRA'T'IVE INSTRUCTION NO. SUBJECT : Contract and Procurement Activities RESCISSION: Memo from Deputy Director, CIA., to Assistant Directors and Staff Chiefs, dated 25 March 1248, same subject. 1. It is the policy of CIA that employees will. not accept (~1 G money or materials of monetary value from any individual or group of individuals engaged in any aspect of contractual relations with this Agency. 2. Any such money or materials of monetary value received at any time by CIA employees must be returned immediately to the donor,. J c~' t,r,'; i a L with a complete report concerning such( c ivity)submitted, through channels, to the Executive,, CIA. 3. Violations of this policy will constitute/ immediate dismissal c from the Agency,and employees so dismissed will be subject to prosecu- tion under the provisions of Public Law 772, 80th Congress. Pertinent provisions of the Criminal Code in connection with bribery and graft provide: 11202. Whoever, being an officer or employee of, or person acting for or on behalf of the United States, in any official capacity, under or by virtue of the authority of any depart- ment or agency thereof, . . . asks, accepts, or receives any money, or any check, order, contract, promise, undertaking, obligation, gratuity, or security for the payment of money, or for the delivery or conveyance of anything of value, with intent to have his decision or action on any question, matter, Approved For Release 2000/08/30 : CIA-RDP81-00728R000100030016-4 Approved For Release 2000/08/30 : CIA-RDP81-00728R000100030016-4 cause, or proceeding which may at any time be pending, or which may by law be brought before him in his official capacity, or in his place of trust or profit, influenced thereby, shall be fined not more than three times the amount of such money or value of such thing or imprisoned not more than three years, or both; and shall forfeit his office or place and be disqualified from holding any office of honor, trust, or profit under the United States." "216. Whoever, . . . being an officer, employee, or agent of the United States, directly or indirectly -rakes, receives, or agrees to receive, any money or thing of value, for giving, procuring or aiding to procure to or for any person, any contract from the United States or from any officer, depart- '1 ment or agency thereof; . . . will be punished according to law. 4. This policy is not intended to interfere with the receipt of gifts would normally receive such the h f y om rom w by CIA personnel from persons gifts were the official relationship not present= r? Employees will not engage in matters involving the expenditure of government funds with sources of supply or service wherein the employee has a financial interest, stock or equity of any kind, withoutAnotification, through channels, to the Executive, CIA. ~;~ T~ ice-the-d ent-of-t3zia- po-l e Ito interfere with the normal ownership of stock or similar interest or equity in organizations having contractual relations with CIA, provided that such interest is not acquired as a result of contractual relationships arising out of. the official position of the employee. FOR THE DIRECTOR OF CENTRAL INTELLIGENCE: DISTRIBUTION: A. Approved For Release 2000/08/30 : CIA-RDP81-00728R000100030016-4