Financial Guide #20--Ethics Advisory 2000-01
To: USGS All
cc:
Subject: Financial Guide #20--Ethics Advisory 2000-01
In Reply Refer To: June 27, 2000
Mail Stop 603
MEMORANDUM
Supervisors, Managers, and Team Leaders: Please ensure that employees
without access to E-mail receive a copy of this message.
To: All U.S. Geological Survey Employees
From: Virginia G. Miles (signed Virginia G. Miles)
Deputy U.S. Geological Survey Ethics Counselor, Office of Personnel
Subject: Financial Guide 20--Ethics Advisory 2000-01
Do you, your spouse, or minor child hold stock in OIL, GAS, or MINING
companies? You should review the latest Financial Guide 20, dated June 30, 2000,
if you (your spouse or minor child): (1) hold stocks, bonds, mutual funds,
pension plans, employee stock ownership plans, IRAs, 401(k) plans, mineral
royalties, or limited partnerships; (2) are a trustee or trust
beneficiary; or (3) received assets through inheritance or gift. You are
subject to certain prohibitions and limitations on the ownership of
entities engaged in oil, gas, and mining activities in the United States.
Some holdings are totally prohibited to all employees, and others are
subject to dollar limitations on the value of shares that may be held,
depending on the particular division in which the employee resides.
Information on the regulations that apply and a listing of companies
that are subject to these restrictions are provided in the U.S.
Geological Survey (USGS) Financial Guide 20, which is available for
review on the Human Resources Homepage at
http://usgs.gov:8888/ops/hro/ethics/financ20.html
All USGS employees are subject to these prohibitions and limitations, and
you are responsible for ensuring that you take necessary action to ensure
that you are in compliance. You should annually review the Financial Guide,
especially when you make changes in your stock holdings or when changes in
your official responsibilities may subject you to divestiture
requirements. Employees subject to financial disclosure requirements
should review their holdings now to ensure compliance.
Numerous changes have occurred since last year's report including 18
companies that have been added to the prohibited list. If you hold any
prohibited stocks, you are required to divest them. If you hold stock
that may be held only in limited amounts, you are required to divest
amounts over the limitations. If you must divest stock, you may be able
to obtain a Certificate of Divestiture (CD) that allows you to defer the
payment of capital gains tax upon their sale. To obtain a CD you must
submit your request within 90 days after the stock became subject to the
prohibitions or limitations. The 90 days begins when the asset is first
placed on the list of stocks in the Financial Guide (June 30, 2000), when
a merger or acquisition subjects a previously acceptable stock to the
prohibited or limited list, or when another action creates a conflict of
interest. The 90 days may also come into effect when the value of your
shares exceeds the $5000 limitation permitted for oil, gas, mining on
private lands or you are reassigned to a position with different value
limitations; e.g., an employee of the Water Resources Division moves to
the Geologic Division. If you own securities that may be subject to the
prohibitions or limitations, please consult with the Deputy Ethics
Counselor before divesting to ensure that you understand your options
regarding divestiture.
If you own any stocks, you should consult the entire list of prohibited
and limited companies since some companies that are primarily engaged in
other business sectors may also hold extensive oil, gas, and mining assets
that may subject them to the USGS Organic Act or Policy. As a quick guide
to stocks that have become prohibited in 2000, see the list below.
Belco Oil and Gas Corp.
Cabot Oil and Gas Corp.
Callon Petroleum Co.
Canadian Occidental Petroleum, Ltd.
Dominion Resources, Inc.
El Paso Energy Corp.
General Chemical Group, Inc.
H. S. Resources, Inc.
Level 3 Communications, Inc.
McMoRan Exploration Co.
Phelps Dodge Corp.
RAG AG (Germany)
Reunion Industries, Inc.
Sharpe Resources Corp. (Canada)
Spinnaker Exploration Co.
St. Mary Land and Exploration Co.
Western Garnet International
Williams Cos. (The) Inc.
Additionally, employees may have financial assets in other business
sectors that subject them to the conflict of interest regulations.
Ownership of any stock held by (1) the employee, (2) their spouse or minor
child, (3) their general partner, (4) an organization in which they serve
as an officer, director, trustee, general partner, or employee, and (5) a
person with whom they are negotiating for or have an arrangement
concerning prospective employment is attributed to the employee. If the
employee has official duties that relate to the company in which such
stock is held, they may be required to divest the stock or recuse
themselves from any involvement in matters relating to that company. For
example, employees who purchase computer hardware or contract for computer
systems software should not own stock in companies that may engage in
these procurement actions. Employees who engage in contracting activities
must be particularly alert to conflicts of interest where companies whose
stock they hold may bid on contracts under their jurisdiction.
Advice and guidance concerning all financial interests can be obtained
from the Deputy USGS Ethics Counselor, Virginia G. Miles, at phone:
703/648-7474; e-mail, vmiles@usgs.gov or regular mail USGS, Mail Stop
603, National Center, Reston, Virginia 20192. If you need a printed or
electronic copy of Financial Guide #20, you may request it by providing
your address by return e-mail to the Ethics Counselor.