Standards Of Conduct For Department Of The Army

Chapter 1Standards of Conduct1-1. PurposeThis regulation prescribes standards of conduct required of all DA personnel, regardless of assignment, to avoid conflicts and theappearance of conflicts between private interests and official duties. Personnel subjectto the Uniform Code of Military Justice(UCMJ) who fail to comply with the requirements of this regulation are subject topunishment under the UCMJ, as well as toadverse administrative action and other adverse action authorized by applicable United States code sections or Federalregulations. Personnel not subject to theUCMJ who fail to comply with the provisions of this regulation are subject to adverse administrative action or criminalprosecution as authorized by applicable sections of the United States Code or Federalregulation.1-2. ReferencesRelated publications are listed in appendixA.1-3. Explanation of abbreviations andtermsAbbreviations and special terms used in thisregulation are explained in the glossary.Q1-4. General policy on properconduct of official activitiesa. DA personnel will become familiarwith the scope, authority for, and the limitations of the activities for which they areresponsible. Further, DA personnel willgain a working knowledge of appropriatestatutory prohibitions on standards of conduct. A digest of these provisions is at appendix B.b. Government service or employment,as a public trust, requires soldiers and Armycivilians to act with integrity and abide bythe values of the Professional Army Ethic(FM-100-1). This ethic conveys the sense ofpurpose necessary to preserve the Nation. Itprescribes that all employees and soldiers inthe Department of the Army live and workusing loyalty, duty, selfless service, and integrity to serve the Nation and other people-before personal interest.c. DA personnel place loyalty to country,ethical principles, and law above privategain and other interests. DA personnel willnot make or recommend any expenditure offunds or take or recommend any actionknown or believed to be in violation of U.S.laws, Executive orders, or applicable directives, instructions, or regulations.d. If the propriety of a proposed actionor decision in terms of the regulation or lawis doubtful, DA personnel will consult legalcounsel or, if appropriate, the appropriateEthics Counselor for guidance. This will ensure the proper and lawful conduct of DAprograms.e. DA personnel will strictly adhere tothe DA program of equal opportunity regardless of race, color, religion, sex, age,marital status, physical handicap, or national or ethnic origin, in accordance with AR600-20 and CPR 713.DA personnel will avoid any action,whether or not specifically prohibited bythis regulation, that might result in or reasonably be expected to create the appearance of(1) Using public office for private gain.(2) Giving preferential treatment to anyperson or entity.(3) Impeding Government efficiency oreconomy.(4) Losing independence or impartiality.(5) Making a Government decisionoutside official channels.(6) Affecting adversely the confidence oft h e publie i n t h e integrity of t h eGovernment.'1-5. Governlng directivesa. Executive Order 11222, 8 May 1965.This directive, which prescribes standardsof ethical conduct for Government officersand employees is at appendix C.b. DODD 5500.7.c. Federal Personnel Manual, chapter734, Financial Disclosure Requirements,chapter 735, Employee Responsibilities andConduct, and chapter 737, Post Employment Conflicts of Interests, supplementedby AR 690-700, chapter 735, subchapters 1,2, and 3.d . The Ethics in Government Act of1978 (as amended), Pub.L. No. 95-521(1978).e. Parts 734, 735, and 737, title 5, Codeof Federal ,Regulations.1-6. information to personnela. Initial orientation. All new DA personnel, except enlisted personnel notrequired to file a DD Form 1555, will begiven an opportunity to review this regulation and will be given an oral standards ofconduct briefing not later than 60 days afterinitial employment, assumption of duties, orentry on active duty. Enlisted personnel notrequired to file the statement will be givenstandards of conduct briefings. These briefings may be given at the same time as theexplanations required by 10 USC 937 andother statutes or regulations.(1) The U.S. Army Training and Doctrine Command (TRADOC) or the appropriate service school will conduct initialbriefings for military personnel. The employing manageme t supervisoryofficialwill brief new civilian personnel. A n entrywill be made on personnel records to showmilitary personnel have received the initialbriefing. For civilian personnel, an entrywill be made on the civilian personnel orientation checklist after the initial briefing.This requirement is not retroactive.(2) These briefings will be conducted insuch a way as to make DA personnel awareof the standards of conduct that apply totheir prospective duties. Appropriate methods may i n c l u d e(a) An orientation packet directed to allpertinent standards of conduct documents.AR 600-50UPDATE(b) An explanation of sections of theStandards of Conduct regulation ratherthan simple notice gf their existence.(c) An information summary of the standards designed to alert personnel to potential conflicts and areas in which they shouldseek advice.(d) Use of videotapes or training films.b. Semiannual reminder. Commanders inconjunction with Ethics Counselors willevaluate command ethics training programson a regular basis to ensure that appropriateemphasis is being given to identified problem areas and that the topic as a whole isadequately covered. All DA personnel willbe reminded at least semiannually of theirduty t o comply with required standards ofconduct. This may be accomplished throughnotices printed in command bulletins, letters, or similar publicationsof wide dissemination, or through live presentations,videotapes, training films, or other media.Copies of this regulation will be providedupon request and may be circulated in reading files. Commanders or supervisors mustbe able to show by some written method(e.g., training schedule, memorandum) thatthe semiannual requirement has been met.c. Departing personnel. Commanders willestablish procedures to ensure that(1) Officers and civilian employees whohave indicated that they will be separatingfrom service will be counseled concerningnegotiating for employment (para 2-10) andpostemployment restrictions (paras 5-3,5-5, 5-6, and 5-7) 4 to 6 months (or assoon as possible thereafter) before their proposed separation date.(2) All officers and civilian employeesending service with the Army will be givena copy of the summary of Post EmploymentRestrictions (fig 1-1). They also will be provided a copy of this regulation for reviewduring their outprocessing. Those who request additional information will be referredto the local Ethics Counselor or legal officeas appropriate.1-7. Display of the Code of Ethics forGovernment ServicePub.L. No. 96-303 (1980) requires theArmy to display copies of the Code of Ethics for Governmwt Service (app D) in a ppropriate a r m of Federally owned or leasedoffice space. Army activities must displaythe Code at all military installations andother facilities where at least 20 persons areregularly employed as civilian employees.The Code may be displayed in lobbies, conference rooms, reception areas, auditoriums,cafeterias, and other high traffic areas.(Code of Ethics posters are self-servicesupply items and may be procured underN a t i o n a l Stock N u m b e r 7690-01099-8167.)1-8. Report formsThe following forms, which may be obtained from the sources cited, will be usedin complying with this regulation:a DD Form 1357, Statement of Employment (Regular Retired Officers), is stocked3

and issued by the Cdr, U.S. Army Financeand Accounting Center (USAFAC),ATTN: FINCM-T, Indianapolis, I N46249-1 501. See figure 1-2 for a sample of acompleted D D Form 1357.b. D D Form 1555, Confidential Statement of Affiliations and Financial Interests,is available through normal publjcationssupply channels. See figure 1-3 for a sampleof a completed DD Form 1555.c. Standard Form 278, Financial Disclosure Report, is available through publication supply channels from the' US ArmyAG Publications Center, Baltimore, MD21220-2896. See figure 1-4 for a sample of acompleted SF 278.d. DA Form 4971-R, Certificate of Preliminary Review of SF 278, is located at theback of this regulation. It may be reproduced locally on 8%- by 11-inch paper,printed head to head.e. D D Form 1787, Report of DOD andDefense Related Employment as Requiredby 10 USC 2397, is available through normal publication supply channels. See figure1-5 for a sample of a completed DD Form1787.Chapter 2Conflicts of Interest and GeneralProhibitions2-1. Conflicts of interesta. General. DA personnel should placeloyalty to country, ethical principles, andlaw above private gain and other interests.The performance of their duties should bein keeping with the highest tradition of themilitary service and civilian service to theUS Government.b. Afiliations and financial interests. Inperforming their duties and responsibilities,DA personnel wilknot engage in any personal business or professional activity, orhave or retain any direct or indirect financial interest, that places them in a positionin which there is a conflict or the appearance of a conflict between their private interests or affiliations and the public interestsof the United States as it relates to their duties and responsibilities as DA personnel.For the purpose of this prohibition, the private financial interests of a spouse, dependent child, and any household members aretreated as private financial interests of DApersonnel. Therefore, if such a family member is receiving anything of value from anyorganization, the Government employeewill have a financial interest in that entity.c. Avoiding actual or apparent conjlicts ofinterest. Direct or indirect financial ifiterestin a defense-related contractor, in anyamount and in any form (e.g., common orpreferred stock, bonds, options), may giverise to an impermissible actual or apparentconflict of interest. Examples of circumstances or situations that may result in actual or apparent conflicts of interest becauseof financial interests or outside activities areprovided in appendix E. These examples arenot inclusive; they merely illustrate a fewsituations in which conflicts arise. These examples demonstrate that conflicts of interestarise more often in situations that are moreindirect than when a contracting officer administers a contract held by a company inwhich he holds stock. DA personnel (military and civilian) with holdings in defenserelated contractors that could lead to an actual or apparent conflict of interest shouldseek guidance from their Ethics Counselor.d. Conjlicts of interest resulting fromoutside employment. Outside employment orother outside activity, either with or without compensation, may also create a conflictor the appearance of a conflict of interest.Before any negotiations for employment,DA personnel (military and civilian) are encouraged to consult with their EthicsCounselor to determine whether a disqualification is required. This applies to all negotiations for employment conducted whilethe individual is on active duty or currentlyemployed with the Government.e. Using "inside information." DA personnel will not engage in any personal business or professional activity, or enter intoany financial transaction, that involves orappears to involve the direct or indirect useof "inside information" to further a privategain for themselves or others. This prohibition regarding "inside information" obtained while at the Department of the Armycontinues even after the individual terminates Government service or employment.f: Using oficial positions. DA personnelare prohibited from using their official positions to induce, coerce, or in any way influence any person, including subordinates, toprovide any unauthorized benefits, financialor otherwise, to themselves or others.g. Unauthorized release of acquisition information. Except as provided herein, DApersonnel are prohibited from releasing toan individual or to a business concern or itsrepresentatives any information concerningfuture DA requirements or a proposed acquisition or purchase by any contracting activity of DA. Such information will bereleased to all potential contractors as nearly simultaneouslyas possible. These releaseswill be made only through duly designatedagencids, so that one potential source maynot be given an advantage over another.Such information will be provided in accordance with existing authorized procedures and only in connection with thenecessary and proper discharge of officialduties. It will not be included in briefings orother presentations to former officers or employees of DA or DOD based solely ontheir status as such.h. Unauthorized statements or commitments with respect to award of contracts. Only contracting officers and their dulyauthorized representatives acting withintheir authority are authorized to committhe Government with respect to award ofcontracts. Unauthorized discussion andcommitments may place DA in the positionof not acting in good faith. Unauthorizedpersonnel are prohibited from making anyAR 600-50UPDATEcommitment or promise relating to awardof contract and will make no representationthat would be construed as such a commitment. DA personnel will never advise abusiness representative that an attempt willbe made to influence another person oragency to give preferential treatment to hisor her concern in the award of future contracts. Persons requesting preferential treatment will be informed by official letter thatDA contracts are awarded only in accorda n c e w i t h established c o n t r a c t i n gprocedures.i. Membership in associations. DA personnel who are members or officers of nonGovernment associations or organizationsmust not engage in activities on behalf ofthe association or organization that are incompatible with their official Governmentpositions. (See AR 1-210 and AR 1-21 1.)(See also app E, para f.)j. Commercial dealings and other solicitation. To eliminate the appearance of coercion, intimidation, or pressure from rank,grade, or position, DA personnel, exceptspecial Government employees, will notmake personal commercial solicitations orsales to DOD personnel who are junior inrank, grade, or position at any time, on oroff duty. "Personal commercial solicitation"refers to those situations where DA personnel are employed as sales agent on commission or salary, or conduct business, andhave contact with prospective purchasersconcerning the commodity, real or intangible, that is being offered for sale.(1) This prohibition includes, but is notlimited to, the solicitation and sale of insurance, stocks, mutual funds, real estate, andany other commodities, goods, or services.(See also AR 210-7 and AR 210-10.)(2) This prohibition does not apply to thesale or lease, by a person, of a privatelyowned former residence; nor does it applyto the sale of personal property not held forcommercial or business purposes. It alsodoes not apply to the off-duty employmentof DA personnel or their spouses as employees in retail stores or other situations not involving personal commercial solicitation.(3) Personal commercial solicitation (orother commercial dealings) between military personnel and the spouses of their military superiors at any level (e.g., spouses ofcommanders, supervisors, instructors, etc.)may also give rise to the appearance of preferential treatment or the improper use ofrank or position for personal gain and mayundermine discipline, morale, or authority.Such activities generally are to be avoided.Commanders and supervisors of such military personnel will counsel those involvedor take other action, as appropriate, if thecommercial activities(a) Cause actual or perceived partialityor unfairness;(b) Involve the actual or apparent use ofrank or position for personal gain; or(c) Can otherwise be expected to undermine discipline, morale, or authority.k. Assignment of Reserves for training.DA personnel who assign Reserves for

training will not assign them to duties inwhich they will obtain information that theyor their private sector employers could useto gain unfair advantage over civilian competitors. Reservists must disclose to superiors or assignment personnel informationnecessary to ensure that no conflict existsbetween their duty assignment and their private interests. Reservists on promotionboards will not participate in promotion decisions that may directly or predictably affect their private financial interests.1. Prohibited selling by retired military officers. Legal limitations on sales by retiredRegular military officers to any componentof the DOD, Coast Guard, National Oceanic and Atmospheric Administration, orPublic Health Service are listed in appendixB.m. Dealing with present or former military or civilian personnel. DA personnel willnot knowingly deal, on behalf of the Government, with present or former military orcivilian personnel of the Government whoseparticipation in the transaction violates astatute described in chapter 5 or any provision or policy set forth in this regulation.Contracting officers, as well as other DApersonnel who deal frequently with contractor representatives, will establish a systemto determine whether the contractor representatives with whom they deal are formerGovernment employees or military personnel and, if so, whether they are subject to arestriction on selling or were officially involved in the same matter on behalf of theGovernment.n. Honoraria. DA personnel may not accept honoraria or other salary supplementation for performance of official duties. (See18 USC 209.) They may not suggest charitable contributions in place of honoraria.Even when acting in a personal rather thanofficial capacity, there are the followingrestrictions.(1) DA personnel may not accept anhonorarium or more than 2,000 (excludingexpenses for travel and subsistence, agents,fees, or commissions) for any appearance,speech, or article. (See 2 USC 441i.)(2) Under no circumstances will DA personnel accept honoraria from DOD contractors. Neither will DA personnel accepthonoraria from others whose interests arereasonably likely to be affected by officialDA actions. Before accepting any honorarium DA personnel should consult their Ethics Counselor. This will enable the EthicsCounselor to examine the relationship between the group, the person, or the organization offering the honorarium and thepotential recipient's official duties withinDA. (See paras 2-6d and e.)(3) Personnel required to file an SF 278must report honoraria received. (See para4-3.)o. Negotiating for employment.(1) DA officers and civilian employeesmay not participate on behalf of the Government personally and substantially in anyparticular matter in which, to their knowledge, an organization with which they arenegotiating for employment or have any ar- may give an improper impression that DArangement concerning prospective employ- endorses the activities of a particular orga- ,ment, has a financial interest. (See 18 U.S.C. nization, thereby resulting in unauthorized208) "Negotiating" includes any action by assistance for the organization or sponsorsDA personnel that reasonably could be con- of the activities. The presence of DA offistrued as an indication of interest in future cials may be sought, under the guise of beemployment, including sending letters or re- stowing awards upon the official, tosumes, making telephone inquiries, or fail- promote attendance at programs. DA offiing to clearly reject a personally directed cials will not allow the use of their names orproposal from the entity's representative re- titles in connection with charitable or nongarding future employment. It is not neces- profit organizations, subject to thesary that there be any firm offer of following: ,employment.(1) The Department of the Army may as(2) DA personnel who have any contacts sist only those charitable programs adminisregarding future employment with an entity t e r e d by t h e Office of P e r s o n n e lwhich has a financial interest which may be Management under its delegation from theaffected by the performance of their official President and those other programs a

Jan 28, 1988 · Department of the Army Washington, DC ! 28 January 1988 Personnel-General *Army Regulation 600-50 Effective 29 February 1988 . . Standards of Conduct for Department of the Army Personnel This UPDATE printing publishes a revision that is effective29 February 1988. Bec