[Ws2-jurisdiction] OFAC Rec.s

[Greg Shatan]

Kavouss,

As a factual happening, I don't see why this should be reflected in our
report.  Resello's business decision does not seem to be related to OFAC,
US jurisdiction or to any ICANN-related jurisdiction.

I asked you whether Resello's agreement with ICANN (the Registrar
Accreditation Agreement (RAA)) prohibits Resello from establishing the
policy you have mentioned.  If ICANN does not prohibit this policy, and it
is not triggered by OFAC or some other connection to ICANN's jurisdictions,
then it seems to be unconnected to our work.

I don't know whether there is an EU or Dutch law that requires this policy,
or whether there is one that prohibits it.  If there is one that requires
it, that is not an "ICANN jurisdiction" issue.  If there is one that
prohibits it and Resello is violating Dutch law, then it may be that
Resello is violating the RAA requirement (Section 3.7.2) that Registrars
abide by applicable law.  But again, that's a Compliance issue.

Best regards,

Greg

On Wed, Sep 20, 2017 at 1:46 PM, Kavouss Arasteh <kavouss.arasteh at gmail.com>
wrote:

> Dear Greg
> I do not know what question you raised.
> If you believe that
> *Mark Assenberg from Resello  which is a subsidiary company for *
> *Yourholding** holding:*
>
> *with the below address Ceintuurbaan 28
> <https://maps.google.com/?q=Ceintuurbaan+28+8024+AA+Zwolle&entry=gmail&source=g>,8024
> AA Zwolle
> <https://maps.google.com/?q=Ceintuurbaan+28+8024+AA+Zwolle&entry=gmail&source=g>,
> +31 38 453 0752 <+31%2038%20453%200752>*
> *based in Netherlands.being  a  non  US-Based company  on the basis of
> which *section of the RAA refrain such a business decision (i.e., a
> registrar deciding not to do business with citizens of a given country
> (whether it is Canada, Haiti, Iran or otherwise)?
> May you address this issue as a factual happening .
> Pls kindly advise how you trest and reflect that in the report
> Regards
> Kavouss
>
> On Wed, Sep 20, 2017 at 7:28 PM, Nigel Roberts <nigel at channelisles.net>
> wrote:
>
>>
>>
>> On 20/09/17 18:19, Greg Shatan wrote:
>>
>> Can you please guide me to the section of the RAA that would prevent
>>> such a business decision (i.e., a registrar deciding not to do business
>>> with citizens of a given country (whether it is Canada, Haiti, Iran or
>>> otherwise)?
>>>
>>>
>> In the United Kingdom, never mind the RAA, this would be quite illegal
>> (see s.13, prohibited conduct) unless such treatment is required by law
>> (e.g.  required by legally binding sanctions).
>>
>> How can anyone in the 21st century believe that any "business decision"
>> doctrine could allow making decisions on the basis of race/citizenship (or
>> any other protected characteristic) is quite alien over here and
>> incomprehensible.
>>
>> http://www.legislation.gov.uk/ukpga/2010/15
>>
>>
>>
>>
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>
>
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