FOREIGN ACTIVITIES QUESTIONNAIRE
PRIVACY ACT STATEMENT
AUTHORITY: 5 U.S.C. 301; U.S. CONST. art. I, s9, cl. 8; 5 U.S.C. 7342.
PRINCIPAL PURPOSE(S): Information will be used by DoD officials to determine whether (1) an employee or prospective
employee, including a special government employee serving on an advisory committee, is eligible to undertake, or remain,
in Federal Service; and (2) an employee, including a member of an advisory committee, or their family members, are
authorized to accept foreign gifts and decorations from a foreign government.
ROUTINE USE(S): Information may be disclosed to (1) Federal, State, or local agencies having responsibility for
investigating, prosecuting, or implementing a statute, rule, regulation, or order, where there is an indication of an actual
or potential violation of law; (2) Federal agencies, a court, or a party before an administrative proceeding or a court,
either when the Government is a party to an administrative or judicial proceeding or in order to comply with authorized
procedural requests for information pertinent to the subject matter of the proceeding or litigation; and (3) public and
private sources for purposes of obtaining information relevant to a conflict of interest investigation or determination.
DISCLOSURE: Voluntary; however, failure to provide this information may result in a determination that (1) an individual
is not eligible to undertake, or to continue, service as a Federal employee, including service as a member of an advisory
committee; and (2) the employee, or family member, is not authorized to retain a foreign gift or decoration.
This questionnaire is intended to assist members of DoD advisory committees in disclosing potential
conflicts of interest arising from the committee members' employment by or activities with foreign
governments. The restrictions are described below.
The Emoluments Clause.
This provision of the United States Constitution prohibits anyone who holds an "Office of Profit or Trust"
in the Government from accepting a position with a foreign state, whether compensated or uncompensated,
or from accepting any compensation or other items of value, including salary, honoraria, and travel expenses,
from a foreign state, except as authorized by Congress. The Department of Justice has advised that most
members of Federal advisory committees are deemed to hold an "Office of Profit or Trust" within the
meaning of the Emoluments Clause unless they serve strictly in a representative capacity (an individual who
only represents the views of a third party). For purposes of the Emoluments Clause, a "foreign state" is
deemed to include an international organization in which the United States is NOT a member. In addition, a
foreign public university is presumed to be part of the foreign state, unless the university is independent of
the foreign government with respect to decisions regarding the terms and conditions of faculty appointment.
The employee or committee member has the responsibility for obtaining and providing to DoD information
sufficient to make such determinations.
The Foreign Gifts and Decorations Act.
By this statute, Congress has authorized employees, including advisory committee members, to accept
items from a foreign government that do not exceed "minimal value" (currently $305). This figure is adjusted
every three years for inflation; Committee staff can provide the most current valuation. Tangible items over
minimal value that have been accepted must be turned in to the agency and become Government property.
The Act authorizes acceptance of items over minimal value when such items consist of an educational
scholarship, medical treatment, or expenses for travel taking place entirely outside the United States (thus,
permitting hotel and meal reimbursements in the foreign country, but not airfare for flights originating or
terminating in the United States). Congress has extended to spouses and dependent children of employees
the ban on gifts over minimal value; however, they are not covered by the ban on holding positions or from
accepting salary or compensation for services performed for a foreign state.
DD FORM 2859, JUL 2005
PREVIOUS EDITION IS OBSOLETE.
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