[Ws2-jurisdiction] [Issue and Solution] Seeking an OFAC License process

[farzaneh badii]

Seeking an OFAC license has been reported to be lengthy and not very
transparent. Also as Mr. Rodenbaugh explained below, OFAC licenses are
time-limited and require a periodic application. It can hamper
registries/registrars businesses.
 ICANN has reportedly been untransparent about the application of OFAC
license process.

Solution: ICANN should commit to apply for an OFAC license and be
transparent about the application process and its actions with regards to
application.

As to the lengthy nature of the process, perhaps attempting to receive a
general OFAC license for ICANN functions would be a solution for all this.




On Mon, Aug 7, 2017 at 3:16 PM, Mike Rodenbaugh <mike at rodenbaugh.com> wrote:

I agree with Jeff's proposal that ICANN be required to make a good faith
application for OFAC license whenever it is necessary to fulfill the
purpose of registry and/or registrar agreements.  And I support his 2d
question, requesting details.



Note that OFAC doesn't just hamper registries and registrars located or
formed in sanctioned countries, but also registries and registrars with
officers, directors or significant shareholders from any of the sanctioned
countries (regardless where the business is located or formed).  Note
further that OFAC licenses are time-limited, requiring periodic
reapplication.  And ICANN legal has told me that they were not required to
seek an OFAC license for my client, even though that client had executed
registry agreements with ICANN.  I disputed that, and they got the license;
but there is no guarantee they will seek it again when it expires, even
though the registries are live.



I can't see any good reason why ICANN should not be required at least to
make a good faith effort to get a license.  It seems at least to be implied
in the registry agreement anyway, via the covenant of good faith and fair
dealing inherent in every contract (at least under California law).  If
ICANN refused to seek a license, it would frustrate the purpose of the
entire agreement.


Mike Rodenbaugh

RODENBAUGH LAW

tel/fax:  +1.415.738.8087 <(415)%20738-8087>

http://rodenbaugh.com





Farzaneh
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