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Israel: Arkansas' Act 710

U of A System talks compliance

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It would be hard for any American not to be aware of the armed conflict between Isreal and Hamas-led Palestinian militant groups that continues to rage throughout the Middle East.

Arkansas Attorney General Tim Griffin recently joined other state Attorneys General in an effort to thwart anti-Semitism on college campuses.

“Nearly three-fourths of the states have laws that prohibit them from contracting with, investing in, or otherwise doing business with entities that discriminate against Israel, Israelis, or those who do business with either. Arkansas’s law places our state among those aggressively combating antisemitic conduct, and it has survived federal court challenge,” Griffin said in an August press release concerning Brown University in Rhode Island.

In 2017, state Senator Bart Hester introduced an anti-Semitic Boycott, Divestment, and Sanctions (BDS) bill during the legislative session.

An overwhelming majority of state legislators voted for the bill.

Asa Hutchinson, who was then the state's governor, signed the bill on March 27, 2017.

Act 710 states that the State of Arkansas or any of its agencies (including colleges and universities) cannot contract for any good or service valued at more than $1,000 with any company that is regarded as engaging in a boycott of Israel or that has investments in companies that boycott Israel.

The act does not apply to contracts worth less than $1,000, or to companies that offer to provide the goods or services for at least 20 percent less than the lowest price quoted by a business that has complied with the certification requirement.

Sam Dubke, communications director for Governor Sarah Sanders told South Arkansas Reckoning, “Governor Sanders is a staunch supporter of Israel and supports laws that prevent anti-Israel activists from using taxpayer-funded platforms to spread their pro-terrorist message.”

Individuals and companies that want to enter into a contract in Arkansas must sign a form that clearly certifies that they do not boycott Israel and that they will refrain from doing so for the duration of the contract.

Act 710 was a topic of an email last June among several university officials, obtained by the Reckoning under an Arkansas Freedom of Information request.

The email discusses when the “anti Isreal-boycott clause is required” in addition to other limitations in the statutes.

“The clause does not need to be included in contracts with a government entity, as opposed to contracts with a company or person acting as sole proprietor,” the email states.

It also adds: “Watch for contracts with non-sovereign entities like municipalities.”

The Department of Shared Services has a form for entities that includes the Israel Boycott Restriction along with three others — “Illegal Immigrant Restriction,” “Energy, Fossil Fuel, Firearms, and Ammunition Industries Boycott Restrictions” and “Scrutinized Company Restriction.”

A “scrutinized company” is a company owned in whole or with a majority ownership by the government of the “People's Republic of China.”

Other states have followed Arkansas’ lead over the years.

Griffin signed on to a letter last week with other attorneys general concerning Columbia University in South Carolina New York.

Griffin said in a release: “Since the Hamas attack on Israel last October, antisemitism has grown on university campuses, including Columbia University. Earlier this month, one Columbia anti-Israel student group advocating divestment rescinded its apology of a member’s remark about killing Zionists.

“In spite of antisemitic protests on its campus, Columbia has held the line against the BDS movement and should be commended for it. Our coalition urges Columbia to continue this position in the face of antisemitism from pro-Palestinian student groups while balancing student speech rights.”

The Reckoning asked Griffin's office who enforces Act 710 in Arkansas.

Griffin's spokesman Jeff LeMaster, said, “Each public entity that enters into contracts is responsible for ensuring compliance with Act 710.”

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