[CCWG-ACCT] Fwd: Implementation time

Tue Apr 28 02:41:05 UTC 2015

Leon,

Thank you, this is very helpful.

Best,
Keith

Sent from my iPhone

On Apr 27, 2015, at 9:28 PM, León Felipe Sánchez Ambía <leonfelipe at sanchez.mx<mailto:leonfelipe at sanchez.mx>> wrote:

Dear all,

In compliance with the working methods of the Legal Sub-team I hereby inform you that I held a call with Holly Gregory of Sidley Austin in order to find out which would be an estimate timeframe for implementation of the CCWG proposals under the hypothesis of each of the options that so far have been discussed in our meetings.

This call was held over the phone given the short time ahead of our call tomorrow in which we (the Co-Chairs) thought it would be useful to have a tentative timeframe of implementation.

Please note that this information is only for reference of our work and timeline and does not imply nor states that any given structure has been decided upon as this is something that, of course, will need to be decided by the larger community after the public comment period(s) for that end.

Below is the reply from the lawyers to this inquiry.

I hope you find this information useful.

Best regards,

León

Inicio del mensaje reenviado:

De: "Gregory, Holly" <holly.gregory at sidley.com<mailto:holly.gregory at sidley.com>>
Asunto: RE: Implementation time
Fecha: 27 de abril de 2015 19:13:13 GMT-5
Para: 'León Felipe Sánchez Ambía' <leonfelipe at sanchez.mx<mailto:leonfelipe at sanchez.mx>>
Cc: "Rosemary E. Fei" <rfei at adlercolvin.com<mailto:rfei at adlercolvin.com>>, ICANN-Adler <ICANN at adlercolvin.com<mailto:ICANN at adlercolvin.com>>, Sidley ICANN CCWG <sidleyicannccwg at sidley.com<mailto:sidleyicannccwg at sidley.com>>

Dear Leon,

The Sidley and Adler & Colvin teams have conferred and can confirm the rough estimate that I provided by phone earlier today as follows:

Assuming that we have very clear direction and guidance, the legal work of preparing proposed amendments to ICANN’s articles and bylaws could be accomplished in as little as two weeks.  However, as we have explained, in the drafting process issues may become apparent that have not been anticipated and need additional guidance from CCWG and this would slow the drafting process down.

Similarly, assuming clear direction and guidance on the ACs/SOs and assuming that these entities do not have assets or revenues,  the documents for the unincorporated associations (assuming 6) could be drafted in another two weeks.

Thus, the drafting of amendments to the core ICANN governance documents and creation of basic streamlined unincorporated association documents should take about four to six weeks total, to have solid first drafts for review.

We do not have any ability to assess what time will be required by CCWG and other community structures, including ICANN staff, ICANN counsel, the ICANN board, and each of the SO/ACs, to review, comment on and sign off on the revised ICANN governing documents and the new SO/AC unincorporated association documents.  We assume that this time could well be significantly greater than the legal drafting time required.    (Nor do we have insight at this time as to expectations with regard to any discussion with or review by the NTIA or other US government entity.)

In terms of regulatory filings, with both the designator and membership models all that is required is that the new articles of incorporation be filed with the State of California.  (The bylaws need not be filed to become effective, but will be publicly disclosed to California and federal government agencies in due course.)  There is no approval process to factor in at the state or federal level.

Of course, these estimates relate to the CCWG project and do not include time for any structural changes related to IANA functions under discussion in the CWG project.

Kind regards,
Holly

HOLLY J. GREGORY
Partner

Sidley Austin LLP
+1.212.839.5853
holly.gregory at sidley.com<mailto:holly.gregory at sidley.com>

-----Original Message-----
From: León Felipe Sánchez Ambía [mailto:leonfelipe at sanchez.mx]
Sent: Monday, April 27, 2015 2:46 AM
To: Gregory, Holly; Rosemary E. Fei
Subject: Implementation time

Dear Holly and Rosemary,

I know that what I am about to ask might seem like asking for the numbers on bingo but we would like to have a rough reference timeframe for implementation of changes to be ready and legally valid. This, of course, assuming we choose either structure (membership or designators).

Please let me know if I can be of further help.

Best regards,

León

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