Exceptions.

5 C.F.R. § 2635.304
in effectEffective: 2024-07-01
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The prohibitions set forth in § 2635.302(a) and (b) do not apply to a gift given or accepted under the circumstances described in paragraph (a) or (b) of this section. A contribution or the solicitation of a contribution that would otherwise violate the prohibitions set forth in § 2635.302(a) and (b) may only be made in accordance with paragraph (c) of this section. (a) General exceptions. On an occasional basis, including any occasion on which gifts are traditionally given or exchanged, the following may be given to an official superior or accepted from a subordinate or other employee receiving less pay: (1) Items, other than cash, with an aggregate market value of $10 or less per occasion; (2) Items such as food and refreshments to be shared in the office among several employees; (3) Personal hospitality provided at a residence which is of a type and value customarily provided by the employee to personal friends; (4) Items given in connection with the receipt of personal hospitality if of a type and value customarily given on such occasions; and (5) Leave transferred under subpart I of part 630 of this title to an employee who is not an immediate supervisor, unless obtained in violation of § 630.912 of this title. (b) Special, infrequent occasions. A gift appropriate to the occasion may be given to an official superior or accepted from a subordinate or other employee receiving less pay: (1) In recognition of infrequently occurring occasions of personal significance such as marriage, illness, or the birth or adoption of a child; or (2) Upon occasions that terminate a subordinate-official superior relationship, such as retirement, resignation, or transfer. (c) Voluntary contributions. An employee may solicit voluntary contributions of nominal amounts from fellow employees for an appropriate gift to an official superior and an employee may make a voluntary contribution of a nominal amount to an appropriate gift to an official superior: (1) On a special, infrequent occasion as described in paragraph (b) of this section; or (2) On an occasional basis, for items such as food and refreshments to be shared in the office among several employees. An employee may accept such gifts to which a subordinate or other employee receiving less pay than himself has contributed.

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