[Title 32 CFR 578.19]
[Code of Federal Regulations (annual edition) - July 1, 2002 Edition]
[Title 32 - NATIONAL DEFENSE]
[Chapter V - DEPARTMENT OF THE ARMY]
[Subchapter F - PERSONNEL]
[Part 578 - DECORATIONS, MEDALS, RIBBONS, AND SIMILAR DEVICES]
[Sec. 578.19 - Foreign individual awards.]
[From the U.S. Government Printing Office]


32NATIONAL DEFENSE32002-07-012002-07-01false578.19Sec. 578.19NATIONAL DEFENSEDEPARTMENT OF THE ARMYPERSONNELDECORATIONS, MEDALS, RIBBONS, AND SIMILAR DEVICES
Sec. 578.19  Foreign individual awards.

    (a) Constitutional restriction. No person holding any office of 
profit or trust under the United States shall, without the consent of 
the Congress, accept any present, emolument, office, or title of any 
kind whatsoever from any king, prince, or foreign state. (Const., Art I, 
Sec. 9.) This includes decorations, awards, and gifts tendered by any 
official of a foreign government.
    (b) Definitions. (1) Accept or Acceptance as used in this section 
means assumption of ownership and permanent possession of a military 
award or similar object awarded by a foreign government or official for 
which congressional approval has been granted.
    (2) Receive or Receipt as used in this section means the act of 
coming into temporary custody of a military award or similar object 
awarded by a foreign government or official for which congressional 
approval is required.
    (c) General policy. The provisions for receipt and/or acceptance, or 
prohibition thereof, outlined in this section apply to all members of 
the Armed Forces on active duty, all members of the Reserve components, 
and all civilian employees of the Army. This policy should be observed 
also when the award or gift is tendered to a member of the immediate 
family of any of the foregoing personnel.
    (d) Participation in ceremonies. Except as prohibited by paragraph 
(h) of this section, an individual may participate in a ceremony and 
receive the tender of a foreign award or gift. The receipt of the award 
or gift will not constitute acceptance of the award by the recipient. 
Immediately following the ceremony, the individual will forward the 
award or gift with all appurtenances thereto, and all official papers 
including diploma and citation, to The Adjutant General. A brief 
statement should accompany the award explaining the act or service for 
which the award was made, date and place of presentation, and name and 
title of official who made the presentation.
    (e) Congressional authorization. Except for such awards as may be 
specifically authorized by the Congress. The Adjutant General will 
forward each foreign award or gift to the Secretary of State to be held 
in escrow pending approval of its acceptance by the Congress. Each 
military and civilian recipient of foreign awards, upon discharge or 
permanent retirement or other permanent separation from active Federal 
service, should notify The Adjutant General in order that action may be 
taken with reference to his award or gifts. The Secretary of State is 
required by law to transmit the names of retired personnel to the second 
session of each alternate Congress (5 U.S.C. 115a). Upon approval by the 
Congress, the award or gift will be forwarded to the individual 
concerned.
    (f) Acceptance of foreign awards. An award by a friendly foreign 
nation may be accepted without the requirement for securing approval by 
the Congress only as indicated below:
    (1) By the next of kin if the award is conferred posthumously upon a 
former member of the Armed Forces of the United States.
    (2) By the next of kin if the recipient dies before approval of 
acceptance can be obtained.
    (3) If the award was conferred or earned while the recipient was 
serving as a bona fide member of the Armed Forces of the nation 
conferring the award and if the award is one authorized to be conferred 
generally upon members of that nation's forces. Such foreign awards must 
meet the following applicable requirements:
    (i) A decoration must be awarded prior to the recipient's entrance 
into active service in the Armed Forces of the United States.
    (ii) A badge must have been qualified for by the recipient under 
criteria established by the country concerned for award of the badge.
    (iii) A service medal must have been earned under usual criteria 
established by the country concerned.

[[Page 406]]

    (g) Foreign service medals. Service medals awarded by foreign 
governments for service performed while a member of the Armed Forces of 
the United States may not be accepted or worn except the Philippine 
Service Ribbons, the United Nations Service Medal, and others which may 
be specifically authorized.
    (h) Military Assistance Program. (1) As an exception to the general 
policy and procedures set forth in the foregoing paragraphs, the 
following prohibition shall apply to members of the Armed Forces and 
civilian employees performing duties in connection with the Military 
Assistance Program. Specifically, this prohibition includes personnel 
assigned or attached to, or otherwise performing duty with, Military 
Assistance Advisory Groups, Military Advisory Groups, Military Aid 
Groups, or missions having Military Assistance Program functions. Such 
personnel, regardless of assignment, may not accept the tender of any 
decoration, award, or gift from foreign governments for duty of this 
nature. In addition, personnel performing military assistance advisory, 
programming, budgeting, and/or logistic functions in any headquarters, 
office, agency, or organization may not accept the tender of any 
decoration, award, or gift from foreign governments in recognition of 
such duties. Accordingly, participation in ceremonies involving any such 
tender is not authorized. In order to avoid embarrassment, the 
appropriate foreign officials should be acquainted with this 
prohibition. If presentation is made in spite of such representation, 
the decoration, award, or gift will be forwarded with a full explanation 
of the circumstances to The Adjutant General for disposal. This 
restriction also applies to personnel performing United Nations Truce 
supervisory activities.
    (2) When an award or gift is proffered to a member of the Armed 
Forces or a civilian employee performing any duty in connection with the 
Military Assistance Program in recognition of actual combat services 
against an armed enemy of the United States, or in recognition of 
heroism involving the saving of life, the foregoing prohibition is 
inapplicable, and the provisions of paragraph (e) of this section will 
be followed.

[26 FR 6435, July 18, 1961]