Current through Register Vol. 46, No. 39, September 25, 2024
WHEREAS, the State of Israel is a critical and invaluable
ally of the United States;
WHEREAS, the State of New York and Israel enjoy a special
historical relationship and share a commonly forged cultural bond;
WHEREAS, the State of New York does not support boycott
related tactics that are used to threaten the sovereignty and security of
allies and trade partners of the United States;
WHEREAS, in 2005, elements of Palestinian civil society
issued a call for a Boycott, Divestment and Sanctions (BDS) campaign against
Israel, coordinated by the Palestinian BDS National Committee;
WHEREAS, the State of New York unequivocally rejects the
BDS campaign and stands firmly with Israel;
WHEREAS, the State of New York will not permit its own
investment activity to further the BDS campaign in any way, shape or form,
whether directly or indirectly;
NOW, THEREFORE, I, ANDREW M. CUOMO, Governor of the State
of New York, by virtue of the authority vested in me by the Constitution and
Laws of the State of New York, do hereby order as follows:
I. DEFINITIONS
A. "Affected State Entities" means
(i) all agencies and departments over which
the Governor has executive authority, and
(ii) all public-benefit corporations, public
authorities, boards, and commissions, for which the Governor appoints the
Chair, the Chief Executive, or the majority of Board Members, except for the
Port Authority of New York and New Jersey.
B. "Boycott, divestment, or sanctions
activity targeting Israel" means to engage in any activity, or promote others
to engage in any activity, that is intended to penalize, inflict economic harm
on, or otherwise limit commercial relations with Israel or persons doing
business in Israel for purposes of coercing political action by, or imposing
policy positions on, the government of Israel.
C. "Commissioner" means the Commissioner of
the Office of General Services.
II. PUBLICLY AVAILABLE LIST OF BDS ASSETS
A. Not later than 180 days after the date of
this Executive Order, the Commissioner shall develop a list of institutions and
companies that the Commissioner determines, using credible information
available to the public, participate in boycott, divestment, or sanctions
activity targeting Israel, either directly or through a parent or subsidiary.
Such list, when completed, shall be posted on the website of the Office of
General Services.
B. The
Commissioner shall update the list every 180 days.
C. Prior to placing any institution or
company on the list, the Commissioner shall provide to the particular
institution or company written notice of the Commissioner's intent to include
the institution or company on the list, and shall allow such institution or
company a period of at least 90 days to present the Commissioner with evidence
that the institution or company does not in fact participate in boycott,
divestment, or sanctions activity targeting Israel, either directly or through
a parent or subsidiary.
D. Where,
pursuant to Section II(C) above, the Commissioner makes a good faith
determination that the institution or company does not in fact engage in
boycott, divestment, or sanctions activity targeting Israel, either directly or
through a parent or subsidiary, the Commissioner shall not include the
institution or company on the list.
E. An institution or company that has been
included on the Commissioner's list may request removal from the list by
submitting written evidence to the Commissioner that the institution or company
no longer participates in boycott, divestment, or sanctions activity targeting
Israel, either directly or through a parent or subsidiary. If the Commissioner
makes a good faith determination that the institution or company does in fact
no longer participate in such activity, the Commissioner shall remove the
institution or company from the list at the next opportunity pursuant to
Section II(B) above.
III. DIVESTMENT OF CERTAIN PUBLIC FUNDS
A. All Affected State Entities are hereby
directed to divest their money and assets from any investment in any
institution or company that is included on the Commissioner's list pursuant to
Section II above.
B. This Executive
Order shall not be construed to require the premature or otherwise imprudent
divestment of money and assets, but Affected State Entities shall achieve
compliance with the directive in Section III(A) above no later than one year
after the issuance of this Executive Order.
IV. NO FURTHER INVESTMENTS IN BDS ASSETS
A. No money or assets shall be invested by
any Affected State Entity in the future in any institution or company that is
included on the Commissioner's list pursuant to Section II above.
FURTHER, this Order shall take effect immediately and shall
remain in effect until further notice.
