Legal notice: Reminder of prohibition on soliciting gifts and donations

  • Published
  • 100th Air Refueling Wing Legal Office
RAF MILDENHALL, England --  As summer rolls around, RAF Mildenhall sees an increase in activities put on by Air Force units and agencies. While private organizations and outside entities are allowed to sponsor base activities, commanders and event organizers are reminded that solicitation of donations for base activities is prohibited.

Both the Joint Ethics Regulation and Air Force Instructions prohibit the Air Force from asking for donations or assistance.

Under AFI 51-601 Gifts to the Department of the Air Force, gifts may not be solicited. Gifts include all forms of tangible and intangible personal property, and would include monetary donations given as assistance in putting on a base-wide event or activity.

It does not matter whether the source of the funds is from a personal individual, a private organization, or an outside source - the prohibition applies to all of them. So units cannot ask for donations for putting on events such as picnics, safety days, or any other activities.

However, it is important to note that private organizations and individuals are still able to donate or give money to the Air Force to be used for these events as long as the organizers do not solicit them.

JER Sec 2-100 (5 CFR 2635.202(c)(2)) prohibits AF employees from, directly or indirectly, soliciting gifts in an official capacity, either from a prohibited source or a gift to be given because of the employee's official position. That means that the JER prohibits Air Force members from soliciting money, gifts, or prizes in their official capacity for any Air Force programs, private organizations, or special events.

AFI 34-201, Use of Nonappropriated Funds, puts the same prohibition on solicitation in place for donations to a NAF (such as the Galaxy Club or Bowling Alley). Paragraph 5.8.2 states that NAFs may not solicit contributions or donation and cannot grant donors any special favors or privileges.

Again, NAFs quite frequently accept donations for their events, such as a fitness competition or a bowling tournament but they cannot ask people to donate.

Last, private organizations (such as spouses' clubs or unit booster clubs) may not solicit donations on base. However, AFI 34-223 allows private organizations to accept gifts and donations that they do not solicit.

private organizations may also hold occasional fundraisers on base so long as they meet the legal requirements and have their event approved by the required agencies.

Anyone with any questions or concerns regarding donations or gifts is encouraged to contact the legal office at DSN 238-2028.