[Ws2-jurisdiction] OFAC Rec.s

[Greg Shatan]

Kavouss,

Can you please guide me to the section of the RAA that would prevent such a
business decision (i.e., a registrar deciding not to do business with
citizens of a given country (whether it is Canada, Haiti, Iran or
otherwise)?

If there is such a provision, this would seem to be a compliance issue.  If
there is not such a provision, I don't see how this particular issue comes
within the scope of our group, since there is no indication that Resello's
decision is triggered by OFAC (or by any non-US sanctions for that matter).

I have briefly reviewed the Resello Master Reseller Agreement and see no
mention of OFAC or sanctions generally.  I note that Resello reserves the
right to refuse any potential reseller.  The agreement can be found here:
https://www.resello.com/agreement#TCgeneral

Please note that I am not supporting Resello's decision regarding Iranian
citizens (though I have no idea why they made it), and I share your dismay
with such a business policy.

Best regards,

Greg

On Wed, Sep 20, 2017 at 2:36 AM, Kavouss Arasteh <kavouss.arasteh at gmail.com>
wrote:

> Dear Greg.
> At the call on 13 Sept as well as on 18 Sept you asked to provide examples
> that NON US BASED Registrar should not replicate Rules established by OFAC
> in regard with request from registrant or reseller for domain name
> Here is the example that you are looking for .
> This is a real and actual case
>
> *An individual domain Name  Iranian National  reseller residing outside
> Iran sent a request  to <sales at resello.com <sales at resello.com>>in  an
> online form, asking  to become reseller of Domain Name  in Iran (to sell
> domains to Iranian people) *
>
> *He received the following reply*
>
> *Quote*
>
> *“On Tue, Sep 19, 2017 at 9:48 PM, Resello Sales <sales at resello.com
> <sales at resello.com>> wrote:*
>
> *Dear reseller ( XXX) *
>
> *Unfortunately our policy restricts doing business with Iranian
> customers/resellers, even if they aren't living in Iran, but have an
> Iranian passport.*
>
>
>
>
> *Kind regards, Mark Assenberg It is worth mentioning that Resello is a
> subsidiary company for following holding:*
>
>
>
>
> *Yourholding Ceintuurbaan 28
> <https://maps.google.com/?q=Ceintuurbaan+28+8024+AA+Zwolle&entry=gmail&source=g>
> 8024 AA Zwolle
> <https://maps.google.com/?q=Ceintuurbaan+28+8024+AA+Zwolle&entry=gmail&source=g>
> +31 38 453 0752 <+31%2038%20453%200752>*
>
> *The name is Yourholding and they are based in Netherlands. So they are
> not US-Based company.*
>
> *They do not want to explain why they don't want to provide service to
> Iranian. They say, they is our internal policy decision.*
>
> *It is important to make it clear that none of Registrars and service
> providers  which are not US Nationals or not based in USA cannot make
> internal policies to avoid giving services  to a given citizens. This is a
> global business not a personal decision of  a company or its managers.They
> must fully observe the expected behaviour and responses *
>
> *It is important to emphasize that non-US based companies  should not to
> replicate the rules inside USA. *
>
> *Regards*
>
> *Kavouss *
>
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