NY Pub Auth L § 2879-C (2021)
2021 New York Laws PBA - Public Authorities Article 9 - General Provisions Title 4 - Contracts of Public Authorities 2879-C - Iranian Energy Sector Divestment.

§  2879-c.  Iranian  energy  sector  divestment.  1.  As  used in this section:   a. "Energy sector" shall have the same meaning as defined in paragraph (a) of subdivision one of section one hundred sixty-five-a of the  state finance law.   b.  "Financial  institution" shall have the same meaning as defined in paragraph (b) of subdivision one of section one hundred sixty-five-a  of the state finance law.   c.  "Investment"  shall  have the same meaning as defined in paragraph (c) of subdivision one of section one hundred sixty-five-a of the  state finance law.   d.  "Iran"  shall have the same meaning as defined in paragraph (d) of subdivision one of section one hundred sixty-five-a of the state finance law.   e. "Person" shall have the same meaning as defined in paragraph (e) of subdivision one of section one hundred sixty-five-a of the state finance law.   2. For purposes of  this  section,  a  person  engages  in  investment activities in Iran if:   a.  The person provides goods or services of twenty million dollars or more in the energy sector of Iran, including a person that provides  oil or  liquefied  natural  gas  tankers,  or  products used to construct or maintain pipelines used to transport oil or liquefied natural  gas,  for the energy sector of Iran; or   b.  The  person is a financial institution that extends twenty million dollars or more in credit to another  person,  for  forty-five  days  or more, if that person will use the credit to provide goods or services in the energy sector in Iran.   3.  Notwithstanding  any  other provision of this chapter or any other law to the contrary, no state or local public authority or an interstate or international authority, or subsidiary thereof, shall enter into  any contract for work or services performed or to be performed or goods sold or  to  be  sold,  with  a  person  that is identified on a list created pursuant to paragraph (b) of subdivision three of  section  one  hundred sixty-five-a of the state finance law as a person engaging in investment activities in Iran as described in subdivision two of this section.   4.  Notwithstanding  any  other provision of this chapter or any other law to the contrary, every contract entered into with a state  or  local public authority or an interstate or international authority for work or services performed or to be performed or goods sold or to be sold, shall contain the following statement subscribed by and affirmed by the person entering into the contract as true under the penalties of perjury:   a.  "By  signing this contract, each person and each person signing on behalf of any other party certifies, and in the case of a joint  bid  or partnership  each  party  thereto  certifies as to its own organization, under penalty of perjury, that to the best of its knowledge  and  belief that each person is not on the list created pursuant to paragraph (b) of subdivision 3 of section 165-a of the state finance law."   b.  Notwithstanding  paragraph a of this subdivision, the statement of non-investment  in  the  Iranian  energy   sector   may   be   submitted electronically.   c.  A  contract  shall  not  be  considered  nor shall any contract be entered into where the condition  set  forth  in  paragraph  a  of  this subdivision  has  not  been complied with; provided, however, that if in any case the person cannot make the foregoing certification, the  person shall  so  state  and shall furnish with the contract a signed statement which sets forth in detail the reasons therefor. A public authority  may award  or  enter  into  a  contract  with  a  person who cannot make the  certification  pursuant  to  paragraph  a  of  this  subdivision  on   a case-by-case basis if:  (1)  The  investment activities in Iran were made before the effective date of this section, the investment activities in Iran  have  not  been expanded  or  renewed  after the effective date of this section, and the person has adopted, publicized, and is implementing  a  formal  plan  to cease  the investment activities in Iran and to refrain from engaging in any new investments in Iran; or  (2) The public authority makes  a  determination  that  the  goods  or services are necessary for the public authority to perform its functions and that, absent such an exemption, the public authority would be unable to  obtain the goods or services for which the contract is offered. Such determination shall be made in writing and shall be a public document.