41 C.F.R. Subpart B—Utilization of Foreign Gifts and Decorations


Title 41 - Public Contracts and Property Management


Title 41: Public Contracts and Property Management
PART 102–42—UTILIZATION, DONATION, AND DISPOSAL OF FOREIGN GIFTS AND DECORATIONS

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Subpart B—Utilization of Foreign Gifts and Decorations

§ 102-42.80   To whom do “we”, “you”, and their variants refer?

Use of pronouns “we”, “you”, and their variants throughout this subpart refers to the employing agency.

§ 102-42.85   What gifts or decorations must we report to GSA?

You must report to GSA gifts of more than minimal value, except for monetary gifts that have no historic or numismatic value (see §102–42.20), or decorations the employee is not authorized to retain that are:

(a) Not being retained for official use or have not been returned to the donor; or

(b) Received by a Senator or a Senate employee and not disposed of by the Commission on Art and Antiquities of the United States Senate.

§ 102-42.90   What is the requirement for reporting gifts or decorations that were retained for official use but are no longer needed?

Non-monetary gifts or decorations that were retained for official use must be reported to GSA as excess property within 30 days after termination of the official use.

§ 102-42.95   How do we report gifts and decorations as excess personal property?

You must complete a Standard Form (SF) 120, Report of Excess Personal Property, and send it to the General Services Administration, Property Management Division (FBP), Washington, DC 20406. Conspicuously mark the SF 120, “FOREIGN GIFTS AND/OR DECORATIONS”, and include the following information:

------------------------------------------------------------------------               Entry                             Description------------------------------------------------------------------------(a) Identity of Employee..........  Give the name and position of the                                     employee.------------------------------------------------------------------------(b) Description of Item...........  Give a full description of the gift                                     or decoration, including the title                                     of the decoration.------------------------------------------------------------------------(c) Identity of Foreign Government  Give the identity of the foreign                                     government (if known) and the name                                     and position of the individual who                                     presented the gift or decoration.------------------------------------------------------------------------(d) Date of Acceptance............  Give the date the gift or decoration                                     was accepted by the employee.------------------------------------------------------------------------(e) Appraised Value...............  Give the appraised value in United                                     States dollars of the gift or                                     decoration, including the cost of                                     the appraisal. (The employing                                     agency must obtain a commercial                                     appraisal before the gift is                                     offered for sale to the employee.)------------------------------------------------------------------------(f) Current Location of Item......  Give the current location of the                                     gift or decoration.------------------------------------------------------------------------(g) Employing Agency Contact        Give the name, address, and Person.                             telephone number of the accountable                                     official in the employing agency.------------------------------------------------------------------------(h) Purchase Interest or Donation   Indicate whether the employee wants Recommendation.                     to buy the gift, or whether the                                     employee wants the gift or                                     decoration donated to an eligible                                     donee through GSA's surplus                                     donation program. Document this                                     interest in a letter outlining any                                     special significance of the gift or                                     decoration to the proposed donee.                                     Also provide the mailing address                                     and telephone number of both the                                     employee and the proposed donee.------------------------------------------------------------------------(i) Administration................  Give the Administration in which the                                     gift or decoration was received                                     (for example, Clinton                                     Administration).------------------------------------------------------------------------(j) Multiple Items................  Identify each gift or decoration as                                     a separate line item. Report                                     multiple gift items that make up a                                     set (for example, a tea set, a                                     necklace and matching earrings) as                                     a single line item.------------------------------------------------------------------------

§ 102-42.100   How can we obtain an excess gift or decoration from another agency?

To obtain an excess gift or decoration from another agency, you would complete a Standard Form (SF) 122, Transfer Order Excess Personal Property, or any other transfer order form approved by GSA, for the desired item(s) and submit the form to the General Services Administration, Property Management Division (FBP), Washington, DC 20406.

§ 102-42.105   What special information must be included on the SF 122?

Conspicuously mark the SF 122, “FOREIGN GIFTS AND/OR DECORATIONS”, and include all information furnished by the employing agency as specified in §102–42.95. Also, include on the form the following statement: “At such time as these items are no longer required, they will be reported to the General Services Administration, Property Management Division (FBP), Washington, DC 20406, and will be identified as foreign gift items and cross-referenced to this transfer order number.”

§ 102-42.110   How must we justify a transfer request?

You may only request excess gifts and decorations for public display or other bona fide agency use and not for the personal benefit of any individual. GSA may require that transfer orders be supported by justifications for the intended display or official use of requested gifts and decorations. Jewelry and watches that are transferred for official display must be displayed with adequate provisions for security.

§ 102-42.115   What must we do when the transferred gifts and decorations are no longer required for official use?

When transferred gifts and decorations are no longer required for official use, report these gifts and decorations to the GSA as excess property on a SF 120, including the original transfer order number or a copy of the original transfer order.

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