Terms Used In 4 Guam Code Ann. § 15202

  • Dependent: A person dependent for support upon another.
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Intestate: Dying without leaving a will.
) 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:
(1) 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;

(2) 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

(3) The gift is not exempted by subsection (d) from reporting requirements under this section.

(b) The report shall cover the period from January 1 of the preceding calendar year through December 31 of the year of the report.
(c) The gifts disclosure statement shall contain the following information:

(1) A description of the gift;

(2) A good faith estimate of the value of the gift; (3) The date the gift was received; and
(4) The name of the person, business entity, or organization from whom, or on behalf of whom, the gift was received.

(d) Excluded from the reporting requirements of this section are the following:
(1) Gifts received by will or intestate succession;

(2) Gifts received by way of distribution of any intervivos or testamentary trust established by a spouse or ancestor;

(3) 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;

(4) 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.

(5) Anything available to or distributed to the public generally without regard to the official status of the recipient;

(6) 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

(7) Exchange of approximately equal value on holidays, birthday, or special occasions.

(e) Failure of an employee to file a gifts disclosure statement as required by this section shall be a violation of this chapter.

2021 NOTE: References to “”territorial”” replaced with “”Guam”” pursuant to 1 Guam Code Ann. § 420.