[Ws2-jurisdiction] OFAC: Background Reading -- a few FAQs and Overviews
parminder
parminder at itforchange.net
Tue Aug 1 05:51:41 UTC 2017
My questions to ICANN legal on OFAC are:
What if a business/ party from an country under OFAC sanctions applies
for a gTLD? Will ICANN necessarily seek a waiver? What if a waiver is
not given?
What if a future US administration seeks to enforce OFAC on ICANN's
ccTLD dealings with any country? What would happen to that ccTLD? (An
article by Farzaneh in IGP blog for instance says that access to
DNS"should not be hampered by the change of political administration in
the U.S" meaning whatever soultions we suggest these must be
future-proofed against political changes in the US.)
What happens to an existing gTLD owned by a party in country on which US
administration decides to apply OFAC sanctions (and a waiver if asked
for is not got)?
Thanks, parminder
On Monday 31 July 2017 09:44 PM, Seun Ojedeji wrote:
> Dear all,
>
> Just one question I like to add is:
>
> Can ICANN operation be impacted by OFAC? If Yes, how?
>
> I will also appreciate if ways to address the impact(if any) can be
> stated as well.
>
> Regards
> PS: Okay maybe that was 1.5 questions ;-)
> Sent from my mobile
> Kindly excuse brevity and typos
>
> On Jul 31, 2017 3:58 PM, "Paul Rosenzweig"
> <paul.rosenzweig at redbranchconsulting.com
> <mailto:paul.rosenzweig at redbranchconsulting.com>> wrote:
>
> My question to Sam would be simple:
>
> Since its inception, has ICANN's operation been impacted by OFAC?
> If so,
> how?
>
> Since its inception, is ICANN aware of OFAC impacting the
> operation of any
> of the related DNS organizations -- registrars, registries, etc.?
> If so,
> how?
>
> Does ICANN Legal have an opinion on whether the IANA transition to
> the new
> structures will change how OFAC has (or has not) impacted its
> operation or
> those of the related DNS organizations? If so, what is that opinion?
>
> Thanks
> Paul
>
>
> Paul Rosenzweig
> paul.rosenzweig at redbranchconsulting.com
> <mailto:paul.rosenzweig at redbranchconsulting.com>
> O: +1 (202) 547-0660 <tel:%2B1%20%28202%29%20547-0660>
> M: +1 (202) 329-9650 <tel:%2B1%20%28202%29%20329-9650>
> VOIP: +1 (202) 738-1739 <tel:%2B1%20%28202%29%20738-1739>
> www.redbranchconsulting.com <http://www.redbranchconsulting.com>
> My PGP Key:
> https://keys.mailvelope.com/pks/lookup?op=get&search=0x9A830097CA066684
> <https://keys.mailvelope.com/pks/lookup?op=get&search=0x9A830097CA066684>
>
> -----Original Message-----
> From: ws2-jurisdiction-bounces at icann.org
> <mailto:ws2-jurisdiction-bounces at icann.org>
> [mailto:ws2-jurisdiction-bounces at icann.org
> <mailto:ws2-jurisdiction-bounces at icann.org>] On Behalf Of Nigel
> Roberts
> Sent: Monday, July 31, 2017 3:19 AM
> To: ws2-jurisdiction at icann.org <mailto:ws2-jurisdiction at icann.org>
> Subject: Re: [Ws2-jurisdiction] OFAC: Background Reading -- a few
> FAQs and
> Overviews
>
> OFAC applies, it seems, to ALL countries, not a few
>
> See answer 10 at
> https://www.treasury.gov/resource-center/faqs/Sanctions/Pages/faq_general.as
> px#licenses
> <https://www.treasury.gov/resource-center/faqs/Sanctions/Pages/faq_general.as%0Apx#licenses>
>
>
> The real key as to whether ICANN and/or PTI is seriously affected
> by OFAC
> depends not so much on the countries to which OFAC applies (to
> which, for
> the reasons above the answer is "ALL"), but to the true
> construction of the
> expression "prohibited transaction".
>
> OFAC's own website gives a fairly general and broad definition: "
> trade or
> financial transactions and other dealings in which U.S. persons
> may not
> engage unless authorized by OFAC or expressly exempted by statute."
>
> But what matters is the detail of the statute and the regulations
> issued
> under it.
>
>
> Nonetheless, if ICANN, or PTI does not engage in prohibited
> transactions
> for which a license would be required, then the effect of the OFAC
> system is going to be negligible, or insignificant.
>
> (Unfortunately, risk aversion, an over-abundance of caution, and a
> 'box-ticking' approach might result in an inappropriately
> disproportionate approach to compliance "just to make sure").
>
> Which is a risk in itself.
>
>
>
> On 31/07/17 07:53, Arasteh wrote:
> > Greg
> > Tks for the info which are available on GOOGLE but nor quickly
> as you
> > gathered.
> > Appreciation for that
> > I request you to kindly collect the names of countries to which OFAC
> > applies by ICANN
> > Kavouss
> >
> > Sent from my iPhone
> >
> > On 31 Jul 2017, at 08:40, Greg Shatan <gregshatanipc at gmail.com
> <mailto:gregshatanipc at gmail.com>
> > <mailto:gregshatanipc at gmail.com
> <mailto:gregshatanipc at gmail.com>>> wrote:
> >
> >> All,
> >>
> >> I thought it might be helpful to provide some background
> information
> >> on OFAC in advance of Tuesday's meeting. These are intended to
> >> provide overall information on OFAC, not analysis of the
> relationshipO
> >> between OFAC compliance and ICANN. If there are other helpful
> general
> >> resources, please reply to this email.
> >>
> >> OFAC FAQ, General Questions:
> >>
> https://www.treasury.gov/resource-center/faqs/Sanctions/Pages/faq_general.as
> px#basic
> <https://www.treasury.gov/resource-center/faqs/Sanctions/Pages/faq_general.as%0Apx#basic>
> >>
> >> A basic overview of OFAC compliance for US-based businesses (a
> little
> >> old (2011), but still helpful):
> >>
> https://www.law360.com/articles/262952/4-steps-toward-ofac-sanctions-complia
> <https://www.law360.com/articles/262952/4-steps-toward-ofac-sanctions-complia>
> nce
> >> (Also attached as PDF in case the link can't be accessed)
> >>
> >> Good overview, though oriented toward banks and financial
> >> institutions, from FFIEC (Federal Financial Institutions
> Examination
> >> Council, a US inter-agency body empowered to prescribe uniform
> >> principles, standards, and report forms for the federal
> examination of
> >> financial institutions):
> >> https://www.ffiec.gov/bsa_aml_infobase/pages_manual/olm_037.htm
> <https://www.ffiec.gov/bsa_aml_infobase/pages_manual/olm_037.htm>
> >>
> >> Wikipedia
> >> https://en.wikipedia.org/wiki/Office_of_Foreign_Assets_Control
> <https://en.wikipedia.org/wiki/Office_of_Foreign_Assets_Control>
> >>
> >> IEEE and OFAC:
> >>
> https://www.ieee.org/about/corporate/compliance/legal/ofac/DF_IEEE_MIG_NAV_9
> <https://www.ieee.org/about/corporate/compliance/legal/ofac/DF_IEEE_MIG_NAV_9>
> 4987
> >>
> >>
> >>
> >>
> >> Greg
> >> <4 Steps Toward OFAC Sanctions Compliance.docx>
> >> _______________________________________________
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