Why It Is Hard for US Presidents to Receive Gifts From Uhuru

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US President Joe Biden (left) receives Kenya's Head of State Uhuru Kenyatta at the White House on Thursday, October 14, 2021
PSCU

President Uhuru Kenyatta, like any other Head of State, offers gifts to foreign leaders as a sign of goodwill between the countries.

Most of the gifts presented by Uhuru are locally made, to promote Kenya’s culture. This varies from sculptures, beads, artwork and portraits or photographs. 

Uhuru also receives gifts in return. However, some heads of state and leaders of some developed countries find it hard to receive gifts owing to restricting laws. 

In 2015, the 44th US President, Barrack Obama, left behind gifts from Uhuru when he visited the country on an official tour. Uhuru presented him with two portraits and an elephant sculpture. All three gifts were estimated to be worth Ksh310,000.

A model car from the 1962 East African Safari Rally, gifted to President Uhuru Kenyatta by UK Prime Minister Boris Johnson.
A model car from the 1962 East African Safari Rally, gifted to President Uhuru Kenyatta by UK Prime Minister Boris Johnson.
Twitter

The US law bars the country’s Presidents from directly accepting gifts presented by foreign heads of state. These gifts have to be cleared by the Office of Protocol and are directly stored at the National Archives after being presented.

“Even though heads of state have traditionally exchanged gifts as expressions of goodwill, the Constitution (Article I, Section 9) prohibits anyone in the US Government from receiving a personal gift from a foreign head of state without the consent of Congress,” reads an official document titled Presidential gifts: Their Handling and Legal Status.

The Foreign Gifts and Declarations Act of 1966, further puts a limit to the value of a gift a President can accept. The value changes with the current market valuation. This declaration was prompted by extravagant gifts some leaders would bring during their US tours. 

The National Archives decides what should be done with gifts not possessed by the US President and First Lady. Some are stored at the archives while others are transferred to a Presidential Library when Potus retires. 

Presidents and US government officials are also given the option to purchase the gifts offered during their terms. Former Secretary of State,  Hillary Clinton, was reported to have purchased a black pearl necklace in 2012. The gift given to her by Myanmar opposition leader, Aung San Suu Kyi, cost her approximately Ksh82,000 back then ($970).

Some of these rules also apply in the United Kingdom (UK), with the Ministerial Code dictating that officials should not accept any gift or hospitality which might, or might reasonably appear to, compromise their judgement or place them under an improper obligation.

Artist Bien-Aime performing
President Uhuru Kenyatta (left), Bien-Aime (centre), Former US President Barrack Obama, dancing at State House in 2015.

“The same principle applies if gifts etc are offered to a member of their family. This is primarily a matter which must be left to the good sense of Ministers. But any Minister in doubt or difficulty over this should seek the advice of their Permanent Secretary,” the document directs.

As of 2014, the value was set at Ksh21, 000 (£140).

“Gifts given to Ministers in their Ministerial capacity become the property of the Government and do not need to be declared in the Register of Members’ or Peers’ Interests. Gifts of small value, currently, this is set at £140, may be retained by the recipient. 

"Gifts of a higher value, should be handed over to the department for disposal unless the recipient wishes to purchase the gift abated by £140,” it adds. 

The gifts are tax-free but an official retaining such gifts will be liable for any tax it may attract.

“Departments will publish, on a quarterly basis, details of gifts received and given by Ministers valued at more than £140,” the code stipulates. 

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