[Ws2-jurisdiction] OFAC Rec.s

Wed Sep 20 20:10:45 UTC 2017

I suggest we do not get into interpreting EU sanctions. That is a whole
separate issue and far beyond our mandate here.

We have argued over this many times and came to a very good conclusion.
When I asked that ICANN should deter the registrars from following OFAC
when they do not have to Sam and others said that ICANN should not get
involved with the registrars' internal policy especially when it
contradicts with their local laws (I am paraphrasing not quoting them). So
we came up with a very good language for ICANN to follow, it is in the doc:

"ICANN needs to bring awareness of these issues to registrars. ICANN should
clarify to registrars that the mere existence of their RAA with ICANN does
not cause them to be required to comply with OFAC sanctions. ICANN should
also explore various tools to remind registrars to understand the
applicable laws under which they operate and to accurately reflect those
laws in their customer relationships."

This language is sufficient for ICANN. If some non-US based registrar
sanction Iranians not because of the registrar's contract with ICANN, it is
out of our hands to do something about it. We have a general recommendation
which fits the purpose. Why are we opening this discussion again?

I am sympathetic to this issue. One reason is that I was born and raised in
Iran. So if Iranians cannot become resellers or registrants at all because
of some registrars policies then I will do whatever I can to persuade those
registrars to change their policy (if not against the applicable law), but
this is not an issue to be discussed at ICANN and this group.

Farzaneh

On Wed, Sep 20, 2017 at 3:54 PM, Schweighofer Erich <
erich.schweighofer at univie.ac.at> wrote:

> Dear all,
>
>
>
> EU sanctions may have affected registrars doing business with Iranian
> citizens.
>
> An overview: http://www.consilium.europa.eu/en/policies/sanctions/iran/
>
> Mostly relevant (besides individual sanctions) – lifted on 16 January
> 2016: restrictions in the financial sector: freezing the assets of the
> Central Bank of Iran and major Iranian commercial banks, laying down
> notification and authorisation mechanisms for transfers of funds above
> certain amounts to Iranian financial institutions
>
>
>
> A general license is a good idea, e.g. excluding explicitly registries and
> registrars and its financial transactions from financial sanctions in the
> legal instruments. Decisions are the competence of the Council of the EU,
> proposed by the High Representative of the Union for Foreign Affairs and
> Security Policy. Like in the U.S. – it is not easy but possible.
>
>
>
> Best,
>
> Erich
>
>
>
>
>
> *Von: *Paul Rosenzweig <paul.rosenzweig at redbranchconsulting.com>
> *Gesendet: *Mittwoch, 20. September 2017 21:29
> *An: *'Greg Shatan' <gregshatanipc at gmail.com>; 'Kavouss Arasteh'
> <kavouss.arasteh at gmail.com>
> *Cc: *'ws2-jurisdiction' <ws2-jurisdiction at icann.org>
> *Betreff: *Re: [Ws2-jurisdiction] OFAC Rec.s
>
>
>
> I agree with Greg.  It seems clear from what Erica said that this is not
> an OFAC issue at all but rather an EU sanctions issue (perhaps ICANN should
> also be getting a general license from the EU 😊) and since it is an
> individual registrar it isn’t an ICANN issue either
>
>
>
> Paul
>
>
>
> Paul Rosenzweig
>
> paul.rosenzweig at redbranchconsulting.com
>
> O: +1 (202) 547-0660 <(202)%20547-0660>
>
> M: +1 (202) 329-9650 <(202)%20329-9650>
>
> VOIP: +1 (202) 738-1739 <(202)%20738-1739>
>
> www.redbranchconsulting.com
>
> My PGP Key: https://keys.mailvelope.com/pks/lookup?op=get&search=
> 0x9A830097CA066684
>
>
>
> *From:* ws2-jurisdiction-bounces at icann.org [mailto:ws2-jurisdiction-
> bounces at icann.org] *On Behalf Of *Greg Shatan
> *Sent:* Wednesday, September 20, 2017 2:07 PM
> *To:* Kavouss Arasteh <kavouss.arasteh at gmail.com>
> *Cc:* ws2-jurisdiction <ws2-jurisdiction at icann.org>
> *Subject:* Re: [Ws2-jurisdiction] OFAC Rec.s
>
>
>
> 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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