[Ws2-jurisdiction] OFAC Rec.s

Wed Sep 20 19:54:48 UTC 2017

Dear all,

EU sanctions may have affected registrars doing business with Iranian citizens.
An overview: http://www.consilium.europa.eu/en/policies/sanctions/iran/
Mostly relevant (besides individual sanctions) – lifted on 16 January 2016: restrictions in the financial sector: freezing the assets of the Central Bank of Iran and major Iranian commercial banks, laying down notification and authorisation mechanisms for transfers of funds above certain amounts to Iranian financial institutions

A general license is a good idea, e.g. excluding explicitly registries and registrars and its financial transactions from financial sanctions in the legal instruments. Decisions are the competence of the Council of the EU, proposed by the High Representative of the Union for Foreign Affairs and Security Policy. Like in the U.S. – it is not easy but possible.

Best,
Erich

Von: Paul Rosenzweig<mailto:paul.rosenzweig at redbranchconsulting.com>
Gesendet: Mittwoch, 20. September 2017 21:29
An: 'Greg Shatan'<mailto:gregshatanipc at gmail.com>; 'Kavouss Arasteh'<mailto:kavouss.arasteh at gmail.com>
Cc: 'ws2-jurisdiction'<mailto:ws2-jurisdiction at icann.org>
Betreff: Re: [Ws2-jurisdiction] OFAC Rec.s

I agree with Greg.  It seems clear from what Erica said that this is not an OFAC issue at all but rather an EU sanctions issue (perhaps ICANN should also be getting a general license from the EU ??) and since it is an individual registrar it isn’t an ICANN issue either

Paul

Paul Rosenzweig
paul.rosenzweig at redbranchconsulting.com<mailto:paul.rosenzweig at redbranchconsulting.com>
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From: ws2-jurisdiction-bounces at icann.org [mailto:ws2-jurisdiction-bounces at icann.org] On Behalf Of Greg Shatan
Sent: Wednesday, September 20, 2017 2:07 PM
To: Kavouss Arasteh <kavouss.arasteh at gmail.com>
Cc: ws2-jurisdiction <ws2-jurisdiction at icann.org>
Subject: Re: [Ws2-jurisdiction] OFAC Rec.s

Kavouss,

As a factual happening, I don't see why this should be reflected in our report.  Resello's business decision does not seem to be related to OFAC, US jurisdiction or to any ICANN-related jurisdiction.

I asked you whether Resello's agreement with ICANN (the Registrar Accreditation Agreement (RAA)) prohibits Resello from establishing the policy you have mentioned.  If ICANN does not prohibit this policy, and it is not triggered by OFAC or some other connection to ICANN's jurisdictions, then it seems to be unconnected to our work.

I don't know whether there is an EU or Dutch law that requires this policy, or whether there is one that prohibits it.  If there is one that requires it, that is not an "ICANN jurisdiction" issue.  If there is one that prohibits it and Resello is violating Dutch law, then it may be that Resello is violating the RAA requirement (Section 3.7.2) that Registrars abide by applicable law.  But again, that's a Compliance issue.

Best regards,

Greg

On Wed, Sep 20, 2017 at 1:46 PM, Kavouss Arasteh <kavouss.arasteh at gmail.com<mailto:kavouss.arasteh at gmail.com>> wrote:
Dear Greg
I do not know what question you raised.
If you believe that Mark Assenberg
 from Resello  which is a subsidiary company for Yourholding holding:

with the below address 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<tel:+31%2038%20453%200752>
based in Netherlands.being  a  non  US-Based company  on the basis of which section of the RAA refrain 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)?
May you address this issue as a factual happening .
Pls kindly advise how you trest and reflect that in the report
Regards
Kavouss

On Wed, Sep 20, 2017 at 7:28 PM, Nigel Roberts <nigel at channelisles.net<mailto:nigel at channelisles.net>> wrote:

On 20/09/17 18:19, Greg Shatan wrote:
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)?

In the United Kingdom, never mind the RAA, this would be quite illegal (see s.13, prohibited conduct) unless such treatment is required by law (e.g.  required by legally binding sanctions).

How can anyone in the 21st century believe that any "business decision" doctrine could allow making decisions on the basis of race/citizenship (or any other protected characteristic) is quite alien over here and incomprehensible.

http://www.legislation.gov.uk/ukpga/2010/15

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