[Acct-Legal] Fwd: ICANN Accountability /Sanctions/Membership model

[List for the work of CCWG-Accountability Legal SubTeam]

Thanks Sam,

I think all input is welcome and may help flesh out other questions.


Best regards,


León

> El 16/04/2015, a las 13:06, Samantha Eisner <Samantha.Eisner at icann.org> escribió:
> 
> Can I try to answer this first with ICANN experience?  We can have
> something later today that if necessary to have tested by external folks,
> we can...
> 
> On 4/16/15, 10:42 AM, "ccwg-accountability5 at icann.org"
> <ccwg-accountability5 at icann.org> wrote:
> 
>> Dear Legal Sub-Team,
>> 
>> I've received the below question from a stakeholder group member about
>> the implications of the US law, Office of Foreign Assets Control (OFAC)
>> under the Membership Model under consideration that I believe warrants an
>> answer from our legal experts.
>> 
>> Note: OFAC acts to prevent "prohibited transactions", which are
>> considered trade or financial transactions and other dealings in which US
>> persons [such as ICANN] may not engage unless authorized by OFAC or
>> expressly exempted by statute.  OFAC enforces economic sanctions against
>> countries, businesses, or groups of individuals, using the blocking of
>> assets and trade restrictions to achieve US foreign policy and national
>> security goals.  
>> 
>> Will it be more difficult for participants in countries that are on the
>> US's naughty list (like Iran, Cuba, Syria) to be able to participate in
>> the reformed ICANN and to fully exercise equal rights given this US trade
>> law OFAC?  Will they need to apply for and obtain a special exemption
>> from OFAC in order to do so?  Does it make a difference between the two
>> models under consideration how this law will impact participation from
>> individuals in those countries?
>> 
>> Thanks,
>> Robin
>> 
>> Begin forwarded message:
>> 
>>> Dear all
>>> 
>>> I need some clarification regarding  the designators / membership
>>> models that  were introduced to enhance the accountability of ICANN.
>>> 
>>> I have not looked into the details of these recommendations, I totally
>>> understand that membership is not at individual level but I would very
>>> much like to know how the intake of members by the constituencies work
>>> if we were to choose one of the models or if any other model is
>>> proposed. 
>>> 
>>> 
>>> I am interested in knowing how the membership intake is regulated. Will
>>> the constituencies remain autonomous in selecting their members?  If the
>>> intake is also regulated as it is with associations members then it
>>> might well be subject to the US sanction law that are applied to several
>>> countries. Therefore those located in countries sanctioned by the US
>>> cannot become members ! or it may cost alot.
>>> 
>>> This might not even be an issue and I might be off track and ignorant
>>> about this but getting an early clarification is better .
>>> 
>>> Now you might ofcourse say that but the membership has nothing to do
>>> with financial transactions (which it might have sometimes). Please
>>> don't get me started. ISOC has more than once rejected the establishment
>>> of an Iran ISOC chapter with a very generic answer! stating  their great
>>> reason: OFAC doesnt let them ! But ofcourse that is wrong and ISOC can
>>> ask OFAC for a license but they won't bother, there might be other
>>> problems as well. Anyhow, ICANN has been dealing with OFAC very well so
>>> far. but I don't know what will happen in the future. So an answer from
>>> someone who knows better is much appreciated !
>>> 
>>> 
>>> 
>> 
>