Gifts From Foreign Governments

The President and all federal officials are restricted by the Constitution, at Article I, Section 9, clause 8, from receiving any "presents" from foreign governments, kings, or princes, without the consent of the Congress. The Congress has consented generally, in the Foreign Gifts and Decorations Act, to the acceptance of gifts of "minimal value" from foreign governments offered as souvenirs or marks of courtesy,26 and the acceptance of other gifts when a refusal of the gift may cause "offense or embarrassment" or otherwise harm the foreign relations of the United States.27 A tangible gift of more than minimal value accepted for reasons of protocol or courtesy may not be kept as a personal gift, however, but is considered accepted on behalf of and property of the United States, and in the case of such a gift for the President or the President's family, is handled by the National Archives and Records Administration.28

26. 5 U.S.C. §7342(c)(1)(A). "Minimal value" is pegged to the consumer price index and adjusted every 3 years. In the most recent regulations it is defined as $350 or less. 41 C.F.R. §102- 42.10.

27. 5 U.S.C. §7342(c)(1)(B).

28. 5 U.S.C. §7342(c)(1)(B)(i); note 41 C.F.R. §§102-42-15, 102-42.70.