Department of State, Washington, D.C. 20520. (b) In view of the decentralized nature of the files of the Department of State, it will generally not be possible to make the requested records available immediately upon request. Records will be made available as promptly as is reasonable under the particular circumstances involved. (c) Original or record copies of records will not be permitted to leave the custody of the lawful custodian thereof. Copies, duly certified upon request, will be furnished in lieu thereof in accordance with established fees. (d) Requests relating to records of any other Federal agency, copies of which are on file in the Department of State, will normally be referred to that agency for consideration. (e) The burden of adequately identifying the record so requested lies with the requesting person. Such person may seek appropriate assistance from the Chief, Records Services Division, or a member of his staff, in identifying the record sought. § 6.8 Schedule of fees and method of payment for services rendered. (a) The following specific fees shall be applicable with respect to services rendered to members of the public under this part: (1) Searching for records, per hour or (4) Certification of each record as ment $3.50 3.50 .40 .75 1.00 (6) For each signed statement of negative result of search for record. 1.00 (7) For each signed statement of non availability of record_--------- No fee. (b) Fees for services performed other than under this part, as described in § 6.2(b), will be charged in accordance with Parts 21 and 22 of this chapter. (c) When no specific fee has been established for a service, or the request for a service does not fall under one of the above categories due to the amount or size or type thereof, the Chief, Records Services Division is authorized to establish an appropriate fee pursuant to the criteria established in Bureau of the Budget Circular No. A-25, entitled "User Charges." (d) When a request for identifiable records is made by mail pursuant to § 6.7(a), it should be accompanied by remittance of the total fee chargeable, as well as a self-addressed stamped envelope, if special mail services are desired. (e) Fees must be paid in full prior to issuance of requested copies. If uncertainty as to the existence of a record, or as to the number of sheets to be copied or certified, precludes remitting the exact fee chargeable with the request, the Department of State will inform the interested party of the exact amount required. (f) Remittances shall be in the form either of a personal check or bank draft drawn on a bank in the continental United States, a postal money order, or cash. Remittances shall be made payable to the order of the Department of State. The Department will assume no responsibility for cash which is lost in the mail. (g) A receipt for fees paid will be given only upon request. Refund of fees paid for services actually rendered will not be made. § 6.9 Access to classified foreign policy records for nonofficial research purposes. (a) General policy. (1) The Department permits access to its classified foreign policy records by individuals engaged in private research as liberally as possible, consistent with the national interest, the maintenance of friendly relations with other nations, the efficient operation of the Department, and the administrative feasibility of servicing requests for access to records. (2) Former incumbants of senior positions within the Department shall be accorded access to records relating to their own activities, except in those cases where the Secretary of State determines that such access would not serve the national interest. Such persons enjoying access to sensitive materials may be required to submit their notes for clearance by the Department prior to the publication of any manuscript prepared as a result of such access. (b) Three periods with respect to access by nonofficial researchers to the foreign policy records of the Department(1) Closed period. The foreign policy records of the Department are in general closed to access by nonofficial researchers in advance of the publication of the Department's documentary series entitled "Foreign Relations of the United States." The beginning date of the closed period will be advanced automatically as the annual "Foreign Relations" volumes are released. Copies of identifiable unclassified foreign policy records of this period may be obtained in accordance with the procedures set forth in the preceding sections of this part. (2) Open period. The open period is the period up to 30 years from the current year. The foreign policy records of the Department for the open period are in the National Archives and may be consulted under regulations issued by the National Archives. (3) Restricted period. The restricted period is the period between the open period and the closed period. Access to foreign policy records in the restricted period shall be confined to qualified researchers demonstrating a scholarly or professional need for the information contained in such records. Access to these records of the restricted period will be granted only to U.S. citizens. Copies of identifiable unclassified foreign policy records of this period may be obtained in accordance with the procedures set forth in the preceding sections of this part. (c) Special restrictions on access to classified records in addition to the general restrictions listed in paragraph (b) of this section. (1) The use of classified records or information therefrom is subject to the Department's security regulations. (2) Access to certain types of foreign policy records will not be given if their publication, in whole or in part, would be contrary to the interests of national defense or foreign policy, such as (i) materials which might tend to prejudice the conduct of foreign relations by the U.S. Government; (ii) materials embodying opinions or comments which might give needless offense to other nations or individuals abroad; and (iii) materials which would violate a con fidence reposed in the Department of State. (3) In general, foreign policy records originated by a foreign government or another agency of the U.S. Government and not yet published or opened to access by that government or agency, will not be made available to researchers without the consent of the government or agency concerned. (d) Application for nonofficial access to foreign policy records in the restricted and closed periods (1) Submission of application. A written application for access to foreign policy records in the restricted and closed periods shall be submitted to the Director, Historical Office, Department of State, Washington, D.C. 20520. (2) Information to be furnished in application. The application shall contain a description of the nature and scope of the proposed study and the types of records required. Administrative considerations make it necessary for the researcher to confine his request to records on specific topics. The applicant also shall provide data establishing his citizenship, academic background and research experience. The application shall be accompanied by appropriate references or, preferably by letters of recommendation. (3) Departmental action on the application. The Director of the Historical Office shall determine the nature and extent of access to be granted, and any special restrictions to be placed on the use of the information, and shall notify the applicant whether access to the desired records can be granted. If access is granted, the Director will then make any necessary arrangements for the applicant to consult the records, subject to such conditions as may be agreed upon. (e) Clearance of notes or materials resulting from nonofficial use of records for research purposes. The researcher who has been granted access to classified foreign policy records shall be required to agree, in advance of his access to records, to submit to the Director of the Historical Office for purpose of review, all such notes or manuscripts as the researcher may prepare from the records. The Director of the Historical Office shall review and then transmit the cleared notes or manuscripts to the researcher, deleting such items as the Department may deem necessary to withhold. § 7.1 Establishment of Board of Appellate Review; purpose. There is hereby established the Board of Appellate Review in the Office of the Deputy Under Secretary for Administration for the purpose of promoting centralization of administrative appeal procedures required by law and regulation or otherwise as provided by the Department. § 7.2 Board membership. The Board shall consist of regular members who shall serve on a full-time basis, one of whom shall be designated the head thereof, and such ad hoc members as may be designated from time to time by the Deputy Under Secretary for Administration. Nothing in this section shall prohibit the designation of ad hoc members from among persons not employed by the Department or its Foreign Service. § 7.3 Jurisdiction. The jurisdiction of the Board shall include appeals from decisions in the following cases: (a) Nationality cases. The Board shall consider and determine appeals under § 50.60 of this title. The Board may adopt and make public rules of procedure approved by the Secretary (Part 50, Subpart D of this title). (b) Passport cases. (1) The Board shall consider and determine appeals under § 51.90 of this title. The Board may adopt and make public rules of procedure approved by the Secretary (Part 51, Subpart F of this title). (2) The Board shall have responsibility for providing a regular or ad hoc member to act in the capacity of hearing officer under § 51.83 of this title. (c) Contract cases. The Board may, as directed by the Deputy Under Secretary for Administration, consider and determine appeals of contractors or grantees from final decisions of contracting officers arising under contracts or grants of the Department of State. This part shall not apply to contract appellate functions otherwise provided for in Department of State Procurement Regulations, 41 CFR Parts 6-60. (d) Personnel cases. (1) The Board shall have responsibility for providing a regular or ad hoc member to act in the capacity of hearing officer under section 1844.2, Volume 3, Foreign Affairs Manual (3 FAM 1844.2) in cases involving appeals from adverse decisions provided for in 3 FAM 1840. (2) The Board shall make available, upon request of the Board of the Foreign Service under 3 FAM 764.2, regular and ad hoc members of the Board for designation as panel members for the purpose of taking testimony and making findings in cases involving the separation for cause of a Foreign Service officer or employee. 10.735-410 Effect of employees' statements on other requirements. AUTHORITY: The provisions of this Part 10 issued under E.O. 11222, 30 F.R. 6469, 3 CFR, 1964-1965 Comp., page 301; 5 CFR 735.104. SOURCE: The provisions of this Part 10 contained in Dept. Reg. 108.599, 33 F.R. 18542, Dec. 13, 1968, unless otherwise noted. Subpart A-General Provisions § 10.735-101 Purpose. The maintenance of the highest standards of honesty, integrity, impartiality, and conduct by Government employees and special Government employees is essential to assure the proper performance of the Government business and the maintenance of confidence by citizens in their Government. The avoidance of misconduct and conflicts of interest on the part of Government employees and special Government employees through in (a) "Agency" means the Department of State (State), the U.S. Information Agency (USIA) and the Agency for International Development (AID). (b) "Employee" means an officer or employee at home or abroad, of an agency named in paragraph (a) of this section, but does not include a special Government employee or a member of the Army, Navy, Air Force, Marine Corps, Coast Guard, Environmental Sciences Services Administration, or Public Health Service. (c) "Executive order" means Executive Order 11222 of May 8, 1965. (d) "Person" means an individual, a corporation, a company, an association, a firm, a partnership, a society, a joint stock company, or any other organization or institution. (e) "Special Government employee" means an officer or employee of an agency who is retained, designated, appointed, or employed to perform, with or without compensation, for not to exceed 130 days during any period of 365 consecutive days, temporary duties either on a full-time or intermittent basis. (f) "Member of an employee's family" means a spouse, minor child, or other member of an employee's immediate household. For the purpose of these regulations "member of an employee's immediate household" means those blood relations who are residents of the employee's household. (g) "Counselor" means the agency's Counselor on Ethical Conduct and Conflicts of Interest. § 10.735-103 Interpretation and advisory service. (a) Counseling services on employee responsibilities and conduct are available in each agency. These services are to be coordinated by a Counselor appointed by the agency head. The Counselors are for State-the Legal Adviser; for USIA— the General Counsel; and for AID-the Deputy General Counsel. The Counselor serves as the agency's designee to the Civil Service Commission on matters covered by the regulations in this part and is responsible for coordination of the agency's counseling services under paragraph (b) of this section and for assuring that counseling and interpretations on questions of conflicts of interest and other matters covered by these sections are available to deputy counselors designated under paragraph (b) of this section. (b) Each agency head may designate deputy counselors for the agency's employees and special Government employees. Deputy Counselors designated under this section must be qualified and in a position to give authoritative advice and guidance to each employee and special Government employee who seeks advice and guidance on questions of conflicts of interest and on other matters covered by the regulations in this part. A Washington employee or special Government employee should address any inquiries concerning the regulations in this part to the Counselor. At missions abroad the chief of each agency's establishment designates an officer, preferably the legal officer where one is available, to provide counseling services under the guidance of the Counselor; a single officer may serve all agencies. An employee or special Government employee serving abroad should submit his inquiries to the officer designated. (c) Each agency shall periodically notify its employees and special Government employees of the availability of counseling services and how and when these services are available. A new employee or special Government employee shall be notified at the time of his entrance on duty. § 10.735-104 Applicability to detailed employees. All the regulations of Subparts A, B, and D of this part are applicable to an employee of another U.S. Government agency who may be serving on detail or assignment, formally or informally, on a reimbursable or nonreimbursable basis through a Participating Agency Service Agreement or otherwise, with an agency named in § 10.735–102(a). However, disciplinary action shall be taken against such an employee only by his employing agency. A violation of the regulations in this part by an employee or special Government employee may be cause for appropriate disciplinary action which may be in addition to any penalty prescribed by law. Subpart B-Ethical and Other Conduct and Responsibilities of Employees § 10.735–201 General. (a) Proscribed actions. An employee shall avoid any action, whether or not specifically prohibited by the regulations in this part, which might result in, or create the appearance of: (1) Using public office for private gain; (2) Giving preferential treatment to any person; (3) Impeding Government efficiency or economy; (4) Losing partiality; independence or im (5) Making a Government decision outside official channels; or (6) Affecting adversely the confidence of the public in the integrity of the Government. (b) Applicability to members of families of employees. A U.S. citizen employee shall take care that certain responsibilities placed on him are also observed by members of his family. These are the restrictions in regard to: Acceptance of gifts (§§ 10.735-202 and 10.735-203); economic and financial activities abroad (§ 10.735-206); teaching, lecturing, and writing (§ 10.735–204(c)); participation in activities of private organizations (§ 10.735-211(c)); and political activities abroad (§ 10.735–211(g)). § 10.735-202 Gifts, entertainment, and favors. (a) Acceptance prohibited. Except as provided in paragraphs (b), (c), and (d) of this section, an employee shall not solicit or accept, directly or indirectly, any gift, gratuity, favor, entertainment, loan, or any other thing of monetary value, from a person who: (1) Has, or is seeking to obtain, contractual or other business or financial relations with his agency; (2) Conducts operations or activities that are regulated by his agency; (3) Has interests that may be substantially affected by the performance or nonperformance of his official duty; or (4) Appears to be offering the gift with the hope or expectation of obtaining |