[Ccwg-auctionproceeds] Notes and action items from new gTLD Auction Proceeds CCWG meeting
Erika Mann
erika at erikamann.com
Thu Jul 26 10:30:10 UTC 2018
Dear All -
I'm just following up with all the emails concerning this topic. I had to
look after a family matter and was not that much able to follow discussions
that were triggered by the work the subgroup undertook.
I'm certain we will find a solution.
Looking forward to a fruitful discussion today.
Kind regards,
Erika
On Thu, Jul 26, 2018 at 12:23 PM, Hadia Abdelsalam Mokhtar EL miniawi <
Hadia at tra.gov.eg> wrote:
> Dear Sylvia,
>
>
>
> I agree with you that the ICANN community would object if the funding
> cannot serve its people but how do you see the other mechanisms solving
> this problem? This problem of sanctions, jurisdictions and applicable laws
> will always apply and are inevitable.
>
>
>
> Best
>
> Hadia
>
>
>
> *From:* Ccwg-auctionproceeds [mailto:ccwg-auctionproceeds-
> bounces at icann.org] *On Behalf Of *Sylvia Cadena
> *Sent:* Wednesday, July 25, 2018 9:08 AM
> *To:* James Gannon
> *Cc:* ccwg-auctionproceeds at icann.org
>
> *Subject:* Re: [Ccwg-auctionproceeds] Notes and action items from new
> gTLD Auction Proceeds CCWG meeting
>
>
>
> 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
> | 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
> <+61%207%203858%203100> | Fax: +61 7 3858 3199
>
> * Love trees. Print only if necessary.
>
>
>
>
> On 25 Jul 2018, at 4:10 pm, James Gannon <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> 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 |
> 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> on
> behalf of Samantha Eisner <Samantha.Eisner at icann.org>
> *Date: *Wednesday, 25 July 2018 at 7:59 am
> *To: *Maureen Hilyard Hilyard <maureen.hilyard at gmail.com>, Marilyn Cade <
> marilynscade at hotmail.com>
> *Cc: *"ccwg-auctionproceeds at icann.org" <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> on
> behalf of Maureen Hilyard <maureen.hilyard at gmail.com>
> *Date: *Monday, July 23, 2018 at 1:47 PM
> *To: *Marilyn Cade <marilynscade at hotmail.com>
> *Cc: *"ccwg-auctionproceeds at icann.org" <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>
> 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> on
> behalf of Vanda Scartezini <vanda at scartezini.org>
> *Sent:* Monday, July 23, 2018 2:59 PM
> *To:* Carolina Caeiro; 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> on
> behalf of Carolina Caeiro <carolina at lacnic.net>
> *Date: *Monday, July 23, 2018 at 13:54
> *To: *"ccwg-auctionproceeds at icann.org" <ccwg-auctionproceeds at icann.org>,
> 'Marika Konings' <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]
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> *.*
>
>
>
> 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 <marika.konings at icann.org> *
>
>
>
> *Follow the GNSO via Twitter @ICANN_GNSO*
>
> *Find out more about the GNSO by taking our interactive courses
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>
>
> --
> Carolina Caeiro
>
> *Coordinadora de Proyectos de Desarrollo*
> Coordinator of Development Projects
>
> *www.lacnic.net [eur03.safelinks.protection.outlook.com]
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