Executive Branch Qualified Trust Documents (see items 1.-2. in Supporting Statement for titles of all documents)

Executive Branch Qualified Trust Documents (see items 1. and 2. in Supporting Statement for precise titles of all documents)

Doc L_cert_of_compliance (2024)

Executive Branch Qualified Trust Documents (see items 1.-2. in Supporting Statement for titles of all documents)

OMB: 3209-0007

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Form Approved: OMB No. 3209-0007

(Revised 2/2023, Expires 2/28/2026)



U.S. OFFICE OF GOVERNMENT ETHICS

Certificate of Compliance


With respect to the qualified blind trust (qualified diversified trust) of___ (Settlor), the undersigned, the approved [Trustee] [___] of such trust, pursuant to 5 CFR 2634.405, has served in such fiduciary capacity during the calendar year [or for the period beginning___ and ending___] and is eligible to continue in such capacity by virtue of the following:


FIRST: The undersigned (and any director, officer, or employee) has not knowingly or negligently, and will not—

  1. disclose any information to an interested party with respect to the trust that may not be disclosed pursuant to Subchapter I of Chapter 131, title 5 of the United States Code, the implementing regulations (including 5 CFR 2634.408(d)(1)(i)), or the trust instrument;

  2. acquire any holding the ownership of which is prohibited by, or not in accordance with, applicable statute, regulation, or the terms of the trust instrument;

  3. solicit advice from any interested party with respect to such trust, which solicitation is prohibited by Subchapter I of Chapter 131, title 5 of the United States Code, the implementing regulations (including 5 CFR 2634.408(d)(1)(iii)), or the trust instrument;

  4. fail to file any document required by Subchapter I of Chapter 131, title 5 of the United States Code, the implementing regulations (5 CFR 2634.408), or the trust instrument; or

  5. violate or fail to comply with any provision or requirement of Subchapter I of Chapter 131, title 5 of the United States Code, the implementing regulations, or the trust instrument.


SECOND: The undersigned (and any director, officer, or employee) will not knowingly or negligently engage in the above-mentioned activities.


THIRD: The undersigned certifies that the statements contained herein are true, complete and correct to the best of such undersigned's knowledge and belief.


Date___


(firm)___


By:___


(title)___


Privacy Act Statement

The Ethics in Government Act of 1978 as amended and the regulations of the U.S. Office of Government Ethics (OGE) require the reporting of this information for the administration of qualified trusts. The consequences of failing to provide the requested information are as follows: for proposed qualified trusts, OGE may be unable to review or approve the trust; for existing qualified trusts, OGE may revoke the trust certification or trustee approval previously granted. The primary use of the information on the trust instrument, communication, or certification prepared based in part upon this model draft document is for review by Government officials of OGE and the agency of the Government employee for whom the trust is being established to determine compliance with applicable Federal laws and regulations as regards qualified trusts. Additional disclosures of the information may be made:



  1. To disclose information furnished in accordance with sections 105 and 402(b)(1) of the Ethics in Government Act of 1978, codified at 5 U.S.C. 13107 and 13122(b)(1), and subject to the limitations contained therein, to any requesting person.

  2. To disclose pertinent information to the appropriate Federal, State, or local agency responsible for investigating, prosecuting, enforcing, or implementing a statute, rule, regulation, or order where the disclosing agency becomes aware of an indication of a violation or potential violation of civil or criminal law or regulation.

  3. To disclose information to any source when necessary to obtain information relevant to a conflict-of-interest investigation or determination.

  4. To disclose information to the National Archives and Records Administration or the General Services Administration in records management inspections conducted under authority of 44 U.S.C. 2904 and 2906.

  5. To disclose information to the Office of Management and Budget at any stage in the legislative coordination and clearance process in connection with private relief legislation as set forth in OMB Circular No. A-19.

  6. To disclose information when the disclosing agency determines that the records are relevant and necessary to a proceeding before a court, grand jury, or administrative or adjudicative body; or in a proceeding before an administrative or adjudicative body when the adjudicator determines the records to be relevant to the proceeding.

  7. To disclose the public financial disclosure report and any accompanying documents to reviewing officials in a new office, department or agency when an employee transfers or is detailed from a covered position in one office, department or agency to a covered position in another office, department or agency.

  8. To disclose information to a Member of Congress or a congressional office in response to an inquiry made on behalf of, and at the request of, an individual who is the subject of the record.

  9. To disclose the information to contractors, grantees, experts, consultants, detailees, and other non-Government employees performing or working on a contract, service, or other assignment for the Federal Government, when necessary to accomplish an agency function related to this system of records.

  10. To disclose information to appropriate agencies, entities, and persons when: (1) the agency maintaining the records suspects or has confirmed that there has been a breach of the system of records; (2) the agency maintaining the records has determined that as a result of the suspected or confirmed breach there is a risk of harm to individuals, the agency (including its information systems, programs, and operations), the Federal Government, or national security; and (3) the disclosure made to such agencies, entities, and persons is reasonably necessary to assist in connection with the agency's efforts to respond to the suspected or confirmed breach or to prevent, minimize, or remedy such harm.

  11. To disclose information to another Federal agency or Federal entity, when the agency maintaining the record determines that information from this system of records is reasonably necessary to assist the recipient agency or entity in (1) responding to a suspected or confirmed breach or (2) preventing, minimizing, or remedying the risk of harm to individuals, the recipient agency or entity (including its information systems, programs, and operations), the Federal Government, or national security, resulting from a suspected or confirmed breach.



For additional information please see the OGE/GOVT-1 Governmentwide Privacy Act System of Records.

File Typeapplication/vnd.openxmlformats-officedocument.wordprocessingml.document
AuthorMonica M.G. Ashar
File Modified0000-00-00
File Created2024-07-20

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