Reading Room Document

Gifts Received on Official Travel

Gifts given to United States employees by a Japanese government agency may be retained consistent with 5 U.S.C. § 7342 and implementing regulations if the items are worth less than $140. More valuable gifts must be deposited with the employing agency. Gifts from private Japanese organizations are governed by 19 U.S.C. § 209(a). That statute, as consistently construed by the Department of Justice, makes it a crime to receive items of any value given as additional compensation for performing government service. The gifts from private Japanese organizations appear to have been given as a result of the federal employee's official duties, and may not be accepted under § 209(a), and pursuant to the statute, must be returned to their donors. In addition, Department of Justice conflict-of-interest regulations would independently prohibit acceptance of these gifts if the donors have litigation or financial business with the Department. The OLC does not provide release dates for its opinions, so the release date listed is the date on which the opinion was authored. The original opinion is available at www.justice.gov/file/23636/download.

June 15, 1984