[Ws2-jurisdiction] OFAC Rec.s

[Kavouss Arasteh]

Dear Greg
Dear Erika$
 What is the problem that you indicate that in the introductory part of the
Report.
You have asked me on 13 and 18 of September to provide you with the factual
evidence on this type of discrimination or restriction and I have provided
that to you.
You you are blocking it. You are are expected to reflect the report on this
type of restriction whether directly or indirectly related to OFAC.
Your action is not to decide what is right and what is wrong. There is no
veto right given to you .I insist to reflect that .
Pls kindly do not further block this
You blocking whatever, you do not like
Pls kindly, ionce again. be helpful, fair and collaborative
Regards
Kavouss

On Wed, Sep 20, 2017 at 8:06 PM, Greg Shatan <gregshatanipc at gmail.com>
wrote:

> 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,
>>> <https://maps.google.com/?q=Ceintuurbaan+28,8024+AA+Zwolle+%3Chttps://maps.google.com/?q%3DCeintuurbaan%2B28%2B8024%2BAA%2BZwolle%26entry%3Dgmail%26source%3Dg%3E&entry=gmail&source=g>
>>> 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
>>>
>>>
>>>
>>>
>>> _______________________________________________
>>> Ws2-jurisdiction mailing list
>>> Ws2-jurisdiction at icann.org
>>> https://mm.icann.org/mailman/listinfo/ws2-jurisdiction
>>>
>>
>>
>> _______________________________________________
>> Ws2-jurisdiction mailing list
>> Ws2-jurisdiction at icann.org
>> https://mm.icann.org/mailman/listinfo/ws2-jurisdiction
>>
>>
>
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mm.icann.org/pipermail/ws2-jurisdiction/attachments/20170920/249bae22/attachment.html>