As used in this article, the following definition applies:
“Scrutinized company” means a company in Sudan that is involved in power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, but excludes a company that can demonstrate any of the following:
(a)
Its business operations are conducted under contract directly and exclusively with the regional government of southern Sudan.
(b)
Its business operations are conducted under a license from the Office of Foreign Assets Control, or are expressly exempted under federal law from the requirement to be conducted under such a license.
(c)
Its business operations consist of providing goods or services to marginalized populations of Sudan.
(d)
Its business operations exclusively consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization.
(e)
Its business operations consist of providing goods or services that are used only to promote health or education.
(f)
Its business operations with the Government of Sudan will be voluntarily suspended for the entire duration of the contract for goods or services for which they have bid on, or submitted a proposal for, a contract with a state agency.
(g)
It has adopted, publicized, and is implementing a formal plan to cease business operations within one year and to refrain from conducting any new business operations.