§ 147-86.42. Definitions.
§ 147‑86.42. Definitions.
As used in this article, thefollowing definitions apply:
(1)Â Â Â Â Â Â Â "ActiveBusiness Operations" means all Business Operations that are not InactiveBusiness Operations.
(2)Â Â Â Â Â Â Â "BusinessOperations" means engaging in commerce in any form in Sudan, including byacquiring, developing, maintaining, owning, selling, possessing, leasing, oroperating equipment, facilities, personnel, products, services, personalproperty, real property, or any other apparatus of business or commerce.
(3)Â Â Â Â Â Â Â "Company"means any sole proprietorship, organization, association, corporation,partnership, joint venture, limited partnership, limited liability partnership,limited liability company, or other entity or business association, includingall wholly‑owned subsidiaries, majority‑owned subsidiaries, parentcompanies, or affiliates of such entities or business associations, that existsfor profit‑making purposes.
(4)Â Â Â Â Â Â Â "Complicit"means taking actions during any preceding 20‑month period which havedirectly supported or promoted the genocidal campaign in Darfur, including, butnot limited to, preventing Darfur's victimized population from communicatingwith each other, encouraging Sudanese citizens to speak out against aninternationally approved security force for Darfur, actively working to deny,cover up, or alter the record on human rights abuses in Darfur, or othersimilar actions.
(5)Â Â Â Â Â Â Â "DirectHoldings" in a Company means all securities of that Company held directlyby the Public Fund or in an account or fund in which the Public Fund owns allshares or interests.
(6)Â Â Â Â Â Â Â "Government ofSudan" means the government in Khartoum, Sudan, which is led by theNational Congress Party (formerly known as the National Islamic Front) or anysuccessor government formed on or after October 13, 2006 (including thecoalition National Unity Government agreed upon in the Comprehensive PeaceAgreement for Sudan), and does not include the regional government of southernSudan.
(7)Â Â Â Â Â Â Â "InactiveBusiness Operations" means the mere continued holding or renewal of rightsto property previously operated for the purpose of generating revenues but notpresently deployed for such purpose.
(8)Â Â Â Â Â Â Â "IndirectHoldings" in a Company means all securities of that Company held in anaccount or fund, such as a mutual fund, managed by one or more persons notemployed by the Public Fund, in which the Public Fund owns shares or intereststogether with other investors not subject to the provisions of this article.
(9)Â Â Â Â Â Â Â "MarginalizedPopulations of Sudan" include, but are not limited to, the portion of thepopulation in the Darfur region that has been genocidally victimized; theportion of the population of southern Sudan victimized by Sudan's North‑Southcivil war; the Beja, Rashidiya, and other similarly underserved groups ofeastern Sudan; the Nubian and other similarly underserved groups in Sudan'sAbyei, Southern Blue Nile, and Nuba Mountain regions; and the Amri, Hamadab,Manasir, and other similarly underserved groups of northern Sudan.
(10)Â Â Â Â Â "MilitaryEquipment" means weapons, arms, military supplies, and equipment thatreadily may be used for military purposes, including, but not limited to, radarsystems or military‑grade transport vehicles; or supplies or servicessold or provided directly or indirectly to any force actively participating inarmed conflict in Sudan.
(11)Â Â Â Â Â "MineralExtraction Activities" include exploring, extracting, processing,transporting, or wholesale selling or trading of elemental minerals orassociated metal alloys or oxides (ore), including gold, copper, chromium,chromite, diamonds, iron, iron ore, silver, tungsten, uranium, and zinc, aswell as facilitating such activities, including by providing supplies orservices in support of such activities.
(12)Â Â Â Â Â "Oil‑RelatedActivities" include, but are not limited to, owning rights to oil blocks;exporting, extracting, producing, refining, processing, exploring for,transporting, selling, or trading of oil; constructing, maintaining, oroperating a pipeline, refinery, or other oil‑field infrastructure; andfacilitating such activities, including by providing supplies or services insupport of such activities, provided that the mere retail sale of gasoline andrelated consumer products shall not be considered Oil‑Related Activities.
(13)Â Â Â Â Â "Power ProductionActivities" means any Business Operation that involves a projectcommissioned by the National Electricity Corporation (NEC) of Sudan or othersimilar Government of Sudan entity whose purpose is to facilitate powergeneration and delivery, including, but not limited to, establishing power‑generatingplants or hydroelectric dams, selling or installing components for the project,providing service contracts related to the installation or maintenance of theproject, as well as facilitating such activities, including by providingsupplies or services in support of such activities.
(14)Â Â Â Â Â "PublicFund" means any funds held by the State Treasurer to the credit of:
a.        The Teachers' andState Employees' Retirement System.
b.        The ConsolidatedJudicial Retirement System.
c.        The Firemen's andRescue Workers' Pension Fund.
d.        The LocalGovernmental Employees' Retirement System.
e.        The LegislativeRetirement System.
f.         The LegislativeRetirement Fund.
g.        The North CarolinaNational Guard Pension Fund.
(14a)Â Â Â "Scrutinized BusinessOperations" means Business Operations that have resulted in a Companybecoming a Scrutinized Company.
(15)Â Â Â Â Â "ScrutinizedCompany" means any Company that meets the criteria in sub‑subdivisionsa., b., or c. below:
a.        The Company hasBusiness Operations that involve contracts with and/or provision of supplies orservices to the Government of Sudan, to companies in which the Government ofSudan has any direct or indirect equity share, Government of Sudan‑commissionedconsortiums or projects, or to Companies involved in Government of Sudan‑commissionedconsortiums or projects and at least one of the following conditions issatisfied:
1.        More than tenpercent (10%) of the Company's revenues or assets linked to Sudan involve Oil‑RelatedActivities or Mineral Extraction Activities; less than seventy‑fivepercent (75%) of the Company's revenues or assets linked to Sudan involvecontracts with and/or provision of Oil‑Related or Mineral Extractingproducts or services to the regional government of southern Sudan or a projector consortium created exclusively by that regional government; and the Companyhas failed to take Substantial Action.
2.        More than tenpercent (10%) of the Company's revenues or assets linked to Sudan involve PowerProduction Activities; less than seventy‑five percent (75%) of theCompany's Power Production Activities include projects whose intent is toprovide power or electricity to the Marginalized Populations of Sudan; and theCompany has failed to take Substantial Action.
b.        The Company isComplicit in the Darfur genocide.
c.        The Company suppliesMilitary Equipment within Sudan, unless it clearly shows that the MilitaryEquipment cannot be used to facilitate offensive military actions in Sudan orthe Company implements rigorous and verifiable safeguards to prevent use ofthat equipment by forces actively participating in armed conflict, for example,through post‑sale tracking of such equipment by the Company,certification from a reputable and objective third party that such equipment isnot being used by a party participating in armed conflict in Sudan, or sale ofsuch equipment solely to the regional government of southern Sudan or anyinternationally recognized peacekeeping force or humanitarian organization.
Notwithstandinganything herein to the contrary, a Social Development Company which is notComplicit in the Darfur genocide shall not be considered a Scrutinized Company.
(16)Â Â Â Â Â "SocialDevelopment Company" means a Company whose primary purpose in Sudan is toprovide humanitarian goods or services, including medicine or medicalequipment, agricultural supplies or infrastructure, educational opportunities,journalism‑related activities, information or information materials,spiritual‑related activities, services of a purely clerical or reportingnature, food, clothing, or general consumer goods that are unrelated to Oil‑RelatedActivities, Mineral Extraction Activities, or Power Production Activities.
(17)Â Â Â Â Â "SubstantialAction" means adopting, publicizing, and implementing a formal plan tocease Scrutinized Business Operations within one year and to refrain from anysuch new Business Operations; undertaking significant humanitarian efforts onbehalf of one or more Marginalized Populations of Sudan; or through engagementwith the Government of Sudan, materially improving conditions for thegenocidally victimized population in Darfur. (2007‑486, s. 2.)