On the Topic of Foreign Gifts to United States Presidents

A hot topic today is that of foreign gifts to US Presidents. "If there were only a law..." Well, the good news is there is a law and there is a process and a custom of gift giving and gift receiving between heads of state and nations.

In the United States, foreign gifts to United States Presidents are governed by 10 CFR part 1050 "Foreign Gifts and Decorations." You can review the text of these regulations by clicking here.

The summary of the regulations is that a foreign gift of value greater than $350 are received by the White House Gifts Unit and then transferred to the National Archives Records Administration for long-term storage or display at Presidential Libraries. The National Archives Foundation has a helpful summary of the process available for review by clicking here.

So, now you know....

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David Fellows 05/14/2025 10:01 AM

10 CFR Part 1050 does not appear to apply to the US President. He is not an employee as defined by the statute.

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The Girards Law Firm 07/05/2025 3:21 PM

Following up: The short answer is that 10 CFR Part 1050, which governs foreign gifts and decorations for Department of Energy (DOE) employees and related government personnel, does not bind the President of the United States. Here’s why: 1. **Scope of 10 CFR Part 1050**: This regulation applies explicitly to DOE employees, including special government employees, and civilian and military personnel of other government agencies as specified. It is an agency regulation issued under the authority of statutes and the Constitution, primarily targeting executive branch employees under DOE jurisdiction and related entities. It regulates how these employees must handle acceptance of gifts from foreign governments, among other things ([10 CFR Part 1050](https://www.ecfr.gov/current/title-10/chapter-X/part-1050)). 2. **Presidential Immunity and Authority**: The President is generally not subject to regulations that govern federal employees unless Congress explicitly includes the President. The Supreme Court and legal authorities have long recognized that the President’s constitutional powers and duties are distinct, and many administrative regulations do not apply to the President unless expressly stated. 3. **No Direct Binding Language**: Neither the text of 10 CFR Part 1050 nor the underlying statutes (e.g., 5 U.S.C. 7342, Foreign Gifts and Decorations Act) explicitly state that the President is bound by these rules. The regulations are crafted for agency employees, not for the President who operates under constitutional authority and separate statutes. 4. **Caselaw and Precedent**: There is no leading case law or authoritative decision indicating that the President is bound by 10 CFR Part 1050. Cases involving the President and federal regulations generally emphasize the President's unique constitutional status exempting him from most employee regulations unless Congress clearly indicates otherwise. In summary, 10 CFR Part 1050 governs DOE and related federal employees and does not impose requirements on the President of the United States. The President, due to constitutional status and lack of explicit statutory inclusion, is not bound by these regulations.