Department of Defense

Employees’ Guide to the

Standards of Conduct

January 2013
i

Table of Contents

Page

Whom to Call for Advice.................................................................................. ii

General Principles of Public Service ................................................................ 1

Gifts................................................................................................................... 2

Gifts From Outside Sources ................................................................... 2

What’s a Prohibited Source? .......................................................... 2

What’s a Gift?................................................................................. 2

What’s Not a Gift?.......................................................................... 3

Gifts That You May Keep .............................................................. 3

Foreign Gifts................................................................................... 5

Disposition of Improper Gifts ........................................................ 5

Gifts Between Employees ...................................................................... 5

Conflicts of Interest........................................................................................... 6

Conflicting Financial Interests................................................................ 6

Bribery and Graft.................................................................................... 7

Commercial Dealings Between DoD Employees .................................. 7

Representation of Others in Matters Affecting Government ................. 7

Supplementation of Federal Salary......................................................... 7

Impartiality in Performing Official Duties ....................................................... 8

Misuse of Position............................................................................................. 8

Use of Government Resources.......................................................................... 9

Fundraising........................................................................................................ 9

Teaching, Speaking, and Writing...................................................................... 9

Outside Activities.............................................................................................. 10

Political Activities............................................................................................. 10

Employment Issues........................................................................................... 11

Official Travel Benefits .................................................................................... 11

Sources of Further Information......................................................................... 12
ii

Whom to Call for Advice

The DoD General Counsel is the Designated Agency Ethics Official (DAEO) for 

DoD employees, both civilian and military, who serve in the Office of the Secretary 

of Defense, DoD Field Activities, and the Joint Staff.

Please direct your ethics and standards of conduct questions to your local JAG 

Officer or Designed Agency Ethics Official (DAEO). Points of Contact for specific 

services are below:

Army: (703) 695-4296 or usarmy.pentagon.hqda-ogc.mbx.ef@mail.mil

Air Force: (703) 693-0417 or safgca.ethics@pentagon.af.mil

Navy & Marines: (703) 614-7433 or ethics@navy.mil

IMPORTANT ADVICE

If you’re not positive that what you’re about to do is appropriate, ask your 

ethics official. One of the missions of ethics officials is to advise personnel and 

assist them in accomplishing their goals without violating the standards of conduct.

In fact, disciplinary action for violating the standards of conduct will not be 

taken against you if you act in good faith reliance upon the advice of your ethics 

official, if you have made full disclosure of the relevant circumstances.

This Handbook provides a general summary of the rules. It does not include 

every exception, every requirement, or all the factors that must be considered in 

making certain decisions. If you are unsure of your actions, call your ethics official 

before you act.
1

Do

n’ts 

 Don’t use nonpublic information to

benefit yourself or anyone else.

Don’t solicit or accept gifts from 

persons or parties that do business 

with or seek official action from DoD 

(unless permitted by an exception).

 Don’t make unauthorized 

commitments or promises that bind 

the Government.

 Don’t use Federal property for

unauthorized purposes.

 Don’t take jobs or hold financial 

interests that conflict with your 

Government responsibilities.

 Don’t take actions that give the 

appearance that they are illegal or 

unethical.

GENERAL PRINCIPLES OF

PUBLIC SERVICE

Do

’s 

 Place loyalty to the Constitution, the 

laws, and ethical principles above 

private gain.

 Act impartially to all groups, persons, 

and organizations.

 Give an honest effort in the 

performance of your duties.

 Protect and conserve Federal 

property.

 Disclose waste, fraud, abuse, 

and corruption to appropriate 

authorities.

 Fulfill in good faith your obligations 

as a citizen, and pay your Federal, 

State, and local taxes.

 Comply with all laws providing equal 

opportunity to all persons, regardless 

of their race, color, religion, sex, 

national origin, age, or handicap.

Remember: Violating ethics principles may result in disciplinary or 

corrective action, including criminal prosecution. Protect yourself from 

disciplinary action by seeking the advice of your agency ethics official.
2

GIFTS

Gifts From Outside Sources

Rule: You may not accept a gift given:

 Because of your official position, or

 By a prohibited source

Regardless of any exceptions that allow accepting gifts, it is

always impermissible to:

 Accept a gift in return for being influenced in the 

performance of an official act. This is a bribe!

 Solicit or coerce the offering of a gift

 Accept gifts from the same or different sources so 

frequently that a reasonable person would think 

you’re using your office for private gain

 Accept a gift in violation of a statute

What’s a Prohibited Source?

A prohibited source is any person who is, or any organization 

a majority of whose members are:

 Seeking official action by DoD

 Doing or seeking to do business with DoD

 Regulated by DoD, or

 Substantially affected by the performance of your

official duties

What’s a Gift?

Anything of monetary value.

Patty, a DoD employee, 

meets informally every 

week with representatives 

of defense contractors, 

who customarily treat her 

to a small breakfast.

Although an exception 

might permit acceptance 

of these small breakfasts, 

Patty’s recurring practice 

of accepting them is 

improper.

Joe, a Computer.Com 

representative, is seeking to do 

business with DoD. He invites 

members of the acquisition 

department to a golf 

tournament, which his 

company will pay for.

DoD acquisitions personnel 

cannot accept the gift of free 

golf greens fees unless an 

exception to the gift rule 

applies, because 

Computer.Com, by seeking to 

do business with DoD, is a 

prohibited source.
3

What’s Not a Gift?

Here are examples of items that are not defined as “gifts”:

 Modest items of food and refreshments (like coffee 

and donuts) when not served as a meal

 Prizes in contests open to the public

 Greeting cards and items with little intrinsic value, 

such as plaques, certificates, and trophies, intended 

only for presentation

 Commercial discounts available to the public or to all

Government civilian or military personnel

 Anything the Government acquires by contract or 

otherwise legally accepts

 Anything for which you pay market value

Gifts That You May Keep

Remember, you don’t have to accept a gift. It may be smart, 

depending on the circumstances, to decline a gift, even when 

it is allowed by the exceptions below.

 Gifts valued at $20 or less, but

 not cash or investment interests

 not more than $50 in total from one source in a year

 Gifts motivated by personal relationships

 Certain discounts and similar benefits offered

 by professional organizations

 to groups unrelated to Government employment (such 

as AARP)

 to groups in which membership is related to 

Government employment, if the same benefits are 

available to other, similar organizations. (e.g.: 

discounted loans to Gov’t. credit union members.)

 by a non-prohibited source to any group as long as not 

discriminatory on basis of rank, type of responsibility, 

or pay.

 Gifts resulting from your or your spouse’s outside

business activities

You may accept cups of coffee 

offered by a contractor at no charge.

If you enter your business card in 

a drawing sponsored by a DoD 

contractor that is open to the 

public, you may keep the prize.

On each of his quarterly visits, a sales 

representative of Overpriced 

Computers Inc., gave Bonnie, a DoD 

employee, a company T-shirt, valued 

at $10 each. During that period, 

Bonnie’s brother Steve, who also

works for Overpriced Computers Inc., 

purchased for her a birthday present 

valued at $60.

Bonnie may keep all of the gifts given

to her. The T-shirts don’t exceed the

$50 annual limit from one source,

and the gift from her brother Steve is 

the result of a personal, not business, 

relationship.

Tom was offered two tickets valued 

at $30 each to a baseball game from 

an employee of a defense contractor.

Since the price of each ticket exceeds 

the $20 limit, Tom may only accept 

the tickets if he pays the contractor

$60 - the full market value of the 

tickets. (Paying only $40 is not 

permissible.)
4

 Free attendance provided by a state, local government, or 

tax exempt civic organization when there is a community 

relations interest

 Gifts accepted under specific statutory authority, such as 

certain gifts from a foreign government

 Certain educational scholarships and grants (consult a

DoD ethics official)

 Free attendance, food, and entertainment (not travel) when 

provided by a sponsor:

 of an event on the day that you are speaking or 

presenting information, or

 of a widely attended gathering, provided that your 

supervisor determines that your attendance is in the 

agency’s interest. (If the sponsor has interests that 

may be affected by you, an additional conflict of 

interest determination is required.)

 Free attendance, food, and entertainment (not travel) 

provided by a person other than the sponsor of a widely 

attended gathering, if:

 the market value of the gift of free attendance is $350 

or less and more than 100 persons are expected to 

attend, and

 your supervisor determines that your attendance is in 

the agency’s interest. (If the person has interests that 

may be affected by the employee, an additional 

conflict of interest determination is required.)

 Meals, lodging, transportation, and other benefits in 

connection with employment discussions

 Awards for meritorious public service or achievement, 

and honorary degrees – see your ethics counselor

 Travel benefits and free attendance from political 

organizations in connection with certain political activities

 Food and entertainment (not travel and lodging), at social 

events, if: (1) the invitation is not from a prohibited 

source, and (2) the event is free to all attendees.

On account of his DoD position, an 

arms trade association invites Jared, 

a DoD officer, to an industry-wide, 

one-day seminar sponsored by the 

association, a $200 value. He is also 

invited to dinner, which costs $100, 

at a restaurant - after the seminar -

with several industry executives.

Jared may accept the seminar 

invitation provided that his 

supervisor determines that his 

attendance furthers DoD interests.

Jared may not accept the free dinner 

invitation, which is not part of the 

seminar and is closed to other 

interested participants.

An annual dinner held by a veterans’ 

service organization costs $125 per 

person. Representatives from 

veterans’ groups, Congress, and the 

media will attend. Several DoD 

employees are given free tickets by 

Big Guns, Inc. At the dinner, a 

veteran will be honored.

Since it is a widely attended 

gathering, the DoD employee may be 

able to accept the free tickets if his

or her ethics official determines that 

more than 100 persons are expected 

to attend the event, and there is an 

agency interest in the DoD 

employee’s attendance.
5

 Gifts of food and entertainment (not to exceed the per 

diem rate) at meetings or events attended in an official 

capacity in foreign areas, when (1) not provided by a 

foreign government and (2) non-U.S. citizens participate 

in the meeting or event

Foreign Gifts

Rule: Federal employees may accept gifts from foreign 

governments if the gift is below the “minimal value” which, 

in January 2013, is $350. Check with your ethics counselor 

about appraising the gift or what the current threshold is.

Disposition of Improper Gifts

Rule: If you are offered a gift that you cannot accept, you 

should:

 Decline the gift

 Return the gift, or

 Pay the donor the gift’s market value

Subsequent reciprocity is not a solution

Under certain circumstances, perishable 

items may be:

 donated to charity

 destroyed

 shared within the office

Check with your ethics official.

Gifts Between Employees

Rule: You may not accept a gift from an employee who 

earns less than you (unless you have a personal relationship 

with the employee, and you are not in the chain of 

command)

Rule: You may not give, make a donation toward, or solicit 

a gift for someone superior to you in the chain of command.

Exceptions to the Rule

1. On an occasional basis, such as holidays or birthdays, 

you may give to a superior or receive from a 

subordinate:

 Non-monetary gifts of up to $10

Bill asks his four coworkers each to 

pitch in $20 to purchase a $100 golf 

putter for Doreen, their boss, for 

Christmas.

Doreen invites the office to a New

Year’s party, serving meals valued at

$25. Bill brings a $20 bottle of wine.

 Bill may not solicit, and he and his 

coworkers may not give, their boss 

a group gift or individual gifts at 

Christmas that exceed $10.

 The dinner and the wine are 

both appropriate.
6

 Personal hospitality provided at a residence

(or an appropriate host/hostess gift)

 Food or refreshments shared in the office

2. On special, infrequent occasions,

 of personal significance, such as marriage, illness, or 

birth or adoption of a child

 that terminate the chain of command, such as 

retirement, resignation, or transfer

you may

 solicit voluntary contributions up to $10/person for a 

group gift

 give an appropriate gift to a superior

 accept appropriate gifts and group gifts that do not 

exceed $300 from subordinates (See your ethics 

counselor for exceptions.)

CONFLICTS OF INTEREST

Conflicting Financial Interests

Criminal Rule: You may not do government work on a 

particular matter that will affect the financial interest of:

 You

 Your spouse

 Your minor children

 Your general partner

 Organizations with which you’re negotiating or have

arrangements for future employment, or

 Any organization for which you serve as an employee, 

officer, director, trustee, or general partner

If you think you may have a conflicting financial interest, 

consult your DoD ethics official immediately to determine the 

appropriate remedy.

Doreen decides to retire. Bill, who 

works for Doreen, gives her a $20 

book and again solicits for a goingaway gift. He would like to get her 

a golf-related desk set that costs 

about $50.

 Bill may give the $20 book, 

as it is an appropriate gift.

 Bill may also solicit for a gift 

and contribute toward the 

group gift.

 Bill has learned his lesson 

and does not suggest an 

amount to contribute.

Bryan, a DoD procurement officer, 

is about to award a contract for 

new computers. His wife, Deanna, 

owns a computer sales business, 

which has bid on the contract.

Bryan may not participate in the 

contract award decision, since the 

decision will affect his wife’s 

financial interests.
7

Bribery and Graft

Rule: You may not seek or accept anything of value, other 

than your salary, for being influenced in your official duties.

Commercial Dealings Between DoD Employees

Rule: You may not knowingly solicit or make solicited sales 

to personnel who are junior in rank, grade, or position (or 

their families). This includes insurance, stocks, real estate, 

cosmetics, household supplies, and other such goods and 

services.

Representation of Others in Matters Affecting

Government

Rule: You generally may not represent anyone outside the 

Government before a Federal agency or court, or share in any 

compensation for such representations made by anybody else, 

if the Government is involved in the particular matter.

• There are limited exceptions.

 There are special exceptions for consultants.

 Check with your ethics official.

Supplementation of Federal Salary

Rule: You may not accept compensation from any source 

except the Government for your services as a Government 

employee.

This rule does not apply, if:

 you are a “special Government employee” – i.e., a 

consultant, or

 you serve without compensation, or

 your supplementation is a result of a public service 

award

Sue is a supervisor at DoD. After 

hours, she operates a cosmetics 

sales business out of her home.

She may not make solicited sales to 

her DoD subordinates on the 

jobsite - or after work by calling 

them at home.
8

IMPARTIALITY IN PERFORMING

OFFICIAL DUTIES

Rule: Maintain your impartiality. Don’t participate in any

particular DoD matter if:

 the matter is likely to affect the financial interest of 

a member of your household, or a person with 

whom you have a “covered relationship” is 

involved in the matter, and

 a reasonable person with knowledge of the 

relevant facts could question your impartiality.

Who may be in a “covered relationship”?

 A member of your household or a relative with

whom you’re close,

 Someone with whom you have or seek to have a 

business relationship, other than a routine 

consumer transaction,

 An organization (other than a political party) in 

which you actively participate,

 Someone with whom you had, within the last year, 

a close business relationship, such as partnership

or employment, or

 Someone with whom your spouse, parent, or 

dependent child has (or seeks to have) a close 

business relationship, such as partnership or 

employment.

MISUSE OF POSITION

Rule: You may not use, or permit the use of, your 

Government position, title, or any authority associated with 

your office:

 To induce or coerce another person to provide any 

benefit to you or anyone with whom you are 

affiliated

A senior VP from Blatz Corp. 

recently resigned from Blatz to 

become a senior official in DoD. 

Shortly after his arrival, the 

official’s office is tasked to decide 

whether or not to renew Blatz’s 

contract with DoD.

Because the senior official was 

employed by Blatz within the last 

year, he may not make the decision.

The General Counsel has been asked 

by his college to serve on the Alumni 

Association.

He may serve in his personal 

capacity, but may not allow his 

position as General Counsel to be 

used on the college letterhead or 

other promotional literature.
9

 To imply that DoD or the Government endorses 

personal activities

 To endorse any product, service, or enterprise, 

except as provided by statute or regulation

USE OF GOVERNMENT RESOURCES

Rule: Use Federal Government equipment and property, 

including communications systems, only for official purposes 

or authorized purposes as approved by your supervisor.

Rule: Use official time in an honest effort to perform official 

duties, and don’t ask subordinates to perform tasks outside 

their official duties.

FUNDRAISING

Rule: You may raise funds for organizations in your personal 

capacity, but you may not use your official title, position, or 

authority to fundraise, nor may you solicit subordinates or 

prohibited sources.

TEACHING, SPEAKING, AND

WRITING

Rule: You may accept payment for teaching, speaking, or 

writing that is unrelated to your official duties and that was 

not prepared on official time.

 If your employment by DoD is identified, you 

must make a disclaimer.

Oscar, who is the Deputy Director 

of a DoD office, is in charge of 

raising funds for his son’s Little 

League team.

Oscar may not ask his 

subordinates to contribute to the 

fundraiser.

Stu, an ethics attorney at DoD, has 

been offered $1500 to teach a oneday course on Federal ethics to 

employees at Big Contractor, Inc.

Because the topic relates to his 

official duties, he may not accept 

the compensation.
10

OUTSIDE ACTIVITIES

Rule: If you file a financial disclosure report, you need your 

supervisor’s prior written approval before you engage in 

business activity or employment with a DoD “prohibited 

source” (see page 2). Presidential appointees and certain

non-career employees have additional restrictions. For 

specific information - consult your ethics counselor.

Rule: You may not have outside employment or 

activities that would materially impair your ability to 

perform your duties.

POLITICAL ACTIVITIES

Jill, who tests new computers 

for the office, wants to work 

on weekends for the vendor

of those computers.

Since her outside employment 

would cause a conflict of 

interest with her Government

duties, she should not accept 

the job.

Most Federal civilian employees may actively participate in political campaigns and other 

partisan activities. However, they may not engage in such activities on duty, or in any Federal 

workplace, vehicle, or while in uniform.

While the Hatch Act loosened restrictions on political activity for most Federal civilian 

employees, Federal laws still limit the political activities of military personnel, law enforcement, 

national security, and career SES employees. Moreover, by policy within DoD, employees 

appointed by the President and employees appointed by the Secretary to non-career SES 

positions may not engage in any activity that could be interpreted as associating DoD with any 

partisan cause or issue.

If you plan to engage in any partisan political activity, you should consult your ethics counselor.
11

EMPLOYMENT ISSUES

Seeking Employment

Rule: If you are seeking non-Federal employment (e.g., sending 

resumes to select employers), you may not do Government work 

on a particular matter that will affect the financial interests of any 

of your prospective employers. You must give a written 

disqualification statement to your supervisor.

Post-Government Employment

Janelle, a procurement specialist, 

is doing work as a Government 

employee on a contract worth

$500,000. She is offered an 

interview for a job by the 

contractor.

Janelle must disqualify or recuse 

herself and inform her

supervisor and ethics official.

Rule: Always consult your ethics counselor before separating from the Government. He or she 

will advise you on the restrictions that will apply to your activities in the private sector in light of 

your specific duties and level of responsibility as a Government employee.

OFFICIAL TRAVEL BENEFITS

You may keep promotional items such as frequent flyer miles that are awarded for official travel 

that is funded by the Government. If Government travel is funded by a non-Federal entity, you 

may keep promotional items that are awarded for that travel if the non-Federal entity does not 

object.

You may also keep promotional items given to compensate you for being voluntarily bumped 

from a flight. You may voluntarily surrender your seat ONLY if doing so does not adversely 

affect the performance of your official duties and does not result in additional cost to the 

Government.

You may not keep promotional items given to compensate you for being involuntarily bumped 

from a flight.
12

SOURCES OF FURTHER INFORMATION

If you have further questions, consult a service specific ethics counselor by one of the 

means described on page ii. In OSD, contact the Standards of Conduct Office (SOCO) 

via soco@osd.mil.

Additional information is available in:

1. Standards of Conduct for Employees of the Executive Branch

The U.S. Office of Government Ethics has developed a comprehensive set of regulations to 

assist Federal employees with their ethics questions. This is a primary source of guidance on 

ethics and standards of conduct. It may be found on the Office of Government Ethics 

website: www.oge.gov.

2. DoD’s Supplemental Standards of Conduct

OGE approved DoD supplemental regulations found at 5 C.F.R., Part 3601.

3. DoD 5500.07-R, the Joint Ethics Regulation (“JER”)

The JER contains supplemental rules for DoD personnel.