Gift Disclosures

Pursuant to 4 GCA 15 § 15202.

  • Every employee shall file a gifts disclosure statement with the Guam Ethics Commission on June 30 of each year if all the following conditions are met:
    • The employee, or spouse or dependent child of an employee, received directly or indirectly from any source any gift or gifts valued singly or in the aggregate from a single source in excess of $200, whether the gift is in the form of money, services, goods, or in any other form;
    • The source of the gift or gifts have interests that may be affected by the official action or lack of action by the employee; and
    • The gift is not exempted by subsection (d) from reporting requirements under this section.
  • The report shall cover the period from January 1 of the preceding calendar year through December 31 of the year of the report.
  • The gifts disclosure statement shall contain the following information:
    • A description of the gift;
    • A good faith estimate of the value of the gift;
    • The date the gift was received; and
    • The name of the person, business entity, or organization from whom, or on behalf of whom, the gift was received.
  • Excluded from the reporting requirements of this section are the following:
    • Gifts received by will or intestate succession;
    • Gifts received by way of distribution of any intervivos or testamentary trust established by a spouse or ancestor;
    • Gifts from a spouse, fiancé, fiancée, any relative within three degrees of consanguinity or the spouse, fiancé, or fiancée of such a relative. A gift from any such person is a reportable gift if the person is acting as an agent or intermediary for any person not covered by this paragraph;
    • Political campaign contributions that comply with Guam law. This section shall not exempt the recipient of campaign contributions from the reporting requirements of the Election Code.
    • Anything available to or distributed to the public generally without regard to the official status of the recipient;
    • Gifts that within thirty days after receipt, are returned to the giver or delivered to a public body or to a bona fide educational or charitable organization without the donation being claimed as a charitable contribution for tax purposes; and
    • Exchange of approximately equal value on holidays, birthday, or special occasions.
  • Failure of an employee to file a gifts disclosure statement as required by this section shall be a violation of this chapter.