HARRY HUGHES, Governor

2509

(C) IN ANY PROCUREMENT THAT INCLUDES BIDDERS OR OFFERORS
WHO ARE ON THE APPARTHEID LIST, THE STATE AGENCY MAY AWARD THE
CONTRACT TO A PERSON ON THE APARTHEID LIST ONLY IF THERE IS NO
COMPARABLE LOW BID OR OFFER BY A PERSON WHO IS NOT ON THE
APARTHEID LIST.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall

take effect July 1, 1986.

(B) (1) "DOING BUSINESS WITH OR IN SOUTH AFRICA" MEANS;

(I) HAVING ANY OPERATIONS OR A MAJORITY OWNED
SUBSIDIARY IN THE REPUBLIC OF SOUTH AFRICA THAT EMPLOYS MORE THAN
20 EMPLOYEES;

(II) PROVIDING FINANCIAL SERVICES TO THE
GOVERNMENT OF THE REPUBLIC OF SOUTH AFRICA, INCLUDING PROVIDING
DIRECT LOANS, UNDERWRITING GOVERNMENT SECURITIES, OR PROMOTING
THE SALE OF GOLD COINS FROM SOUTH AFRICA; OR

(III) PROVIDING ANY SUPPLIES OR SERVICES TO THE
GOVERNMENT OF THE REPUBLIC OF SOUTH AFRICA EXCEPT SUPPLIES OR
SERVICES PROVIDED FOR AN EDUCATIONAL, MEDICAL, CHARITABLE, OR
RELIGIOUS PURPOSE.

(2) "DOING BUSINESS WITH OR IN SOUTH AFRICA" DOES NOT
INCLUDE COMPANIES OR PERSONS WHO MAINTAIN A CONSULTING CONTRACT
WHO ARE COMPLETING A LIMITED CONSULTING CONTRACT IN EXISTENCE ON
THE DATE OF ENACTMENT OF THIS SUBTITLE IN SOUTH AFRICA THAT WAS
ENTERED INTO AS A RESULT OF THE COMPANY DIVESTING ITSELF OF ALL
BUSINESS PROPERTY AND OPERATIONS IN SOUTH AFRICA.

18-902.

(A) EXCEPT AS OTHERWISE PROVIDED IN THIS SUBTITLE, A STATE
AGENCY MAY NOT KNOWINGLY PROCURE ANY FINISHED SUPPLIES THAT ARE
PRODUCED OR MANUFACTURED IN THE REPUBLIC OF SOUTH AFRICA.

(B) A STATE AGENCY MAY PROCURE FINISHED SUPPLIES PRODUCED
OR MANUFACTURED IN THE REPUBLIC OF SOUTH AFRICA IF:

(1) A CERTIFICATION UNDER § 18-903(A) OF THIS
SUBTITLE IS PROVIDED; OR

(2) THE AGENCY HEAD DETERMINES IN WRITING THAT;

(I) THE PROCUREMENT IS ESSENTIAL; AND

(II) THERE IS NO OTHER AVAILABLE SOURCE KNOWN
TO THE STATE AGENCY THAT WILL PROVIDE THE SUPPLIES AT A
REASONABLE COST.

18-903.