§ 54-06-41 — Investments - Prohibition - Israel boycott

1. As used in this section "boycott Israel" means engaging in refusals to deal, terminating
business activities, or other similar commercial actions intended to limit commercial
relations with persons doing business in Israel or in Israeli-controlled territories when
the actions are taken:
a. In compliance or adherence to calls for a boycott of Israel, other than those
boycotts under Public Law No. 96-72 [50 U.S.C. 2407(c)]; or
b. In a manner that discriminates on the basis of nationality, national origin, or
religion.
2. Notwithstanding any other provision of law, the state may not adopt any investment
policy that would have the effect of requiring or inducing any person to boycott Israel.
3. If the state receives evidence that a company boycotts Israel, the state shall determine
whether the company boycotts Israel. If accompanied by the conduct described under
subsection 1, a company statement that indicates the company is participating in a
boycott of Israel or has taken boycott action at the request, in compliance with, or in
furtherance of calls for a boycott of Israel, may be considered as one type of evidence
that the company is participating in a boycott of Israel. An expressive activity, alone,
directed at a specific person or a governmental action may not be considered
evidence of a boycott of Israel.