Question

When a gift of greater than minimal value is tendered, the donor shall be advised that statutory provisions and DoD policy prohibit DoD personnel from accepting such gifts, unless it appears that refusal may offend or embarass the donor, or could adversely affect U.S. foreign relations. Under such circumstances, the gift may be accepted on behalf of the United States. The gift then becomes the property of the United States and shall be deposited with the DoD employing component, or disposition by the General Services Administration (GSA)?

Answer 1

DoD personnel must inform donors of limitations on accepting gifts, and in certain circumstances, may accept gifts on behalf of the United States, preventing conflict of interest and ensuring compliance with the Emoluments Clause.

Step-by-step explanation:

When Department of Defense (DoD) personnel are tendered a gift of greater value than permitted by policy, they are instructed to inform the donor of the legal and policy restrictions against acceptance. Unless rejection of the gift might offend the donor or harm US foreign relations, these gifts cannot be personally accepted. In situations where refusal of a gift would lead to these negative consequences, the gift may be accepted on behalf of the United States.

Upon acceptance, the gift does not become the personal property of the individual, but rather is considered property of the United States government. The gift should then be turned over to the appropriate DoD component, or may be handled through disposition by the General Services Administration (GSA), as per regulations that aim to prevent conflicts of interest and uphold the integrity of federal officials. The underlying legal framework includes constitutional provisions such as the Emoluments Clause, which prohibits federal officeholders from receiving titles, gifts, or emoluments from foreign states without congressional consent.