Comment Submitted by Laurence Zieff (2nd Comment)

4601.106(a)(2), and similar sections applying to other components is too broad. Presently, this section states, "No ICE employee shall, in any private capacity, engage in employment or an activity related to the importation or exportation of merchandise or agricultural products requiring inspection, or the entry of persons into or the departure of persons from the United States." A literal reading of this section would prohibit an employee from mailing a gift to a relative overseas, or receiving such a gift from overseas, since the merchandise would "require inspection." It would also prevent a DHS employee from mailing merchandise to a buyer overseas after a lawful online auction. Such restrictions surely are not the intent of the regulation, since they would be overbroad and would serve no legitimate government interest. However, this language is so broad that it would preclude lawful mailing of merchandise overseas and receipt of merchandise from overseas by ICE employees. Accordingly, this section must be revised to allow for lawful importation or exportation of merchandise if it is for the employee’s use or benefit (to include lawful personal sales of merchandise and the receipt of such merchandise).