Indiana Code 5-10.2-9-18. “Scrutinized company”
(1) Both of the following apply to the company:
Terms Used In Indiana Code 5-10.2-9-18
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- business operations: means engaging in any commerce in any form in Sudan. See Indiana Code 5-10.2-9-3
- company: means any of the following:
Indiana Code 5-10.2-9-4
- government of Sudan: refers to the government in Khartoum, Sudan, that is led by the National Congress Party (formally known as the National Islamic Front) or any successor government formed on or after October 13, 2006, including the coalition National Unity Government agreed upon in the Comprehensive Peace Agreement for Sudan. See Indiana Code 5-10.2-9-9
- marginalized populations of Sudan: includes the following:
Indiana Code 5-10.2-9-12
- military equipment: means weapons, arms, or military defense supplies provided directly or indirectly to any force actively participating in the conflict in Sudan. See Indiana Code 5-10.2-9-13
- mineral extraction activities: means the exploration, extraction, processing, transporting, or wholesale sale of elemental minerals or associated metals or oxides, including:
Indiana Code 5-10.2-9-14
- oil related activities: includes :
Indiana Code 5-10.2-9-15
- power production activities: means any business operation that involves a project commissioned by the National Electricity Corporation of Sudan or other similar entity of the government of Sudan whose purpose is to facilitate power generation and delivery. See Indiana Code 5-10.2-9-16
- social development company: means a company whose primary purpose in Sudan is to provide humanitarian goods or services, including:
Indiana Code 5-10.2-9-19
- substantial action: means :
Indiana Code 5-10.2-9-20
(i) the government of Sudan;
(ii) companies in which the government of Sudan has any direct or indirect equity share;
(iii) consortiums or projects commissioned by the government of Sudan; or
(iv) companies involved in consortiums or projects commissioned by the government of Sudan.
(B) Either:
(i) more than ten percent (10%) of the company’s revenues or assets linked to Sudan involve oil related activities or mineral extraction activities, and less than seventy-five percent (75%) of the company’s oil related or mineral extracting revenues or assets linked to Sudan involve contracts with the regional government of southern Sudan or a project or consortium created exclusively by the regional government, and the company has failed to take substantial action; or
(ii) more than ten percent (10%) of the company’s revenues or assets linked to Sudan involve power production activities and less than seventy-five percent (75%) of the company’s power production activities include projects that are intended to provide power or electricity to the marginalized populations of Sudan, and the company has failed to take substantial action.
(2) The company is complicit in the Darfur genocide.
(3) The company supplies military equipment within Sudan, unless the company implements safeguards to prevent the use of the equipment by forces actively participating in armed conflict in Sudan. This subdivision does not apply to companies involved in the sale of military equipment solely to the regional government of southern Sudan or any internationally recognized peacekeeping force or humanitarian organization.
(b) The term does not include a social development company that is not complicit in the Darfur genocide.
As added by P.L.149-2007, SEC.3.