[Ws2-jurisdiction] OFAC: Background Reading -- a few FAQs and Overviews

Thu Aug 3 10:55:31 UTC 2017

Hello Greg/Staff,

I just like to note that it seem my question wasn't captured on the list.
Here was my question again:

"Can ICANN operation be impacted by OFAC? If Yes, how?"

There is a question no 5[1] that touched on a section of mine but I don't
think the response to question 5 will adequately address my question as I
believe the operation of ICANN is not solely ccTLD/gTLD alone. I have heard
in the past that OFAC list/restrictions does affect ability for certain
people to attend ICANN meetings, also ICANN does not just serve names only.

Regards
1. How could OFAC terms and conditions impact gTLDs and ccTLDs?

On Mon, Jul 31, 2017 at 5:14 PM, Seun Ojedeji <seun.ojedeji at gmail.com>
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 redbranchcons
> ulting.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
>> O: +1 (202) 547-0660
>> M: +1 (202) 329-9650
>> VOIP: +1 (202) 738-1739
>> www.redbranchconsulting.com
>> My PGP Key:
>> 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] On Behalf Of Nigel Roberts
>> Sent: Monday, July 31, 2017 3:19 AM
>> To: 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/Page
>> s/faq_general.as
>> px#licenses
>> <https://www.treasury.gov/resource-center/faqs/Sanctions/Pages/faq_general.aspx#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>> 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/Page
>> s/faq_general.as
>> px#basic
>> <https://www.treasury.gov/resource-center/faqs/Sanctions/Pages/faq_general.aspx#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-s
>> anctions-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
>> >>
>> >> Wikipedia
>> >> https://en.wikipedia.org/wiki/Office_of_Foreign_Assets_Control
>> >>
>> >> IEEE and OFAC:
>> >>
>> https://www.ieee.org/about/corporate/compliance/legal/ofac/D
>> F_IEEE_MIG_NAV_9
>> 4987
>> >>
>> >>
>> >>
>> >>
>> >> Greg
>> >> <4 Steps Toward OFAC Sanctions Compliance.docx>
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>> >
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-- 
------------------------------------------------------------------------

*Seun Ojedeji,Federal University Oye-Ekitiweb:      http://www.fuoye.edu.ng
<http://www.fuoye.edu.ng> Mobile: +2348035233535**alt email:
<http://goog_1872880453>seun.ojedeji at fuoye.edu.ng
<seun.ojedeji at fuoye.edu.ng>*

Bringing another down does not take you up - think about your action!
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