# 5 CFR § 3601.104: Additional limitations on gifts between employees

> Federal · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/ecfr-5-3601.104

## Section

- **Citation:** 5 CFR § 3601.104
- **Heading:** Additional limitations on gifts between employees
- **Jurisdiction:** Federal
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** September 22, 2026
- **Source:** Publisher's official text
- **Location:** Title 5—Administrative Personnel > CHAPTER XXVI—DEPARTMENT OF DEFENSE > PART 3601—SUPPLEMENTAL STANDARDS OF ETHICAL CONDUCT FOR EMPLOYEES OF THE DEPARTMENT OF DEFENSE

## Text

The following limitations apply to gifts from groups of employees that include a subordinate and to voluntary contributions to gifts for superiors permitted under 5 CFR 2635.304(c)(1):
(a) Gifts from a group that includes a subordinate. Regardless of the number of employees contributing to a gift on a special, infrequent occasion as permitted by 5 CFR 2635.304(c)(1), an employee may not accept a gift or gifts, including indirectly within the meaning of 5 CFR 2635.203(f), from a donating group if the aggregate market value exceeds the minimal value, as established by 5 U.S.C. 7342(a)(5), and if the employee knows or has reason to know that any member of the donating group is a subordinate.
(1) The cost of items excluded from the definition of a gift by 5 CFR 2635.203(b) and the cost of food, refreshments, and entertainment provided to mark the occasion for which the gift is given shall not be included in determining whether the value of a gift or gifts exceeds the aggregate minimal value limit.
(2) The value of a gift or gifts from two or more donating groups will be aggregated and will be considered to be from a single donating group if the employee who is offered the gift knows or has reason to know that an individual who is his or her subordinate is a member of more than one of the donating groups.
(b) Voluntary contribution. For purposes of 5 CFR 2635.304(c)(1), the nominal amount of a voluntary contribution that an employee may solicit from another employee for a group gift to the contributory employee's superior for any special, infrequent occasion will not exceed $10. A voluntary contribution of a nominal amount for food, refreshments, and entertainment at an event to mark the occasion for which a group gift is given may be solicited as a separate, voluntary contribution not subject to the $10 limit.

## Nearby sections

- [5 CFR § 3601.101 § 3601.101 Purpose.](https://www.frixlaw.com/law-library/statutes/ecfr-5-3601.101.md)
- [5 CFR § 3601.102 § 3601.102 Designation of DoD components as separate agencies for purposes of gifts from outside sources, and teaching, speaking, and writing.](https://www.frixlaw.com/law-library/statutes/ecfr-5-3601.102.md)
- [5 CFR § 3601.103 § 3601.103 Additional exceptions for gifts from outside sources.](https://www.frixlaw.com/law-library/statutes/ecfr-5-3601.103.md)
- [5 CFR § 3601.104 § 3601.104 Additional limitations on gifts between employees.](https://www.frixlaw.com/law-library/statutes/ecfr-5-3601.104.md)
- [5 CFR § 3601.105 § 3601.105 Disclaimer for teaching, speaking, and writing in a personal capacity related to official duties.](https://www.frixlaw.com/law-library/statutes/ecfr-5-3601.105.md)
- [5 CFR § 3601.106 § 3601.106 Prior approval for outside employment and business activities.](https://www.frixlaw.com/law-library/statutes/ecfr-5-3601.106.md)
- [5 CFR § 3601.107 § 3601.107 Waiver.](https://www.frixlaw.com/law-library/statutes/ecfr-5-3601.107.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/ecfr-5-3601.104. Check the current official text before relying on it. Not legal advice.