section 4(a) whose business operations in Sudan are lim-
ited to activities or transactions relating to— 
(1) southern Sudan, southern Kordofan/Nuba 
Mountains State, Blue Nile State, or Abyei; 
(2) the implementation of the Darfur Peace 
Agreement of May 5, 2006; 
(3) the provision of military equipment to be 
used by nongovernmental organizations in the 
Darfur region of Sudan, the African Union Mission 
in Sudan (AMIS), or the United Nations; or 
(4) the provision of humanitarian assistance 
that is of immediate and substantial benefit to— 
(A) the majority of people of the Darfur 
region of Sudan; or 
(B) the majority of people of eastern 
Sudan, including the Red Sea, Kassala, and 
Gedaref States. 
(c) WAIVER.—The President may waive the prohibi-
tion in subsection (a) on a case-by-case basis if the Presi-
dent determines and certifies in writing to Congress that 
it is important to the national security interests of the 
United States to do so. 
SEC. 6. RULE OF CONSTRUCTION. 
Nothing in this Act or any other provision of law shall 
be construed to preempt any State law that prohibits in-
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vestment of State funds, including State pension funds, 
in or relating to Sudan. 
SEC. 7. DEFINITIONS. 
In this Act: 
(1) BUSINESS OPERATIONS.—The term ‘‘busi-
ness operations’’ means maintaining, selling, or leas-
ing equipment, facilities, personnel, or any other ap-
paratus of business or commerce, including the own-
ership or possession of real or personal property. 
(2) COMPANY.—The term ‘‘company’’— 
(A) means a sole proprietorship, organiza-
tion, association, corporation, partnership, ven-
ture, or other entity, its subsidiary or affiliate 
that exists for profit-making purposes or to oth-
erwise secure economic advantage; and 
(B) includes a company owned or con-
trolled, either directly or indirectly, by the gov-
ernment of a foreign country, that is estab-
lished or organized under the laws of, or has its 
principal place of business in, such foreign 
country. 
(3) GOVERNMENT OF SUDAN.—The term ‘‘Gov-
ernment of Sudan’’ means the Government of Sudan 
located in Khartoum or its instrumentalities. 
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(4) INVESTMENT.—The term ‘‘investment’’ 
means the purchase, ownership, or control of stock 
of a company, association, or corporation, the capital 
stock of a mutual water company or corporation, 
bonds issued by the government or a political sub-
division of a foreign country, corporate bonds or 
other debt instruments issued by a company, or the 
commitment of funds or other assets to a company, 
including a loan or extension of credit to that com-
pany. 
(5) MILITARY
EQUIPMENT.—The term ‘‘mili-
tary equipment’’ means weapons, arms, or military 
defense supplies. 
(6) OIL-RELATED ACTIVITIES.—The term ‘‘oil- 
related activities’’ includes the export of oil, extract-
ing or producing oil, exploration for oil, or the con-
struction or maintenance of a pipeline, refinery, or 
other oil field infrastructure. 
(7) SUDAN.—The term ‘‘Sudan’’ means the Re-
public of Sudan, a territory under the administra-
tion or control of the Government of Sudan, includ-
ing the Darfur region, or an individual, company, or 
public agency located in Khartoum, northern Sudan, 
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or the Nile River Valley that supports the Republic 
of the Sudan. 
Æ 
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