Ken, Loriright.
but we are not asking for that kind of reporting. We are asking for something more factual and more about informing the community of ICANN, not just the IRS.
:-)
I think we want a bit more and a general sort of 'rule' of openness. So, if you accept a contract with ICANN, expect it to be known, just as the contracts to do a Review are, and state what you do for ICANN.
I respect ICANN having consultants, and hiring people to do awareness and engagement to explain the IANA transition, or fund travel for the Chairs of the CCWG, etc. to provide awareness, this is within, in my view, the role of the organization in fulfilling its mission.
So, I may be more flexible than some.
After all, I spend most of my business life trying to explain IG in developing countries, and trying to find funders to allow me to do that. :-) ICANN is not a client but in my view, as I do broader IG work, creating understanding about what ICANN does and does not do is real work. It is important and if we, the community, are not aware of its importance, then we misunderstand how we need to support ICANN, broadly, as awareness....
We are very fortunate to have this opportunity, as this will build the support needed for ICANN to be more internationalized.
I suspect we are all on the same page - mostly -- and thus, I hope we will ask for the facts and figures, and then focus on what is needed to continue to build support for the transition in the US, and well beyond.
M
From: kstubbs at afilias.info
Subject: Re: [community-finance] [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
To: paul.rosenzweig at redbranchconsulting.com; marilynscade at hotmail.com; psc at vlaw-dc.com; brett.schaefer at heritage.org; xavier.calvez at icann.org
CC: cwg-stewardship at icann.org; accountability-cross-community at icann.org; icann-board at icann.org; executive-team at icann.org; commsteam at icann.org; community-finance at icann.org; finance-staff at icann.org
Date: Wed, 20 Jul 2016 11:37:05 -0400
I believe Lori is correct here. IRS requirements
on disclosures are
usually quite specific here
Ken Stubbs
On 7/20/16 10:32, Lori Schulman wrote:
I
don’t believe that 501©3 orgs can consider any consulting
fees confidential as the top fees are required to be
reported on the 990.
Lori
Lori
S. Schulman
Senior
Director, Internet Policy
International
Trademark Association (INTA)
+1-202-704-0408,
Skype: lsschulman
From:
accountability-cross-community-bounces at icann.org
[mailto:accountability-cross-community-bounces at icann.org]
On Behalf Of Paul Rosenzweig
Sent: Wednesday, July 20, 2016 10:16 AM
To: 'Marilyn Cade'
<marilynscade at hotmail.com>; 'Phil Corwin'
<psc at vlaw-dc.com>; 'Schaefer, Brett'
<brett.schaefer at heritage.org>; 'Xavier J. Calvez'
<xavier.calvez at icann.org>
Cc: cwg-stewardship at icann.org;
'CCWG-Accountability'
<accountability-cross-community at icann.org>;
icann-board at icann.org; 'Executive Team'
<executive-team at icann.org>; 'COMMS Team'
<commsteam at icann.org>;
community-finance at icann.org; 'Finance Staff'
<finance-staff at icann.org>
Subject: Re: [CCWG-ACCT] IANA Stewardship
Transition - Project Expenses - FY16 Q3 update
I
agree completely with Marilyn and Phil. I have been on both
sides of non-disclosure agreements – both ones requested by
me and ones requested by my clients. Typically, a client
(in the position of ICANN) may request that a consultant
sign an NDA so as to protect the confidentiality of its
efforts or its intellectual property. Sometimes a
consultant might have a proprietary methodology or process
that they are using on behalf of the client that they wish
to protect.
Neither
circumstance applies here that I can see. And in no case
that I am aware of has a client ever asked me to keep
confidential my fee … I don’t broadcast them, but I’m in
the private sector. For ICANN, which is an NGO acting in
the global public interest, I cannot see any reason at all
why ICANN would want or agree to a confidentiality
arrangement as to the size of the fee paid.
Xavier
– can you tell us what the rationale is? I may be missing
something …..
Thanks
Paul
Paul
Rosenzweig
paul.rosenzweig at redbranchconsulting.com
O:
+1 (202) 547-0660
M:
+1 (202) 329-9650
VOIP:
+1 (202) 738-1739
www.redbranchconsulting.com
My
PGP Key:
http://redbranchconsulting.com/who-we-are/public-pgp-key/
From:
accountability-cross-community-bounces at icann.org
[mailto:accountability-cross-community-bounces at icann.org]
On Behalf Of Marilyn Cade
Sent: Wednesday, July 20, 2016 9:05 AM
To: Phil Corwin <psc at vlaw-dc.com>;
Schaefer, Brett <brett.schaefer at heritage.org>;
Xavier J. Calvez <xavier.calvez at icann.org>
Cc: cwg-stewardship at icann.org;
CCWG-Accountability <accountability-cross-community at icann.org>;
icann-board at icann.org;
Executive Team <executive-team at icann.org>;
COMMS Team <commsteam at icann.org>;
community-finance at icann.org;
Finance Staff <finance-staff at icann.org>
Subject: Re: [CCWG-ACCT] IANA Stewardship
Transition - Project Expenses - FY16 Q3 update
I
support Phil's clarifying explanation.
I
also think that anyone who is in this category, should
have to declare if they re also representing companies
in a SO/AC.
Or
advising governments.
In
the BC, we do not allow an ICANN consultant to be a BC
member, regardless of the amount, but if someone is a
backdoor advisor to ICANN and also a group of entities,
in a SO/AC, that would not be so obvious, but I think
that for integrity sake, of course, any such entity
would recuse themselves from advising companies, while
also advising ICANN.
And I
would expect ICANN to disqualify such entities as their
consultants.
Thanks,
Phil, for this useful clarification.
M
From:
psc at vlaw-dc.com
To: Brett.Schaefer at heritage.org;
xavier.calvez at icann.org
Date: Wed, 20 Jul 2016 00:48:08 +0000
CC: cwg-stewardship at icann.org;
accountability-cross-community at icann.org;
icann-board at icann.org; executive-team at icann.org;
commsteam at icann.org;
community-finance at icann.org; finance-staff at icann.org
Subject: Re: [CCWG-ACCT] IANA Stewardship Transition -
Project Expenses - FY16 Q3 update
In
the U.S. much of what used to be done by registered
lobbyists is now performed by “strategic advisors”
who walk right up to the line of what constitutes
lobbying (and maybe a few inches over), and
nonetheless facilitate door opening to key members
of Congress and the Executive branch, and who
“educate” rather than “lobby” members of both
branches of government. So while the seven firms may
not be engaged in what is considered lobbying under
current U.S. law, they are still likely engaged in
helping to assure officials outcomes desired by
ICANN corporate.
It
is for that reason – as well as for the exercise of
effective oversight over ICANN budgeting and
expenditures – that the community should have more
data on this. If ICANN is prohibited by its
contracts with these firms from disclosing its
expenditures that is unfortunate – and in the future
I would hope that ICANN would tell any firms being
considered for such duties that its own transparency
obligations to the community preclude it from
agreeing to such restrictions (I’d wager that the
majority of the firms would waive confidentiality
rather than lose the contract).
At
a minimum, ICANN should disclose the aggregate
amounts spent with these seven firms since they were
engaged – surely their contracts don’t bar such
aggregate reporting.
Philip
S. Corwin, Founding Principal
Virtualaw
LLC
1155
F Street, NW
Suite
1050
Washington,
DC 20004
202-559-8597/Direct
202-559-8750/Fax
202-255-6172/Cell
Twitter:
@VlawDC
"Luck
is the residue of design" -- Branch Rickey
From:
accountability-cross-community-bounces at icann.org
[mailto:accountability-cross-community-bounces at icann.org]
On Behalf Of Schaefer, Brett
Sent: Tuesday, July 19, 2016 1:04 PM
To: Xavier J. Calvez
Cc: cwg-stewardship at icann.org;
CCWG-Accountability;
icann-board at icann.org;
Executive Team; COMMS Team;
community-finance at icann.org;
Finance Staff
Subject: Re: [CCWG-ACCT] IANA Stewardship
Transition - Project Expenses - FY16 Q3 update
Xavier,
Are
you saying that ICANN’s contracts for
Education/Engagement/Advice with (1) Albright
Stonebridge Group LLC, (2) Edelman, (3) Interface
Media, (4) Rice Hadley Gates LLC, (5) Summit
Strategies International LLC, (6) WBC Global, and
(7) Wiley Rein LLP each contain confidentiality
provisions that prohibit ICANN from disclosing the
specific amount paid to each of these individual
vendors?
Does
this only apply to the CCWG and the public or does
it also apply to other parts of the ICANN community,
specifically the Supporting Organizations and
Advisory Committees?
Thank
you for the link on lobbying disclosures. For those
who are interested, here are ICANN’s lobbying
expenditures based on the disclosure website of the
U.S. Congress.
I
do have a couple of additional questions. Would this
source capture lobbying exclusively directed toward
the US Executive Branch? Has ICANN spent any funds
during this period lobbying governments other than
the US?
Thank
you,
Brett
Brett
Schaefer
Jay Kingham Senior Research Fellow in
International Regulatory Affairs
Margaret Thatcher Center for Freedom Davis
Institute for National Security and Foreign Policy
The
Heritage Foundation
214 Massachusetts Avenue, NE
Washington, DC 20002
202-608-6097
heritage.org
From:
Xavier J. Calvez [mailto:xavier.calvez at icann.org]
Sent: Monday, July 18, 2016 6:30 PM
To: Schaefer, Brett
Cc: community-finance at icann.org;
cwg-stewardship at icann.org;
CCWG-Accountability; Executive Team; COMMS Team;
icann-board at icann.org;
Finance Staff
Subject: Re: [CCWG-ACCT] IANA Stewardship
Transition - Project Expenses - FY16 Q3 update
Brett,
Yes,
the information I provided in my latest email had
been included in some previous communication. I just
wanted to make sure you had a clear visibility on
this information, which provides for (i) categories
of expenses, (ii) the individual names of the
vendors grouped for each category, and (iii) the
total value of the expenses for each category.
With
respect to the contractual obligations of
confidentiality in commercial contracts, ICANN is
subject to them, like all business organizations.
That said, we disclose what we can consistent with
standard business confidentiality provisions in
vendor contracts. We cannot disclose the specific
amount of spend with each vendor but we were able to
disclose the names of the service providers engaged.
Regarding
the lobbying expenses, as you are aware, both
organizations that hire lobbyists and firms that
lobby on behalf of organizations are required under
U.S. federal law to file lobbying disclosure
reports. In addition to ICANN’s quarterly lobbying
disclosures posted on our website, you can find the
amounts ICANN has paid to individual outside
lobbying firms at
http://disclosures.house.gov/ld/ldsearch.aspx.
I
hope this helps and clarifies.
Thank
you.
Best,
Xavier
Xavier
Calvez
ICANN
CFO
12025
Waterfront Drive, Suite 300
Los
Angeles, CA 90094
Office
: +1 (310) 301 5838
Mobile
: +1 (805) 312 0052
Fax
: +1 (310) 957-2348
From:
"Schaefer,
Brett" <Brett.Schaefer at heritage.org>
Date: Thursday, July 14, 2016 at 7:07 AM
To: Xavier Calvez <xavier.calvez at icann.org>
Cc: "community-finance at icann.org"
<community-finance at icann.org>,
"cwg-stewardship at icann.org"
<cwg-stewardship at icann.org>,
CCWG-Accountability <accountability-cross-community at icann.org>,
Executive Team <executive-team at icann.org>,
COMMS Team <commsteam at icann.org>,
"icann-board at icann.org"
<icann-board at icann.org>,
Finance Staff <finance-staff at icann.org>
Subject: Re: [CCWG-ACCT] IANA Stewardship
Transition - Project Expenses - FY16 Q3 update
Xavier,
This
is pretty much the same information that was
provided before. I am asking for a breakdown
of how much was paid to each vender in the
lobbying category (Akin Gump, etc.) and the
education/engagement/advice category
(Albright Stoneridge, etc.).
Thank
you,
Brett
On Jul 13, 2016, at 8:13 PM, Xavier J. Calvez
<xavier.calvez at icann.org>
wrote:
Dear
Brett,
In
response to your question listed below on 22
June: the detailed information provided on
Other professional fees (other than legal
fees, detailed in a separate section of the
“Transition project cost” expense webpage,
on the IANA Stewardship Transition webpage)
can be found in the section called “Professional
Services – Expenses Breakdown”.
Within this section, you will find a link to
a document that provides the list of
Professional Services (other than legal
fees) incurred, by category, with the names
of the vendors, and the total amount of
expenditures for the category.
This
link is copied below and was provided in my
first answer to your question. I have also
attached the file to which this link refers
in case the link would not work for you.
https://www.icann.org/en/system/files/files/iana-stewardship-expenses-professional-vendor-01jun16-en.pdf
If
this not addressing your question, please
let me know.
Thank
you.
Best,
Xavier
Xavier
Calvez
ICANN
CFO
12025
Waterfront Drive, Suite 300
Los
Angeles, CA 90094
Office
: +1 (310) 301 5838
Mobile
: +1 (805) 312 0052
Fax
: +1 (310) 957-2348
Brett
Schaefer
Jay Kingham Senior Research Fellow in
International Regulatory Affairs
Margaret Thatcher Center for Freedom Davis
Institute for National Security and Foreign
Policy
The
Heritage Foundation
214 Massachusetts Avenue, NE
Washington, DC 20002
202-608-6097
heritage.org
From:
Xavier
Calvez <xavier.calvez at icann.org>
Date: Tuesday, July 12, 2016 at
9:45 AM
To: "Schaefer, Brett" <Brett.Schaefer at heritage.org>,
"community-finance at icann.org"
<community-finance at icann.org>,
"cwg-stewardship at icann.org"
<cwg-stewardship at icann.org>,
CCWG-Accountability <accountability-cross-community at icann.org>
Cc: Executive Team <executive-team at icann.org>,
COMMS Team <commsteam at icann.org>,
"icann-board at icann.org"
<icann-board at icann.org>,
Finance Staff <finance-staff at icann.org>
Subject: Re: [CCWG-ACCT] IANA
Stewardship Transition - Project Expenses
- FY16 Q3 update
Brett,
Thank
you for following up.
I
will make sure to respond no later than
the end of this week.
Thank
you.
Best,
Xavier
Xavier
Calvez
ICANN
CFO
12025
Waterfront Drive, Suite 300
Los
Angeles, CA 90094
Office
: +1 (310) 301 5838
Mobile
: +1 (805) 312 0052
Fax
: +1 (310) 957-2348
From:
"Schaefer,
Brett" <Brett.Schaefer at heritage.org>
Date: Tuesday, July 12, 2016
at 11:38 AM
To: Xavier Calvez <xavier.calvez at icann.org>,
"community-finance at icann.org"
<community-finance at icann.org>,
"cwg-stewardship at icann.org"
<cwg-stewardship at icann.org>,
CCWG-Accountability <accountability-cross-community at icann.org>
Cc: Executive Team <executive-team at icann.org>,
COMMS Team <commsteam at icann.org>,
"icann-board at icann.org"
<icann-board at icann.org>,
Finance Staff <finance-staff at icann.org>
Subject: RE: [CCWG-ACCT] IANA
Stewardship Transition - Project
Expenses - FY16 Q3 update
Xavier,
Thanks
for promising to get this
information to me in Helsinki. Do
you have an estimate for when it
will be provided?
Thanks,
Brett
Brett
Schaefer
Jay Kingham Senior Research Fellow
in International Regulatory
Affairs
Margaret Thatcher Center for
Freedom Davis Institute for
National Security and Foreign
Policy
The
Heritage Foundation
214 Massachusetts Avenue, NE
Washington, DC 20002
202-608-6097
heritage.org
From:
Schaefer, Brett
Sent: Wednesday, June 22,
2016 2:39 PM
To: 'Xavier J. Calvez'; community-finance at icann.org;
cwg-stewardship at icann.org;
CCWG-Accountability
Cc: Executive Team; COMMS
Team; icann-board at icann.org; Finance
Staff
Subject: RE: [CCWG-ACCT]
IANA Stewardship Transition -
Project Expenses - FY16 Q3
update
Xavier,
I
appreciate the detailed breakdown on
the legal fees That is indeed what I
was looking for though I would think
it useful to have the totals
provided in the summary document.
However,
I did not see similar information
for lobbying or education/
engagement/advice in the links
provided. In fact, the only specific
information that I saw listed is for
Jamie Hedlund at $200,000. No
information on other individual
firms or vendors is listed at all –
only the top line budget expenditure
in the summary document link
originally sent around.
Could
you provide that information?
Thanks,
Brett
From:
Xavier J. Calvez [mailto:xavier.calvez at icann.org]
Sent: Wednesday, June 22,
2016 10:43 AM
To: Schaefer, Brett; community-finance at icann.org;
cwg-stewardship at icann.org;
CCWG-Accountability
Cc: Executive Team; COMMS
Team; icann-board at icann.org; Finance
Staff
Subject: Re: [CCWG-ACCT]
IANA Stewardship Transition -
Project Expenses - FY16 Q3
update
Dear
all,
It
appears that the first link in my
email further below (detail of legal
fees by firm) does not resolve
correctly. Please use the below
instead.
https://www.icann.org/en/system/files/files/iana-stewardship-expenses-legal-firm-fy16-01jun16-en.pdf
Thank
you.
Best,
Xavier
Xavier
Calvez
ICANN
CFO
12025
Waterfront Drive, Suite 300
Los
Angeles, CA 90094
Office
: +1 (310) 301 5838
Mobile
: +1 (805) 312 0052
Fax
: +1 (310) 957-2348
From:
Xavier
Calvez <xavier.calvez at icann.org>
Date: Wednesday, June 22,
2016 at 1:01 PM
To: "Schaefer, Brett" <Brett.Schaefer at heritage.org>,
"community-finance at icann.org"
<community-finance at icann.org>,
"cwg-stewardship at icann.org"
<cwg-stewardship at icann.org>,
CCWG-Accountability <accountability-cross-community at icann.org>
Cc: Executive Team <executive-team at icann.org>,
COMMS Team <commsteam at icann.org>,
"icann-board at icann.org"
<icann-board at icann.org>,
Finance Staff <finance-staff at icann.org>
Subject: Re: [CCWG-ACCT]
IANA Stewardship Transition -
Project Expenses - FY16 Q3 update
Dear
Brett,
Thank
you for your interest and
question.
We
currently publish the list of
all vendors from whom ICANN
obtain services in relation to
the IANA Stewardship transition.
The $$ value of the services
received is aggregated by
category of expenses, which you
mention below (US Government
affairs,
Education/engagement/advice,…).
This presentation is driven by 2
factors: providing clarity as to
the type of services received,
and abiding by the contractual
obligation of confidentiality in
force with each of the vendors
(resulting from standard
business sensitive information).
We
do publish however the detail of
the legal advice, by firm and by
working group, on this same page
(see for example the link to the
report of fees by firm:
https://www.icann.org/en/system/files/files/iana-stewardship-expenses-legal-firm-fy16-01jun16-en.pdf).
You
will also find more information
relative to ICANN’s lobbying in
the following blog published a
few months ago. In this blog,
you will also find links to the
disclosure reports that ICANN
makes on lobbying activities.
https://www.icann.org/resources/pages/lobbying-disclosures-contributions-2015-11-18-en.
Lastly,
further information on lobbying
appears in ICANN’s form 990
(Schedule C, Part II-B. On page
33/73 of the FY15 form 990
published at the following
link):
https://www.icann.org/en/system/files/files/fy-2015-form-990-10may16-en.pdf
I
hope this helps. Please let me
know if you have further
questions.
Thank
you.
Best,
Xavier
Xavier
Calvez
ICANN
CFO
12025
Waterfront Drive, Suite
300
Los
Angeles, CA 90094
Office
: +1 (310) 301 5838
Mobile
: +1 (805) 312 0052
Fax
: +1 (310) 957-2348
From:
"Schaefer,
Brett" <Brett.Schaefer at heritage.org>
Date: Tuesday, June
21, 2016 at 9:54 PM
To: Xavier Calvez <xavier.calvez at icann.org>,
"community-finance at icann.org"
<community-finance at icann.org>,
"cwg-stewardship at icann.org"
<cwg-stewardship at icann.org>,
CCWG-Accountability <accountability-cross-community at icann.org>
Cc: Executive Team
<executive-team at icann.org>,
COMMS Team <commsteam at icann.org>,
"icann-board at icann.org"
<icann-board at icann.org>,
Finance Staff <finance-staff at icann.org>
Subject: RE:
[CCWG-ACCT] IANA Stewardship
Transition - Project Expenses
- FY16 Q3 update
Xavier,
Thank
you. Could you please
provide a more detailed
breakdown of legal advice,
US government affairs, and
educations/engagement/advice?
In each category, there are
multiple firms/vendors
listed (https://www.icann.org/en/system/files/files/iana-stewardship-expenses-professional-vendor-01jun16-en.pdf).
I would appreciate the
amount provided to each
individual vendor. If it is
provided somewhere, I would
appreciate you letting me
know where to find it.
Much
appreciated,
Brett
Brett
Schaefer
Jay Kingham Senior
Research Fellow in
International Regulatory
Affairs
Margaret Thatcher Center
for Freedom Davis
Institute for National
Security and Foreign
Policy
The
Heritage Foundation
214 Massachusetts Avenue, NE
Washington, DC 20002
202-608-6097
heritage.org
From:
accountability-cross-community-bounces at icann.org
[mailto:accountability-cross-community-bounces at icann.org]
On Behalf Of Xavier
J. Calvez
Sent: Saturday,
June 18, 2016 12:10 AM
To: community-finance at icann.org;
cwg-stewardship at icann.org;
CCWG-Accountability
Cc: Executive
Team; COMMS Team; icann-board at icann.org; Finance
Staff
Subject:
[CCWG-ACCT] IANA
Stewardship Transition -
Project Expenses - FY16
Q3 update
Dear
all,
You
find at the link below the
updated project’s expenses
as of FY16 Q3 (from July
2014 to March 2016). As
indicated a few months ago,
we have added new detailed
information on the staff
support with the individual
positions, names and
percentages of effort over
the period.
https://www.icann.org/resources/pages/iana-stewardship-project-costs
Thank
you.
Best,
Xavier
Xavier
Calvez
ICANN
CFO
12025
Waterfront Drive, Suite
300
Los
Angeles, CA 90094
Office
: +1 (310) 301 5838
Mobile
: +1 (805) 312 0052
Fax
: +1 (310) 957-2348
<iana-stewardship-expenses-professional-vendor-01jun16-en.pdf>
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