(a)        N.C. Gen. Stat. § 147-86.60 does not apply to contracts valued at one thousand dollars ($1,000) or less.

(b)        Companies engaged in substantial positive action. – Notwithstanding any other provision of this Article, a company engaged in investment activities in Iran may not be placed on the list developed pursuant to N.C. Gen. Stat. § 147-86.58(1) if the State Treasurer determines, using U.S. government statements and any other credible information available to the public, that the company’s investment activities in Iran were made before October 1, 2015, the investment activities in Iran have not been expanded or renewed after October 1, 2015, and the company has adopted, publicized, and is implementing a detailed plan to cease the investment activities in Iran and to refrain from engaging in any new investments in Iran. The State Treasurer shall develop and make publically available a “Substantial Positive Action Exception List” of these companies. The State Treasurer shall update the list annually. Once a person has not engaged in investment activities in Iran within the previous five years, the State Treasurer shall remove that person from the list created pursuant to N.C. Gen. Stat. § 147-86.58

(c)        Necessary commodities or services. – Notwithstanding any other provision of this Article, a company engaged in investment activities in Iran may contract with the State or a political subdivision of the State, on a case-by-case basis, if the State agency or political subdivision makes a good-faith determination that the commodities or services are necessary to perform its functions and that, absent such an exemption, the State agency would be unable to obtain the commodities or services for which the contract is offered. The determination shall be entered into the procurement record. ?(2015-118, s. 1; 2017-193, s. 3.6.)

Terms Used In North Carolina General Statutes 147-86.61

  • Company: means any sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, limited liability company, or other entity or business association, including all wholly owned subsidiaries, majority-owned subsidiaries, parent companies, or affiliates of those entities or business associations. See North Carolina General Statutes 147-86.57
  • Contract: A legal written agreement that becomes binding when signed.
  • Investment: means a commitment or contribution of funds or property, whatever the source, a loan or other extension of credit, and the entry into or renewal of a contract for goods or services. See North Carolina General Statutes 147-86.57
  • Iran: includes the Government of Iran and any agency or instrumentality of Iran. See North Carolina General Statutes 147-86.57
  • Person: means any of the following:

    a. See North Carolina General Statutes 147-86.57

  • state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3
  • State agency: means any board, commission, department, executive department, officer, institution, and any political subdivision of the State. See North Carolina General Statutes 147-86.57