2023 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.