[Ra-termination-comments] Successor Operator Request of Mobily TLDs to MobileDots LLC

[Wael Nasr]

Dear Cyrus
Please  confirm that you have received my email below.
wael

On Sat, May 4, 2019 at 6:18 PM Wael Nasr <wael at comdots.co> wrote:

> Dear Cyrus :
>
>
>
> One of the grounds that ICANN listed as supporting a decision not to
> appoint a successor Registry Operator was:
>
>
>
> "*--Registry Operator [GreenTech Consultancy Co. W.L.L. ("GreenTech")]
> does not sell, distribute or transfer control or use of any registrations
> in the TLD to any third party that is not an Affiliate of Registry
> Operator.*"
>
>
>
> This is an incorrect statement. To correct the record, ICANN needs to be
> given the full background, as follows:
>
>
>
> On August 25, 2016 GreenTech entered into a Joint Venture Agreement ("
> *JVA*") with 5 other persons/entities (including Mr. Anwar Ahmad) (the
> "JV Partners") to finance and continue GreenTech's application for two gTLD
> licenses for the Top-Level domains: "Mobily" in Ascii and IDN. A true copy
> of the JVA is attached to this email. In broad brush, the purpose of the
> JVA was to use GreenTech's existing application for the Mobily licenses.
> For these purposes, as shown by the JVA, GreenTech was just a "nominal"
> owner, a "shell" or "conduit" for obtaining the Mobily licenses and
> ultimately registering Mobily as the Registry Operator. Mobily is a major
> telecommunications company in Saudi Arabia, and its having  "Mobily" Top
> Level Domain licenses will obviously be valuable in its cellular
> telephone/messaging business.
>
>
>
> At no point in time was GreenTech ever contemplated as the true operator
> of the "Mobily" gTLD licenses. Indeed, GreenTech ran a defunct pizza
> restaurant, and  was long ago de-registered by the Bahraini  government for
> its numerous payments and filing defaults. The plan embodied in the JVA was
> first, to assign the GreenTech licenses to a Delaware (U.S.) company,
> Mobiledots L.L.C. (JVA Art. 2.1) (the "Company"), then to reassign them to
> a Bahrain Mobiledots company, and finally to have Mobiledots Bahrain
> reassign them to Mobily. Obviously, the "Mobily" gTLD licenses are much
> more valuable to an active Mobily company than to a defunct GreenTech
> company (currently deleted by Law in the Bahrain Government records as was
> reported to ICANN ).
>
>
>
> In sum, Mobily was always the real party in interest (as the contemplated
> future Registered Operator) and GreenTech and the two Mobiledots companies
> were intended to be intermediate conduits for the future transfer of the
> two Mobily licenses to Mobily as their eventual Registered Operator.
>
>
>
> Unfortunately, Mobily failed to pay the ICANN fees (as it had contracted
> with the JV Partners to do) and afterwards  the JV Partners disagreed on
> how to arrange alternative financing and how to work with ICANN to restore
> the licenses. Since GreenTech was only a "shell" company without assets,
> and the JV Partners could not agree on how to bring its licenses out of
> default, GreenTech asked ICANN to terminate its licenses. The rest of the
> JV Partners (other than GreenTech and Mr. Ahmad) are willing to have
> Mobiledots become the Registered Operator of the Mobily licenses and intend
> to work with ICANN constructively to bring the licenses back into
> compliance.
>
>
>
> Returning to ICANN's reason for its tentative decision to disallow any
> reinstatement of the licenses, Mobiledots very much desires (a) to have the
> two GreenTech licenses transferred to itself as Registered Operator (b) so
> that it can Finance  and reinstate the two Mobily licenses into good
> standing, obtaining all needed ICANN qualifications.
>
>
>
> MobileDots LLC partners  were contracted by Mobily to obtain the Two
> licenses and operate the TLDs through MobileDots  . MobileDots have
> contracted Greentech WLL to apply for  the licenses and reassign them  to
> MobileDots  (and then Mobily)  . Greentech is no longer a registered
> company and no longer wants to keep the licneses. Thus, our request to be
> the successor operator of the TLDs.
>
>
>
> If you have further questions regarding Mobiledots' above request, please
> let me know  what they are and how we can satisfy you further that we are
> the beneficial owner of the licenses (until we can transfer them to
> Mobily). Thank you for your careful attention to this matter.
>
>
>
>                                                               Mobiledots
> L.L.C.
>
>                                                               Wael Lotfy
> Nasr AbdelAtti Helali
>
>                                                               By: Wael
> Lotfy Nasr AbdelAtti Helali
>
>                                                               Chairman.
> --
> ---------------------------
> Wael Nasr
> Managing Partner- TLDVIilla LLC
> http://icannwiki.com/Wael_Nasr
> http://www.linkedin.com/in/nasrwael
> US Office : +1 209 682 5144.
> Bahrain mobile :+973 393 16891
>


-- 
---------------------------
Wael Nasr
Managing Partner- TLDVIilla LLC
http://icannwiki.com/Wael_Nasr
http://www.linkedin.com/in/nasrwael
US Office : +1 209 682 5144.
Bahrain mobile :+973 393 16891
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