Department of Justice by the General Counsel of the Agency or his designee. § 604.10 Investigation and examination.

The Agency may request any other Federal agency to investigate a claim filed under section 2672 of the Act, or to conduct a physical or mental examination of the claimant and provide a report of such examination.

§ 604.11 Limitations.

(a) Pursuant to the provisions of section 2401(b) of title 28 of the United States Code, a tort claim against the United States shall be forever barred unless presented in writing to the Agency within two (2) years after such claim accrues.

(b) A suit may not be filed until the claim shall have been finally denied by the Agency. Failure of the Agency to make final disposition of the claim within six (6) months after it has been presented shall, at the option of the claimant any time thereafter, be deemed a final denial of the claim for purposes of the Act and of this part.

(c) A suit shall not be filed for a sum greater than the amount of the claim presented to the Agency, except where the increased amount is based upon newly discovered evidence not reasonable discoverable at the time of presenting the claim to the Agency, or upon allegation and proof of intervening facts, relating to amount of the claim.

The claim and all other papers requiring the signature of the claimant shall be signed by the claimant personally or, where appropriate, by a duly authorized agent or legal representative. § 604.13 Penalties.

Section 287 of title 18, United States Code, imposes a fine of not more than $10,000 and imprisonment for not more than 5 years, or both, for presenting false claims against the Government. Section 1001 of title 18, United States Code, imposes a fine of $10,000 and imprisonment for not more than 5 years, or both, for making or using false, fictitious, or fraudulent statements or representations in connection with a claim against the Government. Under section 231 of title 31, United States Code, a civil penalty of forfeiture of $2,000 plus double the amount of damages sustained by the United States (together with the

§ 604.15

Disclosure of information. Unless otherwise authorized by law or this part, no copy of the contents of any claim file within the control of the Agency shall be furnished to any person except in the course of duty to other Federal agencies.

§ 604.16 Final denial of claim.

Final denial of an administrative claim shall be made by the General Counsel, or his designee, in writing and sent to the claimant, his attorney, or legal representative by certified or registered mail. The notification of final denial may include a statement of the reasons for the denial and shall include a statement that, if the claimant is dissatisfied with the Agency action, he may file suit in an appropriate U.S. District Court not later than 6 months after the date of mailing of the notification.

§ 604.17 Action on approved claims.

(a) Payment of a claim approved under this part is contingent on claimant's execution of (1) a "Claim for Damage or Injury", Standard Form 95, (2) a claims settlement agreement, and (3) a "Voucher for Payment", Standard Form 1145, as appropriate. When a claimant is represented by an attorney, the voucher shall designate both the claimant and his attorney as payees, and the check shall be delivered to the attorney whose address shall appear on the voucher.

(b) Acceptance by the claimant, his agent, or legal representative, of an award, compromise, or settlement made under section 2672 or 2677 of the Act, is final and conclusive on the claimant, his agent or legal representative, and any other person on whose behalf or for whose benefit the claim has been presented, and constitutes a complete release of any claim against the United States and against any employee of the Government whose act or omission gave rise to the claim, by reason of the same subject matter.

730.735-107 Outside employment and other activity.

em

730.735-108 Specific provisions applicable to special Government ployees of the Corporation. 730.735-109 Statements of employment and financial interests.

730.735-110 Supplementary statements.

AUTHORITY: The provisions of this Part 730 issued under Executive Order 11222, 30 F.R. 6469; 3 CFR, 1964-1965 Comp., p. 306; 5 CFR Part 735.

SOURCE: The provisions of this Part 730 appear at 36 F.R. 4698, Mar. 11, 1971, unless otherwise noted,

§ 730.735-101 Adoption of regulations.

Pursuant to 5 CFR 735.104(f), the Overseas Private Investment Corporation (referred to hereinafter as the Corporation) hereby adopts the following sections of Part 735 of Title 5, Code of Federal Regulations: §§ 735.101, 735.102, 735.201a, 735.202 (a), (d), (e), (f), 735.203, 735.204, 735.205, 735.206, 735.207, 735.208, 735.209, 735.210, 735.302, 735.303 (a), 735.304, 735.305(a), 735.403(a), 735.404, 735.405, 735.407-.411, 735.412 (b)

and (d). These adopted sections are modified and supplemented as set forth in this part.

§ 730.735-102

Notice to employees.

Each employee, at time of entrance on duty and also at the time of the annual performance rating, shall receive a copy of this part, together with a copy of Part 735 of Title 5, Code of Federal Regulations.

§ 730.735-103

Counseling service.

The Deputy General Counsel is designated as the Counselor on Ethical Conduct and Conflicts of Interest.

§ 730.735-104 Review of statements of employment and financial interests. Each statement of employment and financial interests submitted under this Part shall be reviewed by the Deputy General Counsel. When this review indicates a conflict between the interests of an employee or special Government employee of the Corporation and the performance of his services for the Government, the Deputy General Counsel shall have the indicated conflict brought to the attention of the employee or special Government employee, grant the employee or special Government employee an opportunity to explain the indicated conflict, and attempt to resolve the indicated conflict. If the indicated conflict cannot be resolved, the Deputy General Counsel shall forward a written report on the indicated conflict to the Corporate President.

§ 730.735-105 Disciplinary and other remedial action.

An employee or special Government employee of the Corporation who violates any of the regulations in this Part or adopted under § 730.735-101 may be disciplined. The disciplinary action may be in addition to any penalty prescribed by law for the violation. In addition to or in lieu of disciplinary action, remedial action to end conflicts or appearance of conflicts of interest may include but is not limited to:

(a) Changes in assigned duties;

(b) Divestment by the employee or special Government employee of his conflicting interest; or

(c) Disqualification for a particular assignment.

§ 730.735-106 Gifts, entertainment, and favors.

The Corporation authorizes the exceptions to 5 CFR 735.202(a) set forth in 5 CFR 735.202(b) (1)-(4), and, in addition, authorizes the following exception: Acceptance of gifts and decorations from foreign governments, i.e., table favors, mementos, remembrances, or other tokens bestowed at official functions, and other gifts which have a retail value not in excess of $50 in the United States, received as souvenirs or marks of courtesy from a foreign government. If a gift of more than minimal value, as described above, is offered, and the refusal of such a gift would be likely to cause offense or embarrassment to the donor, or would adversely affect the foreign relations of the United States, the Corporate President or his designee may permit the employee to accept the gift for disposal in accordance with the guidelines developed for such circumstances by the Secretary of State. § 730.735-107 Outside employment and other activity.

(a) A Corporation employee may engage in outside employment or other outside activity not incompatible with the full and proper discharge of the duties and responsibilities of his Government employment. An employee who engages in outside employment shall report that fact in writing to his supervisor, preferably prior to performance of the outside employment, but in any event no later than 7 calendar days after start of the outside employment.

(b) Employees may not discuss with persons or organizations outside the Government with whom they transact business, or with whom they may reasonably expect to transact corporate business, the possibility of their employment by such persons or organizations. This restriction applies to discussions with persons or organizations who have received invitations to submit contractual proposals or who are negotiating for contracts.

(c) Employees may not, on behalf of the Corporation, participate personally and substantially in the negotiation of contracts, the making of loans, or other financial transactions between the Corporation and any person or organization by whom they were employed within the 2 years prior to such participation.

(d) The restrictions set forth in paragraphs (a) and (b) of this section may be waived by the Corporate President. Waivers will be granted only in exceptional cases when clearly consistent with the interests of the Corporation and the Government.

§ 730.735-108 Special provision applicable to special Government employees of the Corporation.

(a) Special Government employees shall adhere to the standards of conduct applicable to employees as set forth in this part and adopted under § 730.735101.

(b) Special Government employees may teach, lecture, or write in a manner not inconsistent with 5 CFR 735.203(c).

(c) Pursuant to 5 CFR 735.305 (b), the Corporation authorizes the same exceptions concerning gifts, entertainment, and favors for special Government employees as are authorized for employees by 8 730.735-105.

§ 730.735-109 Statements of employment and financial interest.

(a) In addition to the employees required to submit statements of employment and financial interest under 5 CFR 735.403 (a), all special Government employees (including experts and consultants) and all Administratively Determined schedule (AD) appointees shall submit statements of employment and financial interest.

(b) Each statement of employment and financial interest required by this paragraph shall be submitted in a sealed

envelop to the Counselor on Ethical Conduct and Conflicts of Interest through the Personnel Officer.

(c) An employee who believes that his position has been improperly included in this paragraph as one requiring the submission of a statement of employment and financial interests may obtain a review of his complaint under the grievance procedures (A.I. 31-771).

(d) The head of each major organizational unit, or his designee, insures that all employees required to submit employment and financial interest statements receive copies of the reporting forms and file them within the prescribed times.

§ 730.735-110 Supplementary state

ments.

Notwithstanding the filing of the annual supplementary statement on June 30 of each year, required by 5 CFR 735.406, each employee shall at all times avoid acquiring a financial interest that could result, or taking an action that would result, in a violation of the conflicts-ofinterest provisions of section 208 of title 18, U.S.C., or the provisions in this part or adopted under § 730.735-101. An employee's supplementary statement may be filed by a signed memorandum reporting changes or "no change from (date) report."

411