Legislation
EO 2023-05
Status
In Effect
In Effect Since
July 2023
Type(s)
Anti-boycott, State Contracts, State Investments
Full Text
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This anti-boycott executive order prohibits state investment in and state contracts with entities that boycott Israel or Israeli-controlled territories, which would encompass illegal Israeli settlements. This order requires executive branch agencies to notify contracting parties that the agency “will not tolerate” any boycotting of Israel. This order also calls on executive branch agencies to divest  investments in companies found to be engaged in a boycott of Israel.

New Hampshire Governor Chris Sununu signed the executive order at an event in the state capital with Israel’s Ambassador to the UN Gilad Erdan. Earlier this year, the state legislature refused to pass similar legislation after advocates raised concerns about the chilling effect on freedom of expression in support of Palestinian rights.

Legislation
EO 2022-118 (2022)
Status
In Effect
In Effect Since
July 2023
Type(s)
Anti-boycott, State Contracts, State Investments
Full Text
Read EO 2022-118 (2022) 

This antisemitism redefinition executive order directs all state agencies to adopt and use the distorted IHRA definition of antisemitism, including its contemporary examples that target advocacy for Palestinian rights. State agencies are required to consider the IHRA definition for the purposes of determining whether an alleged act of discrimination was motivated by antisemitic intent. Additionally, the order requires the IHRA definition to be used as an educational tool for anti-bias training for state personnel.

Legislation
EO 13899
Status
In Effect
In Effect Since
July 2023
Type(s)
Anti-boycott, State Contracts, State Investments
Full Text
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This antisemitism redefinition executive order was signed by Donald Trump on December 11, 2019. The order directs government agencies charged with enforcing Title VI of the Civil Rights Act, including the Department of Education, to consider a distorted definition of antisemitism designed to censor advocacy for Palestinian rights. Attempts to pass similar legislation in Congress have failed to date (S 852, HR 4009 (2019), S 2940, HR 5924, S 10, HR 6421) following criticism from activists and civil liberties groups over the legislation’s clear encroachment on political speech.

The order incorporates the International Holocaust Remembrance Alliance (IHRA) definition and its problematic contemporary examples, which falsely conflate political criticism of Israel with antisemitism. Past efforts to deploy the redefinition to silence advocacy for Palestinian rights leave little doubt that the order will be used to justify federal investigations into Palestine activism on campuses while adding no new legal protections for Jewish or other students affected by a resurgence of violent white nationalist antisemitism and racism. Since the order was signed, there has been an uptick in federal complaints and investigations against campus Palestine advocacy.

Legislation
EO 261
Status
In Effect
In Effect Since
July 2023
Type(s)
Anti-boycott, State Contracts, State Investments
Full Text
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EO 261 is an anti-boycott executive order that prohibits state contracts with business entities that boycott Israel and allows state agencies to terminate a contract with a business entity that boycotts Israel during the term of the contract.

Legislation
EO 157
Status
In Effect
In Effect Since
July 2023
Type(s)
Anti-boycott, State Contracts, State Investments
Full Text
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This anti-boycott executive order creates a blacklist of institutions and companies that engage in political boycotts of Israel or persons doing business in Israel and prohibits state investment in blacklisted entities. Blacklisted entities can request removal from the list by providing written evidence that they are no longer engaged in prohibited boycotts. Governor Cuomo adopted the order following the failure of several legislative efforts targeting boycotts for Palestinian rights.

Legislation
EO 2020-01
Status
In Effect
In Effect Since
July 2023
Type(s)
Anti-boycott, State Contracts, State Investments
Full Text
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This anti-boycott executive order prohibits contracts with executive branch agencies unless contractors provide written certification that they have not engaged in boycotts of Israel related to the subject matter of the contract. Contractors that engage in such boycotts during the contract term may risk having their contracts terminated. The order provides an exception for companies with less than five employees and contracts under $100,000. 

Legislation
EO 01.01.2017.25
Status
In Effect
In Effect Since
July 2023
Type(s)
Anti-boycott, State Contracts, State Investments
Full Text
Read EO 01.01.2017.25 

This anti-boycott executive order prohibits executive agencies from entering into procurement contracts with business entities, including sole proprietorships, that engage in boycotts of Israel or territories occupied by Israel. Contractors must provide written certification that they are not and will not for the duration of the contract engage in such boycotts. The order does not apply to boycotts undertaken “because of the specific conduct of the person or entity,” meaning that boycotts for Palestinian rights targeting entities complicit in Israel’s violations would be excluded. Governor Hogan adopted the order following the failure of several legislative efforts targeting boycotts for Palestinian rights. A legal challenge to the executive order was dismissed after a judge found the plaintiff lacked standing.

Legislation
JBE 2018-15
Status
In Effect
In Effect Since
July 2023
Type(s)
Anti-boycott, State Contracts, State Investments
Full Text
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This anti-boycott executive order prohibits executive branch agencies from contracting with vendors that engage in boycotts of Israel or territories occupied by Israel. Contractors must provide written certification that they are not and will not for the duration of the contract engage in such boycotts. The order applies to contracts worth $100,000 or more and companies with five or more employees.

Legislation
2018-905
Status
In Effect
In Effect Since
July 2023
Type(s)
Anti-boycott, State Contracts, State Investments
Full Text
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This anti-boycott executive order prohibits state contracts unless they include a written certification that the contractor is not and will not for the duration of the contract engage in a “boycott of a person or an entity based in or doing business with a jurisdiction with which Kentucky can enjoy open trade.” The preambular language makes clear that the order is aimed at punishing boycotts for Palestinian rights, falsely claiming that BDS campaigns targeting Israel’s human rights violations amount to unlawful discrimination. 

During the signing ceremony, the governor said that Israeli Prime Minister Benjamin Netanyahu personally asked him to sign the measure after the state legislature refused to pass similar legislation earlier that year.