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Thursday, May 18, 2006

CalPERS Makes Sudan Divestment Decision
Submitted by: Jan Fetter-Degges, Senior Research Analyst

Yesterday, the California Public Employees Retirement System (CalPERS) board announced that it would not permit its fund managers to buy shares in nine companies that do business in Sudan. (CalPERS does not currently own stock in any of the companies.) The list of prohibited companies (Bharat Heavy Electrical Ltd., China Petroleum and Chemical Corp., Nam Fatt Co., Oil & Natural Gas Co., PECD Bhd., PetroChina Co., Sudan Telecom Co., Tatneft OAO; and Videocon Industries Ltd.) is identical to that released by the University of California Regents in March. These companies, a CalPERS position statement said, "were clearly shown to be providing monetary or military support to the Sudan government, while showing little or no interest in the violence in Darfur or in helping to improve the welfare of the Sudanese people."

Companies associated with atrocities in Sudan pose "a serious risk to creating sustainable and responsible long-term value," a CalPERS Investment Committee staff memo dated May 15 reads. These risks include "federal and international sanctions, substantial fines and penalties imposed by authorities, an impairment of [companies'] ability to raise capital in public markets as well as long term reputational damage," the memo continued. "There is no place in for these companies in our portfolio until the atrocities and human rights violations end," CalPERS Board president Rob Feckner said in a press release.

CalPERS will continue its current policy of "constructive engagement" with companies in its portfolio that have ties to Sudan, CalPERS Investment Committee Chair Charles P. Valdes said in a CalPERS press release. Such engagement "means identifying companies that have a presence in Sudan, determining the impact of their business on human rights, and demanding that they respond to our concerns." Last month, CalPERS sent letters to 11 companies in its portfolio that it had recently identified as active in Sudan. The letters asked the companies to clarify their involvement in Sudan, including information on whether the companies are doing "anything to promote and/or protect human rights" in light of ongoing atrocities. CalPERS sent similar letters to five companies last summer and met with representatives of those companies this winter.

The divestment decision is part of CalPERS' continuing compliance with a resolution passed by the state legislature last year, asking CalPERS and the California State Teachers Retirement System (CalSTRS) to examine their holdings in companies doing business in Sudan in order to ensure that their investments are not furthering human rights abuses. In April, the CalSTRS board adopted a motion stating that the system would "move forward to divest its holdings from companies identified as doing business with the government of Sudan," using "the same general criteria utilized by the UC Regents."

A bill that would mandate CalPERS and CalSTRS divestment from Sudan is pending in California's legislature.

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