Oklahoma § 74-582 - Israel a prominent trading partner – Companies contracting

§ 74-582. Israel a prominent trading partner – Companies contracting

with the state to certify they are not engaged in boycotts of

Israel.

A. The State of Oklahoma hereby declares that Israel is a

prominent trading partner of the State of Oklahoma and that the

state, and those companies that do business by and through the

state, in the interest of the state's economic policy, should not

boycott trade with Israel. Companies that refuse to deal with

United States trade partners such as Israel make discriminatory

decisions on the basis of national origin that impair those

companies' commercial soundness. Israel is known for its dynamic

and innovative approach in many business sectors, and a company's

decision to discriminate against persons or entities doing business

in Israel or in territories controlled by Israel is an unsound

business practice making the company an unduly risky contracting

partner. It is also the public policy of the United States, as

enshrined in several federal acts, including 50 U.S.C., Section

4607, to oppose such boycotts, and Congress has concluded as a

matter of national trade policy that cooperation with Israel

materially benefits United States companies and improves American

competitiveness.

B. Except as provided in subsection D of this section, the

state shall not enter into a contract with a company unless the

company submits a written certification that the company is not

currently engaged in a boycott of goods or services from Israel that

constitutes an integral part of business conducted or sought to be

conducted with the state.

C. The state shall not adopt a procurement, investment or other

policy that has the effect of inducing or requiring a person to

boycott the government of Israel or its instrumentalities, or to

boycott a person doing business in Israel or territories under its

jurisdiction, when such boycott is on the basis of such person's

location in such places.

D. The Oklahoma Secretary of State shall approve contracts or

may waive application of this section on any contract with any state

agency if the Secretary determines that compliance is not

practicable.

E. As used in this section:

1. "Boycott" means engaging in a refusal to deal, terminating

business activities or performing other actions that are intended to

limit commercial relations with persons or entities doing business

Oklahoma Statutes - Title 74. State Government

in Israel or in territories controlled by Israel, if those actions

are taken either:

a.

in compliance with or adherence to calls for a boycott

of Israel other than those boycotts to which 50

U.S.C., Section 4607(c) applies, or

b.

in a manner that discriminates on the basis of

nationality, national origin or religion, and that is

not based on a valid business reason;

2. "Company" means an organization, association, corporation,

partnership, venture or other entity, its subsidiary or affiliate,

that exists for profitmaking purposes or to otherwise secure

economic advantage;

3. "Contract" means a written agreement between the state and a

company to acquire or dispose of goods or services with an aggregate

price of more than One Hundred Thousand Dollars ($100,000.00).

"Contract" does not mean a written agreement between the state and

an individual to acquire or dispose of goods or services, including

employment or consultant services; and

4. "State" means this state or an agency, board, commission or

department of this state.

Added by Laws 2020, c. 129, § 1, eff. Nov. 1, 2020.