Single Source of Guidance. This Regulation provides a single source of standards of ethical conduct and ethics guidance, including direction in the areas of financial and employment disclosure systems, post-employment rules, enforcement, and training. A violation of this Regulation does not create any right or benefit, substantive or procedural, enforceable at law by any person against the U. Administrative Officer.
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Single Source of Guidance. This Regulation provides a single source of standards of ethical conduct and ethics guidance, including direction in the areas of financial and employment disclosure systems, post-employment rules, enforcement, and training. A violation of this Regulation does not create any right or benefit, substantive or procedural, enforceable at law by any person against the U. Administrative Officer. The individual responsible for the administrative control of personnel within a unit or office, including assistance with training, travel, or personnel actions for individuals of the unit or office.
Agency Designee. Except in remote locations, the Agency Designee may act only after consultation with his local Ethics Counselor. For any military officer in grade or above who is in command and any civilian Presidential appointee confirmed by the Senate, the Agency Designee is his Ethics Counselor. DAEO or Designee. Defense Contractor. Any individual, firm, corporation, partnership, association, or other legal non-Federal entity that enters into a contract directly with DoD or a DoD Component to furnish services, supplies, or both, including construction.
Subcontractors are excluded. Foreign governments or representatives of foreign governments that are engaged in selling to DoD or a DoD Component are defense contractors when acting in that context. DoD Component. DoD Employee a. Any DoD civilian officer or employee including special Government employees of any DoD Component including any non-appropriated fund activity.
Any active duty Regular or Reserve military officer, including warrant officers. DoD Any Reserve or National Guard member while performing official duties or functions under the authority of either title 10 or title 32, United States Code, or while engaged in any activity related to the performance of such duties or functions, including any time the member uses his Reserve or National Guard of the United States title or position, or any authority derived there from.
Any faculty member in a civil service position or hired pursuant to title 10, United States Code, and any student including a cadet or midshipman of an academy, college, university, or school of DoD.
Consistent with labor agreements and international treaties and agreements, and host country laws, any foreign national working for a DoD Component except those hired pursuant to a defense contract. See 5 C. Ethics Counselor. Legal assistance officers or equivalent who also serves as Ethics Counselors must clearly separate these roles.
Communications received in an Ethics Counselor capacity are not protected by the attorney-client privilege while communications received in a legal assistance capacity may be. Attorneys who serve as Ethics Counselors must advise individuals being counseled as to the status of that privilege prior to any communications.
Former DoD Employee. Any individual defined in subsection of this Regulation, above, after termination of active duty or termination of on DoD service, including Reserve military officers who served on active duty for more than days and who are no longer on active duty, or who are in an inactive or retired status.
Gifts as defined in 5 C. He, His, Him, Himself. These pronouns include she, hers, her, and herself. This section will be deleted in future reissuance of this Regulation. A commander, commanding officer, or other military or civilian DoD employee who exercises command authority within a DoD Component. For the purposes of subsections Non-Federal Entity.
A non-Federal entity is generally a self-sustaining, non-Federal person or organization, established, operated and controlled by any individual s acting outside the scope of any official capacity as officers, employees or agents of the Federal Government. A non-Federal entity may operate on DoD installations if approved by the installation commander or higher authority under applicable regulations.
Non-Public Information. The term "non-public information" includes "inside information," "proprietary information," and "source selection information. Office of Government Ethics. The Federal Government agency responsible for overall direction and leadership concerning Executive Branch policies related to ethics in the Federal Government. Personal and Substantial. Personal Commercial Solicitation. Any effort to contact an individual to conduct or transact matters involving unofficial business, finance, or commerce.
This does not include off-duty employment of DoD employees employed in retail establishments. See DoD Directive Instruction Prohibited Source. Qualified Individual. Reserve Military Officer. An individual who currently holds an appointment in the Reserve of a Military Department, or is a military officer of the National Guard with Federal Government recognition.
Retired Military Officer. Any military officer entitled to receive military retired pay, even though such pay may be waived or pending. Senior DoD Official. See 18 U. Special Government Employee. See the definition at 18 U. It does not include enlisted members; however, for the purposes of this Regulation, enlisted members shall be considered special Government employees to the same extent that military officers are included in the meaning of the term.
Title 32 National Guard Member. National Guard members performing military training or other duties under title 32, United States Code, Reference l. Travel Benefits. Travel related gifts, including in kind subsistence and accommodations and payments or reimbursements of expenses, from non-Federal sources. DoD Policy. It is DoD policy that: a. A single, uniform source of standards of ethical conduct and ethics guidance shall be maintained within DoD, and each DoD Agency shall implement and administer a comprehensive ethics program to ensure compliance with such standards and guidance; b.
The following exception applies: 1 Certain criminal statutes, 18 U. Provisions similar to those of sections and DoD DoD employees shall become familiar with all ethics provisions, including the standards set out in E.
DoD employees shall become familiar with the scope of and authority for the official activities for which they are responsible. Sound judgment must be exercised. All DoD employees must be prepared to account fully for the manner in which that judgment has been exercised; e. Individual conduct, official programs and daily activities within DoD shall be accomplished lawfully and ethically; g. DoD employees shall adhere strictly to DoD policy of equal opportunity, regardless of race, color, religion, gender, age, national origin, or handicap, in accordance with applicable laws and regulations.
The Head of each DoD Component shall: a. Be responsible for the implementation and administration of all aspects of the DoD Component ethics program and manage and oversee local implementation and administration of all matters relating to ethics covered by this Regulation.
Ensure that ethics advice and facts relied upon for such advice is in writing, when practicable; d. Ensure that written opinions regarding the applicability of 41 U. Be responsible for the implementation and administration of ethics and procurement integrity training and ensure that necessary resources are available to accomplish such training; g. Provide periodic ethics and procurement integrity training for Ethics Counselors; h. Certify Qualified Individuals to conduct ethics training; i.
Assist Agency Designees, through the chain of command or supervision, in initiating prompt, effective action to evaluate and process violations, potential violations, and appearances of violations of ethics laws or regulations, in accordance with applicable procedures as discussed in Chapter 10 of this Regulation; j.
The Head of each DoD Component command or organization shall: a. Ensure the prompt resolution of any actual or apparent conflict of interest involving a DoD employee of the command or organization; e. Direct Administrative Officers or equivalent of the command or organization to ensure that the position descriptions of the DoD Component command or organization indicate if financial disclosure report filing, annual ethics training or procurement integrity training is required and ensure the accuracy of personnel data provided by the Director of the DoD Component personnel office on DoD employees of the command or organization; f.
Direct Administrative Officers or equivalent of the command or organization to coordinate with the DoD Component DAEO or designee to develop lists of all DoD employees of the command or organization who are required to receive ethics and procurement integrity training, schedule such training, annotate such lists to indicate when required training was accomplished and retain annotated lists for three years; g.
Ensure that DoD employees of the command or organization attend required ethics and procurement integrity training. Support all aspects of the ethics program of the DoD Component; c. Provide legal guidance and assistance to Ethics Counselors under his supervision; b.
Support all aspects of the ethics program of the Military Department. Have the authority to incorporate changes to Government-wide regulations that are reprinted in this Regulation without formal coordination. Each Agency Designee shall: a. In accordance with subsections and of this Regulation, provide prior approval or disapproval of outside activities by DoD employees under his responsibility; b. Receive and appropriately process reports of suspected violations of ethics statutes or regulations and possible conflicts of interest; c.
Receive and appropriately process reports of non-compliance with the filing requirements of Chapter 7 of this Regulation; d. Perform all the other duties of an Agency Designee established in this Regulation and in 5 C. Annually determine those positions under his responsibility that require the filing of SF OGE Form , and annual ethics and procurement integrity training. Manage the DoD EOC and call periodic meetings to consider current issues in ethics and standards of conduct; b.
Coordinate DoD Component ethics programs, including providing uniform guidance and training material; c. Collect and publish important written opinions from DoD Components, when practicable, to promote uniformity of ethics opinions throughout DoD; d. Monitor and assist DoD Component DAEOs in ensuring effective corrective action is taken to remedy violations, potential violations and the appearance of violations of ethics laws or this Regulation; e.
Laws and Regulations (Ethics Officials)
JoJozahn DOD Subject to the provisions of subsection of this Regulation, below, and in accordance with public affairs regulations and 31 U. DoD employees are required to accept responsibility for their decisions and the resulting consequences. The long term problems koint unethical solutions will not be worth the short term advantages. This section will be deleted in future reissuance of this Regulation. Government Ethics Pending the approval of the waiver, the DoD employee shall be disqualified from participation in the particular matter that will have an effect on the financial interest; d. In
DOD 5500.7-R JOINT ETHICS REGULATION PDF
DOD 5500.7-R (Joint Ethics)