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.
