[Ccwg-auctionproceeds] Notes and action items from new gTLD Auction Proceeds CCWG meeting

Sylvia Cadena sylvia at apnic.net
Wed Jul 25 07:08:16 UTC 2018


I have requested an external legal opinion to understand the implications of recommending scenario #1 to the board. I will not support scenario number 1 if that is not clear. I am 100% sure many on the ICANN community will object and react quite strongly to funding allocations that can’t support the communities they serve.

I am NOT saying that the CCWG should try to look into how to avoid any applicable law.

This is NOT going to far into implementation at all. This is a very important part of the basic -very basic- framework.



————

Sylvia Cadena | APNIC Foundation - Head of Programs | sylvia at apnic.net<mailto:sylvia at apnic.net> | http://www.apnic.foundation<http://www.apnic.foundation/>
ISIF Asia, WSIS Champion on International Cooperation 2018 | http://www.isif.asia<http://www.isif.asia/> | FB ISIF.asia | @ISIF_Asia | G+ ISIFAsia |
6 Cordelia Street, South Brisbane, QLD,  4101 Australia<x-apple-data-detectors://5> | PO Box 3646 | +10 GMT | skypeID: sylviacadena | Tel: +61 7 3858 3100<tel:+61%207%203858%203100> |  Fax: +61 7  3858 3199<tel:3858%203199>
* Love trees. Print only if necessary.


On 25 Jul 2018, at 4:10 pm, James Gannon <james at cyberinvasion.net<mailto:james at cyberinvasion.net>> wrote:

Hi Sylvia,

I don’t think any legal opinion is going to tell us there is a mechanism to avoid applicable law...

Neither can any form that the CCWG recommends place the core function of ICANN at risk. That needs to be priority one.

I think his is too far into implementation for the CCWG at this point and we need to accept that there will be restrictions due to sanctions no matter what form location jurisdiction etc is selected


Sent from my iPhone

On 25 Jul 2018, at 06:27, Sylvia Cadena <sylvia at apnic.net<mailto:sylvia at apnic.net>> wrote:

This issue about being able to support/ accept proposals/applications from the whole world has been an issue expressed and supported by many of us. It is indeed a serious point to consider to support scenario 1 and having ICANN administering the whole process as part of the ICANN organization.

The list of US sanctioned jurisdictions is growing -unfortunately- and the ICANN community is an international one. The source of the funding from the auction proceeds is also international, is does not come from the US government.

I would like to request an external legal opinion on this. Although I do value and respect the input provide by the ICANN legal team, but I do not thing the CCWG should rely only on the legal opinion of who will “benefit” from the decision to support the scenario where ICANN manages the funding.

Regards,

Sylvia

---------

Sylvia Cadena | APNIC Foundation - Head of Programs | sylvia at apnic.net<mailto:sylvia at apnic.net> | http://www.apnic.foundation
ISIF Asia, WSIS Champion on International Cooperation 2018 | http://www.isif.asia | FB ISIF.asia | @ISIF_Asia | G+ ISIFAsia |
6 Cordelia Street, South Brisbane, QLD,  4101 Australia | PO Box 3646 | +10 GMT | skypeID: sylviacadena | Tel: +61 7 3858 3100 |  Fax: +61 7  3858 3199
* Love trees. Print only if necessary.


From: Ccwg-auctionproceeds <ccwg-auctionproceeds-bounces at icann.org<mailto:ccwg-auctionproceeds-bounces at icann.org>> on behalf of Samantha Eisner <Samantha.Eisner at icann.org<mailto:Samantha.Eisner at icann.org>>
Date: Wednesday, 25 July 2018 at 7:59 am
To: Maureen Hilyard Hilyard <maureen.hilyard at gmail.com<mailto:maureen.hilyard at gmail.com>>, Marilyn Cade <marilynscade at hotmail.com<mailto:marilynscade at hotmail.com>>
Cc: "ccwg-auctionproceeds at icann.org<mailto:ccwg-auctionproceeds at icann.org>" <ccwg-auctionproceeds at icann.org<mailto:ccwg-auctionproceeds at icann.org>>
Subject: Re: [Ccwg-auctionproceeds] Notes and action items from new gTLD Auction Proceeds CCWG meeting

In response to Maureen’s question below (Have ICANN assured us that they would not have a problem with sending grants to NGOS anywhere in the world?), the answer is:

ICANN will be able to send grants to NGOs anywhere in the world that are: (1) not under sanction by the US; and (2) that meet the due diligence requirements sufficient to demonstrate that they are proper recipients of a grant from a U.S. 501(c)(3).

In our initial memo produced for the CCWG (available at https://community.icann.org/download/attachments/58730906/May%202016%20-%20Note%20to%20Auction%20Proceeds%20Charter%20DT%20re%20legal%20and%20fiduciary%20principles-UPDATED.doc?version=1&modificationDate=1466697425000&api=v2), we detailed that it is fully possible to have a grant program that is not limited only to US 501(c)(3) organizations,  relying instead on due diligence over the grantee.  We committed early on that it was important that this program not be limited to the U.S.  From that aspect, Marilyn’s example of the ability of grantmaking to entities in Afghanistan should be entirely feasible.

However, the first question that kicked off the discussion below was actually focused on a different issue: whether ICANN’s need to follow sanctions rules could bar ICANN from allowing a grant to be given to an entity under sanctions. The answer to that is YES. Carolina raised this question using the specific example of entities in Venezuela ("I would like to know if there any country restrictions for non-US grants. For example, would organizations based in Venezuela which today faces US sanctions be eligible to apply?”) To be clear, there is no jurisdiction that we could select to house a disbursement mechanism that that would relieve ICANN of following these sanctions laws.  Compliance with OFAC rules and other applicable sanctions regimes must be followed in the grant making process.   As a result, even if an applicant was located in the U.S. but was subject to sanctions, a grant from the auction proceeds could not go to that applicant.


—
Samantha Eisner
Deputy General Counsel, ICANN
12025 Waterfront Drive, Suite 300
Los Angeles, California 90094
USA
Direct Dial: +1 310 578 8631

From: Ccwg-auctionproceeds <ccwg-auctionproceeds-bounces at icann.org<mailto:ccwg-auctionproceeds-bounces at icann.org>> on behalf of Maureen Hilyard <maureen.hilyard at gmail.com<mailto:maureen.hilyard at gmail.com>>
Date: Monday, July 23, 2018 at 1:47 PM
To: Marilyn Cade <marilynscade at hotmail.com<mailto:marilynscade at hotmail.com>>
Cc: "ccwg-auctionproceeds at icann.org<mailto:ccwg-auctionproceeds at icann.org>" <ccwg-auctionproceeds at icann.org<mailto:ccwg-auctionproceeds at icann.org>>
Subject: Re: [Ccwg-auctionproceeds] Notes and action items from new gTLD Auction Proceeds CCWG meeting

Yes Carolina and Marilyn, a very interesting perspective.

Have ICANN assured us that they would not have a problem with sending grants to NGOS anywhere in the world?

From my perspective too, it seems a bit of a conflict that ICANN who is very reluctant to even reimburse hard-working ICANN constituency volunteers for expenses that they may pay out from their own pocket to attend ICANN meetings and/or to carry out outreach and other work in the regions that promote and support ICANN's mission, is being considered as the distributor of  large sums of grant money to other outside personnel and organisations to do the same.

Just a thought.

On Mon, Jul 23, 2018 at 10:26 AM, Marilyn Cade <marilynscade at hotmail.com<mailto:marilynscade at hotmail.com>> wrote:

This is an interesting topic, but needs to have more exploration before assumptions are "declared".



In May, I was in Afghanistan, and two major corporations were there, describing their capacity building programs, funded by their CSR programs.  they saw no barriers to making contribution to the NGOs they were supporting.



I was recently in another country where there is high assertion of fraud, and there were  NGOs who could only do their capacity building because of contributions from US based entities, ranging from companies to Foundations, to USG.



Some countries have unique challenges, but we can't and should not design a program based on exception.

________________________________
From: Ccwg-auctionproceeds <ccwg-auctionproceeds-bounces at icann.org<mailto:ccwg-auctionproceeds-bounces at icann.org>> on behalf of Vanda Scartezini <vanda at scartezini.org<mailto:vanda at scartezini.org>>
Sent: Monday, July 23, 2018 2:59 PM
To: Carolina Caeiro; ccwg-auctionproceeds at icann.org<mailto:ccwg-auctionproceeds at icann.org>; Marika Konings

Subject: Re: [Ccwg-auctionproceeds] Notes and action items from new gTLD Auction Proceeds CCWG meeting


Some US organization cannot give grants to many other countries under specific restrictions or not.



Vanda Scartezini

Polo Consultores Associados

Av. Paulista 1159, cj 1004

01311-200- Sao Paulo, SP, Brazil

Land Line: +55 11 3266.6253

Mobile: + 55 11 98181.1464

Sorry for any typos.











From: Ccwg-auctionproceeds <ccwg-auctionproceeds-bounces at icann.org<mailto:ccwg-auctionproceeds-bounces at icann.org>> on behalf of Carolina Caeiro <carolina at lacnic.net<mailto:carolina at lacnic.net>>
Date: Monday, July 23, 2018 at 13:54
To: "ccwg-auctionproceeds at icann.org<mailto:ccwg-auctionproceeds at icann.org>" <ccwg-auctionproceeds at icann.org<mailto:ccwg-auctionproceeds at icann.org>>, 'Marika Konings' <marika.konings at icann.org<mailto:marika.konings at icann.org>>
Subject: Re: [Ccwg-auctionproceeds] Notes and action items from new gTLD Auction Proceeds CCWG meeting



Dear Marika and all,

As per action item #2, review of the Sarah's descriptions of the mechanisms, I have the following questions:

1. When speaking of International capabilities of the various mechanisms, I would like to know if there any country restrictions for non-US grants. For example, would organizations based in Venezuela which today faces US sanctions be eligible to apply? This is relevant to mechanisms 1, 2 and 3.

2. In comparing mechanisms, 1 and 2, I am also curious to better understand what it means for ICANN to have grant making activities reflected in its tax filings. Specifically, I would like to know if ICANN would be better protected by mechanism 2 by which the DAF reports for grant activity in its own tax filling as opposed mechanism 1 which foresees ICANN reporting grant-making activity on its own tax filing.

Lastly, I think it should be noted in the description of mechanism 3 that we are assuming an ICANN Foundation would be US-based; there should be an explanation as to why we are only considering the option of it being based in the US.

Lastly, in connection to the proposed responses to charter questions, for Charter question 11 ("Should a review mechanism be put in place to address possible adjustments to the framework?"), I see references to large vs small grants, number of disbursements, etc. While I think the group needs to come to an agreement on these points, those should be fleshed out when we review Charter Question 4.

In connection to Action item #3, I have no concerns with the proposed steps/timeline.

Many thanks,

Carolina

El 12/7/18 a las 12:27, Marika Konings escribió:

Dear All,



Please find below the notes and action items from today’s new gTLD Auction Proceeds CCWG. Please take particular note of the action items:



Action item #2: CCWG to review summary document and identify any remaining questions as soon as possible so that these can be considered by the small group of volunteers undertaking the triage of questions.

Action item#3: CCWG to review remaining steps and proposed timeline and identify any concerns / issues.



Best regards,



Marika



Notes & Action items – new gTLD Auction Proceeds CCWG meeting of 12 July 2018



These high-level notes are designed to help the CCWG navigate through the content of the call and are not meant as a substitute for the transcript and/or recording. The MP3, transcript, and chat are provided separately and are posted on the wiki at: https://community.icann.org/display/CWGONGAP/2018+Meetings [community.icann.org] [eur03.safelinks.protection.outlook.com]<https://urldefense.proofpoint.com/v2/url?u=https-3A__eur03.safelinks.protection.outlook.com_-3Furl-3Dhttps-253A-252F-252Furldefense.proofpoint.com-252Fv2-252Furl-253Fu-253Dhttps-2D3A-5F-5Fcommunity.icann.org-5Fdisplay-5FCWGONGAP-5F2018-2D2BMeetings-2526d-253DDwMGaQ-2526c-253DFmY1u3PJp6wrcrwll3mSVzgfkbPSS6sJms7xcl4I5cM-2526r-253D7-5FPQAir-2D9nJQ2uB2cWiTDDDo5Hfy5HL9rSTe65iXLVM-2526m-253Dg5e8GKeABRNdcde9uTwS2jyUXaM3FeYdtkHYan3sEag-2526s-253DKrGNwJFFA-2Dj2-5FRmHTliCAvxXuWCjy3mobJPtd5lz4K8-2526e-253D-26data-3D02-257C01-257C-257Cdd9abd1751d94eb6396b08d5f0ce6bc0-257C84df9e7fe9f640afb435aaaaaaaaaaaa-257C1-257C0-257C636679691718742459-26sdata-3Dg0h-252FCxKC515TDpB7T-252BdYHw-252FDzkGgD9g27pNGGMUIV2s-253D-26reserved-3D0&d=DwMFaQ&c=FmY1u3PJp6wrcrwll3mSVzgfkbPSS6sJms7xcl4I5cM&r=w1jlqVWntmqtI5dedIDLQ6uBxH_Jh-uBee_4imohzko&m=VqWxPnFVIUmWQHGZJxDFDgVJn47445frtXeBi7QYCGc&s=gZsBHxDYfdX06X9LCkuhc2yI34ZosB6p9OFTguSsigY&e=>.



1. Roll Call

·         Attendance will be taken from AC

·         Please mute your microphones when not speaking and state your name for transcription purposes



2. Welcome / SOI-DOI Updates

·         Participation in recent meetings has been low, including limited participation today - is there a need to review working methods?

·         Please remember to review and update your SOI/DOIs as appropriate



3. Recap from CCWG62 related meetings and updates

·         See notes and action items from that meeting

·         A number of items discussed at ICANN62 are also coming back on the agenda today

·         Leadership also provided an update to the ccNSO and the GAC on the status of deliberations - shared current timeline, questions under consideration, etc.



4. Review of proposed responses to charter questions (updated version to be shared by staff shortly)

·         See the document that was shared on the CCWG mailing list

·         Objective is to get this document into a state that it is ready for inclusion in the Initial Report.

·         Number of questions that have been identified - some may be responded to by Sam/Xavier, Sarah Berg but also the CCWG.

·         What approach should be taken to get to answers for these questions?

·         What is the role of the Board in internal mechanism? Board has indicated that they do not expect involvement in daily operations or approving individual projects. May need to be clarified by Board Liaisons re. how much they want to get involved in overseeing individual projects. Depending on which mechanism is recommended, Board may need / want to adjust its thinking.  Board does not want any involvement in relation to decisions on individual grants, but oversight of administrative process is expected, for example through annual review / evaluation.

·         May need to pull out all legal / tax related questions and ask legal to provide guidance on these (possibly through outside counsel). Would first need to see the questions to determine who would be the best person/resource to respond to these.

·         Some questions earmarked for Sarah may also be more appropriate for other experts / sources.

·         Need to play it safe and be sure about decisions/recommendations.

·         How to extract those legal questions that may need input from outside counsel? Need certainty on those essential items before publishing Initial Report.

·         Small group of volunteers to review questions and undertake a triage effort (which questions are for CCWG to consider, which are for Sam/Xavier, which for Sarah Berg, which ones are possibly for an external source /counsel). Volunteers: Marilyn, Vanda, Samantha, Maureen, Erika. Objective for the small group is to undertake triage effort early next week following which it would share its recommendations with the CCWG ahead of next meeting.



Action item #1: staff to set up doodle poll for small group for a call early next week to undertake triage effort. If there are other volunteers, please share your interest with the mailing list.



5. Final review of summary descriptions provided by Sarah Berg - ICANN Contracted Advisor on Strategic Development and Philanthropic Programs (see attached)



·         Number of questions were identifed for Sarah - will be considered as part of the triage effort as identified under previous item so that a defined set of questions can be shared with Sarah as there may be other items for which her input will be helpful.

·         Note question in relation to need for human rights assessment into the process. CCWG-Accountability WS2 provided recommendations in this regard - need to consider how that would be implemented into the auction proceeds process.



Action item #2: CCWG to review summary document and identify any remaining questions as soon as possible so that these can be considered by the small group of volunteers undertaking the triage of questions.



6. Feedback on remaining steps and proposed timeline (see attached)

·         See remaining steps & proposed timeline shared.

·         Please share any concerns you may have about the timeline with the list. Meeting the target of publication of an Initial Report by ICANN63 will require commitment and participation from all.

·         Should additional meetings be scheduled to make sure all issues can be considered in detail? May be a challenge considering the August timeframe and vacation time in the northern hemisphere.

·         More time may be needed for consultations in relation to the poll.

·         Need to maintain flexibility and review on a regular basis how to adjust the timeline / schedule of meetings as this is dependent on the progress that is made.



Action item#3: CCWG to review remaining steps and proposed timeline and identify any concerns / issues.



7. Confirmation of next steps and next meeting (26 July 2018 at 14.00 UTC)



Marika Konings

Vice President, Policy Development Support – GNSO, Internet Corporation for Assigned Names and Numbers (ICANN)

Email: marika.konings at icann.org<mailto:marika.konings at icann.org>



Follow the GNSO via Twitter @ICANN_GNSO

Find out more about the GNSO by taking our interactive courses [eur03.safelinks.protection.outlook.com]<https://urldefense.proofpoint.com/v2/url?u=https-3A__eur03.safelinks.protection.outlook.com_-3Furl-3Dhttp-253A-252F-252Flearn.icann.org-252Fcourses-252Fgnso-26data-3D02-257C01-257C-257Cdd9abd1751d94eb6396b08d5f0ce6bc0-257C84df9e7fe9f640afb435aaaaaaaaaaaa-257C1-257C0-257C636679691718742459-26sdata-3DIwDc-252B5Pf24O7BNlvvXPYNXJbGnUgJKnm5aTSNtg-252BAYM-253D-26reserved-3D0&d=DwMFaQ&c=FmY1u3PJp6wrcrwll3mSVzgfkbPSS6sJms7xcl4I5cM&r=w1jlqVWntmqtI5dedIDLQ6uBxH_Jh-uBee_4imohzko&m=VqWxPnFVIUmWQHGZJxDFDgVJn47445frtXeBi7QYCGc&s=A2mK6U7wiAUqk3AAQ6JAwsvwHCAAio1xdGZtZn3-688&e=> and visiting the GNSO Newcomer pages [eur03.safelinks.protection.outlook.com]<https://urldefense.proofpoint.com/v2/url?u=https-3A__eur03.safelinks.protection.outlook.com_-3Furl-3Dhttp-253A-252F-252Fgnso.icann.org-252Fsites-252Fgnso.icann.org-252Ffiles-252Fgnso-252Fpresentations-252Fpolicy-2Defforts.htm-2523newcomers-26data-3D02-257C01-257C-257Cdd9abd1751d94eb6396b08d5f0ce6bc0-257C84df9e7fe9f640afb435aaaaaaaaaaaa-257C1-257C0-257C636679691718742459-26sdata-3D4v-252F25H62PFXLTlD9No82IMtxYRDjz4hdluydJLAgC3U-253D-26reserved-3D0&d=DwMFaQ&c=FmY1u3PJp6wrcrwll3mSVzgfkbPSS6sJms7xcl4I5cM&r=w1jlqVWntmqtI5dedIDLQ6uBxH_Jh-uBee_4imohzko&m=VqWxPnFVIUmWQHGZJxDFDgVJn47445frtXeBi7QYCGc&s=BxfegnmexXEEbYDD2FDFVwCPGvxHyReLJMfUDCG8l3U&e=>.





_______________________________________________

Ccwg-auctionproceeds mailing list

Ccwg-auctionproceeds at icann.org<mailto:Ccwg-auctionproceeds at icann.org>

https://mm.icann.org/mailman/listinfo/ccwg-auctionproceeds [eur03.safelinks.protection.outlook.com]<https://urldefense.proofpoint.com/v2/url?u=https-3A__eur03.safelinks.protection.outlook.com_-3Furl-3Dhttps-253A-252F-252Fmm.icann.org-252Fmailman-252Flistinfo-252Fccwg-2Dauctionproceeds-26data-3D02-257C01-257C-257Cdd9abd1751d94eb6396b08d5f0ce6bc0-257C84df9e7fe9f640afb435aaaaaaaaaaaa-257C1-257C0-257C636679691718742459-26sdata-3DDXeAeuGYy897SH8oZK-252FmGa9EX7-252BsJdCaez8Cz77cPQM-253D-26reserved-3D0&d=DwMFaQ&c=FmY1u3PJp6wrcrwll3mSVzgfkbPSS6sJms7xcl4I5cM&r=w1jlqVWntmqtI5dedIDLQ6uBxH_Jh-uBee_4imohzko&m=VqWxPnFVIUmWQHGZJxDFDgVJn47445frtXeBi7QYCGc&s=vGOC3mSVfVizsbhcOOKph14OsXztIjpFWF0I4JbU5X4&e=>



--

Carolina Caeiro

Coordinadora de Proyectos de Desarrollo
Coordinator of Development Projects

www.lacnic.net [eur03.safelinks.protection.outlook.com]<https://urldefense.proofpoint.com/v2/url?u=https-3A__eur03.safelinks.protection.outlook.com_-3Furl-3Dhttp-253A-252F-252Fwww.lacnic.net-26data-3D02-257C01-257C-257Cdd9abd1751d94eb6396b08d5f0ce6bc0-257C84df9e7fe9f640afb435aaaaaaaaaaaa-257C1-257C0-257C636679691718742459-26sdata-3DLihhELb-252F8kudqMYGGPJz0nzr2f7uTOjZCWJhl7hI8fQ-253D-26reserved-3D0&d=DwMFaQ&c=FmY1u3PJp6wrcrwll3mSVzgfkbPSS6sJms7xcl4I5cM&r=w1jlqVWntmqtI5dedIDLQ6uBxH_Jh-uBee_4imohzko&m=VqWxPnFVIUmWQHGZJxDFDgVJn47445frtXeBi7QYCGc&s=6IJWDeAEoG-T6V8KA0GwyauGTz7x4CZPJqFbT588K88&e=>
Latin American and Caribbean Internet Addresses Registry

_______________________________________________
Ccwg-auctionproceeds mailing list
Ccwg-auctionproceeds at icann.org<mailto:Ccwg-auctionproceeds at icann.org>
https://mm.icann.org/mailman/listinfo/ccwg-auctionproceeds

_______________________________________________
Ccwg-auctionproceeds mailing list
Ccwg-auctionproceeds at icann.org<mailto:Ccwg-auctionproceeds at icann.org>
https://mm.icann.org/mailman/listinfo/ccwg-auctionproceeds
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mm.icann.org/pipermail/ccwg-auctionproceeds/attachments/20180725/560f70c4/attachment-0001.html>


More information about the Ccwg-auctionproceeds mailing list