(a) As used in this section, the following definitions shall apply: (1) âActive business operationsâ means a company engaged in business operations that provide revenue to the government of Sudan or a company engaged in oil-related activities. (2) âBoardâ means the Board of Administration of the Public Employeesâ Retirement System or the Teachersâ Retirement Board of the State Teachersâ Retirement System, as applicable. (3) âBusiness operationsâ means maintaining, selling, or leasing equipment, facilities, personnel, or any other apparatus of business or commerce in Sudan, including the ownership or possession of real or personal property located in Sudan. (4) âCompanyâ means a sole proprietorship, organization, association, corporation, partnership, venture, or other entity, its subsidiary or affiliate that exists for profitmaking purposes or to otherwise secure economic advantage. âCompanyâ also means a company owned or controlled, either directly or indirectly, by the government of Sudan, that is established or organized under the laws of or has its principal place of business in the Republic of the Sudan. (5) âGovernment of Sudanâ means the government of Sudan or its instrumentalities. (6) âInvestâ or âinvestmentâ 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 subdivision of Sudan, 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 company. (7) âMilitary equipmentâ means weapons, arms, or military defense supplies. (8) âOil-related activitiesâ means, but is not limited to, the export of oil, extracting or producing oil, exploration for oil, or the construction or maintenance of a pipeline, refinery, or other oil field infrastructure. (9) âPublic employee retirement fundsâ means the Public Employeesâ Retirement Fund described in Section 20062 of this code, and the Teachersâ Retirement Fund described in Section 22167 of the Education Code. (10) âResearch firmâ means a reputable, neutral third-party research firm. (11) âSubstantial actionâ means a boycott of the government of Sudan, curtailing business in Sudan until that time described in subdivision (m), selling company assets, equipment, or real and personal property located in Sudan, or undertaking significant humanitarian efforts in the eastern, southern, or western regions of Sudan. (12) âSudanâ means the Republic of the Sudan, a territory under the administration or control of the Sudan, including but not limited to, the Darfur region, or an individual, company, or public agency located in Khartoum, northern Sudan, or the Nile River Valley that supports the Republic of the Sudan. (b) The board shall not invest public employee retirement funds in a company with business operations in Sudan that meets all of the following criteria: (1) The company is engaged in active business operations in Sudan. If that company is not engaged in oil-related activities, that company also lacks significant business operations in the eastern, southern, and western regions of Sudan. (2) Either of the following apply: (A) The company is engaged in oil-related activities or energy or power-related operations, or contracts with another company with business operations in the oil, energy, and power sectors of Sudan, and the company failed to take substantial action related to the government of Sudan because of the Darfur genocide. (B) The company has demonstrated complicity in the Darfur genocide. (c) Notwithstanding subdivision (b), the board shall not invest public employee retirement funds in a company that supplies military equipment within the borders of Sudan. If a company provides equipment within the borders of Sudan that may be readily used for military p
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