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As agreed on the call today please find the new reference text for Recommendation 11 which will be discussed at the special meeting of the CCWG on Monday February 8th (12:00 UTC) and will be considered by the CCWG at its next full meeting on February 9th (12:00 UTC) to confirm, or not, if it is a consensus position of the CCWG-Accountability.

To assist you in considering the proposal you will find below a summary of the changes that are being recommended. In addition to this, and given these changes require modifications to Recommendations 1 and 2, which have been finalized, please find attached the finalized versions of Recommendations 1 and 2 with the proposed changes noted in red line. Given Recommendation 11 is not yet finalized the current draft which includes the most recent amendments (no new obligations, rationale and conformity with ICANN Bylaws)is provided with the changes from 2/3rds to 60% being red lined in this version. A proposed draft text in para 22 has been added to explain the changes in Recommendation 11

Summary of changes:

1. Modify Rec #1/Annex 1 and Rec #2/Annex 2 

·    Add the following to the end of Paragraph 23 in Rec #1/Annex 1:  

The GAC may not, however, participate as a decision maker in the Empowered Community’s consideration of the exercise a community power for the purpose of challenging or blocking the Board’s implementation of GAC Advice. In such cases, the GAC remains free to participate in community deliberations in an advisory capacity, but its views will not count towards or against otherwise agreed thresholds needed to initiate a conference call, convene a Community Forum, or exercise a specific Community Power.  This carve out preserves the ICANN Board’s unique obligation to work with the GAC try to find a mutually acceptable solution to implementation of GAC Advice supported by consensus (as defined in Rec. #11) while protecting the community’s power to challenge such Board decisions.

·    Modify the Table in Rec. #2/Annex 2 to reflect this carve out and add the following language to cover situations that would otherwise require the support of four SOs or ACs:

(para 51) The CCWG-Accountability also recommends that in a situation where the GAC may not participate as a Decisional AC because the community power is proposed to be used to challenge the Board’s implementation of GAC Advice and the threshold is set at four in support, the power will still be validly exercised if three are in support and no more than one objects. 

2.  Modify Recommendation 11 to reflect 60% threshold for rejection of GAC advice by Board, with note to drafters that supermajority requirement is not intended to create any presumption or modify the standard applied by the Board in reviewing GAC Advice. (60% replaced 2/3rds where appropriate – added draft para 22 for consistency)

3.  During dedicated Recommendation 11 meetings (4 February and 8 February)

·     Discuss and accept Recommendation 1 with change described   above as first final reading;

·     Discuss and accept Recommendation 2 with change described above as first final reading; and

·    Discuss and accept Recommendation 11 with changes described above as first final reading.

4. Submit the package deal to the CCWG for final consideration (2^nd final reading) at its conference call scheduled for 9 February, noting delicate balance requiring compromise on all sides to reach consensus and recommending adoption “as is” (assuming consensus on Dedicated Recommendation 11 calls).