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

Thu Apr 16 18:23:27 UTC 2015

Yes, please.  And thank you!

Robin

On Apr 16, 2015, at 11:18 AM, León Felipe Sánchez Ambía wrote:

> 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 !
>>>> 
>>>> 
>>>> 
>>> 
>> 
> 
> 

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