COMDTINST 5760.14
governs gifts offered to individuals. Depending upon the nature of the gift and the purpose for
which it is intended, gifts to the Coast Guard may be accepted where delegated authority exists.
The rules for delegation of authority governing acceptance of gifts generally apply to donations
through bequests and devises as well. Coast Guard personnel are prohibited from soliciting
gifts.
5. DEFINITIONS.
a.
Coast Guard Personnel. For purposes of this Instruction, the term "Coast Guard personnel"
includes all uniformed members of the Coast Guard Regular Component; all appropriated
and non-appropriated fund civilian employees; all Special Government Employees; all
uniformed members of the Coast Guard Reserve Component while on inactive or active
duty training and while earning retirement points pursuant to Title 10, U.S.C.; all Auxiliary
members when under orders; all uniformed members of the Public Health Service (PHS)
and Department of Defense (DOD) Regular Component assigned or detailed to the Coast
Guard for 30 days or more; Coast Guard Academy cadets; and any expert or consultant
who is under contract with the Coast Guard pursuant to 5 U.S.C. 3109.
b.
Gift. A gift is the gratuitous, voluntary transfer of ownership in property or the gratuitous
provision of a service without consideration or compensation. Said another way, a gift is
anything not paid for by the recipient that has a monetary value, including, but not limited
to, such items as cash, negotiable instruments, securities, endowments, scholarships,
personal property, real property and services.
c.
Prohibited Source.
(1)
As a general rule, a prohibited source is any person, company, organization or
non-federal governmental entity that: is doing business with the Coast Guard; is
seeking business with the Coast Guard; is conducting activities that are regulated
by the Coast Guard; has interests that might be substantially affected by Coast
Guard personnel performing or not performing their duty; or, is an organization or
association having a majority of members that meet one or more of the above
criteria. However, recreational boaters, although technically regulated by the
Coast Guard, are exempted as a class from prohibited source rules for purposes of
this instruction. Additionally, attorneys who devote less than a majority of their
time to representing (or lobbying for) the maritime industry and who also derive
less than a majority of their personal income from representing (or lobbying for)
the maritime industry (either directly or through members of the firm) are also
exempted as a class from prohibited source rules for purposes of this instruction.
(2)
If the salaried Chief Executive Officer or volunteer Chief Executive Officer, or
equivalent, in the organization is a prohibited source or is an officer, employee, or
representative of a prohibited source, the organization is deemed to be a prohibited
source.
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