[CCWG-ACCT] [Ws2-jurisdiction] Jurisdiction Subgroup Draft Report for CCWG-Accountability Plenary Review

[Greg Shatan]

Seun,

We are not asking ICANN to seek exemptions for those on the SDN list.  This
has never been discussed and may not even possible.  The licenses allow
nationals of sanctioned countries to engage in transactions that would
otherwise be prohibited because of their nationality.

Greg

On Wed, Oct 18, 2017 at 2:19 PM, Seun Ojedeji <seun.ojedeji at gmail.com>
wrote:

> Hello Greg, all
>
> I like to quote 2 sections from our current draft:
>
> "These  sanctions  have  been  imposed  on  certain  countries,  as  well
> as individuals  and  entities  that  appear  on  OFAC's List  of
> Specially  Designated  Nationals  and Blocked  Persons  (the  "SDN
> List").  ICANN  is  prohibited  from  providing  most  goods  or services
> to  residents  of  sanctioned  countries  or  their  governmental
> entities  or  to  SDNs without  an  applicable  U.S. government
> authorization or  exemption."
>
> Our recommendation:
>
> "ICANN  should  commit  to  applying  for  and  using  best  efforts  to
> secure  an  OFAC  license  for  all such  applicants  if  the  applicant
> is  otherwise  qualified  (and  is  not on  the  SDN  list)"
>
> Please pay attention to the phrases in bracket of both paragraphs. Am i
> right if I understand this to mean we are actually not asking ICANN to seek
> exemption for those on the SDN list? (If the response if a Yes then kindly
> read further below)
>
> If I may, how does our recommendation serve as improvement from the status
> quo? I mean what category of applicants will start to feel the positive
> impact of our recommendation?
>
> Regards
>
> Sent from my mobile
> Kindly excuse brevity and typos
>
> On Oct 13, 2017 3:29 AM, "Greg Shatan" <gregshatanipc at gmail.com> wrote:
>
>> All,
>>
>> One of the Subgroup members pointed out a minor editing error in the
>> document.  On pages 13-14, there were several mentions of the RAA, when in
>> fact the language quoted and discussed was from the ICANN Terms and
>> Conditions for Registrar Accreditation Application.  (The reference was
>> correct in the Executive Summary.)  This has now been fixed in the attached.
>>
>> Greg
>>
>> On Thu, Oct 12, 2017 at 10:10 PM, Greg Shatan <gregshatanipc at gmail.com>
>> wrote:
>>
>>> All,
>>>
>>> Some minor formatting errors crept into the Report when it was converted
>>> from Word to PDF.  A new PDF of the report is attached. I've checked each
>>> page to confirm that the formatting errors were resolved.
>>>
>>> Thank you to Jorge Cancio for catching this problem!
>>>
>>> Greg
>>>
>>> On Wed, Oct 11, 2017 at 7:53 PM, Greg Shatan <gregshatanipc at gmail.com>
>>> wrote:
>>>
>>>> All,
>>>>
>>>> I am pleased to submit the Draft Report from the Jurisdiction Subgroup
>>>> for consideration by the CCWG-Accountability Plenary.
>>>>
>>>> It is my understanding that a minority viewpoint is expected to be
>>>> submitted.  In the interests of time, this will be submitted to the Plenary
>>>> separately from the Draft Report.
>>>>
>>>> *During the preparation of the OFAC Recommendation, the Subgroup
>>>> considered an email where a registrar declined to do business with a
>>>> potential reseller, based on the registrar’s policy of not doing business
>>>> with people with Iranian passports.  The Subgroup also learned that this
>>>> registrar, which had been registering domains for a number of Iranian
>>>> nationals, refused to continue to do business with them.  The Subgroup has
>>>> concluded that, to the extent these instances are related to OFAC, the
>>>> concerns raised by these instances are adequately covered in the
>>>> Recommendation already without any additional changes.  This is not in any
>>>> way a comment on the validity of these particular concerns.  The Subgroup
>>>> will consider creating "stress tests" based on these scenarios.*
>>>>
>>>> I look forward to the Plenary's reading of the Draft Report.
>>>>
>>>> Best regards,
>>>>
>>>> Greg Shatan
>>>> *Rapporteur*
>>>>
>>>
>>>
>>
>> _______________________________________________
>> Ws2-jurisdiction mailing list
>> Ws2-jurisdiction at icann.org
>> https://mm.icann.org/mailman/listinfo/ws2-jurisdiction
>>
>>
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mm.icann.org/pipermail/accountability-cross-community/attachments/20171018/a4eea180/attachment.html>