COMDTINST 5370.9B
(2) Afford the filer an opportunity for personal consultation, if practicable;
(3) Determine what remedial action should be taken; and,
(4) Notify the filer in writing of the remedial action which is needed, and that such action must
be taken within 3 months of notification.
i. Remedial Action. The Reviewing Official shall consider both the interests of the filer and the
needs of the service and require the least burdensome remedial action adequate to resolve the
conflict of interest or potential conflict of interest. The filer shall take remedial action within 3
months of notification, except in unusual circumstances, which must be fully documented to the
satisfaction of the Reviewing Official. The filer shall document that the remedial action has
been taken, as directed by the Reviewing Official. If the filer complies with the remedial action
recommended by the Reviewing Official, the Reviewing Official shall indicate in the comment
section of the CFDR the remedial action taken. The Reviewing Official shall then sign and date
the report. Remedial actions include:
(1) Divestiture of the conflicting interest;
(2) Preparation of a written statement of recusal/disqualification, see Enclosure (4);
(3) Establishment of a qualified blind or diversified trust under the Reform Act and 5 C.F.R.
Part 2634, Subpart D;
(4) Voluntary transfer, reassignment, limitation of duties, or resignation of filer;
(5) Resignation from a position with a non-Federal business or other entity;
(6) Obtaining a waiver under 18 U.S.C. 208; or,
(7) Restitution.
j. Confidentiality. The information provided by filers on a CFDR is not subject to public release
under the provisions of 5 U.S.C. App. 4 107. Therefore, CFDRs and the information they
contain are exempt from being released to the public under exemption (b)(3) of the Freedom
of Information Act (FOIA), 5 U.S.C. 552. CFDRs may contain sensitive commercial and
financial information, as well as personal and private information, and thus may also be
exempt from disclosure under exemptions (b)(4) and (b)(6) of the FOIA. CFDRs will be
maintained by the Reviewing Official or designee in accordance with the Privacy Act,
5 U.S.C. 552a, as required by the Freedom of Information and Privacy Acts Manual,
COMDTINST M5260.3 (series); and the Information and Life Cycle Management Manual,
COMDTINST M2512.12 (series), for a period of six years (per 5 C.F.R. 2634.604), then
must be destroyed. The CFDRs should be locked in a filing cabinet for safekeeping. Coast
Guard personnel shall not publicly release the CFDRs or the information that the reports
contain except pursuant to an order issued by a Federal court, or as provided by the Privacy
Act and OGE/GOVT-2 Government-wide executive branch Privacy Act system of records.
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