IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Dear all,
You find at the link below the updated project’s expenses as of FY16 Q3 (from July 2014 to March 2016). As indicated a few months ago, we have added new detailed information on the staff support with the individual positions, names and percentages of effort over the period.
https://www.icann.org/resources/pages/iana-stewardship-project-costs
Thank you.
Best,
Xavier
Xavier Calvez
ICANN
CFO
12025 Waterfront Drive, Suite 300
Los Angeles, CA 90094
Office : +1 (310) 301 5838
Mobile : +1 (805) 312 0052
Fax : +1 (310) 957-2348
Xavier,
Thank you. Could you please provide a more detailed breakdown of legal advice, US government affairs, and educations/engagement/advice? In each category, there are multiple firms/vendors listed (https://www.icann.org/en/system/files/files/iana-stewardship-expenses-profes...). I would appreciate the amount provided to each individual vendor. If it is provided somewhere, I would appreciate you letting me know where to find it.
Much appreciated,
Brett
Brett Schaefer Jay Kingham Senior Research Fellow in International Regulatory Affairs Margaret Thatcher Center for Freedom Davis Institute for National Security and Foreign Policy The Heritage Foundation 214 Massachusetts Avenue, NE Washington, DC 20002 202-608-6097 heritage.org<http://heritage.org/> From: accountability-cross-community-bounces@icann.org [mailto:accountability-cross-community-bounces@icann.org] On Behalf Of Xavier J. Calvez Sent: Saturday, June 18, 2016 12:10 AM To: community-finance@icann.org; cwg-stewardship@icann.org; CCWG-Accountability Cc: Executive Team; COMMS Team; icann-board@icann.org; Finance Staff Subject: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Dear all, You find at the link below the updated project’s expenses as of FY16 Q3 (from July 2014 to March 2016). As indicated a few months ago, we have added new detailed information on the staff support with the individual positions, names and percentages of effort over the period.
https://www.icann.org/resources/pages/iana-stewardship-project-costs
Thank you.
Best, Xavier
Xavier Calvez ICANN CFO 12025 Waterfront Drive, Suite 300 Los Angeles, CA 90094 Office : +1 (310) 301 5838 Mobile : +1 (805) 312 0052 Fax : +1 (310) 957-2348
And since we are asking, one other question Xavier: The item on lobbying notes: “Includes all external lobbying expenditures, not only those related to the IANA Stewardship Transition.” While I appreciate the difficulty in cost-allocation, could you identify the other major topics of lobbying during the relevant time frame. I am not aware of any other efforts that match the magnitude of the transition project, but I am happy to be corrected.
Thanks
Paul
Paul Rosenzweig
<mailto:paul.rosenzweig@redbranchconsulting.com> paul.rosenzweig@redbranchconsulting.com
O: +1 (202) 547-0660
M: +1 (202) 329-9650
VOIP: +1 (202) 738-1739
<http://www.redbranchconsulting.com/> www.redbranchconsulting.com
My PGP Key: <http://redbranchconsulting.com/who-we-are/public-pgp-key/> http://redbranchconsulting.com/who-we-are/public-pgp-key/
From: accountability-cross-community-bounces@icann.org [mailto:accountability-cross-community-bounces@icann.org] On Behalf Of Schaefer, Brett Sent: Tuesday, June 21, 2016 3:55 PM To: Xavier J. Calvez <xavier.calvez@icann.org>; community-finance@icann.org; cwg-stewardship@icann.org; CCWG-Accountability <accountability-cross-community@icann.org> Cc: Executive Team <executive-team@icann.org>; COMMS Team <commsteam@icann.org>; icann-board@icann.org; Finance Staff <finance-staff@icann.org> Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Xavier,
Thank you. Could you please provide a more detailed breakdown of legal advice, US government affairs, and educations/engagement/advice? In each category, there are multiple firms/vendors listed (https://www.icann.org/en/system/files/files/iana-stewardship-expenses-profes...). I would appreciate the amount provided to each individual vendor. If it is provided somewhere, I would appreciate you letting me know where to find it.
Much appreciated,
Brett
Brett Schaefer Jay Kingham Senior Research Fellow in International Regulatory Affairs Margaret Thatcher Center for Freedom Davis Institute for National Security and Foreign Policy The Heritage Foundation 214 Massachusetts Avenue, NE Washington, DC 20002 202-608-6097 <http://heritage.org/> heritage.org
From: accountability-cross-community-bounces@icann.org <mailto:accountability-cross-community-bounces@icann.org> [mailto:accountability-cross-community-bounces@icann.org] On Behalf Of Xavier J. Calvez Sent: Saturday, June 18, 2016 12:10 AM To: community-finance@icann.org <mailto:community-finance@icann.org> ; cwg-stewardship@icann.org <mailto:cwg-stewardship@icann.org> ; CCWG-Accountability Cc: Executive Team; COMMS Team; icann-board@icann.org <mailto:icann-board@icann.org> ; Finance Staff Subject: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Dear all,
You find at the link below the updated project’s expenses as of FY16 Q3 (from July 2014 to March 2016). As indicated a few months ago, we have added new detailed information on the staff support with the individual positions, names and percentages of effort over the period.
https://www.icann.org/resources/pages/iana-stewardship-project-costs
Thank you.
Best,
Xavier
Xavier Calvez
ICANN
CFO
12025 Waterfront Drive, Suite 300
Los Angeles, CA 90094
Office : +1 (310) 301 5838
Mobile : +1 (805) 312 0052
Fax : +1 (310) 957-2348
Dear Brett, Thank you for your interest and question. We currently publish the list of all vendors from whom ICANN obtain services in relation to the IANA Stewardship transition. The $$ value of the services received is aggregated by category of expenses, which you mention below (US Government affairs, Education/engagement/advice,…). This presentation is driven by 2 factors: providing clarity as to the type of services received, and abiding by the contractual obligation of confidentiality in force with each of the vendors (resulting from standard business sensitive information). We do publish however the detail of the legal advice, by firm and by working group, on this same page (see for example the link to the report of fees by firm: https://www.icann.org/en/system/files/files/iana-stewardship-expenses-legal-...). You will also find more information relative to ICANN’s lobbying in the following blog published a few months ago. In this blog, you will also find links to the disclosure reports that ICANN makes on lobbying activities. https://www.icann.org/resources/pages/lobbying-disclosures-contributions-201.... Lastly, further information on lobbying appears in ICANN’s form 990 (Schedule C, Part II-B. On page 33/73 of the FY15 form 990 published at the following link): https://www.icann.org/en/system/files/files/fy-2015-form-990-10may16-en.pdf I hope this helps. Please let me know if you have further questions.
Thank you.
Best, Xavier
Xavier Calvez ICANN CFO 12025 Waterfront Drive, Suite 300 Los Angeles, CA 90094 Office : +1 (310) 301 5838 Mobile : +1 (805) 312 0052 Fax : +1 (310) 957-2348
From: "Schaefer, Brett" <Brett.Schaefer@heritage.org> Date: Tuesday, June 21, 2016 at 9:54 PM To: Xavier Calvez <xavier.calvez@icann.org>, "community-finance@icann.org" <community-finance@icann.org>, "cwg-stewardship@icann.org" <cwg-stewardship@icann.org>, CCWG-Accountability <accountability-cross-community@icann.org> Cc: Executive Team <executive-team@icann.org>, COMMS Team <commsteam@icann.org>, "icann-board@icann.org" <icann-board@icann.org>, Finance Staff <finance-staff@icann.org> Subject: RE: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Xavier,
Thank you. Could you please provide a more detailed breakdown of legal advice, US government affairs, and educations/engagement/advice? In each category, there are multiple firms/vendors listed (https://www.icann.org/en/system/files/files/iana-stewardship-expenses-profes...). I would appreciate the amount provided to each individual vendor. If it is provided somewhere, I would appreciate you letting me know where to find it.
Much appreciated,
Brett
Brett Schaefer Jay Kingham Senior Research Fellow in International Regulatory Affairs Margaret Thatcher Center for Freedom Davis Institute for National Security and Foreign Policy The Heritage Foundation 214 Massachusetts Avenue, NE Washington, DC 20002 202-608-6097 heritage.org<http://heritage.org/> From: accountability-cross-community-bounces@icann.org [mailto:accountability-cross-community-bounces@icann.org] On Behalf Of Xavier J. Calvez Sent: Saturday, June 18, 2016 12:10 AM To: community-finance@icann.org; cwg-stewardship@icann.org; CCWG-Accountability Cc: Executive Team; COMMS Team; icann-board@icann.org; Finance Staff Subject: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Dear all, You find at the link below the updated project’s expenses as of FY16 Q3 (from July 2014 to March 2016). As indicated a few months ago, we have added new detailed information on the staff support with the individual positions, names and percentages of effort over the period.
https://www.icann.org/resources/pages/iana-stewardship-project-costs
Thank you.
Best, Xavier
Xavier Calvez ICANN CFO 12025 Waterfront Drive, Suite 300 Los Angeles, CA 90094 Office : +1 (310) 301 5838 Mobile : +1 (805) 312 0052 Fax : +1 (310) 957-2348
Dear all, It appears that the first link in my email further below (detail of legal fees by firm) does not resolve correctly. Please use the below instead. https://www.icann.org/en/system/files/files/iana-stewardship-expenses-legal-...
Thank you.
Best, Xavier
Xavier Calvez ICANN CFO 12025 Waterfront Drive, Suite 300 Los Angeles, CA 90094 Office : +1 (310) 301 5838 Mobile : +1 (805) 312 0052 Fax : +1 (310) 957-2348
From: Xavier Calvez <xavier.calvez@icann.org> Date: Wednesday, June 22, 2016 at 1:01 PM To: "Schaefer, Brett" <Brett.Schaefer@heritage.org>, "community-finance@icann.org" <community-finance@icann.org>, "cwg-stewardship@icann.org" <cwg-stewardship@icann.org>, CCWG-Accountability <accountability-cross-community@icann.org> Cc: Executive Team <executive-team@icann.org>, COMMS Team <commsteam@icann.org>, "icann-board@icann.org" <icann-board@icann.org>, Finance Staff <finance-staff@icann.org> Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Dear Brett, Thank you for your interest and question. We currently publish the list of all vendors from whom ICANN obtain services in relation to the IANA Stewardship transition. The $$ value of the services received is aggregated by category of expenses, which you mention below (US Government affairs, Education/engagement/advice,…). This presentation is driven by 2 factors: providing clarity as to the type of services received, and abiding by the contractual obligation of confidentiality in force with each of the vendors (resulting from standard business sensitive information). We do publish however the detail of the legal advice, by firm and by working group, on this same page (see for example the link to the report of fees by firm: https://www.icann.org/en/system/files/files/iana-stewardship-expenses-legal-...). You will also find more information relative to ICANN’s lobbying in the following blog published a few months ago. In this blog, you will also find links to the disclosure reports that ICANN makes on lobbying activities. https://www.icann.org/resources/pages/lobbying-disclosures-contributions-201.... Lastly, further information on lobbying appears in ICANN’s form 990 (Schedule C, Part II-B. On page 33/73 of the FY15 form 990 published at the following link): https://www.icann.org/en/system/files/files/fy-2015-form-990-10may16-en.pdf I hope this helps. Please let me know if you have further questions.
Thank you.
Best, Xavier
Xavier Calvez ICANN CFO 12025 Waterfront Drive, Suite 300 Los Angeles, CA 90094 Office : +1 (310) 301 5838 Mobile : +1 (805) 312 0052 Fax : +1 (310) 957-2348
From: "Schaefer, Brett" <Brett.Schaefer@heritage.org> Date: Tuesday, June 21, 2016 at 9:54 PM To: Xavier Calvez <xavier.calvez@icann.org>, "community-finance@icann.org" <community-finance@icann.org>, "cwg-stewardship@icann.org" <cwg-stewardship@icann.org>, CCWG-Accountability <accountability-cross-community@icann.org> Cc: Executive Team <executive-team@icann.org>, COMMS Team <commsteam@icann.org>, "icann-board@icann.org" <icann-board@icann.org>, Finance Staff <finance-staff@icann.org> Subject: RE: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Xavier,
Thank you. Could you please provide a more detailed breakdown of legal advice, US government affairs, and educations/engagement/advice? In each category, there are multiple firms/vendors listed (https://www.icann.org/en/system/files/files/iana-stewardship-expenses-profes...). I would appreciate the amount provided to each individual vendor. If it is provided somewhere, I would appreciate you letting me know where to find it.
Much appreciated,
Brett
Brett Schaefer Jay Kingham Senior Research Fellow in International Regulatory Affairs Margaret Thatcher Center for Freedom Davis Institute for National Security and Foreign Policy The Heritage Foundation 214 Massachusetts Avenue, NE Washington, DC 20002 202-608-6097 heritage.org<http://heritage.org/> From: accountability-cross-community-bounces@icann.org [mailto:accountability-cross-community-bounces@icann.org] On Behalf Of Xavier J. Calvez Sent: Saturday, June 18, 2016 12:10 AM To: community-finance@icann.org; cwg-stewardship@icann.org; CCWG-Accountability Cc: Executive Team; COMMS Team; icann-board@icann.org; Finance Staff Subject: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Dear all, You find at the link below the updated project’s expenses as of FY16 Q3 (from July 2014 to March 2016). As indicated a few months ago, we have added new detailed information on the staff support with the individual positions, names and percentages of effort over the period.
https://www.icann.org/resources/pages/iana-stewardship-project-costs
Thank you.
Best, Xavier
Xavier Calvez ICANN CFO 12025 Waterfront Drive, Suite 300 Los Angeles, CA 90094 Office : +1 (310) 301 5838 Mobile : +1 (805) 312 0052 Fax : +1 (310) 957-2348
Xavier,
I appreciate the detailed breakdown on the legal fees That is indeed what I was looking for though I would think it useful to have the totals provided in the summary document.
However, I did not see similar information for lobbying or education/ engagement/advice in the links provided. In fact, the only specific information that I saw listed is for Jamie Hedlund at $200,000. No information on other individual firms or vendors is listed at all – only the top line budget expenditure in the summary document link originally sent around.
Could you provide that information?
Thanks,
Brett
Brett Schaefer Jay Kingham Senior Research Fellow in International Regulatory Affairs Margaret Thatcher Center for Freedom Davis Institute for National Security and Foreign Policy The Heritage Foundation 214 Massachusetts Avenue, NE Washington, DC 20002 202-608-6097 heritage.org<http://heritage.org/> From: Xavier J. Calvez [mailto:xavier.calvez@icann.org] Sent: Wednesday, June 22, 2016 10:43 AM To: Schaefer, Brett; community-finance@icann.org; cwg-stewardship@icann.org; CCWG-Accountability Cc: Executive Team; COMMS Team; icann-board@icann.org; Finance Staff Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Dear all, It appears that the first link in my email further below (detail of legal fees by firm) does not resolve correctly. Please use the below instead. https://www.icann.org/en/system/files/files/iana-stewardship-expenses-legal-firm-fy16-01jun16-en.pdf<https://www.icann.org/en/system/files/files/iana-stewardship-expenses-legal-firm-fy16-01jun16-en.pdf>
Thank you.
Best, Xavier
Xavier Calvez ICANN CFO 12025 Waterfront Drive, Suite 300 Los Angeles, CA 90094 Office : +1 (310) 301 5838 Mobile : +1 (805) 312 0052 Fax : +1 (310) 957-2348
From: Xavier Calvez <xavier.calvez@icann.org<mailto:xavier.calvez@icann.org>> Date: Wednesday, June 22, 2016 at 1:01 PM To: "Schaefer, Brett" <Brett.Schaefer@heritage.org<mailto:Brett.Schaefer@heritage.org>>, "community-finance@icann.org<mailto:community-finance@icann.org>" <community-finance@icann.org<mailto:community-finance@icann.org>>, "cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>" <cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>>, CCWG-Accountability <accountability-cross-community@icann.org<mailto:accountability-cross-community@icann.org>> Cc: Executive Team <executive-team@icann.org<mailto:executive-team@icann.org>>, COMMS Team <commsteam@icann.org<mailto:commsteam@icann.org>>, "icann-board@icann.org<mailto:icann-board@icann.org>" <icann-board@icann.org<mailto:icann-board@icann.org>>, Finance Staff <finance-staff@icann.org<mailto:finance-staff@icann.org>> Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Dear Brett, Thank you for your interest and question. We currently publish the list of all vendors from whom ICANN obtain services in relation to the IANA Stewardship transition. The $$ value of the services received is aggregated by category of expenses, which you mention below (US Government affairs, Education/engagement/advice,…). This presentation is driven by 2 factors: providing clarity as to the type of services received, and abiding by the contractual obligation of confidentiality in force with each of the vendors (resulting from standard business sensitive information). We do publish however the detail of the legal advice, by firm and by working group, on this same page (see for example the link to the report of fees by firm: https://www.icann.org/en/system/files/files/iana-stewardship-expenses-legal-firm-fy16-01jun16-en.pdf)<https://www.icann.org/en/system/files/files/iana-stewardship-expenses-legal-firm-fy16-01jun16-en.pdf)>. You will also find more information relative to ICANN’s lobbying in the following blog published a few months ago. In this blog, you will also find links to the disclosure reports that ICANN makes on lobbying activities. https://www.icann.org/resources/pages/lobbying-disclosures-contributions-2015-11-18-en<https://www.icann.org/resources/pages/lobbying-disclosures-contributions-2015-11-18-en>. Lastly, further information on lobbying appears in ICANN’s form 990 (Schedule C, Part II-B. On page 33/73 of the FY15 form 990 published at the following link): https://www.icann.org/en/system/files/files/fy-2015-form-990-10may16-en.pdf<https://www.icann.org/en/system/files/files/fy-2015-form-990-10may16-en.pdf> I hope this helps. Please let me know if you have further questions.
Thank you.
Best, Xavier
Xavier Calvez ICANN CFO 12025 Waterfront Drive, Suite 300 Los Angeles, CA 90094 Office : +1 (310) 301 5838 Mobile : +1 (805) 312 0052 Fax : +1 (310) 957-2348
From: "Schaefer, Brett" <Brett.Schaefer@heritage.org<mailto:Brett.Schaefer@heritage.org>> Date: Tuesday, June 21, 2016 at 9:54 PM To: Xavier Calvez <xavier.calvez@icann.org<mailto:xavier.calvez@icann.org>>, "community-finance@icann.org<mailto:community-finance@icann.org>" <community-finance@icann.org<mailto:community-finance@icann.org>>, "cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>" <cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>>, CCWG-Accountability <accountability-cross-community@icann.org<mailto:accountability-cross-community@icann.org>> Cc: Executive Team <executive-team@icann.org<mailto:executive-team@icann.org>>, COMMS Team <commsteam@icann.org<mailto:commsteam@icann.org>>, "icann-board@icann.org<mailto:icann-board@icann.org>" <icann-board@icann.org<mailto:icann-board@icann.org>>, Finance Staff <finance-staff@icann.org<mailto:finance-staff@icann.org>> Subject: RE: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Xavier,
Thank you. Could you please provide a more detailed breakdown of legal advice, US government affairs, and educations/engagement/advice? In each category, there are multiple firms/vendors listed (https://www.icann.org/en/system/files/files/iana-stewardship-expenses-professional-vendor-01jun16-en.pdf<https://www.icann.org/en/system/files/files/iana-stewardship-expenses-professional-vendor-01jun16-en.pdf>). I would appreciate the amount provided to each individual vendor. If it is provided somewhere, I would appreciate you letting me know where to find it.
Much appreciated,
Brett
Brett Schaefer Jay Kingham Senior Research Fellow in International Regulatory Affairs Margaret Thatcher Center for Freedom Davis Institute for National Security and Foreign Policy The Heritage Foundation 214 Massachusetts Avenue, NE Washington, DC 20002 202-608-6097 heritage.org<http://heritage.org/> From: accountability-cross-community-bounces@icann.org<mailto:accountability-cross-community-bounces@icann.org> [mailto:accountability-cross-community-bounces@icann.org] On Behalf Of Xavier J. Calvez Sent: Saturday, June 18, 2016 12:10 AM To: community-finance@icann.org<mailto:community-finance@icann.org>; cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>; CCWG-Accountability Cc: Executive Team; COMMS Team; icann-board@icann.org<mailto:icann-board@icann.org>; Finance Staff Subject: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Dear all, You find at the link below the updated project’s expenses as of FY16 Q3 (from July 2014 to March 2016). As indicated a few months ago, we have added new detailed information on the staff support with the individual positions, names and percentages of effort over the period.
Thank you.
Best, Xavier
Xavier Calvez ICANN CFO 12025 Waterfront Drive, Suite 300 Los Angeles, CA 90094 Office : +1 (310) 301 5838 Mobile : +1 (805) 312 0052 Fax : +1 (310) 957-2348
Xavier,
Thanks for promising to get this information to me in Helsinki. Do you have an estimate for when it will be provided?
Thanks,
Brett
Brett Schaefer Jay Kingham Senior Research Fellow in International Regulatory Affairs Margaret Thatcher Center for Freedom Davis Institute for National Security and Foreign Policy The Heritage Foundation 214 Massachusetts Avenue, NE Washington, DC 20002 202-608-6097 heritage.org<http://heritage.org/> From: Schaefer, Brett Sent: Wednesday, June 22, 2016 2:39 PM To: 'Xavier J. Calvez'; community-finance@icann.org; cwg-stewardship@icann.org; CCWG-Accountability Cc: Executive Team; COMMS Team; icann-board@icann.org; Finance Staff Subject: RE: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Xavier,
I appreciate the detailed breakdown on the legal fees That is indeed what I was looking for though I would think it useful to have the totals provided in the summary document.
However, I did not see similar information for lobbying or education/ engagement/advice in the links provided. In fact, the only specific information that I saw listed is for Jamie Hedlund at $200,000. No information on other individual firms or vendors is listed at all – only the top line budget expenditure in the summary document link originally sent around.
Could you provide that information?
Thanks,
Brett
From: Xavier J. Calvez [mailto:xavier.calvez@icann.org] Sent: Wednesday, June 22, 2016 10:43 AM To: Schaefer, Brett; community-finance@icann.org<mailto:community-finance@icann.org>; cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>; CCWG-Accountability Cc: Executive Team; COMMS Team; icann-board@icann.org<mailto:icann-board@icann.org>; Finance Staff Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Dear all, It appears that the first link in my email further below (detail of legal fees by firm) does not resolve correctly. Please use the below instead. https://www.icann.org/en/system/files/files/iana-stewardship-expenses-legal-firm-fy16-01jun16-en.pdf<https://www.icann.org/en/system/files/files/iana-stewardship-expenses-legal-firm-fy16-01jun16-en.pdf>
Thank you.
Best, Xavier
Xavier Calvez ICANN CFO 12025 Waterfront Drive, Suite 300 Los Angeles, CA 90094 Office : +1 (310) 301 5838 Mobile : +1 (805) 312 0052 Fax : +1 (310) 957-2348
From: Xavier Calvez <xavier.calvez@icann.org<mailto:xavier.calvez@icann.org>> Date: Wednesday, June 22, 2016 at 1:01 PM To: "Schaefer, Brett" <Brett.Schaefer@heritage.org<mailto:Brett.Schaefer@heritage.org>>, "community-finance@icann.org<mailto:community-finance@icann.org>" <community-finance@icann.org<mailto:community-finance@icann.org>>, "cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>" <cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>>, CCWG-Accountability <accountability-cross-community@icann.org<mailto:accountability-cross-community@icann.org>> Cc: Executive Team <executive-team@icann.org<mailto:executive-team@icann.org>>, COMMS Team <commsteam@icann.org<mailto:commsteam@icann.org>>, "icann-board@icann.org<mailto:icann-board@icann.org>" <icann-board@icann.org<mailto:icann-board@icann.org>>, Finance Staff <finance-staff@icann.org<mailto:finance-staff@icann.org>> Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Dear Brett, Thank you for your interest and question. We currently publish the list of all vendors from whom ICANN obtain services in relation to the IANA Stewardship transition. The $$ value of the services received is aggregated by category of expenses, which you mention below (US Government affairs, Education/engagement/advice,…). This presentation is driven by 2 factors: providing clarity as to the type of services received, and abiding by the contractual obligation of confidentiality in force with each of the vendors (resulting from standard business sensitive information). We do publish however the detail of the legal advice, by firm and by working group, on this same page (see for example the link to the report of fees by firm: https://www.icann.org/en/system/files/files/iana-stewardship-expenses-legal-firm-fy16-01jun16-en.pdf)<https://www.icann.org/en/system/files/files/iana-stewardship-expenses-legal-firm-fy16-01jun16-en.pdf)>. You will also find more information relative to ICANN’s lobbying in the following blog published a few months ago. In this blog, you will also find links to the disclosure reports that ICANN makes on lobbying activities. https://www.icann.org/resources/pages/lobbying-disclosures-contributions-2015-11-18-en<https://www.icann.org/resources/pages/lobbying-disclosures-contributions-2015-11-18-en>. Lastly, further information on lobbying appears in ICANN’s form 990 (Schedule C, Part II-B. On page 33/73 of the FY15 form 990 published at the following link): https://www.icann.org/en/system/files/files/fy-2015-form-990-10may16-en.pdf<https://www.icann.org/en/system/files/files/fy-2015-form-990-10may16-en.pdf> I hope this helps. Please let me know if you have further questions.
Thank you.
Best, Xavier
Xavier Calvez ICANN CFO 12025 Waterfront Drive, Suite 300 Los Angeles, CA 90094 Office : +1 (310) 301 5838 Mobile : +1 (805) 312 0052 Fax : +1 (310) 957-2348
From: "Schaefer, Brett" <Brett.Schaefer@heritage.org<mailto:Brett.Schaefer@heritage.org>> Date: Tuesday, June 21, 2016 at 9:54 PM To: Xavier Calvez <xavier.calvez@icann.org<mailto:xavier.calvez@icann.org>>, "community-finance@icann.org<mailto:community-finance@icann.org>" <community-finance@icann.org<mailto:community-finance@icann.org>>, "cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>" <cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>>, CCWG-Accountability <accountability-cross-community@icann.org<mailto:accountability-cross-community@icann.org>> Cc: Executive Team <executive-team@icann.org<mailto:executive-team@icann.org>>, COMMS Team <commsteam@icann.org<mailto:commsteam@icann.org>>, "icann-board@icann.org<mailto:icann-board@icann.org>" <icann-board@icann.org<mailto:icann-board@icann.org>>, Finance Staff <finance-staff@icann.org<mailto:finance-staff@icann.org>> Subject: RE: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Xavier,
Thank you. Could you please provide a more detailed breakdown of legal advice, US government affairs, and educations/engagement/advice? In each category, there are multiple firms/vendors listed (https://www.icann.org/en/system/files/files/iana-stewardship-expenses-professional-vendor-01jun16-en.pdf<https://www.icann.org/en/system/files/files/iana-stewardship-expenses-professional-vendor-01jun16-en.pdf>). I would appreciate the amount provided to each individual vendor. If it is provided somewhere, I would appreciate you letting me know where to find it.
Much appreciated,
Brett
Brett Schaefer Jay Kingham Senior Research Fellow in International Regulatory Affairs Margaret Thatcher Center for Freedom Davis Institute for National Security and Foreign Policy The Heritage Foundation 214 Massachusetts Avenue, NE Washington, DC 20002 202-608-6097 heritage.org<http://heritage.org/> From: accountability-cross-community-bounces@icann.org<mailto:accountability-cross-community-bounces@icann.org> [mailto:accountability-cross-community-bounces@icann.org] On Behalf Of Xavier J. Calvez Sent: Saturday, June 18, 2016 12:10 AM To: community-finance@icann.org<mailto:community-finance@icann.org>; cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>; CCWG-Accountability Cc: Executive Team; COMMS Team; icann-board@icann.org<mailto:icann-board@icann.org>; Finance Staff Subject: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Dear all, You find at the link below the updated project’s expenses as of FY16 Q3 (from July 2014 to March 2016). As indicated a few months ago, we have added new detailed information on the staff support with the individual positions, names and percentages of effort over the period.
Thank you.
Best, Xavier
Xavier Calvez ICANN CFO 12025 Waterfront Drive, Suite 300 Los Angeles, CA 90094 Office : +1 (310) 301 5838 Mobile : +1 (805) 312 0052 Fax : +1 (310) 957-2348
Brett, Thank you for following up. I will make sure to respond no later than the end of this week.
Thank you.
Best, Xavier
Xavier Calvez ICANN CFO 12025 Waterfront Drive, Suite 300 Los Angeles, CA 90094 Office : +1 (310) 301 5838 Mobile : +1 (805) 312 0052 Fax : +1 (310) 957-2348
From: "Schaefer, Brett" <Brett.Schaefer@heritage.org> Date: Tuesday, July 12, 2016 at 11:38 AM To: Xavier Calvez <xavier.calvez@icann.org>, "community-finance@icann.org" <community-finance@icann.org>, "cwg-stewardship@icann.org" <cwg-stewardship@icann.org>, CCWG-Accountability <accountability-cross-community@icann.org> Cc: Executive Team <executive-team@icann.org>, COMMS Team <commsteam@icann.org>, "icann-board@icann.org" <icann-board@icann.org>, Finance Staff <finance-staff@icann.org> Subject: RE: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Xavier,
Thanks for promising to get this information to me in Helsinki. Do you have an estimate for when it will be provided?
Thanks,
Brett
Brett Schaefer Jay Kingham Senior Research Fellow in International Regulatory Affairs Margaret Thatcher Center for Freedom Davis Institute for National Security and Foreign Policy The Heritage Foundation 214 Massachusetts Avenue, NE Washington, DC 20002 202-608-6097 heritage.org<http://heritage.org/> From: Schaefer, Brett Sent: Wednesday, June 22, 2016 2:39 PM To: 'Xavier J. Calvez'; community-finance@icann.org; cwg-stewardship@icann.org; CCWG-Accountability Cc: Executive Team; COMMS Team; icann-board@icann.org; Finance Staff Subject: RE: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Xavier,
I appreciate the detailed breakdown on the legal fees That is indeed what I was looking for though I would think it useful to have the totals provided in the summary document.
However, I did not see similar information for lobbying or education/ engagement/advice in the links provided. In fact, the only specific information that I saw listed is for Jamie Hedlund at $200,000. No information on other individual firms or vendors is listed at all – only the top line budget expenditure in the summary document link originally sent around.
Could you provide that information?
Thanks,
Brett
From: Xavier J. Calvez [mailto:xavier.calvez@icann.org] Sent: Wednesday, June 22, 2016 10:43 AM To: Schaefer, Brett; community-finance@icann.org<mailto:community-finance@icann.org>; cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>; CCWG-Accountability Cc: Executive Team; COMMS Team; icann-board@icann.org<mailto:icann-board@icann.org>; Finance Staff Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Dear all, It appears that the first link in my email further below (detail of legal fees by firm) does not resolve correctly. Please use the below instead. https://www.icann.org/en/system/files/files/iana-stewardship-expenses-legal-...
Thank you.
Best, Xavier
Xavier Calvez ICANN CFO 12025 Waterfront Drive, Suite 300 Los Angeles, CA 90094 Office : +1 (310) 301 5838 Mobile : +1 (805) 312 0052 Fax : +1 (310) 957-2348
From: Xavier Calvez <xavier.calvez@icann.org<mailto:xavier.calvez@icann.org>> Date: Wednesday, June 22, 2016 at 1:01 PM To: "Schaefer, Brett" <Brett.Schaefer@heritage.org<mailto:Brett.Schaefer@heritage.org>>, "community-finance@icann.org<mailto:community-finance@icann.org>" <community-finance@icann.org<mailto:community-finance@icann.org>>, "cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>" <cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>>, CCWG-Accountability <accountability-cross-community@icann.org<mailto:accountability-cross-community@icann.org>> Cc: Executive Team <executive-team@icann.org<mailto:executive-team@icann.org>>, COMMS Team <commsteam@icann.org<mailto:commsteam@icann.org>>, "icann-board@icann.org<mailto:icann-board@icann.org>" <icann-board@icann.org<mailto:icann-board@icann.org>>, Finance Staff <finance-staff@icann.org<mailto:finance-staff@icann.org>> Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Dear Brett, Thank you for your interest and question. We currently publish the list of all vendors from whom ICANN obtain services in relation to the IANA Stewardship transition. The $$ value of the services received is aggregated by category of expenses, which you mention below (US Government affairs, Education/engagement/advice,…). This presentation is driven by 2 factors: providing clarity as to the type of services received, and abiding by the contractual obligation of confidentiality in force with each of the vendors (resulting from standard business sensitive information). We do publish however the detail of the legal advice, by firm and by working group, on this same page (see for example the link to the report of fees by firm: https://www.icann.org/en/system/files/files/iana-stewardship-expenses-legal-...). You will also find more information relative to ICANN’s lobbying in the following blog published a few months ago. In this blog, you will also find links to the disclosure reports that ICANN makes on lobbying activities. https://www.icann.org/resources/pages/lobbying-disclosures-contributions-201.... Lastly, further information on lobbying appears in ICANN’s form 990 (Schedule C, Part II-B. On page 33/73 of the FY15 form 990 published at the following link): https://www.icann.org/en/system/files/files/fy-2015-form-990-10may16-en.pdf I hope this helps. Please let me know if you have further questions.
Thank you.
Best, Xavier
Xavier Calvez ICANN CFO 12025 Waterfront Drive, Suite 300 Los Angeles, CA 90094 Office : +1 (310) 301 5838 Mobile : +1 (805) 312 0052 Fax : +1 (310) 957-2348
From: "Schaefer, Brett" <Brett.Schaefer@heritage.org<mailto:Brett.Schaefer@heritage.org>> Date: Tuesday, June 21, 2016 at 9:54 PM To: Xavier Calvez <xavier.calvez@icann.org<mailto:xavier.calvez@icann.org>>, "community-finance@icann.org<mailto:community-finance@icann.org>" <community-finance@icann.org<mailto:community-finance@icann.org>>, "cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>" <cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>>, CCWG-Accountability <accountability-cross-community@icann.org<mailto:accountability-cross-community@icann.org>> Cc: Executive Team <executive-team@icann.org<mailto:executive-team@icann.org>>, COMMS Team <commsteam@icann.org<mailto:commsteam@icann.org>>, "icann-board@icann.org<mailto:icann-board@icann.org>" <icann-board@icann.org<mailto:icann-board@icann.org>>, Finance Staff <finance-staff@icann.org<mailto:finance-staff@icann.org>> Subject: RE: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Xavier,
Thank you. Could you please provide a more detailed breakdown of legal advice, US government affairs, and educations/engagement/advice? In each category, there are multiple firms/vendors listed (https://www.icann.org/en/system/files/files/iana-stewardship-expenses-profes...). I would appreciate the amount provided to each individual vendor. If it is provided somewhere, I would appreciate you letting me know where to find it.
Much appreciated,
Brett
Brett Schaefer Jay Kingham Senior Research Fellow in International Regulatory Affairs Margaret Thatcher Center for Freedom Davis Institute for National Security and Foreign Policy The Heritage Foundation 214 Massachusetts Avenue, NE Washington, DC 20002 202-608-6097 heritage.org<http://heritage.org/> From: accountability-cross-community-bounces@icann.org<mailto:accountability-cross-community-bounces@icann.org> [mailto:accountability-cross-community-bounces@icann.org] On Behalf Of Xavier J. Calvez Sent: Saturday, June 18, 2016 12:10 AM To: community-finance@icann.org<mailto:community-finance@icann.org>; cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>; CCWG-Accountability Cc: Executive Team; COMMS Team; icann-board@icann.org<mailto:icann-board@icann.org>; Finance Staff Subject: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Dear all, You find at the link below the updated project’s expenses as of FY16 Q3 (from July 2014 to March 2016). As indicated a few months ago, we have added new detailed information on the staff support with the individual positions, names and percentages of effort over the period.
https://www.icann.org/resources/pages/iana-stewardship-project-costs
Thank you.
Best, Xavier
Xavier Calvez ICANN CFO 12025 Waterfront Drive, Suite 300 Los Angeles, CA 90094 Office : +1 (310) 301 5838 Mobile : +1 (805) 312 0052 Fax : +1 (310) 957-2348
Dear Brett, In response to your question listed below on 22 June: the detailed information provided on Other professional fees (other than legal fees, detailed in a separate section of the “Transition project cost” expense webpage, on the IANA Stewardship Transition webpage) can be found in the section called “Professional Services – Expenses Breakdown”. Within this section, you will find a link to a document that provides the list of Professional Services (other than legal fees) incurred, by category, with the names of the vendors, and the total amount of expenditures for the category. This link is copied below and was provided in my first answer to your question. I have also attached the file to which this link refers in case the link would not work for you. https://www.icann.org/en/system/files/files/iana-stewardship-expenses-profes... If this not addressing your question, please let me know.
Thank you.
Best, Xavier
Xavier Calvez ICANN CFO 12025 Waterfront Drive, Suite 300 Los Angeles, CA 90094 Office : +1 (310) 301 5838 Mobile : +1 (805) 312 0052 Fax : +1 (310) 957-2348
From: Xavier Calvez <xavier.calvez@icann.org> Date: Tuesday, July 12, 2016 at 9:45 AM To: "Schaefer, Brett" <Brett.Schaefer@heritage.org>, "community-finance@icann.org" <community-finance@icann.org>, "cwg-stewardship@icann.org" <cwg-stewardship@icann.org>, CCWG-Accountability <accountability-cross-community@icann.org> Cc: Executive Team <executive-team@icann.org>, COMMS Team <commsteam@icann.org>, "icann-board@icann.org" <icann-board@icann.org>, Finance Staff <finance-staff@icann.org> Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Brett, Thank you for following up. I will make sure to respond no later than the end of this week.
Thank you.
Best, Xavier
Xavier Calvez ICANN CFO 12025 Waterfront Drive, Suite 300 Los Angeles, CA 90094 Office : +1 (310) 301 5838 Mobile : +1 (805) 312 0052 Fax : +1 (310) 957-2348
From: "Schaefer, Brett" <Brett.Schaefer@heritage.org> Date: Tuesday, July 12, 2016 at 11:38 AM To: Xavier Calvez <xavier.calvez@icann.org>, "community-finance@icann.org" <community-finance@icann.org>, "cwg-stewardship@icann.org" <cwg-stewardship@icann.org>, CCWG-Accountability <accountability-cross-community@icann.org> Cc: Executive Team <executive-team@icann.org>, COMMS Team <commsteam@icann.org>, "icann-board@icann.org" <icann-board@icann.org>, Finance Staff <finance-staff@icann.org> Subject: RE: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Xavier,
Thanks for promising to get this information to me in Helsinki. Do you have an estimate for when it will be provided?
Thanks,
Brett
Brett Schaefer Jay Kingham Senior Research Fellow in International Regulatory Affairs Margaret Thatcher Center for Freedom Davis Institute for National Security and Foreign Policy The Heritage Foundation 214 Massachusetts Avenue, NE Washington, DC 20002 202-608-6097 heritage.org<http://heritage.org/> From: Schaefer, Brett Sent: Wednesday, June 22, 2016 2:39 PM To: 'Xavier J. Calvez'; community-finance@icann.org; cwg-stewardship@icann.org; CCWG-Accountability Cc: Executive Team; COMMS Team; icann-board@icann.org; Finance Staff Subject: RE: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Xavier,
I appreciate the detailed breakdown on the legal fees That is indeed what I was looking for though I would think it useful to have the totals provided in the summary document.
However, I did not see similar information for lobbying or education/ engagement/advice in the links provided. In fact, the only specific information that I saw listed is for Jamie Hedlund at $200,000. No information on other individual firms or vendors is listed at all – only the top line budget expenditure in the summary document link originally sent around.
Could you provide that information?
Thanks,
Brett
From: Xavier J. Calvez [mailto:xavier.calvez@icann.org] Sent: Wednesday, June 22, 2016 10:43 AM To: Schaefer, Brett; community-finance@icann.org<mailto:community-finance@icann.org>; cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>; CCWG-Accountability Cc: Executive Team; COMMS Team; icann-board@icann.org<mailto:icann-board@icann.org>; Finance Staff Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Dear all, It appears that the first link in my email further below (detail of legal fees by firm) does not resolve correctly. Please use the below instead. https://www.icann.org/en/system/files/files/iana-stewardship-expenses-legal-...
Thank you.
Best, Xavier
Xavier Calvez ICANN CFO 12025 Waterfront Drive, Suite 300 Los Angeles, CA 90094 Office : +1 (310) 301 5838 Mobile : +1 (805) 312 0052 Fax : +1 (310) 957-2348
From: Xavier Calvez <xavier.calvez@icann.org<mailto:xavier.calvez@icann.org>> Date: Wednesday, June 22, 2016 at 1:01 PM To: "Schaefer, Brett" <Brett.Schaefer@heritage.org<mailto:Brett.Schaefer@heritage.org>>, "community-finance@icann.org<mailto:community-finance@icann.org>" <community-finance@icann.org<mailto:community-finance@icann.org>>, "cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>" <cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>>, CCWG-Accountability <accountability-cross-community@icann.org<mailto:accountability-cross-community@icann.org>> Cc: Executive Team <executive-team@icann.org<mailto:executive-team@icann.org>>, COMMS Team <commsteam@icann.org<mailto:commsteam@icann.org>>, "icann-board@icann.org<mailto:icann-board@icann.org>" <icann-board@icann.org<mailto:icann-board@icann.org>>, Finance Staff <finance-staff@icann.org<mailto:finance-staff@icann.org>> Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Dear Brett, Thank you for your interest and question. We currently publish the list of all vendors from whom ICANN obtain services in relation to the IANA Stewardship transition. The $$ value of the services received is aggregated by category of expenses, which you mention below (US Government affairs, Education/engagement/advice,…). This presentation is driven by 2 factors: providing clarity as to the type of services received, and abiding by the contractual obligation of confidentiality in force with each of the vendors (resulting from standard business sensitive information). We do publish however the detail of the legal advice, by firm and by working group, on this same page (see for example the link to the report of fees by firm: https://www.icann.org/en/system/files/files/iana-stewardship-expenses-legal-...). You will also find more information relative to ICANN’s lobbying in the following blog published a few months ago. In this blog, you will also find links to the disclosure reports that ICANN makes on lobbying activities. https://www.icann.org/resources/pages/lobbying-disclosures-contributions-201.... Lastly, further information on lobbying appears in ICANN’s form 990 (Schedule C, Part II-B. On page 33/73 of the FY15 form 990 published at the following link): https://www.icann.org/en/system/files/files/fy-2015-form-990-10may16-en.pdf I hope this helps. Please let me know if you have further questions.
Thank you.
Best, Xavier
Xavier Calvez ICANN CFO 12025 Waterfront Drive, Suite 300 Los Angeles, CA 90094 Office : +1 (310) 301 5838 Mobile : +1 (805) 312 0052 Fax : +1 (310) 957-2348
From: "Schaefer, Brett" <Brett.Schaefer@heritage.org<mailto:Brett.Schaefer@heritage.org>> Date: Tuesday, June 21, 2016 at 9:54 PM To: Xavier Calvez <xavier.calvez@icann.org<mailto:xavier.calvez@icann.org>>, "community-finance@icann.org<mailto:community-finance@icann.org>" <community-finance@icann.org<mailto:community-finance@icann.org>>, "cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>" <cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>>, CCWG-Accountability <accountability-cross-community@icann.org<mailto:accountability-cross-community@icann.org>> Cc: Executive Team <executive-team@icann.org<mailto:executive-team@icann.org>>, COMMS Team <commsteam@icann.org<mailto:commsteam@icann.org>>, "icann-board@icann.org<mailto:icann-board@icann.org>" <icann-board@icann.org<mailto:icann-board@icann.org>>, Finance Staff <finance-staff@icann.org<mailto:finance-staff@icann.org>> Subject: RE: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Xavier,
Thank you. Could you please provide a more detailed breakdown of legal advice, US government affairs, and educations/engagement/advice? In each category, there are multiple firms/vendors listed (https://www.icann.org/en/system/files/files/iana-stewardship-expenses-profes...). I would appreciate the amount provided to each individual vendor. If it is provided somewhere, I would appreciate you letting me know where to find it.
Much appreciated,
Brett
Brett Schaefer Jay Kingham Senior Research Fellow in International Regulatory Affairs Margaret Thatcher Center for Freedom Davis Institute for National Security and Foreign Policy The Heritage Foundation 214 Massachusetts Avenue, NE Washington, DC 20002 202-608-6097 heritage.org<http://heritage.org/> From: accountability-cross-community-bounces@icann.org<mailto:accountability-cross-community-bounces@icann.org> [mailto:accountability-cross-community-bounces@icann.org] On Behalf Of Xavier J. Calvez Sent: Saturday, June 18, 2016 12:10 AM To: community-finance@icann.org<mailto:community-finance@icann.org>; cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>; CCWG-Accountability Cc: Executive Team; COMMS Team; icann-board@icann.org<mailto:icann-board@icann.org>; Finance Staff Subject: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Dear all, You find at the link below the updated project’s expenses as of FY16 Q3 (from July 2014 to March 2016). As indicated a few months ago, we have added new detailed information on the staff support with the individual positions, names and percentages of effort over the period.
https://www.icann.org/resources/pages/iana-stewardship-project-costs
Thank you.
Best, Xavier
Xavier Calvez ICANN CFO 12025 Waterfront Drive, Suite 300 Los Angeles, CA 90094 Office : +1 (310) 301 5838 Mobile : +1 (805) 312 0052 Fax : +1 (310) 957-2348
Xavier,
This is pretty much the same information that was provided before. I am asking for a breakdown of how much was paid to each vender in the lobbying category (Akin Gump, etc.) and the education/engagement/advice category (Albright Stoneridge, etc.).
Thank you,
Brett
On Jul 13, 2016, at 8:13 PM, Xavier J. Calvez <xavier.calvez@icann.org<mailto:xavier.calvez@icann.org>> wrote:
Dear Brett, In response to your question listed below on 22 June: the detailed information provided on Other professional fees (other than legal fees, detailed in a separate section of the “Transition project cost” expense webpage, on the IANA Stewardship Transition webpage) can be found in the section called “Professional Services – Expenses Breakdown”. Within this section, you will find a link to a document that provides the list of Professional Services (other than legal fees) incurred, by category, with the names of the vendors, and the total amount of expenditures for the category. This link is copied below and was provided in my first answer to your question. I have also attached the file to which this link refers in case the link would not work for you. https://www.icann.org/en/system/files/files/iana-stewardship-expenses-professional-vendor-01jun16-en.pdf<https://www.icann.org/en/system/files/files/iana-stewardship-expenses-professional-vendor-01jun16-en.pdf> If this not addressing your question, please let me know.
Thank you.
Best, Xavier
Xavier Calvez ICANN CFO 12025 Waterfront Drive, Suite 300 Los Angeles, CA 90094 Office : +1 (310) 301 5838 Mobile : +1 (805) 312 0052 Fax : +1 (310) 957-2348
Brett Schaefer Jay Kingham Senior Research Fellow in International Regulatory Affairs Margaret Thatcher Center for Freedom Davis Institute for National Security and Foreign Policy The Heritage Foundation 214 Massachusetts Avenue, NE Washington, DC 20002 202-608-6097 heritage.org<http://heritage.org/> From: Xavier Calvez <xavier.calvez@icann.org<mailto:xavier.calvez@icann.org>> Date: Tuesday, July 12, 2016 at 9:45 AM To: "Schaefer, Brett" <Brett.Schaefer@heritage.org<mailto:Brett.Schaefer@heritage.org>>, "community-finance@icann.org<mailto:community-finance@icann.org>" <community-finance@icann.org<mailto:community-finance@icann.org>>, "cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>" <cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>>, CCWG-Accountability <accountability-cross-community@icann.org<mailto:accountability-cross-community@icann.org>> Cc: Executive Team <executive-team@icann.org<mailto:executive-team@icann.org>>, COMMS Team <commsteam@icann.org<mailto:commsteam@icann.org>>, "icann-board@icann.org<mailto:icann-board@icann.org>" <icann-board@icann.org<mailto:icann-board@icann.org>>, Finance Staff <finance-staff@icann.org<mailto:finance-staff@icann.org>> Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Brett, Thank you for following up. I will make sure to respond no later than the end of this week.
Thank you.
Best, Xavier
Xavier Calvez ICANN CFO 12025 Waterfront Drive, Suite 300 Los Angeles, CA 90094 Office : +1 (310) 301 5838 Mobile : +1 (805) 312 0052 Fax : +1 (310) 957-2348
From: "Schaefer, Brett" <Brett.Schaefer@heritage.org<mailto:Brett.Schaefer@heritage.org>> Date: Tuesday, July 12, 2016 at 11:38 AM To: Xavier Calvez <xavier.calvez@icann.org<mailto:xavier.calvez@icann.org>>, "community-finance@icann.org<mailto:community-finance@icann.org>" <community-finance@icann.org<mailto:community-finance@icann.org>>, "cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>" <cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>>, CCWG-Accountability <accountability-cross-community@icann.org<mailto:accountability-cross-community@icann.org>> Cc: Executive Team <executive-team@icann.org<mailto:executive-team@icann.org>>, COMMS Team <commsteam@icann.org<mailto:commsteam@icann.org>>, "icann-board@icann.org<mailto:icann-board@icann.org>" <icann-board@icann.org<mailto:icann-board@icann.org>>, Finance Staff <finance-staff@icann.org<mailto:finance-staff@icann.org>> Subject: RE: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Xavier,
Thanks for promising to get this information to me in Helsinki. Do you have an estimate for when it will be provided?
Thanks,
Brett
Brett Schaefer Jay Kingham Senior Research Fellow in International Regulatory Affairs Margaret Thatcher Center for Freedom Davis Institute for National Security and Foreign Policy The Heritage Foundation 214 Massachusetts Avenue, NE Washington, DC 20002 202-608-6097 heritage.org<http://heritage.org/> From: Schaefer, Brett Sent: Wednesday, June 22, 2016 2:39 PM To: 'Xavier J. Calvez'; community-finance@icann.org<mailto:community-finance@icann.org>; cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>; CCWG-Accountability Cc: Executive Team; COMMS Team; icann-board@icann.org<mailto:icann-board@icann.org>; Finance Staff Subject: RE: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Xavier,
I appreciate the detailed breakdown on the legal fees That is indeed what I was looking for though I would think it useful to have the totals provided in the summary document.
However, I did not see similar information for lobbying or education/ engagement/advice in the links provided. In fact, the only specific information that I saw listed is for Jamie Hedlund at $200,000. No information on other individual firms or vendors is listed at all – only the top line budget expenditure in the summary document link originally sent around.
Could you provide that information?
Thanks,
Brett
From: Xavier J. Calvez [mailto:xavier.calvez@icann.org] Sent: Wednesday, June 22, 2016 10:43 AM To: Schaefer, Brett; community-finance@icann.org<mailto:community-finance@icann.org>; cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>; CCWG-Accountability Cc: Executive Team; COMMS Team; icann-board@icann.org<mailto:icann-board@icann.org>; Finance Staff Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Dear all, It appears that the first link in my email further below (detail of legal fees by firm) does not resolve correctly. Please use the below instead. https://www.icann.org/en/system/files/files/iana-stewardship-expenses-legal-firm-fy16-01jun16-en.pdf<https://www.icann.org/en/system/files/files/iana-stewardship-expenses-legal-firm-fy16-01jun16-en.pdf>
Thank you.
Best, Xavier
Xavier Calvez ICANN CFO 12025 Waterfront Drive, Suite 300 Los Angeles, CA 90094 Office : +1 (310) 301 5838 Mobile : +1 (805) 312 0052 Fax : +1 (310) 957-2348
From: Xavier Calvez <xavier.calvez@icann.org<mailto:xavier.calvez@icann.org>> Date: Wednesday, June 22, 2016 at 1:01 PM To: "Schaefer, Brett" <Brett.Schaefer@heritage.org<mailto:Brett.Schaefer@heritage.org>>, "community-finance@icann.org<mailto:community-finance@icann.org>" <community-finance@icann.org<mailto:community-finance@icann.org>>, "cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>" <cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>>, CCWG-Accountability <accountability-cross-community@icann.org<mailto:accountability-cross-community@icann.org>> Cc: Executive Team <executive-team@icann.org<mailto:executive-team@icann.org>>, COMMS Team <commsteam@icann.org<mailto:commsteam@icann.org>>, "icann-board@icann.org<mailto:icann-board@icann.org>" <icann-board@icann.org<mailto:icann-board@icann.org>>, Finance Staff <finance-staff@icann.org<mailto:finance-staff@icann.org>> Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Dear Brett, Thank you for your interest and question. We currently publish the list of all vendors from whom ICANN obtain services in relation to the IANA Stewardship transition. The $$ value of the services received is aggregated by category of expenses, which you mention below (US Government affairs, Education/engagement/advice,…). This presentation is driven by 2 factors: providing clarity as to the type of services received, and abiding by the contractual obligation of confidentiality in force with each of the vendors (resulting from standard business sensitive information). We do publish however the detail of the legal advice, by firm and by working group, on this same page (see for example the link to the report of fees by firm: https://www.icann.org/en/system/files/files/iana-stewardship-expenses-legal-firm-fy16-01jun16-en.pdf)<https://www.icann.org/en/system/files/files/iana-stewardship-expenses-legal-firm-fy16-01jun16-en.pdf)>. You will also find more information relative to ICANN’s lobbying in the following blog published a few months ago. In this blog, you will also find links to the disclosure reports that ICANN makes on lobbying activities. https://www.icann.org/resources/pages/lobbying-disclosures-contributions-2015-11-18-en<https://www.icann.org/resources/pages/lobbying-disclosures-contributions-2015-11-18-en>. Lastly, further information on lobbying appears in ICANN’s form 990 (Schedule C, Part II-B. On page 33/73 of the FY15 form 990 published at the following link): https://www.icann.org/en/system/files/files/fy-2015-form-990-10may16-en.pdf<https://www.icann.org/en/system/files/files/fy-2015-form-990-10may16-en.pdf> I hope this helps. Please let me know if you have further questions.
Thank you.
Best, Xavier
Xavier Calvez ICANN CFO 12025 Waterfront Drive, Suite 300 Los Angeles, CA 90094 Office : +1 (310) 301 5838 Mobile : +1 (805) 312 0052 Fax : +1 (310) 957-2348
From: "Schaefer, Brett" <Brett.Schaefer@heritage.org<mailto:Brett.Schaefer@heritage.org>> Date: Tuesday, June 21, 2016 at 9:54 PM To: Xavier Calvez <xavier.calvez@icann.org<mailto:xavier.calvez@icann.org>>, "community-finance@icann.org<mailto:community-finance@icann.org>" <community-finance@icann.org<mailto:community-finance@icann.org>>, "cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>" <cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>>, CCWG-Accountability <accountability-cross-community@icann.org<mailto:accountability-cross-community@icann.org>> Cc: Executive Team <executive-team@icann.org<mailto:executive-team@icann.org>>, COMMS Team <commsteam@icann.org<mailto:commsteam@icann.org>>, "icann-board@icann.org<mailto:icann-board@icann.org>" <icann-board@icann.org<mailto:icann-board@icann.org>>, Finance Staff <finance-staff@icann.org<mailto:finance-staff@icann.org>> Subject: RE: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Xavier,
Thank you. Could you please provide a more detailed breakdown of legal advice, US government affairs, and educations/engagement/advice? In each category, there are multiple firms/vendors listed (https://www.icann.org/en/system/files/files/iana-stewardship-expenses-professional-vendor-01jun16-en.pdf<https://www.icann.org/en/system/files/files/iana-stewardship-expenses-professional-vendor-01jun16-en.pdf>). I would appreciate the amount provided to each individual vendor. If it is provided somewhere, I would appreciate you letting me know where to find it.
Much appreciated,
Brett
Brett Schaefer Jay Kingham Senior Research Fellow in International Regulatory Affairs Margaret Thatcher Center for Freedom Davis Institute for National Security and Foreign Policy The Heritage Foundation 214 Massachusetts Avenue, NE Washington, DC 20002 202-608-6097 heritage.org<http://heritage.org/> From: accountability-cross-community-bounces@icann.org<mailto:accountability-cross-community-bounces@icann.org> [mailto:accountability-cross-community-bounces@icann.org] On Behalf Of Xavier J. Calvez Sent: Saturday, June 18, 2016 12:10 AM To: community-finance@icann.org<mailto:community-finance@icann.org>; cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>; CCWG-Accountability Cc: Executive Team; COMMS Team; icann-board@icann.org<mailto:icann-board@icann.org>; Finance Staff Subject: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Dear all, You find at the link below the updated project’s expenses as of FY16 Q3 (from July 2014 to March 2016). As indicated a few months ago, we have added new detailed information on the staff support with the individual positions, names and percentages of effort over the period.
Thank you.
Best, Xavier
Xavier Calvez ICANN CFO 12025 Waterfront Drive, Suite 300 Los Angeles, CA 90094 Office : +1 (310) 301 5838 Mobile : +1 (805) 312 0052 Fax : +1 (310) 957-2348
<iana-stewardship-expenses-professional-vendor-01jun16-en.pdf>
Brett, Yes, the information I provided in my latest email had been included in some previous communication. I just wanted to make sure you had a clear visibility on this information, which provides for (i) categories of expenses, (ii) the individual names of the vendors grouped for each category, and (iii) the total value of the expenses for each category. With respect to the contractual obligations of confidentiality in commercial contracts, ICANN is subject to them, like all business organizations. That said, we disclose what we can consistent with standard business confidentiality provisions in vendor contracts. We cannot disclose the specific amount of spend with each vendor but we were able to disclose the names of the service providers engaged. Regarding the lobbying expenses, as you are aware, both organizations that hire lobbyists and firms that lobby on behalf of organizations are required under U.S. federal law to file lobbying disclosure reports. In addition to ICANN’s quarterly lobbying disclosures posted on our website, you can find the amounts ICANN has paid to individual outside lobbying firms at http://disclosures.house.gov/ld/ldsearch.aspx. I hope this helps and clarifies.
Thank you.
Best, Xavier
Xavier Calvez ICANN CFO 12025 Waterfront Drive, Suite 300 Los Angeles, CA 90094 Office : +1 (310) 301 5838 Mobile : +1 (805) 312 0052 Fax : +1 (310) 957-2348
From: "Schaefer, Brett" <Brett.Schaefer@heritage.org> Date: Thursday, July 14, 2016 at 7:07 AM To: Xavier Calvez <xavier.calvez@icann.org> Cc: "community-finance@icann.org" <community-finance@icann.org>, "cwg-stewardship@icann.org" <cwg-stewardship@icann.org>, CCWG-Accountability <accountability-cross-community@icann.org>, Executive Team <executive-team@icann.org>, COMMS Team <commsteam@icann.org>, "icann-board@icann.org" <icann-board@icann.org>, Finance Staff <finance-staff@icann.org> Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Xavier,
This is pretty much the same information that was provided before. I am asking for a breakdown of how much was paid to each vender in the lobbying category (Akin Gump, etc.) and the education/engagement/advice category (Albright Stoneridge, etc.).
Thank you,
Brett
On Jul 13, 2016, at 8:13 PM, Xavier J. Calvez <xavier.calvez@icann.org<mailto:xavier.calvez@icann.org>> wrote: Dear Brett, In response to your question listed below on 22 June: the detailed information provided on Other professional fees (other than legal fees, detailed in a separate section of the “Transition project cost” expense webpage, on the IANA Stewardship Transition webpage) can be found in the section called “Professional Services – Expenses Breakdown”. Within this section, you will find a link to a document that provides the list of Professional Services (other than legal fees) incurred, by category, with the names of the vendors, and the total amount of expenditures for the category. This link is copied below and was provided in my first answer to your question. I have also attached the file to which this link refers in case the link would not work for you. https://www.icann.org/en/system/files/files/iana-stewardship-expenses-profes... If this not addressing your question, please let me know.
Thank you.
Best, Xavier
Xavier Calvez ICANN CFO 12025 Waterfront Drive, Suite 300 Los Angeles, CA 90094 Office : +1 (310) 301 5838 Mobile : +1 (805) 312 0052 Fax : +1 (310) 957-2348
Brett Schaefer Jay Kingham Senior Research Fellow in International Regulatory Affairs Margaret Thatcher Center for Freedom Davis Institute for National Security and Foreign Policy The Heritage Foundation 214 Massachusetts Avenue, NE Washington, DC 20002 202-608-6097 heritage.org<http://heritage.org/> From: Xavier Calvez <xavier.calvez@icann.org<mailto:xavier.calvez@icann.org>> Date: Tuesday, July 12, 2016 at 9:45 AM To: "Schaefer, Brett" <Brett.Schaefer@heritage.org<mailto:Brett.Schaefer@heritage.org>>, "community-finance@icann.org<mailto:community-finance@icann.org>" <community-finance@icann.org<mailto:community-finance@icann.org>>, "cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>" <cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>>, CCWG-Accountability <accountability-cross-community@icann.org<mailto:accountability-cross-community@icann.org>> Cc: Executive Team <executive-team@icann.org<mailto:executive-team@icann.org>>, COMMS Team <commsteam@icann.org<mailto:commsteam@icann.org>>, "icann-board@icann.org<mailto:icann-board@icann.org>" <icann-board@icann.org<mailto:icann-board@icann.org>>, Finance Staff <finance-staff@icann.org<mailto:finance-staff@icann.org>> Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Brett, Thank you for following up. I will make sure to respond no later than the end of this week.
Thank you.
Best, Xavier
Xavier Calvez ICANN CFO 12025 Waterfront Drive, Suite 300 Los Angeles, CA 90094 Office : +1 (310) 301 5838 Mobile : +1 (805) 312 0052 Fax : +1 (310) 957-2348
From: "Schaefer, Brett" <Brett.Schaefer@heritage.org<mailto:Brett.Schaefer@heritage.org>> Date: Tuesday, July 12, 2016 at 11:38 AM To: Xavier Calvez <xavier.calvez@icann.org<mailto:xavier.calvez@icann.org>>, "community-finance@icann.org<mailto:community-finance@icann.org>" <community-finance@icann.org<mailto:community-finance@icann.org>>, "cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>" <cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>>, CCWG-Accountability <accountability-cross-community@icann.org<mailto:accountability-cross-community@icann.org>> Cc: Executive Team <executive-team@icann.org<mailto:executive-team@icann.org>>, COMMS Team <commsteam@icann.org<mailto:commsteam@icann.org>>, "icann-board@icann.org<mailto:icann-board@icann.org>" <icann-board@icann.org<mailto:icann-board@icann.org>>, Finance Staff <finance-staff@icann.org<mailto:finance-staff@icann.org>> Subject: RE: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Xavier,
Thanks for promising to get this information to me in Helsinki. Do you have an estimate for when it will be provided?
Thanks,
Brett
Brett Schaefer Jay Kingham Senior Research Fellow in International Regulatory Affairs Margaret Thatcher Center for Freedom Davis Institute for National Security and Foreign Policy The Heritage Foundation 214 Massachusetts Avenue, NE Washington, DC 20002 202-608-6097 heritage.org<http://heritage.org/> From: Schaefer, Brett Sent: Wednesday, June 22, 2016 2:39 PM To: 'Xavier J. Calvez'; community-finance@icann.org<mailto:community-finance@icann.org>; cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>; CCWG-Accountability Cc: Executive Team; COMMS Team; icann-board@icann.org<mailto:icann-board@icann.org>; Finance Staff Subject: RE: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Xavier,
I appreciate the detailed breakdown on the legal fees That is indeed what I was looking for though I would think it useful to have the totals provided in the summary document.
However, I did not see similar information for lobbying or education/ engagement/advice in the links provided. In fact, the only specific information that I saw listed is for Jamie Hedlund at $200,000. No information on other individual firms or vendors is listed at all – only the top line budget expenditure in the summary document link originally sent around.
Could you provide that information?
Thanks,
Brett
From: Xavier J. Calvez [mailto:xavier.calvez@icann.org] Sent: Wednesday, June 22, 2016 10:43 AM To: Schaefer, Brett; community-finance@icann.org<mailto:community-finance@icann.org>; cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>; CCWG-Accountability Cc: Executive Team; COMMS Team; icann-board@icann.org<mailto:icann-board@icann.org>; Finance Staff Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Dear all, It appears that the first link in my email further below (detail of legal fees by firm) does not resolve correctly. Please use the below instead. https://www.icann.org/en/system/files/files/iana-stewardship-expenses-legal-...
Thank you.
Best, Xavier
Xavier Calvez ICANN CFO 12025 Waterfront Drive, Suite 300 Los Angeles, CA 90094 Office : +1 (310) 301 5838 Mobile : +1 (805) 312 0052 Fax : +1 (310) 957-2348
From: Xavier Calvez <xavier.calvez@icann.org<mailto:xavier.calvez@icann.org>> Date: Wednesday, June 22, 2016 at 1:01 PM To: "Schaefer, Brett" <Brett.Schaefer@heritage.org<mailto:Brett.Schaefer@heritage.org>>, "community-finance@icann.org<mailto:community-finance@icann.org>" <community-finance@icann.org<mailto:community-finance@icann.org>>, "cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>" <cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>>, CCWG-Accountability <accountability-cross-community@icann.org<mailto:accountability-cross-community@icann.org>> Cc: Executive Team <executive-team@icann.org<mailto:executive-team@icann.org>>, COMMS Team <commsteam@icann.org<mailto:commsteam@icann.org>>, "icann-board@icann.org<mailto:icann-board@icann.org>" <icann-board@icann.org<mailto:icann-board@icann.org>>, Finance Staff <finance-staff@icann.org<mailto:finance-staff@icann.org>> Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Dear Brett, Thank you for your interest and question. We currently publish the list of all vendors from whom ICANN obtain services in relation to the IANA Stewardship transition. The $$ value of the services received is aggregated by category of expenses, which you mention below (US Government affairs, Education/engagement/advice,…). This presentation is driven by 2 factors: providing clarity as to the type of services received, and abiding by the contractual obligation of confidentiality in force with each of the vendors (resulting from standard business sensitive information). We do publish however the detail of the legal advice, by firm and by working group, on this same page (see for example the link to the report of fees by firm: https://www.icann.org/en/system/files/files/iana-stewardship-expenses-legal-...). You will also find more information relative to ICANN’s lobbying in the following blog published a few months ago. In this blog, you will also find links to the disclosure reports that ICANN makes on lobbying activities. https://www.icann.org/resources/pages/lobbying-disclosures-contributions-201.... Lastly, further information on lobbying appears in ICANN’s form 990 (Schedule C, Part II-B. On page 33/73 of the FY15 form 990 published at the following link): https://www.icann.org/en/system/files/files/fy-2015-form-990-10may16-en.pdf I hope this helps. Please let me know if you have further questions.
Thank you.
Best, Xavier
Xavier Calvez ICANN CFO 12025 Waterfront Drive, Suite 300 Los Angeles, CA 90094 Office : +1 (310) 301 5838 Mobile : +1 (805) 312 0052 Fax : +1 (310) 957-2348
From: "Schaefer, Brett" <Brett.Schaefer@heritage.org<mailto:Brett.Schaefer@heritage.org>> Date: Tuesday, June 21, 2016 at 9:54 PM To: Xavier Calvez <xavier.calvez@icann.org<mailto:xavier.calvez@icann.org>>, "community-finance@icann.org<mailto:community-finance@icann.org>" <community-finance@icann.org<mailto:community-finance@icann.org>>, "cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>" <cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>>, CCWG-Accountability <accountability-cross-community@icann.org<mailto:accountability-cross-community@icann.org>> Cc: Executive Team <executive-team@icann.org<mailto:executive-team@icann.org>>, COMMS Team <commsteam@icann.org<mailto:commsteam@icann.org>>, "icann-board@icann.org<mailto:icann-board@icann.org>" <icann-board@icann.org<mailto:icann-board@icann.org>>, Finance Staff <finance-staff@icann.org<mailto:finance-staff@icann.org>> Subject: RE: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Xavier,
Thank you. Could you please provide a more detailed breakdown of legal advice, US government affairs, and educations/engagement/advice? In each category, there are multiple firms/vendors listed (https://www.icann.org/en/system/files/files/iana-stewardship-expenses-profes...). I would appreciate the amount provided to each individual vendor. If it is provided somewhere, I would appreciate you letting me know where to find it.
Much appreciated,
Brett
Brett Schaefer Jay Kingham Senior Research Fellow in International Regulatory Affairs Margaret Thatcher Center for Freedom Davis Institute for National Security and Foreign Policy The Heritage Foundation 214 Massachusetts Avenue, NE Washington, DC 20002 202-608-6097 heritage.org<http://heritage.org/> From: accountability-cross-community-bounces@icann.org<mailto:accountability-cross-community-bounces@icann.org> [mailto:accountability-cross-community-bounces@icann.org] On Behalf Of Xavier J. Calvez Sent: Saturday, June 18, 2016 12:10 AM To: community-finance@icann.org<mailto:community-finance@icann.org>; cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>; CCWG-Accountability Cc: Executive Team; COMMS Team; icann-board@icann.org<mailto:icann-board@icann.org>; Finance Staff Subject: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Dear all, You find at the link below the updated project’s expenses as of FY16 Q3 (from July 2014 to March 2016). As indicated a few months ago, we have added new detailed information on the staff support with the individual positions, names and percentages of effort over the period.
https://www.icann.org/resources/pages/iana-stewardship-project-costs
Thank you.
Best, Xavier
Xavier Calvez ICANN CFO 12025 Waterfront Drive, Suite 300 Los Angeles, CA 90094 Office : +1 (310) 301 5838 Mobile : +1 (805) 312 0052 Fax : +1 (310) 957-2348
<iana-stewardship-expenses-professional-vendor-01jun16-en.pdf>
Xavier,
Are you saying that ICANN’s contracts for Education/Engagement/Advice with (1) Albright Stonebridge Group LLC, (2) Edelman, (3) Interface Media, (4) Rice Hadley Gates LLC, (5) Summit Strategies International LLC, (6) WBC Global, and (7) Wiley Rein LLP each contain confidentiality provisions that prohibit ICANN from disclosing the specific amount paid to each of these individual vendors?
Does this only apply to the CCWG and the public or does it also apply to other parts of the ICANN community, specifically the Supporting Organizations and Advisory Committees?
Thank you for the link on lobbying disclosures. For those who are interested, here are ICANN’s lobbying expenditures based on the disclosure website of the U.S. Congress.
[cid:image002.png@01D1E1BE.0972A840]
I do have a couple of additional questions. Would this source capture lobbying exclusively directed toward the US Executive Branch? Has ICANN spent any funds during this period lobbying governments other than the US?
Thank you,
Brett
Brett Schaefer Jay Kingham Senior Research Fellow in International Regulatory Affairs Margaret Thatcher Center for Freedom Davis Institute for National Security and Foreign Policy The Heritage Foundation 214 Massachusetts Avenue, NE Washington, DC 20002 202-608-6097 heritage.org<http://heritage.org/> From: Xavier J. Calvez [mailto:xavier.calvez@icann.org] Sent: Monday, July 18, 2016 6:30 PM To: Schaefer, Brett Cc: community-finance@icann.org; cwg-stewardship@icann.org; CCWG-Accountability; Executive Team; COMMS Team; icann-board@icann.org; Finance Staff Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Brett, Yes, the information I provided in my latest email had been included in some previous communication. I just wanted to make sure you had a clear visibility on this information, which provides for (i) categories of expenses, (ii) the individual names of the vendors grouped for each category, and (iii) the total value of the expenses for each category. With respect to the contractual obligations of confidentiality in commercial contracts, ICANN is subject to them, like all business organizations. That said, we disclose what we can consistent with standard business confidentiality provisions in vendor contracts. We cannot disclose the specific amount of spend with each vendor but we were able to disclose the names of the service providers engaged. Regarding the lobbying expenses, as you are aware, both organizations that hire lobbyists and firms that lobby on behalf of organizations are required under U.S. federal law to file lobbying disclosure reports. In addition to ICANN’s quarterly lobbying disclosures posted on our website, you can find the amounts ICANN has paid to individual outside lobbying firms at http://disclosures.house.gov/ld/ldsearch.aspx. I hope this helps and clarifies.
Thank you.
Best, Xavier
Xavier Calvez ICANN CFO 12025 Waterfront Drive, Suite 300 Los Angeles, CA 90094 Office : +1 (310) 301 5838 Mobile : +1 (805) 312 0052 Fax : +1 (310) 957-2348
From: "Schaefer, Brett" <Brett.Schaefer@heritage.org<mailto:Brett.Schaefer@heritage.org>> Date: Thursday, July 14, 2016 at 7:07 AM To: Xavier Calvez <xavier.calvez@icann.org<mailto:xavier.calvez@icann.org>> Cc: "community-finance@icann.org<mailto:community-finance@icann.org>" <community-finance@icann.org<mailto:community-finance@icann.org>>, "cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>" <cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>>, CCWG-Accountability <accountability-cross-community@icann.org<mailto:accountability-cross-community@icann.org>>, Executive Team <executive-team@icann.org<mailto:executive-team@icann.org>>, COMMS Team <commsteam@icann.org<mailto:commsteam@icann.org>>, "icann-board@icann.org<mailto:icann-board@icann.org>" <icann-board@icann.org<mailto:icann-board@icann.org>>, Finance Staff <finance-staff@icann.org<mailto:finance-staff@icann.org>> Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Xavier,
This is pretty much the same information that was provided before. I am asking for a breakdown of how much was paid to each vender in the lobbying category (Akin Gump, etc.) and the education/engagement/advice category (Albright Stoneridge, etc.).
Thank you,
Brett
On Jul 13, 2016, at 8:13 PM, Xavier J. Calvez <xavier.calvez@icann.org<mailto:xavier.calvez@icann.org>> wrote: Dear Brett, In response to your question listed below on 22 June: the detailed information provided on Other professional fees (other than legal fees, detailed in a separate section of the “Transition project cost” expense webpage, on the IANA Stewardship Transition webpage) can be found in the section called “Professional Services – Expenses Breakdown”. Within this section, you will find a link to a document that provides the list of Professional Services (other than legal fees) incurred, by category, with the names of the vendors, and the total amount of expenditures for the category. This link is copied below and was provided in my first answer to your question. I have also attached the file to which this link refers in case the link would not work for you. https://www.icann.org/en/system/files/files/iana-stewardship-expenses-profes... If this not addressing your question, please let me know.
Thank you.
Best, Xavier
Xavier Calvez ICANN CFO 12025 Waterfront Drive, Suite 300 Los Angeles, CA 90094 Office : +1 (310) 301 5838 Mobile : +1 (805) 312 0052 Fax : +1 (310) 957-2348
Brett Schaefer Jay Kingham Senior Research Fellow in International Regulatory Affairs Margaret Thatcher Center for Freedom Davis Institute for National Security and Foreign Policy The Heritage Foundation 214 Massachusetts Avenue, NE Washington, DC 20002 202-608-6097 heritage.org<http://heritage.org/> From: Xavier Calvez <xavier.calvez@icann.org<mailto:xavier.calvez@icann.org>> Date: Tuesday, July 12, 2016 at 9:45 AM To: "Schaefer, Brett" <Brett.Schaefer@heritage.org<mailto:Brett.Schaefer@heritage.org>>, "community-finance@icann.org<mailto:community-finance@icann.org>" <community-finance@icann.org<mailto:community-finance@icann.org>>, "cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>" <cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>>, CCWG-Accountability <accountability-cross-community@icann.org<mailto:accountability-cross-community@icann.org>> Cc: Executive Team <executive-team@icann.org<mailto:executive-team@icann.org>>, COMMS Team <commsteam@icann.org<mailto:commsteam@icann.org>>, "icann-board@icann.org<mailto:icann-board@icann.org>" <icann-board@icann.org<mailto:icann-board@icann.org>>, Finance Staff <finance-staff@icann.org<mailto:finance-staff@icann.org>> Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Brett, Thank you for following up. I will make sure to respond no later than the end of this week.
Thank you.
Best, Xavier
Xavier Calvez ICANN CFO 12025 Waterfront Drive, Suite 300 Los Angeles, CA 90094 Office : +1 (310) 301 5838 Mobile : +1 (805) 312 0052 Fax : +1 (310) 957-2348
From: "Schaefer, Brett" <Brett.Schaefer@heritage.org<mailto:Brett.Schaefer@heritage.org>> Date: Tuesday, July 12, 2016 at 11:38 AM To: Xavier Calvez <xavier.calvez@icann.org<mailto:xavier.calvez@icann.org>>, "community-finance@icann.org<mailto:community-finance@icann.org>" <community-finance@icann.org<mailto:community-finance@icann.org>>, "cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>" <cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>>, CCWG-Accountability <accountability-cross-community@icann.org<mailto:accountability-cross-community@icann.org>> Cc: Executive Team <executive-team@icann.org<mailto:executive-team@icann.org>>, COMMS Team <commsteam@icann.org<mailto:commsteam@icann.org>>, "icann-board@icann.org<mailto:icann-board@icann.org>" <icann-board@icann.org<mailto:icann-board@icann.org>>, Finance Staff <finance-staff@icann.org<mailto:finance-staff@icann.org>> Subject: RE: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Xavier,
Thanks for promising to get this information to me in Helsinki. Do you have an estimate for when it will be provided?
Thanks,
Brett
Brett Schaefer Jay Kingham Senior Research Fellow in International Regulatory Affairs Margaret Thatcher Center for Freedom Davis Institute for National Security and Foreign Policy The Heritage Foundation 214 Massachusetts Avenue, NE Washington, DC 20002 202-608-6097 heritage.org<http://heritage.org/> From: Schaefer, Brett Sent: Wednesday, June 22, 2016 2:39 PM To: 'Xavier J. Calvez'; community-finance@icann.org<mailto:community-finance@icann.org>; cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>; CCWG-Accountability Cc: Executive Team; COMMS Team; icann-board@icann.org<mailto:icann-board@icann.org>; Finance Staff Subject: RE: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Xavier,
I appreciate the detailed breakdown on the legal fees That is indeed what I was looking for though I would think it useful to have the totals provided in the summary document.
However, I did not see similar information for lobbying or education/ engagement/advice in the links provided. In fact, the only specific information that I saw listed is for Jamie Hedlund at $200,000. No information on other individual firms or vendors is listed at all – only the top line budget expenditure in the summary document link originally sent around.
Could you provide that information?
Thanks,
Brett
From: Xavier J. Calvez [mailto:xavier.calvez@icann.org] Sent: Wednesday, June 22, 2016 10:43 AM To: Schaefer, Brett; community-finance@icann.org<mailto:community-finance@icann.org>; cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>; CCWG-Accountability Cc: Executive Team; COMMS Team; icann-board@icann.org<mailto:icann-board@icann.org>; Finance Staff Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Dear all, It appears that the first link in my email further below (detail of legal fees by firm) does not resolve correctly. Please use the below instead. https://www.icann.org/en/system/files/files/iana-stewardship-expenses-legal-...
Thank you.
Best, Xavier
Xavier Calvez ICANN CFO 12025 Waterfront Drive, Suite 300 Los Angeles, CA 90094 Office : +1 (310) 301 5838 Mobile : +1 (805) 312 0052 Fax : +1 (310) 957-2348
From: Xavier Calvez <xavier.calvez@icann.org<mailto:xavier.calvez@icann.org>> Date: Wednesday, June 22, 2016 at 1:01 PM To: "Schaefer, Brett" <Brett.Schaefer@heritage.org<mailto:Brett.Schaefer@heritage.org>>, "community-finance@icann.org<mailto:community-finance@icann.org>" <community-finance@icann.org<mailto:community-finance@icann.org>>, "cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>" <cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>>, CCWG-Accountability <accountability-cross-community@icann.org<mailto:accountability-cross-community@icann.org>> Cc: Executive Team <executive-team@icann.org<mailto:executive-team@icann.org>>, COMMS Team <commsteam@icann.org<mailto:commsteam@icann.org>>, "icann-board@icann.org<mailto:icann-board@icann.org>" <icann-board@icann.org<mailto:icann-board@icann.org>>, Finance Staff <finance-staff@icann.org<mailto:finance-staff@icann.org>> Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Dear Brett, Thank you for your interest and question. We currently publish the list of all vendors from whom ICANN obtain services in relation to the IANA Stewardship transition. The $$ value of the services received is aggregated by category of expenses, which you mention below (US Government affairs, Education/engagement/advice,…). This presentation is driven by 2 factors: providing clarity as to the type of services received, and abiding by the contractual obligation of confidentiality in force with each of the vendors (resulting from standard business sensitive information). We do publish however the detail of the legal advice, by firm and by working group, on this same page (see for example the link to the report of fees by firm: https://www.icann.org/en/system/files/files/iana-stewardship-expenses-legal-...). You will also find more information relative to ICANN’s lobbying in the following blog published a few months ago. In this blog, you will also find links to the disclosure reports that ICANN makes on lobbying activities. https://www.icann.org/resources/pages/lobbying-disclosures-contributions-201.... Lastly, further information on lobbying appears in ICANN’s form 990 (Schedule C, Part II-B. On page 33/73 of the FY15 form 990 published at the following link): https://www.icann.org/en/system/files/files/fy-2015-form-990-10may16-en.pdf I hope this helps. Please let me know if you have further questions.
Thank you.
Best, Xavier
Xavier Calvez ICANN CFO 12025 Waterfront Drive, Suite 300 Los Angeles, CA 90094 Office : +1 (310) 301 5838 Mobile : +1 (805) 312 0052 Fax : +1 (310) 957-2348
From: "Schaefer, Brett" <Brett.Schaefer@heritage.org<mailto:Brett.Schaefer@heritage.org>> Date: Tuesday, June 21, 2016 at 9:54 PM To: Xavier Calvez <xavier.calvez@icann.org<mailto:xavier.calvez@icann.org>>, "community-finance@icann.org<mailto:community-finance@icann.org>" <community-finance@icann.org<mailto:community-finance@icann.org>>, "cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>" <cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>>, CCWG-Accountability <accountability-cross-community@icann.org<mailto:accountability-cross-community@icann.org>> Cc: Executive Team <executive-team@icann.org<mailto:executive-team@icann.org>>, COMMS Team <commsteam@icann.org<mailto:commsteam@icann.org>>, "icann-board@icann.org<mailto:icann-board@icann.org>" <icann-board@icann.org<mailto:icann-board@icann.org>>, Finance Staff <finance-staff@icann.org<mailto:finance-staff@icann.org>> Subject: RE: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Xavier,
Thank you. Could you please provide a more detailed breakdown of legal advice, US government affairs, and educations/engagement/advice? In each category, there are multiple firms/vendors listed (https://www.icann.org/en/system/files/files/iana-stewardship-expenses-profes...). I would appreciate the amount provided to each individual vendor. If it is provided somewhere, I would appreciate you letting me know where to find it.
Much appreciated,
Brett
Brett Schaefer Jay Kingham Senior Research Fellow in International Regulatory Affairs Margaret Thatcher Center for Freedom Davis Institute for National Security and Foreign Policy The Heritage Foundation 214 Massachusetts Avenue, NE Washington, DC 20002 202-608-6097 heritage.org<http://heritage.org/> From: accountability-cross-community-bounces@icann.org<mailto:accountability-cross-community-bounces@icann.org> [mailto:accountability-cross-community-bounces@icann.org] On Behalf Of Xavier J. Calvez Sent: Saturday, June 18, 2016 12:10 AM To: community-finance@icann.org<mailto:community-finance@icann.org>; cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>; CCWG-Accountability Cc: Executive Team; COMMS Team; icann-board@icann.org<mailto:icann-board@icann.org>; Finance Staff Subject: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Dear all, You find at the link below the updated project’s expenses as of FY16 Q3 (from July 2014 to March 2016). As indicated a few months ago, we have added new detailed information on the staff support with the individual positions, names and percentages of effort over the period.
https://www.icann.org/resources/pages/iana-stewardship-project-costs
Thank you.
Best, Xavier
Xavier Calvez ICANN CFO 12025 Waterfront Drive, Suite 300 Los Angeles, CA 90094 Office : +1 (310) 301 5838 Mobile : +1 (805) 312 0052 Fax : +1 (310) 957-2348
<iana-stewardship-expenses-professional-vendor-01jun16-en.pdf>
Xavier
May I follow up on Brett’s question by also asking whether those confidentiality provisions are part of ICANN’s standard contracts with all vendors or are they only part of the agreements with these particular vendors?
Thanks
Paul
Paul Rosenzweig
<mailto:paul.rosenzweig@redbranchconsulting.com> paul.rosenzweig@redbranchconsulting.com
O: +1 (202) 547-0660
M: +1 (202) 329-9650
VOIP: +1 (202) 738-1739
<http://www.redbranchconsulting.com/> www.redbranchconsulting.com
My PGP Key: <http://redbranchconsulting.com/who-we-are/public-pgp-key/> http://redbranchconsulting.com/who-we-are/public-pgp-key/
From: accountability-cross-community-bounces@icann.org [mailto:accountability-cross-community-bounces@icann.org] On Behalf Of Schaefer, Brett Sent: Tuesday, July 19, 2016 1:04 PM To: Xavier J. Calvez <xavier.calvez@icann.org> Cc: cwg-stewardship@icann.org; CCWG-Accountability <accountability-cross-community@icann.org>; icann-board@icann.org; Executive Team <executive-team@icann.org>; COMMS Team <commsteam@icann.org>; community-finance@icann.org; Finance Staff <finance-staff@icann.org> Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Xavier,
Are you saying that ICANN’s contracts for Education/Engagement/Advice with (1) Albright Stonebridge Group LLC, (2) Edelman, (3) Interface Media, (4) Rice Hadley Gates LLC, (5) Summit Strategies International LLC, (6) WBC Global, and (7) Wiley Rein LLP each contain confidentiality provisions that prohibit ICANN from disclosing the specific amount paid to each of these individual vendors?
Does this only apply to the CCWG and the public or does it also apply to other parts of the ICANN community, specifically the Supporting Organizations and Advisory Committees?
Thank you for the link on lobbying disclosures. For those who are interested, here are ICANN’s lobbying expenditures based on the disclosure website of the U.S. Congress.
I do have a couple of additional questions. Would this source capture lobbying exclusively directed toward the US Executive Branch? Has ICANN spent any funds during this period lobbying governments other than the US?
Thank you,
Brett
Brett Schaefer Jay Kingham Senior Research Fellow in International Regulatory Affairs Margaret Thatcher Center for Freedom Davis Institute for National Security and Foreign Policy The Heritage Foundation 214 Massachusetts Avenue, NE Washington, DC 20002 202-608-6097 <http://heritage.org/> heritage.org
From: Xavier J. Calvez [mailto:xavier.calvez@icann.org] Sent: Monday, July 18, 2016 6:30 PM To: Schaefer, Brett Cc: community-finance@icann.org <mailto:community-finance@icann.org> ; cwg-stewardship@icann.org <mailto:cwg-stewardship@icann.org> ; CCWG-Accountability; Executive Team; COMMS Team; icann-board@icann.org <mailto:icann-board@icann.org> ; Finance Staff Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Brett,
Yes, the information I provided in my latest email had been included in some previous communication. I just wanted to make sure you had a clear visibility on this information, which provides for (i) categories of expenses, (ii) the individual names of the vendors grouped for each category, and (iii) the total value of the expenses for each category.
With respect to the contractual obligations of confidentiality in commercial contracts, ICANN is subject to them, like all business organizations. That said, we disclose what we can consistent with standard business confidentiality provisions in vendor contracts. We cannot disclose the specific amount of spend with each vendor but we were able to disclose the names of the service providers engaged.
Regarding the lobbying expenses, as you are aware, both organizations that hire lobbyists and firms that lobby on behalf of organizations are required under U.S. federal law to file lobbying disclosure reports. In addition to ICANN’s quarterly lobbying disclosures posted on our website, you can find the amounts ICANN has paid to individual outside lobbying firms at <http://disclosures.house.gov/ld/ldsearch.aspx> http://disclosures.house.gov/ld/ldsearch.aspx.
I hope this helps and clarifies.
Thank you.
Best,
Xavier
Xavier Calvez
ICANN
CFO
12025 Waterfront Drive, Suite 300
Los Angeles, CA 90094
Office : +1 (310) 301 5838
Mobile : +1 (805) 312 0052
Fax : +1 (310) 957-2348
From: "Schaefer, Brett" <Brett.Schaefer@heritage.org <mailto:Brett.Schaefer@heritage.org> > Date: Thursday, July 14, 2016 at 7:07 AM To: Xavier Calvez <xavier.calvez@icann.org <mailto:xavier.calvez@icann.org> > Cc: "community-finance@icann.org <mailto:community-finance@icann.org> " <community-finance@icann.org <mailto:community-finance@icann.org> >, "cwg-stewardship@icann.org <mailto:cwg-stewardship@icann.org> " <cwg-stewardship@icann.org <mailto:cwg-stewardship@icann.org> >, CCWG-Accountability <accountability-cross-community@icann.org <mailto:accountability-cross-community@icann.org> >, Executive Team <executive-team@icann.org <mailto:executive-team@icann.org> >, COMMS Team <commsteam@icann.org <mailto:commsteam@icann.org> >, "icann-board@icann.org <mailto:icann-board@icann.org> " <icann-board@icann.org <mailto:icann-board@icann.org> >, Finance Staff <finance-staff@icann.org <mailto:finance-staff@icann.org> > Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Xavier,
This is pretty much the same information that was provided before. I am asking for a breakdown of how much was paid to each vender in the lobbying category (Akin Gump, etc.) and the education/engagement/advice category (Albright Stoneridge, etc.).
Thank you,
Brett
On Jul 13, 2016, at 8:13 PM, Xavier J. Calvez <xavier.calvez@icann.org <mailto:xavier.calvez@icann.org> > wrote:
Dear Brett,
In response to your question listed below on 22 June: the detailed information provided on Other professional fees (other than legal fees, detailed in a separate section of the “Transition project cost” expense webpage, on the IANA Stewardship Transition webpage) can be found in the section called “Professional Services – Expenses Breakdown”. Within this section, you will find a link to a document that provides the list of Professional Services (other than legal fees) incurred, by category, with the names of the vendors, and the total amount of expenditures for the category.
This link is copied below and was provided in my first answer to your question. I have also attached the file to which this link refers in case the link would not work for you.
<https://www.icann.org/en/system/files/files/iana-stewardship-expenses-profes...> https://www.icann.org/en/system/files/files/iana-stewardship-expenses-profes...
If this not addressing your question, please let me know.
Thank you.
Best,
Xavier
Xavier Calvez
ICANN
CFO
12025 Waterfront Drive, Suite 300
Los Angeles, CA 90094
Office : +1 (310) 301 5838
Mobile : +1 (805) 312 0052
Fax : +1 (310) 957-2348
Brett Schaefer Jay Kingham Senior Research Fellow in International Regulatory Affairs Margaret Thatcher Center for Freedom Davis Institute for National Security and Foreign Policy The Heritage Foundation 214 Massachusetts Avenue, NE Washington, DC 20002 202-608-6097 <http://heritage.org/> heritage.org
From: Xavier Calvez <xavier.calvez@icann.org <mailto:xavier.calvez@icann.org> > Date: Tuesday, July 12, 2016 at 9:45 AM To: "Schaefer, Brett" <Brett.Schaefer@heritage.org <mailto:Brett.Schaefer@heritage.org> >, "community-finance@icann.org <mailto:community-finance@icann.org> " <community-finance@icann.org <mailto:community-finance@icann.org> >, "cwg-stewardship@icann.org <mailto:cwg-stewardship@icann.org> " <cwg-stewardship@icann.org <mailto:cwg-stewardship@icann.org> >, CCWG-Accountability <accountability-cross-community@icann.org <mailto:accountability-cross-community@icann.org> > Cc: Executive Team <executive-team@icann.org <mailto:executive-team@icann.org> >, COMMS Team <commsteam@icann.org <mailto:commsteam@icann.org> >, "icann-board@icann.org <mailto:icann-board@icann.org> " <icann-board@icann.org <mailto:icann-board@icann.org> >, Finance Staff <finance-staff@icann.org <mailto:finance-staff@icann.org> > Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Brett,
Thank you for following up.
I will make sure to respond no later than the end of this week.
Thank you.
Best,
Xavier
Xavier Calvez
ICANN
CFO
12025 Waterfront Drive, Suite 300
Los Angeles, CA 90094
Office : +1 (310) 301 5838
Mobile : +1 (805) 312 0052
Fax : +1 (310) 957-2348
From: "Schaefer, Brett" <Brett.Schaefer@heritage.org <mailto:Brett.Schaefer@heritage.org> > Date: Tuesday, July 12, 2016 at 11:38 AM To: Xavier Calvez <xavier.calvez@icann.org <mailto:xavier.calvez@icann.org> >, "community-finance@icann.org <mailto:community-finance@icann.org> " <community-finance@icann.org <mailto:community-finance@icann.org> >, "cwg-stewardship@icann.org <mailto:cwg-stewardship@icann.org> " <cwg-stewardship@icann.org <mailto:cwg-stewardship@icann.org> >, CCWG-Accountability <accountability-cross-community@icann.org <mailto:accountability-cross-community@icann.org> > Cc: Executive Team <executive-team@icann.org <mailto:executive-team@icann.org> >, COMMS Team <commsteam@icann.org <mailto:commsteam@icann.org> >, "icann-board@icann.org <mailto:icann-board@icann.org> " <icann-board@icann.org <mailto:icann-board@icann.org> >, Finance Staff <finance-staff@icann.org <mailto:finance-staff@icann.org> > Subject: RE: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Xavier,
Thanks for promising to get this information to me in Helsinki. Do you have an estimate for when it will be provided?
Thanks,
Brett
Brett Schaefer Jay Kingham Senior Research Fellow in International Regulatory Affairs Margaret Thatcher Center for Freedom Davis Institute for National Security and Foreign Policy The Heritage Foundation 214 Massachusetts Avenue, NE Washington, DC 20002 202-608-6097 <http://heritage.org/> heritage.org
From: Schaefer, Brett Sent: Wednesday, June 22, 2016 2:39 PM To: 'Xavier J. Calvez'; community-finance@icann.org <mailto:community-finance@icann.org> ; cwg-stewardship@icann.org <mailto:cwg-stewardship@icann.org> ; CCWG-Accountability Cc: Executive Team; COMMS Team; icann-board@icann.org <mailto:icann-board@icann.org> ; Finance Staff Subject: RE: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Xavier,
I appreciate the detailed breakdown on the legal fees That is indeed what I was looking for though I would think it useful to have the totals provided in the summary document.
However, I did not see similar information for lobbying or education/ engagement/advice in the links provided. In fact, the only specific information that I saw listed is for Jamie Hedlund at $200,000. No information on other individual firms or vendors is listed at all – only the top line budget expenditure in the summary document link originally sent around.
Could you provide that information?
Thanks,
Brett
From: Xavier J. Calvez [mailto:xavier.calvez@icann.org] Sent: Wednesday, June 22, 2016 10:43 AM To: Schaefer, Brett; community-finance@icann.org <mailto:community-finance@icann.org> ; cwg-stewardship@icann.org <mailto:cwg-stewardship@icann.org> ; CCWG-Accountability Cc: Executive Team; COMMS Team; icann-board@icann.org <mailto:icann-board@icann.org> ; Finance Staff Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Dear all,
It appears that the first link in my email further below (detail of legal fees by firm) does not resolve correctly. Please use the below instead.
https://www.icann.org/en/system/files/files/iana-stewardship-expenses-legal-...
Thank you.
Best,
Xavier
Xavier Calvez
ICANN
CFO
12025 Waterfront Drive, Suite 300
Los Angeles, CA 90094
Office : +1 (310) 301 5838
Mobile : +1 (805) 312 0052
Fax : +1 (310) 957-2348
From: Xavier Calvez <xavier.calvez@icann.org <mailto:xavier.calvez@icann.org> > Date: Wednesday, June 22, 2016 at 1:01 PM To: "Schaefer, Brett" <Brett.Schaefer@heritage.org <mailto:Brett.Schaefer@heritage.org> >, "community-finance@icann.org <mailto:community-finance@icann.org> " <community-finance@icann.org <mailto:community-finance@icann.org> >, "cwg-stewardship@icann.org <mailto:cwg-stewardship@icann.org> " <cwg-stewardship@icann.org <mailto:cwg-stewardship@icann.org> >, CCWG-Accountability <accountability-cross-community@icann.org <mailto:accountability-cross-community@icann.org> > Cc: Executive Team <executive-team@icann.org <mailto:executive-team@icann.org> >, COMMS Team <commsteam@icann.org <mailto:commsteam@icann.org> >, "icann-board@icann.org <mailto:icann-board@icann.org> " <icann-board@icann.org <mailto:icann-board@icann.org> >, Finance Staff <finance-staff@icann.org <mailto:finance-staff@icann.org> > Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Dear Brett,
Thank you for your interest and question.
We currently publish the list of all vendors from whom ICANN obtain services in relation to the IANA Stewardship transition. The $$ value of the services received is aggregated by category of expenses, which you mention below (US Government affairs, Education/engagement/advice,…). This presentation is driven by 2 factors: providing clarity as to the type of services received, and abiding by the contractual obligation of confidentiality in force with each of the vendors (resulting from standard business sensitive information).
We do publish however the detail of the legal advice, by firm and by working group, on this same page (see for example the link to the report of fees by firm: https://www.icann.org/en/system/files/files/iana-stewardship-expenses-legal-...).
You will also find more information relative to ICANN’s lobbying in the following blog published a few months ago. In this blog, you will also find links to the disclosure reports that ICANN makes on lobbying activities.
https://www.icann.org/resources/pages/lobbying-disclosures-contributions-201....
Lastly, further information on lobbying appears in ICANN’s form 990 (Schedule C, Part II-B. On page 33/73 of the FY15 form 990 published at the following link):
https://www.icann.org/en/system/files/files/fy-2015-form-990-10may16-en.pdf
I hope this helps. Please let me know if you have further questions.
Thank you.
Best,
Xavier
Xavier Calvez
ICANN
CFO
12025 Waterfront Drive, Suite 300
Los Angeles, CA 90094
Office : +1 (310) 301 5838
Mobile : +1 (805) 312 0052
Fax : +1 (310) 957-2348
From: "Schaefer, Brett" <Brett.Schaefer@heritage.org <mailto:Brett.Schaefer@heritage.org> > Date: Tuesday, June 21, 2016 at 9:54 PM To: Xavier Calvez <xavier.calvez@icann.org <mailto:xavier.calvez@icann.org> >, "community-finance@icann.org" <community-finance@icann.org <mailto:community-finance@icann.org> >, "cwg-stewardship@icann.org <mailto:cwg-stewardship@icann.org> " <cwg-stewardship@icann.org <mailto:cwg-stewardship@icann.org> >, CCWG-Accountability <accountability-cross-community@icann.org <mailto:accountability-cross-community@icann.org> > Cc: Executive Team <executive-team@icann.org <mailto:executive-team@icann.org> >, COMMS Team <commsteam@icann.org <mailto:commsteam@icann.org> >, "icann-board@icann.org <mailto:icann-board@icann.org> " <icann-board@icann.org <mailto:icann-board@icann.org> >, Finance Staff <finance-staff@icann.org <mailto:finance-staff@icann.org> > Subject: RE: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Xavier,
Thank you. Could you please provide a more detailed breakdown of legal advice, US government affairs, and educations/engagement/advice? In each category, there are multiple firms/vendors listed (https://www.icann.org/en/system/files/files/iana-stewardship-expenses-profes...). I would appreciate the amount provided to each individual vendor. If it is provided somewhere, I would appreciate you letting me know where to find it.
Much appreciated,
Brett
Brett Schaefer Jay Kingham Senior Research Fellow in International Regulatory Affairs Margaret Thatcher Center for Freedom Davis Institute for National Security and Foreign Policy The Heritage Foundation 214 Massachusetts Avenue, NE Washington, DC 20002 202-608-6097 <http://heritage.org/> heritage.org
From: accountability-cross-community-bounces@icann.org <mailto:accountability-cross-community-bounces@icann.org> [mailto:accountability-cross-community-bounces@icann.org] On Behalf Of Xavier J. Calvez Sent: Saturday, June 18, 2016 12:10 AM To: community-finance@icann.org <mailto:community-finance@icann.org> ; cwg-stewardship@icann.org <mailto:cwg-stewardship@icann.org> ; CCWG-Accountability Cc: Executive Team; COMMS Team; icann-board@icann.org <mailto:icann-board@icann.org> ; Finance Staff Subject: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Dear all,
You find at the link below the updated project’s expenses as of FY16 Q3 (from July 2014 to March 2016). As indicated a few months ago, we have added new detailed information on the staff support with the individual positions, names and percentages of effort over the period.
https://www.icann.org/resources/pages/iana-stewardship-project-costs
Thank you.
Best,
Xavier
Xavier Calvez
ICANN
CFO
12025 Waterfront Drive, Suite 300
Los Angeles, CA 90094
Office : +1 (310) 301 5838
Mobile : +1 (805) 312 0052
Fax : +1 (310) 957-2348
<iana-stewardship-expenses-professional-vendor-01jun16-en.pdf>
Xavier
Is ICANN imposing the confidentiality you refer to, or is it the vendors?
Regards
Michele
Mr Michele Neylon Blacknight Hosting & Domains http://www.blacknight.host/ http://www.mneylon.social Sent from mobile so typos and brevity are normal
On 19 Jul 2016, at 19:59, Paul Rosenzweig <paul.rosenzweig@redbranchconsulting.com<mailto:paul.rosenzweig@redbranchconsulting.com>> wrote:
Xavier
May I follow up on Brett’s question by also asking whether those confidentiality provisions are part of ICANN’s standard contracts with all vendors or are they only part of the agreements with these particular vendors?
Thanks Paul
Paul Rosenzweig paul.rosenzweig@redbranchconsulting.com<mailto:paul.rosenzweig@redbranchconsulting.com> O: +1 (202) 547-0660 M: +1 (202) 329-9650 VOIP: +1 (202) 738-1739 www.redbranchconsulting.com<http://www.redbranchconsulting.com/> My PGP Key: http://redbranchconsulting.com/who-we-are/public-pgp-key/
From: accountability-cross-community-bounces@icann.org<mailto:accountability-cross-community-bounces@icann.org> [mailto:accountability-cross-community-bounces@icann.org] On Behalf Of Schaefer, Brett Sent: Tuesday, July 19, 2016 1:04 PM To: Xavier J. Calvez <xavier.calvez@icann.org<mailto:xavier.calvez@icann.org>> Cc: cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>; CCWG-Accountability <accountability-cross-community@icann.org<mailto:accountability-cross-community@icann.org>>; icann-board@icann.org<mailto:icann-board@icann.org>; Executive Team <executive-team@icann.org<mailto:executive-team@icann.org>>; COMMS Team <commsteam@icann.org<mailto:commsteam@icann.org>>; community-finance@icann.org<mailto:community-finance@icann.org>; Finance Staff <finance-staff@icann.org<mailto:finance-staff@icann.org>> Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Xavier,
Are you saying that ICANN’s contracts for Education/Engagement/Advice with (1) Albright Stonebridge Group LLC, (2) Edelman, (3) Interface Media, (4) Rice Hadley Gates LLC, (5) Summit Strategies International LLC, (6) WBC Global, and (7) Wiley Rein LLP each contain confidentiality provisions that prohibit ICANN from disclosing the specific amount paid to each of these individual vendors?
Does this only apply to the CCWG and the public or does it also apply to other parts of the ICANN community, specifically the Supporting Organizations and Advisory Committees?
Thank you for the link on lobbying disclosures. For those who are interested, here are ICANN’s lobbying expenditures based on the disclosure website of the U.S. Congress.
<image001.png>
I do have a couple of additional questions. Would this source capture lobbying exclusively directed toward the US Executive Branch? Has ICANN spent any funds during this period lobbying governments other than the US?
Thank you,
Brett
Brett Schaefer Jay Kingham Senior Research Fellow in International Regulatory Affairs Margaret Thatcher Center for Freedom Davis Institute for National Security and Foreign Policy The Heritage Foundation 214 Massachusetts Avenue, NE Washington, DC 20002 202-608-6097 heritage.org<http://heritage.org/> From: Xavier J. Calvez [mailto:xavier.calvez@icann.org] Sent: Monday, July 18, 2016 6:30 PM To: Schaefer, Brett Cc: community-finance@icann.org<mailto:community-finance@icann.org>; cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>; CCWG-Accountability; Executive Team; COMMS Team; icann-board@icann.org<mailto:icann-board@icann.org>; Finance Staff Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Brett, Yes, the information I provided in my latest email had been included in some previous communication. I just wanted to make sure you had a clear visibility on this information, which provides for (i) categories of expenses, (ii) the individual names of the vendors grouped for each category, and (iii) the total value of the expenses for each category. With respect to the contractual obligations of confidentiality in commercial contracts, ICANN is subject to them, like all business organizations. That said, we disclose what we can consistent with standard business confidentiality provisions in vendor contracts. We cannot disclose the specific amount of spend with each vendor but we were able to disclose the names of the service providers engaged. Regarding the lobbying expenses, as you are aware, both organizations that hire lobbyists and firms that lobby on behalf of organizations are required under U.S. federal law to file lobbying disclosure reports. In addition to ICANN’s quarterly lobbying disclosures posted on our website, you can find the amounts ICANN has paid to individual outside lobbying firms at http://disclosures.house.gov/ld/ldsearch.aspx. I hope this helps and clarifies.
Thank you.
Best, Xavier
Xavier Calvez ICANN CFO 12025 Waterfront Drive, Suite 300 Los Angeles, CA 90094 Office : +1 (310) 301 5838 Mobile : +1 (805) 312 0052 Fax : +1 (310) 957-2348
From: "Schaefer, Brett" <Brett.Schaefer@heritage.org<mailto:Brett.Schaefer@heritage.org>> Date: Thursday, July 14, 2016 at 7:07 AM To: Xavier Calvez <xavier.calvez@icann.org<mailto:xavier.calvez@icann.org>> Cc: "community-finance@icann.org<mailto:community-finance@icann.org>" <community-finance@icann.org<mailto:community-finance@icann.org>>, "cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>" <cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>>, CCWG-Accountability <accountability-cross-community@icann.org<mailto:accountability-cross-community@icann.org>>, Executive Team <executive-team@icann.org<mailto:executive-team@icann.org>>, COMMS Team <commsteam@icann.org<mailto:commsteam@icann.org>>, "icann-board@icann.org<mailto:icann-board@icann.org>" <icann-board@icann.org<mailto:icann-board@icann.org>>, Finance Staff <finance-staff@icann.org<mailto:finance-staff@icann.org>> Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Xavier,
This is pretty much the same information that was provided before. I am asking for a breakdown of how much was paid to each vender in the lobbying category (Akin Gump, etc.) and the education/engagement/advice category (Albright Stoneridge, etc.).
Thank you,
Brett
On Jul 13, 2016, at 8:13 PM, Xavier J. Calvez <xavier.calvez@icann.org<mailto:xavier.calvez@icann.org>> wrote: Dear Brett, In response to your question listed below on 22 June: the detailed information provided on Other professional fees (other than legal fees, detailed in a separate section of the “Transition project cost” expense webpage, on the IANA Stewardship Transition webpage) can be found in the section called “Professional Services – Expenses Breakdown”. Within this section, you will find a link to a document that provides the list of Professional Services (other than legal fees) incurred, by category, with the names of the vendors, and the total amount of expenditures for the category. This link is copied below and was provided in my first answer to your question. I have also attached the file to which this link refers in case the link would not work for you. https://www.icann.org/en/system/files/files/iana-stewardship-expenses-profes... If this not addressing your question, please let me know.
Thank you.
Best, Xavier
Xavier Calvez ICANN CFO 12025 Waterfront Drive, Suite 300 Los Angeles, CA 90094 Office : +1 (310) 301 5838 Mobile : +1 (805) 312 0052 Fax : +1 (310) 957-2348
Brett Schaefer Jay Kingham Senior Research Fellow in International Regulatory Affairs Margaret Thatcher Center for Freedom Davis Institute for National Security and Foreign Policy The Heritage Foundation 214 Massachusetts Avenue, NE Washington, DC 20002 202-608-6097 heritage.org<http://heritage.org/> From: Xavier Calvez <xavier.calvez@icann.org<mailto:xavier.calvez@icann.org>> Date: Tuesday, July 12, 2016 at 9:45 AM To: "Schaefer, Brett" <Brett.Schaefer@heritage.org<mailto:Brett.Schaefer@heritage.org>>, "community-finance@icann.org<mailto:community-finance@icann.org>" <community-finance@icann.org<mailto:community-finance@icann.org>>, "cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>" <cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>>, CCWG-Accountability <accountability-cross-community@icann.org<mailto:accountability-cross-community@icann.org>> Cc: Executive Team <executive-team@icann.org<mailto:executive-team@icann.org>>, COMMS Team <commsteam@icann.org<mailto:commsteam@icann.org>>, "icann-board@icann.org<mailto:icann-board@icann.org>" <icann-board@icann.org<mailto:icann-board@icann.org>>, Finance Staff <finance-staff@icann.org<mailto:finance-staff@icann.org>> Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Brett, Thank you for following up. I will make sure to respond no later than the end of this week.
Thank you.
Best, Xavier
Xavier Calvez ICANN CFO 12025 Waterfront Drive, Suite 300 Los Angeles, CA 90094 Office : +1 (310) 301 5838 Mobile : +1 (805) 312 0052 Fax : +1 (310) 957-2348
From: "Schaefer, Brett" <Brett.Schaefer@heritage.org<mailto:Brett.Schaefer@heritage.org>> Date: Tuesday, July 12, 2016 at 11:38 AM To: Xavier Calvez <xavier.calvez@icann.org<mailto:xavier.calvez@icann.org>>, "community-finance@icann.org<mailto:community-finance@icann.org>" <community-finance@icann.org<mailto:community-finance@icann.org>>, "cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>" <cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>>, CCWG-Accountability <accountability-cross-community@icann.org<mailto:accountability-cross-community@icann.org>> Cc: Executive Team <executive-team@icann.org<mailto:executive-team@icann.org>>, COMMS Team <commsteam@icann.org<mailto:commsteam@icann.org>>, "icann-board@icann.org<mailto:icann-board@icann.org>" <icann-board@icann.org<mailto:icann-board@icann.org>>, Finance Staff <finance-staff@icann.org<mailto:finance-staff@icann.org>> Subject: RE: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Xavier,
Thanks for promising to get this information to me in Helsinki. Do you have an estimate for when it will be provided?
Thanks,
Brett
Brett Schaefer Jay Kingham Senior Research Fellow in International Regulatory Affairs Margaret Thatcher Center for Freedom Davis Institute for National Security and Foreign Policy The Heritage Foundation 214 Massachusetts Avenue, NE Washington, DC 20002 202-608-6097 heritage.org<http://heritage.org/> From: Schaefer, Brett Sent: Wednesday, June 22, 2016 2:39 PM To: 'Xavier J. Calvez'; community-finance@icann.org<mailto:community-finance@icann.org>; cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>; CCWG-Accountability Cc: Executive Team; COMMS Team; icann-board@icann.org<mailto:icann-board@icann.org>; Finance Staff Subject: RE: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Xavier,
I appreciate the detailed breakdown on the legal fees That is indeed what I was looking for though I would think it useful to have the totals provided in the summary document.
However, I did not see similar information for lobbying or education/ engagement/advice in the links provided. In fact, the only specific information that I saw listed is for Jamie Hedlund at $200,000. No information on other individual firms or vendors is listed at all – only the top line budget expenditure in the summary document link originally sent around.
Could you provide that information?
Thanks,
Brett
From: Xavier J. Calvez [mailto:xavier.calvez@icann.org] Sent: Wednesday, June 22, 2016 10:43 AM To: Schaefer, Brett; community-finance@icann.org<mailto:community-finance@icann.org>; cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>; CCWG-Accountability Cc: Executive Team; COMMS Team; icann-board@icann.org<mailto:icann-board@icann.org>; Finance Staff Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Dear all, It appears that the first link in my email further below (detail of legal fees by firm) does not resolve correctly. Please use the below instead. https://www.icann.org/en/system/files/files/iana-stewardship-expenses-legal-...
Thank you.
Best, Xavier
Xavier Calvez ICANN CFO 12025 Waterfront Drive, Suite 300 Los Angeles, CA 90094 Office : +1 (310) 301 5838 Mobile : +1 (805) 312 0052 Fax : +1 (310) 957-2348
From: Xavier Calvez <xavier.calvez@icann.org<mailto:xavier.calvez@icann.org>> Date: Wednesday, June 22, 2016 at 1:01 PM To: "Schaefer, Brett" <Brett.Schaefer@heritage.org<mailto:Brett.Schaefer@heritage.org>>, "community-finance@icann.org<mailto:community-finance@icann.org>" <community-finance@icann.org<mailto:community-finance@icann.org>>, "cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>" <cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>>, CCWG-Accountability <accountability-cross-community@icann.org<mailto:accountability-cross-community@icann.org>> Cc: Executive Team <executive-team@icann.org<mailto:executive-team@icann.org>>, COMMS Team <commsteam@icann.org<mailto:commsteam@icann.org>>, "icann-board@icann.org<mailto:icann-board@icann.org>" <icann-board@icann.org<mailto:icann-board@icann.org>>, Finance Staff <finance-staff@icann.org<mailto:finance-staff@icann.org>> Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Dear Brett, Thank you for your interest and question. We currently publish the list of all vendors from whom ICANN obtain services in relation to the IANA Stewardship transition. The $$ value of the services received is aggregated by category of expenses, which you mention below (US Government affairs, Education/engagement/advice,…). This presentation is driven by 2 factors: providing clarity as to the type of services received, and abiding by the contractual obligation of confidentiality in force with each of the vendors (resulting from standard business sensitive information). We do publish however the detail of the legal advice, by firm and by working group, on this same page (see for example the link to the report of fees by firm: https://www.icann.org/en/system/files/files/iana-stewardship-expenses-legal-...). You will also find more information relative to ICANN’s lobbying in the following blog published a few months ago. In this blog, you will also find links to the disclosure reports that ICANN makes on lobbying activities. https://www.icann.org/resources/pages/lobbying-disclosures-contributions-201.... Lastly, further information on lobbying appears in ICANN’s form 990 (Schedule C, Part II-B. On page 33/73 of the FY15 form 990 published at the following link): https://www.icann.org/en/system/files/files/fy-2015-form-990-10may16-en.pdf I hope this helps. Please let me know if you have further questions.
Thank you.
Best, Xavier
Xavier Calvez ICANN CFO 12025 Waterfront Drive, Suite 300 Los Angeles, CA 90094 Office : +1 (310) 301 5838 Mobile : +1 (805) 312 0052 Fax : +1 (310) 957-2348
From: "Schaefer, Brett" <Brett.Schaefer@heritage.org<mailto:Brett.Schaefer@heritage.org>> Date: Tuesday, June 21, 2016 at 9:54 PM To: Xavier Calvez <xavier.calvez@icann.org<mailto:xavier.calvez@icann.org>>, "community-finance@icann.org<mailto:community-finance@icann.org>" <community-finance@icann.org<mailto:community-finance@icann.org>>, "cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>" <cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>>, CCWG-Accountability <accountability-cross-community@icann.org<mailto:accountability-cross-community@icann.org>> Cc: Executive Team <executive-team@icann.org<mailto:executive-team@icann.org>>, COMMS Team <commsteam@icann.org<mailto:commsteam@icann.org>>, "icann-board@icann.org<mailto:icann-board@icann.org>" <icann-board@icann.org<mailto:icann-board@icann.org>>, Finance Staff <finance-staff@icann.org<mailto:finance-staff@icann.org>> Subject: RE: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Xavier,
Thank you. Could you please provide a more detailed breakdown of legal advice, US government affairs, and educations/engagement/advice? In each category, there are multiple firms/vendors listed (https://www.icann.org/en/system/files/files/iana-stewardship-expenses-profes...). I would appreciate the amount provided to each individual vendor. If it is provided somewhere, I would appreciate you letting me know where to find it.
Much appreciated,
Brett
Brett Schaefer Jay Kingham Senior Research Fellow in International Regulatory Affairs Margaret Thatcher Center for Freedom Davis Institute for National Security and Foreign Policy The Heritage Foundation 214 Massachusetts Avenue, NE Washington, DC 20002 202-608-6097 heritage.org<http://heritage.org/> From: accountability-cross-community-bounces@icann.org<mailto:accountability-cross-community-bounces@icann.org> [mailto:accountability-cross-community-bounces@icann.org] On Behalf Of Xavier J. Calvez Sent: Saturday, June 18, 2016 12:10 AM To: community-finance@icann.org<mailto:community-finance@icann.org>; cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>; CCWG-Accountability Cc: Executive Team; COMMS Team; icann-board@icann.org<mailto:icann-board@icann.org>; Finance Staff Subject: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Dear all, You find at the link below the updated project’s expenses as of FY16 Q3 (from July 2014 to March 2016). As indicated a few months ago, we have added new detailed information on the staff support with the individual positions, names and percentages of effort over the period.
https://www.icann.org/resources/pages/iana-stewardship-project-costs
Thank you.
Best, Xavier
Xavier Calvez ICANN CFO 12025 Waterfront Drive, Suite 300 Los Angeles, CA 90094 Office : +1 (310) 301 5838 Mobile : +1 (805) 312 0052 Fax : +1 (310) 957-2348
<iana-stewardship-expenses-professional-vendor-01jun16-en.pdf>
community-finance mailing list community-finance@icann.org<mailto:community-finance@icann.org> https://mm.icann.org/mailman/listinfo/community-finance
I am a consultant to an NGO, on the Board of an NGO, and I represent companies and trade associations. Usually the confidentiality clause is about WHAT one does, and eliminating conflicts with other clients. If these consultants are unable to acknowledge that they are ICANN consultants, this is a problem.If they are afraid to declare the amount they are receiving as consultant, I am concerned. And if they are simultaneously a consultant to a group of AC/SO entities and ICANN, then they need to declare that. M
From: michele@blacknight.com To: paul.rosenzweig@redbranchconsulting.com Date: Tue, 19 Jul 2016 22:30:20 +0000 CC: cwg-stewardship@icann.org; commsteam@icann.org; accountability-cross-community@icann.org; icann-board@icann.org; executive-team@icann.org; Brett.Schaefer@heritage.org; community-finance@icann.org; finance-staff@icann.org Subject: Re: [community-finance] [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Xavier
Is ICANN imposing the confidentiality you refer to, or is it the vendors?
Regards
Michele
Mr Michele Neylon Blacknight Hosting & Domains http://www.blacknight.host/ http://www.mneylon.social Sent from mobile so typos and brevity are normal
On 19 Jul 2016, at 19:59, Paul Rosenzweig <paul.rosenzweig@redbranchconsulting.com> wrote:
Xavier
May I follow up on Brett’s question by also asking whether those confidentiality provisions are part of ICANN’s standard contracts with all vendors or are they only part of the agreements with these particular vendors?
Thanks Paul
Paul Rosenzweig paul.rosenzweig@redbranchconsulting.com O: +1 (202) 547-0660 M: +1 (202) 329-9650 VOIP: +1 (202) 738-1739 www.redbranchconsulting.com My PGP Key: http://redbranchconsulting.com/who-we-are/public-pgp-key/
From: accountability-cross-community-bounces@icann.org [mailto:accountability-cross-community-bounces@icann.org] On Behalf Of Schaefer, Brett
Sent: Tuesday, July 19, 2016 1:04 PM
To: Xavier J. Calvez <xavier.calvez@icann.org>
Cc: cwg-stewardship@icann.org; CCWG-Accountability <accountability-cross-community@icann.org>; icann-board@icann.org; Executive Team <executive-team@icann.org>; COMMS Team <commsteam@icann.org>; community-finance@icann.org; Finance Staff <finance-staff@icann.org>
Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Xavier,
Are you saying that ICANN’s contracts for Education/Engagement/Advice with (1) Albright Stonebridge Group LLC, (2) Edelman, (3) Interface Media, (4) Rice Hadley Gates LLC, (5) Summit Strategies International LLC, (6) WBC Global, and (7) Wiley Rein LLP each contain confidentiality provisions that prohibit ICANN from disclosing the specific amount paid to each of these individual vendors?
Does this only apply to the CCWG and the public or does it also apply to other parts of the ICANN community, specifically the Supporting Organizations and Advisory Committees?
Thank you for the link on lobbying disclosures. For those who are interested, here are ICANN’s lobbying expenditures based on the disclosure website of the U.S. Congress.
<image001.png>
I do have a couple of additional questions. Would this source capture lobbying exclusively directed toward the US Executive Branch? Has ICANN spent any funds during this period lobbying governments other than the US?
Thank you,
Brett
Brett Schaefer
Jay Kingham Senior Research Fellow in International Regulatory Affairs
Margaret Thatcher Center for Freedom Davis Institute for National Security and Foreign Policy
The Heritage Foundation
214 Massachusetts Avenue, NE
Washington, DC 20002
202-608-6097
heritage.org
From: Xavier J. Calvez [mailto:xavier.calvez@icann.org]
Sent: Monday, July 18, 2016 6:30 PM
To: Schaefer, Brett
Cc: community-finance@icann.org; cwg-stewardship@icann.org; CCWG-Accountability; Executive Team; COMMS Team; icann-board@icann.org; Finance Staff
Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Brett, Yes, the information I provided in my latest email had been included in some previous communication. I just wanted to make sure you had a clear visibility on this information, which provides for (i) categories of expenses, (ii) the individual names of the vendors grouped for each category, and (iii) the total value of the expenses for each category. With respect to the contractual obligations of confidentiality in commercial contracts, ICANN is subject to them, like all business organizations. That said, we disclose what we can consistent with standard business confidentiality provisions in vendor contracts. We cannot disclose the specific amount of spend with each vendor but we were able to disclose the names of the service providers engaged. Regarding the lobbying expenses, as you are aware, both organizations that hire lobbyists and firms that lobby on behalf of organizations are required under U.S. federal law to file lobbying disclosure reports. In addition to ICANN’s quarterly lobbying disclosures posted on our website, you can find the amounts ICANN has paid to individual outside lobbying firms at http://disclosures.house.gov/ld/ldsearch.aspx. I hope this helps and clarifies.
Thank you.
Best,
Xavier
Xavier Calvez
ICANN
CFO
12025 Waterfront Drive, Suite 300
Los Angeles, CA 90094
Office : +1 (310) 301 5838
Mobile : +1 (805) 312 0052
Fax : +1 (310) 957-2348
From: "Schaefer, Brett" <Brett.Schaefer@heritage.org>
Date: Thursday, July 14, 2016 at 7:07 AM
To: Xavier Calvez <xavier.calvez@icann.org>
Cc: "community-finance@icann.org" <community-finance@icann.org>, "cwg-stewardship@icann.org" <cwg-stewardship@icann.org>, CCWG-Accountability <accountability-cross-community@icann.org>, Executive Team <executive-team@icann.org>, COMMS Team <commsteam@icann.org>, "icann-board@icann.org" <icann-board@icann.org>, Finance Staff <finance-staff@icann.org>
Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Xavier,
This is pretty much the same information that was provided before. I am asking for a breakdown of how much was paid to each vender in the lobbying category (Akin Gump, etc.) and the education/engagement/advice category (Albright Stoneridge, etc.).
Thank you,
Brett
On Jul 13, 2016, at 8:13 PM, Xavier J. Calvez <xavier.calvez@icann.org> wrote:
Dear Brett, In response to your question listed below on 22 June: the detailed information provided on Other professional fees (other than legal fees, detailed in a separate section of the “Transition project cost” expense webpage, on the IANA Stewardship Transition webpage) can be found in the section called “Professional Services – Expenses Breakdown”. Within this section, you will find a link to a document that provides the list of Professional Services (other than legal fees) incurred, by category, with the names of the vendors, and the total amount of expenditures for the category. This link is copied below and was provided in my first answer to your question. I have also attached the file to which this link refers in case the link would not work for you. https://www.icann.org/en/system/files/files/iana-stewardship-expenses-profes... If this not addressing your question, please let me know.
Thank you.
Best,
Xavier
Xavier Calvez
ICANN
CFO
12025 Waterfront Drive, Suite 300
Los Angeles, CA 90094
Office : +1 (310) 301 5838
Mobile : +1 (805) 312 0052
Fax : +1 (310) 957-2348
Brett Schaefer
Jay Kingham Senior Research Fellow in International Regulatory Affairs
Margaret Thatcher Center for Freedom Davis Institute for National Security and Foreign Policy
The Heritage Foundation
214 Massachusetts Avenue, NE
Washington, DC 20002
202-608-6097
heritage.org
From: Xavier Calvez <xavier.calvez@icann.org>
Date: Tuesday, July 12, 2016 at 9:45 AM
To: "Schaefer, Brett" <Brett.Schaefer@heritage.org>, "community-finance@icann.org" <community-finance@icann.org>, "cwg-stewardship@icann.org" <cwg-stewardship@icann.org>, CCWG-Accountability <accountability-cross-community@icann.org>
Cc: Executive Team <executive-team@icann.org>, COMMS Team <commsteam@icann.org>, "icann-board@icann.org" <icann-board@icann.org>, Finance Staff <finance-staff@icann.org>
Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Brett, Thank you for following up. I will make sure to respond no later than the end of this week.
Thank you.
Best,
Xavier
Xavier Calvez
ICANN
CFO
12025 Waterfront Drive, Suite 300
Los Angeles, CA 90094
Office : +1 (310) 301 5838
Mobile : +1 (805) 312 0052
Fax : +1 (310) 957-2348
From: "Schaefer, Brett" <Brett.Schaefer@heritage.org>
Date: Tuesday, July 12, 2016 at 11:38 AM
To: Xavier Calvez <xavier.calvez@icann.org>, "community-finance@icann.org" <community-finance@icann.org>, "cwg-stewardship@icann.org" <cwg-stewardship@icann.org>, CCWG-Accountability <accountability-cross-community@icann.org>
Cc: Executive Team <executive-team@icann.org>, COMMS Team <commsteam@icann.org>, "icann-board@icann.org" <icann-board@icann.org>, Finance Staff <finance-staff@icann.org>
Subject: RE: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Xavier,
Thanks for promising to get this information to me in Helsinki. Do you have an estimate for when it will be provided?
Thanks,
Brett
Brett Schaefer
Jay Kingham Senior Research Fellow in International Regulatory Affairs
Margaret Thatcher Center for Freedom Davis Institute for National Security and Foreign Policy
The Heritage Foundation
214 Massachusetts Avenue, NE
Washington, DC 20002
202-608-6097
heritage.org
From: Schaefer, Brett
Sent: Wednesday, June 22, 2016 2:39 PM
To: 'Xavier J. Calvez'; community-finance@icann.org; cwg-stewardship@icann.org; CCWG-Accountability
Cc: Executive Team; COMMS Team; icann-board@icann.org; Finance Staff
Subject: RE: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Xavier,
I appreciate the detailed breakdown on the legal fees That is indeed what I was looking for though I would think it useful to have the totals provided in the summary document.
However, I did not see similar information for lobbying or education/ engagement/advice in the links provided. In fact, the only specific information that I saw listed is for Jamie Hedlund at $200,000. No information on other individual firms or vendors is listed at all – only the top line budget expenditure in the summary document link originally sent around.
Could you provide that information?
Thanks,
Brett
From: Xavier J. Calvez [mailto:xavier.calvez@icann.org]
Sent: Wednesday, June 22, 2016 10:43 AM
To: Schaefer, Brett; community-finance@icann.org; cwg-stewardship@icann.org; CCWG-Accountability
Cc: Executive Team; COMMS Team; icann-board@icann.org; Finance Staff
Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Dear all, It appears that the first link in my email further below (detail of legal fees by firm) does not resolve correctly. Please use the below instead. https://www.icann.org/en/system/files/files/iana-stewardship-expenses-legal-...
Thank you.
Best,
Xavier
Xavier Calvez
ICANN
CFO
12025 Waterfront Drive, Suite 300
Los Angeles, CA 90094
Office : +1 (310) 301 5838
Mobile : +1 (805) 312 0052
Fax : +1 (310) 957-2348
From: Xavier Calvez <xavier.calvez@icann.org>
Date: Wednesday, June 22, 2016 at 1:01 PM
To: "Schaefer, Brett" <Brett.Schaefer@heritage.org>, "community-finance@icann.org" <community-finance@icann.org>, "cwg-stewardship@icann.org" <cwg-stewardship@icann.org>, CCWG-Accountability <accountability-cross-community@icann.org>
Cc: Executive Team <executive-team@icann.org>, COMMS Team <commsteam@icann.org>, "icann-board@icann.org" <icann-board@icann.org>, Finance Staff <finance-staff@icann.org>
Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Dear Brett, Thank you for your interest and question. We currently publish the list of all vendors from whom ICANN obtain services in relation to the IANA Stewardship transition. The $$ value of the services received is aggregated by category of expenses, which you mention below (US Government affairs, Education/engagement/advice,…). This presentation is driven by 2 factors: providing clarity as to the type of services received, and abiding by the contractual obligation of confidentiality in force with each of the vendors (resulting from standard business sensitive information). We do publish however the detail of the legal advice, by firm and by working group, on this same page (see for example the link to the report of fees by firm: https://www.icann.org/en/system/files/files/iana-stewardship-expenses-legal-...). You will also find more information relative to ICANN’s lobbying in the following blog published a few months ago. In this blog, you will also find links to the disclosure reports that ICANN makes on lobbying activities. https://www.icann.org/resources/pages/lobbying-disclosures-contributions-201.... Lastly, further information on lobbying appears in ICANN’s form 990 (Schedule C, Part II-B. On page 33/73 of the FY15 form 990 published at the following link): https://www.icann.org/en/system/files/files/fy-2015-form-990-10may16-en.pdf
I hope this helps. Please let me know if you have further questions.
Thank you.
Best,
Xavier
Xavier Calvez
ICANN
CFO
12025 Waterfront Drive, Suite 300
Los Angeles, CA 90094
Office : +1 (310) 301 5838
Mobile : +1 (805) 312 0052
Fax : +1 (310) 957-2348
From: "Schaefer, Brett" <Brett.Schaefer@heritage.org>
Date: Tuesday, June 21, 2016 at 9:54 PM
To: Xavier Calvez <xavier.calvez@icann.org>, "community-finance@icann.org" <community-finance@icann.org>, "cwg-stewardship@icann.org" <cwg-stewardship@icann.org>, CCWG-Accountability <accountability-cross-community@icann.org>
Cc: Executive Team <executive-team@icann.org>, COMMS Team <commsteam@icann.org>, "icann-board@icann.org" <icann-board@icann.org>, Finance Staff <finance-staff@icann.org>
Subject: RE: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Xavier,
Thank you. Could you please provide a more detailed breakdown of legal advice, US government affairs, and educations/engagement/advice? In each category, there are multiple firms/vendors listed (https://www.icann.org/en/system/files/files/iana-stewardship-expenses-profes...). I would appreciate the amount provided to each individual vendor. If it is provided somewhere, I would appreciate you letting me know where to find it.
Much appreciated,
Brett
Brett Schaefer
Jay Kingham Senior Research Fellow in International Regulatory Affairs
Margaret Thatcher Center for Freedom Davis Institute for National Security and Foreign Policy
The Heritage Foundation
214 Massachusetts Avenue, NE
Washington, DC 20002
202-608-6097
heritage.org
From: accountability-cross-community-bounces@icann.org [mailto:accountability-cross-community-bounces@icann.org] On Behalf Of Xavier J. Calvez
Sent: Saturday, June 18, 2016 12:10 AM
To: community-finance@icann.org; cwg-stewardship@icann.org; CCWG-Accountability
Cc: Executive Team; COMMS Team; icann-board@icann.org; Finance Staff
Subject: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Dear all, You find at the link below the updated project’s expenses as of FY16 Q3 (from July 2014 to March 2016). As indicated a few months ago, we have added new detailed information on the staff support with the individual positions, names and percentages of effort over the period.
https://www.icann.org/resources/pages/iana-stewardship-project-costs
Thank you.
Best,
Xavier
Xavier Calvez
ICANN
CFO
12025 Waterfront Drive, Suite 300
Los Angeles, CA 90094
Office : +1 (310) 301 5838
Mobile : +1 (805) 312 0052
Fax : +1 (310) 957-2348
<iana-stewardship-expenses-professional-vendor-01jun16-en.pdf>
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+1 on this: If these consultants are unable to acknowledge that they are ICANN consultants, this is a problem.If they are afraid to declare the amount they are receiving as consultant, I am concerned. And if they are simultaneously a consultant to a group of AC/SO entities and ICANN, then they need to declare that.
Philip S. Corwin, Founding Principal Virtualaw LLC 1155 F Street, NW Suite 1050 Washington, DC 20004 202-559-8597/Direct 202-559-8750/Fax 202-255-6172/Cell
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From: community-finance-bounces@icann.org [mailto:community-finance-bounces@icann.org] On Behalf Of Marilyn Cade Sent: Tuesday, July 19, 2016 7:04 PM To: Michele Neylon - Blacknight; Paul Rosenzweig Cc: cwg-stewardship@icann.org; CCWG-Accountability; Schaefer, Brett; icann-board@icann.org; Executive Team; COMMS Team; community-finance@icann.org; Finance Staff Subject: Re: [community-finance] [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
I am a consultant to an NGO, on the Board of an NGO, and I represent companies and trade associations.
Usually the confidentiality clause is about WHAT one does, and eliminating conflicts with other clients.
If these consultants are unable to acknowledge that they are ICANN consultants, this is a problem.If they are afraid to declare the amount they are receiving as consultant, I am concerned. And if they are simultaneously a consultant to a group of AC/SO entities and ICANN, then they need to declare that.
M
From: michele@blacknight.com<mailto:michele@blacknight.com> To: paul.rosenzweig@redbranchconsulting.com<mailto:paul.rosenzweig@redbranchconsulting.com> Date: Tue, 19 Jul 2016 22:30:20 +0000 CC: cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>; commsteam@icann.org<mailto:commsteam@icann.org>; accountability-cross-community@icann.org<mailto:accountability-cross-community@icann.org>; icann-board@icann.org<mailto:icann-board@icann.org>; executive-team@icann.org<mailto:executive-team@icann.org>; Brett.Schaefer@heritage.org<mailto:Brett.Schaefer@heritage.org>; community-finance@icann.org<mailto:community-finance@icann.org>; finance-staff@icann.org<mailto:finance-staff@icann.org> Subject: Re: [community-finance] [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update Xavier
Is ICANN imposing the confidentiality you refer to, or is it the vendors?
Regards
Michele
Mr Michele Neylon Blacknight Hosting & Domains http://www.blacknight.host/ http://www.mneylon.social Sent from mobile so typos and brevity are normal
On 19 Jul 2016, at 19:59, Paul Rosenzweig <paul.rosenzweig@redbranchconsulting.com<mailto:paul.rosenzweig@redbranchconsulting.com>> wrote: Xavier
May I follow up on Brett's question by also asking whether those confidentiality provisions are part of ICANN's standard contracts with all vendors or are they only part of the agreements with these particular vendors?
Thanks Paul
Paul Rosenzweig paul.rosenzweig@redbranchconsulting.com<mailto:paul.rosenzweig@redbranchconsulting.com> O: +1 (202) 547-0660 M: +1 (202) 329-9650 VOIP: +1 (202) 738-1739 www.redbranchconsulting.com<http://www.redbranchconsulting.com/> My PGP Key: http://redbranchconsulting.com/who-we-are/public-pgp-key/
From: accountability-cross-community-bounces@icann.org<mailto:accountability-cross-community-bounces@icann.org> [mailto:accountability-cross-community-bounces@icann.org] On Behalf Of Schaefer, Brett Sent: Tuesday, July 19, 2016 1:04 PM To: Xavier J. Calvez <xavier.calvez@icann.org<mailto:xavier.calvez@icann.org>> Cc: cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>; CCWG-Accountability <accountability-cross-community@icann.org<mailto:accountability-cross-community@icann.org>>; icann-board@icann.org<mailto:icann-board@icann.org>; Executive Team <executive-team@icann.org<mailto:executive-team@icann.org>>; COMMS Team <commsteam@icann.org<mailto:commsteam@icann.org>>; community-finance@icann.org<mailto:community-finance@icann.org>; Finance Staff <finance-staff@icann.org<mailto:finance-staff@icann.org>> Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Xavier,
Are you saying that ICANN's contracts for Education/Engagement/Advice with (1) Albright Stonebridge Group LLC, (2) Edelman, (3) Interface Media, (4) Rice Hadley Gates LLC, (5) Summit Strategies International LLC, (6) WBC Global, and (7) Wiley Rein LLP each contain confidentiality provisions that prohibit ICANN from disclosing the specific amount paid to each of these individual vendors?
Does this only apply to the CCWG and the public or does it also apply to other parts of the ICANN community, specifically the Supporting Organizations and Advisory Committees?
Thank you for the link on lobbying disclosures. For those who are interested, here are ICANN's lobbying expenditures based on the disclosure website of the U.S. Congress.
<image001.png>
I do have a couple of additional questions. Would this source capture lobbying exclusively directed toward the US Executive Branch? Has ICANN spent any funds during this period lobbying governments other than the US?
Thank you,
Brett
Brett Schaefer Jay Kingham Senior Research Fellow in International Regulatory Affairs Margaret Thatcher Center for Freedom Davis Institute for National Security and Foreign Policy The Heritage Foundation 214 Massachusetts Avenue, NE Washington, DC 20002 202-608-6097 heritage.org<http://heritage.org/> From: Xavier J. Calvez [mailto:xavier.calvez@icann.org] Sent: Monday, July 18, 2016 6:30 PM To: Schaefer, Brett Cc: community-finance@icann.org<mailto:community-finance@icann.org>; cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>; CCWG-Accountability; Executive Team; COMMS Team; icann-board@icann.org<mailto:icann-board@icann.org>; Finance Staff Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Brett, Yes, the information I provided in my latest email had been included in some previous communication. I just wanted to make sure you had a clear visibility on this information, which provides for (i) categories of expenses, (ii) the individual names of the vendors grouped for each category, and (iii) the total value of the expenses for each category. With respect to the contractual obligations of confidentiality in commercial contracts, ICANN is subject to them, like all business organizations. That said, we disclose what we can consistent with standard business confidentiality provisions in vendor contracts. We cannot disclose the specific amount of spend with each vendor but we were able to disclose the names of the service providers engaged. Regarding the lobbying expenses, as you are aware, both organizations that hire lobbyists and firms that lobby on behalf of organizations are required under U.S. federal law to file lobbying disclosure reports. In addition to ICANN's quarterly lobbying disclosures posted on our website, you can find the amounts ICANN has paid to individual outside lobbying firms at http://disclosures.house.gov/ld/ldsearch.aspx. I hope this helps and clarifies.
Thank you.
Best, Xavier
Xavier Calvez ICANN CFO 12025 Waterfront Drive, Suite 300 Los Angeles, CA 90094 Office : +1 (310) 301 5838 Mobile : +1 (805) 312 0052 Fax : +1 (310) 957-2348
From: "Schaefer, Brett" <Brett.Schaefer@heritage.org<mailto:Brett.Schaefer@heritage.org>> Date: Thursday, July 14, 2016 at 7:07 AM To: Xavier Calvez <xavier.calvez@icann.org<mailto:xavier.calvez@icann.org>> Cc: "community-finance@icann.org<mailto:community-finance@icann.org>" <community-finance@icann.org<mailto:community-finance@icann.org>>, "cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>" <cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>>, CCWG-Accountability <accountability-cross-community@icann.org<mailto:accountability-cross-community@icann.org>>, Executive Team <executive-team@icann.org<mailto:executive-team@icann.org>>, COMMS Team <commsteam@icann.org<mailto:commsteam@icann.org>>, "icann-board@icann.org<mailto:icann-board@icann.org>" <icann-board@icann.org<mailto:icann-board@icann.org>>, Finance Staff <finance-staff@icann.org<mailto:finance-staff@icann.org>> Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Xavier,
This is pretty much the same information that was provided before. I am asking for a breakdown of how much was paid to each vender in the lobbying category (Akin Gump, etc.) and the education/engagement/advice category (Albright Stoneridge, etc.).
Thank you,
Brett
On Jul 13, 2016, at 8:13 PM, Xavier J. Calvez <xavier.calvez@icann.org<mailto:xavier.calvez@icann.org>> wrote: Dear Brett, In response to your question listed below on 22 June: the detailed information provided on Other professional fees (other than legal fees, detailed in a separate section of the "Transition project cost" expense webpage, on the IANA Stewardship Transition webpage) can be found in the section called "Professional Services - Expenses Breakdown". Within this section, you will find a link to a document that provides the list of Professional Services (other than legal fees) incurred, by category, with the names of the vendors, and the total amount of expenditures for the category. This link is copied below and was provided in my first answer to your question. I have also attached the file to which this link refers in case the link would not work for you. https://www.icann.org/en/system/files/files/iana-stewardship-expenses-profes... If this not addressing your question, please let me know.
Thank you.
Best, Xavier
Xavier Calvez ICANN CFO 12025 Waterfront Drive, Suite 300 Los Angeles, CA 90094 Office : +1 (310) 301 5838 Mobile : +1 (805) 312 0052 Fax : +1 (310) 957-2348
Brett Schaefer Jay Kingham Senior Research Fellow in International Regulatory Affairs Margaret Thatcher Center for Freedom Davis Institute for National Security and Foreign Policy The Heritage Foundation 214 Massachusetts Avenue, NE Washington, DC 20002 202-608-6097 heritage.org<http://heritage.org/> From: Xavier Calvez <xavier.calvez@icann.org<mailto:xavier.calvez@icann.org>> Date: Tuesday, July 12, 2016 at 9:45 AM To: "Schaefer, Brett" <Brett.Schaefer@heritage.org<mailto:Brett.Schaefer@heritage.org>>, "community-finance@icann.org<mailto:community-finance@icann.org>" <community-finance@icann.org<mailto:community-finance@icann.org>>, "cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>" <cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>>, CCWG-Accountability <accountability-cross-community@icann.org<mailto:accountability-cross-community@icann.org>> Cc: Executive Team <executive-team@icann.org<mailto:executive-team@icann.org>>, COMMS Team <commsteam@icann.org<mailto:commsteam@icann.org>>, "icann-board@icann.org<mailto:icann-board@icann.org>" <icann-board@icann.org<mailto:icann-board@icann.org>>, Finance Staff <finance-staff@icann.org<mailto:finance-staff@icann.org>> Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Brett, Thank you for following up. I will make sure to respond no later than the end of this week.
Thank you.
Best, Xavier
Xavier Calvez ICANN CFO 12025 Waterfront Drive, Suite 300 Los Angeles, CA 90094 Office : +1 (310) 301 5838 Mobile : +1 (805) 312 0052 Fax : +1 (310) 957-2348
From: "Schaefer, Brett" <Brett.Schaefer@heritage.org<mailto:Brett.Schaefer@heritage.org>> Date: Tuesday, July 12, 2016 at 11:38 AM To: Xavier Calvez <xavier.calvez@icann.org<mailto:xavier.calvez@icann.org>>, "community-finance@icann.org<mailto:community-finance@icann.org>" <community-finance@icann.org<mailto:community-finance@icann.org>>, "cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>" <cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>>, CCWG-Accountability <accountability-cross-community@icann.org<mailto:accountability-cross-community@icann.org>> Cc: Executive Team <executive-team@icann.org<mailto:executive-team@icann.org>>, COMMS Team <commsteam@icann.org<mailto:commsteam@icann.org>>, "icann-board@icann.org<mailto:icann-board@icann.org>" <icann-board@icann.org<mailto:icann-board@icann.org>>, Finance Staff <finance-staff@icann.org<mailto:finance-staff@icann.org>> Subject: RE: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Xavier,
Thanks for promising to get this information to me in Helsinki. Do you have an estimate for when it will be provided?
Thanks,
Brett
Brett Schaefer Jay Kingham Senior Research Fellow in International Regulatory Affairs Margaret Thatcher Center for Freedom Davis Institute for National Security and Foreign Policy The Heritage Foundation 214 Massachusetts Avenue, NE Washington, DC 20002 202-608-6097 heritage.org<http://heritage.org/> From: Schaefer, Brett Sent: Wednesday, June 22, 2016 2:39 PM To: 'Xavier J. Calvez'; community-finance@icann.org<mailto:community-finance@icann.org>; cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>; CCWG-Accountability Cc: Executive Team; COMMS Team; icann-board@icann.org<mailto:icann-board@icann.org>; Finance Staff Subject: RE: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Xavier,
I appreciate the detailed breakdown on the legal fees That is indeed what I was looking for though I would think it useful to have the totals provided in the summary document.
However, I did not see similar information for lobbying or education/ engagement/advice in the links provided. In fact, the only specific information that I saw listed is for Jamie Hedlund at $200,000. No information on other individual firms or vendors is listed at all - only the top line budget expenditure in the summary document link originally sent around.
Could you provide that information?
Thanks,
Brett
From: Xavier J. Calvez [mailto:xavier.calvez@icann.org] Sent: Wednesday, June 22, 2016 10:43 AM To: Schaefer, Brett; community-finance@icann.org<mailto:community-finance@icann.org>; cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>; CCWG-Accountability Cc: Executive Team; COMMS Team; icann-board@icann.org<mailto:icann-board@icann.org>; Finance Staff Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Dear all, It appears that the first link in my email further below (detail of legal fees by firm) does not resolve correctly. Please use the below instead. https://www.icann.org/en/system/files/files/iana-stewardship-expenses-legal-...
Thank you.
Best, Xavier
Xavier Calvez ICANN CFO 12025 Waterfront Drive, Suite 300 Los Angeles, CA 90094 Office : +1 (310) 301 5838 Mobile : +1 (805) 312 0052 Fax : +1 (310) 957-2348
From: Xavier Calvez <xavier.calvez@icann.org<mailto:xavier.calvez@icann.org>> Date: Wednesday, June 22, 2016 at 1:01 PM To: "Schaefer, Brett" <Brett.Schaefer@heritage.org<mailto:Brett.Schaefer@heritage.org>>, "community-finance@icann.org<mailto:community-finance@icann.org>" <community-finance@icann.org<mailto:community-finance@icann.org>>, "cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>" <cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>>, CCWG-Accountability <accountability-cross-community@icann.org<mailto:accountability-cross-community@icann.org>> Cc: Executive Team <executive-team@icann.org<mailto:executive-team@icann.org>>, COMMS Team <commsteam@icann.org<mailto:commsteam@icann.org>>, "icann-board@icann.org<mailto:icann-board@icann.org>" <icann-board@icann.org<mailto:icann-board@icann.org>>, Finance Staff <finance-staff@icann.org<mailto:finance-staff@icann.org>> Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Dear Brett, Thank you for your interest and question. We currently publish the list of all vendors from whom ICANN obtain services in relation to the IANA Stewardship transition. The $$ value of the services received is aggregated by category of expenses, which you mention below (US Government affairs, Education/engagement/advice,...). This presentation is driven by 2 factors: providing clarity as to the type of services received, and abiding by the contractual obligation of confidentiality in force with each of the vendors (resulting from standard business sensitive information). We do publish however the detail of the legal advice, by firm and by working group, on this same page (see for example the link to the report of fees by firm: https://www.icann.org/en/system/files/files/iana-stewardship-expenses-legal-firm-fy16-01jun16-en.pdf)<https://www.icann.org/en/system/files/files/iana-stewardship-expenses-legal-firm-fy16-01jun16-en.pdf%29>. You will also find more information relative to ICANN's lobbying in the following blog published a few months ago. In this blog, you will also find links to the disclosure reports that ICANN makes on lobbying activities. https://www.icann.org/resources/pages/lobbying-disclosures-contributions-201.... Lastly, further information on lobbying appears in ICANN's form 990 (Schedule C, Part II-B. On page 33/73 of the FY15 form 990 published at the following link): https://www.icann.org/en/system/files/files/fy-2015-form-990-10may16-en.pdf I hope this helps. Please let me know if you have further questions.
Thank you.
Best, Xavier
Xavier Calvez ICANN CFO 12025 Waterfront Drive, Suite 300 Los Angeles, CA 90094 Office : +1 (310) 301 5838 Mobile : +1 (805) 312 0052 Fax : +1 (310) 957-2348
From: "Schaefer, Brett" <Brett.Schaefer@heritage.org<mailto:Brett.Schaefer@heritage.org>> Date: Tuesday, June 21, 2016 at 9:54 PM To: Xavier Calvez <xavier.calvez@icann.org<mailto:xavier.calvez@icann.org>>, "community-finance@icann.org<mailto:community-finance@icann.org>" <community-finance@icann.org<mailto:community-finance@icann.org>>, "cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>" <cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>>, CCWG-Accountability <accountability-cross-community@icann.org<mailto:accountability-cross-community@icann.org>> Cc: Executive Team <executive-team@icann.org<mailto:executive-team@icann.org>>, COMMS Team <commsteam@icann.org<mailto:commsteam@icann.org>>, "icann-board@icann.org<mailto:icann-board@icann.org>" <icann-board@icann.org<mailto:icann-board@icann.org>>, Finance Staff <finance-staff@icann.org<mailto:finance-staff@icann.org>> Subject: RE: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Xavier,
Thank you. Could you please provide a more detailed breakdown of legal advice, US government affairs, and educations/engagement/advice? In each category, there are multiple firms/vendors listed (https://www.icann.org/en/system/files/files/iana-stewardship-expenses-profes...). I would appreciate the amount provided to each individual vendor. If it is provided somewhere, I would appreciate you letting me know where to find it.
Much appreciated,
Brett
Brett Schaefer Jay Kingham Senior Research Fellow in International Regulatory Affairs Margaret Thatcher Center for Freedom Davis Institute for National Security and Foreign Policy The Heritage Foundation 214 Massachusetts Avenue, NE Washington, DC 20002 202-608-6097 heritage.org<http://heritage.org/> From: accountability-cross-community-bounces@icann.org<mailto:accountability-cross-community-bounces@icann.org> [mailto:accountability-cross-community-bounces@icann.org] On Behalf Of Xavier J. Calvez Sent: Saturday, June 18, 2016 12:10 AM To: community-finance@icann.org<mailto:community-finance@icann.org>; cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>; CCWG-Accountability Cc: Executive Team; COMMS Team; icann-board@icann.org<mailto:icann-board@icann.org>; Finance Staff Subject: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Dear all, You find at the link below the updated project's expenses as of FY16 Q3 (from July 2014 to March 2016). As indicated a few months ago, we have added new detailed information on the staff support with the individual positions, names and percentages of effort over the period.
https://www.icann.org/resources/pages/iana-stewardship-project-costs
Thank you.
Best, Xavier
Xavier Calvez ICANN CFO 12025 Waterfront Drive, Suite 300 Los Angeles, CA 90094 Office : +1 (310) 301 5838 Mobile : +1 (805) 312 0052 Fax : +1 (310) 957-2348
<iana-stewardship-expenses-professional-vendor-01jun16-en.pdf>
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agree as well
Ken Stubbs
On 7/19/16 20:35, Phil Corwin wrote:
+1 on this:
If these consultants are unable to acknowledge that they are ICANN consultants, this is a problem.If they are afraid to declare the amount they are receiving as consultant, I am concerned. And if they are simultaneously a consultant to a group of AC/SO entities and ICANN, then they need to declare that.
*Philip S. Corwin, Founding Principal*
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*From:*community-finance-bounces@icann.org [mailto:community-finance-bounces@icann.org] *On Behalf Of *Marilyn Cade *Sent:* Tuesday, July 19, 2016 7:04 PM *To:* Michele Neylon - Blacknight; Paul Rosenzweig *Cc:* cwg-stewardship@icann.org; CCWG-Accountability; Schaefer, Brett; icann-board@icann.org; Executive Team; COMMS Team; community-finance@icann.org; Finance Staff *Subject:* Re: [community-finance] [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
I am a consultant to an NGO, on the Board of an NGO, and I represent companies and trade associations.
Usually the confidentiality clause is about WHAT one does, and eliminating conflicts with other clients.
If these consultants are unable to acknowledge that they are ICANN consultants, this is a problem.If they are afraid to declare the amount they are receiving as consultant, I am concerned. And if they are simultaneously a consultant to a group of AC/SO entities and ICANN, then they need to declare that.
M
From: michele@blacknight.com <mailto:michele@blacknight.com> To: paul.rosenzweig@redbranchconsulting.com <mailto:paul.rosenzweig@redbranchconsulting.com> Date: Tue, 19 Jul 2016 22:30:20 +0000 CC: cwg-stewardship@icann.org <mailto:cwg-stewardship@icann.org>; commsteam@icann.org <mailto:commsteam@icann.org>; accountability-cross-community@icann.org <mailto:accountability-cross-community@icann.org>; icann-board@icann.org <mailto:icann-board@icann.org>; executive-team@icann.org <mailto:executive-team@icann.org>; Brett.Schaefer@heritage.org <mailto:Brett.Schaefer@heritage.org>; community-finance@icann.org <mailto:community-finance@icann.org>; finance-staff@icann.org <mailto:finance-staff@icann.org> Subject: Re: [community-finance] [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Xavier
Is ICANN imposing the confidentiality you refer to, or is it the vendors?
Regards
Michele
Mr Michele Neylon
Blacknight Hosting & Domains
Sent from mobile so typos and brevity are normal
On 19 Jul 2016, at 19:59, Paul Rosenzweig <paul.rosenzweig@redbranchconsulting.com <mailto:paul.rosenzweig@redbranchconsulting.com>> wrote:
Xavier May I follow up on Brett’s question by also asking whether those confidentiality provisions are part of ICANN’s standard contracts with all vendors or are they only part of the agreements with these particular vendors? Thanks Paul Paul Rosenzweig paul.rosenzweig@redbranchconsulting.com <mailto:paul.rosenzweig@redbranchconsulting.com> O: +1 (202) 547-0660 M: +1 (202) 329-9650 VOIP: +1 (202) 738-1739 www.redbranchconsulting.com <http://www.redbranchconsulting.com/> My PGP Key: http://redbranchconsulting.com/who-we-are/public-pgp-key/ *From:*accountability-cross-community-bounces@icann.org <mailto:accountability-cross-community-bounces@icann.org> [mailto:accountability-cross-community-bounces@icann.org] *On Behalf Of *Schaefer, Brett *Sent:* Tuesday, July 19, 2016 1:04 PM *To:* Xavier J. Calvez <xavier.calvez@icann.org <mailto:xavier.calvez@icann.org>> *Cc:* cwg-stewardship@icann.org <mailto:cwg-stewardship@icann.org>; CCWG-Accountability <accountability-cross-community@icann.org <mailto:accountability-cross-community@icann.org>>; icann-board@icann.org <mailto:icann-board@icann.org>; Executive Team <executive-team@icann.org <mailto:executive-team@icann.org>>; COMMS Team <commsteam@icann.org <mailto:commsteam@icann.org>>; community-finance@icann.org <mailto:community-finance@icann.org>; Finance Staff <finance-staff@icann.org <mailto:finance-staff@icann.org>> *Subject:* Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update Xavier, Are you saying that ICANN’s contracts for Education/Engagement/Advice with (1) Albright Stonebridge Group LLC, (2) Edelman, (3) Interface Media, (4) Rice Hadley Gates LLC, (5) Summit Strategies International LLC, (6) WBC Global, and (7) Wiley Rein LLP each contain confidentiality provisions that prohibit ICANN from disclosing the specific amount paid to each of these individual vendors? Does this only apply to the CCWG and the public or does it also apply to other parts of the ICANN community, specifically the Supporting Organizations and Advisory Committees? Thank you for the link on lobbying disclosures. For those who are interested, here are ICANN’s lobbying expenditures based on the disclosure website of the U.S. Congress. <image001.png> I do have a couple of additional questions. Would this source capture lobbying exclusively directed toward the US Executive Branch? Has ICANN spent any funds during this period lobbying governments other than the US? Thank you, Brett ------------------------------------------------------------------------ *Brett* *Schaefer*/ Jay Kingham Senior Research Fellow in International Regulatory Affairs Margaret Thatcher Center for Freedom Davis Institute for National Security and Foreign Policy/ The Heritage Foundation 214 Massachusetts Avenue, NE Washington, DC 20002 202-608-6097 heritage.org <http://heritage.org/> *From:*Xavier J. Calvez [mailto:xavier.calvez@icann.org] *Sent:* Monday, July 18, 2016 6:30 PM *To:* Schaefer, Brett *Cc:* community-finance@icann.org <mailto:community-finance@icann.org>; cwg-stewardship@icann.org <mailto:cwg-stewardship@icann.org>; CCWG-Accountability; Executive Team; COMMS Team; icann-board@icann.org <mailto:icann-board@icann.org>; Finance Staff *Subject:* Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update Brett, Yes, the information I provided in my latest email had been included in some previous communication. I just wanted to make sure you had a clear visibility on this information, which provides for (i) categories of expenses, (ii) the individual names of the vendors grouped for each category, and (iii) the total value of the expenses for each category. With respect to the contractual obligations of confidentiality in commercial contracts, ICANN is subject to them, like all business organizations. That said, we disclose what we can consistent with standard business confidentiality provisions in vendor contracts. We cannot disclose the specific amount of spend with each vendor but we were able to disclose the names of the service providers engaged. Regarding the lobbying expenses, as you are aware, both organizations that hire lobbyists and firms that lobby on behalf of organizations are required under U.S. federal law to file lobbying disclosure reports. In addition to ICANN’s quarterly lobbying disclosures posted on our website, you can find the amounts ICANN has paid to individual outside lobbying firms at http://disclosures.house.gov/ld/ldsearch.aspx. I hope this helps and clarifies. Thank you. Best, Xavier Xavier Calvez ICANN CFO 12025 Waterfront Drive, Suite 300 Los Angeles, CA 90094 Office : +1 (310) 301 5838 Mobile : +1 (805) 312 0052 Fax : +1 (310) 957-2348 *From: *"Schaefer, Brett" <Brett.Schaefer@heritage.org <mailto:Brett.Schaefer@heritage.org>> *Date: *Thursday, July 14, 2016 at 7:07 AM *To: *Xavier Calvez <xavier.calvez@icann.org <mailto:xavier.calvez@icann.org>> *Cc: *"community-finance@icann.org <mailto:community-finance@icann.org>" <community-finance@icann.org <mailto:community-finance@icann.org>>, "cwg-stewardship@icann.org <mailto:cwg-stewardship@icann.org>" <cwg-stewardship@icann.org <mailto:cwg-stewardship@icann.org>>, CCWG-Accountability <accountability-cross-community@icann.org <mailto:accountability-cross-community@icann.org>>, Executive Team <executive-team@icann.org <mailto:executive-team@icann.org>>, COMMS Team <commsteam@icann.org <mailto:commsteam@icann.org>>, "icann-board@icann.org <mailto:icann-board@icann.org>" <icann-board@icann.org <mailto:icann-board@icann.org>>, Finance Staff <finance-staff@icann.org <mailto:finance-staff@icann.org>> *Subject: *Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update Xavier, This is pretty much the same information that was provided before. I am asking for a breakdown of how much was paid to each vender in the lobbying category (Akin Gump, etc.) and the education/engagement/advice category (Albright Stoneridge, etc.). Thank you, Brett On Jul 13, 2016, at 8:13 PM, Xavier J. Calvez <xavier.calvez@icann.org <mailto:xavier.calvez@icann.org>> wrote: Dear Brett, In response to your question listed below on 22 June: the detailed information provided on Other professional fees (other than legal fees, detailed in a separate section of the “Transition project cost” expense webpage, on the IANA Stewardship Transition webpage) can be found in the section called “Professional Services – Expenses Breakdown”. Within this section, you will find a link to a document that provides the list of Professional Services (other than legal fees) incurred, by category, with the names of the vendors, and the total amount of expenditures for the category. This link is copied below and was provided in my first answer to your question. I have also attached the file to which this link refers in case the link would not work for you. https://www.icann.org/en/system/files/files/iana-stewardship-expenses-professional-vendor-01jun16-en.pdf If this not addressing your question, please let me know. Thank you. Best, Xavier Xavier Calvez ICANN CFO 12025 Waterfront Drive, Suite 300 Los Angeles, CA 90094 Office : +1 (310) 301 5838 Mobile : +1 (805) 312 0052 Fax : +1 (310) 957-2348 ------------------------------------------------------------------------ *Brett* *Schaefer*/ Jay Kingham Senior Research Fellow in International Regulatory Affairs Margaret Thatcher Center for Freedom Davis Institute for National Security and Foreign Policy/ The Heritage Foundation 214 Massachusetts Avenue, NE Washington, DC 20002 202-608-6097 heritage.org <http://heritage.org/> *From: *Xavier Calvez <xavier.calvez@icann.org <mailto:xavier.calvez@icann.org>> *Date: *Tuesday, July 12, 2016 at 9:45 AM *To: *"Schaefer, Brett" <Brett.Schaefer@heritage.org <mailto:Brett.Schaefer@heritage.org>>, "community-finance@icann.org <mailto:community-finance@icann.org>" <community-finance@icann.org <mailto:community-finance@icann.org>>, "cwg-stewardship@icann.org <mailto:cwg-stewardship@icann.org>" <cwg-stewardship@icann.org <mailto:cwg-stewardship@icann.org>>, CCWG-Accountability <accountability-cross-community@icann.org <mailto:accountability-cross-community@icann.org>> *Cc: *Executive Team <executive-team@icann.org <mailto:executive-team@icann.org>>, COMMS Team <commsteam@icann.org <mailto:commsteam@icann.org>>, "icann-board@icann.org <mailto:icann-board@icann.org>" <icann-board@icann.org <mailto:icann-board@icann.org>>, Finance Staff <finance-staff@icann.org <mailto:finance-staff@icann.org>> *Subject: *Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update Brett, Thank you for following up. I will make sure to respond no later than the end of this week. Thank you. Best, Xavier Xavier Calvez ICANN CFO 12025 Waterfront Drive, Suite 300 Los Angeles, CA 90094 Office : +1 (310) 301 5838 Mobile : +1 (805) 312 0052 Fax : +1 (310) 957-2348 *From: *"Schaefer, Brett" <Brett.Schaefer@heritage.org <mailto:Brett.Schaefer@heritage.org>> *Date: *Tuesday, July 12, 2016 at 11:38 AM *To: *Xavier Calvez <xavier.calvez@icann.org <mailto:xavier.calvez@icann.org>>, "community-finance@icann.org <mailto:community-finance@icann.org>" <community-finance@icann.org <mailto:community-finance@icann.org>>, "cwg-stewardship@icann.org <mailto:cwg-stewardship@icann.org>" <cwg-stewardship@icann.org <mailto:cwg-stewardship@icann.org>>, CCWG-Accountability <accountability-cross-community@icann.org <mailto:accountability-cross-community@icann.org>> *Cc: *Executive Team <executive-team@icann.org <mailto:executive-team@icann.org>>, COMMS Team <commsteam@icann.org <mailto:commsteam@icann.org>>, "icann-board@icann.org <mailto:icann-board@icann.org>" <icann-board@icann.org <mailto:icann-board@icann.org>>, Finance Staff <finance-staff@icann.org <mailto:finance-staff@icann.org>> *Subject: *RE: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update Xavier, Thanks for promising to get this information to me in Helsinki. Do you have an estimate for when it will be provided? Thanks, Brett ------------------------------------------------------------------------ *Brett* *Schaefer*/ Jay Kingham Senior Research Fellow in International Regulatory Affairs Margaret Thatcher Center for Freedom Davis Institute for National Security and Foreign Policy/ The Heritage Foundation 214 Massachusetts Avenue, NE Washington, DC 20002 202-608-6097 heritage.org <http://heritage.org/> *From:*Schaefer, Brett *Sent:* Wednesday, June 22, 2016 2:39 PM *To:* 'Xavier J. Calvez'; community-finance@icann.org <mailto:community-finance@icann.org>; cwg-stewardship@icann.org <mailto:cwg-stewardship@icann.org>; CCWG-Accountability *Cc:* Executive Team; COMMS Team; icann-board@icann.org <mailto:icann-board@icann.org>; Finance Staff *Subject:* RE: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update Xavier, I appreciate the detailed breakdown on the legal fees That is indeed what I was looking for though I would think it useful to have the totals provided in the summary document. However, I did not see similar information for lobbying or education/ engagement/advice in the links provided. In fact, the only specific information that I saw listed is for Jamie Hedlund at $200,000. No information on other individual firms or vendors is listed at all – only the top line budget expenditure in the summary document link originally sent around. Could you provide that information? Thanks, Brett *From:*Xavier J. Calvez [mailto:xavier.calvez@icann.org] *Sent:* Wednesday, June 22, 2016 10:43 AM *To:* Schaefer, Brett; community-finance@icann.org <mailto:community-finance@icann.org>; cwg-stewardship@icann.org <mailto:cwg-stewardship@icann.org>; CCWG-Accountability *Cc:* Executive Team; COMMS Team; icann-board@icann.org <mailto:icann-board@icann.org>; Finance Staff *Subject:* Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update Dear all, It appears that the first link in my email further below (detail of legal fees by firm) does not resolve correctly. Please use the below instead. https://www.icann.org/en/system/files/files/iana-stewardship-expenses-legal-firm-fy16-01jun16-en.pdf Thank you. Best, Xavier Xavier Calvez ICANN CFO 12025 Waterfront Drive, Suite 300 Los Angeles, CA 90094 Office : +1 (310) 301 5838 Mobile : +1 (805) 312 0052 Fax : +1 (310) 957-2348 *From: *Xavier Calvez <xavier.calvez@icann.org <mailto:xavier.calvez@icann.org>> *Date: *Wednesday, June 22, 2016 at 1:01 PM *To: *"Schaefer, Brett" <Brett.Schaefer@heritage.org <mailto:Brett.Schaefer@heritage.org>>, "community-finance@icann.org <mailto:community-finance@icann.org>" <community-finance@icann.org <mailto:community-finance@icann.org>>, "cwg-stewardship@icann.org <mailto:cwg-stewardship@icann.org>" <cwg-stewardship@icann.org <mailto:cwg-stewardship@icann.org>>, CCWG-Accountability <accountability-cross-community@icann.org <mailto:accountability-cross-community@icann.org>> *Cc: *Executive Team <executive-team@icann.org <mailto:executive-team@icann.org>>, COMMS Team <commsteam@icann.org <mailto:commsteam@icann.org>>, "icann-board@icann.org <mailto:icann-board@icann.org>" <icann-board@icann.org <mailto:icann-board@icann.org>>, Finance Staff <finance-staff@icann.org <mailto:finance-staff@icann.org>> *Subject: *Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update Dear Brett, Thank you for your interest and question. We currently publish the list of all vendors from whom ICANN obtain services in relation to the IANA Stewardship transition. The $$ value of the services received is aggregated by category of expenses, which you mention below (US Government affairs, Education/engagement/advice,…). This presentation is driven by 2 factors: providing clarity as to the type of services received, and abiding by the contractual obligation of confidentiality in force with each of the vendors (resulting from standard business sensitive information). We do publish however the detail of the legal advice, by firm and by working group, on this same page (see for example the link to the report of fees by firm: _https://www.icann.org/en/system/files/files/iana-stewardship-expenses-legal-firm-fy16-01jun16-en.pdf) <https://www.icann.org/en/system/files/files/iana-stewardship-expenses-legal-firm-fy16-01jun16-en.pdf%29>_. You will also find more information relative to ICANN’s lobbying in the following blog published a few months ago. In this blog, you will also find links to the disclosure reports that ICANN makes on lobbying activities. _https://www.icann.org/resources/pages/lobbying-disclosures-contributions-2015-11-18-en._ Lastly, further information on lobbying appears in ICANN’s form 990 (Schedule C, Part II-B. On page 33/73 of the FY15 form 990 published at the following link): https://www.icann.org/en/system/files/files/fy-2015-form-990-10may16-en.pdf I hope this helps. Please let me know if you have further questions. Thank you. Best, Xavier Xavier Calvez ICANN CFO 12025 Waterfront Drive, Suite 300 Los Angeles, CA 90094 Office : +1 (310) 301 5838 Mobile : +1 (805) 312 0052 Fax : +1 (310) 957-2348 *From: *"Schaefer, Brett" <Brett.Schaefer@heritage.org <mailto:Brett.Schaefer@heritage.org>> *Date: *Tuesday, June 21, 2016 at 9:54 PM *To: *Xavier Calvez <xavier.calvez@icann.org <mailto:xavier.calvez@icann.org>>, "community-finance@icann.org <mailto:community-finance@icann.org>" <community-finance@icann.org <mailto:community-finance@icann.org>>, "cwg-stewardship@icann.org <mailto:cwg-stewardship@icann.org>" <cwg-stewardship@icann.org <mailto:cwg-stewardship@icann.org>>, CCWG-Accountability <accountability-cross-community@icann.org <mailto:accountability-cross-community@icann.org>> *Cc: *Executive Team <executive-team@icann.org <mailto:executive-team@icann.org>>, COMMS Team <commsteam@icann.org <mailto:commsteam@icann.org>>, "icann-board@icann.org <mailto:icann-board@icann.org>" <icann-board@icann.org <mailto:icann-board@icann.org>>, Finance Staff <finance-staff@icann.org <mailto:finance-staff@icann.org>> *Subject: *RE: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update Xavier, Thank you. Could you please provide a more detailed breakdown of legal advice, US government affairs, and educations/engagement/advice? In each category, there are multiple firms/vendors listed (https://www.icann.org/en/system/files/files/iana-stewardship-expenses-professional-vendor-01jun16-en.pdf). I would appreciate the amount provided to each individual vendor. If it is provided somewhere, I would appreciate you letting me know where to find it. Much appreciated, Brett ------------------------------------------------------------------------ *Brett* *Schaefer*/ Jay Kingham Senior Research Fellow in International Regulatory Affairs Margaret Thatcher Center for Freedom Davis Institute for National Security and Foreign Policy/ The Heritage Foundation 214 Massachusetts Avenue, NE Washington, DC 20002 202-608-6097 heritage.org <http://heritage.org/> *From:*accountability-cross-community-bounces@icann.org <mailto:accountability-cross-community-bounces@icann.org> [mailto:accountability-cross-community-bounces@icann.org] *On Behalf Of *Xavier J. Calvez *Sent:* Saturday, June 18, 2016 12:10 AM *To:* community-finance@icann.org <mailto:community-finance@icann.org>; cwg-stewardship@icann.org <mailto:cwg-stewardship@icann.org>; CCWG-Accountability *Cc:* Executive Team; COMMS Team; icann-board@icann.org <mailto:icann-board@icann.org>; Finance Staff *Subject:* [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update Dear all, You find at the link below the updated project’s expenses as of FY16 Q3 (from July 2014 to March 2016). As indicated a few months ago, we have added new detailed information on the staff support with the individual positions, names and percentages of effort over the period. _https://www.icann.org/resources/pages/iana-stewardship-project-costs_ Thank you. Best, Xavier Xavier Calvez ICANN CFO 12025 Waterfront Drive, Suite 300 Los Angeles, CA 90094 Office : +1 (310) 301 5838 Mobile : +1 (805) 312 0052 Fax : +1 (310) 957-2348 <iana-stewardship-expenses-professional-vendor-01jun16-en.pdf> _______________________________________________ community-finance mailing list community-finance@icann.org <mailto:community-finance@icann.org> https://mm.icann.org/mailman/listinfo/community-finance_______________________________________________ community-finance mailing list community-finance@icann.org <mailto:community-finance@icann.org> https://mm.icann.org/mailman/listinfo/community-finance
community-finance mailing list community-finance@icann.org https://mm.icann.org/mailman/listinfo/community-finance
This is a good example of why I thought that 'Transparency' should have been in Work Stream 1 instead of Work Stream 2 but it is way too late for that now. I think we just need to seriously focus on the 'Transparency' work in Work Stream 2.
Chuck
From: community-finance-bounces@icann.org [mailto:community-finance-bounces@icann.org] On Behalf Of Marilyn Cade Sent: Tuesday, July 19, 2016 7:04 PM To: Michele Neylon - Blacknight; Paul Rosenzweig Cc: cwg-stewardship@icann.org; CCWG-Accountability; Schaefer, Brett; icann-board@icann.org; Executive Team; COMMS Team; community-finance@icann.org; Finance Staff Subject: Re: [community-finance] [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
I am a consultant to an NGO, on the Board of an NGO, and I represent companies and trade associations.
Usually the confidentiality clause is about WHAT one does, and eliminating conflicts with other clients.
If these consultants are unable to acknowledge that they are ICANN consultants, this is a problem.If they are afraid to declare the amount they are receiving as consultant, I am concerned. And if they are simultaneously a consultant to a group of AC/SO entities and ICANN, then they need to declare that.
M
From: michele@blacknight.com<mailto:michele@blacknight.com> To: paul.rosenzweig@redbranchconsulting.com<mailto:paul.rosenzweig@redbranchconsulting.com> Date: Tue, 19 Jul 2016 22:30:20 +0000 CC: cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>; commsteam@icann.org<mailto:commsteam@icann.org>; accountability-cross-community@icann.org<mailto:accountability-cross-community@icann.org>; icann-board@icann.org<mailto:icann-board@icann.org>; executive-team@icann.org<mailto:executive-team@icann.org>; Brett.Schaefer@heritage.org<mailto:Brett.Schaefer@heritage.org>; community-finance@icann.org<mailto:community-finance@icann.org>; finance-staff@icann.org<mailto:finance-staff@icann.org> Subject: Re: [community-finance] [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update Xavier
Is ICANN imposing the confidentiality you refer to, or is it the vendors?
Regards
Michele
Mr Michele Neylon Blacknight Hosting & Domains http://www.blacknight.host/ http://www.mneylon.social Sent from mobile so typos and brevity are normal
On 19 Jul 2016, at 19:59, Paul Rosenzweig <paul.rosenzweig@redbranchconsulting.com<mailto:paul.rosenzweig@redbranchconsulting.com>> wrote: Xavier
May I follow up on Brett's question by also asking whether those confidentiality provisions are part of ICANN's standard contracts with all vendors or are they only part of the agreements with these particular vendors?
Thanks Paul
Paul Rosenzweig paul.rosenzweig@redbranchconsulting.com<mailto:paul.rosenzweig@redbranchconsulting.com> O: +1 (202) 547-0660 M: +1 (202) 329-9650 VOIP: +1 (202) 738-1739 www.redbranchconsulting.com<http://www.redbranchconsulting.com/> My PGP Key: http://redbranchconsulting.com/who-we-are/public-pgp-key/
From: accountability-cross-community-bounces@icann.org<mailto:accountability-cross-community-bounces@icann.org> [mailto:accountability-cross-community-bounces@icann.org] On Behalf Of Schaefer, Brett Sent: Tuesday, July 19, 2016 1:04 PM To: Xavier J. Calvez <xavier.calvez@icann.org<mailto:xavier.calvez@icann.org>> Cc: cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>; CCWG-Accountability <accountability-cross-community@icann.org<mailto:accountability-cross-community@icann.org>>; icann-board@icann.org<mailto:icann-board@icann.org>; Executive Team <executive-team@icann.org<mailto:executive-team@icann.org>>; COMMS Team <commsteam@icann.org<mailto:commsteam@icann.org>>; community-finance@icann.org<mailto:community-finance@icann.org>; Finance Staff <finance-staff@icann.org<mailto:finance-staff@icann.org>> Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Xavier,
Are you saying that ICANN's contracts for Education/Engagement/Advice with (1) Albright Stonebridge Group LLC, (2) Edelman, (3) Interface Media, (4) Rice Hadley Gates LLC, (5) Summit Strategies International LLC, (6) WBC Global, and (7) Wiley Rein LLP each contain confidentiality provisions that prohibit ICANN from disclosing the specific amount paid to each of these individual vendors?
Does this only apply to the CCWG and the public or does it also apply to other parts of the ICANN community, specifically the Supporting Organizations and Advisory Committees?
Thank you for the link on lobbying disclosures. For those who are interested, here are ICANN's lobbying expenditures based on the disclosure website of the U.S. Congress.
<image001.png>
I do have a couple of additional questions. Would this source capture lobbying exclusively directed toward the US Executive Branch? Has ICANN spent any funds during this period lobbying governments other than the US?
Thank you,
Brett
Brett Schaefer Jay Kingham Senior Research Fellow in International Regulatory Affairs Margaret Thatcher Center for Freedom Davis Institute for National Security and Foreign Policy The Heritage Foundation 214 Massachusetts Avenue, NE Washington, DC 20002 202-608-6097 heritage.org<http://heritage.org/> From: Xavier J. Calvez [mailto:xavier.calvez@icann.org] Sent: Monday, July 18, 2016 6:30 PM To: Schaefer, Brett Cc: community-finance@icann.org<mailto:community-finance@icann.org>; cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>; CCWG-Accountability; Executive Team; COMMS Team; icann-board@icann.org<mailto:icann-board@icann.org>; Finance Staff Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Brett, Yes, the information I provided in my latest email had been included in some previous communication. I just wanted to make sure you had a clear visibility on this information, which provides for (i) categories of expenses, (ii) the individual names of the vendors grouped for each category, and (iii) the total value of the expenses for each category. With respect to the contractual obligations of confidentiality in commercial contracts, ICANN is subject to them, like all business organizations. That said, we disclose what we can consistent with standard business confidentiality provisions in vendor contracts. We cannot disclose the specific amount of spend with each vendor but we were able to disclose the names of the service providers engaged. Regarding the lobbying expenses, as you are aware, both organizations that hire lobbyists and firms that lobby on behalf of organizations are required under U.S. federal law to file lobbying disclosure reports. In addition to ICANN's quarterly lobbying disclosures posted on our website, you can find the amounts ICANN has paid to individual outside lobbying firms at http://disclosures.house.gov/ld/ldsearch.aspx. I hope this helps and clarifies.
Thank you.
Best, Xavier
Xavier Calvez ICANN CFO 12025 Waterfront Drive, Suite 300 Los Angeles, CA 90094 Office : +1 (310) 301 5838 Mobile : +1 (805) 312 0052 Fax : +1 (310) 957-2348
From: "Schaefer, Brett" <Brett.Schaefer@heritage.org<mailto:Brett.Schaefer@heritage.org>> Date: Thursday, July 14, 2016 at 7:07 AM To: Xavier Calvez <xavier.calvez@icann.org<mailto:xavier.calvez@icann.org>> Cc: "community-finance@icann.org<mailto:community-finance@icann.org>" <community-finance@icann.org<mailto:community-finance@icann.org>>, "cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>" <cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>>, CCWG-Accountability <accountability-cross-community@icann.org<mailto:accountability-cross-community@icann.org>>, Executive Team <executive-team@icann.org<mailto:executive-team@icann.org>>, COMMS Team <commsteam@icann.org<mailto:commsteam@icann.org>>, "icann-board@icann.org<mailto:icann-board@icann.org>" <icann-board@icann.org<mailto:icann-board@icann.org>>, Finance Staff <finance-staff@icann.org<mailto:finance-staff@icann.org>> Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Xavier,
This is pretty much the same information that was provided before. I am asking for a breakdown of how much was paid to each vender in the lobbying category (Akin Gump, etc.) and the education/engagement/advice category (Albright Stoneridge, etc.).
Thank you,
Brett
On Jul 13, 2016, at 8:13 PM, Xavier J. Calvez <xavier.calvez@icann.org<mailto:xavier.calvez@icann.org>> wrote: Dear Brett, In response to your question listed below on 22 June: the detailed information provided on Other professional fees (other than legal fees, detailed in a separate section of the "Transition project cost" expense webpage, on the IANA Stewardship Transition webpage) can be found in the section called "Professional Services - Expenses Breakdown". Within this section, you will find a link to a document that provides the list of Professional Services (other than legal fees) incurred, by category, with the names of the vendors, and the total amount of expenditures for the category. This link is copied below and was provided in my first answer to your question. I have also attached the file to which this link refers in case the link would not work for you. https://www.icann.org/en/system/files/files/iana-stewardship-expenses-profes... If this not addressing your question, please let me know.
Thank you.
Best, Xavier
Xavier Calvez ICANN CFO 12025 Waterfront Drive, Suite 300 Los Angeles, CA 90094 Office : +1 (310) 301 5838 Mobile : +1 (805) 312 0052 Fax : +1 (310) 957-2348
Brett Schaefer Jay Kingham Senior Research Fellow in International Regulatory Affairs Margaret Thatcher Center for Freedom Davis Institute for National Security and Foreign Policy The Heritage Foundation 214 Massachusetts Avenue, NE Washington, DC 20002 202-608-6097 heritage.org<http://heritage.org/> From: Xavier Calvez <xavier.calvez@icann.org<mailto:xavier.calvez@icann.org>> Date: Tuesday, July 12, 2016 at 9:45 AM To: "Schaefer, Brett" <Brett.Schaefer@heritage.org<mailto:Brett.Schaefer@heritage.org>>, "community-finance@icann.org<mailto:community-finance@icann.org>" <community-finance@icann.org<mailto:community-finance@icann.org>>, "cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>" <cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>>, CCWG-Accountability <accountability-cross-community@icann.org<mailto:accountability-cross-community@icann.org>> Cc: Executive Team <executive-team@icann.org<mailto:executive-team@icann.org>>, COMMS Team <commsteam@icann.org<mailto:commsteam@icann.org>>, "icann-board@icann.org<mailto:icann-board@icann.org>" <icann-board@icann.org<mailto:icann-board@icann.org>>, Finance Staff <finance-staff@icann.org<mailto:finance-staff@icann.org>> Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Brett, Thank you for following up. I will make sure to respond no later than the end of this week.
Thank you.
Best, Xavier
Xavier Calvez ICANN CFO 12025 Waterfront Drive, Suite 300 Los Angeles, CA 90094 Office : +1 (310) 301 5838 Mobile : +1 (805) 312 0052 Fax : +1 (310) 957-2348
From: "Schaefer, Brett" <Brett.Schaefer@heritage.org<mailto:Brett.Schaefer@heritage.org>> Date: Tuesday, July 12, 2016 at 11:38 AM To: Xavier Calvez <xavier.calvez@icann.org<mailto:xavier.calvez@icann.org>>, "community-finance@icann.org<mailto:community-finance@icann.org>" <community-finance@icann.org<mailto:community-finance@icann.org>>, "cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>" <cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>>, CCWG-Accountability <accountability-cross-community@icann.org<mailto:accountability-cross-community@icann.org>> Cc: Executive Team <executive-team@icann.org<mailto:executive-team@icann.org>>, COMMS Team <commsteam@icann.org<mailto:commsteam@icann.org>>, "icann-board@icann.org<mailto:icann-board@icann.org>" <icann-board@icann.org<mailto:icann-board@icann.org>>, Finance Staff <finance-staff@icann.org<mailto:finance-staff@icann.org>> Subject: RE: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Xavier,
Thanks for promising to get this information to me in Helsinki. Do you have an estimate for when it will be provided?
Thanks,
Brett
Brett Schaefer Jay Kingham Senior Research Fellow in International Regulatory Affairs Margaret Thatcher Center for Freedom Davis Institute for National Security and Foreign Policy The Heritage Foundation 214 Massachusetts Avenue, NE Washington, DC 20002 202-608-6097 heritage.org<http://heritage.org/> From: Schaefer, Brett Sent: Wednesday, June 22, 2016 2:39 PM To: 'Xavier J. Calvez'; community-finance@icann.org<mailto:community-finance@icann.org>; cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>; CCWG-Accountability Cc: Executive Team; COMMS Team; icann-board@icann.org<mailto:icann-board@icann.org>; Finance Staff Subject: RE: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Xavier,
I appreciate the detailed breakdown on the legal fees That is indeed what I was looking for though I would think it useful to have the totals provided in the summary document.
However, I did not see similar information for lobbying or education/ engagement/advice in the links provided. In fact, the only specific information that I saw listed is for Jamie Hedlund at $200,000. No information on other individual firms or vendors is listed at all - only the top line budget expenditure in the summary document link originally sent around.
Could you provide that information?
Thanks,
Brett
From: Xavier J. Calvez [mailto:xavier.calvez@icann.org] Sent: Wednesday, June 22, 2016 10:43 AM To: Schaefer, Brett; community-finance@icann.org<mailto:community-finance@icann.org>; cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>; CCWG-Accountability Cc: Executive Team; COMMS Team; icann-board@icann.org<mailto:icann-board@icann.org>; Finance Staff Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Dear all, It appears that the first link in my email further below (detail of legal fees by firm) does not resolve correctly. Please use the below instead. https://www.icann.org/en/system/files/files/iana-stewardship-expenses-legal-...
Thank you.
Best, Xavier
Xavier Calvez ICANN CFO 12025 Waterfront Drive, Suite 300 Los Angeles, CA 90094 Office : +1 (310) 301 5838 Mobile : +1 (805) 312 0052 Fax : +1 (310) 957-2348
From: Xavier Calvez <xavier.calvez@icann.org<mailto:xavier.calvez@icann.org>> Date: Wednesday, June 22, 2016 at 1:01 PM To: "Schaefer, Brett" <Brett.Schaefer@heritage.org<mailto:Brett.Schaefer@heritage.org>>, "community-finance@icann.org<mailto:community-finance@icann.org>" <community-finance@icann.org<mailto:community-finance@icann.org>>, "cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>" <cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>>, CCWG-Accountability <accountability-cross-community@icann.org<mailto:accountability-cross-community@icann.org>> Cc: Executive Team <executive-team@icann.org<mailto:executive-team@icann.org>>, COMMS Team <commsteam@icann.org<mailto:commsteam@icann.org>>, "icann-board@icann.org<mailto:icann-board@icann.org>" <icann-board@icann.org<mailto:icann-board@icann.org>>, Finance Staff <finance-staff@icann.org<mailto:finance-staff@icann.org>> Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Dear Brett, Thank you for your interest and question. We currently publish the list of all vendors from whom ICANN obtain services in relation to the IANA Stewardship transition. The $$ value of the services received is aggregated by category of expenses, which you mention below (US Government affairs, Education/engagement/advice,...). This presentation is driven by 2 factors: providing clarity as to the type of services received, and abiding by the contractual obligation of confidentiality in force with each of the vendors (resulting from standard business sensitive information). We do publish however the detail of the legal advice, by firm and by working group, on this same page (see for example the link to the report of fees by firm: https://www.icann.org/en/system/files/files/iana-stewardship-expenses-legal-firm-fy16-01jun16-en.pdf)<https://www.icann.org/en/system/files/files/iana-stewardship-expenses-legal-firm-fy16-01jun16-en.pdf%29>. You will also find more information relative to ICANN's lobbying in the following blog published a few months ago. In this blog, you will also find links to the disclosure reports that ICANN makes on lobbying activities. https://www.icann.org/resources/pages/lobbying-disclosures-contributions-201.... Lastly, further information on lobbying appears in ICANN's form 990 (Schedule C, Part II-B. On page 33/73 of the FY15 form 990 published at the following link): https://www.icann.org/en/system/files/files/fy-2015-form-990-10may16-en.pdf I hope this helps. Please let me know if you have further questions.
Thank you.
Best, Xavier
Xavier Calvez ICANN CFO 12025 Waterfront Drive, Suite 300 Los Angeles, CA 90094 Office : +1 (310) 301 5838 Mobile : +1 (805) 312 0052 Fax : +1 (310) 957-2348
From: "Schaefer, Brett" <Brett.Schaefer@heritage.org<mailto:Brett.Schaefer@heritage.org>> Date: Tuesday, June 21, 2016 at 9:54 PM To: Xavier Calvez <xavier.calvez@icann.org<mailto:xavier.calvez@icann.org>>, "community-finance@icann.org<mailto:community-finance@icann.org>" <community-finance@icann.org<mailto:community-finance@icann.org>>, "cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>" <cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>>, CCWG-Accountability <accountability-cross-community@icann.org<mailto:accountability-cross-community@icann.org>> Cc: Executive Team <executive-team@icann.org<mailto:executive-team@icann.org>>, COMMS Team <commsteam@icann.org<mailto:commsteam@icann.org>>, "icann-board@icann.org<mailto:icann-board@icann.org>" <icann-board@icann.org<mailto:icann-board@icann.org>>, Finance Staff <finance-staff@icann.org<mailto:finance-staff@icann.org>> Subject: RE: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Xavier,
Thank you. Could you please provide a more detailed breakdown of legal advice, US government affairs, and educations/engagement/advice? In each category, there are multiple firms/vendors listed (https://www.icann.org/en/system/files/files/iana-stewardship-expenses-profes...). I would appreciate the amount provided to each individual vendor. If it is provided somewhere, I would appreciate you letting me know where to find it.
Much appreciated,
Brett
Brett Schaefer Jay Kingham Senior Research Fellow in International Regulatory Affairs Margaret Thatcher Center for Freedom Davis Institute for National Security and Foreign Policy The Heritage Foundation 214 Massachusetts Avenue, NE Washington, DC 20002 202-608-6097 heritage.org<http://heritage.org/> From: accountability-cross-community-bounces@icann.org<mailto:accountability-cross-community-bounces@icann.org> [mailto:accountability-cross-community-bounces@icann.org] On Behalf Of Xavier J. Calvez Sent: Saturday, June 18, 2016 12:10 AM To: community-finance@icann.org<mailto:community-finance@icann.org>; cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>; CCWG-Accountability Cc: Executive Team; COMMS Team; icann-board@icann.org<mailto:icann-board@icann.org>; Finance Staff Subject: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Dear all, You find at the link below the updated project's expenses as of FY16 Q3 (from July 2014 to March 2016). As indicated a few months ago, we have added new detailed information on the staff support with the individual positions, names and percentages of effort over the period.
https://www.icann.org/resources/pages/iana-stewardship-project-costs
Thank you.
Best, Xavier
Xavier Calvez ICANN CFO 12025 Waterfront Drive, Suite 300 Los Angeles, CA 90094 Office : +1 (310) 301 5838 Mobile : +1 (805) 312 0052 Fax : +1 (310) 957-2348
<iana-stewardship-expenses-professional-vendor-01jun16-en.pdf>
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Agree totally with you on the importance of this work in WS2 Chuck...
*Cheryl Langdon-O**rr ... *(CLO)
about.me/cheryl.LangdonOrr [image: Cheryl Langdon-Orr on about.me] <http://about.me/cheryl.LangdonOrr>
On 20 July 2016 at 12:48, Gomes, Chuck <cgomes@verisign.com> wrote:
This is a good example of why I thought that ‘Transparency’ should have been in Work Stream 1 instead of Work Stream 2 but it is way too late for that now. I think we just need to seriously focus on the ‘Transparency’ work in Work Stream 2.
Chuck
*From:* community-finance-bounces@icann.org [mailto: community-finance-bounces@icann.org] *On Behalf Of *Marilyn Cade *Sent:* Tuesday, July 19, 2016 7:04 PM *To:* Michele Neylon - Blacknight; Paul Rosenzweig *Cc:* cwg-stewardship@icann.org; CCWG-Accountability; Schaefer, Brett; icann-board@icann.org; Executive Team; COMMS Team; community-finance@icann.org; Finance Staff *Subject:* Re: [community-finance] [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
I am a consultant to an NGO, on the Board of an NGO, and I represent companies and trade associations.
Usually the confidentiality clause is about WHAT one does, and eliminating conflicts with other clients.
If these consultants are unable to acknowledge that they are ICANN consultants, this is a problem.If they are afraid to declare the amount they are receiving as consultant, I am concerned. And if they are simultaneously a consultant to a group of AC/SO entities and ICANN, then they need to declare that.
M
From: michele@blacknight.com To: paul.rosenzweig@redbranchconsulting.com Date: Tue, 19 Jul 2016 22:30:20 +0000 CC: cwg-stewardship@icann.org; commsteam@icann.org; accountability-cross-community@icann.org; icann-board@icann.org; executive-team@icann.org; Brett.Schaefer@heritage.org; community-finance@icann.org; finance-staff@icann.org Subject: Re: [community-finance] [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Xavier
Is ICANN imposing the confidentiality you refer to, or is it the vendors?
Regards
Michele
Mr Michele Neylon
Blacknight Hosting & Domains
Sent from mobile so typos and brevity are normal
On 19 Jul 2016, at 19:59, Paul Rosenzweig < paul.rosenzweig@redbranchconsulting.com> wrote:
Xavier
May I follow up on Brett’s question by also asking whether those confidentiality provisions are part of ICANN’s standard contracts with all vendors or are they only part of the agreements with these particular vendors?
Thanks
Paul
Paul Rosenzweig
paul.rosenzweig@redbranchconsulting.com
O: +1 (202) 547-0660
M: +1 (202) 329-9650
VOIP: +1 (202) 738-1739
www.redbranchconsulting.com
My PGP Key: http://redbranchconsulting.com/who-we-are/public-pgp-key/
*From:* accountability-cross-community-bounces@icann.org [ mailto:accountability-cross-community-bounces@icann.org <accountability-cross-community-bounces@icann.org>] *On Behalf Of *Schaefer, Brett *Sent:* Tuesday, July 19, 2016 1:04 PM *To:* Xavier J. Calvez <xavier.calvez@icann.org> *Cc:* cwg-stewardship@icann.org; CCWG-Accountability < accountability-cross-community@icann.org>; icann-board@icann.org; Executive Team <executive-team@icann.org>; COMMS Team <commsteam@icann.org>; community-finance@icann.org; Finance Staff <finance-staff@icann.org> *Subject:* Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses
- FY16 Q3 update
Xavier,
Are you saying that ICANN’s contracts for Education/Engagement/Advice with (1) Albright Stonebridge Group LLC, (2) Edelman, (3) Interface Media, (4) Rice Hadley Gates LLC, (5) Summit Strategies International LLC, (6) WBC Global, and (7) Wiley Rein LLP each contain confidentiality provisions that prohibit ICANN from disclosing the specific amount paid to each of these individual vendors?
Does this only apply to the CCWG and the public or does it also apply to other parts of the ICANN community, specifically the Supporting Organizations and Advisory Committees?
Thank you for the link on lobbying disclosures. For those who are interested, here are ICANN’s lobbying expenditures based on the disclosure website of the U.S. Congress.
<image001.png>
I do have a couple of additional questions. Would this source capture lobbying exclusively directed toward the US Executive Branch? Has ICANN spent any funds during this period lobbying governments other than the US?
Thank you,
Brett
*Brett* *Schaefer*
- Jay Kingham Senior Research Fellow in International Regulatory Affairs Margaret Thatcher Center for Freedom Davis Institute for National Security and Foreign Policy* The Heritage Foundation 214 Massachusetts Avenue, NE Washington, DC 20002 202-608-6097 heritage.org
*From:* Xavier J. Calvez [mailto:xavier.calvez@icann.org <xavier.calvez@icann.org>] *Sent:* Monday, July 18, 2016 6:30 PM *To:* Schaefer, Brett *Cc:* community-finance@icann.org; cwg-stewardship@icann.org; CCWG-Accountability; Executive Team; COMMS Team; icann-board@icann.org; Finance Staff *Subject:* Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses
- FY16 Q3 update
Brett,
Yes, the information I provided in my latest email had been included in some previous communication. I just wanted to make sure you had a clear visibility on this information, which provides for (i) categories of expenses, (ii) the individual names of the vendors grouped for each category, and (iii) the total value of the expenses for each category.
With respect to the contractual obligations of confidentiality in commercial contracts, ICANN is subject to them, like all business organizations. That said, we disclose what we can consistent with standard business confidentiality provisions in vendor contracts. We cannot disclose the specific amount of spend with each vendor but we were able to disclose the names of the service providers engaged.
Regarding the lobbying expenses, as you are aware, both organizations that hire lobbyists and firms that lobby on behalf of organizations are required under U.S. federal law to file lobbying disclosure reports. In addition to ICANN’s quarterly lobbying disclosures posted on our website, you can find the amounts ICANN has paid to individual outside lobbying firms at http://disclosures.house.gov/ld/ldsearch.aspx.
I hope this helps and clarifies.
Thank you.
Best,
Xavier
Xavier Calvez
ICANN
CFO
12025 Waterfront Drive, Suite 300
Los Angeles, CA 90094
Office : +1 (310) 301 5838
Mobile : +1 (805) 312 0052
Fax : +1 (310) 957-2348
*From: *"Schaefer, Brett" <Brett.Schaefer@heritage.org> *Date: *Thursday, July 14, 2016 at 7:07 AM *To: *Xavier Calvez <xavier.calvez@icann.org> *Cc: *"community-finance@icann.org" <community-finance@icann.org>, " cwg-stewardship@icann.org" <cwg-stewardship@icann.org>, CCWG-Accountability <accountability-cross-community@icann.org>, Executive Team <executive-team@icann.org>, COMMS Team <commsteam@icann.org>, " icann-board@icann.org" <icann-board@icann.org>, Finance Staff < finance-staff@icann.org> *Subject: *Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses
- FY16 Q3 update
Xavier,
This is pretty much the same information that was provided before. I am asking for a breakdown of how much was paid to each vender in the lobbying category (Akin Gump, etc.) and the education/engagement/advice category (Albright Stoneridge, etc.).
Thank you,
Brett
On Jul 13, 2016, at 8:13 PM, Xavier J. Calvez <xavier.calvez@icann.org> wrote:
Dear Brett, In response to your question listed below on 22 June: the detailed information provided on Other professional fees (other than legal fees, detailed in a separate section of the “Transition project cost” expense webpage, on the IANA Stewardship Transition webpage) can be found in the section called “Professional Services – Expenses Breakdown”. Within this section, you will find a link to a document that provides the list of Professional Services (other than legal fees) incurred, by category, with the names of the vendors, and the total amount of expenditures for the category. This link is copied below and was provided in my first answer to your question. I have also attached the file to which this link refers in case the link would not work for you. https://www.icann.org/en/system/files/files/iana-stewardship-expenses-profes...
If this not addressing your question, please let me know.
Thank you.
Best,
Xavier
Xavier Calvez
ICANN
CFO
12025 Waterfront Drive, Suite 300
Los Angeles, CA 90094
Office : +1 (310) 301 5838
Mobile : +1 (805) 312 0052
Fax : +1 (310) 957-2348
*Brett* *Schaefer*
- Jay Kingham Senior Research Fellow in International Regulatory Affairs Margaret Thatcher Center for Freedom Davis Institute for National Security and Foreign Policy* The Heritage Foundation 214 Massachusetts Avenue, NE Washington, DC 20002 202-608-6097 heritage.org
*From: *Xavier Calvez <xavier.calvez@icann.org> *Date: *Tuesday, July 12, 2016 at 9:45 AM *To: *"Schaefer, Brett" <Brett.Schaefer@heritage.org>, " community-finance@icann.org" <community-finance@icann.org>, " cwg-stewardship@icann.org" <cwg-stewardship@icann.org>, CCWG-Accountability <accountability-cross-community@icann.org> *Cc: *Executive Team <executive-team@icann.org>, COMMS Team < commsteam@icann.org>, "icann-board@icann.org" <icann-board@icann.org>, Finance Staff <finance-staff@icann.org> *Subject: *Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses
- FY16 Q3 update
Brett,
Thank you for following up.
I will make sure to respond no later than the end of this week.
Thank you.
Best,
Xavier
Xavier Calvez
ICANN
CFO
12025 Waterfront Drive, Suite 300
Los Angeles, CA 90094
Office : +1 (310) 301 5838
Mobile : +1 (805) 312 0052
Fax : +1 (310) 957-2348
*From: *"Schaefer, Brett" <Brett.Schaefer@heritage.org> *Date: *Tuesday, July 12, 2016 at 11:38 AM *To: *Xavier Calvez <xavier.calvez@icann.org>, " community-finance@icann.org" <community-finance@icann.org>, " cwg-stewardship@icann.org" <cwg-stewardship@icann.org>, CCWG-Accountability <accountability-cross-community@icann.org> *Cc: *Executive Team <executive-team@icann.org>, COMMS Team < commsteam@icann.org>, "icann-board@icann.org" <icann-board@icann.org>, Finance Staff <finance-staff@icann.org> *Subject: *RE: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses
- FY16 Q3 update
Xavier,
Thanks for promising to get this information to me in Helsinki. Do you have an estimate for when it will be provided?
Thanks,
Brett
*Brett* *Schaefer*
- Jay Kingham Senior Research Fellow in International Regulatory Affairs Margaret Thatcher Center for Freedom Davis Institute for National Security and Foreign Policy* The Heritage Foundation 214 Massachusetts Avenue, NE Washington, DC 20002 202-608-6097 heritage.org
*From:* Schaefer, Brett *Sent:* Wednesday, June 22, 2016 2:39 PM *To:* 'Xavier J. Calvez'; community-finance@icann.org; cwg-stewardship@icann.org; CCWG-Accountability *Cc:* Executive Team; COMMS Team; icann-board@icann.org; Finance Staff *Subject:* RE: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses
- FY16 Q3 update
Xavier,
I appreciate the detailed breakdown on the legal fees That is indeed what I was looking for though I would think it useful to have the totals provided in the summary document.
However, I did not see similar information for lobbying or education/ engagement/advice in the links provided. In fact, the only specific information that I saw listed is for Jamie Hedlund at $200,000. No information on other individual firms or vendors is listed at all – only the top line budget expenditure in the summary document link originally sent around.
Could you provide that information?
Thanks,
Brett
*From:* Xavier J. Calvez [mailto:xavier.calvez@icann.org <xavier.calvez@icann.org>] *Sent:* Wednesday, June 22, 2016 10:43 AM *To:* Schaefer, Brett; community-finance@icann.org; cwg-stewardship@icann.org; CCWG-Accountability *Cc:* Executive Team; COMMS Team; icann-board@icann.org; Finance Staff *Subject:* Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses
- FY16 Q3 update
Dear all,
It appears that the first link in my email further below (detail of legal fees by firm) does not resolve correctly. Please use the below instead.
https://www.icann.org/en/system/files/files/iana-stewardship-expenses-legal-...
Thank you.
Best,
Xavier
Xavier Calvez
ICANN
CFO
12025 Waterfront Drive, Suite 300
Los Angeles, CA 90094
Office : +1 (310) 301 5838
Mobile : +1 (805) 312 0052
Fax : +1 (310) 957-2348
*From: *Xavier Calvez <xavier.calvez@icann.org> *Date: *Wednesday, June 22, 2016 at 1:01 PM *To: *"Schaefer, Brett" <Brett.Schaefer@heritage.org>, " community-finance@icann.org" <community-finance@icann.org>, " cwg-stewardship@icann.org" <cwg-stewardship@icann.org>, CCWG-Accountability <accountability-cross-community@icann.org> *Cc: *Executive Team <executive-team@icann.org>, COMMS Team < commsteam@icann.org>, "icann-board@icann.org" <icann-board@icann.org>, Finance Staff <finance-staff@icann.org> *Subject: *Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses
- FY16 Q3 update
Dear Brett,
Thank you for your interest and question.
We currently publish the list of all vendors from whom ICANN obtain services in relation to the IANA Stewardship transition. The $$ value of the services received is aggregated by category of expenses, which you mention below (US Government affairs, Education/engagement/advice,…). This presentation is driven by 2 factors: providing clarity as to the type of services received, and abiding by the contractual obligation of confidentiality in force with each of the vendors (resulting from standard business sensitive information).
We do publish however the detail of the legal advice, by firm and by working group, on this same page (see for example the link to the report of fees by firm: *https://www.icann.org/en/system/files/files/iana-stewardship-expenses-legal-...) <https://www.icann.org/en/system/files/files/iana-stewardship-expenses-legal-...>* .
You will also find more information relative to ICANN’s lobbying in the following blog published a few months ago. In this blog, you will also find links to the disclosure reports that ICANN makes on lobbying activities.
*https://www.icann.org/resources/pages/lobbying-disclosures-contributions-201... <https://www.icann.org/resources/pages/lobbying-disclosures-contributions-201...>.*
Lastly, further information on lobbying appears in ICANN’s form 990 (Schedule C, Part II-B. On page 33/73 of the FY15 form 990 published at the following link):
https://www.icann.org/en/system/files/files/fy-2015-form-990-10may16-en.pdf
I hope this helps. Please let me know if you have further questions.
Thank you.
Best,
Xavier
Xavier Calvez
ICANN
CFO
12025 Waterfront Drive, Suite 300
Los Angeles, CA 90094
Office : +1 (310) 301 5838
Mobile : +1 (805) 312 0052
Fax : +1 (310) 957-2348
*From: *"Schaefer, Brett" <Brett.Schaefer@heritage.org> *Date: *Tuesday, June 21, 2016 at 9:54 PM *To: *Xavier Calvez <xavier.calvez@icann.org>, " community-finance@icann.org" <community-finance@icann.org>, " cwg-stewardship@icann.org" <cwg-stewardship@icann.org>, CCWG-Accountability <accountability-cross-community@icann.org> *Cc: *Executive Team <executive-team@icann.org>, COMMS Team < commsteam@icann.org>, "icann-board@icann.org" <icann-board@icann.org>, Finance Staff <finance-staff@icann.org> *Subject: *RE: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses
- FY16 Q3 update
Xavier,
Thank you. Could you please provide a more detailed breakdown of legal advice, US government affairs, and educations/engagement/advice? In each category, there are multiple firms/vendors listed ( https://www.icann.org/en/system/files/files/iana-stewardship-expenses-profes...). I would appreciate the amount provided to each individual vendor. If it is provided somewhere, I would appreciate you letting me know where to find it.
Much appreciated,
Brett
*Brett* *Schaefer*
- Jay Kingham Senior Research Fellow in International Regulatory Affairs Margaret Thatcher Center for Freedom Davis Institute for National Security and Foreign Policy* The Heritage Foundation 214 Massachusetts Avenue, NE Washington, DC 20002 202-608-6097 heritage.org
*From:* accountability-cross-community-bounces@icann.org [ mailto:accountability-cross-community-bounces@icann.org <accountability-cross-community-bounces@icann.org>] *On Behalf Of *Xavier J. Calvez *Sent:* Saturday, June 18, 2016 12:10 AM *To:* community-finance@icann.org; cwg-stewardship@icann.org; CCWG-Accountability *Cc:* Executive Team; COMMS Team; icann-board@icann.org; Finance Staff *Subject:* [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Dear all,
You find at the link below the updated project’s expenses as of FY16 Q3 (from July 2014 to March 2016). As indicated a few months ago, we have added new detailed information on the staff support with the individual positions, names and percentages of effort over the period.
*https://www.icann.org/resources/pages/iana-stewardship-project-costs <https://www.icann.org/resources/pages/iana-stewardship-project-costs>*
Thank you.
Best,
Xavier
Xavier Calvez
ICANN
CFO
12025 Waterfront Drive, Suite 300
Los Angeles, CA 90094
Office : +1 (310) 301 5838
Mobile : +1 (805) 312 0052
Fax : +1 (310) 957-2348
<iana-stewardship-expenses-professional-vendor-01jun16-en.pdf>
community-finance mailing list community-finance@icann.org https://mm.icann.org/mailman/listinfo/community-finance
_______________________________________________ community-finance mailing list community-finance@icann.org https://mm.icann.org/mailman/listinfo/community-finance
CWG-Stewardship mailing list CWG-Stewardship@icann.org https://mm.icann.org/mailman/listinfo/cwg-stewardship
Dear Xavier Thank you for all info. Pls clarify the following ~1.!What is prfessional advice :;this advice is given to whopm ,on what subject and why is needed 2. what is lobbing here. who lobbies for whom and on what and the need for such lobbies 3 WHO CHECKS and confirm the legal costs by threed legal entities, who decide that there was a need for such legal advice and who checks and control ther tiome spent..Many of these advice were repweatation of previous adfvices and just cut and p[aste from one advice to others .Please review all advices given from the begining of 2015 till now We neeed all these detailed info . Regards Kavouss
2016-07-20 7:13 GMT+03:00 Cheryl Langdon-Orr <langdonorr@gmail.com>:
Agree totally with you on the importance of this work in WS2 Chuck...
*Cheryl Langdon-O**rr ... *(CLO)
about.me/cheryl.LangdonOrr [image: Cheryl Langdon-Orr on about.me] <http://about.me/cheryl.LangdonOrr>
On 20 July 2016 at 12:48, Gomes, Chuck <cgomes@verisign.com> wrote:
This is a good example of why I thought that ‘Transparency’ should have been in Work Stream 1 instead of Work Stream 2 but it is way too late for that now. I think we just need to seriously focus on the ‘Transparency’ work in Work Stream 2.
Chuck
*From:* community-finance-bounces@icann.org [mailto: community-finance-bounces@icann.org] *On Behalf Of *Marilyn Cade *Sent:* Tuesday, July 19, 2016 7:04 PM *To:* Michele Neylon - Blacknight; Paul Rosenzweig *Cc:* cwg-stewardship@icann.org; CCWG-Accountability; Schaefer, Brett; icann-board@icann.org; Executive Team; COMMS Team; community-finance@icann.org; Finance Staff *Subject:* Re: [community-finance] [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
I am a consultant to an NGO, on the Board of an NGO, and I represent companies and trade associations.
Usually the confidentiality clause is about WHAT one does, and eliminating conflicts with other clients.
If these consultants are unable to acknowledge that they are ICANN consultants, this is a problem.If they are afraid to declare the amount they are receiving as consultant, I am concerned. And if they are simultaneously a consultant to a group of AC/SO entities and ICANN, then they need to declare that.
M
From: michele@blacknight.com To: paul.rosenzweig@redbranchconsulting.com Date: Tue, 19 Jul 2016 22:30:20 +0000 CC: cwg-stewardship@icann.org; commsteam@icann.org; accountability-cross-community@icann.org; icann-board@icann.org; executive-team@icann.org; Brett.Schaefer@heritage.org; community-finance@icann.org; finance-staff@icann.org Subject: Re: [community-finance] [CCWG-ACCT] IANA Stewardship Transition
- Project Expenses - FY16 Q3 update
Xavier
Is ICANN imposing the confidentiality you refer to, or is it the vendors?
Regards
Michele
Mr Michele Neylon
Blacknight Hosting & Domains
Sent from mobile so typos and brevity are normal
On 19 Jul 2016, at 19:59, Paul Rosenzweig < paul.rosenzweig@redbranchconsulting.com> wrote:
Xavier
May I follow up on Brett’s question by also asking whether those confidentiality provisions are part of ICANN’s standard contracts with all vendors or are they only part of the agreements with these particular vendors?
Thanks
Paul
Paul Rosenzweig
paul.rosenzweig@redbranchconsulting.com
O: +1 (202) 547-0660
M: +1 (202) 329-9650
VOIP: +1 (202) 738-1739
www.redbranchconsulting.com
My PGP Key: http://redbranchconsulting.com/who-we-are/public-pgp-key/
*From:* accountability-cross-community-bounces@icann.org [ mailto:accountability-cross-community-bounces@icann.org <accountability-cross-community-bounces@icann.org>] *On Behalf Of *Schaefer, Brett *Sent:* Tuesday, July 19, 2016 1:04 PM *To:* Xavier J. Calvez <xavier.calvez@icann.org> *Cc:* cwg-stewardship@icann.org; CCWG-Accountability < accountability-cross-community@icann.org>; icann-board@icann.org; Executive Team <executive-team@icann.org>; COMMS Team < commsteam@icann.org>; community-finance@icann.org; Finance Staff < finance-staff@icann.org> *Subject:* Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Xavier,
Are you saying that ICANN’s contracts for Education/Engagement/Advice with (1) Albright Stonebridge Group LLC, (2) Edelman, (3) Interface Media, (4) Rice Hadley Gates LLC, (5) Summit Strategies International LLC, (6) WBC Global, and (7) Wiley Rein LLP each contain confidentiality provisions that prohibit ICANN from disclosing the specific amount paid to each of these individual vendors?
Does this only apply to the CCWG and the public or does it also apply to other parts of the ICANN community, specifically the Supporting Organizations and Advisory Committees?
Thank you for the link on lobbying disclosures. For those who are interested, here are ICANN’s lobbying expenditures based on the disclosure website of the U.S. Congress.
<image001.png>
I do have a couple of additional questions. Would this source capture lobbying exclusively directed toward the US Executive Branch? Has ICANN spent any funds during this period lobbying governments other than the US?
Thank you,
Brett
*Brett* *Schaefer*
- Jay Kingham Senior Research Fellow in International Regulatory Affairs Margaret Thatcher Center for Freedom Davis Institute for National Security and Foreign Policy* The Heritage Foundation 214 Massachusetts Avenue, NE Washington, DC 20002 202-608-6097 heritage.org
*From:* Xavier J. Calvez [mailto:xavier.calvez@icann.org <xavier.calvez@icann.org>] *Sent:* Monday, July 18, 2016 6:30 PM *To:* Schaefer, Brett *Cc:* community-finance@icann.org; cwg-stewardship@icann.org; CCWG-Accountability; Executive Team; COMMS Team; icann-board@icann.org; Finance Staff *Subject:* Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Brett,
Yes, the information I provided in my latest email had been included in some previous communication. I just wanted to make sure you had a clear visibility on this information, which provides for (i) categories of expenses, (ii) the individual names of the vendors grouped for each category, and (iii) the total value of the expenses for each category.
With respect to the contractual obligations of confidentiality in commercial contracts, ICANN is subject to them, like all business organizations. That said, we disclose what we can consistent with standard business confidentiality provisions in vendor contracts. We cannot disclose the specific amount of spend with each vendor but we were able to disclose the names of the service providers engaged.
Regarding the lobbying expenses, as you are aware, both organizations that hire lobbyists and firms that lobby on behalf of organizations are required under U.S. federal law to file lobbying disclosure reports. In addition to ICANN’s quarterly lobbying disclosures posted on our website, you can find the amounts ICANN has paid to individual outside lobbying firms at http://disclosures.house.gov/ld/ldsearch.aspx.
I hope this helps and clarifies.
Thank you.
Best,
Xavier
Xavier Calvez
ICANN
CFO
12025 Waterfront Drive, Suite 300
Los Angeles, CA 90094
Office : +1 (310) 301 5838
Mobile : +1 (805) 312 0052
Fax : +1 (310) 957-2348
*From: *"Schaefer, Brett" <Brett.Schaefer@heritage.org> *Date: *Thursday, July 14, 2016 at 7:07 AM *To: *Xavier Calvez <xavier.calvez@icann.org> *Cc: *"community-finance@icann.org" <community-finance@icann.org>, " cwg-stewardship@icann.org" <cwg-stewardship@icann.org>, CCWG-Accountability <accountability-cross-community@icann.org>, Executive Team <executive-team@icann.org>, COMMS Team < commsteam@icann.org>, "icann-board@icann.org" <icann-board@icann.org>, Finance Staff <finance-staff@icann.org> *Subject: *Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Xavier,
This is pretty much the same information that was provided before. I am asking for a breakdown of how much was paid to each vender in the lobbying category (Akin Gump, etc.) and the education/engagement/advice category (Albright Stoneridge, etc.).
Thank you,
Brett
On Jul 13, 2016, at 8:13 PM, Xavier J. Calvez <xavier.calvez@icann.org> wrote:
Dear Brett, In response to your question listed below on 22 June: the detailed information provided on Other professional fees (other than legal fees, detailed in a separate section of the “Transition project cost” expense webpage, on the IANA Stewardship Transition webpage) can be found in the section called “Professional Services – Expenses Breakdown”. Within this section, you will find a link to a document that provides the list of Professional Services (other than legal fees) incurred, by category, with the names of the vendors, and the total amount of expenditures for the category. This link is copied below and was provided in my first answer to your question. I have also attached the file to which this link refers in case the link would not work for you. https://www.icann.org/en/system/files/files/iana-stewardship-expenses-profes...
If this not addressing your question, please let me know.
Thank you.
Best,
Xavier
Xavier Calvez
ICANN
CFO
12025 Waterfront Drive, Suite 300
Los Angeles, CA 90094
Office : +1 (310) 301 5838
Mobile : +1 (805) 312 0052
Fax : +1 (310) 957-2348
*Brett* *Schaefer*
- Jay Kingham Senior Research Fellow in International Regulatory Affairs Margaret Thatcher Center for Freedom Davis Institute for National Security and Foreign Policy* The Heritage Foundation 214 Massachusetts Avenue, NE Washington, DC 20002 202-608-6097 heritage.org
*From: *Xavier Calvez <xavier.calvez@icann.org> *Date: *Tuesday, July 12, 2016 at 9:45 AM *To: *"Schaefer, Brett" <Brett.Schaefer@heritage.org>, " community-finance@icann.org" <community-finance@icann.org>, " cwg-stewardship@icann.org" <cwg-stewardship@icann.org>, CCWG-Accountability <accountability-cross-community@icann.org> *Cc: *Executive Team <executive-team@icann.org>, COMMS Team < commsteam@icann.org>, "icann-board@icann.org" <icann-board@icann.org>, Finance Staff <finance-staff@icann.org> *Subject: *Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Brett,
Thank you for following up.
I will make sure to respond no later than the end of this week.
Thank you.
Best,
Xavier
Xavier Calvez
ICANN
CFO
12025 Waterfront Drive, Suite 300
Los Angeles, CA 90094
Office : +1 (310) 301 5838
Mobile : +1 (805) 312 0052
Fax : +1 (310) 957-2348
*From: *"Schaefer, Brett" <Brett.Schaefer@heritage.org> *Date: *Tuesday, July 12, 2016 at 11:38 AM *To: *Xavier Calvez <xavier.calvez@icann.org>, " community-finance@icann.org" <community-finance@icann.org>, " cwg-stewardship@icann.org" <cwg-stewardship@icann.org>, CCWG-Accountability <accountability-cross-community@icann.org> *Cc: *Executive Team <executive-team@icann.org>, COMMS Team < commsteam@icann.org>, "icann-board@icann.org" <icann-board@icann.org>, Finance Staff <finance-staff@icann.org> *Subject: *RE: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Xavier,
Thanks for promising to get this information to me in Helsinki. Do you have an estimate for when it will be provided?
Thanks,
Brett
*Brett* *Schaefer*
- Jay Kingham Senior Research Fellow in International Regulatory Affairs Margaret Thatcher Center for Freedom Davis Institute for National Security and Foreign Policy* The Heritage Foundation 214 Massachusetts Avenue, NE Washington, DC 20002 202-608-6097 heritage.org
*From:* Schaefer, Brett *Sent:* Wednesday, June 22, 2016 2:39 PM *To:* 'Xavier J. Calvez'; community-finance@icann.org; cwg-stewardship@icann.org; CCWG-Accountability *Cc:* Executive Team; COMMS Team; icann-board@icann.org; Finance Staff *Subject:* RE: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Xavier,
I appreciate the detailed breakdown on the legal fees That is indeed what I was looking for though I would think it useful to have the totals provided in the summary document.
However, I did not see similar information for lobbying or education/ engagement/advice in the links provided. In fact, the only specific information that I saw listed is for Jamie Hedlund at $200,000. No information on other individual firms or vendors is listed at all – only the top line budget expenditure in the summary document link originally sent around.
Could you provide that information?
Thanks,
Brett
*From:* Xavier J. Calvez [mailto:xavier.calvez@icann.org <xavier.calvez@icann.org>] *Sent:* Wednesday, June 22, 2016 10:43 AM *To:* Schaefer, Brett; community-finance@icann.org; cwg-stewardship@icann.org; CCWG-Accountability *Cc:* Executive Team; COMMS Team; icann-board@icann.org; Finance Staff *Subject:* Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Dear all,
It appears that the first link in my email further below (detail of legal fees by firm) does not resolve correctly. Please use the below instead.
https://www.icann.org/en/system/files/files/iana-stewardship-expenses-legal-...
Thank you.
Best,
Xavier
Xavier Calvez
ICANN
CFO
12025 Waterfront Drive, Suite 300
Los Angeles, CA 90094
Office : +1 (310) 301 5838
Mobile : +1 (805) 312 0052
Fax : +1 (310) 957-2348
*From: *Xavier Calvez <xavier.calvez@icann.org> *Date: *Wednesday, June 22, 2016 at 1:01 PM *To: *"Schaefer, Brett" <Brett.Schaefer@heritage.org>, " community-finance@icann.org" <community-finance@icann.org>, " cwg-stewardship@icann.org" <cwg-stewardship@icann.org>, CCWG-Accountability <accountability-cross-community@icann.org> *Cc: *Executive Team <executive-team@icann.org>, COMMS Team < commsteam@icann.org>, "icann-board@icann.org" <icann-board@icann.org>, Finance Staff <finance-staff@icann.org> *Subject: *Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Dear Brett,
Thank you for your interest and question.
We currently publish the list of all vendors from whom ICANN obtain services in relation to the IANA Stewardship transition. The $$ value of the services received is aggregated by category of expenses, which you mention below (US Government affairs, Education/engagement/advice,…). This presentation is driven by 2 factors: providing clarity as to the type of services received, and abiding by the contractual obligation of confidentiality in force with each of the vendors (resulting from standard business sensitive information).
We do publish however the detail of the legal advice, by firm and by working group, on this same page (see for example the link to the report of fees by firm: *https://www.icann.org/en/system/files/files/iana-stewardship-expenses-legal-...) <https://www.icann.org/en/system/files/files/iana-stewardship-expenses-legal-...>* .
You will also find more information relative to ICANN’s lobbying in the following blog published a few months ago. In this blog, you will also find links to the disclosure reports that ICANN makes on lobbying activities.
*https://www.icann.org/resources/pages/lobbying-disclosures-contributions-201... <https://www.icann.org/resources/pages/lobbying-disclosures-contributions-201...>.*
Lastly, further information on lobbying appears in ICANN’s form 990 (Schedule C, Part II-B. On page 33/73 of the FY15 form 990 published at the following link):
https://www.icann.org/en/system/files/files/fy-2015-form-990-10may16-en.pdf
I hope this helps. Please let me know if you have further questions.
Thank you.
Best,
Xavier
Xavier Calvez
ICANN
CFO
12025 Waterfront Drive, Suite 300
Los Angeles, CA 90094
Office : +1 (310) 301 5838
Mobile : +1 (805) 312 0052
Fax : +1 (310) 957-2348
*From: *"Schaefer, Brett" <Brett.Schaefer@heritage.org> *Date: *Tuesday, June 21, 2016 at 9:54 PM *To: *Xavier Calvez <xavier.calvez@icann.org>, " community-finance@icann.org" <community-finance@icann.org>, " cwg-stewardship@icann.org" <cwg-stewardship@icann.org>, CCWG-Accountability <accountability-cross-community@icann.org> *Cc: *Executive Team <executive-team@icann.org>, COMMS Team < commsteam@icann.org>, "icann-board@icann.org" <icann-board@icann.org>, Finance Staff <finance-staff@icann.org> *Subject: *RE: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Xavier,
Thank you. Could you please provide a more detailed breakdown of legal advice, US government affairs, and educations/engagement/advice? In each category, there are multiple firms/vendors listed ( https://www.icann.org/en/system/files/files/iana-stewardship-expenses-profes...). I would appreciate the amount provided to each individual vendor. If it is provided somewhere, I would appreciate you letting me know where to find it.
Much appreciated,
Brett
*Brett* *Schaefer*
- Jay Kingham Senior Research Fellow in International Regulatory Affairs Margaret Thatcher Center for Freedom Davis Institute for National Security and Foreign Policy* The Heritage Foundation 214 Massachusetts Avenue, NE Washington, DC 20002 202-608-6097 heritage.org
*From:* accountability-cross-community-bounces@icann.org [ mailto:accountability-cross-community-bounces@icann.org <accountability-cross-community-bounces@icann.org>] *On Behalf Of *Xavier J. Calvez *Sent:* Saturday, June 18, 2016 12:10 AM *To:* community-finance@icann.org; cwg-stewardship@icann.org; CCWG-Accountability *Cc:* Executive Team; COMMS Team; icann-board@icann.org; Finance Staff *Subject:* [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Dear all,
You find at the link below the updated project’s expenses as of FY16 Q3 (from July 2014 to March 2016). As indicated a few months ago, we have added new detailed information on the staff support with the individual positions, names and percentages of effort over the period.
*https://www.icann.org/resources/pages/iana-stewardship-project-costs <https://www.icann.org/resources/pages/iana-stewardship-project-costs>*
Thank you.
Best,
Xavier
Xavier Calvez
ICANN
CFO
12025 Waterfront Drive, Suite 300
Los Angeles, CA 90094
Office : +1 (310) 301 5838
Mobile : +1 (805) 312 0052
Fax : +1 (310) 957-2348
<iana-stewardship-expenses-professional-vendor-01jun16-en.pdf>
community-finance mailing list community-finance@icann.org https://mm.icann.org/mailman/listinfo/community-finance
_______________________________________________ community-finance mailing list community-finance@icann.org https://mm.icann.org/mailman/listinfo/community-finance
CWG-Stewardship mailing list CWG-Stewardship@icann.org https://mm.icann.org/mailman/listinfo/cwg-stewardship
Accountability-Cross-Community mailing list Accountability-Cross-Community@icann.org https://mm.icann.org/mailman/listinfo/accountability-cross-community
This seems weird. Why not disclose this? And what the general purpose of the contracts cover? I also wonder why I have seen a few of these folks sitting in on meetings that are not related, and that they seem to be either representing parts of the community as well as ICANN? That seems to be a conflict of interest. M
From: Brett.Schaefer@heritage.org To: xavier.calvez@icann.org Date: Tue, 19 Jul 2016 17:04:10 +0000 CC: cwg-stewardship@icann.org; accountability-cross-community@icann.org; icann-board@icann.org; executive-team@icann.org; commsteam@icann.org; community-finance@icann.org; finance-staff@icann.org Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Xavier,
Are you saying that ICANN’s contracts for Education/Engagement/Advice with (1) Albright Stonebridge Group LLC, (2) Edelman, (3) Interface Media, (4) Rice Hadley Gates LLC, (5) Summit Strategies International LLC, (6) WBC Global, and (7) Wiley Rein LLP each contain confidentiality provisions that prohibit ICANN from disclosing the specific amount paid to each of these individual vendors?
Does this only apply to the CCWG and the public or does it also apply to other parts of the ICANN community, specifically the Supporting Organizations and Advisory Committees?
Thank you for the link on lobbying disclosures. For those who are interested, here are ICANN’s lobbying expenditures based on the disclosure website of the U.S. Congress.
I do have a couple of additional questions. Would this source capture lobbying exclusively directed toward the US Executive Branch? Has ICANN spent any funds during this period lobbying governments other than the US?
Thank you,
Brett
Brett Schaefer
Jay Kingham Senior Research Fellow in International Regulatory Affairs
Margaret Thatcher Center for Freedom Davis Institute for National Security and Foreign Policy
The Heritage Foundation
214 Massachusetts Avenue, NE
Washington, DC 20002
202-608-6097
heritage.org
From: Xavier J. Calvez [mailto:xavier.calvez@icann.org]
Sent: Monday, July 18, 2016 6:30 PM
To: Schaefer, Brett
Cc: community-finance@icann.org; cwg-stewardship@icann.org; CCWG-Accountability; Executive Team; COMMS Team; icann-board@icann.org; Finance Staff
Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Brett, Yes, the information I provided in my latest email had been included in some previous communication. I just wanted to make sure you had a clear visibility on this information, which provides for (i) categories of expenses, (ii) the individual names of the vendors grouped for each category, and (iii) the total value of the expenses for each category. With respect to the contractual obligations of confidentiality in commercial contracts, ICANN is subject to them, like all business organizations. That said, we disclose what we can consistent with standard business confidentiality provisions in vendor contracts. We cannot disclose the specific amount of spend with each vendor but we were able to disclose the names of the service providers engaged. Regarding the lobbying expenses, as you are aware, both organizations that hire lobbyists and firms that lobby on behalf of organizations are required under U.S. federal law to file lobbying disclosure reports. In addition to ICANN’s quarterly lobbying disclosures posted on our website, you can find the amounts ICANN has paid to individual outside lobbying firms at http://disclosures.house.gov/ld/ldsearch.aspx. I hope this helps and clarifies.
Thank you.
Best,
Xavier
Xavier Calvez
ICANN
CFO
12025 Waterfront Drive, Suite 300
Los Angeles, CA 90094
Office : +1 (310) 301 5838
Mobile : +1 (805) 312 0052
Fax : +1 (310) 957-2348
From: "Schaefer, Brett" <Brett.Schaefer@heritage.org>
Date: Thursday, July 14, 2016 at 7:07 AM
To: Xavier Calvez <xavier.calvez@icann.org>
Cc: "community-finance@icann.org" <community-finance@icann.org>, "cwg-stewardship@icann.org" <cwg-stewardship@icann.org>, CCWG-Accountability <accountability-cross-community@icann.org>, Executive Team <executive-team@icann.org>, COMMS Team <commsteam@icann.org>, "icann-board@icann.org" <icann-board@icann.org>, Finance Staff <finance-staff@icann.org>
Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Xavier,
This is pretty much the same information that was provided before. I am asking for a breakdown of how much was paid to each vender in the lobbying category (Akin Gump, etc.) and the education/engagement/advice category (Albright Stoneridge, etc.).
Thank you,
Brett
On Jul 13, 2016, at 8:13 PM, Xavier J. Calvez <xavier.calvez@icann.org> wrote:
Dear Brett, In response to your question listed below on 22 June: the detailed information provided on Other professional fees (other than legal fees, detailed in a separate section of the “Transition project cost” expense webpage, on the IANA Stewardship Transition webpage) can be found in the section called “Professional Services – Expenses Breakdown”. Within this section, you will find a link to a document that provides the list of Professional Services (other than legal fees) incurred, by category, with the names of the vendors, and the total amount of expenditures for the category. This link is copied below and was provided in my first answer to your question. I have also attached the file to which this link refers in case the link would not work for you. https://www.icann.org/en/system/files/files/iana-stewardship-expenses-profes... If this not addressing your question, please let me know.
Thank you.
Best,
Xavier
Xavier Calvez
ICANN
CFO
12025 Waterfront Drive, Suite 300
Los Angeles, CA 90094
Office : +1 (310) 301 5838
Mobile : +1 (805) 312 0052
Fax : +1 (310) 957-2348
Brett Schaefer
Jay Kingham Senior Research Fellow in International Regulatory Affairs
Margaret Thatcher Center for Freedom Davis Institute for National Security and Foreign Policy
The Heritage Foundation
214 Massachusetts Avenue, NE
Washington, DC 20002
202-608-6097
heritage.org
From: Xavier Calvez <xavier.calvez@icann.org>
Date: Tuesday, July 12, 2016 at 9:45 AM
To: "Schaefer, Brett" <Brett.Schaefer@heritage.org>, "community-finance@icann.org" <community-finance@icann.org>, "cwg-stewardship@icann.org" <cwg-stewardship@icann.org>, CCWG-Accountability <accountability-cross-community@icann.org>
Cc: Executive Team <executive-team@icann.org>, COMMS Team <commsteam@icann.org>, "icann-board@icann.org" <icann-board@icann.org>, Finance Staff <finance-staff@icann.org>
Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Brett, Thank you for following up. I will make sure to respond no later than the end of this week.
Thank you.
Best,
Xavier
Xavier Calvez
ICANN
CFO
12025 Waterfront Drive, Suite 300
Los Angeles, CA 90094
Office : +1 (310) 301 5838
Mobile : +1 (805) 312 0052
Fax : +1 (310) 957-2348
From: "Schaefer, Brett" <Brett.Schaefer@heritage.org>
Date: Tuesday, July 12, 2016 at 11:38 AM
To: Xavier Calvez <xavier.calvez@icann.org>, "community-finance@icann.org" <community-finance@icann.org>, "cwg-stewardship@icann.org" <cwg-stewardship@icann.org>, CCWG-Accountability <accountability-cross-community@icann.org>
Cc: Executive Team <executive-team@icann.org>, COMMS Team <commsteam@icann.org>, "icann-board@icann.org" <icann-board@icann.org>, Finance Staff <finance-staff@icann.org>
Subject: RE: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Xavier,
Thanks for promising to get this information to me in Helsinki. Do you have an estimate for when it will be provided?
Thanks,
Brett
Brett Schaefer
Jay Kingham Senior Research Fellow in International Regulatory Affairs
Margaret Thatcher Center for Freedom Davis Institute for National Security and Foreign Policy
The Heritage Foundation
214 Massachusetts Avenue, NE
Washington, DC 20002
202-608-6097
heritage.org
From: Schaefer, Brett
Sent: Wednesday, June 22, 2016 2:39 PM
To: 'Xavier J. Calvez'; community-finance@icann.org; cwg-stewardship@icann.org; CCWG-Accountability
Cc: Executive Team; COMMS Team; icann-board@icann.org; Finance Staff
Subject: RE: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Xavier,
I appreciate the detailed breakdown on the legal fees That is indeed what I was looking for though I would think it useful to have the totals provided in the summary document.
However, I did not see similar information for lobbying or education/ engagement/advice in the links provided. In fact, the only specific information that I saw listed is for Jamie Hedlund at $200,000. No information on other individual firms or vendors is listed at all – only the top line budget expenditure in the summary document link originally sent around.
Could you provide that information?
Thanks,
Brett
From: Xavier J. Calvez [mailto:xavier.calvez@icann.org]
Sent: Wednesday, June 22, 2016 10:43 AM
To: Schaefer, Brett; community-finance@icann.org; cwg-stewardship@icann.org; CCWG-Accountability
Cc: Executive Team; COMMS Team; icann-board@icann.org; Finance Staff
Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Dear all, It appears that the first link in my email further below (detail of legal fees by firm) does not resolve correctly. Please use the below instead. https://www.icann.org/en/system/files/files/iana-stewardship-expenses-legal-...
Thank you.
Best,
Xavier
Xavier Calvez
ICANN
CFO
12025 Waterfront Drive, Suite 300
Los Angeles, CA 90094
Office : +1 (310) 301 5838
Mobile : +1 (805) 312 0052
Fax : +1 (310) 957-2348
From: Xavier Calvez <xavier.calvez@icann.org>
Date: Wednesday, June 22, 2016 at 1:01 PM
To: "Schaefer, Brett" <Brett.Schaefer@heritage.org>, "community-finance@icann.org" <community-finance@icann.org>, "cwg-stewardship@icann.org" <cwg-stewardship@icann.org>, CCWG-Accountability <accountability-cross-community@icann.org>
Cc: Executive Team <executive-team@icann.org>, COMMS Team <commsteam@icann.org>, "icann-board@icann.org" <icann-board@icann.org>, Finance Staff <finance-staff@icann.org>
Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Dear Brett, Thank you for your interest and question. We currently publish the list of all vendors from whom ICANN obtain services in relation to the IANA Stewardship transition. The $$ value of the services received is aggregated by category of expenses, which you mention below (US Government affairs, Education/engagement/advice,…). This presentation is driven by 2 factors: providing clarity as to the type of services received, and abiding by the contractual obligation of confidentiality in force with each of the vendors (resulting from standard business sensitive information). We do publish however the detail of the legal advice, by firm and by working group, on this same page (see for example the link to the report of fees by firm: https://www.icann.org/en/system/files/files/iana-stewardship-expenses-legal-...). You will also find more information relative to ICANN’s lobbying in the following blog published a few months ago. In this blog, you will also find links to the disclosure reports that ICANN makes on lobbying activities. https://www.icann.org/resources/pages/lobbying-disclosures-contributions-201.... Lastly, further information on lobbying appears in ICANN’s form 990 (Schedule C, Part II-B. On page 33/73 of the FY15 form 990 published at the following link): https://www.icann.org/en/system/files/files/fy-2015-form-990-10may16-en.pdf
I hope this helps. Please let me know if you have further questions.
Thank you.
Best,
Xavier
Xavier Calvez
ICANN
CFO
12025 Waterfront Drive, Suite 300
Los Angeles, CA 90094
Office : +1 (310) 301 5838
Mobile : +1 (805) 312 0052
Fax : +1 (310) 957-2348
From: "Schaefer, Brett" <Brett.Schaefer@heritage.org>
Date: Tuesday, June 21, 2016 at 9:54 PM
To: Xavier Calvez <xavier.calvez@icann.org>, "community-finance@icann.org" <community-finance@icann.org>, "cwg-stewardship@icann.org" <cwg-stewardship@icann.org>, CCWG-Accountability <accountability-cross-community@icann.org>
Cc: Executive Team <executive-team@icann.org>, COMMS Team <commsteam@icann.org>, "icann-board@icann.org" <icann-board@icann.org>, Finance Staff <finance-staff@icann.org>
Subject: RE: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Xavier,
Thank you. Could you please provide a more detailed breakdown of legal advice, US government affairs, and educations/engagement/advice? In each category, there are multiple firms/vendors listed (https://www.icann.org/en/system/files/files/iana-stewardship-expenses-profes...). I would appreciate the amount provided to each individual vendor. If it is provided somewhere, I would appreciate you letting me know where to find it.
Much appreciated,
Brett
Brett Schaefer
Jay Kingham Senior Research Fellow in International Regulatory Affairs
Margaret Thatcher Center for Freedom Davis Institute for National Security and Foreign Policy
The Heritage Foundation
214 Massachusetts Avenue, NE
Washington, DC 20002
202-608-6097
heritage.org
From: accountability-cross-community-bounces@icann.org [mailto:accountability-cross-community-bounces@icann.org] On Behalf Of Xavier J. Calvez
Sent: Saturday, June 18, 2016 12:10 AM
To: community-finance@icann.org; cwg-stewardship@icann.org; CCWG-Accountability
Cc: Executive Team; COMMS Team; icann-board@icann.org; Finance Staff
Subject: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Dear all, You find at the link below the updated project’s expenses as of FY16 Q3 (from July 2014 to March 2016). As indicated a few months ago, we have added new detailed information on the staff support with the individual positions, names and percentages of effort over the period.
https://www.icann.org/resources/pages/iana-stewardship-project-costs
Thank you.
Best,
Xavier
Xavier Calvez
ICANN
CFO
12025 Waterfront Drive, Suite 300
Los Angeles, CA 90094
Office : +1 (310) 301 5838
Mobile : +1 (805) 312 0052
Fax : +1 (310) 957-2348
<iana-stewardship-expenses-professional-vendor-01jun16-en.pdf>
Accountability-Cross-Community mailing list Accountability-Cross-Community@icann.org https://mm.icann.org/mailman/listinfo/accountability-cross-community
In the U.S. much of what used to be done by registered lobbyists is now performed by “strategic advisors” who walk right up to the line of what constitutes lobbying (and maybe a few inches over), and nonetheless facilitate door opening to key members of Congress and the Executive branch, and who “educate” rather than “lobby” members of both branches of government. So while the seven firms may not be engaged in what is considered lobbying under current U.S. law, they are still likely engaged in helping to assure officials outcomes desired by ICANN corporate.
It is for that reason – as well as for the exercise of effective oversight over ICANN budgeting and expenditures – that the community should have more data on this. If ICANN is prohibited by its contracts with these firms from disclosing its expenditures that is unfortunate – and in the future I would hope that ICANN would tell any firms being considered for such duties that its own transparency obligations to the community preclude it from agreeing to such restrictions (I’d wager that the majority of the firms would waive confidentiality rather than lose the contract).
At a minimum, ICANN should disclose the aggregate amounts spent with these seven firms since they were engaged – surely their contracts don’t bar such aggregate reporting.
Philip S. Corwin, Founding Principal Virtualaw LLC 1155 F Street, NW Suite 1050 Washington, DC 20004 202-559-8597/Direct 202-559-8750/Fax 202-255-6172/Cell
Twitter: @VlawDC
"Luck is the residue of design" -- Branch Rickey
From: accountability-cross-community-bounces@icann.org [mailto:accountability-cross-community-bounces@icann.org] On Behalf Of Schaefer, Brett Sent: Tuesday, July 19, 2016 1:04 PM To: Xavier J. Calvez Cc: cwg-stewardship@icann.org; CCWG-Accountability; icann-board@icann.org; Executive Team; COMMS Team; community-finance@icann.org; Finance Staff Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Xavier,
Are you saying that ICANN’s contracts for Education/Engagement/Advice with (1) Albright Stonebridge Group LLC, (2) Edelman, (3) Interface Media, (4) Rice Hadley Gates LLC, (5) Summit Strategies International LLC, (6) WBC Global, and (7) Wiley Rein LLP each contain confidentiality provisions that prohibit ICANN from disclosing the specific amount paid to each of these individual vendors?
Does this only apply to the CCWG and the public or does it also apply to other parts of the ICANN community, specifically the Supporting Organizations and Advisory Committees?
Thank you for the link on lobbying disclosures. For those who are interested, here are ICANN’s lobbying expenditures based on the disclosure website of the U.S. Congress.
[cid:image001.png@01D1E1FE.D8784B00]
I do have a couple of additional questions. Would this source capture lobbying exclusively directed toward the US Executive Branch? Has ICANN spent any funds during this period lobbying governments other than the US?
Thank you,
Brett
Brett Schaefer Jay Kingham Senior Research Fellow in International Regulatory Affairs Margaret Thatcher Center for Freedom Davis Institute for National Security and Foreign Policy The Heritage Foundation 214 Massachusetts Avenue, NE Washington, DC 20002 202-608-6097 heritage.org<http://heritage.org/> From: Xavier J. Calvez [mailto:xavier.calvez@icann.org] Sent: Monday, July 18, 2016 6:30 PM To: Schaefer, Brett Cc: community-finance@icann.org<mailto:community-finance@icann.org>; cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>; CCWG-Accountability; Executive Team; COMMS Team; icann-board@icann.org<mailto:icann-board@icann.org>; Finance Staff Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Brett, Yes, the information I provided in my latest email had been included in some previous communication. I just wanted to make sure you had a clear visibility on this information, which provides for (i) categories of expenses, (ii) the individual names of the vendors grouped for each category, and (iii) the total value of the expenses for each category. With respect to the contractual obligations of confidentiality in commercial contracts, ICANN is subject to them, like all business organizations. That said, we disclose what we can consistent with standard business confidentiality provisions in vendor contracts. We cannot disclose the specific amount of spend with each vendor but we were able to disclose the names of the service providers engaged. Regarding the lobbying expenses, as you are aware, both organizations that hire lobbyists and firms that lobby on behalf of organizations are required under U.S. federal law to file lobbying disclosure reports. In addition to ICANN’s quarterly lobbying disclosures posted on our website, you can find the amounts ICANN has paid to individual outside lobbying firms at http://disclosures.house.gov/ld/ldsearch.aspx. I hope this helps and clarifies.
Thank you.
Best, Xavier
Xavier Calvez ICANN CFO 12025 Waterfront Drive, Suite 300 Los Angeles, CA 90094 Office : +1 (310) 301 5838 Mobile : +1 (805) 312 0052 Fax : +1 (310) 957-2348
From: "Schaefer, Brett" <Brett.Schaefer@heritage.org<mailto:Brett.Schaefer@heritage.org>> Date: Thursday, July 14, 2016 at 7:07 AM To: Xavier Calvez <xavier.calvez@icann.org<mailto:xavier.calvez@icann.org>> Cc: "community-finance@icann.org<mailto:community-finance@icann.org>" <community-finance@icann.org<mailto:community-finance@icann.org>>, "cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>" <cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>>, CCWG-Accountability <accountability-cross-community@icann.org<mailto:accountability-cross-community@icann.org>>, Executive Team <executive-team@icann.org<mailto:executive-team@icann.org>>, COMMS Team <commsteam@icann.org<mailto:commsteam@icann.org>>, "icann-board@icann.org<mailto:icann-board@icann.org>" <icann-board@icann.org<mailto:icann-board@icann.org>>, Finance Staff <finance-staff@icann.org<mailto:finance-staff@icann.org>> Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Xavier,
This is pretty much the same information that was provided before. I am asking for a breakdown of how much was paid to each vender in the lobbying category (Akin Gump, etc.) and the education/engagement/advice category (Albright Stoneridge, etc.).
Thank you,
Brett
On Jul 13, 2016, at 8:13 PM, Xavier J. Calvez <xavier.calvez@icann.org<mailto:xavier.calvez@icann.org>> wrote: Dear Brett, In response to your question listed below on 22 June: the detailed information provided on Other professional fees (other than legal fees, detailed in a separate section of the “Transition project cost” expense webpage, on the IANA Stewardship Transition webpage) can be found in the section called “Professional Services – Expenses Breakdown”. Within this section, you will find a link to a document that provides the list of Professional Services (other than legal fees) incurred, by category, with the names of the vendors, and the total amount of expenditures for the category. This link is copied below and was provided in my first answer to your question. I have also attached the file to which this link refers in case the link would not work for you. https://www.icann.org/en/system/files/files/iana-stewardship-expenses-profes... If this not addressing your question, please let me know.
Thank you.
Best, Xavier
Xavier Calvez ICANN CFO 12025 Waterfront Drive, Suite 300 Los Angeles, CA 90094 Office : +1 (310) 301 5838 Mobile : +1 (805) 312 0052 Fax : +1 (310) 957-2348
Brett Schaefer Jay Kingham Senior Research Fellow in International Regulatory Affairs Margaret Thatcher Center for Freedom Davis Institute for National Security and Foreign Policy The Heritage Foundation 214 Massachusetts Avenue, NE Washington, DC 20002 202-608-6097 heritage.org<http://heritage.org/> From: Xavier Calvez <xavier.calvez@icann.org<mailto:xavier.calvez@icann.org>> Date: Tuesday, July 12, 2016 at 9:45 AM To: "Schaefer, Brett" <Brett.Schaefer@heritage.org<mailto:Brett.Schaefer@heritage.org>>, "community-finance@icann.org<mailto:community-finance@icann.org>" <community-finance@icann.org<mailto:community-finance@icann.org>>, "cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>" <cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>>, CCWG-Accountability <accountability-cross-community@icann.org<mailto:accountability-cross-community@icann.org>> Cc: Executive Team <executive-team@icann.org<mailto:executive-team@icann.org>>, COMMS Team <commsteam@icann.org<mailto:commsteam@icann.org>>, "icann-board@icann.org<mailto:icann-board@icann.org>" <icann-board@icann.org<mailto:icann-board@icann.org>>, Finance Staff <finance-staff@icann.org<mailto:finance-staff@icann.org>> Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Brett, Thank you for following up. I will make sure to respond no later than the end of this week.
Thank you.
Best, Xavier
Xavier Calvez ICANN CFO 12025 Waterfront Drive, Suite 300 Los Angeles, CA 90094 Office : +1 (310) 301 5838 Mobile : +1 (805) 312 0052 Fax : +1 (310) 957-2348
From: "Schaefer, Brett" <Brett.Schaefer@heritage.org<mailto:Brett.Schaefer@heritage.org>> Date: Tuesday, July 12, 2016 at 11:38 AM To: Xavier Calvez <xavier.calvez@icann.org<mailto:xavier.calvez@icann.org>>, "community-finance@icann.org<mailto:community-finance@icann.org>" <community-finance@icann.org<mailto:community-finance@icann.org>>, "cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>" <cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>>, CCWG-Accountability <accountability-cross-community@icann.org<mailto:accountability-cross-community@icann.org>> Cc: Executive Team <executive-team@icann.org<mailto:executive-team@icann.org>>, COMMS Team <commsteam@icann.org<mailto:commsteam@icann.org>>, "icann-board@icann.org<mailto:icann-board@icann.org>" <icann-board@icann.org<mailto:icann-board@icann.org>>, Finance Staff <finance-staff@icann.org<mailto:finance-staff@icann.org>> Subject: RE: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Xavier,
Thanks for promising to get this information to me in Helsinki. Do you have an estimate for when it will be provided?
Thanks,
Brett
Brett Schaefer Jay Kingham Senior Research Fellow in International Regulatory Affairs Margaret Thatcher Center for Freedom Davis Institute for National Security and Foreign Policy The Heritage Foundation 214 Massachusetts Avenue, NE Washington, DC 20002 202-608-6097 heritage.org<http://heritage.org/> From: Schaefer, Brett Sent: Wednesday, June 22, 2016 2:39 PM To: 'Xavier J. Calvez'; community-finance@icann.org<mailto:community-finance@icann.org>; cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>; CCWG-Accountability Cc: Executive Team; COMMS Team; icann-board@icann.org<mailto:icann-board@icann.org>; Finance Staff Subject: RE: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Xavier,
I appreciate the detailed breakdown on the legal fees That is indeed what I was looking for though I would think it useful to have the totals provided in the summary document.
However, I did not see similar information for lobbying or education/ engagement/advice in the links provided. In fact, the only specific information that I saw listed is for Jamie Hedlund at $200,000. No information on other individual firms or vendors is listed at all – only the top line budget expenditure in the summary document link originally sent around.
Could you provide that information?
Thanks,
Brett
From: Xavier J. Calvez [mailto:xavier.calvez@icann.org] Sent: Wednesday, June 22, 2016 10:43 AM To: Schaefer, Brett; community-finance@icann.org<mailto:community-finance@icann.org>; cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>; CCWG-Accountability Cc: Executive Team; COMMS Team; icann-board@icann.org<mailto:icann-board@icann.org>; Finance Staff Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Dear all, It appears that the first link in my email further below (detail of legal fees by firm) does not resolve correctly. Please use the below instead. https://www.icann.org/en/system/files/files/iana-stewardship-expenses-legal-...
Thank you.
Best, Xavier
Xavier Calvez ICANN CFO 12025 Waterfront Drive, Suite 300 Los Angeles, CA 90094 Office : +1 (310) 301 5838 Mobile : +1 (805) 312 0052 Fax : +1 (310) 957-2348
From: Xavier Calvez <xavier.calvez@icann.org<mailto:xavier.calvez@icann.org>> Date: Wednesday, June 22, 2016 at 1:01 PM To: "Schaefer, Brett" <Brett.Schaefer@heritage.org<mailto:Brett.Schaefer@heritage.org>>, "community-finance@icann.org<mailto:community-finance@icann.org>" <community-finance@icann.org<mailto:community-finance@icann.org>>, "cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>" <cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>>, CCWG-Accountability <accountability-cross-community@icann.org<mailto:accountability-cross-community@icann.org>> Cc: Executive Team <executive-team@icann.org<mailto:executive-team@icann.org>>, COMMS Team <commsteam@icann.org<mailto:commsteam@icann.org>>, "icann-board@icann.org<mailto:icann-board@icann.org>" <icann-board@icann.org<mailto:icann-board@icann.org>>, Finance Staff <finance-staff@icann.org<mailto:finance-staff@icann.org>> Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Dear Brett, Thank you for your interest and question. We currently publish the list of all vendors from whom ICANN obtain services in relation to the IANA Stewardship transition. The $$ value of the services received is aggregated by category of expenses, which you mention below (US Government affairs, Education/engagement/advice,…). This presentation is driven by 2 factors: providing clarity as to the type of services received, and abiding by the contractual obligation of confidentiality in force with each of the vendors (resulting from standard business sensitive information). We do publish however the detail of the legal advice, by firm and by working group, on this same page (see for example the link to the report of fees by firm: https://www.icann.org/en/system/files/files/iana-stewardship-expenses-legal-...). You will also find more information relative to ICANN’s lobbying in the following blog published a few months ago. In this blog, you will also find links to the disclosure reports that ICANN makes on lobbying activities. https://www.icann.org/resources/pages/lobbying-disclosures-contributions-201.... Lastly, further information on lobbying appears in ICANN’s form 990 (Schedule C, Part II-B. On page 33/73 of the FY15 form 990 published at the following link): https://www.icann.org/en/system/files/files/fy-2015-form-990-10may16-en.pdf I hope this helps. Please let me know if you have further questions.
Thank you.
Best, Xavier
Xavier Calvez ICANN CFO 12025 Waterfront Drive, Suite 300 Los Angeles, CA 90094 Office : +1 (310) 301 5838 Mobile : +1 (805) 312 0052 Fax : +1 (310) 957-2348
From: "Schaefer, Brett" <Brett.Schaefer@heritage.org<mailto:Brett.Schaefer@heritage.org>> Date: Tuesday, June 21, 2016 at 9:54 PM To: Xavier Calvez <xavier.calvez@icann.org<mailto:xavier.calvez@icann.org>>, "community-finance@icann.org<mailto:community-finance@icann.org>" <community-finance@icann.org<mailto:community-finance@icann.org>>, "cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>" <cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>>, CCWG-Accountability <accountability-cross-community@icann.org<mailto:accountability-cross-community@icann.org>> Cc: Executive Team <executive-team@icann.org<mailto:executive-team@icann.org>>, COMMS Team <commsteam@icann.org<mailto:commsteam@icann.org>>, "icann-board@icann.org<mailto:icann-board@icann.org>" <icann-board@icann.org<mailto:icann-board@icann.org>>, Finance Staff <finance-staff@icann.org<mailto:finance-staff@icann.org>> Subject: RE: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Xavier,
Thank you. Could you please provide a more detailed breakdown of legal advice, US government affairs, and educations/engagement/advice? In each category, there are multiple firms/vendors listed (https://www.icann.org/en/system/files/files/iana-stewardship-expenses-profes...). I would appreciate the amount provided to each individual vendor. If it is provided somewhere, I would appreciate you letting me know where to find it.
Much appreciated,
Brett
Brett Schaefer Jay Kingham Senior Research Fellow in International Regulatory Affairs Margaret Thatcher Center for Freedom Davis Institute for National Security and Foreign Policy The Heritage Foundation 214 Massachusetts Avenue, NE Washington, DC 20002 202-608-6097 heritage.org<http://heritage.org/> From: accountability-cross-community-bounces@icann.org<mailto:accountability-cross-community-bounces@icann.org> [mailto:accountability-cross-community-bounces@icann.org] On Behalf Of Xavier J. Calvez Sent: Saturday, June 18, 2016 12:10 AM To: community-finance@icann.org<mailto:community-finance@icann.org>; cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>; CCWG-Accountability Cc: Executive Team; COMMS Team; icann-board@icann.org<mailto:icann-board@icann.org>; Finance Staff Subject: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Dear all, You find at the link below the updated project’s expenses as of FY16 Q3 (from July 2014 to March 2016). As indicated a few months ago, we have added new detailed information on the staff support with the individual positions, names and percentages of effort over the period.
https://www.icann.org/resources/pages/iana-stewardship-project-costs
Thank you.
Best, Xavier
Xavier Calvez ICANN CFO 12025 Waterfront Drive, Suite 300 Los Angeles, CA 90094 Office : +1 (310) 301 5838 Mobile : +1 (805) 312 0052 Fax : +1 (310) 957-2348
<iana-stewardship-expenses-professional-vendor-01jun16-en.pdf>
I support Phil's clarifying explanation. I also think that anyone who is in this category, should have to declare if they re also representing companies in a SO/AC. Or advising governments. In the BC, we do not allow an ICANN consultant to be a BC member, regardless of the amount, but if someone is a backdoor advisor to ICANN and also a group of entities, in a SO/AC, that would not be so obvious, but I think that for integrity sake, of course, any such entity would recuse themselves from advising companies, while also advising ICANN. And I would expect ICANN to disqualify such entities as their consultants. Thanks, Phil, for this useful clarification. M
From: psc@vlaw-dc.com To: Brett.Schaefer@heritage.org; xavier.calvez@icann.org Date: Wed, 20 Jul 2016 00:48:08 +0000 CC: cwg-stewardship@icann.org; accountability-cross-community@icann.org; icann-board@icann.org; executive-team@icann.org; commsteam@icann.org; community-finance@icann.org; finance-staff@icann.org Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
In the U.S. much of what used to be done by registered lobbyists is now performed by “strategic advisors” who walk right up to the line of what constitutes lobbying (and maybe a few inches over), and nonetheless facilitate door opening to key members of Congress and the Executive branch, and who “educate” rather than “lobby” members of both branches of government. So while the seven firms may not be engaged in what is considered lobbying under current U.S. law, they are still likely engaged in helping to assure officials outcomes desired by ICANN corporate.
It is for that reason – as well as for the exercise of effective oversight over ICANN budgeting and expenditures – that the community should have more data on this. If ICANN is prohibited by its contracts with these firms from disclosing its expenditures that is unfortunate – and in the future I would hope that ICANN would tell any firms being considered for such duties that its own transparency obligations to the community preclude it from agreeing to such restrictions (I’d wager that the majority of the firms would waive confidentiality rather than lose the contract).
At a minimum, ICANN should disclose the aggregate amounts spent with these seven firms since they were engaged – surely their contracts don’t bar such aggregate reporting.
Philip S. Corwin, Founding Principal Virtualaw LLC 1155 F Street, NW Suite 1050 Washington, DC 20004 202-559-8597/Direct 202-559-8750/Fax 202-255-6172/Cell
Twitter: @VlawDC
"Luck is the residue of design" -- Branch Rickey
From: accountability-cross-community-bounces@icann.org [mailto:accountability-cross-community-bounces@icann.org] On Behalf Of Schaefer, Brett
Sent: Tuesday, July 19, 2016 1:04 PM
To: Xavier J. Calvez
Cc: cwg-stewardship@icann.org; CCWG-Accountability; icann-board@icann.org; Executive Team; COMMS Team; community-finance@icann.org; Finance Staff
Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Xavier,
Are you saying that ICANN’s contracts for Education/Engagement/Advice with (1) Albright Stonebridge Group LLC, (2) Edelman, (3) Interface Media, (4) Rice Hadley Gates LLC, (5) Summit Strategies International LLC, (6) WBC Global, and (7) Wiley Rein LLP each contain confidentiality provisions that prohibit ICANN from disclosing the specific amount paid to each of these individual vendors?
Does this only apply to the CCWG and the public or does it also apply to other parts of the ICANN community, specifically the Supporting Organizations and Advisory Committees?
Thank you for the link on lobbying disclosures. For those who are interested, here are ICANN’s lobbying expenditures based on the disclosure website of the U.S. Congress.
I do have a couple of additional questions. Would this source capture lobbying exclusively directed toward the US Executive Branch? Has ICANN spent any funds during this period lobbying governments other than the US?
Thank you,
Brett
Brett Schaefer
Jay Kingham Senior Research Fellow in International Regulatory Affairs
Margaret Thatcher Center for Freedom Davis Institute for National Security and Foreign Policy
The Heritage Foundation
214 Massachusetts Avenue, NE
Washington, DC 20002
202-608-6097
heritage.org
From: Xavier J. Calvez [mailto:xavier.calvez@icann.org]
Sent: Monday, July 18, 2016 6:30 PM
To: Schaefer, Brett
Cc: community-finance@icann.org; cwg-stewardship@icann.org; CCWG-Accountability; Executive Team; COMMS Team; icann-board@icann.org; Finance Staff
Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Brett, Yes, the information I provided in my latest email had been included in some previous communication. I just wanted to make sure you had a clear visibility on this information, which provides for (i) categories of expenses, (ii) the individual names of the vendors grouped for each category, and (iii) the total value of the expenses for each category. With respect to the contractual obligations of confidentiality in commercial contracts, ICANN is subject to them, like all business organizations. That said, we disclose what we can consistent with standard business confidentiality provisions in vendor contracts. We cannot disclose the specific amount of spend with each vendor but we were able to disclose the names of the service providers engaged. Regarding the lobbying expenses, as you are aware, both organizations that hire lobbyists and firms that lobby on behalf of organizations are required under U.S. federal law to file lobbying disclosure reports. In addition to ICANN’s quarterly lobbying disclosures posted on our website, you can find the amounts ICANN has paid to individual outside lobbying firms at http://disclosures.house.gov/ld/ldsearch.aspx. I hope this helps and clarifies.
Thank you.
Best,
Xavier
Xavier Calvez
ICANN
CFO
12025 Waterfront Drive, Suite 300
Los Angeles, CA 90094
Office : +1 (310) 301 5838
Mobile : +1 (805) 312 0052
Fax : +1 (310) 957-2348
From: "Schaefer, Brett" <Brett.Schaefer@heritage.org>
Date: Thursday, July 14, 2016 at 7:07 AM
To: Xavier Calvez <xavier.calvez@icann.org>
Cc: "community-finance@icann.org" <community-finance@icann.org>, "cwg-stewardship@icann.org" <cwg-stewardship@icann.org>, CCWG-Accountability <accountability-cross-community@icann.org>, Executive Team <executive-team@icann.org>, COMMS Team <commsteam@icann.org>, "icann-board@icann.org" <icann-board@icann.org>, Finance Staff <finance-staff@icann.org>
Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Xavier,
This is pretty much the same information that was provided before. I am asking for a breakdown of how much was paid to each vender in the lobbying category (Akin Gump, etc.) and the education/engagement/advice category (Albright Stoneridge, etc.).
Thank you,
Brett
On Jul 13, 2016, at 8:13 PM, Xavier J. Calvez <xavier.calvez@icann.org> wrote:
Dear Brett, In response to your question listed below on 22 June: the detailed information provided on Other professional fees (other than legal fees, detailed in a separate section of the “Transition project cost” expense webpage, on the IANA Stewardship Transition webpage) can be found in the section called “Professional Services – Expenses Breakdown”. Within this section, you will find a link to a document that provides the list of Professional Services (other than legal fees) incurred, by category, with the names of the vendors, and the total amount of expenditures for the category. This link is copied below and was provided in my first answer to your question. I have also attached the file to which this link refers in case the link would not work for you. https://www.icann.org/en/system/files/files/iana-stewardship-expenses-profes... If this not addressing your question, please let me know.
Thank you.
Best,
Xavier
Xavier Calvez
ICANN
CFO
12025 Waterfront Drive, Suite 300
Los Angeles, CA 90094
Office : +1 (310) 301 5838
Mobile : +1 (805) 312 0052
Fax : +1 (310) 957-2348
Brett Schaefer
Jay Kingham Senior Research Fellow in International Regulatory Affairs
Margaret Thatcher Center for Freedom Davis Institute for National Security and Foreign Policy
The Heritage Foundation
214 Massachusetts Avenue, NE
Washington, DC 20002
202-608-6097
heritage.org
From: Xavier Calvez <xavier.calvez@icann.org>
Date: Tuesday, July 12, 2016 at 9:45 AM
To: "Schaefer, Brett" <Brett.Schaefer@heritage.org>, "community-finance@icann.org" <community-finance@icann.org>, "cwg-stewardship@icann.org" <cwg-stewardship@icann.org>, CCWG-Accountability <accountability-cross-community@icann.org>
Cc: Executive Team <executive-team@icann.org>, COMMS Team <commsteam@icann.org>, "icann-board@icann.org" <icann-board@icann.org>, Finance Staff <finance-staff@icann.org>
Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Brett, Thank you for following up. I will make sure to respond no later than the end of this week.
Thank you.
Best,
Xavier
Xavier Calvez
ICANN
CFO
12025 Waterfront Drive, Suite 300
Los Angeles, CA 90094
Office : +1 (310) 301 5838
Mobile : +1 (805) 312 0052
Fax : +1 (310) 957-2348
From: "Schaefer, Brett" <Brett.Schaefer@heritage.org>
Date: Tuesday, July 12, 2016 at 11:38 AM
To: Xavier Calvez <xavier.calvez@icann.org>, "community-finance@icann.org" <community-finance@icann.org>, "cwg-stewardship@icann.org" <cwg-stewardship@icann.org>, CCWG-Accountability <accountability-cross-community@icann.org>
Cc: Executive Team <executive-team@icann.org>, COMMS Team <commsteam@icann.org>, "icann-board@icann.org" <icann-board@icann.org>, Finance Staff <finance-staff@icann.org>
Subject: RE: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Xavier,
Thanks for promising to get this information to me in Helsinki. Do you have an estimate for when it will be provided?
Thanks,
Brett
Brett Schaefer
Jay Kingham Senior Research Fellow in International Regulatory Affairs
Margaret Thatcher Center for Freedom Davis Institute for National Security and Foreign Policy
The Heritage Foundation
214 Massachusetts Avenue, NE
Washington, DC 20002
202-608-6097
heritage.org
From: Schaefer, Brett
Sent: Wednesday, June 22, 2016 2:39 PM
To: 'Xavier J. Calvez'; community-finance@icann.org; cwg-stewardship@icann.org; CCWG-Accountability
Cc: Executive Team; COMMS Team; icann-board@icann.org; Finance Staff
Subject: RE: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Xavier,
I appreciate the detailed breakdown on the legal fees That is indeed what I was looking for though I would think it useful to have the totals provided in the summary document.
However, I did not see similar information for lobbying or education/ engagement/advice in the links provided. In fact, the only specific information that I saw listed is for Jamie Hedlund at $200,000. No information on other individual firms or vendors is listed at all – only the top line budget expenditure in the summary document link originally sent around.
Could you provide that information?
Thanks,
Brett
From: Xavier J. Calvez [mailto:xavier.calvez@icann.org]
Sent: Wednesday, June 22, 2016 10:43 AM
To: Schaefer, Brett; community-finance@icann.org; cwg-stewardship@icann.org; CCWG-Accountability
Cc: Executive Team; COMMS Team; icann-board@icann.org; Finance Staff
Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Dear all, It appears that the first link in my email further below (detail of legal fees by firm) does not resolve correctly. Please use the below instead. https://www.icann.org/en/system/files/files/iana-stewardship-expenses-legal-...
Thank you.
Best,
Xavier
Xavier Calvez
ICANN
CFO
12025 Waterfront Drive, Suite 300
Los Angeles, CA 90094
Office : +1 (310) 301 5838
Mobile : +1 (805) 312 0052
Fax : +1 (310) 957-2348
From: Xavier Calvez <xavier.calvez@icann.org>
Date: Wednesday, June 22, 2016 at 1:01 PM
To: "Schaefer, Brett" <Brett.Schaefer@heritage.org>, "community-finance@icann.org" <community-finance@icann.org>, "cwg-stewardship@icann.org" <cwg-stewardship@icann.org>, CCWG-Accountability <accountability-cross-community@icann.org>
Cc: Executive Team <executive-team@icann.org>, COMMS Team <commsteam@icann.org>, "icann-board@icann.org" <icann-board@icann.org>, Finance Staff <finance-staff@icann.org>
Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Dear Brett, Thank you for your interest and question. We currently publish the list of all vendors from whom ICANN obtain services in relation to the IANA Stewardship transition. The $$ value of the services received is aggregated by category of expenses, which you mention below (US Government affairs, Education/engagement/advice,…). This presentation is driven by 2 factors: providing clarity as to the type of services received, and abiding by the contractual obligation of confidentiality in force with each of the vendors (resulting from standard business sensitive information). We do publish however the detail of the legal advice, by firm and by working group, on this same page (see for example the link to the report of fees by firm: https://www.icann.org/en/system/files/files/iana-stewardship-expenses-legal-...). You will also find more information relative to ICANN’s lobbying in the following blog published a few months ago. In this blog, you will also find links to the disclosure reports that ICANN makes on lobbying activities. https://www.icann.org/resources/pages/lobbying-disclosures-contributions-201.... Lastly, further information on lobbying appears in ICANN’s form 990 (Schedule C, Part II-B. On page 33/73 of the FY15 form 990 published at the following link): https://www.icann.org/en/system/files/files/fy-2015-form-990-10may16-en.pdf
I hope this helps. Please let me know if you have further questions.
Thank you.
Best,
Xavier
Xavier Calvez
ICANN
CFO
12025 Waterfront Drive, Suite 300
Los Angeles, CA 90094
Office : +1 (310) 301 5838
Mobile : +1 (805) 312 0052
Fax : +1 (310) 957-2348
From: "Schaefer, Brett" <Brett.Schaefer@heritage.org>
Date: Tuesday, June 21, 2016 at 9:54 PM
To: Xavier Calvez <xavier.calvez@icann.org>, "community-finance@icann.org" <community-finance@icann.org>, "cwg-stewardship@icann.org" <cwg-stewardship@icann.org>, CCWG-Accountability <accountability-cross-community@icann.org>
Cc: Executive Team <executive-team@icann.org>, COMMS Team <commsteam@icann.org>, "icann-board@icann.org" <icann-board@icann.org>, Finance Staff <finance-staff@icann.org>
Subject: RE: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Xavier,
Thank you. Could you please provide a more detailed breakdown of legal advice, US government affairs, and educations/engagement/advice? In each category, there are multiple firms/vendors listed (https://www.icann.org/en/system/files/files/iana-stewardship-expenses-profes...). I would appreciate the amount provided to each individual vendor. If it is provided somewhere, I would appreciate you letting me know where to find it.
Much appreciated,
Brett
Brett Schaefer
Jay Kingham Senior Research Fellow in International Regulatory Affairs
Margaret Thatcher Center for Freedom Davis Institute for National Security and Foreign Policy
The Heritage Foundation
214 Massachusetts Avenue, NE
Washington, DC 20002
202-608-6097
heritage.org
From: accountability-cross-community-bounces@icann.org [mailto:accountability-cross-community-bounces@icann.org] On Behalf Of Xavier J. Calvez
Sent: Saturday, June 18, 2016 12:10 AM
To: community-finance@icann.org; cwg-stewardship@icann.org; CCWG-Accountability
Cc: Executive Team; COMMS Team; icann-board@icann.org; Finance Staff
Subject: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Dear all, You find at the link below the updated project’s expenses as of FY16 Q3 (from July 2014 to March 2016). As indicated a few months ago, we have added new detailed information on the staff support with the individual positions, names and percentages of effort over the period.
https://www.icann.org/resources/pages/iana-stewardship-project-costs
Thank you.
Best,
Xavier
Xavier Calvez
ICANN
CFO
12025 Waterfront Drive, Suite 300
Los Angeles, CA 90094
Office : +1 (310) 301 5838
Mobile : +1 (805) 312 0052
Fax : +1 (310) 957-2348
<iana-stewardship-expenses-professional-vendor-01jun16-en.pdf>
Accountability-Cross-Community mailing list Accountability-Cross-Community@icann.org https://mm.icann.org/mailman/listinfo/accountability-cross-community
I agree completely with Marilyn and Phil. I have been on both sides of non-disclosure agreements - both ones requested by me and ones requested by my clients. Typically, a client (in the position of ICANN) may request that a consultant sign an NDA so as to protect the confidentiality of its efforts or its intellectual property. Sometimes a consultant might have a proprietary methodology or process that they are using on behalf of the client that they wish to protect.
Neither circumstance applies here that I can see. And in no case that I am aware of has a client ever asked me to keep confidential my fee . I don't broadcast them, but I'm in the private sector. For ICANN, which is an NGO acting in the global public interest, I cannot see any reason at all why ICANN would want or agree to a confidentiality arrangement as to the size of the fee paid.
Xavier - can you tell us what the rationale is? I may be missing something ...
Thanks
Paul
Paul Rosenzweig
<mailto:paul.rosenzweig@redbranchconsulting.com> paul.rosenzweig@redbranchconsulting.com
O: +1 (202) 547-0660
M: +1 (202) 329-9650
VOIP: +1 (202) 738-1739
<http://www.redbranchconsulting.com/> www.redbranchconsulting.com
My PGP Key: <http://redbranchconsulting.com/who-we-are/public-pgp-key/> http://redbranchconsulting.com/who-we-are/public-pgp-key/
From: accountability-cross-community-bounces@icann.org [mailto:accountability-cross-community-bounces@icann.org] On Behalf Of Marilyn Cade Sent: Wednesday, July 20, 2016 9:05 AM To: Phil Corwin <psc@vlaw-dc.com>; Schaefer, Brett <brett.schaefer@heritage.org>; Xavier J. Calvez <xavier.calvez@icann.org> Cc: cwg-stewardship@icann.org; CCWG-Accountability <accountability-cross-community@icann.org>; icann-board@icann.org; Executive Team <executive-team@icann.org>; COMMS Team <commsteam@icann.org>; community-finance@icann.org; Finance Staff <finance-staff@icann.org> Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
I support Phil's clarifying explanation.
I also think that anyone who is in this category, should have to declare if they re also representing companies in a SO/AC.
Or advising governments.
In the BC, we do not allow an ICANN consultant to be a BC member, regardless of the amount, but if someone is a backdoor advisor to ICANN and also a group of entities, in a SO/AC, that would not be so obvious, but I think that for integrity sake, of course, any such entity would recuse themselves from advising companies, while also advising ICANN.
And I would expect ICANN to disqualify such entities as their consultants.
Thanks, Phil, for this useful clarification.
M
From: psc@vlaw-dc.com <mailto:psc@vlaw-dc.com> To: Brett.Schaefer@heritage.org <mailto:Brett.Schaefer@heritage.org> ; xavier.calvez@icann.org <mailto:xavier.calvez@icann.org> Date: Wed, 20 Jul 2016 00:48:08 +0000 CC: cwg-stewardship@icann.org <mailto:cwg-stewardship@icann.org> ; accountability-cross-community@icann.org <mailto:accountability-cross-community@icann.org> ; icann-board@icann.org <mailto:icann-board@icann.org> ; executive-team@icann.org <mailto:executive-team@icann.org> ; commsteam@icann.org <mailto:commsteam@icann.org> ; community-finance@icann.org <mailto:community-finance@icann.org> ; finance-staff@icann.org <mailto:finance-staff@icann.org> Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
In the U.S. much of what used to be done by registered lobbyists is now performed by "strategic advisors" who walk right up to the line of what constitutes lobbying (and maybe a few inches over), and nonetheless facilitate door opening to key members of Congress and the Executive branch, and who "educate" rather than "lobby" members of both branches of government. So while the seven firms may not be engaged in what is considered lobbying under current U.S. law, they are still likely engaged in helping to assure officials outcomes desired by ICANN corporate.
It is for that reason - as well as for the exercise of effective oversight over ICANN budgeting and expenditures - that the community should have more data on this. If ICANN is prohibited by its contracts with these firms from disclosing its expenditures that is unfortunate - and in the future I would hope that ICANN would tell any firms being considered for such duties that its own transparency obligations to the community preclude it from agreeing to such restrictions (I'd wager that the majority of the firms would waive confidentiality rather than lose the contract).
At a minimum, ICANN should disclose the aggregate amounts spent with these seven firms since they were engaged - surely their contracts don't bar such aggregate reporting.
Philip S. Corwin, Founding Principal
Virtualaw LLC
1155 F Street, NW
Suite 1050
Washington, DC 20004
202-559-8597/Direct
202-559-8750/Fax
202-255-6172/Cell
Twitter: @VlawDC
"Luck is the residue of design" -- Branch Rickey
From: accountability-cross-community-bounces@icann.org <mailto:accountability-cross-community-bounces@icann.org> [mailto:accountability-cross-community-bounces@icann.org] On Behalf Of Schaefer, Brett Sent: Tuesday, July 19, 2016 1:04 PM To: Xavier J. Calvez Cc: cwg-stewardship@icann.org <mailto:cwg-stewardship@icann.org> ; CCWG-Accountability; icann-board@icann.org <mailto:icann-board@icann.org> ; Executive Team; COMMS Team; community-finance@icann.org <mailto:community-finance@icann.org> ; Finance Staff Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Xavier,
Are you saying that ICANN's contracts for Education/Engagement/Advice with (1) Albright Stonebridge Group LLC, (2) Edelman, (3) Interface Media, (4) Rice Hadley Gates LLC, (5) Summit Strategies International LLC, (6) WBC Global, and (7) Wiley Rein LLP each contain confidentiality provisions that prohibit ICANN from disclosing the specific amount paid to each of these individual vendors?
Does this only apply to the CCWG and the public or does it also apply to other parts of the ICANN community, specifically the Supporting Organizations and Advisory Committees?
Thank you for the link on lobbying disclosures. For those who are interested, here are ICANN's lobbying expenditures based on the disclosure website of the U.S. Congress.
I do have a couple of additional questions. Would this source capture lobbying exclusively directed toward the US Executive Branch? Has ICANN spent any funds during this period lobbying governments other than the US?
Thank you,
Brett
Brett Schaefer Jay Kingham Senior Research Fellow in International Regulatory Affairs Margaret Thatcher Center for Freedom Davis Institute for National Security and Foreign Policy The Heritage Foundation 214 Massachusetts Avenue, NE Washington, DC 20002 202-608-6097 <http://heritage.org/> heritage.org
From: Xavier J. Calvez [mailto:xavier.calvez@icann.org] Sent: Monday, July 18, 2016 6:30 PM To: Schaefer, Brett Cc: community-finance@icann.org <mailto:community-finance@icann.org> ; cwg-stewardship@icann.org <mailto:cwg-stewardship@icann.org> ; CCWG-Accountability; Executive Team; COMMS Team; icann-board@icann.org <mailto:icann-board@icann.org> ; Finance Staff Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Brett,
Yes, the information I provided in my latest email had been included in some previous communication. I just wanted to make sure you had a clear visibility on this information, which provides for (i) categories of expenses, (ii) the individual names of the vendors grouped for each category, and (iii) the total value of the expenses for each category.
With respect to the contractual obligations of confidentiality in commercial contracts, ICANN is subject to them, like all business organizations. That said, we disclose what we can consistent with standard business confidentiality provisions in vendor contracts. We cannot disclose the specific amount of spend with each vendor but we were able to disclose the names of the service providers engaged.
Regarding the lobbying expenses, as you are aware, both organizations that hire lobbyists and firms that lobby on behalf of organizations are required under U.S. federal law to file lobbying disclosure reports. In addition to ICANN's quarterly lobbying disclosures posted on our website, you can find the amounts ICANN has paid to individual outside lobbying firms at http://disclosures.house.gov/ld/ldsearch.aspx.
I hope this helps and clarifies.
Thank you.
Best,
Xavier
Xavier Calvez
ICANN
CFO
12025 Waterfront Drive, Suite 300
Los Angeles, CA 90094
Office : +1 (310) 301 5838
Mobile : +1 (805) 312 0052
Fax : +1 (310) 957-2348
From: "Schaefer, Brett" <Brett.Schaefer@heritage.org <mailto:Brett.Schaefer@heritage.org> > Date: Thursday, July 14, 2016 at 7:07 AM To: Xavier Calvez <xavier.calvez@icann.org <mailto:xavier.calvez@icann.org>
Cc: "community-finance@icann.org <mailto:community-finance@icann.org> " <community-finance@icann.org <mailto:community-finance@icann.org> >, "cwg-stewardship@icann.org <mailto:cwg-stewardship@icann.org> " <cwg-stewardship@icann.org <mailto:cwg-stewardship@icann.org> >, CCWG-Accountability <accountability-cross-community@icann.org <mailto:accountability-cross-community@icann.org> >, Executive Team <executive-team@icann.org <mailto:executive-team@icann.org> >, COMMS Team <commsteam@icann.org <mailto:commsteam@icann.org> >, "icann-board@icann.org <mailto:icann-board@icann.org> " <icann-board@icann.org <mailto:icann-board@icann.org> >, Finance Staff <finance-staff@icann.org <mailto:finance-staff@icann.org> > Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Xavier,
This is pretty much the same information that was provided before. I am asking for a breakdown of how much was paid to each vender in the lobbying category (Akin Gump, etc.) and the education/engagement/advice category (Albright Stoneridge, etc.).
Thank you,
Brett
On Jul 13, 2016, at 8:13 PM, Xavier J. Calvez <xavier.calvez@icann.org <mailto:xavier.calvez@icann.org> > wrote:
Dear Brett,
In response to your question listed below on 22 June: the detailed information provided on Other professional fees (other than legal fees, detailed in a separate section of the "Transition project cost" expense webpage, on the IANA Stewardship Transition webpage) can be found in the section called "Professional Services - Expenses Breakdown". Within this section, you will find a link to a document that provides the list of Professional Services (other than legal fees) incurred, by category, with the names of the vendors, and the total amount of expenditures for the category.
This link is copied below and was provided in my first answer to your question. I have also attached the file to which this link refers in case the link would not work for you.
<https://www.icann.org/en/system/files/files/iana-stewardship-expenses-profe ssional-vendor-01jun16-en.pdf> https://www.icann.org/en/system/files/files/iana-stewardship-expenses-profes sional-vendor-01jun16-en.pdf
If this not addressing your question, please let me know.
Thank you.
Best,
Xavier
Xavier Calvez
ICANN
CFO
12025 Waterfront Drive, Suite 300
Los Angeles, CA 90094
Office : +1 (310) 301 5838
Mobile : +1 (805) 312 0052
Fax : +1 (310) 957-2348
Brett Schaefer Jay Kingham Senior Research Fellow in International Regulatory Affairs Margaret Thatcher Center for Freedom Davis Institute for National Security and Foreign Policy The Heritage Foundation 214 Massachusetts Avenue, NE Washington, DC 20002 202-608-6097 <http://heritage.org/> heritage.org
From: Xavier Calvez <xavier.calvez@icann.org <mailto:xavier.calvez@icann.org> > Date: Tuesday, July 12, 2016 at 9:45 AM To: "Schaefer, Brett" <Brett.Schaefer@heritage.org <mailto:Brett.Schaefer@heritage.org> >, "community-finance@icann.org <mailto:community-finance@icann.org> " <community-finance@icann.org <mailto:community-finance@icann.org> >, "cwg-stewardship@icann.org <mailto:cwg-stewardship@icann.org> " <cwg-stewardship@icann.org <mailto:cwg-stewardship@icann.org> >, CCWG-Accountability <accountability-cross-community@icann.org <mailto:accountability-cross-community@icann.org> > Cc: Executive Team <executive-team@icann.org <mailto:executive-team@icann.org> >, COMMS Team <commsteam@icann.org <mailto:commsteam@icann.org> >, "icann-board@icann.org <mailto:icann-board@icann.org> " <icann-board@icann.org <mailto:icann-board@icann.org> >, Finance Staff <finance-staff@icann.org <mailto:finance-staff@icann.org> > Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Brett,
Thank you for following up.
I will make sure to respond no later than the end of this week.
Thank you.
Best,
Xavier
Xavier Calvez
ICANN
CFO
12025 Waterfront Drive, Suite 300
Los Angeles, CA 90094
Office : +1 (310) 301 5838
Mobile : +1 (805) 312 0052
Fax : +1 (310) 957-2348
From: "Schaefer, Brett" <Brett.Schaefer@heritage.org <mailto:Brett.Schaefer@heritage.org> > Date: Tuesday, July 12, 2016 at 11:38 AM To: Xavier Calvez <xavier.calvez@icann.org <mailto:xavier.calvez@icann.org>
, "community-finance@icann.org <mailto:community-finance@icann.org> " <community-finance@icann.org <mailto:community-finance@icann.org> >, "cwg-stewardship@icann.org <mailto:cwg-stewardship@icann.org> " <cwg-stewardship@icann.org <mailto:cwg-stewardship@icann.org> >, CCWG-Accountability <accountability-cross-community@icann.org <mailto:accountability-cross-community@icann.org> > Cc: Executive Team <executive-team@icann.org <mailto:executive-team@icann.org> >, COMMS Team <commsteam@icann.org <mailto:commsteam@icann.org> >, "icann-board@icann.org <mailto:icann-board@icann.org> " <icann-board@icann.org <mailto:icann-board@icann.org> >, Finance Staff <finance-staff@icann.org <mailto:finance-staff@icann.org> > Subject: RE: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Xavier,
Thanks for promising to get this information to me in Helsinki. Do you have an estimate for when it will be provided?
Thanks,
Brett
Brett Schaefer Jay Kingham Senior Research Fellow in International Regulatory Affairs Margaret Thatcher Center for Freedom Davis Institute for National Security and Foreign Policy The Heritage Foundation 214 Massachusetts Avenue, NE Washington, DC 20002 202-608-6097 <http://heritage.org/> heritage.org
From: Schaefer, Brett Sent: Wednesday, June 22, 2016 2:39 PM To: 'Xavier J. Calvez'; community-finance@icann.org <mailto:community-finance@icann.org> ; cwg-stewardship@icann.org <mailto:cwg-stewardship@icann.org> ; CCWG-Accountability Cc: Executive Team; COMMS Team; icann-board@icann.org <mailto:icann-board@icann.org> ; Finance Staff Subject: RE: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Xavier,
I appreciate the detailed breakdown on the legal fees That is indeed what I was looking for though I would think it useful to have the totals provided in the summary document.
However, I did not see similar information for lobbying or education/ engagement/advice in the links provided. In fact, the only specific information that I saw listed is for Jamie Hedlund at $200,000. No information on other individual firms or vendors is listed at all - only the top line budget expenditure in the summary document link originally sent around.
Could you provide that information?
Thanks,
Brett
From: Xavier J. Calvez [mailto:xavier.calvez@icann.org] Sent: Wednesday, June 22, 2016 10:43 AM To: Schaefer, Brett; community-finance@icann.org <mailto:community-finance@icann.org> ; cwg-stewardship@icann.org <mailto:cwg-stewardship@icann.org> ; CCWG-Accountability Cc: Executive Team; COMMS Team; icann-board@icann.org <mailto:icann-board@icann.org> ; Finance Staff Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Dear all,
It appears that the first link in my email further below (detail of legal fees by firm) does not resolve correctly. Please use the below instead.
https://www.icann.org/en/system/files/files/iana-stewardship-expenses-legal- firm-fy16-01jun16-en.pdf
Thank you.
Best,
Xavier
Xavier Calvez
ICANN
CFO
12025 Waterfront Drive, Suite 300
Los Angeles, CA 90094
Office : +1 (310) 301 5838
Mobile : +1 (805) 312 0052
Fax : +1 (310) 957-2348
From: Xavier Calvez <xavier.calvez@icann.org <mailto:xavier.calvez@icann.org> > Date: Wednesday, June 22, 2016 at 1:01 PM To: "Schaefer, Brett" <Brett.Schaefer@heritage.org <mailto:Brett.Schaefer@heritage.org> >, "community-finance@icann.org <mailto:community-finance@icann.org> " <community-finance@icann.org <mailto:community-finance@icann.org> >, "cwg-stewardship@icann.org <mailto:cwg-stewardship@icann.org> " <cwg-stewardship@icann.org <mailto:cwg-stewardship@icann.org> >, CCWG-Accountability <accountability-cross-community@icann.org <mailto:accountability-cross-community@icann.org> > Cc: Executive Team <executive-team@icann.org <mailto:executive-team@icann.org> >, COMMS Team <commsteam@icann.org <mailto:commsteam@icann.org> >, "icann-board@icann.org <mailto:icann-board@icann.org> " <icann-board@icann.org <mailto:icann-board@icann.org> >, Finance Staff <finance-staff@icann.org <mailto:finance-staff@icann.org> > Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Dear Brett,
Thank you for your interest and question.
We currently publish the list of all vendors from whom ICANN obtain services in relation to the IANA Stewardship transition. The $$ value of the services received is aggregated by category of expenses, which you mention below (US Government affairs, Education/engagement/advice,.). This presentation is driven by 2 factors: providing clarity as to the type of services received, and abiding by the contractual obligation of confidentiality in force with each of the vendors (resulting from standard business sensitive information).
We do publish however the detail of the legal advice, by firm and by working group, on this same page (see for example the link to the report of fees by firm: https://www.icann.org/en/system/files/files/iana-stewardship-expenses-legal- firm-fy16-01jun16-en.pdf) <https://www.icann.org/en/system/files/files/iana-stewardship-expenses-legal -firm-fy16-01jun16-en.pdf%29> .
You will also find more information relative to ICANN's lobbying in the following blog published a few months ago. In this blog, you will also find links to the disclosure reports that ICANN makes on lobbying activities.
https://www.icann.org/resources/pages/lobbying-disclosures-contributions-201 5-11-18-en.
Lastly, further information on lobbying appears in ICANN's form 990 (Schedule C, Part II-B. On page 33/73 of the FY15 form 990 published at the following link):
https://www.icann.org/en/system/files/files/fy-2015-form-990-10may16-en.pdf
I hope this helps. Please let me know if you have further questions.
Thank you.
Best,
Xavier
Xavier Calvez
ICANN
CFO
12025 Waterfront Drive, Suite 300
Los Angeles, CA 90094
Office : +1 (310) 301 5838
Mobile : +1 (805) 312 0052
Fax : +1 (310) 957-2348
From: "Schaefer, Brett" <Brett.Schaefer@heritage.org <mailto:Brett.Schaefer@heritage.org> > Date: Tuesday, June 21, 2016 at 9:54 PM To: Xavier Calvez <xavier.calvez@icann.org <mailto:xavier.calvez@icann.org>
, "community-finance@icann.org <mailto:community-finance@icann.org> " <community-finance@icann.org <mailto:community-finance@icann.org> >, "cwg-stewardship@icann.org <mailto:cwg-stewardship@icann.org> " <cwg-stewardship@icann.org <mailto:cwg-stewardship@icann.org> >, CCWG-Accountability <accountability-cross-community@icann.org <mailto:accountability-cross-community@icann.org> > Cc: Executive Team <executive-team@icann.org <mailto:executive-team@icann.org> >, COMMS Team <commsteam@icann.org <mailto:commsteam@icann.org> >, "icann-board@icann.org <mailto:icann-board@icann.org> " <icann-board@icann.org <mailto:icann-board@icann.org> >, Finance Staff <finance-staff@icann.org <mailto:finance-staff@icann.org> > Subject: RE: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Xavier,
Thank you. Could you please provide a more detailed breakdown of legal advice, US government affairs, and educations/engagement/advice? In each category, there are multiple firms/vendors listed (https://www.icann.org/en/system/files/files/iana-stewardship-expenses-profe ssional-vendor-01jun16-en.pdf). I would appreciate the amount provided to each individual vendor. If it is provided somewhere, I would appreciate you letting me know where to find it.
Much appreciated,
Brett
Brett Schaefer Jay Kingham Senior Research Fellow in International Regulatory Affairs Margaret Thatcher Center for Freedom Davis Institute for National Security and Foreign Policy The Heritage Foundation 214 Massachusetts Avenue, NE Washington, DC 20002 202-608-6097 <http://heritage.org/> heritage.org
From: accountability-cross-community-bounces@icann.org <mailto:accountability-cross-community-bounces@icann.org> [mailto:accountability-cross-community-bounces@icann.org] On Behalf Of Xavier J. Calvez Sent: Saturday, June 18, 2016 12:10 AM To: community-finance@icann.org <mailto:community-finance@icann.org> ; cwg-stewardship@icann.org <mailto:cwg-stewardship@icann.org> ; CCWG-Accountability Cc: Executive Team; COMMS Team; icann-board@icann.org <mailto:icann-board@icann.org> ; Finance Staff Subject: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Dear all,
You find at the link below the updated project's expenses as of FY16 Q3 (from July 2014 to March 2016). As indicated a few months ago, we have added new detailed information on the staff support with the individual positions, names and percentages of effort over the period.
https://www.icann.org/resources/pages/iana-stewardship-project-costs
Thank you.
Best,
Xavier
Xavier Calvez
ICANN
CFO
12025 Waterfront Drive, Suite 300
Los Angeles, CA 90094
Office : +1 (310) 301 5838
Mobile : +1 (805) 312 0052
Fax : +1 (310) 957-2348
<iana-stewardship-expenses-professional-vendor-01jun16-en.pdf>
Accountability-Cross-Community mailing list Accountability-Cross-Community@icann.org <mailto:Accountability-Cross-Community@icann.org> https://mm.icann.org/mailman/listinfo/accountability-cross-community
I don't believe that 501(c)3 orgs can consider any consulting fees confidential as the top fees are required to be reported on the 990.
Lori
Lori S. Schulman Senior Director, Internet Policy International Trademark Association (INTA) +1-202-704-0408, Skype: lsschulman
From: accountability-cross-community-bounces@icann.org [mailto:accountability-cross-community-bounces@icann.org] On Behalf Of Paul Rosenzweig Sent: Wednesday, July 20, 2016 10:16 AM To: 'Marilyn Cade' <marilynscade@hotmail.com>; 'Phil Corwin' <psc@vlaw-dc.com>; 'Schaefer, Brett' <brett.schaefer@heritage.org>; 'Xavier J. Calvez' <xavier.calvez@icann.org> Cc: cwg-stewardship@icann.org; 'CCWG-Accountability' <accountability-cross-community@icann.org>; icann-board@icann.org; 'Executive Team' <executive-team@icann.org>; 'COMMS Team' <commsteam@icann.org>; community-finance@icann.org; 'Finance Staff' <finance-staff@icann.org> Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
I agree completely with Marilyn and Phil. I have been on both sides of non-disclosure agreements - both ones requested by me and ones requested by my clients. Typically, a client (in the position of ICANN) may request that a consultant sign an NDA so as to protect the confidentiality of its efforts or its intellectual property. Sometimes a consultant might have a proprietary methodology or process that they are using on behalf of the client that they wish to protect.
Neither circumstance applies here that I can see. And in no case that I am aware of has a client ever asked me to keep confidential my fee ... I don't broadcast them, but I'm in the private sector. For ICANN, which is an NGO acting in the global public interest, I cannot see any reason at all why ICANN would want or agree to a confidentiality arrangement as to the size of the fee paid.
Xavier - can you tell us what the rationale is? I may be missing something .....
Thanks Paul
Paul Rosenzweig paul.rosenzweig@redbranchconsulting.com<mailto:paul.rosenzweig@redbranchconsulting.com> O: +1 (202) 547-0660 M: +1 (202) 329-9650 VOIP: +1 (202) 738-1739 www.redbranchconsulting.com<http://www.redbranchconsulting.com/> My PGP Key: http://redbranchconsulting.com/who-we-are/public-pgp-key/
From: accountability-cross-community-bounces@icann.org<mailto:accountability-cross-community-bounces@icann.org> [mailto:accountability-cross-community-bounces@icann.org] On Behalf Of Marilyn Cade Sent: Wednesday, July 20, 2016 9:05 AM To: Phil Corwin <psc@vlaw-dc.com<mailto:psc@vlaw-dc.com>>; Schaefer, Brett <brett.schaefer@heritage.org<mailto:brett.schaefer@heritage.org>>; Xavier J. Calvez <xavier.calvez@icann.org<mailto:xavier.calvez@icann.org>> Cc: cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>; CCWG-Accountability <accountability-cross-community@icann.org<mailto:accountability-cross-community@icann.org>>; icann-board@icann.org<mailto:icann-board@icann.org>; Executive Team <executive-team@icann.org<mailto:executive-team@icann.org>>; COMMS Team <commsteam@icann.org<mailto:commsteam@icann.org>>; community-finance@icann.org<mailto:community-finance@icann.org>; Finance Staff <finance-staff@icann.org<mailto:finance-staff@icann.org>> Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
I support Phil's clarifying explanation.
I also think that anyone who is in this category, should have to declare if they re also representing companies in a SO/AC.
Or advising governments.
In the BC, we do not allow an ICANN consultant to be a BC member, regardless of the amount, but if someone is a backdoor advisor to ICANN and also a group of entities, in a SO/AC, that would not be so obvious, but I think that for integrity sake, of course, any such entity would recuse themselves from advising companies, while also advising ICANN.
And I would expect ICANN to disqualify such entities as their consultants.
Thanks, Phil, for this useful clarification.
M
From: psc@vlaw-dc.com<mailto:psc@vlaw-dc.com> To: Brett.Schaefer@heritage.org<mailto:Brett.Schaefer@heritage.org>; xavier.calvez@icann.org<mailto:xavier.calvez@icann.org> Date: Wed, 20 Jul 2016 00:48:08 +0000 CC: cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>; accountability-cross-community@icann.org<mailto:accountability-cross-community@icann.org>; icann-board@icann.org<mailto:icann-board@icann.org>; executive-team@icann.org<mailto:executive-team@icann.org>; commsteam@icann.org<mailto:commsteam@icann.org>; community-finance@icann.org<mailto:community-finance@icann.org>; finance-staff@icann.org<mailto:finance-staff@icann.org> Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update In the U.S. much of what used to be done by registered lobbyists is now performed by "strategic advisors" who walk right up to the line of what constitutes lobbying (and maybe a few inches over), and nonetheless facilitate door opening to key members of Congress and the Executive branch, and who "educate" rather than "lobby" members of both branches of government. So while the seven firms may not be engaged in what is considered lobbying under current U.S. law, they are still likely engaged in helping to assure officials outcomes desired by ICANN corporate.
It is for that reason - as well as for the exercise of effective oversight over ICANN budgeting and expenditures - that the community should have more data on this. If ICANN is prohibited by its contracts with these firms from disclosing its expenditures that is unfortunate - and in the future I would hope that ICANN would tell any firms being considered for such duties that its own transparency obligations to the community preclude it from agreeing to such restrictions (I'd wager that the majority of the firms would waive confidentiality rather than lose the contract).
At a minimum, ICANN should disclose the aggregate amounts spent with these seven firms since they were engaged - surely their contracts don't bar such aggregate reporting.
Philip S. Corwin, Founding Principal Virtualaw LLC 1155 F Street, NW Suite 1050 Washington, DC 20004 202-559-8597/Direct 202-559-8750/Fax 202-255-6172/Cell
Twitter: @VlawDC
"Luck is the residue of design" -- Branch Rickey
From: accountability-cross-community-bounces@icann.org<mailto:accountability-cross-community-bounces@icann.org> [mailto:accountability-cross-community-bounces@icann.org] On Behalf Of Schaefer, Brett Sent: Tuesday, July 19, 2016 1:04 PM To: Xavier J. Calvez Cc: cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>; CCWG-Accountability; icann-board@icann.org<mailto:icann-board@icann.org>; Executive Team; COMMS Team; community-finance@icann.org<mailto:community-finance@icann.org>; Finance Staff Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Xavier,
Are you saying that ICANN's contracts for Education/Engagement/Advice with (1) Albright Stonebridge Group LLC, (2) Edelman, (3) Interface Media, (4) Rice Hadley Gates LLC, (5) Summit Strategies International LLC, (6) WBC Global, and (7) Wiley Rein LLP each contain confidentiality provisions that prohibit ICANN from disclosing the specific amount paid to each of these individual vendors?
Does this only apply to the CCWG and the public or does it also apply to other parts of the ICANN community, specifically the Supporting Organizations and Advisory Committees?
Thank you for the link on lobbying disclosures. For those who are interested, here are ICANN's lobbying expenditures based on the disclosure website of the U.S. Congress.
[cid:image001.png@01D1E271.EE2837D0]
I do have a couple of additional questions. Would this source capture lobbying exclusively directed toward the US Executive Branch? Has ICANN spent any funds during this period lobbying governments other than the US?
Thank you,
Brett
Brett Schaefer Jay Kingham Senior Research Fellow in International Regulatory Affairs Margaret Thatcher Center for Freedom Davis Institute for National Security and Foreign Policy The Heritage Foundation 214 Massachusetts Avenue, NE Washington, DC 20002 202-608-6097 heritage.org<http://heritage.org/> From: Xavier J. Calvez [mailto:xavier.calvez@icann.org] Sent: Monday, July 18, 2016 6:30 PM To: Schaefer, Brett Cc: community-finance@icann.org<mailto:community-finance@icann.org>; cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>; CCWG-Accountability; Executive Team; COMMS Team; icann-board@icann.org<mailto:icann-board@icann.org>; Finance Staff Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Brett, Yes, the information I provided in my latest email had been included in some previous communication. I just wanted to make sure you had a clear visibility on this information, which provides for (i) categories of expenses, (ii) the individual names of the vendors grouped for each category, and (iii) the total value of the expenses for each category. With respect to the contractual obligations of confidentiality in commercial contracts, ICANN is subject to them, like all business organizations. That said, we disclose what we can consistent with standard business confidentiality provisions in vendor contracts. We cannot disclose the specific amount of spend with each vendor but we were able to disclose the names of the service providers engaged. Regarding the lobbying expenses, as you are aware, both organizations that hire lobbyists and firms that lobby on behalf of organizations are required under U.S. federal law to file lobbying disclosure reports. In addition to ICANN's quarterly lobbying disclosures posted on our website, you can find the amounts ICANN has paid to individual outside lobbying firms at http://disclosures.house.gov/ld/ldsearch.aspx. I hope this helps and clarifies.
Thank you.
Best, Xavier
Xavier Calvez ICANN CFO 12025 Waterfront Drive, Suite 300 Los Angeles, CA 90094 Office : +1 (310) 301 5838 Mobile : +1 (805) 312 0052 Fax : +1 (310) 957-2348
From: "Schaefer, Brett" <Brett.Schaefer@heritage.org<mailto:Brett.Schaefer@heritage.org>> Date: Thursday, July 14, 2016 at 7:07 AM To: Xavier Calvez <xavier.calvez@icann.org<mailto:xavier.calvez@icann.org>> Cc: "community-finance@icann.org<mailto:community-finance@icann.org>" <community-finance@icann.org<mailto:community-finance@icann.org>>, "cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>" <cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>>, CCWG-Accountability <accountability-cross-community@icann.org<mailto:accountability-cross-community@icann.org>>, Executive Team <executive-team@icann.org<mailto:executive-team@icann.org>>, COMMS Team <commsteam@icann.org<mailto:commsteam@icann.org>>, "icann-board@icann.org<mailto:icann-board@icann.org>" <icann-board@icann.org<mailto:icann-board@icann.org>>, Finance Staff <finance-staff@icann.org<mailto:finance-staff@icann.org>> Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Xavier,
This is pretty much the same information that was provided before. I am asking for a breakdown of how much was paid to each vender in the lobbying category (Akin Gump, etc.) and the education/engagement/advice category (Albright Stoneridge, etc.).
Thank you,
Brett
On Jul 13, 2016, at 8:13 PM, Xavier J. Calvez <xavier.calvez@icann.org<mailto:xavier.calvez@icann.org>> wrote: Dear Brett, In response to your question listed below on 22 June: the detailed information provided on Other professional fees (other than legal fees, detailed in a separate section of the "Transition project cost" expense webpage, on the IANA Stewardship Transition webpage) can be found in the section called "Professional Services - Expenses Breakdown". Within this section, you will find a link to a document that provides the list of Professional Services (other than legal fees) incurred, by category, with the names of the vendors, and the total amount of expenditures for the category. This link is copied below and was provided in my first answer to your question. I have also attached the file to which this link refers in case the link would not work for you. https://www.icann.org/en/system/files/files/iana-stewardship-expenses-profes... If this not addressing your question, please let me know.
Thank you.
Best, Xavier
Xavier Calvez ICANN CFO 12025 Waterfront Drive, Suite 300 Los Angeles, CA 90094 Office : +1 (310) 301 5838 Mobile : +1 (805) 312 0052 Fax : +1 (310) 957-2348
Brett Schaefer Jay Kingham Senior Research Fellow in International Regulatory Affairs Margaret Thatcher Center for Freedom Davis Institute for National Security and Foreign Policy The Heritage Foundation 214 Massachusetts Avenue, NE Washington, DC 20002 202-608-6097 heritage.org<http://heritage.org/> From: Xavier Calvez <xavier.calvez@icann.org<mailto:xavier.calvez@icann.org>> Date: Tuesday, July 12, 2016 at 9:45 AM To: "Schaefer, Brett" <Brett.Schaefer@heritage.org<mailto:Brett.Schaefer@heritage.org>>, "community-finance@icann.org<mailto:community-finance@icann.org>" <community-finance@icann.org<mailto:community-finance@icann.org>>, "cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>" <cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>>, CCWG-Accountability <accountability-cross-community@icann.org<mailto:accountability-cross-community@icann.org>> Cc: Executive Team <executive-team@icann.org<mailto:executive-team@icann.org>>, COMMS Team <commsteam@icann.org<mailto:commsteam@icann.org>>, "icann-board@icann.org<mailto:icann-board@icann.org>" <icann-board@icann.org<mailto:icann-board@icann.org>>, Finance Staff <finance-staff@icann.org<mailto:finance-staff@icann.org>> Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Brett, Thank you for following up. I will make sure to respond no later than the end of this week.
Thank you.
Best, Xavier
Xavier Calvez ICANN CFO 12025 Waterfront Drive, Suite 300 Los Angeles, CA 90094 Office : +1 (310) 301 5838 Mobile : +1 (805) 312 0052 Fax : +1 (310) 957-2348
From: "Schaefer, Brett" <Brett.Schaefer@heritage.org<mailto:Brett.Schaefer@heritage.org>> Date: Tuesday, July 12, 2016 at 11:38 AM To: Xavier Calvez <xavier.calvez@icann.org<mailto:xavier.calvez@icann.org>>, "community-finance@icann.org<mailto:community-finance@icann.org>" <community-finance@icann.org<mailto:community-finance@icann.org>>, "cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>" <cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>>, CCWG-Accountability <accountability-cross-community@icann.org<mailto:accountability-cross-community@icann.org>> Cc: Executive Team <executive-team@icann.org<mailto:executive-team@icann.org>>, COMMS Team <commsteam@icann.org<mailto:commsteam@icann.org>>, "icann-board@icann.org<mailto:icann-board@icann.org>" <icann-board@icann.org<mailto:icann-board@icann.org>>, Finance Staff <finance-staff@icann.org<mailto:finance-staff@icann.org>> Subject: RE: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Xavier,
Thanks for promising to get this information to me in Helsinki. Do you have an estimate for when it will be provided?
Thanks,
Brett
Brett Schaefer Jay Kingham Senior Research Fellow in International Regulatory Affairs Margaret Thatcher Center for Freedom Davis Institute for National Security and Foreign Policy The Heritage Foundation 214 Massachusetts Avenue, NE Washington, DC 20002 202-608-6097 heritage.org<http://heritage.org/> From: Schaefer, Brett Sent: Wednesday, June 22, 2016 2:39 PM To: 'Xavier J. Calvez'; community-finance@icann.org<mailto:community-finance@icann.org>; cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>; CCWG-Accountability Cc: Executive Team; COMMS Team; icann-board@icann.org<mailto:icann-board@icann.org>; Finance Staff Subject: RE: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Xavier,
I appreciate the detailed breakdown on the legal fees That is indeed what I was looking for though I would think it useful to have the totals provided in the summary document.
However, I did not see similar information for lobbying or education/ engagement/advice in the links provided. In fact, the only specific information that I saw listed is for Jamie Hedlund at $200,000. No information on other individual firms or vendors is listed at all - only the top line budget expenditure in the summary document link originally sent around.
Could you provide that information?
Thanks,
Brett
From: Xavier J. Calvez [mailto:xavier.calvez@icann.org] Sent: Wednesday, June 22, 2016 10:43 AM To: Schaefer, Brett; community-finance@icann.org<mailto:community-finance@icann.org>; cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>; CCWG-Accountability Cc: Executive Team; COMMS Team; icann-board@icann.org<mailto:icann-board@icann.org>; Finance Staff Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Dear all, It appears that the first link in my email further below (detail of legal fees by firm) does not resolve correctly. Please use the below instead. https://www.icann.org/en/system/files/files/iana-stewardship-expenses-legal-...
Thank you.
Best, Xavier
Xavier Calvez ICANN CFO 12025 Waterfront Drive, Suite 300 Los Angeles, CA 90094 Office : +1 (310) 301 5838 Mobile : +1 (805) 312 0052 Fax : +1 (310) 957-2348
From: Xavier Calvez <xavier.calvez@icann.org<mailto:xavier.calvez@icann.org>> Date: Wednesday, June 22, 2016 at 1:01 PM To: "Schaefer, Brett" <Brett.Schaefer@heritage.org<mailto:Brett.Schaefer@heritage.org>>, "community-finance@icann.org<mailto:community-finance@icann.org>" <community-finance@icann.org<mailto:community-finance@icann.org>>, "cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>" <cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>>, CCWG-Accountability <accountability-cross-community@icann.org<mailto:accountability-cross-community@icann.org>> Cc: Executive Team <executive-team@icann.org<mailto:executive-team@icann.org>>, COMMS Team <commsteam@icann.org<mailto:commsteam@icann.org>>, "icann-board@icann.org<mailto:icann-board@icann.org>" <icann-board@icann.org<mailto:icann-board@icann.org>>, Finance Staff <finance-staff@icann.org<mailto:finance-staff@icann.org>> Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Dear Brett, Thank you for your interest and question. We currently publish the list of all vendors from whom ICANN obtain services in relation to the IANA Stewardship transition. The $$ value of the services received is aggregated by category of expenses, which you mention below (US Government affairs, Education/engagement/advice,...). This presentation is driven by 2 factors: providing clarity as to the type of services received, and abiding by the contractual obligation of confidentiality in force with each of the vendors (resulting from standard business sensitive information). We do publish however the detail of the legal advice, by firm and by working group, on this same page (see for example the link to the report of fees by firm: https://www.icann.org/en/system/files/files/iana-stewardship-expenses-legal-firm-fy16-01jun16-en.pdf)<https://www.icann.org/en/system/files/files/iana-stewardship-expenses-legal-firm-fy16-01jun16-en.pdf%29>. You will also find more information relative to ICANN's lobbying in the following blog published a few months ago. In this blog, you will also find links to the disclosure reports that ICANN makes on lobbying activities. https://www.icann.org/resources/pages/lobbying-disclosures-contributions-201.... Lastly, further information on lobbying appears in ICANN's form 990 (Schedule C, Part II-B. On page 33/73 of the FY15 form 990 published at the following link): https://www.icann.org/en/system/files/files/fy-2015-form-990-10may16-en.pdf I hope this helps. Please let me know if you have further questions.
Thank you.
Best, Xavier
Xavier Calvez ICANN CFO 12025 Waterfront Drive, Suite 300 Los Angeles, CA 90094 Office : +1 (310) 301 5838 Mobile : +1 (805) 312 0052 Fax : +1 (310) 957-2348
From: "Schaefer, Brett" <Brett.Schaefer@heritage.org<mailto:Brett.Schaefer@heritage.org>> Date: Tuesday, June 21, 2016 at 9:54 PM To: Xavier Calvez <xavier.calvez@icann.org<mailto:xavier.calvez@icann.org>>, "community-finance@icann.org<mailto:community-finance@icann.org>" <community-finance@icann.org<mailto:community-finance@icann.org>>, "cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>" <cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>>, CCWG-Accountability <accountability-cross-community@icann.org<mailto:accountability-cross-community@icann.org>> Cc: Executive Team <executive-team@icann.org<mailto:executive-team@icann.org>>, COMMS Team <commsteam@icann.org<mailto:commsteam@icann.org>>, "icann-board@icann.org<mailto:icann-board@icann.org>" <icann-board@icann.org<mailto:icann-board@icann.org>>, Finance Staff <finance-staff@icann.org<mailto:finance-staff@icann.org>> Subject: RE: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Xavier,
Thank you. Could you please provide a more detailed breakdown of legal advice, US government affairs, and educations/engagement/advice? In each category, there are multiple firms/vendors listed (https://www.icann.org/en/system/files/files/iana-stewardship-expenses-profes...). I would appreciate the amount provided to each individual vendor. If it is provided somewhere, I would appreciate you letting me know where to find it.
Much appreciated,
Brett
Brett Schaefer Jay Kingham Senior Research Fellow in International Regulatory Affairs Margaret Thatcher Center for Freedom Davis Institute for National Security and Foreign Policy The Heritage Foundation 214 Massachusetts Avenue, NE Washington, DC 20002 202-608-6097 heritage.org<http://heritage.org/> From: accountability-cross-community-bounces@icann.org<mailto:accountability-cross-community-bounces@icann.org> [mailto:accountability-cross-community-bounces@icann.org] On Behalf Of Xavier J. Calvez Sent: Saturday, June 18, 2016 12:10 AM To: community-finance@icann.org<mailto:community-finance@icann.org>; cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>; CCWG-Accountability Cc: Executive Team; COMMS Team; icann-board@icann.org<mailto:icann-board@icann.org>; Finance Staff Subject: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Dear all, You find at the link below the updated project's expenses as of FY16 Q3 (from July 2014 to March 2016). As indicated a few months ago, we have added new detailed information on the staff support with the individual positions, names and percentages of effort over the period.
https://www.icann.org/resources/pages/iana-stewardship-project-costs
Thank you.
Best, Xavier
Xavier Calvez ICANN CFO 12025 Waterfront Drive, Suite 300 Los Angeles, CA 90094 Office : +1 (310) 301 5838 Mobile : +1 (805) 312 0052 Fax : +1 (310) 957-2348
<iana-stewardship-expenses-professional-vendor-01jun16-en.pdf>
_______________________________________________ Accountability-Cross-Community mailing list Accountability-Cross-Community@icann.org<mailto:Accountability-Cross-Community@icann.org> https://mm.icann.org/mailman/listinfo/accountability-cross-community
I agree completely with Marilyn and Phil
On 20 Jul 2016 8:17 pm, "Lori Schulman" <lschulman@inta.org> wrote:
I don’t believe that 501©3 orgs can consider any consulting fees confidential as the top fees are required to be reported on the 990.
Lori
Lori S. Schulman
Senior Director, Internet Policy
*International Trademark Association (INTA)*
+1-202-704-0408, Skype: lsschulman
*From:* accountability-cross-community-bounces@icann.org [mailto: accountability-cross-community-bounces@icann.org] *On Behalf Of *Paul Rosenzweig *Sent:* Wednesday, July 20, 2016 10:16 AM *To:* 'Marilyn Cade' <marilynscade@hotmail.com>; 'Phil Corwin' < psc@vlaw-dc.com>; 'Schaefer, Brett' <brett.schaefer@heritage.org>; 'Xavier J. Calvez' <xavier.calvez@icann.org> *Cc:* cwg-stewardship@icann.org; 'CCWG-Accountability' < accountability-cross-community@icann.org>; icann-board@icann.org; 'Executive Team' <executive-team@icann.org>; 'COMMS Team' < commsteam@icann.org>; community-finance@icann.org; 'Finance Staff' < finance-staff@icann.org> *Subject:* Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses
- FY16 Q3 update
I agree completely with Marilyn and Phil. I have been on both sides of non-disclosure agreements – both ones requested by me and ones requested by my clients. Typically, a client (in the position of ICANN) may request that a consultant sign an NDA so as to protect the confidentiality of its efforts or its intellectual property. Sometimes a consultant might have a proprietary methodology or process that they are using on behalf of the client that they wish to protect.
Neither circumstance applies here that I can see. And in no case that I am aware of has a client ever asked me to keep confidential my fee … I don’t broadcast them, but I’m in the private sector. For ICANN, which is an NGO acting in the global public interest, I cannot see any reason at all why ICANN would want or agree to a confidentiality arrangement as to the size of the fee paid.
Xavier – can you tell us what the rationale is? I may be missing something …..
Thanks
Paul
Paul Rosenzweig
paul.rosenzweig@redbranchconsulting.com
O: +1 (202) 547-0660
M: +1 (202) 329-9650
VOIP: +1 (202) 738-1739
www.redbranchconsulting.com
My PGP Key: http://redbranchconsulting.com/who-we-are/public-pgp-key/
*From:* accountability-cross-community-bounces@icann.org [ mailto:accountability-cross-community-bounces@icann.org <accountability-cross-community-bounces@icann.org>] *On Behalf Of *Marilyn Cade *Sent:* Wednesday, July 20, 2016 9:05 AM *To:* Phil Corwin <psc@vlaw-dc.com>; Schaefer, Brett < brett.schaefer@heritage.org>; Xavier J. Calvez <xavier.calvez@icann.org> *Cc:* cwg-stewardship@icann.org; CCWG-Accountability < accountability-cross-community@icann.org>; icann-board@icann.org; Executive Team <executive-team@icann.org>; COMMS Team <commsteam@icann.org>; community-finance@icann.org; Finance Staff <finance-staff@icann.org> *Subject:* Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses
- FY16 Q3 update
I support Phil's clarifying explanation.
I also think that anyone who is in this category, should have to declare if they re also representing companies in a SO/AC.
Or advising governments.
In the BC, we do not allow an ICANN consultant to be a BC member, regardless of the amount, but if someone is a backdoor advisor to ICANN and also a group of entities, in a SO/AC, that would not be so obvious, but I think that for integrity sake, of course, any such entity would recuse themselves from advising companies, while also advising ICANN.
And I would expect ICANN to disqualify such entities as their consultants.
Thanks, Phil, for this useful clarification.
M
From: psc@vlaw-dc.com To: Brett.Schaefer@heritage.org; xavier.calvez@icann.org Date: Wed, 20 Jul 2016 00:48:08 +0000 CC: cwg-stewardship@icann.org; accountability-cross-community@icann.org; icann-board@icann.org; executive-team@icann.org; commsteam@icann.org; community-finance@icann.org; finance-staff@icann.org Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
In the U.S. much of what used to be done by registered lobbyists is now performed by “strategic advisors” who walk right up to the line of what constitutes lobbying (and maybe a few inches over), and nonetheless facilitate door opening to key members of Congress and the Executive branch, and who “educate” rather than “lobby” members of both branches of government. So while the seven firms may not be engaged in what is considered lobbying under current U.S. law, they are still likely engaged in helping to assure officials outcomes desired by ICANN corporate.
It is for that reason – as well as for the exercise of effective oversight over ICANN budgeting and expenditures – that the community should have more data on this. If ICANN is prohibited by its contracts with these firms from disclosing its expenditures that is unfortunate – and in the future I would hope that ICANN would tell any firms being considered for such duties that its own transparency obligations to the community preclude it from agreeing to such restrictions (I’d wager that the majority of the firms would waive confidentiality rather than lose the contract).
At a minimum, ICANN should disclose the aggregate amounts spent with these seven firms since they were engaged – surely their contracts don’t bar such aggregate reporting.
*Philip S. Corwin, Founding Principal*
*Virtualaw LLC*
*1155 F Street, NW*
*Suite 1050*
*Washington, DC 20004*
*202-559-8597 <202-559-8597>/Direct*
*202-559-8750 <202-559-8750>/Fax*
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*Twitter: @VlawDC*
*"Luck is the residue of design" -- Branch Rickey*
*From:* accountability-cross-community-bounces@icann.org [ mailto:accountability-cross-community-bounces@icann.org <accountability-cross-community-bounces@icann.org>] *On Behalf Of *Schaefer, Brett *Sent:* Tuesday, July 19, 2016 1:04 PM *To:* Xavier J. Calvez *Cc:* cwg-stewardship@icann.org; CCWG-Accountability; icann-board@icann.org; Executive Team; COMMS Team; community-finance@icann.org; Finance Staff *Subject:* Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses
- FY16 Q3 update
Xavier,
Are you saying that ICANN’s contracts for Education/Engagement/Advice with (1) Albright Stonebridge Group LLC, (2) Edelman, (3) Interface Media, (4) Rice Hadley Gates LLC, (5) Summit Strategies International LLC, (6) WBC Global, and (7) Wiley Rein LLP each contain confidentiality provisions that prohibit ICANN from disclosing the specific amount paid to each of these individual vendors?
Does this only apply to the CCWG and the public or does it also apply to other parts of the ICANN community, specifically the Supporting Organizations and Advisory Committees?
Thank you for the link on lobbying disclosures. For those who are interested, here are ICANN’s lobbying expenditures based on the disclosure website of the U.S. Congress.
I do have a couple of additional questions. Would this source capture lobbying exclusively directed toward the US Executive Branch? Has ICANN spent any funds during this period lobbying governments other than the US?
Thank you,
Brett
*Brett* *Schaefer*
- Jay Kingham Senior Research Fellow in International Regulatory Affairs Margaret Thatcher Center for Freedom Davis Institute for National Security and Foreign Policy* The Heritage Foundation 214 Massachusetts Avenue, NE Washington, DC 20002 202-608-6097 heritage.org
*From:* Xavier J. Calvez [mailto:xavier.calvez@icann.org <xavier.calvez@icann.org>] *Sent:* Monday, July 18, 2016 6:30 PM *To:* Schaefer, Brett *Cc:* community-finance@icann.org; cwg-stewardship@icann.org; CCWG-Accountability; Executive Team; COMMS Team; icann-board@icann.org; Finance Staff *Subject:* Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses
- FY16 Q3 update
Brett,
Yes, the information I provided in my latest email had been included in some previous communication. I just wanted to make sure you had a clear visibility on this information, which provides for (i) categories of expenses, (ii) the individual names of the vendors grouped for each category, and (iii) the total value of the expenses for each category.
With respect to the contractual obligations of confidentiality in commercial contracts, ICANN is subject to them, like all business organizations. That said, we disclose what we can consistent with standard business confidentiality provisions in vendor contracts. We cannot disclose the specific amount of spend with each vendor but we were able to disclose the names of the service providers engaged.
Regarding the lobbying expenses, as you are aware, both organizations that hire lobbyists and firms that lobby on behalf of organizations are required under U.S. federal law to file lobbying disclosure reports. In addition to ICANN’s quarterly lobbying disclosures posted on our website, you can find the amounts ICANN has paid to individual outside lobbying firms at http://disclosures.house.gov/ld/ldsearch.aspx.
I hope this helps and clarifies.
Thank you.
Best,
Xavier
Xavier Calvez
ICANN
CFO
12025 Waterfront Drive, Suite 300
Los Angeles, CA 90094
Office : +1 (310) 301 5838
Mobile : +1 (805) 312 0052
Fax : +1 (310) 957-2348
*From: *"Schaefer, Brett" <Brett.Schaefer@heritage.org> *Date: *Thursday, July 14, 2016 at 7:07 AM *To: *Xavier Calvez <xavier.calvez@icann.org> *Cc: *"community-finance@icann.org" <community-finance@icann.org>, " cwg-stewardship@icann.org" <cwg-stewardship@icann.org>, CCWG-Accountability <accountability-cross-community@icann.org>, Executive Team <executive-team@icann.org>, COMMS Team <commsteam@icann.org>, " icann-board@icann.org" <icann-board@icann.org>, Finance Staff < finance-staff@icann.org> *Subject: *Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses
- FY16 Q3 update
Xavier,
This is pretty much the same information that was provided before. I am asking for a breakdown of how much was paid to each vender in the lobbying category (Akin Gump, etc.) and the education/engagement/advice category (Albright Stoneridge, etc.).
Thank you,
Brett
On Jul 13, 2016, at 8:13 PM, Xavier J. Calvez <xavier.calvez@icann.org> wrote:
Dear Brett, In response to your question listed below on 22 June: the detailed information provided on Other professional fees (other than legal fees, detailed in a separate section of the “Transition project cost” expense webpage, on the IANA Stewardship Transition webpage) can be found in the section called “Professional Services – Expenses Breakdown”. Within this section, you will find a link to a document that provides the list of Professional Services (other than legal fees) incurred, by category, with the names of the vendors, and the total amount of expenditures for the category. This link is copied below and was provided in my first answer to your question. I have also attached the file to which this link refers in case the link would not work for you. https://www.icann.org/en/system/files/files/iana-stewardship-expenses-profes...
If this not addressing your question, please let me know.
Thank you.
Best,
Xavier
Xavier Calvez
ICANN
CFO
12025 Waterfront Drive, Suite 300
Los Angeles, CA 90094
Office : +1 (310) 301 5838
Mobile : +1 (805) 312 0052
Fax : +1 (310) 957-2348
*Brett* *Schaefer*
- Jay Kingham Senior Research Fellow in International Regulatory Affairs Margaret Thatcher Center for Freedom Davis Institute for National Security and Foreign Policy* The Heritage Foundation 214 Massachusetts Avenue, NE Washington, DC 20002 202-608-6097 heritage.org
*From: *Xavier Calvez <xavier.calvez@icann.org> *Date: *Tuesday, July 12, 2016 at 9:45 AM *To: *"Schaefer, Brett" <Brett.Schaefer@heritage.org>, " community-finance@icann.org" <community-finance@icann.org>, " cwg-stewardship@icann.org" <cwg-stewardship@icann.org>, CCWG-Accountability <accountability-cross-community@icann.org> *Cc: *Executive Team <executive-team@icann.org>, COMMS Team < commsteam@icann.org>, "icann-board@icann.org" <icann-board@icann.org>, Finance Staff <finance-staff@icann.org> *Subject: *Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses
- FY16 Q3 update
Brett,
Thank you for following up.
I will make sure to respond no later than the end of this week.
Thank you.
Best,
Xavier
Xavier Calvez
ICANN
CFO
12025 Waterfront Drive, Suite 300
Los Angeles, CA 90094
Office : +1 (310) 301 5838
Mobile : +1 (805) 312 0052
Fax : +1 (310) 957-2348
*From: *"Schaefer, Brett" <Brett.Schaefer@heritage.org> *Date: *Tuesday, July 12, 2016 at 11:38 AM *To: *Xavier Calvez <xavier.calvez@icann.org>, " community-finance@icann.org" <community-finance@icann.org>, " cwg-stewardship@icann.org" <cwg-stewardship@icann.org>, CCWG-Accountability <accountability-cross-community@icann.org> *Cc: *Executive Team <executive-team@icann.org>, COMMS Team < commsteam@icann.org>, "icann-board@icann.org" <icann-board@icann.org>, Finance Staff <finance-staff@icann.org> *Subject: *RE: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses
- FY16 Q3 update
Xavier,
Thanks for promising to get this information to me in Helsinki. Do you have an estimate for when it will be provided?
Thanks,
Brett
*Brett* *Schaefer*
- Jay Kingham Senior Research Fellow in International Regulatory Affairs Margaret Thatcher Center for Freedom Davis Institute for National Security and Foreign Policy* The Heritage Foundation 214 Massachusetts Avenue, NE Washington, DC 20002 202-608-6097 heritage.org
*From:* Schaefer, Brett *Sent:* Wednesday, June 22, 2016 2:39 PM *To:* 'Xavier J. Calvez'; community-finance@icann.org; cwg-stewardship@icann.org; CCWG-Accountability *Cc:* Executive Team; COMMS Team; icann-board@icann.org; Finance Staff *Subject:* RE: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses
- FY16 Q3 update
Xavier,
I appreciate the detailed breakdown on the legal fees That is indeed what I was looking for though I would think it useful to have the totals provided in the summary document.
However, I did not see similar information for lobbying or education/ engagement/advice in the links provided. In fact, the only specific information that I saw listed is for Jamie Hedlund at $200,000. No information on other individual firms or vendors is listed at all – only the top line budget expenditure in the summary document link originally sent around.
Could you provide that information?
Thanks,
Brett
*From:* Xavier J. Calvez [mailto:xavier.calvez@icann.org <xavier.calvez@icann.org>] *Sent:* Wednesday, June 22, 2016 10:43 AM *To:* Schaefer, Brett; community-finance@icann.org; cwg-stewardship@icann.org; CCWG-Accountability *Cc:* Executive Team; COMMS Team; icann-board@icann.org; Finance Staff *Subject:* Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses
- FY16 Q3 update
Dear all,
It appears that the first link in my email further below (detail of legal fees by firm) does not resolve correctly. Please use the below instead.
https://www.icann.org/en/system/files/files/iana-stewardship-expenses-legal-...
Thank you.
Best,
Xavier
Xavier Calvez
ICANN
CFO
12025 Waterfront Drive, Suite 300
Los Angeles, CA 90094
Office : +1 (310) 301 5838
Mobile : +1 (805) 312 0052
Fax : +1 (310) 957-2348
*From: *Xavier Calvez <xavier.calvez@icann.org> *Date: *Wednesday, June 22, 2016 at 1:01 PM *To: *"Schaefer, Brett" <Brett.Schaefer@heritage.org>, " community-finance@icann.org" <community-finance@icann.org>, " cwg-stewardship@icann.org" <cwg-stewardship@icann.org>, CCWG-Accountability <accountability-cross-community@icann.org> *Cc: *Executive Team <executive-team@icann.org>, COMMS Team < commsteam@icann.org>, "icann-board@icann.org" <icann-board@icann.org>, Finance Staff <finance-staff@icann.org> *Subject: *Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses
- FY16 Q3 update
Dear Brett,
Thank you for your interest and question.
We currently publish the list of all vendors from whom ICANN obtain services in relation to the IANA Stewardship transition. The $$ value of the services received is aggregated by category of expenses, which you mention below (US Government affairs, Education/engagement/advice,…). This presentation is driven by 2 factors: providing clarity as to the type of services received, and abiding by the contractual obligation of confidentiality in force with each of the vendors (resulting from standard business sensitive information).
We do publish however the detail of the legal advice, by firm and by working group, on this same page (see for example the link to the report of fees by firm: *https://www.icann.org/en/system/files/files/iana-stewardship-expenses-legal-...) <https://www.icann.org/en/system/files/files/iana-stewardship-expenses-legal-...>* .
You will also find more information relative to ICANN’s lobbying in the following blog published a few months ago. In this blog, you will also find links to the disclosure reports that ICANN makes on lobbying activities.
*https://www.icann.org/resources/pages/lobbying-disclosures-contributions-201... <https://www.icann.org/resources/pages/lobbying-disclosures-contributions-201...>.*
Lastly, further information on lobbying appears in ICANN’s form 990 (Schedule C, Part II-B. On page 33/73 of the FY15 form 990 published at the following link):
https://www.icann.org/en/system/files/files/fy-2015-form-990-10may16-en.pdf
I hope this helps. Please let me know if you have further questions.
Thank you.
Best,
Xavier
Xavier Calvez
ICANN
CFO
12025 Waterfront Drive, Suite 300
Los Angeles, CA 90094
Office : +1 (310) 301 5838
Mobile : +1 (805) 312 0052
Fax : +1 (310) 957-2348
*From: *"Schaefer, Brett" <Brett.Schaefer@heritage.org> *Date: *Tuesday, June 21, 2016 at 9:54 PM *To: *Xavier Calvez <xavier.calvez@icann.org>, " community-finance@icann.org" <community-finance@icann.org>, " cwg-stewardship@icann.org" <cwg-stewardship@icann.org>, CCWG-Accountability <accountability-cross-community@icann.org> *Cc: *Executive Team <executive-team@icann.org>, COMMS Team < commsteam@icann.org>, "icann-board@icann.org" <icann-board@icann.org>, Finance Staff <finance-staff@icann.org> *Subject: *RE: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses
- FY16 Q3 update
Xavier,
Thank you. Could you please provide a more detailed breakdown of legal advice, US government affairs, and educations/engagement/advice? In each category, there are multiple firms/vendors listed ( https://www.icann.org/en/system/files/files/iana-stewardship-expenses-profes...). I would appreciate the amount provided to each individual vendor. If it is provided somewhere, I would appreciate you letting me know where to find it.
Much appreciated,
Brett
*Brett* *Schaefer*
- Jay Kingham Senior Research Fellow in International Regulatory Affairs Margaret Thatcher Center for Freedom Davis Institute for National Security and Foreign Policy* The Heritage Foundation 214 Massachusetts Avenue, NE Washington, DC 20002 202-608-6097 heritage.org
*From:* accountability-cross-community-bounces@icann.org [ mailto:accountability-cross-community-bounces@icann.org <accountability-cross-community-bounces@icann.org>] *On Behalf Of *Xavier J. Calvez *Sent:* Saturday, June 18, 2016 12:10 AM *To:* community-finance@icann.org; cwg-stewardship@icann.org; CCWG-Accountability *Cc:* Executive Team; COMMS Team; icann-board@icann.org; Finance Staff *Subject:* [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Dear all,
You find at the link below the updated project’s expenses as of FY16 Q3 (from July 2014 to March 2016). As indicated a few months ago, we have added new detailed information on the staff support with the individual positions, names and percentages of effort over the period.
*https://www.icann.org/resources/pages/iana-stewardship-project-costs <https://www.icann.org/resources/pages/iana-stewardship-project-costs>*
Thank you.
Best,
Xavier
Xavier Calvez
ICANN
CFO
12025 Waterfront Drive, Suite 300
Los Angeles, CA 90094
Office : +1 (310) 301 5838
Mobile : +1 (805) 312 0052
Fax : +1 (310) 957-2348
<iana-stewardship-expenses-professional-vendor-01jun16-en.pdf>
Accountability-Cross-Community mailing list Accountability-Cross-Community@icann.org https://mm.icann.org/mailman/listinfo/accountability-cross-community
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gently, she said: Perhaps it is not Xavier, but ICANN we should address.And not ICANN Legal, but ICANN Board. We, the ICANN stakeholders expect full disclosure and ask that should there be barriers in the form of confidential agreements for lobbyists or those who are engaged in worthwhile work in educating, creating understanding, etc. be disclosed by ICANN, with names of parties/organizations, and amounts, and a general statement about what the work was:e.g. Explain ICANN to elected officials at a national or state levelExplain ICANN to businesses, or NGOs, or others who are unfamiliar with ICANN's technical mission Frankly, I think this is important and needed. \Long ago and far away, when the Internet was a baby.. I do mean, a baby... the major users were research organizations/labs [including one I represented] and the only online users were CompuServe, AOL, and the new entrant, AT&T WorldNET, we have so few users that when some states tried to tax the bits and bytes, the coalition I worked with had to resort to sending 40,000 faxes and phone calls to the White House and Congress. NO ONE HAD EMAIL addresses. After that, the five major suppliers of Internet [none of whom were telcos] created an effort to go office by office to show what the Internet was and how to use it, and how to get an email address. Not even a domain name. but let's start with an email address. It's 2016: think about how far we have come but we also have to understand that understanding ICANN is like a complex puzzle, and we, usual Internet users, want simply for it to work. So, I am okay with ICANN having experts to provide education. What I am not okay with is failure to declare. Facts, figuresNames, what they did in general, and amounts. Just publish. and let's move on. And I support the need. but want disclosure. M
Date: Wed, 20 Jul 2016 20:49:21 +0545 From: rayamajhishreedeep@gmail.com CC: executive-team@icann.org; accountability-cross-community@icann.org; icann-board@icann.org; finance-staff@icann.org; commsteam@icann.org; community-finance@icann.org; cwg-stewardship@icann.org Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
I agree completely with Marilyn and Phil
On 20 Jul 2016 8:17 pm, "Lori Schulman" <lschulman@inta.org> wrote:
I don’t believe that 501©3 orgs can consider any consulting fees confidential as the top fees are required to be reported on the 990.
Lori
Lori S. Schulman Senior Director, Internet Policy International Trademark Association (INTA) +1-202-704-0408, Skype: lsschulman
From: accountability-cross-community-bounces@icann.org [mailto:accountability-cross-community-bounces@icann.org] On Behalf Of Paul Rosenzweig
Sent: Wednesday, July 20, 2016 10:16 AM
To: 'Marilyn Cade' <marilynscade@hotmail.com>; 'Phil Corwin' <psc@vlaw-dc.com>; 'Schaefer, Brett' <brett.schaefer@heritage.org>; 'Xavier J. Calvez' <xavier.calvez@icann.org>
Cc: cwg-stewardship@icann.org; 'CCWG-Accountability' <accountability-cross-community@icann.org>; icann-board@icann.org; 'Executive Team' <executive-team@icann.org>; 'COMMS Team' <commsteam@icann.org>; community-finance@icann.org; 'Finance Staff' <finance-staff@icann.org>
Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
I agree completely with Marilyn and Phil. I have been on both sides of non-disclosure agreements – both ones requested by me and ones requested by my clients. Typically, a client (in the position of ICANN) may request that a consultant sign an NDA so as to protect the confidentiality of its efforts or its intellectual property. Sometimes a consultant might have a proprietary methodology or process that they are using on behalf of the client that they wish to protect.
Neither circumstance applies here that I can see. And in no case that I am aware of has a client ever asked me to keep confidential my fee … I don’t broadcast them, but I’m in the private sector. For ICANN, which is an NGO acting in the global public interest, I cannot see any reason at all why ICANN would want or agree to a confidentiality arrangement as to the size of the fee paid.
Xavier – can you tell us what the rationale is? I may be missing something …..
Thanks Paul
Paul Rosenzweig paul.rosenzweig@redbranchconsulting.com O: +1 (202) 547-0660 M: +1 (202) 329-9650 VOIP: +1 (202) 738-1739 www.redbranchconsulting.com My PGP Key: http://redbranchconsulting.com/who-we-are/public-pgp-key/
From: accountability-cross-community-bounces@icann.org [mailto:accountability-cross-community-bounces@icann.org] On Behalf Of Marilyn Cade
Sent: Wednesday, July 20, 2016 9:05 AM
To: Phil Corwin <psc@vlaw-dc.com>; Schaefer, Brett <brett.schaefer@heritage.org>; Xavier J. Calvez <xavier.calvez@icann.org>
Cc: cwg-stewardship@icann.org; CCWG-Accountability <accountability-cross-community@icann.org>; icann-board@icann.org; Executive Team <executive-team@icann.org>; COMMS Team <commsteam@icann.org>; community-finance@icann.org; Finance Staff <finance-staff@icann.org>
Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
I support Phil's clarifying explanation.
I also think that anyone who is in this category, should have to declare if they re also representing companies in a SO/AC.
Or advising governments.
In the BC, we do not allow an ICANN consultant to be a BC member, regardless of the amount, but if someone is a backdoor advisor to ICANN and also a group of entities, in a SO/AC, that would not be so obvious, but I think that for integrity sake, of course, any such entity would recuse themselves from advising companies, while also advising ICANN.
And I would expect ICANN to disqualify such entities as their consultants.
Thanks, Phil, for this useful clarification.
M
From: psc@vlaw-dc.com
To: Brett.Schaefer@heritage.org; xavier.calvez@icann.org
Date: Wed, 20 Jul 2016 00:48:08 +0000
CC: cwg-stewardship@icann.org; accountability-cross-community@icann.org; icann-board@icann.org; executive-team@icann.org; commsteam@icann.org; community-finance@icann.org; finance-staff@icann.org
Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
In the U.S. much of what used to be done by registered lobbyists is now performed by “strategic advisors” who walk right up to the line of what constitutes lobbying (and maybe a few inches over), and nonetheless facilitate door opening to key members of Congress and the Executive branch, and who “educate” rather than “lobby” members of both branches of government. So while the seven firms may not be engaged in what is considered lobbying under current U.S. law, they are still likely engaged in helping to assure officials outcomes desired by ICANN corporate.
It is for that reason – as well as for the exercise of effective oversight over ICANN budgeting and expenditures – that the community should have more data on this. If ICANN is prohibited by its contracts with these firms from disclosing its expenditures that is unfortunate – and in the future I would hope that ICANN would tell any firms being considered for such duties that its own transparency obligations to the community preclude it from agreeing to such restrictions (I’d wager that the majority of the firms would waive confidentiality rather than lose the contract).
At a minimum, ICANN should disclose the aggregate amounts spent with these seven firms since they were engaged – surely their contracts don’t bar such aggregate reporting.
Philip S. Corwin, Founding Principal Virtualaw LLC 1155 F Street, NW Suite 1050 Washington, DC 20004 202-559-8597/Direct 202-559-8750/Fax 202-255-6172/Cell
Twitter: @VlawDC
"Luck is the residue of design" -- Branch Rickey
From: accountability-cross-community-bounces@icann.org [mailto:accountability-cross-community-bounces@icann.org] On Behalf Of Schaefer, Brett
Sent: Tuesday, July 19, 2016 1:04 PM
To: Xavier J. Calvez
Cc: cwg-stewardship@icann.org; CCWG-Accountability; icann-board@icann.org; Executive Team; COMMS Team; community-finance@icann.org; Finance Staff
Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Xavier,
Are you saying that ICANN’s contracts for Education/Engagement/Advice with (1) Albright Stonebridge Group LLC, (2) Edelman, (3) Interface Media, (4) Rice Hadley Gates LLC, (5) Summit Strategies International LLC, (6) WBC Global, and (7) Wiley Rein LLP each contain confidentiality provisions that prohibit ICANN from disclosing the specific amount paid to each of these individual vendors?
Does this only apply to the CCWG and the public or does it also apply to other parts of the ICANN community, specifically the Supporting Organizations and Advisory Committees?
Thank you for the link on lobbying disclosures. For those who are interested, here are ICANN’s lobbying expenditures based on the disclosure website of the U.S. Congress.
I do have a couple of additional questions. Would this source capture lobbying exclusively directed toward the US Executive Branch? Has ICANN spent any funds during this period lobbying governments other than the US?
Thank you,
Brett
Brett Schaefer
Jay Kingham Senior Research Fellow in International Regulatory Affairs
Margaret Thatcher Center for Freedom Davis Institute for National Security and Foreign Policy
The Heritage Foundation
214 Massachusetts Avenue, NE
Washington, DC 20002
202-608-6097
heritage.org
From: Xavier J. Calvez [mailto:xavier.calvez@icann.org]
Sent: Monday, July 18, 2016 6:30 PM
To: Schaefer, Brett
Cc: community-finance@icann.org; cwg-stewardship@icann.org; CCWG-Accountability; Executive Team; COMMS Team; icann-board@icann.org; Finance Staff
Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Brett, Yes, the information I provided in my latest email had been included in some previous communication. I just wanted to make sure you had a clear visibility on this information, which provides for (i) categories of expenses, (ii) the individual names of the vendors grouped for each category, and (iii) the total value of the expenses for each category. With respect to the contractual obligations of confidentiality in commercial contracts, ICANN is subject to them, like all business organizations. That said, we disclose what we can consistent with standard business confidentiality provisions in vendor contracts. We cannot disclose the specific amount of spend with each vendor but we were able to disclose the names of the service providers engaged. Regarding the lobbying expenses, as you are aware, both organizations that hire lobbyists and firms that lobby on behalf of organizations are required under U.S. federal law to file lobbying disclosure reports. In addition to ICANN’s quarterly lobbying disclosures posted on our website, you can find the amounts ICANN has paid to individual outside lobbying firms at http://disclosures.house.gov/ld/ldsearch.aspx. I hope this helps and clarifies.
Thank you.
Best,
Xavier
Xavier Calvez
ICANN
CFO
12025 Waterfront Drive, Suite 300
Los Angeles, CA 90094
Office : +1 (310) 301 5838
Mobile : +1 (805) 312 0052
Fax : +1 (310) 957-2348
From: "Schaefer, Brett" <Brett.Schaefer@heritage.org>
Date: Thursday, July 14, 2016 at 7:07 AM
To: Xavier Calvez <xavier.calvez@icann.org>
Cc: "community-finance@icann.org" <community-finance@icann.org>, "cwg-stewardship@icann.org" <cwg-stewardship@icann.org>, CCWG-Accountability <accountability-cross-community@icann.org>, Executive Team <executive-team@icann.org>, COMMS Team <commsteam@icann.org>, "icann-board@icann.org" <icann-board@icann.org>, Finance Staff <finance-staff@icann.org>
Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Xavier,
This is pretty much the same information that was provided before. I am asking for a breakdown of how much was paid to each vender in the lobbying category (Akin Gump, etc.) and the education/engagement/advice category (Albright Stoneridge, etc.).
Thank you,
Brett
On Jul 13, 2016, at 8:13 PM, Xavier J. Calvez <xavier.calvez@icann.org> wrote:
Dear Brett, In response to your question listed below on 22 June: the detailed information provided on Other professional fees (other than legal fees, detailed in a separate section of the “Transition project cost” expense webpage, on the IANA Stewardship Transition webpage) can be found in the section called “Professional Services – Expenses Breakdown”. Within this section, you will find a link to a document that provides the list of Professional Services (other than legal fees) incurred, by category, with the names of the vendors, and the total amount of expenditures for the category. This link is copied below and was provided in my first answer to your question. I have also attached the file to which this link refers in case the link would not work for you. https://www.icann.org/en/system/files/files/iana-stewardship-expenses-profes... If this not addressing your question, please let me know.
Thank you.
Best,
Xavier
Xavier Calvez
ICANN
CFO
12025 Waterfront Drive, Suite 300
Los Angeles, CA 90094
Office : +1 (310) 301 5838
Mobile : +1 (805) 312 0052
Fax : +1 (310) 957-2348
Brett Schaefer
Jay Kingham Senior Research Fellow in International Regulatory Affairs
Margaret Thatcher Center for Freedom Davis Institute for National Security and Foreign Policy
The Heritage Foundation
214 Massachusetts Avenue, NE
Washington, DC 20002
202-608-6097
heritage.org
From: Xavier Calvez <xavier.calvez@icann.org>
Date: Tuesday, July 12, 2016 at 9:45 AM
To: "Schaefer, Brett" <Brett.Schaefer@heritage.org>, "community-finance@icann.org" <community-finance@icann.org>, "cwg-stewardship@icann.org" <cwg-stewardship@icann.org>, CCWG-Accountability <accountability-cross-community@icann.org>
Cc: Executive Team <executive-team@icann.org>, COMMS Team <commsteam@icann.org>, "icann-board@icann.org" <icann-board@icann.org>, Finance Staff <finance-staff@icann.org>
Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Brett, Thank you for following up. I will make sure to respond no later than the end of this week.
Thank you.
Best,
Xavier
Xavier Calvez
ICANN
CFO
12025 Waterfront Drive, Suite 300
Los Angeles, CA 90094
Office : +1 (310) 301 5838
Mobile : +1 (805) 312 0052
Fax : +1 (310) 957-2348
From: "Schaefer, Brett" <Brett.Schaefer@heritage.org>
Date: Tuesday, July 12, 2016 at 11:38 AM
To: Xavier Calvez <xavier.calvez@icann.org>, "community-finance@icann.org" <community-finance@icann.org>, "cwg-stewardship@icann.org" <cwg-stewardship@icann.org>, CCWG-Accountability <accountability-cross-community@icann.org>
Cc: Executive Team <executive-team@icann.org>, COMMS Team <commsteam@icann.org>, "icann-board@icann.org" <icann-board@icann.org>, Finance Staff <finance-staff@icann.org>
Subject: RE: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Xavier,
Thanks for promising to get this information to me in Helsinki. Do you have an estimate for when it will be provided?
Thanks,
Brett
Brett Schaefer
Jay Kingham Senior Research Fellow in International Regulatory Affairs
Margaret Thatcher Center for Freedom Davis Institute for National Security and Foreign Policy
The Heritage Foundation
214 Massachusetts Avenue, NE
Washington, DC 20002
202-608-6097
heritage.org
From: Schaefer, Brett
Sent: Wednesday, June 22, 2016 2:39 PM
To: 'Xavier J. Calvez'; community-finance@icann.org; cwg-stewardship@icann.org; CCWG-Accountability
Cc: Executive Team; COMMS Team; icann-board@icann.org; Finance Staff
Subject: RE: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Xavier,
I appreciate the detailed breakdown on the legal fees That is indeed what I was looking for though I would think it useful to have the totals provided in the summary document.
However, I did not see similar information for lobbying or education/ engagement/advice in the links provided. In fact, the only specific information that I saw listed is for Jamie Hedlund at $200,000. No information on other individual firms or vendors is listed at all – only the top line budget expenditure in the summary document link originally sent around.
Could you provide that information?
Thanks,
Brett
From: Xavier J. Calvez [mailto:xavier.calvez@icann.org]
Sent: Wednesday, June 22, 2016 10:43 AM
To: Schaefer, Brett; community-finance@icann.org; cwg-stewardship@icann.org; CCWG-Accountability
Cc: Executive Team; COMMS Team; icann-board@icann.org; Finance Staff
Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Dear all, It appears that the first link in my email further below (detail of legal fees by firm) does not resolve correctly. Please use the below instead. https://www.icann.org/en/system/files/files/iana-stewardship-expenses-legal-...
Thank you.
Best,
Xavier
Xavier Calvez
ICANN
CFO
12025 Waterfront Drive, Suite 300
Los Angeles, CA 90094
Office : +1 (310) 301 5838
Mobile : +1 (805) 312 0052
Fax : +1 (310) 957-2348
From: Xavier Calvez <xavier.calvez@icann.org>
Date: Wednesday, June 22, 2016 at 1:01 PM
To: "Schaefer, Brett" <Brett.Schaefer@heritage.org>, "community-finance@icann.org" <community-finance@icann.org>, "cwg-stewardship@icann.org" <cwg-stewardship@icann.org>, CCWG-Accountability <accountability-cross-community@icann.org>
Cc: Executive Team <executive-team@icann.org>, COMMS Team <commsteam@icann.org>, "icann-board@icann.org" <icann-board@icann.org>, Finance Staff <finance-staff@icann.org>
Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Dear Brett, Thank you for your interest and question. We currently publish the list of all vendors from whom ICANN obtain services in relation to the IANA Stewardship transition. The $$ value of the services received is aggregated by category of expenses, which you mention below (US Government affairs, Education/engagement/advice,…). This presentation is driven by 2 factors: providing clarity as to the type of services received, and abiding by the contractual obligation of confidentiality in force with each of the vendors (resulting from standard business sensitive information). We do publish however the detail of the legal advice, by firm and by working group, on this same page (see for example the link to the report of fees by firm: https://www.icann.org/en/system/files/files/iana-stewardship-expenses-legal-...). You will also find more information relative to ICANN’s lobbying in the following blog published a few months ago. In this blog, you will also find links to the disclosure reports that ICANN makes on lobbying activities. https://www.icann.org/resources/pages/lobbying-disclosures-contributions-201.... Lastly, further information on lobbying appears in ICANN’s form 990 (Schedule C, Part II-B. On page 33/73 of the FY15 form 990 published at the following link): https://www.icann.org/en/system/files/files/fy-2015-form-990-10may16-en.pdf
I hope this helps. Please let me know if you have further questions.
Thank you.
Best,
Xavier
Xavier Calvez
ICANN
CFO
12025 Waterfront Drive, Suite 300
Los Angeles, CA 90094
Office : +1 (310) 301 5838
Mobile : +1 (805) 312 0052
Fax : +1 (310) 957-2348
From: "Schaefer, Brett" <Brett.Schaefer@heritage.org>
Date: Tuesday, June 21, 2016 at 9:54 PM
To: Xavier Calvez <xavier.calvez@icann.org>, "community-finance@icann.org" <community-finance@icann.org>, "cwg-stewardship@icann.org" <cwg-stewardship@icann.org>, CCWG-Accountability <accountability-cross-community@icann.org>
Cc: Executive Team <executive-team@icann.org>, COMMS Team <commsteam@icann.org>, "icann-board@icann.org" <icann-board@icann.org>, Finance Staff <finance-staff@icann.org>
Subject: RE: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Xavier,
Thank you. Could you please provide a more detailed breakdown of legal advice, US government affairs, and educations/engagement/advice? In each category, there are multiple firms/vendors listed (https://www.icann.org/en/system/files/files/iana-stewardship-expenses-profes...). I would appreciate the amount provided to each individual vendor. If it is provided somewhere, I would appreciate you letting me know where to find it.
Much appreciated,
Brett
Brett Schaefer
Jay Kingham Senior Research Fellow in International Regulatory Affairs
Margaret Thatcher Center for Freedom Davis Institute for National Security and Foreign Policy
The Heritage Foundation
214 Massachusetts Avenue, NE
Washington, DC 20002
202-608-6097
heritage.org
From: accountability-cross-community-bounces@icann.org [mailto:accountability-cross-community-bounces@icann.org] On Behalf Of Xavier J. Calvez
Sent: Saturday, June 18, 2016 12:10 AM
To: community-finance@icann.org; cwg-stewardship@icann.org; CCWG-Accountability
Cc: Executive Team; COMMS Team; icann-board@icann.org; Finance Staff
Subject: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Dear all, You find at the link below the updated project’s expenses as of FY16 Q3 (from July 2014 to March 2016). As indicated a few months ago, we have added new detailed information on the staff support with the individual positions, names and percentages of effort over the period.
https://www.icann.org/resources/pages/iana-stewardship-project-costs
Thank you.
Best,
Xavier
Xavier Calvez
ICANN
CFO
12025 Waterfront Drive, Suite 300
Los Angeles, CA 90094
Office : +1 (310) 301 5838
Mobile : +1 (805) 312 0052
Fax : +1 (310) 957-2348
<iana-stewardship-expenses-professional-vendor-01jun16-en.pdf>
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Yes, particularly on the point Paul highlights below that "For ICANN, which is an NGO acting in the global public interest, I cannot see any reason at all why ICANN would want or agree to a confidentiality arrangement as to the size of the fee paid." On top of that, there is no competition. Zakir From: Shreedeep Rayamajhi <rayamajhishreedeep@gmail.com> To: Cc: Executive Team <executive-team@icann.org>; Accountability Cross Community <accountability-cross-community@icann.org>; Icann-board ICANN <icann-board@icann.org>; Finance Staff <finance-staff@icann.org>; COMMS Team <commsteam@icann.org>; community-finance@icann.org; cwg-stewardship@icann.org Sent: Wednesday, July 20, 2016 8:04 PM Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
I agree completely with Marilyn and Phil On 20 Jul 2016 8:17 pm, "Lori Schulman" <lschulman@inta.org> wrote:
I don’t believe that 501©3 orgs can consider any consulting fees confidential as the top fees are required to be reported on the 990. Lori Lori S. SchulmanSenior Director, Internet PolicyInternational Trademark Association (INTA)+1-202-704-0408, Skype: lsschulman From: accountability-cross-community-bounces@icann.org [mailto:accountability-cross-community-bounces@icann.org]On Behalf Of Paul Rosenzweig Sent: Wednesday, July 20, 2016 10:16 AM To: 'Marilyn Cade' <marilynscade@hotmail.com>; 'Phil Corwin' <psc@vlaw-dc.com>; 'Schaefer, Brett' <brett.schaefer@heritage.org>; 'Xavier J. Calvez' <xavier.calvez@icann.org> Cc: cwg-stewardship@icann.org; 'CCWG-Accountability' <accountability-cross-community@icann.org>; icann-board@icann.org; 'Executive Team' <executive-team@icann.org>; 'COMMS Team' <commsteam@icann.org>; community-finance@icann.org; 'Finance Staff' <finance-staff@icann.org> Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update I agree completely with Marilyn and Phil. I have been on both sides of non-disclosure agreements – both ones requested by me and ones requested by my clients. Typically, a client (in the position of ICANN) may request that a consultant sign an NDA so as to protect the confidentiality of its efforts or its intellectual property. Sometimes a consultant might have a proprietary methodology or process that they are using on behalf of the client that they wish to protect. Neither circumstance applies here that I can see. And in no case that I am aware of has a client ever asked me to keep confidential my fee … I don’t broadcast them, but I’m in the private sector. For ICANN, which is an NGO acting in the global public interest, I cannot see any reason at all why ICANN would want or agree to a confidentiality arrangement as to the size of the fee paid. Xavier – can you tell us what the rationale is? I may be missing something ….. ThanksPaul Paul Rosenzweigpaul.rosenzweig@redbranchconsulting.comO: +1 (202) 547-0660M: +1 (202) 329-9650VOIP: +1 (202) 738-1739www.redbranchconsulting.comMy PGP Key:http://redbranchconsulting.com/who-we-are/public-pgp-key/ From:accountability-cross-community-bounces@icann.org [mailto:accountability-cross-community-bounces@icann.org]On Behalf Of Marilyn Cade Sent: Wednesday, July 20, 2016 9:05 AM To: Phil Corwin <psc@vlaw-dc.com>; Schaefer, Brett <brett.schaefer@heritage.org>; Xavier J. Calvez <xavier.calvez@icann.org> Cc: cwg-stewardship@icann.org; CCWG-Accountability <accountability-cross-community@icann.org>;icann-board@icann.org; Executive Team <executive-team@icann.org>; COMMS Team <commsteam@icann.org>;community-finance@icann.org; Finance Staff <finance-staff@icann.org> Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update I support Phil's clarifying explanation. I also think that anyone who is in this category, should have to declare if they re also representing companies in a SO/AC. Or advising governments. In the BC, we do not allow an ICANN consultant to be a BC member, regardless of the amount, but if someone is a backdoor advisor to ICANN and also a group of entities, in a SO/AC, that would not be so obvious, but I think that for integrity sake, of course, any such entity would recuse themselves from advising companies, while also advising ICANN. And I would expect ICANN to disqualify such entities as their consultants. Thanks, Phil, for this useful clarification. M From:psc@vlaw-dc.com To: Brett.Schaefer@heritage.org;xavier.calvez@icann.org Date: Wed, 20 Jul 2016 00:48:08 +0000 CC: cwg-stewardship@icann.org; accountability-cross-community@icann.org; icann-board@icann.org; executive-team@icann.org;commsteam@icann.org; community-finance@icann.org; finance-staff@icann.org Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 updateIn the U.S. much of what used to be done by registered lobbyists is now performed by “strategic advisors” who walk right up to the line of what constitutes lobbying (and maybe a few inches over), and nonetheless facilitate door opening to key members of Congress and the Executive branch, and who “educate” rather than “lobby” members of both branches of government. So while the seven firms may not be engaged in what is considered lobbying under current U.S. law, they are still likely engaged in helping to assure officials outcomes desired by ICANN corporate. It is for that reason – as well as for the exercise of effective oversight over ICANN budgeting and expenditures – that the community should have more data on this. If ICANN is prohibited by its contracts with these firms from disclosing its expenditures that is unfortunate – and in the future I would hope that ICANN would tell any firms being considered for such duties that its own transparency obligations to the community preclude it from agreeing to such restrictions (I’d wager that the majority of the firms would waive confidentiality rather than lose the contract). At a minimum, ICANN should disclose the aggregate amounts spent with these seven firms since they were engaged – surely their contracts don’t bar such aggregate reporting. Philip S. Corwin, Founding PrincipalVirtualaw LLC1155 F Street, NWSuite 1050Washington, DC 20004202-559-8597/Direct202-559-8750/Fax202-255-6172/Cell Twitter: @VlawDC "Luck is the residue of design" -- Branch Rickey From:accountability-cross-community-bounces@icann.org [mailto:accountability-cross-community-bounces@icann.org]On Behalf Of Schaefer, Brett Sent: Tuesday, July 19, 2016 1:04 PM To: Xavier J. Calvez Cc: cwg-stewardship@icann.org; CCWG-Accountability;icann-board@icann.org; Executive Team; COMMS Team;community-finance@icann.org; Finance Staff Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update Xavier, Are you saying that ICANN’s contracts for Education/Engagement/Advice with (1) Albright Stonebridge Group LLC, (2) Edelman, (3) Interface Media, (4) Rice Hadley Gates LLC, (5) Summit Strategies International LLC, (6) WBC Global, and (7) Wiley Rein LLP each contain confidentiality provisions that prohibit ICANN from disclosing the specific amount paid to each of these individual vendors? Does this only apply to the CCWG and the public or does it also apply to other parts of the ICANN community, specifically the Supporting Organizations and Advisory Committees? Thank you for the link on lobbying disclosures. For those who are interested, here are ICANN’s lobbying expenditures based on the disclosure website of the U.S. Congress. I do have a couple of additional questions. Would this source capture lobbying exclusively directed toward the US Executive Branch? Has ICANN spent any funds during this period lobbying governments other than the US? Thank you, Brett BrettSchaefer Jay Kingham Senior Research Fellow in International Regulatory Affairs Margaret Thatcher Center for Freedom Davis Institute for National Security and Foreign Policy The Heritage Foundation 214 Massachusetts Avenue, NE Washington, DC 20002 202-608-6097 heritage.orgFrom: Xavier J. Calvez [mailto:xavier.calvez@icann.org] Sent: Monday, July 18, 2016 6:30 PM To: Schaefer, Brett Cc: community-finance@icann.org;cwg-stewardship@icann.org; CCWG-Accountability; Executive Team; COMMS Team;icann-board@icann.org; Finance Staff Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update Brett,Yes, the information I provided in my latest email had been included in some previous communication. I just wanted to make sure you had a clear visibility on this information, which provides for (i) categories of expenses, (ii) the individual names of the vendors grouped for each category, and (iii) the total value of the expenses for each category.With respect to the contractual obligations of confidentiality in commercial contracts, ICANN is subject to them, like all business organizations. That said, we disclose what we can consistent with standard business confidentiality provisions in vendor contracts. We cannot disclose the specific amount of spend with each vendor but we were able to disclose the names of the service providers engaged.Regarding the lobbying expenses, as you are aware, both organizations that hire lobbyists and firms that lobby on behalf of organizations are required under U.S. federal law to file lobbying disclosure reports. In addition to ICANN’s quarterly lobbying disclosures posted on our website, you can find the amounts ICANN has paid to individual outside lobbying firms athttp://disclosures.house.gov/ld/ldsearch.aspx.I hope this helps and clarifies. Thank you. Best,Xavier Xavier CalvezICANNCFO12025 Waterfront Drive, Suite 300Los Angeles, CA 90094Office : +1 (310) 301 5838Mobile : +1 (805) 312 0052Fax : +1 (310) 957-2348 From:"Schaefer, Brett" <Brett.Schaefer@heritage.org> Date: Thursday, July 14, 2016 at 7:07 AM To: Xavier Calvez <xavier.calvez@icann.org> Cc: "community-finance@icann.org" <community-finance@icann.org>, "cwg-stewardship@icann.org" <cwg-stewardship@icann.org>, CCWG-Accountability <accountability-cross-community@icann.org>, Executive Team <executive-team@icann.org>, COMMS Team <commsteam@icann.org>, "icann-board@icann.org" <icann-board@icann.org>, Finance Staff <finance-staff@icann.org> Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update Xavier, This is pretty much the same information that was provided before. I am asking for a breakdown of how much was paid to each vender in the lobbying category (Akin Gump, etc.) and the education/engagement/advice category (Albright Stoneridge, etc.). Thank you, Brett On Jul 13, 2016, at 8:13 PM, Xavier J. Calvez <xavier.calvez@icann.org> wrote: Dear Brett, In response to your question listed below on 22 June: the detailed information provided on Other professional fees (other than legal fees, detailed in a separate section of the “Transition project cost” expense webpage, on the IANA Stewardship Transition webpage) can be found in the section called “Professional Services – Expenses Breakdown”. Within this section, you will find a link to a document that provides the list of Professional Services (other than legal fees) incurred, by category, with the names of the vendors, and the total amount of expenditures for the category.
This link is copied below and was provided in my first answer to your question. I have also attached the file to which this link refers in case the link would not work for you.
https://www.icann.org/en/system/files/files/iana-stewardship-expenses-profes... If this not addressing your question, please let me know. Thank you. Best,Xavier Xavier CalvezICANNCFO12025 Waterfront Drive, Suite 300Los Angeles, CA 90094Office : +1 (310) 301 5838Mobile : +1 (805) 312 0052Fax : +1 (310) 957-2348 BrettSchaefer Jay Kingham Senior Research Fellow in International Regulatory Affairs Margaret Thatcher Center for Freedom Davis Institute for National Security and Foreign Policy The Heritage Foundation 214 Massachusetts Avenue, NE Washington, DC 20002 202-608-6097 heritage.org From:Xavier Calvez <xavier.calvez@icann.org> Date: Tuesday, July 12, 2016 at 9:45 AM To: "Schaefer, Brett" <Brett.Schaefer@heritage.org>, "community-finance@icann.org" <community-finance@icann.org>, "cwg-stewardship@icann.org" <cwg-stewardship@icann.org>, CCWG-Accountability <accountability-cross-community@icann.org> Cc: Executive Team <executive-team@icann.org>, COMMS Team <commsteam@icann.org>, "icann-board@icann.org" <icann-board@icann.org>, Finance Staff <finance-staff@icann.org> Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update Brett,Thank you for following up.I will make sure to respond no later than the end of this week. Thank you. Best,Xavier Xavier CalvezICANNCFO12025 Waterfront Drive, Suite 300Los Angeles, CA 90094Office : +1 (310) 301 5838Mobile : +1 (805) 312 0052Fax : +1 (310) 957-2348 From:"Schaefer, Brett" <Brett.Schaefer@heritage.org> Date: Tuesday, July 12, 2016 at 11:38 AM To: Xavier Calvez <xavier.calvez@icann.org>, "community-finance@icann.org" <community-finance@icann.org>, "cwg-stewardship@icann.org" <cwg-stewardship@icann.org>, CCWG-Accountability <accountability-cross-community@icann.org> Cc: Executive Team <executive-team@icann.org>, COMMS Team <commsteam@icann.org>, "icann-board@icann.org" <icann-board@icann.org>, Finance Staff <finance-staff@icann.org> Subject: RE: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update Xavier, Thanks for promising to get this information to me in Helsinki. Do you have an estimate for when it will be provided? Thanks, Brett BrettSchaefer Jay Kingham Senior Research Fellow in International Regulatory Affairs Margaret Thatcher Center for Freedom Davis Institute for National Security and Foreign Policy The Heritage Foundation 214 Massachusetts Avenue, NE Washington, DC 20002 202-608-6097 heritage.orgFrom: Schaefer, Brett Sent: Wednesday, June 22, 2016 2:39 PM To: 'Xavier J. Calvez'; community-finance@icann.org;cwg-stewardship@icann.org; CCWG-Accountability Cc: Executive Team; COMMS Team; icann-board@icann.org; Finance Staff Subject: RE: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update Xavier, I appreciate the detailed breakdown on the legal fees That is indeed what I was looking for though I would think it useful to have the totals provided in the summary document. However, I did not see similar information for lobbying or education/ engagement/advice in the links provided. In fact, the only specific information that I saw listed is for Jamie Hedlund at $200,000. No information on other individual firms or vendors is listed at all – only the top line budget expenditure in the summary document link originally sent around. Could you provide that information? Thanks, Brett From: Xavier J. Calvez [mailto:xavier.calvez@icann.org] Sent: Wednesday, June 22, 2016 10:43 AM To: Schaefer, Brett; community-finance@icann.org;cwg-stewardship@icann.org; CCWG-Accountability Cc: Executive Team; COMMS Team; icann-board@icann.org; Finance Staff Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update Dear all,It appears that the first link in my email further below (detail of legal fees by firm) does not resolve correctly. Please use the below instead.https://www.icann.org/en/system/files/files/iana-stewardship-expenses-legal-... Thank you. Best,Xavier Xavier CalvezICANNCFO12025 Waterfront Drive, Suite 300Los Angeles, CA 90094Office : +1 (310) 301 5838Mobile : +1 (805) 312 0052Fax : +1 (310) 957-2348 From:Xavier Calvez <xavier.calvez@icann.org> Date: Wednesday, June 22, 2016 at 1:01 PM To: "Schaefer, Brett" <Brett.Schaefer@heritage.org>, "community-finance@icann.org" <community-finance@icann.org>, "cwg-stewardship@icann.org" <cwg-stewardship@icann.org>, CCWG-Accountability <accountability-cross-community@icann.org> Cc: Executive Team <executive-team@icann.org>, COMMS Team <commsteam@icann.org>, "icann-board@icann.org" <icann-board@icann.org>, Finance Staff <finance-staff@icann.org> Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update Dear Brett,Thank you for your interest and question.We currently publish the list of all vendors from whom ICANN obtain services in relation to the IANA Stewardship transition. The $$ value of the services received is aggregated by category of expenses, which you mention below (US Government affairs, Education/engagement/advice,…). This presentation is driven by 2 factors: providing clarity as to the type of services received, and abiding by the contractual obligation of confidentiality in force with each of the vendors (resulting from standard business sensitive information).We do publish however the detail of the legal advice, by firm and by working group, on this same page (see for example the link to the report of fees by firm:https://www.icann.org/en/system/files/files/iana-stewardship-expenses-legal-... will also find more information relative to ICANN’s lobbying in the following blog published a few months ago. In this blog, you will also find links to the disclosure reports that ICANN makes on lobbying activities.https://www.icann.org/resources/pages/lobbying-disclosures-contributions-201..., further information on lobbying appears in ICANN’s form 990 (Schedule C, Part II-B. On page 33/73 of the FY15 form 990 published at the following link):https://www.icann.org/en/system/files/files/fy-2015-form-990-10may16-en.pdfI hope this helps. Please let me know if you have further questions. Thank you. Best,Xavier Xavier CalvezICANNCFO12025 Waterfront Drive, Suite 300Los Angeles, CA 90094Office : +1 (310) 301 5838Mobile : +1 (805) 312 0052Fax : +1 (310) 957-2348 From:"Schaefer, Brett" <Brett.Schaefer@heritage.org> Date: Tuesday, June 21, 2016 at 9:54 PM To: Xavier Calvez <xavier.calvez@icann.org>, "community-finance@icann.org" <community-finance@icann.org>, "cwg-stewardship@icann.org" <cwg-stewardship@icann.org>, CCWG-Accountability <accountability-cross-community@icann.org> Cc: Executive Team <executive-team@icann.org>, COMMS Team <commsteam@icann.org>, "icann-board@icann.org" <icann-board@icann.org>, Finance Staff <finance-staff@icann.org> Subject: RE: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update Xavier, Thank you. Could you please provide a more detailed breakdown of legal advice, US government affairs, and educations/engagement/advice? In each category, there are multiple firms/vendors listed (https://www.icann.org/en/system/files/files/iana-stewardship-expenses-profes...). I would appreciate the amount provided to each individual vendor. If it is provided somewhere, I would appreciate you letting me know where to find it. Much appreciated, Brett BrettSchaefer Jay Kingham Senior Research Fellow in International Regulatory Affairs Margaret Thatcher Center for Freedom Davis Institute for National Security and Foreign Policy The Heritage Foundation 214 Massachusetts Avenue, NE Washington, DC 20002 202-608-6097 heritage.orgFrom:accountability-cross-community-bounces@icann.org [mailto:accountability-cross-community-bounces@icann.org]On Behalf Of Xavier J. Calvez Sent: Saturday, June 18, 2016 12:10 AM To: community-finance@icann.org;cwg-stewardship@icann.org; CCWG-Accountability Cc: Executive Team; COMMS Team; icann-board@icann.org; Finance Staff Subject: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update Dear all,You find at the link below the updated project’s expenses as of FY16 Q3 (from July 2014 to March 2016). As indicated a few months ago, we have added new detailed information on the staff support with the individual positions, names and percentages of effort over the period. https://www.icann.org/resources/pages/iana-stewardship-project-costs Thank you. Best,Xavier Xavier CalvezICANNCFO12025 Waterfront Drive, Suite 300Los Angeles, CA 90094Office : +1 (310) 301 5838Mobile : +1 (805) 312 0052Fax : +1 (310) 957-2348
<iana-stewardship-expenses-professional-vendor-01jun16-en.pdf>
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I believe Lori is correct here. IRS requirements on disclosures are usually quite specific here
Ken Stubbs
On 7/20/16 10:32, Lori Schulman wrote:
I don’t believe that 501©3 orgs can consider any consulting fees confidential as the top fees are required to be reported on the 990.
Lori
Lori S. Schulman
Senior Director, Internet Policy
*International Trademark Association (INTA)*
+1-202-704-0408, Skype: lsschulman
*From:*accountability-cross-community-bounces@icann.org [mailto:accountability-cross-community-bounces@icann.org] *On Behalf Of *Paul Rosenzweig *Sent:* Wednesday, July 20, 2016 10:16 AM *To:* 'Marilyn Cade' <marilynscade@hotmail.com>; 'Phil Corwin' <psc@vlaw-dc.com>; 'Schaefer, Brett' <brett.schaefer@heritage.org>; 'Xavier J. Calvez' <xavier.calvez@icann.org> *Cc:* cwg-stewardship@icann.org; 'CCWG-Accountability' <accountability-cross-community@icann.org>; icann-board@icann.org; 'Executive Team' <executive-team@icann.org>; 'COMMS Team' <commsteam@icann.org>; community-finance@icann.org; 'Finance Staff' <finance-staff@icann.org> *Subject:* Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
I agree completely with Marilyn and Phil. I have been on both sides of non-disclosure agreements – both ones requested by me and ones requested by my clients. Typically, a client (in the position of ICANN) may request that a consultant sign an NDA so as to protect the confidentiality of its efforts or its intellectual property.
Sometimes a consultant might have a proprietary methodology or process that they are using on behalf of the client that they wish to protect.Neither circumstance applies here that I can see. And in no case that I am aware of has a client ever asked me to keep confidential my fee … I don’t broadcast them, but I’m in the private sector. For ICANN, which is an NGO acting in the global public interest, I cannot see any reason at all why ICANN would want or agree to a confidentiality arrangement as to the size of the fee paid.
Xavier – can you tell us what the rationale is? I may be missing something …..
Thanks
Paul
Paul Rosenzweig
paul.rosenzweig@redbranchconsulting.com <mailto:paul.rosenzweig@redbranchconsulting.com>
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*From:*accountability-cross-community-bounces@icann.org <mailto:accountability-cross-community-bounces@icann.org> [mailto:accountability-cross-community-bounces@icann.org] *On Behalf Of *Marilyn Cade *Sent:* Wednesday, July 20, 2016 9:05 AM *To:* Phil Corwin <psc@vlaw-dc.com <mailto:psc@vlaw-dc.com>>; Schaefer, Brett <brett.schaefer@heritage.org <mailto:brett.schaefer@heritage.org>>; Xavier J. Calvez <xavier.calvez@icann.org <mailto:xavier.calvez@icann.org>> *Cc:* cwg-stewardship@icann.org <mailto:cwg-stewardship@icann.org>; CCWG-Accountability <accountability-cross-community@icann.org <mailto:accountability-cross-community@icann.org>>; icann-board@icann.org <mailto:icann-board@icann.org>; Executive Team <executive-team@icann.org <mailto:executive-team@icann.org>>; COMMS Team <commsteam@icann.org <mailto:commsteam@icann.org>>; community-finance@icann.org <mailto:community-finance@icann.org>; Finance Staff <finance-staff@icann.org <mailto:finance-staff@icann.org>> *Subject:* Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
I support Phil's clarifying explanation.
I also think that anyone who is in this category, should have to declare if they re also representing companies in a SO/AC.
Or advising governments.
In the BC, we do not allow an ICANN consultant to be a BC member, regardless of the amount, but if someone is a backdoor advisor to ICANN and also a group of entities, in a SO/AC, that would not be so obvious, but I think that for integrity sake, of course, any such entity would recuse themselves from advising companies, while also advising ICANN.
And I would expect ICANN to disqualify such entities as their consultants.
Thanks, Phil, for this useful clarification.
M
From: psc@vlaw-dc.com <mailto:psc@vlaw-dc.com> To: Brett.Schaefer@heritage.org <mailto:Brett.Schaefer@heritage.org>; xavier.calvez@icann.org <mailto:xavier.calvez@icann.org> Date: Wed, 20 Jul 2016 00:48:08 +0000 CC: cwg-stewardship@icann.org <mailto:cwg-stewardship@icann.org>; accountability-cross-community@icann.org <mailto:accountability-cross-community@icann.org>; icann-board@icann.org <mailto:icann-board@icann.org>; executive-team@icann.org <mailto:executive-team@icann.org>; commsteam@icann.org <mailto:commsteam@icann.org>; community-finance@icann.org <mailto:community-finance@icann.org>; finance-staff@icann.org <mailto:finance-staff@icann.org> Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
In the U.S. much of what used to be done by registered lobbyists is now performed by “strategic advisors” who walk right up to the line of what constitutes lobbying (and maybe a few inches over), and nonetheless facilitate door opening to key members of Congress and the Executive branch, and who “educate” rather than “lobby” members of both branches of government. So while the seven firms may not be engaged in what is considered lobbying under current U.S. law, they are still likely engaged in helping to assure officials outcomes desired by ICANN corporate.
It is for that reason – as well as for the exercise of effective oversight over ICANN budgeting and expenditures – that the community should have more data on this. If ICANN is prohibited by its contracts with these firms from disclosing its expenditures that is unfortunate – and in the future I would hope that ICANN would tell any firms being considered for such duties that its own transparency obligations to the community preclude it from agreeing to such restrictions (I’d wager that the majority of the firms would waive confidentiality rather than lose the contract).
At a minimum, ICANN should disclose the aggregate amounts spent with these seven firms since they were engaged – surely their contracts don’t bar such aggregate reporting.
*Philip S. Corwin, Founding Principal*
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*From:*accountability-cross-community-bounces@icann.org <mailto:accountability-cross-community-bounces@icann.org> [mailto:accountability-cross-community-bounces@icann.org] *On Behalf Of *Schaefer, Brett *Sent:* Tuesday, July 19, 2016 1:04 PM *To:* Xavier J. Calvez *Cc:* cwg-stewardship@icann.org <mailto:cwg-stewardship@icann.org>; CCWG-Accountability; icann-board@icann.org <mailto:icann-board@icann.org>; Executive Team; COMMS Team; community-finance@icann.org <mailto:community-finance@icann.org>; Finance Staff *Subject:* Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Xavier,
Are you saying that ICANN’s contracts for Education/Engagement/Advice with (1) Albright Stonebridge Group LLC, (2) Edelman, (3) Interface Media, (4) Rice Hadley Gates LLC, (5) Summit Strategies International LLC, (6) WBC Global, and (7) Wiley Rein LLP each contain confidentiality provisions that prohibit ICANN from disclosing the specific amount paid to each of these individual vendors?
Does this only apply to the CCWG and the public or does it also apply to other parts of the ICANN community, specifically the Supporting Organizations and Advisory Committees?
Thank you for the link on lobbying disclosures. For those who are interested, here are ICANN’s lobbying expenditures based on the disclosure website of the U.S. Congress.
I do have a couple of additional questions. Would this source capture lobbying exclusively directed toward the US Executive Branch? Has ICANN spent any funds during this period lobbying governments other than the US?
Thank you,
Brett
*Brett* *Schaefer*/ Jay Kingham Senior Research Fellow in International Regulatory Affairs Margaret Thatcher Center for Freedom Davis Institute for National Security and Foreign Policy/ The Heritage Foundation 214 Massachusetts Avenue, NE Washington, DC 20002 202-608-6097 heritage.org <http://heritage.org/>
*From:*Xavier J. Calvez [mailto:xavier.calvez@icann.org] *Sent:* Monday, July 18, 2016 6:30 PM *To:* Schaefer, Brett *Cc:* community-finance@icann.org <mailto:community-finance@icann.org>; cwg-stewardship@icann.org <mailto:cwg-stewardship@icann.org>; CCWG-Accountability; Executive Team; COMMS Team; icann-board@icann.org <mailto:icann-board@icann.org>; Finance Staff *Subject:* Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Brett,
Yes, the information I provided in my latest email had been included in some previous communication. I just wanted to make sure you had a clear visibility on this information, which provides for (i) categories of expenses, (ii) the individual names of the vendors grouped for each category, and (iii) the total value of the expenses for each category.
With respect to the contractual obligations of confidentiality in commercial contracts, ICANN is subject to them, like all business organizations. That said, we disclose what we can consistent with standard business confidentiality provisions in vendor contracts. We cannot disclose the specific amount of spend with each vendor but we were able to disclose the names of the service providers engaged.
Regarding the lobbying expenses, as you are aware, both organizations that hire lobbyists and firms that lobby on behalf of organizations are required under U.S. federal law to file lobbying disclosure reports. In addition to ICANN’s quarterly lobbying disclosures posted on our website, you can find the amounts ICANN has paid to individual outside lobbying firms at http://disclosures.house.gov/ld/ldsearch.aspx.
I hope this helps and clarifies.
Thank you.
Best,
Xavier
Xavier Calvez
ICANN
CFO
12025 Waterfront Drive, Suite 300
Los Angeles, CA 90094
Office : +1 (310) 301 5838
Mobile : +1 (805) 312 0052
Fax : +1 (310) 957-2348
*From: *"Schaefer, Brett" <Brett.Schaefer@heritage.org <mailto:Brett.Schaefer@heritage.org>> *Date: *Thursday, July 14, 2016 at 7:07 AM *To: *Xavier Calvez <xavier.calvez@icann.org <mailto:xavier.calvez@icann.org>> *Cc: *"community-finance@icann.org <mailto:community-finance@icann.org>" <community-finance@icann.org <mailto:community-finance@icann.org>>, "cwg-stewardship@icann.org <mailto:cwg-stewardship@icann.org>" <cwg-stewardship@icann.org <mailto:cwg-stewardship@icann.org>>, CCWG-Accountability <accountability-cross-community@icann.org <mailto:accountability-cross-community@icann.org>>, Executive Team <executive-team@icann.org <mailto:executive-team@icann.org>>, COMMS Team <commsteam@icann.org <mailto:commsteam@icann.org>>, "icann-board@icann.org <mailto:icann-board@icann.org>" <icann-board@icann.org <mailto:icann-board@icann.org>>, Finance Staff <finance-staff@icann.org <mailto:finance-staff@icann.org>> *Subject: *Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Xavier,
This is pretty much the same information that was provided before. I am asking for a breakdown of how much was paid to each vender in the lobbying category (Akin Gump, etc.) and the education/engagement/advice category (Albright Stoneridge, etc.).
Thank you,
Brett
On Jul 13, 2016, at 8:13 PM, Xavier J. Calvez <xavier.calvez@icann.org <mailto:xavier.calvez@icann.org>> wrote:
Dear Brett, In response to your question listed below on 22 June: the detailed information provided on Other professional fees (other than legal fees, detailed in a separate section of the “Transition project cost” expense webpage, on the IANA Stewardship Transition webpage) can be found in the section called “Professional Services – Expenses Breakdown”. Within this section, you will find a link to a document that provides the list of Professional Services (other than legal fees) incurred, by category, with the names of the vendors, and the total amount of expenditures for the category. This link is copied below and was provided in my first answer to your question. I have also attached the file to which this link refers in case the link would not work for you. https://www.icann.org/en/system/files/files/iana-stewardship-expenses-professional-vendor-01jun16-en.pdf If this not addressing your question, please let me know. Thank you. Best, Xavier Xavier Calvez ICANN CFO 12025 Waterfront Drive, Suite 300 Los Angeles, CA 90094 Office : +1 (310) 301 5838 Mobile : +1 (805) 312 0052 Fax : +1 (310) 957-2348
*Brett* *Schaefer*/ Jay Kingham Senior Research Fellow in International Regulatory Affairs Margaret Thatcher Center for Freedom Davis Institute for National Security and Foreign Policy/ The Heritage Foundation 214 Massachusetts Avenue, NE Washington, DC 20002 202-608-6097 heritage.org <http://heritage.org/>
*From: *Xavier Calvez <xavier.calvez@icann.org <mailto:xavier.calvez@icann.org>> *Date: *Tuesday, July 12, 2016 at 9:45 AM *To: *"Schaefer, Brett" <Brett.Schaefer@heritage.org <mailto:Brett.Schaefer@heritage.org>>, "community-finance@icann.org <mailto:community-finance@icann.org>" <community-finance@icann.org <mailto:community-finance@icann.org>>, "cwg-stewardship@icann.org <mailto:cwg-stewardship@icann.org>" <cwg-stewardship@icann.org <mailto:cwg-stewardship@icann.org>>, CCWG-Accountability <accountability-cross-community@icann.org <mailto:accountability-cross-community@icann.org>> *Cc: *Executive Team <executive-team@icann.org <mailto:executive-team@icann.org>>, COMMS Team <commsteam@icann.org <mailto:commsteam@icann.org>>, "icann-board@icann.org <mailto:icann-board@icann.org>" <icann-board@icann.org <mailto:icann-board@icann.org>>, Finance Staff <finance-staff@icann.org <mailto:finance-staff@icann.org>> *Subject: *Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update Brett, Thank you for following up. I will make sure to respond no later than the end of this week. Thank you. Best, Xavier Xavier Calvez ICANN CFO 12025 Waterfront Drive, Suite 300 Los Angeles, CA 90094 Office : +1 (310) 301 5838 Mobile : +1 (805) 312 0052 Fax : +1 (310) 957-2348 *From: *"Schaefer, Brett" <Brett.Schaefer@heritage.org <mailto:Brett.Schaefer@heritage.org>> *Date: *Tuesday, July 12, 2016 at 11:38 AM *To: *Xavier Calvez <xavier.calvez@icann.org <mailto:xavier.calvez@icann.org>>, "community-finance@icann.org <mailto:community-finance@icann.org>" <community-finance@icann.org <mailto:community-finance@icann.org>>, "cwg-stewardship@icann.org <mailto:cwg-stewardship@icann.org>" <cwg-stewardship@icann.org <mailto:cwg-stewardship@icann.org>>, CCWG-Accountability <accountability-cross-community@icann.org <mailto:accountability-cross-community@icann.org>> *Cc: *Executive Team <executive-team@icann.org <mailto:executive-team@icann.org>>, COMMS Team <commsteam@icann.org <mailto:commsteam@icann.org>>, "icann-board@icann.org <mailto:icann-board@icann.org>" <icann-board@icann.org <mailto:icann-board@icann.org>>, Finance Staff <finance-staff@icann.org <mailto:finance-staff@icann.org>> *Subject: *RE: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update Xavier, Thanks for promising to get this information to me in Helsinki. Do you have an estimate for when it will be provided? Thanks, Brett ------------------------------------------------------------------------ *Brett* *Schaefer*/ Jay Kingham Senior Research Fellow in International Regulatory Affairs Margaret Thatcher Center for Freedom Davis Institute for National Security and Foreign Policy/ The Heritage Foundation 214 Massachusetts Avenue, NE Washington, DC 20002 202-608-6097 heritage.org <http://heritage.org/> *From:*Schaefer, Brett *Sent:* Wednesday, June 22, 2016 2:39 PM *To:* 'Xavier J. Calvez'; community-finance@icann.org <mailto:community-finance@icann.org>; cwg-stewardship@icann.org <mailto:cwg-stewardship@icann.org>; CCWG-Accountability *Cc:* Executive Team; COMMS Team; icann-board@icann.org <mailto:icann-board@icann.org>; Finance Staff *Subject:* RE: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update Xavier, I appreciate the detailed breakdown on the legal fees That is indeed what I was looking for though I would think it useful to have the totals provided in the summary document. However, I did not see similar information for lobbying or education/ engagement/advice in the links provided. In fact, the only specific information that I saw listed is for Jamie Hedlund at $200,000. No information on other individual firms or vendors is listed at all – only the top line budget expenditure in the summary document link originally sent around. Could you provide that information? Thanks, Brett *From:*Xavier J. Calvez [mailto:xavier.calvez@icann.org] *Sent:* Wednesday, June 22, 2016 10:43 AM *To:* Schaefer, Brett; community-finance@icann.org <mailto:community-finance@icann.org>; cwg-stewardship@icann.org <mailto:cwg-stewardship@icann.org>; CCWG-Accountability *Cc:* Executive Team; COMMS Team; icann-board@icann.org <mailto:icann-board@icann.org>; Finance Staff *Subject:* Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update Dear all, It appears that the first link in my email further below (detail of legal fees by firm) does not resolve correctly. Please use the below instead. https://www.icann.org/en/system/files/files/iana-stewardship-expenses-legal-firm-fy16-01jun16-en.pdf Thank you. Best, Xavier Xavier Calvez ICANN CFO 12025 Waterfront Drive, Suite 300 Los Angeles, CA 90094 Office : +1 (310) 301 5838 Mobile : +1 (805) 312 0052 Fax : +1 (310) 957-2348 *From: *Xavier Calvez <xavier.calvez@icann.org <mailto:xavier.calvez@icann.org>> *Date: *Wednesday, June 22, 2016 at 1:01 PM *To: *"Schaefer, Brett" <Brett.Schaefer@heritage.org <mailto:Brett.Schaefer@heritage.org>>, "community-finance@icann.org <mailto:community-finance@icann.org>" <community-finance@icann.org <mailto:community-finance@icann.org>>, "cwg-stewardship@icann.org <mailto:cwg-stewardship@icann.org>" <cwg-stewardship@icann.org <mailto:cwg-stewardship@icann.org>>, CCWG-Accountability <accountability-cross-community@icann.org <mailto:accountability-cross-community@icann.org>> *Cc: *Executive Team <executive-team@icann.org <mailto:executive-team@icann.org>>, COMMS Team <commsteam@icann.org <mailto:commsteam@icann.org>>, "icann-board@icann.org <mailto:icann-board@icann.org>" <icann-board@icann.org <mailto:icann-board@icann.org>>, Finance Staff <finance-staff@icann.org <mailto:finance-staff@icann.org>> *Subject: *Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update Dear Brett, Thank you for your interest and question. We currently publish the list of all vendors from whom ICANN obtain services in relation to the IANA Stewardship transition. The $$ value of the services received is aggregated by category of expenses, which you mention below (US Government affairs, Education/engagement/advice,…). This presentation is driven by 2 factors: providing clarity as to the type of services received, and abiding by the contractual obligation of confidentiality in force with each of the vendors (resulting from standard business sensitive information). We do publish however the detail of the legal advice, by firm and by working group, on this same page (see for example the link to the report of fees by firm: _https://www.icann.org/en/system/files/files/iana-stewardship-expenses-legal-firm-fy16-01jun16-en.pdf) <https://www.icann.org/en/system/files/files/iana-stewardship-expenses-legal-firm-fy16-01jun16-en.pdf%29>_. You will also find more information relative to ICANN’s lobbying in the following blog published a few months ago. In this blog, you will also find links to the disclosure reports that ICANN makes on lobbying activities. _https://www.icann.org/resources/pages/lobbying-disclosures-contributions-2015-11-18-en._ Lastly, further information on lobbying appears in ICANN’s form 990 (Schedule C, Part II-B. On page 33/73 of the FY15 form 990 published at the following link): https://www.icann.org/en/system/files/files/fy-2015-form-990-10may16-en.pdf I hope this helps. Please let me know if you have further questions. Thank you. Best, Xavier Xavier Calvez ICANN CFO 12025 Waterfront Drive, Suite 300 Los Angeles, CA 90094 Office : +1 (310) 301 5838 Mobile : +1 (805) 312 0052 Fax : +1 (310) 957-2348 *From: *"Schaefer, Brett" <Brett.Schaefer@heritage.org <mailto:Brett.Schaefer@heritage.org>> *Date: *Tuesday, June 21, 2016 at 9:54 PM *To: *Xavier Calvez <xavier.calvez@icann.org <mailto:xavier.calvez@icann.org>>, "community-finance@icann.org <mailto:community-finance@icann.org>" <community-finance@icann.org <mailto:community-finance@icann.org>>, "cwg-stewardship@icann.org <mailto:cwg-stewardship@icann.org>" <cwg-stewardship@icann.org <mailto:cwg-stewardship@icann.org>>, CCWG-Accountability <accountability-cross-community@icann.org <mailto:accountability-cross-community@icann.org>> *Cc: *Executive Team <executive-team@icann.org <mailto:executive-team@icann.org>>, COMMS Team <commsteam@icann.org <mailto:commsteam@icann.org>>, "icann-board@icann.org <mailto:icann-board@icann.org>" <icann-board@icann.org <mailto:icann-board@icann.org>>, Finance Staff <finance-staff@icann.org <mailto:finance-staff@icann.org>> *Subject: *RE: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update Xavier, Thank you. Could you please provide a more detailed breakdown of legal advice, US government affairs, and educations/engagement/advice? In each category, there are multiple firms/vendors listed (https://www.icann.org/en/system/files/files/iana-stewardship-expenses-professional-vendor-01jun16-en.pdf). I would appreciate the amount provided to each individual vendor. If it is provided somewhere, I would appreciate you letting me know where to find it. Much appreciated, Brett ------------------------------------------------------------------------ *Brett* *Schaefer*/ Jay Kingham Senior Research Fellow in International Regulatory Affairs Margaret Thatcher Center for Freedom Davis Institute for National Security and Foreign Policy/ The Heritage Foundation 214 Massachusetts Avenue, NE Washington, DC 20002 202-608-6097 heritage.org <http://heritage.org/> *From:*accountability-cross-community-bounces@icann.org <mailto:accountability-cross-community-bounces@icann.org> [mailto:accountability-cross-community-bounces@icann.org] *On Behalf Of *Xavier J. Calvez *Sent:* Saturday, June 18, 2016 12:10 AM *To:* community-finance@icann.org <mailto:community-finance@icann.org>; cwg-stewardship@icann.org <mailto:cwg-stewardship@icann.org>; CCWG-Accountability *Cc:* Executive Team; COMMS Team; icann-board@icann.org <mailto:icann-board@icann.org>; Finance Staff *Subject:* [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update Dear all, You find at the link below the updated project’s expenses as of FY16 Q3 (from July 2014 to March 2016). As indicated a few months ago, we have added new detailed information on the staff support with the individual positions, names and percentages of effort over the period. _https://www.icann.org/resources/pages/iana-stewardship-project-costs_ Thank you. Best, Xavier Xavier Calvez ICANN CFO 12025 Waterfront Drive, Suite 300 Los Angeles, CA 90094 Office : +1 (310) 301 5838 Mobile : +1 (805) 312 0052 Fax : +1 (310) 957-2348 <iana-stewardship-expenses-professional-vendor-01jun16-en.pdf>
Accountability-Cross-Community mailing list Accountability-Cross-Community@icann.org <mailto:Accountability-Cross-Community@icann.org> https://mm.icann.org/mailman/listinfo/accountability-cross-community
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If the contract non-disclosure clause indeed violates IRS disclosure requirements then how could ICANN legal agree to it?
Philip S. Corwin, Founding Principal Virtualaw LLC 1155 F Street, NW Suite 1050 Washington, DC 20004 202-559-8597/Direct 202-559-8750/Fax 202-255-6172/Cell
Twitter: @VlawDC
"Luck is the residue of design" -- Branch Rickey
From: Ken Stubbs [mailto:kstubbs@afilias.info] Sent: Wednesday, July 20, 2016 11:37 AM To: Paul Rosenzweig; 'Marilyn Cade'; Phil Corwin; 'Schaefer, Brett'; 'Xavier J. Calvez' Cc: cwg-stewardship@icann.org; 'CCWG-Accountability'; icann-board@icann.org; 'Executive Team'; 'COMMS Team'; community-finance@icann.org; 'Finance Staff' Subject: Re: [community-finance] [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
I believe Lori is correct here. IRS requirements on disclosures are usually quite specific here
Ken Stubbs On 7/20/16 10:32, Lori Schulman wrote: I don't believe that 501(c)3 orgs can consider any consulting fees confidential as the top fees are required to be reported on the 990.
Lori
Lori S. Schulman Senior Director, Internet Policy International Trademark Association (INTA) +1-202-704-0408, Skype: lsschulman
From: accountability-cross-community-bounces@icann.org<mailto:accountability-cross-community-bounces@icann.org> [mailto:accountability-cross-community-bounces@icann.org] On Behalf Of Paul Rosenzweig Sent: Wednesday, July 20, 2016 10:16 AM To: 'Marilyn Cade' <marilynscade@hotmail.com><mailto:marilynscade@hotmail.com>; 'Phil Corwin' <psc@vlaw-dc.com><mailto:psc@vlaw-dc.com>; 'Schaefer, Brett' <brett.schaefer@heritage.org><mailto:brett.schaefer@heritage.org>; 'Xavier J. Calvez' <xavier.calvez@icann.org><mailto:xavier.calvez@icann.org> Cc: cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>; 'CCWG-Accountability' <accountability-cross-community@icann.org><mailto:accountability-cross-community@icann.org>; icann-board@icann.org<mailto:icann-board@icann.org>; 'Executive Team' <executive-team@icann.org><mailto:executive-team@icann.org>; 'COMMS Team' <commsteam@icann.org><mailto:commsteam@icann.org>; community-finance@icann.org<mailto:community-finance@icann.org>; 'Finance Staff' <finance-staff@icann.org><mailto:finance-staff@icann.org> Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
I agree completely with Marilyn and Phil. I have been on both sides of non-disclosure agreements - both ones requested by me and ones requested by my clients. Typically, a client (in the position of ICANN) may request that a consultant sign an NDA so as to protect the confidentiality of its efforts or its intellectual property. Sometimes a consultant might have a proprietary methodology or process that they are using on behalf of the client that they wish to protect.
Neither circumstance applies here that I can see. And in no case that I am aware of has a client ever asked me to keep confidential my fee ... I don't broadcast them, but I'm in the private sector. For ICANN, which is an NGO acting in the global public interest, I cannot see any reason at all why ICANN would want or agree to a confidentiality arrangement as to the size of the fee paid.
Xavier - can you tell us what the rationale is? I may be missing something .....
Thanks Paul
Paul Rosenzweig paul.rosenzweig@redbranchconsulting.com<mailto:paul.rosenzweig@redbranchconsulting.com> O: +1 (202) 547-0660 M: +1 (202) 329-9650 VOIP: +1 (202) 738-1739 www.redbranchconsulting.com<http://www.redbranchconsulting.com/> My PGP Key: http://redbranchconsulting.com/who-we-are/public-pgp-key/
From: accountability-cross-community-bounces@icann.org<mailto:accountability-cross-community-bounces@icann.org> [mailto:accountability-cross-community-bounces@icann.org] On Behalf Of Marilyn Cade Sent: Wednesday, July 20, 2016 9:05 AM To: Phil Corwin <psc@vlaw-dc.com<mailto:psc@vlaw-dc.com>>; Schaefer, Brett <brett.schaefer@heritage.org<mailto:brett.schaefer@heritage.org>>; Xavier J. Calvez <xavier.calvez@icann.org<mailto:xavier.calvez@icann.org>> Cc: cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>; CCWG-Accountability <accountability-cross-community@icann.org<mailto:accountability-cross-community@icann.org>>; icann-board@icann.org<mailto:icann-board@icann.org>; Executive Team <executive-team@icann.org<mailto:executive-team@icann.org>>; COMMS Team <commsteam@icann.org<mailto:commsteam@icann.org>>; community-finance@icann.org<mailto:community-finance@icann.org>; Finance Staff <finance-staff@icann.org<mailto:finance-staff@icann.org>> Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
I support Phil's clarifying explanation.
I also think that anyone who is in this category, should have to declare if they re also representing companies in a SO/AC.
Or advising governments.
In the BC, we do not allow an ICANN consultant to be a BC member, regardless of the amount, but if someone is a backdoor advisor to ICANN and also a group of entities, in a SO/AC, that would not be so obvious, but I think that for integrity sake, of course, any such entity would recuse themselves from advising companies, while also advising ICANN.
And I would expect ICANN to disqualify such entities as their consultants.
Thanks, Phil, for this useful clarification.
M
From: psc@vlaw-dc.com<mailto:psc@vlaw-dc.com> To: Brett.Schaefer@heritage.org<mailto:Brett.Schaefer@heritage.org>; xavier.calvez@icann.org<mailto:xavier.calvez@icann.org> Date: Wed, 20 Jul 2016 00:48:08 +0000 CC: cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>; accountability-cross-community@icann.org<mailto:accountability-cross-community@icann.org>; icann-board@icann.org<mailto:icann-board@icann.org>; executive-team@icann.org<mailto:executive-team@icann.org>; commsteam@icann.org<mailto:commsteam@icann.org>; community-finance@icann.org<mailto:community-finance@icann.org>; finance-staff@icann.org<mailto:finance-staff@icann.org> Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update In the U.S. much of what used to be done by registered lobbyists is now performed by "strategic advisors" who walk right up to the line of what constitutes lobbying (and maybe a few inches over), and nonetheless facilitate door opening to key members of Congress and the Executive branch, and who "educate" rather than "lobby" members of both branches of government. So while the seven firms may not be engaged in what is considered lobbying under current U.S. law, they are still likely engaged in helping to assure officials outcomes desired by ICANN corporate.
It is for that reason - as well as for the exercise of effective oversight over ICANN budgeting and expenditures - that the community should have more data on this. If ICANN is prohibited by its contracts with these firms from disclosing its expenditures that is unfortunate - and in the future I would hope that ICANN would tell any firms being considered for such duties that its own transparency obligations to the community preclude it from agreeing to such restrictions (I'd wager that the majority of the firms would waive confidentiality rather than lose the contract).
At a minimum, ICANN should disclose the aggregate amounts spent with these seven firms since they were engaged - surely their contracts don't bar such aggregate reporting.
Philip S. Corwin, Founding Principal Virtualaw LLC 1155 F Street, NW Suite 1050 Washington, DC 20004 202-559-8597/Direct 202-559-8750/Fax 202-255-6172/Cell
Twitter: @VlawDC
"Luck is the residue of design" -- Branch Rickey
From: accountability-cross-community-bounces@icann.org<mailto:accountability-cross-community-bounces@icann.org> [mailto:accountability-cross-community-bounces@icann.org] On Behalf Of Schaefer, Brett Sent: Tuesday, July 19, 2016 1:04 PM To: Xavier J. Calvez Cc: cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>; CCWG-Accountability; icann-board@icann.org<mailto:icann-board@icann.org>; Executive Team; COMMS Team; community-finance@icann.org<mailto:community-finance@icann.org>; Finance Staff Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Xavier,
Are you saying that ICANN's contracts for Education/Engagement/Advice with (1) Albright Stonebridge Group LLC, (2) Edelman, (3) Interface Media, (4) Rice Hadley Gates LLC, (5) Summit Strategies International LLC, (6) WBC Global, and (7) Wiley Rein LLP each contain confidentiality provisions that prohibit ICANN from disclosing the specific amount paid to each of these individual vendors?
Does this only apply to the CCWG and the public or does it also apply to other parts of the ICANN community, specifically the Supporting Organizations and Advisory Committees?
Thank you for the link on lobbying disclosures. For those who are interested, here are ICANN's lobbying expenditures based on the disclosure website of the U.S. Congress.
[cid:image001.png@01D1E27F.24BC9E00]
I do have a couple of additional questions. Would this source capture lobbying exclusively directed toward the US Executive Branch? Has ICANN spent any funds during this period lobbying governments other than the US?
Thank you,
Brett
Brett Schaefer Jay Kingham Senior Research Fellow in International Regulatory Affairs Margaret Thatcher Center for Freedom Davis Institute for National Security and Foreign Policy The Heritage Foundation 214 Massachusetts Avenue, NE Washington, DC 20002 202-608-6097 heritage.org<http://heritage.org/> From: Xavier J. Calvez [mailto:xavier.calvez@icann.org] Sent: Monday, July 18, 2016 6:30 PM To: Schaefer, Brett Cc: community-finance@icann.org<mailto:community-finance@icann.org>; cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>; CCWG-Accountability; Executive Team; COMMS Team; icann-board@icann.org<mailto:icann-board@icann.org>; Finance Staff Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Brett, Yes, the information I provided in my latest email had been included in some previous communication. I just wanted to make sure you had a clear visibility on this information, which provides for (i) categories of expenses, (ii) the individual names of the vendors grouped for each category, and (iii) the total value of the expenses for each category. With respect to the contractual obligations of confidentiality in commercial contracts, ICANN is subject to them, like all business organizations. That said, we disclose what we can consistent with standard business confidentiality provisions in vendor contracts. We cannot disclose the specific amount of spend with each vendor but we were able to disclose the names of the service providers engaged. Regarding the lobbying expenses, as you are aware, both organizations that hire lobbyists and firms that lobby on behalf of organizations are required under U.S. federal law to file lobbying disclosure reports. In addition to ICANN's quarterly lobbying disclosures posted on our website, you can find the amounts ICANN has paid to individual outside lobbying firms at http://disclosures.house.gov/ld/ldsearch.aspx. I hope this helps and clarifies.
Thank you.
Best, Xavier
Xavier Calvez ICANN CFO 12025 Waterfront Drive, Suite 300 Los Angeles, CA 90094 Office : +1 (310) 301 5838 Mobile : +1 (805) 312 0052 Fax : +1 (310) 957-2348
From: "Schaefer, Brett" <Brett.Schaefer@heritage.org<mailto:Brett.Schaefer@heritage.org>> Date: Thursday, July 14, 2016 at 7:07 AM To: Xavier Calvez <xavier.calvez@icann.org<mailto:xavier.calvez@icann.org>> Cc: "community-finance@icann.org<mailto:community-finance@icann.org>" <community-finance@icann.org<mailto:community-finance@icann.org>>, "cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>" <cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>>, CCWG-Accountability <accountability-cross-community@icann.org<mailto:accountability-cross-community@icann.org>>, Executive Team <executive-team@icann.org<mailto:executive-team@icann.org>>, COMMS Team <commsteam@icann.org<mailto:commsteam@icann.org>>, "icann-board@icann.org<mailto:icann-board@icann.org>" <icann-board@icann.org<mailto:icann-board@icann.org>>, Finance Staff <finance-staff@icann.org<mailto:finance-staff@icann.org>> Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Xavier,
This is pretty much the same information that was provided before. I am asking for a breakdown of how much was paid to each vender in the lobbying category (Akin Gump, etc.) and the education/engagement/advice category (Albright Stoneridge, etc.).
Thank you,
Brett
On Jul 13, 2016, at 8:13 PM, Xavier J. Calvez <xavier.calvez@icann.org<mailto:xavier.calvez@icann.org>> wrote: Dear Brett, In response to your question listed below on 22 June: the detailed information provided on Other professional fees (other than legal fees, detailed in a separate section of the "Transition project cost" expense webpage, on the IANA Stewardship Transition webpage) can be found in the section called "Professional Services - Expenses Breakdown". Within this section, you will find a link to a document that provides the list of Professional Services (other than legal fees) incurred, by category, with the names of the vendors, and the total amount of expenditures for the category. This link is copied below and was provided in my first answer to your question. I have also attached the file to which this link refers in case the link would not work for you. https://www.icann.org/en/system/files/files/iana-stewardship-expenses-profes... If this not addressing your question, please let me know.
Thank you.
Best, Xavier
Xavier Calvez ICANN CFO 12025 Waterfront Drive, Suite 300 Los Angeles, CA 90094 Office : +1 (310) 301 5838 Mobile : +1 (805) 312 0052 Fax : +1 (310) 957-2348
Brett Schaefer Jay Kingham Senior Research Fellow in International Regulatory Affairs Margaret Thatcher Center for Freedom Davis Institute for National Security and Foreign Policy The Heritage Foundation 214 Massachusetts Avenue, NE Washington, DC 20002 202-608-6097 heritage.org<http://heritage.org/> From: Xavier Calvez <xavier.calvez@icann.org<mailto:xavier.calvez@icann.org>> Date: Tuesday, July 12, 2016 at 9:45 AM To: "Schaefer, Brett" <Brett.Schaefer@heritage.org<mailto:Brett.Schaefer@heritage.org>>, "community-finance@icann.org<mailto:community-finance@icann.org>" <community-finance@icann.org<mailto:community-finance@icann.org>>, "cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>" <cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>>, CCWG-Accountability <accountability-cross-community@icann.org<mailto:accountability-cross-community@icann.org>> Cc: Executive Team <executive-team@icann.org<mailto:executive-team@icann.org>>, COMMS Team <commsteam@icann.org<mailto:commsteam@icann.org>>, "icann-board@icann.org<mailto:icann-board@icann.org>" <icann-board@icann.org<mailto:icann-board@icann.org>>, Finance Staff <finance-staff@icann.org<mailto:finance-staff@icann.org>> Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Brett, Thank you for following up. I will make sure to respond no later than the end of this week.
Thank you.
Best, Xavier
Xavier Calvez ICANN CFO 12025 Waterfront Drive, Suite 300 Los Angeles, CA 90094 Office : +1 (310) 301 5838 Mobile : +1 (805) 312 0052 Fax : +1 (310) 957-2348
From: "Schaefer, Brett" <Brett.Schaefer@heritage.org<mailto:Brett.Schaefer@heritage.org>> Date: Tuesday, July 12, 2016 at 11:38 AM To: Xavier Calvez <xavier.calvez@icann.org<mailto:xavier.calvez@icann.org>>, "community-finance@icann.org<mailto:community-finance@icann.org>" <community-finance@icann.org<mailto:community-finance@icann.org>>, "cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>" <cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>>, CCWG-Accountability <accountability-cross-community@icann.org<mailto:accountability-cross-community@icann.org>> Cc: Executive Team <executive-team@icann.org<mailto:executive-team@icann.org>>, COMMS Team <commsteam@icann.org<mailto:commsteam@icann.org>>, "icann-board@icann.org<mailto:icann-board@icann.org>" <icann-board@icann.org<mailto:icann-board@icann.org>>, Finance Staff <finance-staff@icann.org<mailto:finance-staff@icann.org>> Subject: RE: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Xavier,
Thanks for promising to get this information to me in Helsinki. Do you have an estimate for when it will be provided?
Thanks,
Brett
Brett Schaefer Jay Kingham Senior Research Fellow in International Regulatory Affairs Margaret Thatcher Center for Freedom Davis Institute for National Security and Foreign Policy The Heritage Foundation 214 Massachusetts Avenue, NE Washington, DC 20002 202-608-6097 heritage.org<http://heritage.org/> From: Schaefer, Brett Sent: Wednesday, June 22, 2016 2:39 PM To: 'Xavier J. Calvez'; community-finance@icann.org<mailto:community-finance@icann.org>; cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>; CCWG-Accountability Cc: Executive Team; COMMS Team; icann-board@icann.org<mailto:icann-board@icann.org>; Finance Staff Subject: RE: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Xavier,
I appreciate the detailed breakdown on the legal fees That is indeed what I was looking for though I would think it useful to have the totals provided in the summary document.
However, I did not see similar information for lobbying or education/ engagement/advice in the links provided. In fact, the only specific information that I saw listed is for Jamie Hedlund at $200,000. No information on other individual firms or vendors is listed at all - only the top line budget expenditure in the summary document link originally sent around.
Could you provide that information?
Thanks,
Brett
From: Xavier J. Calvez [mailto:xavier.calvez@icann.org] Sent: Wednesday, June 22, 2016 10:43 AM To: Schaefer, Brett; community-finance@icann.org<mailto:community-finance@icann.org>; cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>; CCWG-Accountability Cc: Executive Team; COMMS Team; icann-board@icann.org<mailto:icann-board@icann.org>; Finance Staff Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Dear all, It appears that the first link in my email further below (detail of legal fees by firm) does not resolve correctly. Please use the below instead. https://www.icann.org/en/system/files/files/iana-stewardship-expenses-legal-...
Thank you.
Best, Xavier
Xavier Calvez ICANN CFO 12025 Waterfront Drive, Suite 300 Los Angeles, CA 90094 Office : +1 (310) 301 5838 Mobile : +1 (805) 312 0052 Fax : +1 (310) 957-2348
From: Xavier Calvez <xavier.calvez@icann.org<mailto:xavier.calvez@icann.org>> Date: Wednesday, June 22, 2016 at 1:01 PM To: "Schaefer, Brett" <Brett.Schaefer@heritage.org<mailto:Brett.Schaefer@heritage.org>>, "community-finance@icann.org<mailto:community-finance@icann.org>" <community-finance@icann.org<mailto:community-finance@icann.org>>, "cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>" <cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>>, CCWG-Accountability <accountability-cross-community@icann.org<mailto:accountability-cross-community@icann.org>> Cc: Executive Team <executive-team@icann.org<mailto:executive-team@icann.org>>, COMMS Team <commsteam@icann.org<mailto:commsteam@icann.org>>, "icann-board@icann.org<mailto:icann-board@icann.org>" <icann-board@icann.org<mailto:icann-board@icann.org>>, Finance Staff <finance-staff@icann.org<mailto:finance-staff@icann.org>> Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Dear Brett, Thank you for your interest and question. We currently publish the list of all vendors from whom ICANN obtain services in relation to the IANA Stewardship transition. The $$ value of the services received is aggregated by category of expenses, which you mention below (US Government affairs, Education/engagement/advice,...). This presentation is driven by 2 factors: providing clarity as to the type of services received, and abiding by the contractual obligation of confidentiality in force with each of the vendors (resulting from standard business sensitive information). We do publish however the detail of the legal advice, by firm and by working group, on this same page (see for example the link to the report of fees by firm: https://www.icann.org/en/system/files/files/iana-stewardship-expenses-legal-firm-fy16-01jun16-en.pdf)<https://www.icann.org/en/system/files/files/iana-stewardship-expenses-legal-firm-fy16-01jun16-en.pdf%29>. You will also find more information relative to ICANN's lobbying in the following blog published a few months ago. In this blog, you will also find links to the disclosure reports that ICANN makes on lobbying activities. https://www.icann.org/resources/pages/lobbying-disclosures-contributions-201.... Lastly, further information on lobbying appears in ICANN's form 990 (Schedule C, Part II-B. On page 33/73 of the FY15 form 990 published at the following link): https://www.icann.org/en/system/files/files/fy-2015-form-990-10may16-en.pdf I hope this helps. Please let me know if you have further questions.
Thank you.
Best, Xavier
Xavier Calvez ICANN CFO 12025 Waterfront Drive, Suite 300 Los Angeles, CA 90094 Office : +1 (310) 301 5838 Mobile : +1 (805) 312 0052 Fax : +1 (310) 957-2348
From: "Schaefer, Brett" <Brett.Schaefer@heritage.org<mailto:Brett.Schaefer@heritage.org>> Date: Tuesday, June 21, 2016 at 9:54 PM To: Xavier Calvez <xavier.calvez@icann.org<mailto:xavier.calvez@icann.org>>, "community-finance@icann.org<mailto:community-finance@icann.org>" <community-finance@icann.org<mailto:community-finance@icann.org>>, "cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>" <cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>>, CCWG-Accountability <accountability-cross-community@icann.org<mailto:accountability-cross-community@icann.org>> Cc: Executive Team <executive-team@icann.org<mailto:executive-team@icann.org>>, COMMS Team <commsteam@icann.org<mailto:commsteam@icann.org>>, "icann-board@icann.org<mailto:icann-board@icann.org>" <icann-board@icann.org<mailto:icann-board@icann.org>>, Finance Staff <finance-staff@icann.org<mailto:finance-staff@icann.org>> Subject: RE: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Xavier,
Thank you. Could you please provide a more detailed breakdown of legal advice, US government affairs, and educations/engagement/advice? In each category, there are multiple firms/vendors listed (https://www.icann.org/en/system/files/files/iana-stewardship-expenses-profes...). I would appreciate the amount provided to each individual vendor. If it is provided somewhere, I would appreciate you letting me know where to find it.
Much appreciated,
Brett
Brett Schaefer Jay Kingham Senior Research Fellow in International Regulatory Affairs Margaret Thatcher Center for Freedom Davis Institute for National Security and Foreign Policy The Heritage Foundation 214 Massachusetts Avenue, NE Washington, DC 20002 202-608-6097 heritage.org<http://heritage.org/> From: accountability-cross-community-bounces@icann.org<mailto:accountability-cross-community-bounces@icann.org> [mailto:accountability-cross-community-bounces@icann.org] On Behalf Of Xavier J. Calvez Sent: Saturday, June 18, 2016 12:10 AM To: community-finance@icann.org<mailto:community-finance@icann.org>; cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>; CCWG-Accountability Cc: Executive Team; COMMS Team; icann-board@icann.org<mailto:icann-board@icann.org>; Finance Staff Subject: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Dear all, You find at the link below the updated project's expenses as of FY16 Q3 (from July 2014 to March 2016). As indicated a few months ago, we have added new detailed information on the staff support with the individual positions, names and percentages of effort over the period.
https://www.icann.org/resources/pages/iana-stewardship-project-costs
Thank you.
Best, Xavier
Xavier Calvez ICANN CFO 12025 Waterfront Drive, Suite 300 Los Angeles, CA 90094 Office : +1 (310) 301 5838 Mobile : +1 (805) 312 0052 Fax : +1 (310) 957-2348
<iana-stewardship-expenses-professional-vendor-01jun16-en.pdf>
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As the non-lawyer economist here I would like to observe that the discussion has honed in on a specific enough question, one that has an ICANN definitive answer, and that it should be put both to the Board and the new CEO for a an answer and clarification. I previously worried that the ICANN DNS contract with .sucks seemed to verge on ICANN exposing itself to the RICO act in the U.S., given the .sucks marketing plan. Maybe I am overly cautious but as a not-for-profit corporation operating in the public interest ICANN is more than obliged to provide clarity here. Silence won't do.
Sam Lanfranco, NPOC/CSIH
On 7/20/2016 12:06 PM, Phil Corwin wrote:
If the contract non-disclosure clause indeed violates IRS disclosure requirements then how could ICANN legal agree to it?
*Philip S. Corwin, Founding Principal*
*Virtualaw LLC*
*1155 F Street, NW*
*Suite 1050*
*Washington, DC 20004*
*202-559-8597/Direct*
*202-559-8750/Fax*
*202-255-6172/Cell***
**
*Twitter: @VlawDC*
*/"Luck is the residue of design" -- Branch Rickey/*
*From:*Ken Stubbs [mailto:kstubbs@afilias.info] *Sent:* Wednesday, July 20, 2016 11:37 AM *To:* Paul Rosenzweig; 'Marilyn Cade'; Phil Corwin; 'Schaefer, Brett'; 'Xavier J. Calvez' *Cc:* cwg-stewardship@icann.org; 'CCWG-Accountability'; icann-board@icann.org; 'Executive Team'; 'COMMS Team'; community-finance@icann.org; 'Finance Staff' *Subject:* Re: [community-finance] [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
I believe Lori is correct here. IRS requirements on disclosures are usually quite specific here
Ken Stubbs
On 7/20/16 10:32, Lori Schulman wrote:
I don’t believe that 501©3 orgs can consider any consulting fees confidential as the top fees are required to be reported on the 990. Lori Lori S. Schulman Senior Director, Internet Policy *International Trademark Association (INTA)* +1-202-704-0408, Skype: lsschulman *From:*accountability-cross-community-bounces@icann.org <mailto:accountability-cross-community-bounces@icann.org> [mailto:accountability-cross-community-bounces@icann.org] *On Behalf Of *Paul Rosenzweig *Sent:* Wednesday, July 20, 2016 10:16 AM *To:* 'Marilyn Cade' <marilynscade@hotmail.com> <mailto:marilynscade@hotmail.com>; 'Phil Corwin' <psc@vlaw-dc.com> <mailto:psc@vlaw-dc.com>; 'Schaefer, Brett' <brett.schaefer@heritage.org> <mailto:brett.schaefer@heritage.org>; 'Xavier J. Calvez' <xavier.calvez@icann.org> <mailto:xavier.calvez@icann.org> *Cc:* cwg-stewardship@icann.org <mailto:cwg-stewardship@icann.org>; 'CCWG-Accountability' <accountability-cross-community@icann.org> <mailto:accountability-cross-community@icann.org>; icann-board@icann.org <mailto:icann-board@icann.org>; 'Executive Team' <executive-team@icann.org> <mailto:executive-team@icann.org>; 'COMMS Team' <commsteam@icann.org> <mailto:commsteam@icann.org>; community-finance@icann.org <mailto:community-finance@icann.org>; 'Finance Staff' <finance-staff@icann.org> <mailto:finance-staff@icann.org> *Subject:* Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update I agree completely with Marilyn and Phil. I have been on both sides of non-disclosure agreements – both ones requested by me and ones requested by my clients. Typically, a client (in the position of ICANN) may request that a consultant sign an NDA so as to protect the confidentiality of its efforts or its intellectual property. Sometimes a consultant might have a proprietary methodology or process that they are using on behalf of the client that they wish to protect. Neither circumstance applies here that I can see. And in no case that I am aware of has a client ever asked me to keep confidential my fee … I don’t broadcast them, but I’m in the private sector. For ICANN, which is an NGO acting in the global public interest, I cannot see any reason at all why ICANN would want or agree to a confidentiality arrangement as to the size of the fee paid. Xavier – can you tell us what the rationale is? I may be missing something ….. Thanks Paul Paul Rosenzweig paul.rosenzweig@redbranchconsulting.com <mailto:paul.rosenzweig@redbranchconsulting.com> O: +1 (202) 547-0660 M: +1 (202) 329-9650 VOIP: +1 (202) 738-1739 www.redbranchconsulting.com <http://www.redbranchconsulting.com/> My PGP Key: http://redbranchconsulting.com/who-we-are/public-pgp-key/ *From:*accountability-cross-community-bounces@icann.org <mailto:accountability-cross-community-bounces@icann.org> [mailto:accountability-cross-community-bounces@icann.org] *On Behalf Of *Marilyn Cade *Sent:* Wednesday, July 20, 2016 9:05 AM *To:* Phil Corwin <psc@vlaw-dc.com <mailto:psc@vlaw-dc.com>>; Schaefer, Brett <brett.schaefer@heritage.org <mailto:brett.schaefer@heritage.org>>; Xavier J. Calvez <xavier.calvez@icann.org <mailto:xavier.calvez@icann.org>> *Cc:* cwg-stewardship@icann.org <mailto:cwg-stewardship@icann.org>; CCWG-Accountability <accountability-cross-community@icann.org <mailto:accountability-cross-community@icann.org>>; icann-board@icann.org <mailto:icann-board@icann.org>; Executive Team <executive-team@icann.org <mailto:executive-team@icann.org>>; COMMS Team <commsteam@icann.org <mailto:commsteam@icann.org>>; community-finance@icann.org <mailto:community-finance@icann.org>; Finance Staff <finance-staff@icann.org <mailto:finance-staff@icann.org>> *Subject:* Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update I support Phil's clarifying explanation. I also think that anyone who is in this category, should have to declare if they re also representing companies in a SO/AC. Or advising governments. In the BC, we do not allow an ICANN consultant to be a BC member, regardless of the amount, but if someone is a backdoor advisor to ICANN and also a group of entities, in a SO/AC, that would not be so obvious, but I think that for integrity sake, of course, any such entity would recuse themselves from advising companies, while also advising ICANN. And I would expect ICANN to disqualify such entities as their consultants. Thanks, Phil, for this useful clarification. M ------------------------------------------------------------------------ From: psc@vlaw-dc.com <mailto:psc@vlaw-dc.com> To: Brett.Schaefer@heritage.org <mailto:Brett.Schaefer@heritage.org>; xavier.calvez@icann.org <mailto:xavier.calvez@icann.org> Date: Wed, 20 Jul 2016 00:48:08 +0000 CC: cwg-stewardship@icann.org <mailto:cwg-stewardship@icann.org>; accountability-cross-community@icann.org <mailto:accountability-cross-community@icann.org>; icann-board@icann.org <mailto:icann-board@icann.org>; executive-team@icann.org <mailto:executive-team@icann.org>; commsteam@icann.org <mailto:commsteam@icann.org>; community-finance@icann.org <mailto:community-finance@icann.org>; finance-staff@icann.org <mailto:finance-staff@icann.org> Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update In the U.S. much of what used to be done by registered lobbyists is now performed by “strategic advisors” who walk right up to the line of what constitutes lobbying (and maybe a few inches over), and nonetheless facilitate door opening to key members of Congress and the Executive branch, and who “educate” rather than “lobby” members of both branches of government. So while the seven firms may not be engaged in what is considered lobbying under current U.S. law, they are still likely engaged in helping to assure officials outcomes desired by ICANN corporate. It is for that reason – as well as for the exercise of effective oversight over ICANN budgeting and expenditures – that the community should have more data on this. If ICANN is prohibited by its contracts with these firms from disclosing its expenditures that is unfortunate – and in the future I would hope that ICANN would tell any firms being considered for such duties that its own transparency obligations to the community preclude it from agreeing to such restrictions (I’d wager that the majority of the firms would waive confidentiality rather than lose the contract). At a minimum, ICANN should disclose the aggregate amounts spent with these seven firms since they were engaged – surely their contracts don’t bar such aggregate reporting. *Philip S. Corwin, Founding Principal* *Virtualaw LLC* *1155 F Street, NW* *Suite 1050* *Washington, DC 20004* *202-559-8597/Direct* *202-559-8750/Fax* *202-255-6172/Cell* ** *Twitter: @VlawDC* */"Luck is the residue of design" -- Branch Rickey/* *From:*accountability-cross-community-bounces@icann.org <mailto:accountability-cross-community-bounces@icann.org> [mailto:accountability-cross-community-bounces@icann.org] *On Behalf Of *Schaefer, Brett *Sent:* Tuesday, July 19, 2016 1:04 PM *To:* Xavier J. Calvez *Cc:* cwg-stewardship@icann.org <mailto:cwg-stewardship@icann.org>; CCWG-Accountability; icann-board@icann.org <mailto:icann-board@icann.org>; Executive Team; COMMS Team; community-finance@icann.org <mailto:community-finance@icann.org>; Finance Staff *Subject:* Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update Xavier, Are you saying that ICANN’s contracts for Education/Engagement/Advice with (1) Albright Stonebridge Group LLC, (2) Edelman, (3) Interface Media, (4) Rice Hadley Gates LLC, (5) Summit Strategies International LLC, (6) WBC Global, and (7) Wiley Rein LLP each contain confidentiality provisions that prohibit ICANN from disclosing the specific amount paid to each of these individual vendors? Does this only apply to the CCWG and the public or does it also apply to other parts of the ICANN community, specifically the Supporting Organizations and Advisory Committees? Thank you for the link on lobbying disclosures. For those who are interested, here are ICANN’s lobbying expenditures based on the disclosure website of the U.S. Congress. I do have a couple of additional questions. Would this source capture lobbying exclusively directed toward the US Executive Branch? Has ICANN spent any funds during this period lobbying governments other than the US? Thank you, Brett ------------------------------------------------------------------------ *Brett* *Schaefer*/ Jay Kingham Senior Research Fellow in International Regulatory Affairs Margaret Thatcher Center for Freedom Davis Institute for National Security and Foreign Policy/ The Heritage Foundation 214 Massachusetts Avenue, NE Washington, DC 20002 202-608-6097 heritage.org <http://heritage.org/> *From:*Xavier J. Calvez [mailto:xavier.calvez@icann.org] *Sent:* Monday, July 18, 2016 6:30 PM *To:* Schaefer, Brett *Cc:* community-finance@icann.org <mailto:community-finance@icann.org>; cwg-stewardship@icann.org <mailto:cwg-stewardship@icann.org>; CCWG-Accountability; Executive Team; COMMS Team; icann-board@icann.org <mailto:icann-board@icann.org>; Finance Staff *Subject:* Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update Brett, Yes, the information I provided in my latest email had been included in some previous communication. I just wanted to make sure you had a clear visibility on this information, which provides for (i) categories of expenses, (ii) the individual names of the vendors grouped for each category, and (iii) the total value of the expenses for each category. With respect to the contractual obligations of confidentiality in commercial contracts, ICANN is subject to them, like all business organizations. That said, we disclose what we can consistent with standard business confidentiality provisions in vendor contracts. We cannot disclose the specific amount of spend with each vendor but we were able to disclose the names of the service providers engaged. Regarding the lobbying expenses, as you are aware, both organizations that hire lobbyists and firms that lobby on behalf of organizations are required under U.S. federal law to file lobbying disclosure reports. In addition to ICANN’s quarterly lobbying disclosures posted on our website, you can find the amounts ICANN has paid to individual outside lobbying firms at http://disclosures.house.gov/ld/ldsearch.aspx. I hope this helps and clarifies. Thank you. Best, Xavier Xavier Calvez ICANN CFO 12025 Waterfront Drive, Suite 300 Los Angeles, CA 90094 Office : +1 (310) 301 5838 Mobile : +1 (805) 312 0052 Fax : +1 (310) 957-2348 *From: *"Schaefer, Brett" <Brett.Schaefer@heritage.org <mailto:Brett.Schaefer@heritage.org>> *Date: *Thursday, July 14, 2016 at 7:07 AM *To: *Xavier Calvez <xavier.calvez@icann.org <mailto:xavier.calvez@icann.org>> *Cc: *"community-finance@icann.org <mailto:community-finance@icann.org>" <community-finance@icann.org <mailto:community-finance@icann.org>>, "cwg-stewardship@icann.org <mailto:cwg-stewardship@icann.org>" <cwg-stewardship@icann.org <mailto:cwg-stewardship@icann.org>>, CCWG-Accountability <accountability-cross-community@icann.org <mailto:accountability-cross-community@icann.org>>, Executive Team <executive-team@icann.org <mailto:executive-team@icann.org>>, COMMS Team <commsteam@icann.org <mailto:commsteam@icann.org>>, "icann-board@icann.org <mailto:icann-board@icann.org>" <icann-board@icann.org <mailto:icann-board@icann.org>>, Finance Staff <finance-staff@icann.org <mailto:finance-staff@icann.org>> *Subject: *Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update Xavier, This is pretty much the same information that was provided before. I am asking for a breakdown of how much was paid to each vender in the lobbying category (Akin Gump, etc.) and the education/engagement/advice category (Albright Stoneridge, etc.). Thank you, Brett On Jul 13, 2016, at 8:13 PM, Xavier J. Calvez <xavier.calvez@icann.org <mailto:xavier.calvez@icann.org>> wrote: Dear Brett, In response to your question listed below on 22 June: the detailed information provided on Other professional fees (other than legal fees, detailed in a separate section of the “Transition project cost” expense webpage, on the IANA Stewardship Transition webpage) can be found in the section called “Professional Services – Expenses Breakdown”. Within this section, you will find a link to a document that provides the list of Professional Services (other than legal fees) incurred, by category, with the names of the vendors, and the total amount of expenditures for the category. This link is copied below and was provided in my first answer to your question. I have also attached the file to which this link refers in case the link would not work for you. https://www.icann.org/en/system/files/files/iana-stewardship-expenses-professional-vendor-01jun16-en.pdf If this not addressing your question, please let me know. Thank you. Best, Xavier Xavier Calvez ICANN CFO 12025 Waterfront Drive, Suite 300 Los Angeles, CA 90094 Office : +1 (310) 301 5838 Mobile : +1 (805) 312 0052 Fax : +1 (310) 957-2348 ------------------------------------------------------------------------ *Brett* *Schaefer*/ Jay Kingham Senior Research Fellow in International Regulatory Affairs Margaret Thatcher Center for Freedom Davis Institute for National Security and Foreign Policy/ The Heritage Foundation 214 Massachusetts Avenue, NE Washington, DC 20002 202-608-6097 heritage.org <http://heritage.org/> *From: *Xavier Calvez <xavier.calvez@icann.org <mailto:xavier.calvez@icann.org>> *Date: *Tuesday, July 12, 2016 at 9:45 AM *To: *"Schaefer, Brett" <Brett.Schaefer@heritage.org <mailto:Brett.Schaefer@heritage.org>>, "community-finance@icann.org <mailto:community-finance@icann.org>" <community-finance@icann.org <mailto:community-finance@icann.org>>, "cwg-stewardship@icann.org <mailto:cwg-stewardship@icann.org>" <cwg-stewardship@icann.org <mailto:cwg-stewardship@icann.org>>, CCWG-Accountability <accountability-cross-community@icann.org <mailto:accountability-cross-community@icann.org>> *Cc: *Executive Team <executive-team@icann.org <mailto:executive-team@icann.org>>, COMMS Team <commsteam@icann.org <mailto:commsteam@icann.org>>, "icann-board@icann.org <mailto:icann-board@icann.org>" <icann-board@icann.org <mailto:icann-board@icann.org>>, Finance Staff <finance-staff@icann.org <mailto:finance-staff@icann.org>> *Subject: *Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update Brett, Thank you for following up. I will make sure to respond no later than the end of this week. Thank you. Best, Xavier Xavier Calvez ICANN CFO 12025 Waterfront Drive, Suite 300 Los Angeles, CA 90094 Office : +1 (310) 301 5838 Mobile : +1 (805) 312 0052 Fax : +1 (310) 957-2348 *From: *"Schaefer, Brett" <Brett.Schaefer@heritage.org <mailto:Brett.Schaefer@heritage.org>> *Date: *Tuesday, July 12, 2016 at 11:38 AM *To: *Xavier Calvez <xavier.calvez@icann.org <mailto:xavier.calvez@icann.org>>, "community-finance@icann.org <mailto:community-finance@icann.org>" <community-finance@icann.org <mailto:community-finance@icann.org>>, "cwg-stewardship@icann.org <mailto:cwg-stewardship@icann.org>" <cwg-stewardship@icann.org <mailto:cwg-stewardship@icann.org>>, CCWG-Accountability <accountability-cross-community@icann.org <mailto:accountability-cross-community@icann.org>> *Cc: *Executive Team <executive-team@icann.org <mailto:executive-team@icann.org>>, COMMS Team <commsteam@icann.org <mailto:commsteam@icann.org>>, "icann-board@icann.org <mailto:icann-board@icann.org>" <icann-board@icann.org <mailto:icann-board@icann.org>>, Finance Staff <finance-staff@icann.org <mailto:finance-staff@icann.org>> *Subject: *RE: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update Xavier, Thanks for promising to get this information to me in Helsinki. Do you have an estimate for when it will be provided? Thanks, Brett ------------------------------------------------------------------------ *Brett* *Schaefer*/ Jay Kingham Senior Research Fellow in International Regulatory Affairs Margaret Thatcher Center for Freedom Davis Institute for National Security and Foreign Policy/ The Heritage Foundation 214 Massachusetts Avenue, NE Washington, DC 20002 202-608-6097 heritage.org <http://heritage.org/> *From:*Schaefer, Brett *Sent:* Wednesday, June 22, 2016 2:39 PM *To:* 'Xavier J. Calvez'; community-finance@icann.org <mailto:community-finance@icann.org>; cwg-stewardship@icann.org <mailto:cwg-stewardship@icann.org>; CCWG-Accountability *Cc:* Executive Team; COMMS Team; icann-board@icann.org <mailto:icann-board@icann.org>; Finance Staff *Subject:* RE: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update Xavier, I appreciate the detailed breakdown on the legal fees That is indeed what I was looking for though I would think it useful to have the totals provided in the summary document. However, I did not see similar information for lobbying or education/ engagement/advice in the links provided. In fact, the only specific information that I saw listed is for Jamie Hedlund at $200,000. No information on other individual firms or vendors is listed at all – only the top line budget expenditure in the summary document link originally sent around. Could you provide that information? Thanks, Brett *From:*Xavier J. Calvez [mailto:xavier.calvez@icann.org] *Sent:* Wednesday, June 22, 2016 10:43 AM *To:* Schaefer, Brett; community-finance@icann.org <mailto:community-finance@icann.org>; cwg-stewardship@icann.org <mailto:cwg-stewardship@icann.org>; CCWG-Accountability *Cc:* Executive Team; COMMS Team; icann-board@icann.org <mailto:icann-board@icann.org>; Finance Staff *Subject:* Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update Dear all, It appears that the first link in my email further below (detail of legal fees by firm) does not resolve correctly. Please use the below instead. https://www.icann.org/en/system/files/files/iana-stewardship-expenses-legal-firm-fy16-01jun16-en.pdf Thank you. Best, Xavier Xavier Calvez ICANN CFO 12025 Waterfront Drive, Suite 300 Los Angeles, CA 90094 Office : +1 (310) 301 5838 Mobile : +1 (805) 312 0052 Fax : +1 (310) 957-2348 *From: *Xavier Calvez <xavier.calvez@icann.org <mailto:xavier.calvez@icann.org>> *Date: *Wednesday, June 22, 2016 at 1:01 PM *To: *"Schaefer, Brett" <Brett.Schaefer@heritage.org <mailto:Brett.Schaefer@heritage.org>>, "community-finance@icann.org <mailto:community-finance@icann.org>" <community-finance@icann.org <mailto:community-finance@icann.org>>, "cwg-stewardship@icann.org <mailto:cwg-stewardship@icann.org>" <cwg-stewardship@icann.org <mailto:cwg-stewardship@icann.org>>, CCWG-Accountability <accountability-cross-community@icann.org <mailto:accountability-cross-community@icann.org>> *Cc: *Executive Team <executive-team@icann.org <mailto:executive-team@icann.org>>, COMMS Team <commsteam@icann.org <mailto:commsteam@icann.org>>, "icann-board@icann.org <mailto:icann-board@icann.org>" <icann-board@icann.org <mailto:icann-board@icann.org>>, Finance Staff <finance-staff@icann.org <mailto:finance-staff@icann.org>> *Subject: *Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update Dear Brett, Thank you for your interest and question. We currently publish the list of all vendors from whom ICANN obtain services in relation to the IANA Stewardship transition. The $$ value of the services received is aggregated by category of expenses, which you mention below (US Government affairs, Education/engagement/advice,…). This presentation is driven by 2 factors: providing clarity as to the type of services received, and abiding by the contractual obligation of confidentiality in force with each of the vendors (resulting from standard business sensitive information). We do publish however the detail of the legal advice, by firm and by working group, on this same page (see for example the link to the report of fees by firm: _https://www.icann.org/en/system/files/files/iana-stewardship-expenses-legal-firm-fy16-01jun16-en.pdf) <https://www.icann.org/en/system/files/files/iana-stewardship-expenses-legal-firm-fy16-01jun16-en.pdf%29>_. You will also find more information relative to ICANN’s lobbying in the following blog published a few months ago. In this blog, you will also find links to the disclosure reports that ICANN makes on lobbying activities. _https://www.icann.org/resources/pages/lobbying-disclosures-contributions-2015-11-18-en._ Lastly, further information on lobbying appears in ICANN’s form 990 (Schedule C, Part II-B. On page 33/73 of the FY15 form 990 published at the following link): https://www.icann.org/en/system/files/files/fy-2015-form-990-10may16-en.pdf I hope this helps. Please let me know if you have further questions. Thank you. Best, Xavier Xavier Calvez ICANN CFO 12025 Waterfront Drive, Suite 300 Los Angeles, CA 90094 Office : +1 (310) 301 5838 Mobile : +1 (805) 312 0052 Fax : +1 (310) 957-2348 *From: *"Schaefer, Brett" <Brett.Schaefer@heritage.org <mailto:Brett.Schaefer@heritage.org>> *Date: *Tuesday, June 21, 2016 at 9:54 PM *To: *Xavier Calvez <xavier.calvez@icann.org <mailto:xavier.calvez@icann.org>>, "community-finance@icann.org <mailto:community-finance@icann.org>" <community-finance@icann.org <mailto:community-finance@icann.org>>, "cwg-stewardship@icann.org <mailto:cwg-stewardship@icann.org>" <cwg-stewardship@icann.org <mailto:cwg-stewardship@icann.org>>, CCWG-Accountability <accountability-cross-community@icann.org <mailto:accountability-cross-community@icann.org>> *Cc: *Executive Team <executive-team@icann.org <mailto:executive-team@icann.org>>, COMMS Team <commsteam@icann.org <mailto:commsteam@icann.org>>, "icann-board@icann.org <mailto:icann-board@icann.org>" <icann-board@icann.org <mailto:icann-board@icann.org>>, Finance Staff <finance-staff@icann.org <mailto:finance-staff@icann.org>> *Subject: *RE: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update Xavier, Thank you. Could you please provide a more detailed breakdown of legal advice, US government affairs, and educations/engagement/advice? In each category, there are multiple firms/vendors listed (https://www.icann.org/en/system/files/files/iana-stewardship-expenses-professional-vendor-01jun16-en.pdf). I would appreciate the amount provided to each individual vendor. If it is provided somewhere, I would appreciate you letting me know where to find it. Much appreciated, Brett ------------------------------------------------------------------------ *Brett* *Schaefer*/ Jay Kingham Senior Research Fellow in International Regulatory Affairs Margaret Thatcher Center for Freedom Davis Institute for National Security and Foreign Policy/ The Heritage Foundation 214 Massachusetts Avenue, NE Washington, DC 20002 202-608-6097 heritage.org <http://heritage.org/> *From:*accountability-cross-community-bounces@icann.org <mailto:accountability-cross-community-bounces@icann.org> [mailto:accountability-cross-community-bounces@icann.org] *On Behalf Of *Xavier J. Calvez *Sent:* Saturday, June 18, 2016 12:10 AM *To:* community-finance@icann.org <mailto:community-finance@icann.org>; cwg-stewardship@icann.org <mailto:cwg-stewardship@icann.org>; CCWG-Accountability *Cc:* Executive Team; COMMS Team; icann-board@icann.org <mailto:icann-board@icann.org>; Finance Staff *Subject:* [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update Dear all, You find at the link below the updated project’s expenses as of FY16 Q3 (from July 2014 to March 2016). As indicated a few months ago, we have added new detailed information on the staff support with the individual positions, names and percentages of effort over the period. _https://www.icann.org/resources/pages/iana-stewardship-project-costs_ Thank you. Best, Xavier Xavier Calvez ICANN CFO 12025 Waterfront Drive, Suite 300 Los Angeles, CA 90094 Office : +1 (310) 301 5838 Mobile : +1 (805) 312 0052 Fax : +1 (310) 957-2348 <iana-stewardship-expenses-professional-vendor-01jun16-en.pdf> _______________________________________________ Accountability-Cross-Community mailing list Accountability-Cross-Community@icann.org <mailto:Accountability-Cross-Community@icann.org> https://mm.icann.org/mailman/listinfo/accountability-cross-community _______________________________________________ community-finance mailing list community-finance@icann.org <mailto:community-finance@icann.org> https://mm.icann.org/mailman/listinfo/community-finance
Accountability-Cross-Community mailing list Accountability-Cross-Community@icann.org https://mm.icann.org/mailman/listinfo/accountability-cross-community
--
"It is a disgrace to be rich and honoured in an unjust state" -Confucius 邦有道，贫且贱焉，耻也。邦无道，富且贵焉，耻也
Dr Sam Lanfranco (Prof Emeritus & Senior Scholar) Econ, York U., Toronto, Ontario, CANADA - M3J 1P3 email: Lanfran@Yorku.ca Skype: slanfranco blog: http://samlanfranco.blogspot.com Phone: +1 613-476-0429 cell: +1 416-816-2852
I'd like to stick to the topic we are discussing which is disclosure about 'advisors', and lobbyists, and not venture until the gTLDs contracts. I fear that would become a bog that is too unbounded, with some questioning the marketing plans of different gTLDs, like give aways, etc.
So, I ask that as this is the CCWG-ACCT, and the topic is about the amounts paid for consultants specifically working on the IANA transition -- and who they are -- and that they have only ICANN as a client, not also members of ICANN's community on directly related subjects -- we stick to that discussion.
All law firms in the US 'clear' conflicts before accepting a new client, and all corporations 'clear' their consultants. While this may be confidential in both these cases, I do agree that a public interest NGO, which is what ICANN is, can best serve itself, and the interest of the broader ICANN community by as much transparency as possible. BUT let's keep it high level and civil in our request for facts and figures.
As I like to say: Facts are our friends.
Of course, some issues have to be kept confidential.
Who the consultants are has been published, what they were paid would add to the transparency. What they do, at a high level, should be published as well. I will say again that I think that the work is probably much needed. I spend a lot of time -- without being paid -- explaining ICANN as I do my other IG work and it is is a worthwhile task and an important one if we are to demystify ICANN to RoW [Rest of World].
I am sure it is all above board, but it has now taken on a sort of taint of 'why not tell'.
Let's keep this high level and not make it a hunt for the details, but just get the high level facts, and make that a standard.
Will help us all.
M
Subject: Re: [CCWG-ACCT] [community-finance] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
To: psc@vlaw-dc.com; kstubbs@afilias.info; paul.rosenzweig@redbranchconsulting.com; marilynscade@hotmail.com; brett.schaefer@heritage.org; xavier.calvez@icann.org
CC: cwg-stewardship@icann.org; accountability-cross-community@icann.org; icann-board@icann.org; executive-team@icann.org; commsteam@icann.org; community-finance@icann.org; finance-staff@icann.org
From: sam@lanfranco.net
Date: Wed, 20 Jul 2016 12:23:12 -0400
As the non-lawyer economist here I would like to observe that the
discussion has honed in on a specific enough question, one that
has an ICANN definitive answer, and that it should be put both to
the Board and the new CEO for a an answer and clarification. I
previously worried that the ICANN DNS contract with .sucks seemed
to verge on ICANN exposing itself to the RICO act in the U.S.,
given the .sucks marketing plan. Maybe I am overly cautious but as
a not-for-profit corporation operating in the public interest
ICANN is more than obliged to provide clarity here. Silence won't
do.
Sam Lanfranco, NPOC/CSIH
On 7/20/2016 12:06 PM, Phil Corwin
wrote:
If
the contract non-disclosure clause indeed violates IRS
disclosure requirements then how could ICANN legal agree to
it?
Philip
S. Corwin, Founding Principal
Virtualaw
LLC
1155
F Street, NW
Suite
1050
Washington,
DC 20004
202-559-8597/Direct
202-559-8750/Fax
202-255-6172/Cell
Twitter:
@VlawDC
"Luck
is the residue of design" -- Branch Rickey
From:
Ken Stubbs [mailto:kstubbs@afilias.info]
Sent: Wednesday, July 20, 2016 11:37 AM
To: Paul Rosenzweig; 'Marilyn Cade'; Phil Corwin;
'Schaefer, Brett'; 'Xavier J. Calvez'
Cc: cwg-stewardship@icann.org;
'CCWG-Accountability'; icann-board@icann.org; 'Executive
Team'; 'COMMS Team'; community-finance@icann.org;
'Finance Staff'
Subject: Re: [community-finance] [CCWG-ACCT] IANA
Stewardship Transition - Project Expenses - FY16 Q3
update
I
believe Lori is correct here. IRS requirements on
disclosures are
usually quite specific here
Ken Stubbs
On 7/20/16 10:32, Lori Schulman wrote:
I
don’t believe that 501©3 orgs can consider any consulting
fees confidential as the top fees are required to be
reported on the 990.
Lori
Lori
S. Schulman
Senior
Director, Internet Policy
International
Trademark Association (INTA)
+1-202-704-0408,
Skype: lsschulman
From:
accountability-cross-community-bounces@icann.org
[mailto:accountability-cross-community-bounces@icann.org]
On Behalf Of Paul Rosenzweig
Sent: Wednesday, July 20, 2016 10:16 AM
To: 'Marilyn Cade' <marilynscade@hotmail.com>;
'Phil Corwin'
<psc@vlaw-dc.com>;
'Schaefer, Brett'
<brett.schaefer@heritage.org>; 'Xavier J.
Calvez'
<xavier.calvez@icann.org>
Cc: cwg-stewardship@icann.org;
'CCWG-Accountability'
<accountability-cross-community@icann.org>;
icann-board@icann.org;
'Executive Team'
<executive-team@icann.org>;
'COMMS Team'
<commsteam@icann.org>;
community-finance@icann.org; 'Finance Staff'
<finance-staff@icann.org>
Subject: Re: [CCWG-ACCT] IANA Stewardship
Transition - Project Expenses - FY16 Q3 update
I
agree completely with Marilyn and Phil. I have been on
both sides of non-disclosure agreements – both ones
requested by me and ones requested by my clients.
Typically, a client (in the position of ICANN) may request
that a consultant sign an NDA so as to protect the
confidentiality of its efforts or its intellectual
property. Sometimes a consultant might have a proprietary
methodology or process that they are using on behalf of
the client that they wish to protect.
Neither
circumstance applies here that I can see. And in no case
that I am aware of has a client ever asked me to keep
confidential my fee … I don’t broadcast them, but I’m in
the private sector. For ICANN, which is an NGO acting in
the global public interest, I cannot see any reason at all
why ICANN would want or agree to a confidentiality
arrangement as to the size of the fee paid.
Xavier
– can you tell us what the rationale is? I may be missing
something …..
Thanks
Paul
Paul
Rosenzweig
paul.rosenzweig@redbranchconsulting.com
O:
+1 (202) 547-0660
M:
+1 (202) 329-9650
VOIP:
+1 (202) 738-1739
www.redbranchconsulting.com
My
PGP Key:
http://redbranchconsulting.com/who-we-are/public-pgp-key/
From:
accountability-cross-community-bounces@icann.org
[mailto:accountability-cross-community-bounces@icann.org]
On Behalf Of Marilyn Cade
Sent: Wednesday, July 20, 2016 9:05 AM
To: Phil Corwin <psc@vlaw-dc.com>;
Schaefer, Brett <brett.schaefer@heritage.org>;
Xavier J. Calvez <xavier.calvez@icann.org>
Cc: cwg-stewardship@icann.org;
CCWG-Accountability <accountability-cross-community@icann.org>;
icann-board@icann.org;
Executive Team <executive-team@icann.org>;
COMMS Team <commsteam@icann.org>;
community-finance@icann.org;
Finance Staff <finance-staff@icann.org>
Subject: Re: [CCWG-ACCT] IANA Stewardship
Transition - Project Expenses - FY16 Q3 update
I
support Phil's clarifying explanation.
I
also think that anyone who is in this category, should
have to declare if they re also representing
companies in a SO/AC.
Or
advising governments.
In
the BC, we do not allow an ICANN consultant to be a BC
member, regardless of the amount, but if someone is a
backdoor advisor to ICANN and also a group of
entities, in a SO/AC, that would not be so obvious,
but I think that for integrity sake, of course, any
such entity would recuse themselves from advising
companies, while also advising ICANN.
And
I would expect ICANN to disqualify such entities as
their consultants.
Thanks,
Phil, for this useful clarification.
M
From:
psc@vlaw-dc.com
To: Brett.Schaefer@heritage.org;
xavier.calvez@icann.org
Date: Wed, 20 Jul 2016 00:48:08 +0000
CC: cwg-stewardship@icann.org;
accountability-cross-community@icann.org;
icann-board@icann.org; executive-team@icann.org;
commsteam@icann.org;
community-finance@icann.org; finance-staff@icann.org
Subject: Re: [CCWG-ACCT] IANA Stewardship Transition
- Project Expenses - FY16 Q3 update
In
the U.S. much of what used to be done by
registered lobbyists is now performed by
“strategic advisors” who walk right up to the line
of what constitutes lobbying (and maybe a few
inches over), and nonetheless facilitate door
opening to key members of Congress and the
Executive branch, and who “educate” rather than
“lobby” members of both branches of government. So
while the seven firms may not be engaged in what
is considered lobbying under current U.S. law,
they are still likely engaged in helping to assure
officials outcomes desired by ICANN corporate.
It
is for that reason – as well as for the exercise
of effective oversight over ICANN budgeting and
expenditures – that the community should have more
data on this. If ICANN is prohibited by its
contracts with these firms from disclosing its
expenditures that is unfortunate – and in the
future I would hope that ICANN would tell any
firms being considered for such duties that its
own transparency obligations to the community
preclude it from agreeing to such restrictions
(I’d wager that the majority of the firms would
waive confidentiality rather than lose the
contract).
At
a minimum, ICANN should disclose the aggregate
amounts spent with these seven firms since they
were engaged – surely their contracts don’t bar
such aggregate reporting.
Philip
S. Corwin, Founding Principal
Virtualaw
LLC
1155
F Street, NW
Suite
1050
Washington,
DC 20004
202-559-8597/Direct
202-559-8750/Fax
202-255-6172/Cell
Twitter:
@VlawDC
"Luck
is the residue of design" -- Branch Rickey
From:
accountability-cross-community-bounces@icann.org
[mailto:accountability-cross-community-bounces@icann.org]
On Behalf Of Schaefer, Brett
Sent: Tuesday, July 19, 2016 1:04 PM
To: Xavier J. Calvez
Cc: cwg-stewardship@icann.org;
CCWG-Accountability;
icann-board@icann.org;
Executive Team; COMMS Team;
community-finance@icann.org;
Finance Staff
Subject: Re: [CCWG-ACCT] IANA
Stewardship Transition - Project Expenses -
FY16 Q3 update
Xavier,
Are
you saying that ICANN’s contracts for
Education/Engagement/Advice with (1) Albright
Stonebridge Group LLC, (2) Edelman, (3) Interface
Media, (4) Rice Hadley Gates LLC, (5) Summit
Strategies International LLC, (6) WBC Global, and
(7) Wiley Rein LLP each contain confidentiality
provisions that prohibit ICANN from disclosing the
specific amount paid to each of these individual
vendors?
Does
this only apply to the CCWG and the public or does
it also apply to other parts of the ICANN
community, specifically the Supporting
Organizations and Advisory Committees?
Thank
you for the link on lobbying disclosures. For
those who are interested, here are ICANN’s
lobbying expenditures based on the disclosure
website of the U.S. Congress.
I
do have a couple of additional questions. Would
this source capture lobbying exclusively directed
toward the US Executive Branch? Has ICANN spent
any funds during this period lobbying governments
other than the US?
Thank
you,
Brett
Brett
Schaefer
Jay Kingham Senior Research Fellow in
International Regulatory Affairs
Margaret Thatcher Center for Freedom Davis
Institute for National Security and Foreign
Policy
The
Heritage Foundation
214 Massachusetts Avenue, NE
Washington, DC 20002
202-608-6097
heritage.org
From:
Xavier J. Calvez [mailto:xavier.calvez@icann.org]
Sent: Monday, July 18, 2016 6:30 PM
To: Schaefer, Brett
Cc: community-finance@icann.org;
cwg-stewardship@icann.org;
CCWG-Accountability; Executive Team; COMMS
Team;
icann-board@icann.org;
Finance Staff
Subject: Re: [CCWG-ACCT] IANA
Stewardship Transition - Project Expenses -
FY16 Q3 update
Brett,
Yes, the
information I provided in my latest email had been
included in some previous communication. I just
wanted to make sure you had a clear visibility on
this information, which provides for (i)
categories of expenses, (ii) the individual names
of the vendors grouped for each category, and
(iii) the total value of the expenses for each
category.
With
respect to the contractual obligations of
confidentiality in commercial contracts, ICANN is
subject to them, like all business organizations.
That said, we disclose what we can consistent with
standard business confidentiality provisions in
vendor contracts. We cannot disclose the specific
amount of spend with each vendor but we were able
to disclose the names of the service providers
engaged.
Regarding
the lobbying expenses, as you are aware, both
organizations that hire lobbyists and firms that
lobby on behalf of organizations are required
under U.S. federal law to file lobbying disclosure
reports. In addition to ICANN’s quarterly lobbying
disclosures posted on our website, you can find
the amounts ICANN has paid to individual outside
lobbying firms at
http://disclosures.house.gov/ld/ldsearch.aspx.
I
hope this helps and clarifies.
Thank
you.
Best,
Xavier
Xavier
Calvez
ICANN
CFO
12025
Waterfront Drive, Suite 300
Los
Angeles, CA 90094
Office
: +1 (310) 301 5838
Mobile
: +1 (805) 312 0052
Fax
: +1 (310) 957-2348
From:
"Schaefer,
Brett" <Brett.Schaefer@heritage.org>
Date: Thursday, July 14, 2016 at 7:07 AM
To: Xavier Calvez <xavier.calvez@icann.org>
Cc: "community-finance@icann.org"
<community-finance@icann.org>,
"cwg-stewardship@icann.org"
<cwg-stewardship@icann.org>,
CCWG-Accountability <accountability-cross-community@icann.org>,
Executive Team <executive-team@icann.org>,
COMMS Team <commsteam@icann.org>,
"icann-board@icann.org"
<icann-board@icann.org>,
Finance Staff <finance-staff@icann.org>
Subject: Re: [CCWG-ACCT] IANA
Stewardship Transition - Project Expenses - FY16
Q3 update
Xavier,
This
is pretty much the same information that
was provided before. I am asking for a
breakdown of how much was paid to each
vender in the lobbying category (Akin
Gump, etc.) and the
education/engagement/advice category
(Albright Stoneridge, etc.).
Thank
you,
Brett
On Jul 13, 2016, at 8:13 PM, Xavier J.
Calvez <xavier.calvez@icann.org>
wrote:
Dear
Brett,
In
response to your question listed below on
22 June: the detailed information provided
on Other professional fees (other than
legal fees, detailed in a separate section
of the “Transition project cost” expense
webpage, on the IANA Stewardship
Transition webpage) can be found in the
section called “Professional
Services – Expenses Breakdown”.
Within this section, you will find a link
to a document that provides the list of
Professional Services (other than legal
fees) incurred, by category, with the
names of the vendors, and the total amount
of expenditures for the category.
This
link is copied below and was provided in
my first answer to your question. I have
also attached the file to which this link
refers in case the link would not work for
you.
https://www.icann.org/en/system/files/files/iana-stewardship-expenses-professional-vendor-01jun16-en.pdf
If
this not addressing your question, please
let me know.
Thank
you.
Best,
Xavier
Xavier
Calvez
ICANN
CFO
12025
Waterfront Drive, Suite 300
Los
Angeles, CA 90094
Office
: +1 (310) 301 5838
Mobile
: +1 (805) 312 0052
Fax
: +1 (310) 957-2348
Brett
Schaefer
Jay Kingham Senior Research Fellow in
International Regulatory Affairs
Margaret Thatcher Center for Freedom Davis
Institute for National Security and Foreign
Policy
The
Heritage Foundation
214 Massachusetts Avenue, NE
Washington, DC 20002
202-608-6097
heritage.org
From:
Xavier
Calvez <xavier.calvez@icann.org>
Date: Tuesday, July 12, 2016 at
9:45 AM
To: "Schaefer, Brett" <Brett.Schaefer@heritage.org>,
"community-finance@icann.org"
<community-finance@icann.org>,
"cwg-stewardship@icann.org"
<cwg-stewardship@icann.org>,
CCWG-Accountability <accountability-cross-community@icann.org>
Cc: Executive Team <executive-team@icann.org>,
COMMS Team <commsteam@icann.org>,
"icann-board@icann.org"
<icann-board@icann.org>,
Finance Staff <finance-staff@icann.org>
Subject: Re: [CCWG-ACCT] IANA
Stewardship Transition - Project
Expenses - FY16 Q3 update
Brett,
Thank
you for following up.
I
will make sure to respond no later
than the end of this week.
Thank
you.
Best,
Xavier
Xavier
Calvez
ICANN
CFO
12025
Waterfront Drive, Suite 300
Los
Angeles, CA 90094
Office
: +1 (310) 301 5838
Mobile
: +1 (805) 312 0052
Fax
: +1 (310) 957-2348
From:
"Schaefer,
Brett" <Brett.Schaefer@heritage.org>
Date: Tuesday, July 12, 2016
at 11:38 AM
To: Xavier Calvez <xavier.calvez@icann.org>,
"community-finance@icann.org"
<community-finance@icann.org>,
"cwg-stewardship@icann.org"
<cwg-stewardship@icann.org>,
CCWG-Accountability <accountability-cross-community@icann.org>
Cc: Executive Team <executive-team@icann.org>,
COMMS Team <commsteam@icann.org>,
"icann-board@icann.org"
<icann-board@icann.org>,
Finance Staff <finance-staff@icann.org>
Subject: RE: [CCWG-ACCT]
IANA Stewardship Transition -
Project Expenses - FY16 Q3 update
Xavier,
Thanks
for promising to get this
information to me in Helsinki. Do
you have an estimate for when it
will be provided?
Thanks,
Brett
Brett
Schaefer
Jay Kingham Senior Research
Fellow in International
Regulatory Affairs
Margaret Thatcher Center for
Freedom Davis Institute for
National Security and Foreign
Policy
The
Heritage Foundation
214 Massachusetts Avenue, NE
Washington, DC 20002
202-608-6097
heritage.org
From:
Schaefer, Brett
Sent: Wednesday, June
22, 2016 2:39 PM
To: 'Xavier J. Calvez';
community-finance@icann.org;
cwg-stewardship@icann.org;
CCWG-Accountability
Cc: Executive Team;
COMMS Team; icann-board@icann.org;
Finance Staff
Subject: RE:
[CCWG-ACCT] IANA Stewardship
Transition - Project Expenses
- FY16 Q3 update
Xavier,
I
appreciate the detailed breakdown
on the legal fees That is indeed
what I was looking for though I
would think it useful to have the
totals provided in the summary
document.
However,
I did not see similar information
for lobbying or education/
engagement/advice in the links
provided. In fact, the only
specific information that I saw
listed is for Jamie Hedlund at
$200,000. No information on other
individual firms or vendors is
listed at all – only the top line
budget expenditure in the summary
document link originally sent
around.
Could
you provide that information?
Thanks,
Brett
From:
Xavier J. Calvez [mailto:xavier.calvez@icann.org]
Sent: Wednesday, June
22, 2016 10:43 AM
To: Schaefer, Brett; community-finance@icann.org;
cwg-stewardship@icann.org;
CCWG-Accountability
Cc: Executive Team;
COMMS Team; icann-board@icann.org;
Finance Staff
Subject: Re:
[CCWG-ACCT] IANA Stewardship
Transition - Project Expenses
- FY16 Q3 update
Dear
all,
It
appears that the first link in my
email further below (detail of
legal fees by firm) does not
resolve correctly. Please use the
below instead.
https://www.icann.org/en/system/files/files/iana-stewardship-expenses-legal-firm-fy16-01jun16-en.pdf
Thank
you.
Best,
Xavier
Xavier
Calvez
ICANN
CFO
12025
Waterfront Drive, Suite 300
Los
Angeles, CA 90094
Office
: +1 (310) 301 5838
Mobile
: +1 (805) 312 0052
Fax
: +1 (310) 957-2348
From:
Xavier
Calvez <xavier.calvez@icann.org>
Date: Wednesday, June
22, 2016 at 1:01 PM
To: "Schaefer, Brett"
<Brett.Schaefer@heritage.org>,
"community-finance@icann.org"
<community-finance@icann.org>,
"cwg-stewardship@icann.org"
<cwg-stewardship@icann.org>,
CCWG-Accountability <accountability-cross-community@icann.org>
Cc: Executive Team <executive-team@icann.org>,
COMMS Team <commsteam@icann.org>,
"icann-board@icann.org"
<icann-board@icann.org>,
Finance Staff <finance-staff@icann.org>
Subject: Re: [CCWG-ACCT]
IANA Stewardship Transition -
Project Expenses - FY16 Q3
update
Dear
Brett,
Thank
you for your interest and
question.
We
currently publish the list of
all vendors from whom ICANN
obtain services in relation to
the IANA Stewardship
transition. The $$ value of
the services received is
aggregated by category of
expenses, which you mention
below (US Government affairs,Education/engagement/advice,…). This presentation is driven by 2
factors: providing clarity as
to the type of services
received, and abiding by the
contractual obligation of
confidentiality in force with
each of the vendors (resulting
from standard business
sensitive information).
We
do publish however the detail
of the legal advice, by firm
and by working group, on this
same page (see for example the
link to the report of fees by
firm:
https://www.icann.org/en/system/files/files/iana-stewardship-expenses-legal-...).
You
will also find more
information relative to
ICANN’s lobbying in the
following blog published a few
months ago. In this blog, you
will also find links to the
disclosure reports that ICANN
makes on lobbying activities.
https://www.icann.org/resources/pages/lobbying-disclosures-contributions-201....
Lastly,
further information on
lobbying appears in ICANN’s
form 990 (Schedule C, Part
II-B. On page 33/73 of the
FY15 form 990 published at the
following link):
https://www.icann.org/en/system/files/files/fy-2015-form-990-10may16-en.pdf
I
hope this helps. Please let me
know if you have further
questions.
Thank
you.
Best,
Xavier
Xavier
Calvez
ICANN
CFO
12025
Waterfront Drive, Suite
300
Los
Angeles, CA 90094
Office
: +1 (310) 301 5838
Mobile
: +1 (805) 312 0052
Fax
: +1 (310) 957-2348
From:
"Schaefer,
Brett" <Brett.Schaefer@heritage.org>
Date: Tuesday, June
21, 2016 at 9:54 PM
To: Xavier Calvez
<xavier.calvez@icann.org>,
"community-finance@icann.org"
<community-finance@icann.org>,
"cwg-stewardship@icann.org"
<cwg-stewardship@icann.org>,
CCWG-Accountability <accountability-cross-community@icann.org>
Cc: Executive Team
<executive-team@icann.org>,
COMMS Team <commsteam@icann.org>,
"icann-board@icann.org"
<icann-board@icann.org>,
Finance Staff <finance-staff@icann.org>
Subject: RE:
[CCWG-ACCT] IANA Stewardship
Transition - Project
Expenses - FY16 Q3 update
Xavier,
Thank
you. Could you please
provide a more detailed
breakdown of legal advice,
US government affairs, andeducations/engagement/advice? In each category, there are multiple firms/vendors listed (https://www.icann.org/en/system/files/files/iana-stewardship-expenses-profes...). I would appreciate the amount provided to each individual vendor. If it is provided somewhere, I would appreciate you letting me know where to find it. Much appreciated, Brett Brett Schaefer
Jay Kingham Senior
Research Fellow in
International Regulatory
Affairs
Margaret Thatcher Center
for Freedom Davis
Institute for National
Security and Foreign
Policy
The
Heritage Foundation
214 Massachusetts Avenue,
NE
Washington, DC 20002
202-608-6097
heritage.org
From:
accountability-cross-community-bounces@icann.org
[mailto:accountability-cross-community-bounces@icann.org]
On Behalf Of Xavier
J. Calvez
Sent: Saturday,
June 18, 2016 12:10 AM
To: community-finance@icann.org;
cwg-stewardship@icann.org;
CCWG-Accountability
Cc: Executive
Team; COMMS Team; icann-board@icann.org;
Finance Staff
Subject:
[CCWG-ACCT] IANA
Stewardship Transition
- Project Expenses -
FY16 Q3 update
Dear
all,
You
find at the link below the
updated project’s expenses
as of FY16 Q3 (from July
2014 to March 2016). As
indicated a few months
ago, we have added new
detailed information on
the staff support with the
individual positions,
names and percentages of
effort over the period.
https://www.icann.org/resources/pages/iana-stewardship-project-costs
Thank
you.
Best,
Xavier
Xavier
Calvez
ICANN
CFO
12025
Waterfront Drive,
Suite 300
Los
Angeles, CA 90094
Office
: +1 (310) 301 5838
Mobile
: +1 (805) 312 0052
Fax
: +1 (310) 957-2348
<iana-stewardship-expenses-professional-vendor-01jun16-en.pdf>
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community-finance mailing list
community-finance@icann.org
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_______________________________________________Accountability-Cross-Community mailing list Accountability-Cross-Community@icann.org https://mm.icann.org/mailman/listinfo/accountability-cross-community
-- "It is a disgrace to be rich and honoured in an unjust state" -Confucius 邦有道，贫且贱焉，耻也。邦无道，富且贵焉，耻也
Dr Sam Lanfranco (Prof Emeritus & Senior Scholar) Econ, York U., Toronto, Ontario, CANADA - M3J 1P3 email: Lanfran@Yorku.ca Skype: slanfranco blog: http://samlanfranco.blogspot.com Phone: +1 613-476-0429 cell: +1 416-816-2852
@Marilyn, Just for clarification, I was NOT suggesting going beyond the important disclosure issue at hand. The reference to a gTLD was only in reference to me being overly cautious, and certainly not an effort to ignite another discussion stream. I apologize if that was not clear to all.
Sam L.
On 7/20/2016 5:27 PM, Marilyn Cade wrote:
I'd like to stick to the topic we are discussing which is disclosure about 'advisors', and lobbyists, and not venture until the gTLDs contracts. I fear that would become a bog that is too unbounded, with some questioning the marketing plans of different gTLDs, like give aways, etc.
So, I ask that as this is the CCWG-ACCT, and the topic is about the amounts paid for consultants specifically working on the IANA transition -- and who they are -- and that they have only ICANN as a client, not also members of ICANN's community on directly related subjects -- we stick to that discussion.
All law firms in the US 'clear' conflicts before accepting a new client, and all corporations 'clear' their consultants. While this may be confidential in both these cases, I do agree that a public interest NGO, which is what ICANN is, can best serve itself, and the interest of the broader ICANN community by as much transparency as possible. BUT let's keep it high level and civil in our request for facts and figures.
As I like to say: Facts are our friends.
Of course, some issues have to be kept confidential.
Who the consultants are has been published, what they were paid would add to the transparency. What they do, at a high level, should be published as well. I will say again that I think that the work is probably much needed. I spend a lot of time -- without being paid -- explaining ICANN as I do my other IG work and it is is a worthwhile task and an important one if we are to demystify ICANN to RoW [Rest of World].
I am sure it is all above board, but it has now taken on a sort of taint of 'why not tell'.
Let's keep this high level and not make it a hunt for the details, but just get the high level facts, and make that a standard.
Will help us all.
M
Subject: Re: [CCWG-ACCT] [community-finance] IANA Stewardship Transition - Project Expenses - FY16 Q3 update To: psc@vlaw-dc.com; kstubbs@afilias.info; paul.rosenzweig@redbranchconsulting.com; marilynscade@hotmail.com; brett.schaefer@heritage.org; xavier.calvez@icann.org CC: cwg-stewardship@icann.org; accountability-cross-community@icann.org; icann-board@icann.org; executive-team@icann.org; commsteam@icann.org; community-finance@icann.org; finance-staff@icann.org From: sam@lanfranco.net Date: Wed, 20 Jul 2016 12:23:12 -0400
As the non-lawyer economist here I would like to observe that the discussion has honed in on a specific enough question, one that has an ICANN definitive answer, and that it should be put both to the Board and the new CEO for a an answer and clarification. I previously worried that the ICANN DNS contract with .sucks seemed to verge on ICANN exposing itself to the RICO act in the U.S., given the .sucks marketing plan. Maybe I am overly cautious but as a not-for-profit corporation operating in the public interest ICANN is more than obliged to provide clarity here. Silence won't do.
Sam Lanfranco, NPOC/CSIH
On 7/20/2016 12:06 PM, Phil Corwin wrote:
If the contract non-disclosure clause indeed violates IRS disclosure requirements then how could ICANN legal agree to it? *Philip S. Corwin, Founding Principal* *Virtualaw LLC* *1155 F Street, NW* *Suite 1050* *Washington, DC 20004* *202-559-8597/Direct* *202-559-8750/Fax* *202-255-6172/Cell*** ** *Twitter: @VlawDC* */"Luck is the residue of design" -- Branch Rickey/* *From:*Ken Stubbs [mailto:kstubbs@afilias.info] *Sent:* Wednesday, July 20, 2016 11:37 AM *To:* Paul Rosenzweig; 'Marilyn Cade'; Phil Corwin; 'Schaefer, Brett'; 'Xavier J. Calvez' *Cc:* cwg-stewardship@icann.org <mailto:cwg-stewardship@icann.org>; 'CCWG-Accountability'; icann-board@icann.org <mailto:icann-board@icann.org>; 'Executive Team'; 'COMMS Team'; community-finance@icann.org <mailto:community-finance@icann.org>; 'Finance Staff' *Subject:* Re: [community-finance] [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update I believe Lori is correct here. IRS requirements on disclosures are usually quite specific here Ken Stubbs On 7/20/16 10:32, Lori Schulman wrote: I don’t believe that 501©3 orgs can consider any consulting fees confidential as the top fees are required to be reported on the 990. Lori Lori S. Schulman Senior Director, Internet Policy *International Trademark Association (INTA)* +1-202-704-0408, Skype: lsschulman *From:*accountability-cross-community-bounces@icann.org <mailto:accountability-cross-community-bounces@icann.org> [mailto:accountability-cross-community-bounces@icann.org] *On Behalf Of *Paul Rosenzweig *Sent:* Wednesday, July 20, 2016 10:16 AM *To:* 'Marilyn Cade' <marilynscade@hotmail.com> <mailto:marilynscade@hotmail.com>; 'Phil Corwin' <psc@vlaw-dc.com> <mailto:psc@vlaw-dc.com>; 'Schaefer, Brett' <brett.schaefer@heritage.org> <mailto:brett.schaefer@heritage.org>; 'Xavier J. Calvez' <xavier.calvez@icann.org> <mailto:xavier.calvez@icann.org> *Cc:* cwg-stewardship@icann.org <mailto:cwg-stewardship@icann.org>; 'CCWG-Accountability' <accountability-cross-community@icann.org> <mailto:accountability-cross-community@icann.org>; icann-board@icann.org <mailto:icann-board@icann.org>; 'Executive Team' <executive-team@icann.org> <mailto:executive-team@icann.org>; 'COMMS Team' <commsteam@icann.org> <mailto:commsteam@icann.org>; community-finance@icann.org <mailto:community-finance@icann.org>; 'Finance Staff' <finance-staff@icann.org> <mailto:finance-staff@icann.org> *Subject:* Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update I agree completely with Marilyn and Phil. I have been on both sides of non-disclosure agreements – both ones requested by me and ones requested by my clients. Typically, a client (in the position of ICANN) may request that a consultant sign an NDA so as to protect the confidentiality of its efforts or its intellectual property. Sometimes a consultant might have a proprietary methodology or process that they are using on behalf of the client that they wish to protect. Neither circumstance applies here that I can see. And in no case that I am aware of has a client ever asked me to keep confidential my fee … I don’t broadcast them, but I’m in the private sector. For ICANN, which is an NGO acting in the global public interest, I cannot see any reason at all why ICANN would want or agree to a confidentiality arrangement as to the size of the fee paid. Xavier – can you tell us what the rationale is? I may be missing something ….. Thanks Paul Paul Rosenzweig paul.rosenzweig@redbranchconsulting.com <mailto:paul.rosenzweig@redbranchconsulting.com> O: +1 (202) 547-0660 M: +1 (202) 329-9650 VOIP: +1 (202) 738-1739 www.redbranchconsulting.com <http://www.redbranchconsulting.com/> My PGP Key: http://redbranchconsulting.com/who-we-are/public-pgp-key/ *From:*accountability-cross-community-bounces@icann.org <mailto:accountability-cross-community-bounces@icann.org> [mailto:accountability-cross-community-bounces@icann.org] *On Behalf Of *Marilyn Cade *Sent:* Wednesday, July 20, 2016 9:05 AM *To:* Phil Corwin <psc@vlaw-dc.com <mailto:psc@vlaw-dc.com>>; Schaefer, Brett <brett.schaefer@heritage.org <mailto:brett.schaefer@heritage.org>>; Xavier J. Calvez <xavier.calvez@icann.org <mailto:xavier.calvez@icann.org>> *Cc:* cwg-stewardship@icann.org <mailto:cwg-stewardship@icann.org>; CCWG-Accountability <accountability-cross-community@icann.org <mailto:accountability-cross-community@icann.org>>; icann-board@icann.org <mailto:icann-board@icann.org>; Executive Team <executive-team@icann.org <mailto:executive-team@icann.org>>; COMMS Team <commsteam@icann.org <mailto:commsteam@icann.org>>; community-finance@icann.org <mailto:community-finance@icann.org>; Finance Staff <finance-staff@icann.org <mailto:finance-staff@icann.org>> *Subject:* Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update I support Phil's clarifying explanation. I also think that anyone who is in this category, should have to declare if they re also representing companies in a SO/AC. Or advising governments. In the BC, we do not allow an ICANN consultant to be a BC member, regardless of the amount, but if someone is a backdoor advisor to ICANN and also a group of entities, in a SO/AC, that would not be so obvious, but I think that for integrity sake, of course, any such entity would recuse themselves from advising companies, while also advising ICANN. And I would expect ICANN to disqualify such entities as their consultants. Thanks, Phil, for this useful clarification. M ------------------------------------------------------------------------ From: psc@vlaw-dc.com <mailto:psc@vlaw-dc.com> To: Brett.Schaefer@heritage.org <mailto:Brett.Schaefer@heritage.org>; xavier.calvez@icann.org <mailto:xavier.calvez@icann.org> Date: Wed, 20 Jul 2016 00:48:08 +0000 CC: cwg-stewardship@icann.org <mailto:cwg-stewardship@icann.org>; accountability-cross-community@icann.org <mailto:accountability-cross-community@icann.org>; icann-board@icann.org <mailto:icann-board@icann.org>; executive-team@icann.org <mailto:executive-team@icann.org>; commsteam@icann.org <mailto:commsteam@icann.org>; community-finance@icann.org <mailto:community-finance@icann.org>; finance-staff@icann.org <mailto:finance-staff@icann.org> Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update In the U.S. much of what used to be done by registered lobbyists is now performed by “strategic advisors” who walk right up to the line of what constitutes lobbying (and maybe a few inches over), and nonetheless facilitate door opening to key members of Congress and the Executive branch, and who “educate” rather than “lobby” members of both branches of government. So while the seven firms may not be engaged in what is considered lobbying under current U.S. law, they are still likely engaged in helping to assure officials outcomes desired by ICANN corporate. It is for that reason – as well as for the exercise of effective oversight over ICANN budgeting and expenditures – that the community should have more data on this. If ICANN is prohibited by its contracts with these firms from disclosing its expenditures that is unfortunate – and in the future I would hope that ICANN would tell any firms being considered for such duties that its own transparency obligations to the community preclude it from agreeing to such restrictions (I’d wager that the majority of the firms would waive confidentiality rather than lose the contract). At a minimum, ICANN should disclose the aggregate amounts spent with these seven firms since they were engaged – surely their contracts don’t bar such aggregate reporting. *Philip S. Corwin, Founding Principal* *Virtualaw LLC* *1155 F Street, NW* *Suite 1050* *Washington, DC 20004* *202-559-8597/Direct* *202-559-8750/Fax* *202-255-6172/Cell* ** *Twitter: @VlawDC* */"Luck is the residue of design" -- Branch Rickey/* *From:*accountability-cross-community-bounces@icann.org <mailto:accountability-cross-community-bounces@icann.org> [mailto:accountability-cross-community-bounces@icann.org] *On Behalf Of *Schaefer, Brett *Sent:* Tuesday, July 19, 2016 1:04 PM *To:* Xavier J. Calvez *Cc:* cwg-stewardship@icann.org <mailto:cwg-stewardship@icann.org>; CCWG-Accountability; icann-board@icann.org <mailto:icann-board@icann.org>; Executive Team; COMMS Team; community-finance@icann.org <mailto:community-finance@icann.org>; Finance Staff *Subject:* Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update Xavier, Are you saying that ICANN’s contracts for Education/Engagement/Advice with (1) Albright Stonebridge Group LLC, (2) Edelman, (3) Interface Media, (4) Rice Hadley Gates LLC, (5) Summit Strategies International LLC, (6) WBC Global, and (7) Wiley Rein LLP each contain confidentiality provisions that prohibit ICANN from disclosing the specific amount paid to each of these individual vendors? Does this only apply to the CCWG and the public or does it also apply to other parts of the ICANN community, specifically the Supporting Organizations and Advisory Committees? Thank you for the link on lobbying disclosures. For those who are interested, here are ICANN’s lobbying expenditures based on the disclosure website of the U.S. Congress. I do have a couple of additional questions. Would this source capture lobbying exclusively directed toward the US Executive Branch? Has ICANN spent any funds during this period lobbying governments other than the US? Thank you, Brett ------------------------------------------------------------------------ *Brett* *Schaefer*/ Jay Kingham Senior Research Fellow in International Regulatory Affairs Margaret Thatcher Center for Freedom Davis Institute for National Security and Foreign Policy/ The Heritage Foundation 214 Massachusetts Avenue, NE Washington, DC 20002 202-608-6097 heritage.org <http://heritage.org/> *From:*Xavier J. Calvez [mailto:xavier.calvez@icann.org] *Sent:* Monday, July 18, 2016 6:30 PM *To:* Schaefer, Brett *Cc:* community-finance@icann.org <mailto:community-finance@icann.org>; cwg-stewardship@icann.org <mailto:cwg-stewardship@icann.org>; CCWG-Accountability; Executive Team; COMMS Team; icann-board@icann.org <mailto:icann-board@icann.org>; Finance Staff *Subject:* Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update Brett, Yes, the information I provided in my latest email had been included in some previous communication. I just wanted to make sure you had a clear visibility on this information, which provides for (i) categories of expenses, (ii) the individual names of the vendors grouped for each category, and (iii) the total value of the expenses for each category. With respect to the contractual obligations of confidentiality in commercial contracts, ICANN is subject to them, like all business organizations. That said, we disclose what we can consistent with standard business confidentiality provisions in vendor contracts. We cannot disclose the specific amount of spend with each vendor but we were able to disclose the names of the service providers engaged. Regarding the lobbying expenses, as you are aware, both organizations that hire lobbyists and firms that lobby on behalf of organizations are required under U.S. federal law to file lobbying disclosure reports. In addition to ICANN’s quarterly lobbying disclosures posted on our website, you can find the amounts ICANN has paid to individual outside lobbying firms at http://disclosures.house.gov/ld/ldsearch.aspx. I hope this helps and clarifies. Thank you. Best, Xavier Xavier Calvez ICANN CFO 12025 Waterfront Drive, Suite 300 Los Angeles, CA 90094 Office : +1 (310) 301 5838 Mobile : +1 (805) 312 0052 Fax : +1 (310) 957-2348 *From: *"Schaefer, Brett" <Brett.Schaefer@heritage.org <mailto:Brett.Schaefer@heritage.org>> *Date: *Thursday, July 14, 2016 at 7:07 AM *To: *Xavier Calvez <xavier.calvez@icann.org <mailto:xavier.calvez@icann.org>> *Cc: *"community-finance@icann.org <mailto:community-finance@icann.org>" <community-finance@icann.org <mailto:community-finance@icann.org>>, "cwg-stewardship@icann.org <mailto:cwg-stewardship@icann.org>" <cwg-stewardship@icann.org <mailto:cwg-stewardship@icann.org>>, CCWG-Accountability <accountability-cross-community@icann.org <mailto:accountability-cross-community@icann.org>>, Executive Team <executive-team@icann.org <mailto:executive-team@icann.org>>, COMMS Team <commsteam@icann.org <mailto:commsteam@icann.org>>, "icann-board@icann.org <mailto:icann-board@icann.org>" <icann-board@icann.org <mailto:icann-board@icann.org>>, Finance Staff <finance-staff@icann.org <mailto:finance-staff@icann.org>> *Subject: *Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update Xavier, This is pretty much the same information that was provided before. I am asking for a breakdown of how much was paid to each vender in the lobbying category (Akin Gump, etc.) and the education/engagement/advice category (Albright Stoneridge, etc.). Thank you, Brett On Jul 13, 2016, at 8:13 PM, Xavier J. Calvez <xavier.calvez@icann.org <mailto:xavier.calvez@icann.org>> wrote: Dear Brett, In response to your question listed below on 22 June: the detailed information provided on Other professional fees (other than legal fees, detailed in a separate section of the “Transition project cost” expense webpage, on the IANA Stewardship Transition webpage) can be found in the section called “Professional Services – Expenses Breakdown”. Within this section, you will find a link to a document that provides the list of Professional Services (other than legal fees) incurred, by category, with the names of the vendors, and the total amount of expenditures for the category. This link is copied below and was provided in my first answer to your question. I have also attached the file to which this link refers in case the link would not work for you. https://www.icann.org/en/system/files/files/iana-stewardship-expenses-professional-vendor-01jun16-en.pdf If this not addressing your question, please let me know. Thank you. Best, Xavier Xavier Calvez ICANN CFO 12025 Waterfront Drive, Suite 300 Los Angeles, CA 90094 Office : +1 (310) 301 5838 Mobile : +1 (805) 312 0052 Fax : +1 (310) 957-2348 ------------------------------------------------------------------------ *Brett* *Schaefer*/ Jay Kingham Senior Research Fellow in International Regulatory Affairs Margaret Thatcher Center for Freedom Davis Institute for National Security and Foreign Policy/ The Heritage Foundation 214 Massachusetts Avenue, NE Washington, DC 20002 202-608-6097 heritage.org <http://heritage.org/> *From: *Xavier Calvez <xavier.calvez@icann.org <mailto:xavier.calvez@icann.org>> *Date: *Tuesday, July 12, 2016 at 9:45 AM *To: *"Schaefer, Brett" <Brett.Schaefer@heritage.org <mailto:Brett.Schaefer@heritage.org>>, "community-finance@icann.org <mailto:community-finance@icann.org>" <community-finance@icann.org <mailto:community-finance@icann.org>>, "cwg-stewardship@icann.org <mailto:cwg-stewardship@icann.org>" <cwg-stewardship@icann.org <mailto:cwg-stewardship@icann.org>>, CCWG-Accountability <accountability-cross-community@icann.org <mailto:accountability-cross-community@icann.org>> *Cc: *Executive Team <executive-team@icann.org <mailto:executive-team@icann.org>>, COMMS Team <commsteam@icann.org <mailto:commsteam@icann.org>>, "icann-board@icann.org <mailto:icann-board@icann.org>" <icann-board@icann.org <mailto:icann-board@icann.org>>, Finance Staff <finance-staff@icann.org <mailto:finance-staff@icann.org>> *Subject: *Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update Brett, Thank you for following up. I will make sure to respond no later than the end of this week. Thank you. Best, Xavier Xavier Calvez ICANN CFO 12025 Waterfront Drive, Suite 300 Los Angeles, CA 90094 Office : +1 (310) 301 5838 Mobile : +1 (805) 312 0052 Fax : +1 (310) 957-2348 *From: *"Schaefer, Brett" <Brett.Schaefer@heritage.org <mailto:Brett.Schaefer@heritage.org>> *Date: *Tuesday, July 12, 2016 at 11:38 AM *To: *Xavier Calvez <xavier.calvez@icann.org <mailto:xavier.calvez@icann.org>>, "community-finance@icann.org <mailto:community-finance@icann.org>" <community-finance@icann.org <mailto:community-finance@icann.org>>, "cwg-stewardship@icann.org <mailto:cwg-stewardship@icann.org>" <cwg-stewardship@icann.org <mailto:cwg-stewardship@icann.org>>, CCWG-Accountability <accountability-cross-community@icann.org <mailto:accountability-cross-community@icann.org>> *Cc: *Executive Team <executive-team@icann.org <mailto:executive-team@icann.org>>, COMMS Team <commsteam@icann.org <mailto:commsteam@icann.org>>, "icann-board@icann.org <mailto:icann-board@icann.org>" <icann-board@icann.org <mailto:icann-board@icann.org>>, Finance Staff <finance-staff@icann.org <mailto:finance-staff@icann.org>> *Subject: *RE: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update Xavier, Thanks for promising to get this information to me in Helsinki. Do you have an estimate for when it will be provided? Thanks, Brett ------------------------------------------------------------------------ *Brett* *Schaefer*/ Jay Kingham Senior Research Fellow in International Regulatory Affairs Margaret Thatcher Center for Freedom Davis Institute for National Security and Foreign Policy/ The Heritage Foundation 214 Massachusetts Avenue, NE Washington, DC 20002 202-608-6097 heritage.org <http://heritage.org/> *From:*Schaefer, Brett *Sent:* Wednesday, June 22, 2016 2:39 PM *To:* 'Xavier J. Calvez'; community-finance@icann.org <mailto:community-finance@icann.org>; cwg-stewardship@icann.org <mailto:cwg-stewardship@icann.org>; CCWG-Accountability *Cc:* Executive Team; COMMS Team; icann-board@icann.org <mailto:icann-board@icann.org>; Finance Staff *Subject:* RE: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update Xavier, I appreciate the detailed breakdown on the legal fees That is indeed what I was looking for though I would think it useful to have the totals provided in the summary document. However, I did not see similar information for lobbying or education/ engagement/advice in the links provided. In fact, the only specific information that I saw listed is for Jamie Hedlund at $200,000. No information on other individual firms or vendors is listed at all – only the top line budget expenditure in the summary document link originally sent around. Could you provide that information? Thanks, Brett *From:*Xavier J. Calvez [mailto:xavier.calvez@icann.org] *Sent:* Wednesday, June 22, 2016 10:43 AM *To:* Schaefer, Brett; community-finance@icann.org <mailto:community-finance@icann.org>; cwg-stewardship@icann.org <mailto:cwg-stewardship@icann.org>; CCWG-Accountability *Cc:* Executive Team; COMMS Team; icann-board@icann.org <mailto:icann-board@icann.org>; Finance Staff *Subject:* Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update Dear all, It appears that the first link in my email further below (detail of legal fees by firm) does not resolve correctly. Please use the below instead. https://www.icann.org/en/system/files/files/iana-stewardship-expenses-legal-firm-fy16-01jun16-en.pdf Thank you. Best, Xavier Xavier Calvez ICANN CFO 12025 Waterfront Drive, Suite 300 Los Angeles, CA 90094 Office : +1 (310) 301 5838 Mobile : +1 (805) 312 0052 Fax : +1 (310) 957-2348 *From: *Xavier Calvez <xavier.calvez@icann.org <mailto:xavier.calvez@icann.org>> *Date: *Wednesday, June 22, 2016 at 1:01 PM *To: *"Schaefer, Brett" <Brett.Schaefer@heritage.org <mailto:Brett.Schaefer@heritage.org>>, "community-finance@icann.org <mailto:community-finance@icann.org>" <community-finance@icann.org <mailto:community-finance@icann.org>>, "cwg-stewardship@icann.org <mailto:cwg-stewardship@icann.org>" <cwg-stewardship@icann.org <mailto:cwg-stewardship@icann.org>>, CCWG-Accountability <accountability-cross-community@icann.org <mailto:accountability-cross-community@icann.org>> *Cc: *Executive Team <executive-team@icann.org <mailto:executive-team@icann.org>>, COMMS Team <commsteam@icann.org <mailto:commsteam@icann.org>>, "icann-board@icann.org <mailto:icann-board@icann.org>" <icann-board@icann.org <mailto:icann-board@icann.org>>, Finance Staff <finance-staff@icann.org <mailto:finance-staff@icann.org>> *Subject: *Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update Dear Brett, Thank you for your interest and question. We currently publish the list of all vendors from whom ICANN obtain services in relation to the IANA Stewardship transition. The $$ value of the services received is aggregated by category of expenses, which you mention below (US Government affairs, Education/engagement/advice,…). This presentation is driven by 2 factors: providing clarity as to the type of services received, and abiding by the contractual obligation of confidentiality in force with each of the vendors (resulting from standard business sensitive information). We do publish however the detail of the legal advice, by firm and by working group, on this same page (see for example the link to the report of fees by firm: _https://www.icann.org/en/system/files/files/iana-stewardship-expenses-legal-firm-fy16-01jun16-en.pdf) <https://www.icann.org/en/system/files/files/iana-stewardship-expenses-legal-firm-fy16-01jun16-en.pdf%29>_. You will also find more information relative to ICANN’s lobbying in the following blog published a few months ago. In this blog, you will also find links to the disclosure reports that ICANN makes on lobbying activities. _https://www.icann.org/resources/pages/lobbying-disclosures-contributions-2015-11-18-en._ Lastly, further information on lobbying appears in ICANN’s form 990 (Schedule C, Part II-B. On page 33/73 of the FY15 form 990 published at the following link): https://www.icann.org/en/system/files/files/fy-2015-form-990-10may16-en.pdf I hope this helps. Please let me know if you have further questions. Thank you. Best, Xavier Xavier Calvez ICANN CFO 12025 Waterfront Drive, Suite 300 Los Angeles, CA 90094 Office : +1 (310) 301 5838 Mobile : +1 (805) 312 0052 Fax : +1 (310) 957-2348 *From: *"Schaefer, Brett" <Brett.Schaefer@heritage.org <mailto:Brett.Schaefer@heritage.org>> *Date: *Tuesday, June 21, 2016 at 9:54 PM *To: *Xavier Calvez <xavier.calvez@icann.org <mailto:xavier.calvez@icann.org>>, "community-finance@icann.org <mailto:community-finance@icann.org>" <community-finance@icann.org <mailto:community-finance@icann.org>>, "cwg-stewardship@icann.org <mailto:cwg-stewardship@icann.org>" <cwg-stewardship@icann.org <mailto:cwg-stewardship@icann.org>>, CCWG-Accountability <accountability-cross-community@icann.org <mailto:accountability-cross-community@icann.org>> *Cc: *Executive Team <executive-team@icann.org <mailto:executive-team@icann.org>>, COMMS Team <commsteam@icann.org <mailto:commsteam@icann.org>>, "icann-board@icann.org <mailto:icann-board@icann.org>" <icann-board@icann.org <mailto:icann-board@icann.org>>, Finance Staff <finance-staff@icann.org <mailto:finance-staff@icann.org>> *Subject: *RE: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update Xavier, Thank you. Could you please provide a more detailed breakdown of legal advice, US government affairs, and educations/engagement/advice? In each category, there are multiple firms/vendors listed (https://www.icann.org/en/system/files/files/iana-stewardship-expenses-professional-vendor-01jun16-en.pdf). I would appreciate the amount provided to each individual vendor. If it is provided somewhere, I would appreciate you letting me know where to find it. Much appreciated, Brett ------------------------------------------------------------------------ *Brett* *Schaefer*/ Jay Kingham Senior Research Fellow in International Regulatory Affairs Margaret Thatcher Center for Freedom Davis Institute for National Security and Foreign Policy/ The Heritage Foundation 214 Massachusetts Avenue, NE Washington, DC 20002 202-608-6097 heritage.org <http://heritage.org/> *From:*accountability-cross-community-bounces@icann.org <mailto:accountability-cross-community-bounces@icann.org> [mailto:accountability-cross-community-bounces@icann.org] *On Behalf Of *Xavier J. Calvez *Sent:* Saturday, June 18, 2016 12:10 AM *To:* community-finance@icann.org <mailto:community-finance@icann.org>; cwg-stewardship@icann.org <mailto:cwg-stewardship@icann.org>; CCWG-Accountability *Cc:* Executive Team; COMMS Team; icann-board@icann.org <mailto:icann-board@icann.org>; Finance Staff *Subject:* [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update Dear all, You find at the link below the updated project’s expenses as of FY16 Q3 (from July 2014 to March 2016). As indicated a few months ago, we have added new detailed information on the staff support with the individual positions, names and percentages of effort over the period. _https://www.icann.org/resources/pages/iana-stewardship-project-costs_ Thank you. Best, Xavier Xavier Calvez ICANN CFO 12025 Waterfront Drive, Suite 300 Los Angeles, CA 90094 Office : +1 (310) 301 5838 Mobile : +1 (805) 312 0052 Fax : +1 (310) 957-2348 <iana-stewardship-expenses-professional-vendor-01jun16-en.pdf> _______________________________________________ Accountability-Cross-Community mailing list Accountability-Cross-Community@icann.org <mailto:Accountability-Cross-Community@icann.org> https://mm.icann.org/mailman/listinfo/accountability-cross-community _______________________________________________ community-finance mailing list community-finance@icann.org <mailto:community-finance@icann.org> https://mm.icann.org/mailman/listinfo/community-finance _______________________________________________ Accountability-Cross-Community mailing list Accountability-Cross-Community@icann.org <mailto:Accountability-Cross-Community@icann.org> https://mm.icann.org/mailman/listinfo/accountability-cross-community--
"It is a disgrace to be rich and honoured in an unjust state" -Confucius 邦有道，贫且贱焉，耻也。邦无道，富且贵焉，耻也
Dr Sam Lanfranco (Prof Emeritus & Senior Scholar) Econ, York U., Toronto, Ontario, CANADA - M3J 1P3 email:Lanfran@Yorku.ca <mailto:Lanfran@Yorku.ca> Skype: slanfranco blog:http://samlanfranco.blogspot.com Phone: +1 613-476-0429 cell: +1 416-816-2852
--
"It is a disgrace to be rich and honoured in an unjust state" -Confucius 邦有道，贫且贱焉，耻也。邦无道，富且贵焉，耻也
Dr Sam Lanfranco (Prof Emeritus & Senior Scholar) Econ, York U., Toronto, Ontario, CANADA - M3J 1P3 email: Lanfran@Yorku.ca Skype: slanfranco blog: http://samlanfranco.blogspot.com Phone: +1 613-476-0429 cell: +1 416-816-2852
so excellent clarification, Sam. M
Subject: Re: [CCWG-ACCT] [community-finance] IANA Stewardship Transition - Project Expenses - FY16 Q3 update To: marilynscade@hotmail.com; psc@vlaw-dc.com; kstubbs@afilias.info; paul.rosenzweig@redbranchconsulting.com; brett.schaefer@heritage.org; xavier.calvez@icann.org CC: cwg-stewardship@icann.org; accountability-cross-community@icann.org; icann-board@icann.org; executive-team@icann.org; commsteam@icann.org; community-finance@icann.org; finance-staff@icann.org From: sam@lanfranco.net Date: Wed, 20 Jul 2016 17:41:40 -0400
@Marilyn, Just for clarification, I was NOT suggesting going
beyond the important disclosure issue at hand. The reference to a
gTLD was only in reference to me being overly cautious, and
certainly not an effort to ignite another discussion stream. I
apologize if that was not clear to all.
Sam L.
On 7/20/2016 5:27 PM, Marilyn Cade
wrote:
I'd like to stick to the topic we are discussing
which is disclosure about 'advisors', and lobbyists, and not
venture until the gTLDs contracts. I fear that would become a
bog that is too unbounded, with some questioning the marketing
plans of different gTLDs, like give aways, etc.
So, I ask that as this is the CCWG-ACCT, and the topic is
about the amounts paid for consultants specifically working on
the IANA transition -- and who they are -- and that they have
only ICANN as a client, not also members of ICANN's community
on directly related subjects -- we stick to that discussion.
All law firms in the US 'clear' conflicts before accepting
a new client, and all corporations 'clear' their consultants.
While this may be confidential in both these cases, I do agree
that a public interest NGO, which is what ICANN is, can best
serve itself, and the interest of the broader ICANN community
by as much transparency as possible. BUT let's keep it high
level and civil in our request for facts and figures.
As I like to say: Facts are our friends.
Of course, some issues have to be kept confidential.
Who the consultants are has been published, what they were
paid would add to the transparency. What they do, at a high
level, should be published as well. I will say again that I
think that the work is probably much needed. I spend a lot of
time -- without being paid -- explaining ICANN as I do my
other IG work and it is is a worthwhile task and an important
one if we are to demystify ICANN to RoW [Rest of World].
I am sure it is all above board, but it has now taken on a
sort of taint of 'why not tell'.
Let's keep this high level and not make it a hunt for the
details, but just get the high level facts, and make that a
standard.
Will help us all.
M
Subject: Re: [CCWG-ACCT]
[community-finance] IANA Stewardship Transition - Project
Expenses - FY16 Q3 update
To: psc@vlaw-dc.com; kstubbs@afilias.info;
paul.rosenzweig@redbranchconsulting.com;
marilynscade@hotmail.com; brett.schaefer@heritage.org;
xavier.calvez@icann.org
CC: cwg-stewardship@icann.org;
accountability-cross-community@icann.org;
icann-board@icann.org; executive-team@icann.org;
commsteam@icann.org; community-finance@icann.org;
finance-staff@icann.org
From: sam@lanfranco.net
Date: Wed, 20 Jul 2016 12:23:12 -0400
As the non-lawyer economist here I would like to observe
that the discussion has honed in on a specific enough
question, one that has an ICANN definitive answer, and that
it should be put both to the Board and the new CEO for a an
answer and clarification. I previously worried that the
ICANN DNS contract with .sucks seemed to verge on ICANN
exposing itself to the RICO act in the U.S., given the
.sucks marketing plan. Maybe I am overly cautious but as a
not-for-profit corporation operating in the public interest
ICANN is more than obliged to provide clarity here. Silence
won't do.
Sam Lanfranco, NPOC/CSIH
On 7/20/2016 12:06 PM, Phil
Corwin wrote:
If
the contract non-disclosure clause indeed violates
IRS disclosure requirements then how could ICANN
legal agree to it?
Philip
S. Corwin, Founding Principal
Virtualaw
LLC
1155
F Street, NW
Suite
1050
Washington,
DC 20004
202-559-8597/Direct
202-559-8750/Fax
202-255-6172/Cell
Twitter:
@VlawDC
"Luck
is the residue of design" -- Branch Rickey
From:
Ken Stubbs [mailto:kstubbs@afilias.info]
Sent: Wednesday, July 20, 2016 11:37 AM
To: Paul Rosenzweig; 'Marilyn Cade'; Phil
Corwin; 'Schaefer, Brett'; 'Xavier J. Calvez'
Cc: cwg-stewardship@icann.org;
'CCWG-Accountability'; icann-board@icann.org;
'Executive Team'; 'COMMS Team'; community-finance@icann.org;
'Finance Staff'
Subject: Re: [community-finance]
[CCWG-ACCT] IANA Stewardship Transition -
Project Expenses - FY16 Q3 update
I
believe Lori is correct here. IRS requirements on
disclosures are
usually quite specific here
Ken Stubbs
On 7/20/16 10:32, Lori
Schulman wrote:
I
don’t believe that 501©3 orgs can consider any
consulting fees confidential as the top fees are
required to be reported on the 990.
Lori
Lori
S. Schulman
Senior
Director, Internet Policy
International
Trademark Association (INTA)
+1-202-704-0408,
Skype: lsschulman
From:
accountability-cross-community-bounces@icann.org
[mailto:accountability-cross-community-bounces@icann.org]
On Behalf Of Paul Rosenzweig
Sent: Wednesday, July 20, 2016 10:16 AM
To: 'Marilyn Cade' <marilynscade@hotmail.com>;
'Phil Corwin' <psc@vlaw-dc.com>;
'Schaefer, Brett'
<brett.schaefer@heritage.org>;
'Xavier J. Calvez'
<xavier.calvez@icann.org>
Cc: cwg-stewardship@icann.org;
'CCWG-Accountability' <accountability-cross-community@icann.org>;
icann-board@icann.org;
'Executive Team' <executive-team@icann.org>;
'COMMS Team' <commsteam@icann.org>;
community-finance@icann.org; 'Finance
Staff'
<finance-staff@icann.org>
Subject: Re: [CCWG-ACCT] IANA
Stewardship Transition - Project Expenses -
FY16 Q3 update
I
agree completely with Marilyn and Phil. I have
been on both sides of non-disclosure agreements –
both ones requested by me and ones requested by my
clients. Typically, a client (in the position of
ICANN) may request that a consultant sign an NDA
so as to protect the confidentiality of its
efforts or its intellectual property. Sometimes a
consultant might have a proprietary methodology or
process that they are using on behalf of the
client that they wish to protect.
Neither
circumstance applies here that I can see. And in
no case that I am aware of has a client ever asked
me to keep confidential my fee … I don’t
broadcast them, but I’m in the private sector.
For ICANN, which is an NGO acting in the global
public interest, I cannot see any reason at all
why ICANN would want or agree to a confidentiality
arrangement as to the size of the fee paid.
Xavier
– can you tell us what the rationale is? I may be
missing something …..
Thanks
Paul
Paul
Rosenzweig
paul.rosenzweig@redbranchconsulting.com
O:
+1 (202) 547-0660
M:
+1 (202) 329-9650
VOIP:
+1 (202) 738-1739
www.redbranchconsulting.com
My
PGP Key: http://redbranchconsulting.com/who-we-are/public-pgp-key/
From:
accountability-cross-community-bounces@icann.org
[mailto:accountability-cross-community-bounces@icann.org]
On Behalf Of Marilyn Cade
Sent: Wednesday, July 20, 2016 9:05 AM
To: Phil Corwin <psc@vlaw-dc.com>;
Schaefer, Brett <brett.schaefer@heritage.org>;
Xavier J. Calvez <xavier.calvez@icann.org>
Cc: cwg-stewardship@icann.org;
CCWG-Accountability <accountability-cross-community@icann.org>;
icann-board@icann.org;
Executive Team <executive-team@icann.org>;
COMMS Team <commsteam@icann.org>;
community-finance@icann.org;
Finance Staff <finance-staff@icann.org>
Subject: Re: [CCWG-ACCT] IANA
Stewardship Transition - Project Expenses -
FY16 Q3 update
I
support Phil's clarifying explanation.
I
also think that anyone who is in this
category, should have to declare if they re
also representing companies in a SO/AC.
Or
advising governments.
In
the BC, we do not allow an ICANN consultant to
be a BC member, regardless of the amount, but
if someone is a backdoor advisor to ICANN and
also a group of entities, in a SO/AC, that
would not be so obvious, but I think that for
integrity sake, of course, any such entity
would recuse themselves from advising
companies, while also advising ICANN.
And
I would expect ICANN to disqualify such
entities as their consultants.
Thanks,
Phil, for this useful clarification.
M
From:
psc@vlaw-dc.com
To: Brett.Schaefer@heritage.org;
xavier.calvez@icann.org
Date: Wed, 20 Jul 2016 00:48:08 +0000
CC: cwg-stewardship@icann.org;
accountability-cross-community@icann.org;
icann-board@icann.org; executive-team@icann.org;
commsteam@icann.org;
community-finance@icann.org; finance-staff@icann.org
Subject: Re: [CCWG-ACCT] IANA Stewardship
Transition - Project Expenses - FY16 Q3
update
In
the U.S. much of what used to be done by
registered lobbyists is now performed by
“strategic advisors” who walk right up to
the line of what constitutes lobbying (and
maybe a few inches over), and nonetheless
facilitate door opening to key members of
Congress and the Executive branch, and who
“educate” rather than “lobby” members of
both branches of government. So while the
seven firms may not be engaged in what is
considered lobbying under current U.S.
law, they are still likely engaged in
helping to assure officials outcomes
desired by ICANN corporate.
It
is for that reason – as well as for the
exercise of effective oversight over ICANN
budgeting and expenditures – that the
community should have more data on this.
If ICANN is prohibited by its contracts
with these firms from disclosing its
expenditures that is unfortunate – and in
the future I would hope that ICANN would
tell any firms being considered for such
duties that its own transparency
obligations to the community preclude it
from agreeing to such restrictions (I’d
wager that the majority of the firms would
waive confidentiality rather than lose the
contract).
At
a minimum, ICANN should disclose the
aggregate amounts spent with these seven
firms since they were engaged – surely
their contracts don’t bar such aggregate
reporting.
Philip
S. Corwin, Founding Principal
Virtualaw
LLC
1155
F Street, NW
Suite
1050
Washington,
DC 20004
202-559-8597/Direct
202-559-8750/Fax
202-255-6172/Cell
Twitter:
@VlawDC
"Luck
is the residue of design" -- Branch
Rickey
From:
accountability-cross-community-bounces@icann.org
[mailto:accountability-cross-community-bounces@icann.org]
On Behalf Of Schaefer, Brett
Sent: Tuesday, July 19, 2016
1:04 PM
To: Xavier J. Calvez
Cc: cwg-stewardship@icann.org;
CCWG-Accountability; icann-board@icann.org;
Executive Team; COMMS Team; community-finance@icann.org;
Finance Staff
Subject: Re: [CCWG-ACCT] IANA
Stewardship Transition - Project
Expenses - FY16 Q3 update
Xavier,
Are
you saying that ICANN’s contracts for
Education/Engagement/Advice with (1)
Albright Stonebridge Group LLC, (2)
Edelman, (3) Interface Media, (4) Rice
Hadley Gates LLC, (5) Summit Strategies
International LLC, (6) WBC Global, and (7)
Wiley Rein LLP each contain
confidentiality provisions that prohibit
ICANN from disclosing the specific amount
paid to each of these individual vendors?
Does
this only apply to the CCWG and the public
or does it also apply to other parts of
the ICANN community, specifically the
Supporting Organizations and Advisory
Committees?
Thank
you for the link on lobbying disclosures.
For those who are interested, here are
ICANN’s lobbying expenditures based on the
disclosure website of the U.S. Congress.
I
do have a couple of additional questions.
Would this source capture lobbying
exclusively directed toward the US
Executive Branch? Has ICANN spent any
funds during this period lobbying
governments other than the US?
Thank
you,
Brett
Brett
Schaefer
Jay Kingham Senior Research Fellow in
International Regulatory Affairs
Margaret Thatcher Center for Freedom
Davis Institute for National Security
and Foreign Policy
The
Heritage Foundation
214 Massachusetts Avenue, NE
Washington, DC 20002
202-608-6097
heritage.org
From:
Xavier J. Calvez [mailto:xavier.calvez@icann.org]
Sent: Monday, July 18, 2016
6:30 PM
To: Schaefer, Brett
Cc: community-finance@icann.org;
cwg-stewardship@icann.org;
CCWG-Accountability; Executive Team;
COMMS Team; icann-board@icann.org;
Finance Staff
Subject: Re: [CCWG-ACCT] IANA
Stewardship Transition - Project
Expenses - FY16 Q3 update
Brett,
Yes,
the information I provided in my latest
email had been included in some previous
communication. I just wanted to make sure
you had a clear visibility on this
information, which provides for (i)
categories of expenses, (ii) the
individual names of the vendors grouped
for each category, and (iii) the total
value of the expenses for each category.
With
respect to the contractual obligations of
confidentiality in commercial contracts,
ICANN is subject to them, like all
business organizations. That said, we
disclose what we can consistent with
standard business confidentiality
provisions in vendor contracts. We cannot
disclose the specific amount of spend with
each vendor but we were able to disclose
the names of the service providers
engaged.
Regarding
the lobbying expenses, as you are aware,
both organizations that hire lobbyists and
firms that lobby on behalf of
organizations are required under U.S.
federal law to file lobbying disclosure
reports. In addition to ICANN’s quarterly
lobbying disclosures posted on our
website, you can find the amounts ICANN
has paid to individual outside lobbying
firms at http://disclosures.house.gov/ld/ldsearch.aspx.
I
hope this helps and clarifies.
Thank
you.
Best,
Xavier
Xavier
Calvez
ICANN
CFO
12025
Waterfront Drive, Suite 300
Los
Angeles, CA 90094
Office
: +1 (310) 301 5838
Mobile
: +1 (805) 312 0052
Fax
: +1 (310) 957-2348
From:
"Schaefer,
Brett" <Brett.Schaefer@heritage.org>
Date: Thursday, July 14, 2016 at
7:07 AM
To: Xavier Calvez <xavier.calvez@icann.org>
Cc: "community-finance@icann.org"
<community-finance@icann.org>,
"cwg-stewardship@icann.org"
<cwg-stewardship@icann.org>,
CCWG-Accountability <accountability-cross-community@icann.org>,
Executive Team <executive-team@icann.org>,
COMMS Team <commsteam@icann.org>,
"icann-board@icann.org"
<icann-board@icann.org>,
Finance Staff <finance-staff@icann.org>
Subject: Re: [CCWG-ACCT] IANA
Stewardship Transition - Project
Expenses - FY16 Q3 update
Xavier,
This
is pretty much the same
information that was provided
before. I am asking for a
breakdown of how much was paid to
each vender in the lobbying
category (Akin Gump, etc.) and the
education/engagement/advice
category (Albright Stoneridge,
etc.).
Thank
you,
Brett
On Jul 13, 2016, at 8:13 PM, Xavier
J. Calvez <xavier.calvez@icann.org>
wrote:
Dear
Brett,
In
response to your question listed
below on 22 June: the detailed
information provided on Other
professional fees (other than
legal fees, detailed in a separate
section of the “Transition project
cost” expense webpage, on the IANA
Stewardship Transition webpage)
can be found in the section called
“Professional
Services – Expenses Breakdown”.
Within this section, you will find
a link to a document that provides
the list of Professional Services
(other than legal fees) incurred,
by category, with the names of the
vendors, and the total amount of
expenditures for the category.
This
link is copied below and was
provided in my first answer to
your question. I have also
attached the file to which this
link refers in case the link would
not work for you.
https://www.icann.org/en/system/files/files/iana-stewardship-expenses-professional-vendor-01jun16-en.pdf
If
this not addressing your question,
please let me know.
Thank
you.
Best,
Xavier
Xavier
Calvez
ICANN
CFO
12025
Waterfront Drive, Suite 300
Los
Angeles, CA 90094
Office
: +1 (310) 301 5838
Mobile
: +1 (805) 312 0052
Fax
: +1 (310) 957-2348
Brett
Schaefer
Jay Kingham Senior Research Fellow
in International Regulatory Affairs
Margaret Thatcher Center for Freedom
Davis Institute for National
Security and Foreign Policy
The
Heritage Foundation
214 Massachusetts Avenue, NE
Washington, DC 20002
202-608-6097
heritage.org
From:
Xavier
Calvez <xavier.calvez@icann.org>
Date: Tuesday, July 12,
2016 at 9:45 AM
To: "Schaefer, Brett"
<Brett.Schaefer@heritage.org>,
"community-finance@icann.org"
<community-finance@icann.org>,
"cwg-stewardship@icann.org"
<cwg-stewardship@icann.org>,
CCWG-Accountability <accountability-cross-community@icann.org>
Cc: Executive Team <executive-team@icann.org>,
COMMS Team <commsteam@icann.org>,
"icann-board@icann.org"
<icann-board@icann.org>,
Finance Staff <finance-staff@icann.org>
Subject: Re: [CCWG-ACCT]
IANA Stewardship Transition -
Project Expenses - FY16 Q3
update
Brett,
Thank
you for following up.
I
will make sure to respond no
later than the end of this
week.
Thank
you.
Best,
Xavier
Xavier
Calvez
ICANN
CFO
12025
Waterfront Drive, Suite
300
Los
Angeles, CA 90094
Office
: +1 (310) 301 5838
Mobile
: +1 (805) 312 0052
Fax
: +1 (310) 957-2348
From:
"Schaefer,
Brett" <Brett.Schaefer@heritage.org>
Date: Tuesday, July
12, 2016 at 11:38 AM
To: Xavier Calvez
<xavier.calvez@icann.org>,
"community-finance@icann.org"
<community-finance@icann.org>,
"cwg-stewardship@icann.org"
<cwg-stewardship@icann.org>,
CCWG-Accountability <accountability-cross-community@icann.org>
Cc: Executive Team
<executive-team@icann.org>,
COMMS Team <commsteam@icann.org>,
"icann-board@icann.org"
<icann-board@icann.org>,
Finance Staff <finance-staff@icann.org>
Subject: RE:
[CCWG-ACCT] IANA Stewardship
Transition - Project
Expenses - FY16 Q3 update
Xavier,
Thanks
for promising to get this
information to me in
Helsinki. Do you have an
estimate for when it will
be provided?
Thanks,
Brett
Brett Schaefer
Jay Kingham Senior
Research Fellow in
International Regulatory
Affairs
Margaret Thatcher Center
for Freedom Davis
Institute for National
Security and Foreign
Policy
The
Heritage Foundation
214 Massachusetts Avenue,
NE
Washington, DC 20002
202-608-6097
heritage.org
From:
Schaefer, Brett
Sent:
Wednesday, June 22,
2016 2:39 PM
To: 'Xavier J.
Calvez'; community-finance@icann.org;
cwg-stewardship@icann.org;
CCWG-Accountability
Cc: Executive
Team; COMMS Team; icann-board@icann.org;
Finance Staff
Subject: RE:
[CCWG-ACCT] IANA
Stewardship Transition
- Project Expenses -
FY16 Q3 update
Xavier,
I
appreciate the detailed
breakdown on the legal
fees That is indeed what I
was looking for though I
would think it useful to
have the totals provided
in the summary document.
However,
I did not see similar
information for lobbying
or education/
engagement/advice in the
links provided. In fact,
the only specific
information that I saw
listed is for Jamie
Hedlund at $200,000. No
information on other
individual firms or
vendors is listed at all –
only the top line budget
expenditure in the summary
document link originally
sent around.
Could
you provide that
information?
Thanks,
Brett
From:
Xavier J. Calvez [mailto:xavier.calvez@icann.org]
Sent:
Wednesday, June 22,
2016 10:43 AM
To: Schaefer,
Brett; community-finance@icann.org;
cwg-stewardship@icann.org;
CCWG-Accountability
Cc: Executive
Team; COMMS Team; icann-board@icann.org;
Finance Staff
Subject: Re:
[CCWG-ACCT] IANA
Stewardship Transition
- Project Expenses -
FY16 Q3 update
Dear
all,
It
appears that the first
link in my email further
below (detail of legal
fees by firm) does not
resolve correctly. Please
use the below instead.
https://www.icann.org/en/system/files/files/iana-stewardship-expenses-legal-firm-fy16-01jun16-en.pdf
Thank
you.
Best,
Xavier
Xavier
Calvez
ICANN
CFO
12025
Waterfront Drive,
Suite 300
Los
Angeles, CA 90094
Office
: +1 (310) 301 5838
Mobile
: +1 (805) 312 0052
Fax
: +1 (310) 957-2348
From:
Xavier
Calvez <xavier.calvez@icann.org>
Date: Wednesday,
June 22, 2016 at 1:01 PM
To: "Schaefer,
Brett" <Brett.Schaefer@heritage.org>,
"community-finance@icann.org"
<community-finance@icann.org>,
"cwg-stewardship@icann.org"
<cwg-stewardship@icann.org>,
CCWG-Accountability <accountability-cross-community@icann.org>
Cc: Executive
Team <executive-team@icann.org>,
COMMS Team <commsteam@icann.org>, "icann-board@icann.org" <icann-board@icann.org>,
Finance Staff <finance-staff@icann.org>
Subject: Re:
[CCWG-ACCT] IANA
Stewardship Transition -
Project Expenses - FY16
Q3 update
Dear
Brett,
Thank
you for your interest
and question.
We
currently publish the
list of all vendors
from whom ICANN obtain
services in relation
to the IANA
Stewardship
transition. The $$
value of the services
received is aggregated
by category of
expenses, which you
mention below (US
Government affairs,Education/engagement/advice,…). This presentation is driven by 2
factors: providing
clarity as to the type
of services received,
and abiding by the
contractual obligation
of confidentiality in
force with each of the
vendors (resulting
from standard business
sensitive
information).
We
do publish however the
detail of the legal
advice, by firm and by
working group, on this
same page (see for
example the link to
the report of fees by
firm: https://www.icann.org/en/system/files/files/iana-stewardship-expenses-legal-...).
You
will also find more
information relative
to ICANN’s lobbying in
the following blog
published a few months
ago. In this blog, you
will also find links
to the disclosure
reports that ICANN
makes on lobbying
activities.
https://www.icann.org/resources/pages/lobbying-disclosures-contributions-201....
Lastly,
further information on
lobbying appears in
ICANN’s form 990
(Schedule C, Part
II-B. On page 33/73 of
the FY15 form 990
published at the
following link):
https://www.icann.org/en/system/files/files/fy-2015-form-990-10may16-en.pdf
I
hope this helps.
Please let me know if
you have further
questions.
Thank
you.
Best,
Xavier
Xavier
Calvez
ICANN
CFO
12025
Waterfront
Drive, Suite 300
Los
Angeles, CA
90094
Office
: +1 (310) 301
5838
Mobile
: +1 (805) 312
0052
Fax
: +1
(310) 957-2348
From:
"Schaefer,
Brett" <Brett.Schaefer@heritage.org>
Date: Tuesday,
June 21, 2016 at
9:54 PM
To: Xavier
Calvez <xavier.calvez@icann.org>, "community-finance@icann.org"
<community-finance@icann.org>,
"cwg-stewardship@icann.org"
<cwg-stewardship@icann.org>,
CCWG-Accountability
<accountability-cross-community@icann.org>
Cc: Executive
Team <executive-team@icann.org>,
COMMS Team <commsteam@icann.org>, "icann-board@icann.org" <icann-board@icann.org>,
Finance Staff <finance-staff@icann.org>
Subject: RE:
[CCWG-ACCT] IANA
Stewardship
Transition - Project
Expenses - FY16 Q3
update
Xavier,
Thank
you. Could you
please provide a
more detailed
breakdown of legal
advice, US
government
affairs, andeducations/engagement/advice? In each category, there are multiple firms/vendors listed (https://www.icann.org/en/system/files/files/iana-stewardship-expenses-profes...). I would appreciate the amount provided to each individual vendor. If it is provided somewhere, I would appreciate you letting me know where to find it. Much appreciated, Brett Brett Schaefer
Jay Kingham
Senior Research
Fellow in
International
Regulatory
Affairs
Margaret
Thatcher Center
for Freedom
Davis Institute
for National
Security and
Foreign Policy
The
Heritage
Foundation
214 Massachusetts
Avenue, NE
Washington, DC
20002
202-608-6097
heritage.org
From:
accountability-cross-community-bounces@icann.org
[mailto:accountability-cross-community-bounces@icann.org]
On Behalf
Of Xavier
J. Calvez
Sent:
Saturday, June
18, 2016 12:10
AM
To: community-finance@icann.org;
cwg-stewardship@icann.org;
CCWG-Accountability
Cc:
Executive
Team; COMMS
Team; icann-board@icann.org; Finance
Staff
Subject:
[CCWG-ACCT]
IANA
Stewardship
Transition -
Project
Expenses -
FY16 Q3 update
Dear
all,
You
find at the link
below the updated
project’s expenses
as of FY16 Q3
(from July 2014 to
March 2016). As
indicated a few
months ago, we
have added new
detailed
information on the
staff support with
the individual
positions, names
and percentages of
effort over the
period.
https://www.icann.org/resources/pages/iana-stewardship-project-costs
Thank
you.
Best,
Xavier
Xavier
Calvez
ICANN
CFO
12025
Waterfront
Drive, Suite
300
Los
Angeles, CA
90094
Office
: +1 (310) 301
5838
Mobile
: +1 (805) 312
0052
Fax
: +1
(310) 957-2348
<iana-stewardship-expenses-professional-vendor-01jun16-en.pdf>
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-- "It is a disgrace to be rich and honoured in an unjust state" -Confucius 邦有道，贫且贱焉，耻也。邦无道，富且贵焉，耻也
Dr Sam Lanfranco (Prof Emeritus & Senior Scholar) Econ, York U., Toronto, Ontario, CANADA - M3J 1P3 email: Lanfran@Yorku.ca Skype: slanfranco blog: http://samlanfranco.blogspot.com Phone: +1 613-476-0429 cell: +1 416-816-2852
-- "It is a disgrace to be rich and honoured in an unjust state" -Confucius 邦有道，贫且贱焉，耻也。邦无道，富且贵焉，耻也
Dr Sam Lanfranco (Prof Emeritus & Senior Scholar) Econ, York U., Toronto, Ontario, CANADA - M3J 1P3 email: Lanfran@Yorku.ca Skype: slanfranco blog: http://samlanfranco.blogspot.com Phone: +1 613-476-0429 cell: +1 416-816-2852
This is very useful discussion particularly on this very list. Any idea, how are the consultants/contractors hired by ICANN?. If this is through an RFP/competitive bid thn may be the RFP will have the detail/requirement what is required which in other words will mean what the consultants do. Not?
Zakir
From: Marilyn Cade <marilynscade@hotmail.com>To: Sam Lanfranco <sam@lanfranco.net>; Phil Corwin <psc@vlaw-dc.com>; Ken Stubbs <kstubbs@afilias.info>; Paul Rosenzweig <paul.rosenzweig@redbranchconsulting.com>; "'Schaefer, Brett'" <brett.schaefer@heritage.org>; 'Xavier J. Calvez' <xavier.calvez@icann.org> Cc: "cwg-stewardship@icann.org" <cwg-stewardship@icann.org>; 'CCWG-Accountability' <accountability-cross-community@icann.org>; "icann-board@icann.org" <icann-board@icann.org>; 'Executive Team' <executive-team@icann.org>; 'COMMS Team' <commsteam@icann.org>; "community-finance@icann.org" <community-finance@icann.org>; 'Finance Staff' <finance-staff@icann.org> Sent: Thursday, July 21, 2016 2:27 AM Subject: Re: [CCWG-ACCT] [community-finance] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
<!--#yiv5210235677 .yiv5210235677hmmessage P{margin:0px;padding:0px;}#yiv5210235677 body.yiv5210235677hmmessage{font-size:12pt;font-family:Calibri;}-->I'd like to stick to the topic we are discussing which is disclosure about 'advisors', and lobbyists, and not venture until the gTLDs contracts. I fear that would become a bog that is too unbounded, with some questioning the marketing plans of different gTLDs, like give aways, etc. So, I ask that as this is the CCWG-ACCT, and the topic is about the amounts paid for consultants specifically working on the IANA transition -- and who they are -- and that they have only ICANN as a client, not also members of ICANN's community on directly related subjects -- we stick to that discussion. All law firms in the US 'clear' conflicts before accepting a new client, and all corporations 'clear' their consultants. While this may be confidential in both these cases, I do agree that a public interest NGO, which is what ICANN is, can best serve itself, and the interest of the broader ICANN community by as much transparency as possible. BUT let's keep it high level and civil in our request for facts and figures. As I like to say: Facts are our friends. Of course, some issues have to be kept confidential. Who the consultants are has been published, what they were paid would add to the transparency. What they do, at a high level, should be published as well. I will say again that I think that the work is probably much needed. I spend a lot of time -- without being paid -- explaining ICANN as I do my other IG work and it is is a worthwhile task and an important one if we are to demystify ICANN to RoW [Rest of World]. I am sure it is all above board, but it has now taken on a sort of taint of 'why not tell'. Let's keep this high level and not make it a hunt for the details, but just get the high level facts, and make that a standard. Will help us all. M Subject: Re: [CCWG-ACCT] [community-finance] IANA Stewardship Transition - Project Expenses - FY16 Q3 update To: psc@vlaw-dc.com; kstubbs@afilias.info; paul.rosenzweig@redbranchconsulting.com; marilynscade@hotmail.com; brett.schaefer@heritage.org; xavier.calvez@icann.org CC: cwg-stewardship@icann.org; accountability-cross-community@icann.org; icann-board@icann.org; executive-team@icann.org; commsteam@icann.org; community-finance@icann.org; finance-staff@icann.org From: sam@lanfranco.net Date: Wed, 20 Jul 2016 12:23:12 -0400
As the non-lawyer economist here I would like to observe that the discussion has honed in on a specific enough question, one that has an ICANN definitive answer, and that it should be put both to the Board and the new CEO for a an answer and clarification. I previously worried that the ICANN DNS contract with .sucks seemed to verge on ICANN exposing itself to the RICO act in the U.S., given the .sucks marketing plan. Maybe I am overly cautious but as a not-for-profit corporation operating in the public interest ICANN is more than obliged to provide clarity here. Silence won't do.
Sam Lanfranco, NPOC/CSIH
On 7/20/2016 12:06 PM, Phil Corwin wrote:
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span.yiv5210235677ecxemailstyle331 {font-family:"Calibri", "sans-serif";color:#1F497D;}#yiv5210235677 .yiv5210235677ExternalClass span.yiv5210235677ecxEmailStyle60 {font-family:"Calibri", "sans-serif";color:windowtext;}#yiv5210235677 .yiv5210235677ExternalClass span.yiv5210235677ecxEmailStyle61 {font-family:"Calibri", "sans-serif";color:windowtext;}#yiv5210235677 .yiv5210235677ExternalClass span.yiv5210235677ecxHTMLPreformattedChar {font-family:Consolas;color:black;}#yiv5210235677 .yiv5210235677ExternalClass span.yiv5210235677ecxEmailStyle64 {font-family:"Calibri", "sans-serif";color:#1F497D;}#yiv5210235677 .yiv5210235677ExternalClass span.yiv5210235677ecxBalloonTextChar {font-family:"Tahoma", "sans-serif";color:black;}#yiv5210235677 .yiv5210235677ExternalClass .yiv5210235677ecxMsoChpDefault {font-size:10.0pt;}#yiv5210235677 .yiv5210235677ExternalClass div.yiv5210235677ecxWordSection1 {}--> If the contract non-disclosure clause indeed violates IRS disclosure requirements then how could ICANN legal agree to it? Philip S. Corwin, Founding Principal Virtualaw LLC 1155 F Street, NW Suite 1050 Washington, DC 20004 202-559-8597/Direct 202-559-8750/Fax 202-255-6172/Cell Twitter: @VlawDC "Luck is the residue of design" -- Branch Rickey From: Ken Stubbs [mailto:kstubbs@afilias.info] Sent: Wednesday, July 20, 2016 11:37 AM To: Paul Rosenzweig; 'Marilyn Cade'; Phil Corwin; 'Schaefer, Brett'; 'Xavier J. Calvez' Cc: cwg-stewardship@icann.org; 'CCWG-Accountability'; icann-board@icann.org; 'Executive Team'; 'COMMS Team'; community-finance@icann.org; 'Finance Staff' Subject: Re: [community-finance] [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update I believe Lori is correct here. IRS requirements on disclosures are usually quite specific here
Ken Stubbs On 7/20/16 10:32, Lori Schulman wrote:
I don’t believe that 501©3 orgs can consider any consulting fees confidential as the top fees are required to be reported on the 990. Lori Lori S. Schulman Senior Director, Internet Policy International Trademark Association (INTA) +1-202-704-0408, Skype: lsschulman From: accountability-cross-community-bounces@icann.org [mailto:accountability-cross-community-bounces@icann.org] On Behalf Of Paul Rosenzweig
Sent: Wednesday, July 20, 2016 10:16 AM
To: 'Marilyn Cade' <marilynscade@hotmail.com>; 'Phil Corwin' <psc@vlaw-dc.com>; 'Schaefer, Brett' <brett.schaefer@heritage.org>; 'Xavier J. Calvez' <xavier.calvez@icann.org>
Cc: cwg-stewardship@icann.org; 'CCWG-Accountability' <accountability-cross-community@icann.org>; icann-board@icann.org; 'Executive Team' <executive-team@icann.org>; 'COMMS Team' <commsteam@icann.org>; community-finance@icann.org; 'Finance Staff' <finance-staff@icann.org>
Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update I agree completely with Marilyn and Phil. I have been on both sides of non-disclosure agreements – both ones requested by me and ones requested by my clients. Typically, a client (in the position of ICANN) may request that a consultant sign an NDA so as to protect the confidentiality of its efforts or its intellectual property. Sometimes a consultant might have a proprietary methodology or process that they are using on behalf of the client that they wish to protect. Neither circumstance applies here that I can see. And in no case that I am aware of has a client ever asked me to keep confidential my fee … I don’t broadcast them, but I’m in the private sector. For ICANN, which is an NGO acting in the global public interest, I cannot see any reason at all why ICANN would want or agree to a confidentiality arrangement as to the size of the fee paid. Xavier – can you tell us what the rationale is? I may be missing something ….. Thanks Paul Paul Rosenzweig paul.rosenzweig@redbranchconsulting.com O: +1 (202) 547-0660 M: +1 (202) 329-9650 VOIP: +1 (202) 738-1739 www.redbranchconsulting.com My PGP Key: http://redbranchconsulting.com/who-we-are/public-pgp-key/ From: accountability-cross-community-bounces@icann.org [mailto:accountability-cross-community-bounces@icann.org] On Behalf Of Marilyn Cade
Sent: Wednesday, July 20, 2016 9:05 AM
To: Phil Corwin <psc@vlaw-dc.com>; Schaefer, Brett <brett.schaefer@heritage.org>; Xavier J. Calvez <xavier.calvez@icann.org>
Cc: cwg-stewardship@icann.org; CCWG-Accountability <accountability-cross-community@icann.org>; icann-board@icann.org; Executive Team <executive-team@icann.org>; COMMS Team <commsteam@icann.org>; community-finance@icann.org; Finance Staff <finance-staff@icann.org>
Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update I support Phil's clarifying explanation. I also think that anyone who is in this category, should have to declare if they re also representing companies in a SO/AC. Or advising governments. In the BC, we do not allow an ICANN consultant to be a BC member, regardless of the amount, but if someone is a backdoor advisor to ICANN and also a group of entities, in a SO/AC, that would not be so obvious, but I think that for integrity sake, of course, any such entity would recuse themselves from advising companies, while also advising ICANN. And I would expect ICANN to disqualify such entities as their consultants. Thanks, Phil, for this useful clarification. M From: psc@vlaw-dc.com
To: Brett.Schaefer@heritage.org; xavier.calvez@icann.org
Date: Wed, 20 Jul 2016 00:48:08 +0000
CC: cwg-stewardship@icann.org; accountability-cross-community@icann.org; icann-board@icann.org; executive-team@icann.org; commsteam@icann.org; community-finance@icann.org; finance-staff@icann.org
Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update In the U.S. much of what used to be done by registered lobbyists is now performed by “strategic advisors” who walk right up to the line of what constitutes lobbying (and maybe a few inches over), and nonetheless facilitate door opening to key members of Congress and the Executive branch, and who “educate” rather than “lobby” members of both branches of government. So while the seven firms may not be engaged in what is considered lobbying under current U.S. law, they are still likely engaged in helping to assure officials outcomes desired by ICANN corporate. It is for that reason – as well as for the exercise of effective oversight over ICANN budgeting and expenditures – that the community should have more data on this. If ICANN is prohibited by its contracts with these firms from disclosing its expenditures that is unfortunate – and in the future I would hope that ICANN would tell any firms being considered for such duties that its own transparency obligations to the community preclude it from agreeing to such restrictions (I’d wager that the majority of the firms would waive confidentiality rather than lose the contract). At a minimum, ICANN should disclose the aggregate amounts spent with these seven firms since they were engaged – surely their contracts don’t bar such aggregate reporting. Philip S. Corwin, Founding Principal Virtualaw LLC 1155 F Street, NW Suite 1050 Washington, DC 20004 202-559-8597/Direct 202-559-8750/Fax 202-255-6172/Cell Twitter: @VlawDC "Luck is the residue of design" -- Branch Rickey From: accountability-cross-community-bounces@icann.org [mailto:accountability-cross-community-bounces@icann.org] On Behalf Of Schaefer, Brett
Sent: Tuesday, July 19, 2016 1:04 PM
To: Xavier J. Calvez
Cc: cwg-stewardship@icann.org; CCWG-Accountability; icann-board@icann.org; Executive Team; COMMS Team; community-finance@icann.org; Finance Staff
Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update Xavier, Are you saying that ICANN’s contracts for Education/Engagement/Advice with (1) Albright Stonebridge Group LLC, (2) Edelman, (3) Interface Media, (4) Rice Hadley Gates LLC, (5) Summit Strategies International LLC, (6) WBC Global, and (7) Wiley Rein LLP each contain confidentiality provisions that prohibit ICANN from disclosing the specific amount paid to each of these individual vendors? Does this only apply to the CCWG and the public or does it also apply to other parts of the ICANN community, specifically the Supporting Organizations and Advisory Committees? Thank you for the link on lobbying disclosures. For those who are interested, here are ICANN’s lobbying expenditures based on the disclosure website of the U.S. Congress. I do have a couple of additional questions. Would this source capture lobbying exclusively directed toward the US Executive Branch? Has ICANN spent any funds during this period lobbying governments other than the US? Thank you, Brett Brett Schaefer
Jay Kingham Senior Research Fellow in International Regulatory Affairs
Margaret Thatcher Center for Freedom Davis Institute for National Security and Foreign Policy
The Heritage Foundation
214 Massachusetts Avenue, NE
Washington, DC 20002
202-608-6097
heritage.org From: Xavier J. Calvez [mailto:xavier.calvez@icann.org]
Sent: Monday, July 18, 2016 6:30 PM
To: Schaefer, Brett
Cc: community-finance@icann.org; cwg-stewardship@icann.org; CCWG-Accountability; Executive Team; COMMS Team; icann-board@icann.org; Finance Staff
Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update Brett, Yes, the information I provided in my latest email had been included in some previous communication. I just wanted to make sure you had a clear visibility on this information, which provides for (i) categories of expenses, (ii) the individual names of the vendors grouped for each category, and (iii) the total value of the expenses for each category. With respect to the contractual obligations of confidentiality in commercial contracts, ICANN is subject to them, like all business organizations. That said, we disclose what we can consistent with standard business confidentiality provisions in vendor contracts. We cannot disclose the specific amount of spend with each vendor but we were able to disclose the names of the service providers engaged. Regarding the lobbying expenses, as you are aware, both organizations that hire lobbyists and firms that lobby on behalf of organizations are required under U.S. federal law to file lobbying disclosure reports. In addition to ICANN’s quarterly lobbying disclosures posted on our website, you can find the amounts ICANN has paid to individual outside lobbying firms at http://disclosures.house.gov/ld/ldsearch.aspx. I hope this helps and clarifies. Thank you. Best, Xavier Xavier Calvez ICANN CFO 12025 Waterfront Drive, Suite 300 Los Angeles, CA 90094 Office : +1 (310) 301 5838 Mobile : +1 (805) 312 0052 Fax : +1 (310) 957-2348 From: "Schaefer, Brett" <Brett.Schaefer@heritage.org>
Date: Thursday, July 14, 2016 at 7:07 AM
To: Xavier Calvez <xavier.calvez@icann.org>
Cc: "community-finance@icann.org" <community-finance@icann.org>, "cwg-stewardship@icann.org" <cwg-stewardship@icann.org>, CCWG-Accountability <accountability-cross-community@icann.org>, Executive Team <executive-team@icann.org>, COMMS Team <commsteam@icann.org>, "icann-board@icann.org" <icann-board@icann.org>, Finance Staff <finance-staff@icann.org>
Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update Xavier, This is pretty much the same information that was provided before. I am asking for a breakdown of how much was paid to each vender in the lobbying category (Akin Gump, etc.) and the education/engagement/advice category (Albright Stoneridge, etc.). Thank you, Brett
On Jul 13, 2016, at 8:13 PM, Xavier J. Calvez <xavier.calvez@icann.org> wrote:
Dear Brett,
In response to your question listed below on 22 June: the detailed information provided on Other professional fees (other than legal fees, detailed in a separate section of the “Transition project cost” expense webpage, on the IANA Stewardship Transition webpage) can be found in the section called “Professional Services – Expenses Breakdown”. Within this section, you will find a link to a document that provides the list of Professional Services (other than legal fees) incurred, by category, with the names of the vendors, and the total amount of expenditures for the category.
This link is copied below and was provided in my first answer to your question. I have also attached the file to which this link refers in case the link would not work for you.
https://www.icann.org/en/system/files/files/iana-stewardship-expenses-profes...
If this not addressing your question, please let me know. Thank you. Best, Xavier Xavier Calvez ICANN CFO 12025 Waterfront Drive, Suite 300 Los Angeles, CA 90094 Office : +1 (310) 301 5838 Mobile : +1 (805) 312 0052 Fax : +1 (310) 957-2348
Brett Schaefer
Jay Kingham Senior Research Fellow in International Regulatory Affairs
Margaret Thatcher Center for Freedom Davis Institute for National Security and Foreign Policy
The Heritage Foundation
214 Massachusetts Avenue, NE
Washington, DC 20002
202-608-6097
heritage.org
From: Xavier Calvez <xavier.calvez@icann.org>
Date: Tuesday, July 12, 2016 at 9:45 AM
To: "Schaefer, Brett" <Brett.Schaefer@heritage.org>, "community-finance@icann.org" <community-finance@icann.org>, "cwg-stewardship@icann.org" <cwg-stewardship@icann.org>, CCWG-Accountability <accountability-cross-community@icann.org>
Cc: Executive Team <executive-team@icann.org>, COMMS Team <commsteam@icann.org>, "icann-board@icann.org" <icann-board@icann.org>, Finance Staff <finance-staff@icann.org>
Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update Brett, Thank you for following up. I will make sure to respond no later than the end of this week. Thank you. Best, Xavier Xavier Calvez ICANN CFO 12025 Waterfront Drive, Suite 300 Los Angeles, CA 90094 Office : +1 (310) 301 5838 Mobile : +1 (805) 312 0052 Fax : +1 (310) 957-2348 From: "Schaefer, Brett" <Brett.Schaefer@heritage.org>
Date: Tuesday, July 12, 2016 at 11:38 AM
To: Xavier Calvez <xavier.calvez@icann.org>, "community-finance@icann.org" <community-finance@icann.org>, "cwg-stewardship@icann.org" <cwg-stewardship@icann.org>, CCWG-Accountability <accountability-cross-community@icann.org>
Cc: Executive Team <executive-team@icann.org>, COMMS Team <commsteam@icann.org>, "icann-board@icann.org" <icann-board@icann.org>, Finance Staff <finance-staff@icann.org>
Subject: RE: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update Xavier, Thanks for promising to get this information to me in Helsinki. Do you have an estimate for when it will be provided? Thanks,
Brett Brett Schaefer
Jay Kingham Senior Research Fellow in International Regulatory Affairs
Margaret Thatcher Center for Freedom Davis Institute for National Security and Foreign Policy
The Heritage Foundation
214 Massachusetts Avenue, NE
Washington, DC 20002
202-608-6097
heritage.org From: Schaefer, Brett
Sent: Wednesday, June 22, 2016 2:39 PM
To: 'Xavier J. Calvez'; community-finance@icann.org; cwg-stewardship@icann.org; CCWG-Accountability
Cc: Executive Team; COMMS Team; icann-board@icann.org; Finance Staff
Subject: RE: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update Xavier, I appreciate the detailed breakdown on the legal fees That is indeed what I was looking for though I would think it useful to have the totals provided in the summary document. However, I did not see similar information for lobbying or education/ engagement/advice in the links provided. In fact, the only specific information that I saw listed is for Jamie Hedlund at $200,000. No information on other individual firms or vendors is listed at all – only the top line budget expenditure in the summary document link originally sent around. Could you provide that information? Thanks, Brett From: Xavier J. Calvez [mailto:xavier.calvez@icann.org]
Sent: Wednesday, June 22, 2016 10:43 AM
To: Schaefer, Brett; community-finance@icann.org; cwg-stewardship@icann.org; CCWG-Accountability
Cc: Executive Team; COMMS Team; icann-board@icann.org; Finance Staff
Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update Dear all, It appears that the first link in my email further below (detail of legal fees by firm) does not resolve correctly. Please use the below instead. https://www.icann.org/en/system/files/files/iana-stewardship-expenses-legal-... Thank you. Best, Xavier Xavier Calvez ICANN CFO 12025 Waterfront Drive, Suite 300 Los Angeles, CA 90094 Office : +1 (310) 301 5838 Mobile : +1 (805) 312 0052 Fax : +1 (310) 957-2348 From: Xavier Calvez <xavier.calvez@icann.org>
Date: Wednesday, June 22, 2016 at 1:01 PM
To: "Schaefer, Brett" <Brett.Schaefer@heritage.org>, "community-finance@icann.org" <community-finance@icann.org>, "cwg-stewardship@icann.org" <cwg-stewardship@icann.org>, CCWG-Accountability <accountability-cross-community@icann.org>
Cc: Executive Team <executive-team@icann.org>, COMMS Team <commsteam@icann.org>, "icann-board@icann.org" <icann-board@icann.org>, Finance Staff <finance-staff@icann.org>
Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update Dear Brett, Thank you for your interest and question. We currently publish the list of all vendors from whom ICANN obtain services in relation to the IANA Stewardship transition. The $$ value of the services received is aggregated by category of expenses, which you mention below (US Government affairs,Education/engagement/advice,…). This presentation is driven by 2 factors: providing clarity as to the type of services received, and abiding by the contractual obligation of confidentiality in force with each of the vendors (resulting from standard business sensitive information). We do publish however the detail of the legal advice, by firm and by working group, on this same page (see for example the link to the report of fees by firm: https://www.icann.org/en/system/files/files/iana-stewardship-expenses-legal-...). You will also find more information relative to ICANN’s lobbying in the following blog published a few months ago. In this blog, you will also find links to the disclosure reports that ICANN makes on lobbying activities. https://www.icann.org/resources/pages/lobbying-disclosures-contributions-201.... Lastly, further information on lobbying appears in ICANN’s form 990 (Schedule C, Part II-B. On page 33/73 of the FY15 form 990 published at the following link): https://www.icann.org/en/system/files/files/fy-2015-form-990-10may16-en.pdf I hope this helps. Please let me know if you have further questions. Thank you. Best, Xavier Xavier Calvez ICANN CFO 12025 Waterfront Drive, Suite 300 Los Angeles, CA 90094 Office : +1 (310) 301 5838 Mobile : +1 (805) 312 0052 Fax : +1 (310) 957-2348 From: "Schaefer, Brett" <Brett.Schaefer@heritage.org>
Date: Tuesday, June 21, 2016 at 9:54 PM
To: Xavier Calvez <xavier.calvez@icann.org>, "community-finance@icann.org" <community-finance@icann.org>, "cwg-stewardship@icann.org" <cwg-stewardship@icann.org>, CCWG-Accountability <accountability-cross-community@icann.org>
Cc: Executive Team <executive-team@icann.org>, COMMS Team <commsteam@icann.org>, "icann-board@icann.org" <icann-board@icann.org>, Finance Staff <finance-staff@icann.org>
Subject: RE: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update Xavier, Thank you. Could you please provide a more detailed breakdown of legal advice, US government affairs, andeducations/engagement/advice? In each category, there are multiple firms/vendors listed (https://www.icann.org/en/system/files/files/iana-stewardship-expenses-profes...). I would appreciate the amount provided to each individual vendor. If it is provided somewhere, I would appreciate you letting me know where to find it. Much appreciated, Brett Brett Schaefer
Jay Kingham Senior Research Fellow in International Regulatory Affairs
Margaret Thatcher Center for Freedom Davis Institute for National Security and Foreign Policy
The Heritage Foundation
214 Massachusetts Avenue, NE
Washington, DC 20002
202-608-6097
heritage.org From: accountability-cross-community-bounces@icann.org [mailto:accountability-cross-community-bounces@icann.org] On Behalf Of Xavier J. Calvez
Sent: Saturday, June 18, 2016 12:10 AM
To: community-finance@icann.org; cwg-stewardship@icann.org; CCWG-Accountability
Cc: Executive Team; COMMS Team; icann-board@icann.org; Finance Staff
Subject: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update Dear all, You find at the link below the updated project’s expenses as of FY16 Q3 (from July 2014 to March 2016). As indicated a few months ago, we have added new detailed information on the staff support with the individual positions, names and percentages of effort over the period. https://www.icann.org/resources/pages/iana-stewardship-project-costs Thank you. Best, Xavier Xavier Calvez ICANN CFO 12025 Waterfront Drive, Suite 300 Los Angeles, CA 90094 Office : +1 (310) 301 5838 Mobile : +1 (805) 312 0052 Fax : +1 (310) 957-2348
<iana-stewardship-expenses-professional-vendor-01jun16-en.pdf>
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Xavier,
Are you planning to answer the questions raised in this thread?
Thanks,
Brett
Brett Schaefer Jay Kingham Senior Research Fellow in International Regulatory Affairs Margaret Thatcher Center for Freedom Davis Institute for National Security and Foreign Policy The Heritage Foundation 214 Massachusetts Avenue, NE Washington, DC 20002 202-608-6097 heritage.org<http://heritage.org/> From: Zakir Syed [mailto:zakirbinrehman@yahoo.com] Sent: Friday, July 22, 2016 4:07 PM To: Marilyn Cade; Sam Lanfranco; Phil Corwin; Ken Stubbs; Paul Rosenzweig; Schaefer, Brett; 'Xavier J. Calvez' Cc: cwg-stewardship@icann.org; 'CCWG-Accountability'; icann-board@icann.org; 'Executive Team'; 'COMMS Team'; community-finance@icann.org; 'Finance Staff' Subject: Re: [CCWG-ACCT] [community-finance] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
This is very useful discussion particularly on this very list. Any idea, how are the consultants/contractors hired by ICANN?. If this is through an RFP/competitive bid thn may be the RFP will have the detail/requirement what is required which in other words will mean what the consultants do. Not?
Zakir
From: Marilyn Cade <marilynscade@hotmail.com<mailto:marilynscade@hotmail.com>> To: Sam Lanfranco <sam@lanfranco.net<mailto:sam@lanfranco.net>>; Phil Corwin <psc@vlaw-dc.com<mailto:psc@vlaw-dc.com>>; Ken Stubbs <kstubbs@afilias.info<mailto:kstubbs@afilias.info>>; Paul Rosenzweig <paul.rosenzweig@redbranchconsulting.com<mailto:paul.rosenzweig@redbranchconsulting.com>>; "'Schaefer, Brett'" <brett.schaefer@heritage.org<mailto:brett.schaefer@heritage.org>>; 'Xavier J. Calvez' <xavier.calvez@icann.org<mailto:xavier.calvez@icann.org>> Cc: "cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>" <cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>>; 'CCWG-Accountability' <accountability-cross-community@icann.org<mailto:accountability-cross-community@icann.org>>; "icann-board@icann.org<mailto:icann-board@icann.org>" <icann-board@icann.org<mailto:icann-board@icann.org>>; 'Executive Team' <executive-team@icann.org<mailto:executive-team@icann.org>>; 'COMMS Team' <commsteam@icann.org<mailto:commsteam@icann.org>>; "community-finance@icann.org<mailto:community-finance@icann.org>" <community-finance@icann.org<mailto:community-finance@icann.org>>; 'Finance Staff' <finance-staff@icann.org<mailto:finance-staff@icann.org>> Sent: Thursday, July 21, 2016 2:27 AM Subject: Re: [CCWG-ACCT] [community-finance] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
I'd like to stick to the topic we are discussing which is disclosure about 'advisors', and lobbyists, and not venture until the gTLDs contracts. I fear that would become a bog that is too unbounded, with some questioning the marketing plans of different gTLDs, like give aways, etc.
So, I ask that as this is the CCWG-ACCT, and the topic is about the amounts paid for consultants specifically working on the IANA transition -- and who they are -- and that they have only ICANN as a client, not also members of ICANN's community on directly related subjects -- we stick to that discussion.
All law firms in the US 'clear' conflicts before accepting a new client, and all corporations 'clear' their consultants. While this may be confidential in both these cases, I do agree that a public interest NGO, which is what ICANN is, can best serve itself, and the interest of the broader ICANN community by as much transparency as possible. BUT let's keep it high level and civil in our request for facts and figures.
As I like to say: Facts are our friends.
Of course, some issues have to be kept confidential.
Who the consultants are has been published, what they were paid would add to the transparency. What they do, at a high level, should be published as well. I will say again that I think that the work is probably much needed. I spend a lot of time -- without being paid -- explaining ICANN as I do my other IG work and it is is a worthwhile task and an important one if we are to demystify ICANN to RoW [Rest of World].
I am sure it is all above board, but it has now taken on a sort of taint of 'why not tell'.
Let's keep this high level and not make it a hunt for the details, but just get the high level facts, and make that a standard.
Will help us all.
M
Subject: Re: [CCWG-ACCT] [community-finance] IANA Stewardship Transition - Project Expenses - FY16 Q3 update To: psc@vlaw-dc.com<mailto:psc@vlaw-dc.com>; kstubbs@afilias.info<mailto:kstubbs@afilias.info>; paul.rosenzweig@redbranchconsulting.com<mailto:paul.rosenzweig@redbranchconsulting.com>; marilynscade@hotmail.com<mailto:marilynscade@hotmail.com>; brett.schaefer@heritage.org<mailto:brett.schaefer@heritage.org>; xavier.calvez@icann.org<mailto:xavier.calvez@icann.org> CC: cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>; accountability-cross-community@icann.org<mailto:accountability-cross-community@icann.org>; icann-board@icann.org<mailto:icann-board@icann.org>; executive-team@icann.org<mailto:executive-team@icann.org>; commsteam@icann.org<mailto:commsteam@icann.org>; community-finance@icann.org<mailto:community-finance@icann.org>; finance-staff@icann.org<mailto:finance-staff@icann.org> From: sam@lanfranco.net<mailto:sam@lanfranco.net> Date: Wed, 20 Jul 2016 12:23:12 -0400
As the non-lawyer economist here I would like to observe that the discussion has honed in on a specific enough question, one that has an ICANN definitive answer, and that it should be put both to the Board and the new CEO for a an answer and clarification. I previously worried that the ICANN DNS contract with .sucks seemed to verge on ICANN exposing itself to the RICO act in the U.S., given the .sucks marketing plan. Maybe I am overly cautious but as a not-for-profit corporation operating in the public interest ICANN is more than obliged to provide clarity here. Silence won't do.
Sam Lanfranco, NPOC/CSIH
On 7/20/2016 12:06 PM, Phil Corwin wrote: If the contract non-disclosure clause indeed violates IRS disclosure requirements then how could ICANN legal agree to it?
Philip S. Corwin, Founding Principal Virtualaw LLC 1155 F Street, NW Suite 1050 Washington, DC 20004 202-559-8597/Direct 202-559-8750/Fax 202-255-6172/Cell
Twitter: @VlawDC
"Luck is the residue of design" -- Branch Rickey
From: Ken Stubbs [mailto:kstubbs@afilias.info] Sent: Wednesday, July 20, 2016 11:37 AM To: Paul Rosenzweig; 'Marilyn Cade'; Phil Corwin; 'Schaefer, Brett'; 'Xavier J. Calvez' Cc: cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>; 'CCWG-Accountability'; icann-board@icann.org<mailto:icann-board@icann.org>; 'Executive Team'; 'COMMS Team'; community-finance@icann.org<mailto:community-finance@icann.org>; 'Finance Staff' Subject: Re: [community-finance] [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
I believe Lori is correct here. IRS requirements on disclosures are usually quite specific here
Ken Stubbs On 7/20/16 10:32, Lori Schulman wrote: I don’t believe that 501©3 orgs can consider any consulting fees confidential as the top fees are required to be reported on the 990.
Lori
Lori S. Schulman Senior Director, Internet Policy International Trademark Association (INTA) +1-202-704-0408, Skype: lsschulman
From: accountability-cross-community-bounces@icann.org<mailto:accountability-cross-community-bounces@icann.org> [mailto:accountability-cross-community-bounces@icann.org] On Behalf Of Paul Rosenzweig Sent: Wednesday, July 20, 2016 10:16 AM To: 'Marilyn Cade' <marilynscade@hotmail.com><mailto:marilynscade@hotmail.com>; 'Phil Corwin' <psc@vlaw-dc.com><mailto:psc@vlaw-dc.com>; 'Schaefer, Brett' <brett.schaefer@heritage.org><mailto:brett.schaefer@heritage.org>; 'Xavier J. Calvez' <xavier.calvez@icann.org><mailto:xavier.calvez@icann.org> Cc: cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>; 'CCWG-Accountability' <accountability-cross-community@icann.org><mailto:accountability-cross-community@icann.org>; icann-board@icann.org<mailto:icann-board@icann.org>; 'Executive Team' <executive-team@icann.org><mailto:executive-team@icann.org>; 'COMMS Team' <commsteam@icann.org><mailto:commsteam@icann.org>; community-finance@icann.org<mailto:community-finance@icann.org>; 'Finance Staff' <finance-staff@icann.org><mailto:finance-staff@icann.org> Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
I agree completely with Marilyn and Phil. I have been on both sides of non-disclosure agreements – both ones requested by me and ones requested by my clients. Typically, a client (in the position of ICANN) may request that a consultant sign an NDA so as to protect the confidentiality of its efforts or its intellectual property. Sometimes a consultant might have a proprietary methodology or process that they are using on behalf of the client that they wish to protect.
Neither circumstance applies here that I can see. And in no case that I am aware of has a client ever asked me to keep confidential my fee … I don’t broadcast them, but I’m in the private sector. For ICANN, which is an NGO acting in the global public interest, I cannot see any reason at all why ICANN would want or agree to a confidentiality arrangement as to the size of the fee paid.
Xavier – can you tell us what the rationale is? I may be missing something …..
Thanks Paul
Paul Rosenzweig paul.rosenzweig@redbranchconsulting.com<mailto:paul.rosenzweig@redbranchconsulting.com> O: +1 (202) 547-0660 M: +1 (202) 329-9650 VOIP: +1 (202) 738-1739 www.redbranchconsulting.com<http://www.redbranchconsulting.com/> My PGP Key: http://redbranchconsulting.com/who-we-are/public-pgp-key/<http://redbranchconsulting.com/who-we-are/public-pgp-key/>
From: accountability-cross-community-bounces@icann.org<mailto:accountability-cross-community-bounces@icann.org> [mailto:accountability-cross-community-bounces@icann.org] On Behalf Of Marilyn Cade Sent: Wednesday, July 20, 2016 9:05 AM To: Phil Corwin <psc@vlaw-dc.com<mailto:psc@vlaw-dc.com>>; Schaefer, Brett <brett.schaefer@heritage.org<mailto:brett.schaefer@heritage.org>>; Xavier J. Calvez <xavier.calvez@icann.org<mailto:xavier.calvez@icann.org>> Cc: cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>; CCWG-Accountability <accountability-cross-community@icann.org<mailto:accountability-cross-community@icann.org>>; icann-board@icann.org<mailto:icann-board@icann.org>; Executive Team <executive-team@icann.org<mailto:executive-team@icann.org>>; COMMS Team <commsteam@icann.org<mailto:commsteam@icann.org>>; community-finance@icann.org<mailto:community-finance@icann.org>; Finance Staff <finance-staff@icann.org<mailto:finance-staff@icann.org>> Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
I support Phil's clarifying explanation.
I also think that anyone who is in this category, should have to declare if they re also representing companies in a SO/AC.
Or advising governments.
In the BC, we do not allow an ICANN consultant to be a BC member, regardless of the amount, but if someone is a backdoor advisor to ICANN and also a group of entities, in a SO/AC, that would not be so obvious, but I think that for integrity sake, of course, any such entity would recuse themselves from advising companies, while also advising ICANN.
And I would expect ICANN to disqualify such entities as their consultants.
Thanks, Phil, for this useful clarification.
M
From: psc@vlaw-dc.com<mailto:psc@vlaw-dc.com> To: Brett.Schaefer@heritage.org<mailto:Brett.Schaefer@heritage.org>; xavier.calvez@icann.org<mailto:xavier.calvez@icann.org> Date: Wed, 20 Jul 2016 00:48:08 +0000 CC: cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>; accountability-cross-community@icann.org<mailto:accountability-cross-community@icann.org>; icann-board@icann.org<mailto:icann-board@icann.org>; executive-team@icann.org<mailto:executive-team@icann.org>; commsteam@icann.org<mailto:commsteam@icann.org>; community-finance@icann.org<mailto:community-finance@icann.org>; finance-staff@icann.org<mailto:finance-staff@icann.org> Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update In the U.S. much of what used to be done by registered lobbyists is now performed by “strategic advisors” who walk right up to the line of what constitutes lobbying (and maybe a few inches over), and nonetheless facilitate door opening to key members of Congress and the Executive branch, and who “educate” rather than “lobby” members of both branches of government. So while the seven firms may not be engaged in what is considered lobbying under current U.S. law, they are still likely engaged in helping to assure officials outcomes desired by ICANN corporate.
It is for that reason – as well as for the exercise of effective oversight over ICANN budgeting and expenditures – that the community should have more data on this. If ICANN is prohibited by its contracts with these firms from disclosing its expenditures that is unfortunate – and in the future I would hope that ICANN would tell any firms being considered for such duties that its own transparency obligations to the community preclude it from agreeing to such restrictions (I’d wager that the majority of the firms would waive confidentiality rather than lose the contract).
At a minimum, ICANN should disclose the aggregate amounts spent with these seven firms since they were engaged – surely their contracts don’t bar such aggregate reporting.
Philip S. Corwin, Founding Principal Virtualaw LLC 1155 F Street, NW Suite 1050 Washington, DC 20004 202-559-8597/Direct 202-559-8750/Fax 202-255-6172/Cell
Twitter: @VlawDC
"Luck is the residue of design" -- Branch Rickey
From: accountability-cross-community-bounces@icann.org<mailto:accountability-cross-community-bounces@icann.org> [mailto:accountability-cross-community-bounces@icann.org] On Behalf Of Schaefer, Brett Sent: Tuesday, July 19, 2016 1:04 PM To: Xavier J. Calvez Cc: cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>; CCWG-Accountability; icann-board@icann.org<mailto:icann-board@icann.org>; Executive Team; COMMS Team; community-finance@icann.org<mailto:community-finance@icann.org>; Finance Staff Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Xavier,
Are you saying that ICANN’s contracts for Education/Engagement/Advice with (1) Albright Stonebridge Group LLC, (2) Edelman, (3) Interface Media, (4) Rice Hadley Gates LLC, (5) Summit Strategies International LLC, (6) WBC Global, and (7) Wiley Rein LLP each contain confidentiality provisions that prohibit ICANN from disclosing the specific amount paid to each of these individual vendors?
Does this only apply to the CCWG and the public or does it also apply to other parts of the ICANN community, specifically the Supporting Organizations and Advisory Committees?
Thank you for the link on lobbying disclosures. For those who are interested, here are ICANN’s lobbying expenditures based on the disclosure website of the U.S. Congress.
[cid:image001.png@01D1E680.EFF79E80]
I do have a couple of additional questions. Would this source capture lobbying exclusively directed toward the US Executive Branch? Has ICANN spent any funds during this period lobbying governments other than the US?
Thank you,
Brett
Brett Schaefer Jay Kingham Senior Research Fellow in International Regulatory Affairs Margaret Thatcher Center for Freedom Davis Institute for National Security and Foreign Policy The Heritage Foundation 214 Massachusetts Avenue, NE Washington, DC 20002 202-608-6097 heritage.org<http://heritage.org/> From: Xavier J. Calvez [mailto:xavier.calvez@icann.org] Sent: Monday, July 18, 2016 6:30 PM To: Schaefer, Brett Cc: community-finance@icann.org<mailto:community-finance@icann.org>; cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>; CCWG-Accountability; Executive Team; COMMS Team; icann-board@icann.org<mailto:icann-board@icann.org>; Finance Staff Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Brett, Yes, the information I provided in my latest email had been included in some previous communication. I just wanted to make sure you had a clear visibility on this information, which provides for (i) categories of expenses, (ii) the individual names of the vendors grouped for each category, and (iii) the total value of the expenses for each category. With respect to the contractual obligations of confidentiality in commercial contracts, ICANN is subject to them, like all business organizations. That said, we disclose what we can consistent with standard business confidentiality provisions in vendor contracts. We cannot disclose the specific amount of spend with each vendor but we were able to disclose the names of the service providers engaged. Regarding the lobbying expenses, as you are aware, both organizations that hire lobbyists and firms that lobby on behalf of organizations are required under U.S. federal law to file lobbying disclosure reports. In addition to ICANN’s quarterly lobbying disclosures posted on our website, you can find the amounts ICANN has paid to individual outside lobbying firms at http://disclosures.house.gov/ld/ldsearch.aspx<http://disclosures.house.gov/ld/ldsearch.aspx>. I hope this helps and clarifies.
Thank you.
Best, Xavier
Xavier Calvez ICANN CFO 12025 Waterfront Drive, Suite 300 Los Angeles, CA 90094 Office : +1 (310) 301 5838 Mobile : +1 (805) 312 0052 Fax : +1 (310) 957-2348
From: "Schaefer, Brett" <Brett.Schaefer@heritage.org<mailto:Brett.Schaefer@heritage.org>> Date: Thursday, July 14, 2016 at 7:07 AM To: Xavier Calvez <xavier.calvez@icann.org<mailto:xavier.calvez@icann.org>> Cc: "community-finance@icann.org<mailto:community-finance@icann.org>" <community-finance@icann.org<mailto:community-finance@icann.org>>, "cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>" <cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>>, CCWG-Accountability <accountability-cross-community@icann.org<mailto:accountability-cross-community@icann.org>>, Executive Team <executive-team@icann.org<mailto:executive-team@icann.org>>, COMMS Team <commsteam@icann.org<mailto:commsteam@icann.org>>, "icann-board@icann.org<mailto:icann-board@icann.org>" <icann-board@icann.org<mailto:icann-board@icann.org>>, Finance Staff <finance-staff@icann.org<mailto:finance-staff@icann.org>> Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Xavier,
This is pretty much the same information that was provided before. I am asking for a breakdown of how much was paid to each vender in the lobbying category (Akin Gump, etc.) and the education/engagement/advice category (Albright Stoneridge, etc.).
Thank you,
Brett
On Jul 13, 2016, at 8:13 PM, Xavier J. Calvez <xavier.calvez@icann.org<mailto:xavier.calvez@icann.org>> wrote: Dear Brett, In response to your question listed below on 22 June: the detailed information provided on Other professional fees (other than legal fees, detailed in a separate section of the “Transition project cost” expense webpage, on the IANA Stewardship Transition webpage) can be found in the section called “Professional Services – Expenses Breakdown”. Within this section, you will find a link to a document that provides the list of Professional Services (other than legal fees) incurred, by category, with the names of the vendors, and the total amount of expenditures for the category. This link is copied below and was provided in my first answer to your question. I have also attached the file to which this link refers in case the link would not work for you. https://www.icann.org/en/system/files/files/iana-stewardship-expenses-professional-vendor-01jun16-en.pdf<https://www.icann.org/en/system/files/files/iana-stewardship-expenses-professional-vendor-01jun16-en.pdf> If this not addressing your question, please let me know.
Thank you.
Best, Xavier
Xavier Calvez ICANN CFO 12025 Waterfront Drive, Suite 300 Los Angeles, CA 90094 Office : +1 (310) 301 5838 Mobile : +1 (805) 312 0052 Fax : +1 (310) 957-2348
Brett Schaefer Jay Kingham Senior Research Fellow in International Regulatory Affairs Margaret Thatcher Center for Freedom Davis Institute for National Security and Foreign Policy The Heritage Foundation 214 Massachusetts Avenue, NE Washington, DC 20002 202-608-6097 heritage.org<http://heritage.org/> From: Xavier Calvez <xavier.calvez@icann.org<mailto:xavier.calvez@icann.org>> Date: Tuesday, July 12, 2016 at 9:45 AM To: "Schaefer, Brett" <Brett.Schaefer@heritage.org<mailto:Brett.Schaefer@heritage.org>>, "community-finance@icann.org<mailto:community-finance@icann.org>" <community-finance@icann.org<mailto:community-finance@icann.org>>, "cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>" <cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>>, CCWG-Accountability <accountability-cross-community@icann.org<mailto:accountability-cross-community@icann.org>> Cc: Executive Team <executive-team@icann.org<mailto:executive-team@icann.org>>, COMMS Team <commsteam@icann.org<mailto:commsteam@icann.org>>, "icann-board@icann.org<mailto:icann-board@icann.org>" <icann-board@icann.org<mailto:icann-board@icann.org>>, Finance Staff <finance-staff@icann.org<mailto:finance-staff@icann.org>> Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Brett, Thank you for following up. I will make sure to respond no later than the end of this week.
Thank you.
Best, Xavier
Xavier Calvez ICANN CFO 12025 Waterfront Drive, Suite 300 Los Angeles, CA 90094 Office : +1 (310) 301 5838 Mobile : +1 (805) 312 0052 Fax : +1 (310) 957-2348
From: "Schaefer, Brett" <Brett.Schaefer@heritage.org<mailto:Brett.Schaefer@heritage.org>> Date: Tuesday, July 12, 2016 at 11:38 AM To: Xavier Calvez <xavier.calvez@icann.org<mailto:xavier.calvez@icann.org>>, "community-finance@icann.org<mailto:community-finance@icann.org>" <community-finance@icann.org<mailto:community-finance@icann.org>>, "cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>" <cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>>, CCWG-Accountability <accountability-cross-community@icann.org<mailto:accountability-cross-community@icann.org>> Cc: Executive Team <executive-team@icann.org<mailto:executive-team@icann.org>>, COMMS Team <commsteam@icann.org<mailto:commsteam@icann.org>>, "icann-board@icann.org<mailto:icann-board@icann.org>" <icann-board@icann.org<mailto:icann-board@icann.org>>, Finance Staff <finance-staff@icann.org<mailto:finance-staff@icann.org>> Subject: RE: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Xavier,
Thanks for promising to get this information to me in Helsinki. Do you have an estimate for when it will be provided?
Thanks,
Brett
Brett Schaefer Jay Kingham Senior Research Fellow in International Regulatory Affairs Margaret Thatcher Center for Freedom Davis Institute for National Security and Foreign Policy The Heritage Foundation 214 Massachusetts Avenue, NE Washington, DC 20002 202-608-6097 heritage.org<http://heritage.org/> From: Schaefer, Brett Sent: Wednesday, June 22, 2016 2:39 PM To: 'Xavier J. Calvez'; community-finance@icann.org<mailto:community-finance@icann.org>; cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>; CCWG-Accountability Cc: Executive Team; COMMS Team; icann-board@icann.org<mailto:icann-board@icann.org>; Finance Staff Subject: RE: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Xavier,
I appreciate the detailed breakdown on the legal fees That is indeed what I was looking for though I would think it useful to have the totals provided in the summary document.
However, I did not see similar information for lobbying or education/ engagement/advice in the links provided. In fact, the only specific information that I saw listed is for Jamie Hedlund at $200,000. No information on other individual firms or vendors is listed at all – only the top line budget expenditure in the summary document link originally sent around.
Could you provide that information?
Thanks,
Brett
From: Xavier J. Calvez [mailto:xavier.calvez@icann.org] Sent: Wednesday, June 22, 2016 10:43 AM To: Schaefer, Brett; community-finance@icann.org<mailto:community-finance@icann.org>; cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>; CCWG-Accountability Cc: Executive Team; COMMS Team; icann-board@icann.org<mailto:icann-board@icann.org>; Finance Staff Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Dear all, It appears that the first link in my email further below (detail of legal fees by firm) does not resolve correctly. Please use the below instead. https://www.icann.org/en/system/files/files/iana-stewardship-expenses-legal-firm-fy16-01jun16-en.pdf<https://www.icann.org/en/system/files/files/iana-stewardship-expenses-legal-firm-fy16-01jun16-en.pdf>
Thank you.
Best, Xavier
Xavier Calvez ICANN CFO 12025 Waterfront Drive, Suite 300 Los Angeles, CA 90094 Office : +1 (310) 301 5838 Mobile : +1 (805) 312 0052 Fax : +1 (310) 957-2348
From: Xavier Calvez <xavier.calvez@icann.org<mailto:xavier.calvez@icann.org>> Date: Wednesday, June 22, 2016 at 1:01 PM To: "Schaefer, Brett" <Brett.Schaefer@heritage.org<mailto:Brett.Schaefer@heritage.org>>, "community-finance@icann.org<mailto:community-finance@icann.org>" <community-finance@icann.org<mailto:community-finance@icann.org>>, "cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>" <cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>>, CCWG-Accountability <accountability-cross-community@icann.org<mailto:accountability-cross-community@icann.org>> Cc: Executive Team <executive-team@icann.org<mailto:executive-team@icann.org>>, COMMS Team <commsteam@icann.org<mailto:commsteam@icann.org>>, "icann-board@icann.org<mailto:icann-board@icann.org>" <icann-board@icann.org<mailto:icann-board@icann.org>>, Finance Staff <finance-staff@icann.org<mailto:finance-staff@icann.org>> Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Dear Brett, Thank you for your interest and question. We currently publish the list of all vendors from whom ICANN obtain services in relation to the IANA Stewardship transition. The $$ value of the services received is aggregated by category of expenses, which you mention below (US Government affairs, Education/engagement/advice,…). This presentation is driven by 2 factors: providing clarity as to the type of services received, and abiding by the contractual obligation of confidentiality in force with each of the vendors (resulting from standard business sensitive information). We do publish however the detail of the legal advice, by firm and by working group, on this same page (see for example the link to the report of fees by firm: https://www.icann.org/en/system/files/files/iana-stewardship-expenses-legal-firm-fy16-01jun16-en.pdf)<https://www.icann.org/en/system/files/files/iana-stewardship-expenses-legal-firm-fy16-01jun16-en.pdf%29>. You will also find more information relative to ICANN’s lobbying in the following blog published a few months ago. In this blog, you will also find links to the disclosure reports that ICANN makes on lobbying activities. https://www.icann.org/resources/pages/lobbying-disclosures-contributions-2015-11-18-en<https://www.icann.org/resources/pages/lobbying-disclosures-contributions-2015-11-18-en>. Lastly, further information on lobbying appears in ICANN’s form 990 (Schedule C, Part II-B. On page 33/73 of the FY15 form 990 published at the following link): https://www.icann.org/en/system/files/files/fy-2015-form-990-10may16-en.pdf<https://www.icann.org/en/system/files/files/fy-2015-form-990-10may16-en.pdf> I hope this helps. Please let me know if you have further questions.
Thank you.
Best, Xavier
Xavier Calvez ICANN CFO 12025 Waterfront Drive, Suite 300 Los Angeles, CA 90094 Office : +1 (310) 301 5838 Mobile : +1 (805) 312 0052 Fax : +1 (310) 957-2348
From: "Schaefer, Brett" <Brett.Schaefer@heritage.org<mailto:Brett.Schaefer@heritage.org>> Date: Tuesday, June 21, 2016 at 9:54 PM To: Xavier Calvez <xavier.calvez@icann.org<mailto:xavier.calvez@icann.org>>, "community-finance@icann.org<mailto:community-finance@icann.org>" <community-finance@icann.org<mailto:community-finance@icann.org>>, "cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>" <cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>>, CCWG-Accountability <accountability-cross-community@icann.org<mailto:accountability-cross-community@icann.org>> Cc: Executive Team <executive-team@icann.org<mailto:executive-team@icann.org>>, COMMS Team <commsteam@icann.org<mailto:commsteam@icann.org>>, "icann-board@icann.org<mailto:icann-board@icann.org>" <icann-board@icann.org<mailto:icann-board@icann.org>>, Finance Staff <finance-staff@icann.org<mailto:finance-staff@icann.org>> Subject: RE: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Xavier,
Thank you. Could you please provide a more detailed breakdown of legal advice, US government affairs, and educations/engagement/advice? In each category, there are multiple firms/vendors listed (https://www.icann.org/en/system/files/files/iana-stewardship-expenses-professional-vendor-01jun16-en.pdf<https://www.icann.org/en/system/files/files/iana-stewardship-expenses-professional-vendor-01jun16-en.pdf>). I would appreciate the amount provided to each individual vendor. If it is provided somewhere, I would appreciate you letting me know where to find it.
Much appreciated,
Brett
Brett Schaefer Jay Kingham Senior Research Fellow in International Regulatory Affairs Margaret Thatcher Center for Freedom Davis Institute for National Security and Foreign Policy The Heritage Foundation 214 Massachusetts Avenue, NE Washington, DC 20002 202-608-6097 heritage.org<http://heritage.org/> From: accountability-cross-community-bounces@icann.org<mailto:accountability-cross-community-bounces@icann.org> [mailto:accountability-cross-community-bounces@icann.org] On Behalf Of Xavier J. Calvez Sent: Saturday, June 18, 2016 12:10 AM To: community-finance@icann.org<mailto:community-finance@icann.org>; cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>; CCWG-Accountability Cc: Executive Team; COMMS Team; icann-board@icann.org<mailto:icann-board@icann.org>; Finance Staff Subject: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Dear all, You find at the link below the updated project’s expenses as of FY16 Q3 (from July 2014 to March 2016). As indicated a few months ago, we have added new detailed information on the staff support with the individual positions, names and percentages of effort over the period.
Thank you.
Best, Xavier
Xavier Calvez ICANN CFO 12025 Waterfront Drive, Suite 300 Los Angeles, CA 90094 Office : +1 (310) 301 5838 Mobile : +1 (805) 312 0052 Fax : +1 (310) 957-2348
<iana-stewardship-expenses-professional-vendor-01jun16-en.pdf>
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Dear Brett,
I believe Xavier is on medical leave as he will be having surgery. I don't have more details but I'm sure Xavier will come back to is with answers as soon as he recovers.
Best regards,
León
El jul 25, 2016, a las 1:29 PM, Schaefer, Brett <Brett.Schaefer@heritage.org> escribió:
Xavier,
Are you planning to answer the questions raised in this thread?
Thanks,
Brett
Brett Schaefer Jay Kingham Senior Research Fellow in International Regulatory Affairs Margaret Thatcher Center for Freedom Davis Institute for National Security and Foreign Policy The Heritage Foundation 214 Massachusetts Avenue, NE Washington, DC 20002 202-608-6097 heritage.org From: Zakir Syed [mailto:zakirbinrehman@yahoo.com] Sent: Friday, July 22, 2016 4:07 PM To: Marilyn Cade; Sam Lanfranco; Phil Corwin; Ken Stubbs; Paul Rosenzweig; Schaefer, Brett; 'Xavier J. Calvez' Cc: cwg-stewardship@icann.org; 'CCWG-Accountability'; icann-board@icann.org; 'Executive Team'; 'COMMS Team'; community-finance@icann.org; 'Finance Staff' Subject: Re: [CCWG-ACCT] [community-finance] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
This is very useful discussion particularly on this very list. Any idea, how are the consultants/contractors hired by ICANN?. If this is through an RFP/competitive bid thn may be the RFP will have the detail/requirement what is required which in other words will mean what the consultants do. Not?
Zakir
From: Marilyn Cade <marilynscade@hotmail.com> To: Sam Lanfranco <sam@lanfranco.net>; Phil Corwin <psc@vlaw-dc.com>; Ken Stubbs <kstubbs@afilias.info>; Paul Rosenzweig <paul.rosenzweig@redbranchconsulting.com>; "'Schaefer, Brett'" <brett.schaefer@heritage.org>; 'Xavier J. Calvez' <xavier.calvez@icann.org> Cc: "cwg-stewardship@icann.org" <cwg-stewardship@icann.org>; 'CCWG-Accountability' <accountability-cross-community@icann.org>; "icann-board@icann.org" <icann-board@icann.org>; 'Executive Team' <executive-team@icann.org>; 'COMMS Team' <commsteam@icann.org>; "community-finance@icann.org" <community-finance@icann.org>; 'Finance Staff' <finance-staff@icann.org> Sent: Thursday, July 21, 2016 2:27 AM Subject: Re: [CCWG-ACCT] [community-finance] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
I'd like to stick to the topic we are discussing which is disclosure about 'advisors', and lobbyists, and not venture until the gTLDs contracts. I fear that would become a bog that is too unbounded, with some questioning the marketing plans of different gTLDs, like give aways, etc.
So, I ask that as this is the CCWG-ACCT, and the topic is about the amounts paid for consultants specifically working on the IANA transition -- and who they are -- and that they have only ICANN as a client, not also members of ICANN's community on directly related subjects -- we stick to that discussion.
All law firms in the US 'clear' conflicts before accepting a new client, and all corporations 'clear' their consultants. While this may be confidential in both these cases, I do agree that a public interest NGO, which is what ICANN is, can best serve itself, and the interest of the broader ICANN community by as much transparency as possible. BUT let's keep it high level and civil in our request for facts and figures.
As I like to say: Facts are our friends.
Of course, some issues have to be kept confidential.
Who the consultants are has been published, what they were paid would add to the transparency. What they do, at a high level, should be published as well. I will say again that I think that the work is probably much needed. I spend a lot of time -- without being paid -- explaining ICANN as I do my other IG work and it is is a worthwhile task and an important one if we are to demystify ICANN to RoW [Rest of World].
I am sure it is all above board, but it has now taken on a sort of taint of 'why not tell'.
Let's keep this high level and not make it a hunt for the details, but just get the high level facts, and make that a standard.
Will help us all.
M
Subject: Re: [CCWG-ACCT] [community-finance] IANA Stewardship Transition - Project Expenses - FY16 Q3 update To: psc@vlaw-dc.com; kstubbs@afilias.info; paul.rosenzweig@redbranchconsulting.com; marilynscade@hotmail.com; brett.schaefer@heritage.org; xavier.calvez@icann.org CC: cwg-stewardship@icann.org; accountability-cross-community@icann.org; icann-board@icann.org; executive-team@icann.org; commsteam@icann.org; community-finance@icann.org; finance-staff@icann.org From: sam@lanfranco.net Date: Wed, 20 Jul 2016 12:23:12 -0400
As the non-lawyer economist here I would like to observe that the discussion has honed in on a specific enough question, one that has an ICANN definitive answer, and that it should be put both to the Board and the new CEO for a an answer and clarification. I previously worried that the ICANN DNS contract with .sucks seemed to verge on ICANN exposing itself to the RICO act in the U.S., given the .sucks marketing plan. Maybe I am overly cautious but as a not-for-profit corporation operating in the public interest ICANN is more than obliged to provide clarity here. Silence won't do.
Sam Lanfranco, NPOC/CSIH
On 7/20/2016 12:06 PM, Phil Corwin wrote: If the contract non-disclosure clause indeed violates IRS disclosure requirements then how could ICANN legal agree to it?
Philip S. Corwin, Founding Principal Virtualaw LLC 1155 F Street, NW Suite 1050 Washington, DC 20004 202-559-8597/Direct 202-559-8750/Fax 202-255-6172/Cell
Twitter: @VlawDC
"Luck is the residue of design" -- Branch Rickey
From: Ken Stubbs [mailto:kstubbs@afilias.info] Sent: Wednesday, July 20, 2016 11:37 AM To: Paul Rosenzweig; 'Marilyn Cade'; Phil Corwin; 'Schaefer, Brett'; 'Xavier J. Calvez' Cc: cwg-stewardship@icann.org; 'CCWG-Accountability'; icann-board@icann.org; 'Executive Team'; 'COMMS Team'; community-finance@icann.org; 'Finance Staff' Subject: Re: [community-finance] [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
I believe Lori is correct here. IRS requirements on disclosures are usually quite specific here
Ken Stubbs On 7/20/16 10:32, Lori Schulman wrote: I don’t believe that 501©3 orgs can consider any consulting fees confidential as the top fees are required to be reported on the 990.
Lori
Lori S. Schulman Senior Director, Internet Policy International Trademark Association (INTA) +1-202-704-0408, Skype: lsschulman
From: accountability-cross-community-bounces@icann.org [mailto:accountability-cross-community-bounces@icann.org] On Behalf Of Paul Rosenzweig Sent: Wednesday, July 20, 2016 10:16 AM To: 'Marilyn Cade' <marilynscade@hotmail.com>; 'Phil Corwin' <psc@vlaw-dc.com>; 'Schaefer, Brett' <brett.schaefer@heritage.org>; 'Xavier J. Calvez' <xavier.calvez@icann.org> Cc: cwg-stewardship@icann.org; 'CCWG-Accountability' <accountability-cross-community@icann.org>; icann-board@icann.org; 'Executive Team' <executive-team@icann.org>; 'COMMS Team' <commsteam@icann.org>; community-finance@icann.org; 'Finance Staff' <finance-staff@icann.org> Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
I agree completely with Marilyn and Phil. I have been on both sides of non-disclosure agreements – both ones requested by me and ones requested by my clients. Typically, a client (in the position of ICANN) may request that a consultant sign an NDA so as to protect the confidentiality of its efforts or its intellectual property. Sometimes a consultant might have a proprietary methodology or process that they are using on behalf of the client that they wish to protect.
Neither circumstance applies here that I can see. And in no case that I am aware of has a client ever asked me to keep confidential my fee … I don’t broadcast them, but I’m in the private sector. For ICANN, which is an NGO acting in the global public interest, I cannot see any reason at all why ICANN would want or agree to a confidentiality arrangement as to the size of the fee paid.
Xavier – can you tell us what the rationale is? I may be missing something …..
Thanks Paul
Paul Rosenzweig paul.rosenzweig@redbranchconsulting.com O: +1 (202) 547-0660 M: +1 (202) 329-9650 VOIP: +1 (202) 738-1739 www.redbranchconsulting.com My PGP Key: http://redbranchconsulting.com/who-we-are/public-pgp-key/
From: accountability-cross-community-bounces@icann.org [mailto:accountability-cross-community-bounces@icann.org] On Behalf Of Marilyn Cade Sent: Wednesday, July 20, 2016 9:05 AM To: Phil Corwin <psc@vlaw-dc.com>; Schaefer, Brett <brett.schaefer@heritage.org>; Xavier J. Calvez <xavier.calvez@icann.org> Cc: cwg-stewardship@icann.org; CCWG-Accountability <accountability-cross-community@icann.org>; icann-board@icann.org; Executive Team <executive-team@icann.org>; COMMS Team <commsteam@icann.org>; community-finance@icann.org; Finance Staff <finance-staff@icann.org> Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
I support Phil's clarifying explanation.
I also think that anyone who is in this category, should have to declare if they re also representing companies in a SO/AC.
Or advising governments.
In the BC, we do not allow an ICANN consultant to be a BC member, regardless of the amount, but if someone is a backdoor advisor to ICANN and also a group of entities, in a SO/AC, that would not be so obvious, but I think that for integrity sake, of course, any such entity would recuse themselves from advising companies, while also advising ICANN.
And I would expect ICANN to disqualify such entities as their consultants.
Thanks, Phil, for this useful clarification.
M
From: psc@vlaw-dc.com To: Brett.Schaefer@heritage.org; xavier.calvez@icann.org Date: Wed, 20 Jul 2016 00:48:08 +0000 CC: cwg-stewardship@icann.org; accountability-cross-community@icann.org; icann-board@icann.org; executive-team@icann.org; commsteam@icann.org; community-finance@icann.org; finance-staff@icann.org Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update In the U.S. much of what used to be done by registered lobbyists is now performed by “strategic advisors” who walk right up to the line of what constitutes lobbying (and maybe a few inches over), and nonetheless facilitate door opening to key members of Congress and the Executive branch, and who “educate” rather than “lobby” members of both branches of government. So while the seven firms may not be engaged in what is considered lobbying under current U.S. law, they are still likely engaged in helping to assure officials outcomes desired by ICANN corporate.
It is for that reason – as well as for the exercise of effective oversight over ICANN budgeting and expenditures – that the community should have more data on this. If ICANN is prohibited by its contracts with these firms from disclosing its expenditures that is unfortunate – and in the future I would hope that ICANN would tell any firms being considered for such duties that its own transparency obligations to the community preclude it from agreeing to such restrictions (I’d wager that the majority of the firms would waive confidentiality rather than lose the contract).
At a minimum, ICANN should disclose the aggregate amounts spent with these seven firms since they were engaged – surely their contracts don’t bar such aggregate reporting.
Philip S. Corwin, Founding Principal Virtualaw LLC 1155 F Street, NW Suite 1050 Washington, DC 20004 202-559-8597/Direct 202-559-8750/Fax 202-255-6172/Cell
Twitter: @VlawDC
"Luck is the residue of design" -- Branch Rickey
From: accountability-cross-community-bounces@icann.org [mailto:accountability-cross-community-bounces@icann.org] On Behalf Of Schaefer, Brett Sent: Tuesday, July 19, 2016 1:04 PM To: Xavier J. Calvez Cc: cwg-stewardship@icann.org; CCWG-Accountability; icann-board@icann.org; Executive Team; COMMS Team; community-finance@icann.org; Finance Staff Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Xavier,
Are you saying that ICANN’s contracts for Education/Engagement/Advice with (1) Albright Stonebridge Group LLC, (2) Edelman, (3) Interface Media, (4) Rice Hadley Gates LLC, (5) Summit Strategies International LLC, (6) WBC Global, and (7) Wiley Rein LLP each contain confidentiality provisions that prohibit ICANN from disclosing the specific amount paid to each of these individual vendors?
Does this only apply to the CCWG and the public or does it also apply to other parts of the ICANN community, specifically the Supporting Organizations and Advisory Committees?
Thank you for the link on lobbying disclosures. For those who are interested, here are ICANN’s lobbying expenditures based on the disclosure website of the U.S. Congress.
<image001.png>
I do have a couple of additional questions. Would this source capture lobbying exclusively directed toward the US Executive Branch? Has ICANN spent any funds during this period lobbying governments other than the US?
Thank you,
Brett
Brett Schaefer Jay Kingham Senior Research Fellow in International Regulatory Affairs Margaret Thatcher Center for Freedom Davis Institute for National Security and Foreign Policy The Heritage Foundation 214 Massachusetts Avenue, NE Washington, DC 20002 202-608-6097 heritage.org From: Xavier J. Calvez [mailto:xavier.calvez@icann.org] Sent: Monday, July 18, 2016 6:30 PM To: Schaefer, Brett Cc: community-finance@icann.org; cwg-stewardship@icann.org; CCWG-Accountability; Executive Team; COMMS Team; icann-board@icann.org; Finance Staff Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Brett, Yes, the information I provided in my latest email had been included in some previous communication. I just wanted to make sure you had a clear visibility on this information, which provides for (i) categories of expenses, (ii) the individual names of the vendors grouped for each category, and (iii) the total value of the expenses for each category. With respect to the contractual obligations of confidentiality in commercial contracts, ICANN is subject to them, like all business organizations. That said, we disclose what we can consistent with standard business confidentiality provisions in vendor contracts. We cannot disclose the specific amount of spend with each vendor but we were able to disclose the names of the service providers engaged. Regarding the lobbying expenses, as you are aware, both organizations that hire lobbyists and firms that lobby on behalf of organizations are required under U.S. federal law to file lobbying disclosure reports. In addition to ICANN’s quarterly lobbying disclosures posted on our website, you can find the amounts ICANN has paid to individual outside lobbying firms at http://disclosures.house.gov/ld/ldsearch.aspx. I hope this helps and clarifies.
Thank you.
Best, Xavier
Xavier Calvez ICANN CFO 12025 Waterfront Drive, Suite 300 Los Angeles, CA 90094 Office : +1 (310) 301 5838 Mobile : +1 (805) 312 0052 Fax : +1 (310) 957-2348
From: "Schaefer, Brett" <Brett.Schaefer@heritage.org> Date: Thursday, July 14, 2016 at 7:07 AM To: Xavier Calvez <xavier.calvez@icann.org> Cc: "community-finance@icann.org" <community-finance@icann.org>, "cwg-stewardship@icann.org" <cwg-stewardship@icann.org>, CCWG-Accountability <accountability-cross-community@icann.org>, Executive Team <executive-team@icann.org>, COMMS Team <commsteam@icann.org>, "icann-board@icann.org" <icann-board@icann.org>, Finance Staff <finance-staff@icann.org> Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Xavier,
This is pretty much the same information that was provided before. I am asking for a breakdown of how much was paid to each vender in the lobbying category (Akin Gump, etc.) and the education/engagement/advice category (Albright Stoneridge, etc.).
Thank you,
Brett
On Jul 13, 2016, at 8:13 PM, Xavier J. Calvez <xavier.calvez@icann.org> wrote: Dear Brett, In response to your question listed below on 22 June: the detailed information provided on Other professional fees (other than legal fees, detailed in a separate section of the “Transition project cost” expense webpage, on the IANA Stewardship Transition webpage) can be found in the section called “Professional Services – Expenses Breakdown”. Within this section, you will find a link to a document that provides the list of Professional Services (other than legal fees) incurred, by category, with the names of the vendors, and the total amount of expenditures for the category.
This link is copied below and was provided in my first answer to your question. I have also attached the file to which this link refers in case the link would not work for you.
https://www.icann.org/en/system/files/files/iana-stewardship-expenses-profes...
If this not addressing your question, please let me know.
Thank you.
Best, Xavier
Xavier Calvez ICANN CFO 12025 Waterfront Drive, Suite 300 Los Angeles, CA 90094 Office : +1 (310) 301 5838 Mobile : +1 (805) 312 0052 Fax : +1 (310) 957-2348
Brett Schaefer Jay Kingham Senior Research Fellow in International Regulatory Affairs Margaret Thatcher Center for Freedom Davis Institute for National Security and Foreign Policy The Heritage Foundation 214 Massachusetts Avenue, NE Washington, DC 20002 202-608-6097 heritage.org From: Xavier Calvez <xavier.calvez@icann.org> Date: Tuesday, July 12, 2016 at 9:45 AM To: "Schaefer, Brett" <Brett.Schaefer@heritage.org>, "community-finance@icann.org" <community-finance@icann.org>, "cwg-stewardship@icann.org" <cwg-stewardship@icann.org>, CCWG-Accountability <accountability-cross-community@icann.org> Cc: Executive Team <executive-team@icann.org>, COMMS Team <commsteam@icann.org>, "icann-board@icann.org" <icann-board@icann.org>, Finance Staff <finance-staff@icann.org> Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Brett, Thank you for following up. I will make sure to respond no later than the end of this week.
Thank you.
Best, Xavier
Xavier Calvez ICANN CFO 12025 Waterfront Drive, Suite 300 Los Angeles, CA 90094 Office : +1 (310) 301 5838 Mobile : +1 (805) 312 0052 Fax : +1 (310) 957-2348
From: "Schaefer, Brett" <Brett.Schaefer@heritage.org> Date: Tuesday, July 12, 2016 at 11:38 AM To: Xavier Calvez <xavier.calvez@icann.org>, "community-finance@icann.org" <community-finance@icann.org>, "cwg-stewardship@icann.org" <cwg-stewardship@icann.org>, CCWG-Accountability <accountability-cross-community@icann.org> Cc: Executive Team <executive-team@icann.org>, COMMS Team <commsteam@icann.org>, "icann-board@icann.org" <icann-board@icann.org>, Finance Staff <finance-staff@icann.org> Subject: RE: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Xavier,
Thanks for promising to get this information to me in Helsinki. Do you have an estimate for when it will be provided?
Thanks,
Brett
Brett Schaefer Jay Kingham Senior Research Fellow in International Regulatory Affairs Margaret Thatcher Center for Freedom Davis Institute for National Security and Foreign Policy The Heritage Foundation 214 Massachusetts Avenue, NE Washington, DC 20002 202-608-6097 heritage.org From: Schaefer, Brett Sent: Wednesday, June 22, 2016 2:39 PM To: 'Xavier J. Calvez'; community-finance@icann.org; cwg-stewardship@icann.org; CCWG-Accountability Cc: Executive Team; COMMS Team; icann-board@icann.org; Finance Staff Subject: RE: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Xavier,
I appreciate the detailed breakdown on the legal fees That is indeed what I was looking for though I would think it useful to have the totals provided in the summary document.
However, I did not see similar information for lobbying or education/ engagement/advice in the links provided. In fact, the only specific information that I saw listed is for Jamie Hedlund at $200,000. No information on other individual firms or vendors is listed at all – only the top line budget expenditure in the summary document link originally sent around.
Could you provide that information?
Thanks,
Brett
From: Xavier J. Calvez [mailto:xavier.calvez@icann.org] Sent: Wednesday, June 22, 2016 10:43 AM To: Schaefer, Brett; community-finance@icann.org; cwg-stewardship@icann.org; CCWG-Accountability Cc: Executive Team; COMMS Team; icann-board@icann.org; Finance Staff Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Dear all, It appears that the first link in my email further below (detail of legal fees by firm) does not resolve correctly. Please use the below instead. https://www.icann.org/en/system/files/files/iana-stewardship-expenses-legal-...
Thank you.
Best, Xavier
Xavier Calvez ICANN CFO 12025 Waterfront Drive, Suite 300 Los Angeles, CA 90094 Office : +1 (310) 301 5838 Mobile : +1 (805) 312 0052 Fax : +1 (310) 957-2348
From: Xavier Calvez <xavier.calvez@icann.org> Date: Wednesday, June 22, 2016 at 1:01 PM To: "Schaefer, Brett" <Brett.Schaefer@heritage.org>, "community-finance@icann.org" <community-finance@icann.org>, "cwg-stewardship@icann.org" <cwg-stewardship@icann.org>, CCWG-Accountability <accountability-cross-community@icann.org> Cc: Executive Team <executive-team@icann.org>, COMMS Team <commsteam@icann.org>, "icann-board@icann.org" <icann-board@icann.org>, Finance Staff <finance-staff@icann.org> Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Dear Brett, Thank you for your interest and question. We currently publish the list of all vendors from whom ICANN obtain services in relation to the IANA Stewardship transition. The $$ value of the services received is aggregated by category of expenses, which you mention below (US Government affairs, Education/engagement/advice,…). This presentation is driven by 2 factors: providing clarity as to the type of services received, and abiding by the contractual obligation of confidentiality in force with each of the vendors (resulting from standard business sensitive information). We do publish however the detail of the legal advice, by firm and by working group, on this same page (see for example the link to the report of fees by firm: https://www.icann.org/en/system/files/files/iana-stewardship-expenses-legal-...). You will also find more information relative to ICANN’s lobbying in the following blog published a few months ago. In this blog, you will also find links to the disclosure reports that ICANN makes on lobbying activities. https://www.icann.org/resources/pages/lobbying-disclosures-contributions-201.... Lastly, further information on lobbying appears in ICANN’s form 990 (Schedule C, Part II-B. On page 33/73 of the FY15 form 990 published at the following link): https://www.icann.org/en/system/files/files/fy-2015-form-990-10may16-en.pdf I hope this helps. Please let me know if you have further questions.
Thank you.
Best, Xavier
Xavier Calvez ICANN CFO 12025 Waterfront Drive, Suite 300 Los Angeles, CA 90094 Office : +1 (310) 301 5838 Mobile : +1 (805) 312 0052 Fax : +1 (310) 957-2348
From: "Schaefer, Brett" <Brett.Schaefer@heritage.org> Date: Tuesday, June 21, 2016 at 9:54 PM To: Xavier Calvez <xavier.calvez@icann.org>, "community-finance@icann.org" <community-finance@icann.org>, "cwg-stewardship@icann.org" <cwg-stewardship@icann.org>, CCWG-Accountability <accountability-cross-community@icann.org> Cc: Executive Team <executive-team@icann.org>, COMMS Team <commsteam@icann.org>, "icann-board@icann.org" <icann-board@icann.org>, Finance Staff <finance-staff@icann.org> Subject: RE: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Xavier,
Thank you. Could you please provide a more detailed breakdown of legal advice, US government affairs, and educations/engagement/advice? In each category, there are multiple firms/vendors listed (https://www.icann.org/en/system/files/files/iana-stewardship-expenses-profes...). I would appreciate the amount provided to each individual vendor. If it is provided somewhere, I would appreciate you letting me know where to find it.
Much appreciated,
Brett
Brett Schaefer Jay Kingham Senior Research Fellow in International Regulatory Affairs Margaret Thatcher Center for Freedom Davis Institute for National Security and Foreign Policy The Heritage Foundation 214 Massachusetts Avenue, NE Washington, DC 20002 202-608-6097 heritage.org From: accountability-cross-community-bounces@icann.org [mailto:accountability-cross-community-bounces@icann.org] On Behalf Of Xavier J. Calvez Sent: Saturday, June 18, 2016 12:10 AM To: community-finance@icann.org; cwg-stewardship@icann.org; CCWG-Accountability Cc: Executive Team; COMMS Team; icann-board@icann.org; Finance Staff Subject: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Dear all, You find at the link below the updated project’s expenses as of FY16 Q3 (from July 2014 to March 2016). As indicated a few months ago, we have added new detailed information on the staff support with the individual positions, names and percentages of effort over the period.
https://www.icann.org/resources/pages/iana-stewardship-project-costs
Thank you.
Best, Xavier
Xavier Calvez ICANN CFO 12025 Waterfront Drive, Suite 300 Los Angeles, CA 90094 Office : +1 (310) 301 5838 Mobile : +1 (805) 312 0052 Fax : +1 (310) 957-2348
<iana-stewardship-expenses-professional-vendor-01jun16-en.pdf>
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Leon,
Thanks, I just saw he was on medical leave in his out of office notice.
Brett
Brett Schaefer Jay Kingham Senior Research Fellow in International Regulatory Affairs Margaret Thatcher Center for Freedom Davis Institute for National Security and Foreign Policy The Heritage Foundation 214 Massachusetts Avenue, NE Washington, DC 20002 202-608-6097 heritage.org<http://heritage.org/> From: León Felipe Sánchez Ambía [mailto:leonfelipe@sanchez.mx] Sent: Monday, July 25, 2016 2:47 PM To: Schaefer, Brett Cc: Zakir Syed; Marilyn Cade; Sam Lanfranco; Phil Corwin; Ken Stubbs; Paul Rosenzweig; Xavier J. Calvez; cwg-stewardship@icann.org; CCWG-Accountability; icann-board@icann.org; Executive Team; COMMS Team; community-finance@icann.org; Finance Staff Subject: Re: [CCWG-ACCT] [community-finance] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Dear Brett,
I believe Xavier is on medical leave as he will be having surgery. I don't have more details but I'm sure Xavier will come back to is with answers as soon as he recovers.
Best regards,
León
El jul 25, 2016, a las 1:29 PM, Schaefer, Brett <Brett.Schaefer@heritage.org<mailto:Brett.Schaefer@heritage.org>> escribió: Xavier,
Are you planning to answer the questions raised in this thread?
Thanks,
Brett
Brett Schaefer Jay Kingham Senior Research Fellow in International Regulatory Affairs Margaret Thatcher Center for Freedom Davis Institute for National Security and Foreign Policy The Heritage Foundation 214 Massachusetts Avenue, NE Washington, DC 20002 202-608-6097 heritage.org<http://heritage.org/> From: Zakir Syed [mailto:zakirbinrehman@yahoo.com] Sent: Friday, July 22, 2016 4:07 PM To: Marilyn Cade; Sam Lanfranco; Phil Corwin; Ken Stubbs; Paul Rosenzweig; Schaefer, Brett; 'Xavier J. Calvez' Cc: cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>; 'CCWG-Accountability'; icann-board@icann.org<mailto:icann-board@icann.org>; 'Executive Team'; 'COMMS Team'; community-finance@icann.org<mailto:community-finance@icann.org>; 'Finance Staff' Subject: Re: [CCWG-ACCT] [community-finance] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
This is very useful discussion particularly on this very list. Any idea, how are the consultants/contractors hired by ICANN?. If this is through an RFP/competitive bid thn may be the RFP will have the detail/requirement what is required which in other words will mean what the consultants do. Not?
Zakir
From: Marilyn Cade <marilynscade@hotmail.com<mailto:marilynscade@hotmail.com>> To: Sam Lanfranco <sam@lanfranco.net<mailto:sam@lanfranco.net>>; Phil Corwin <psc@vlaw-dc.com<mailto:psc@vlaw-dc.com>>; Ken Stubbs <kstubbs@afilias.info<mailto:kstubbs@afilias.info>>; Paul Rosenzweig <paul.rosenzweig@redbranchconsulting.com<mailto:paul.rosenzweig@redbranchconsulting.com>>; "'Schaefer, Brett'" <brett.schaefer@heritage.org<mailto:brett.schaefer@heritage.org>>; 'Xavier J. Calvez' <xavier.calvez@icann.org<mailto:xavier.calvez@icann.org>> Cc: "cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>" <cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>>; 'CCWG-Accountability' <accountability-cross-community@icann.org<mailto:accountability-cross-community@icann.org>>; "icann-board@icann.org<mailto:icann-board@icann.org>" <icann-board@icann.org<mailto:icann-board@icann.org>>; 'Executive Team' <executive-team@icann.org<mailto:executive-team@icann.org>>; 'COMMS Team' <commsteam@icann.org<mailto:commsteam@icann.org>>; "community-finance@icann.org<mailto:community-finance@icann.org>" <community-finance@icann.org<mailto:community-finance@icann.org>>; 'Finance Staff' <finance-staff@icann.org<mailto:finance-staff@icann.org>> Sent: Thursday, July 21, 2016 2:27 AM Subject: Re: [CCWG-ACCT] [community-finance] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
I'd like to stick to the topic we are discussing which is disclosure about 'advisors', and lobbyists, and not venture until the gTLDs contracts. I fear that would become a bog that is too unbounded, with some questioning the marketing plans of different gTLDs, like give aways, etc.
So, I ask that as this is the CCWG-ACCT, and the topic is about the amounts paid for consultants specifically working on the IANA transition -- and who they are -- and that they have only ICANN as a client, not also members of ICANN's community on directly related subjects -- we stick to that discussion.
All law firms in the US 'clear' conflicts before accepting a new client, and all corporations 'clear' their consultants. While this may be confidential in both these cases, I do agree that a public interest NGO, which is what ICANN is, can best serve itself, and the interest of the broader ICANN community by as much transparency as possible. BUT let's keep it high level and civil in our request for facts and figures.
As I like to say: Facts are our friends.
Of course, some issues have to be kept confidential.
Who the consultants are has been published, what they were paid would add to the transparency. What they do, at a high level, should be published as well. I will say again that I think that the work is probably much needed. I spend a lot of time -- without being paid -- explaining ICANN as I do my other IG work and it is is a worthwhile task and an important one if we are to demystify ICANN to RoW [Rest of World].
I am sure it is all above board, but it has now taken on a sort of taint of 'why not tell'.
Let's keep this high level and not make it a hunt for the details, but just get the high level facts, and make that a standard.
Will help us all.
M
Subject: Re: [CCWG-ACCT] [community-finance] IANA Stewardship Transition - Project Expenses - FY16 Q3 update To: psc@vlaw-dc.com<mailto:psc@vlaw-dc.com>; kstubbs@afilias.info<mailto:kstubbs@afilias.info>; paul.rosenzweig@redbranchconsulting.com<mailto:paul.rosenzweig@redbranchconsulting.com>; marilynscade@hotmail.com<mailto:marilynscade@hotmail.com>; brett.schaefer@heritage.org<mailto:brett.schaefer@heritage.org>; xavier.calvez@icann.org<mailto:xavier.calvez@icann.org> CC: cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>; accountability-cross-community@icann.org<mailto:accountability-cross-community@icann.org>; icann-board@icann.org<mailto:icann-board@icann.org>; executive-team@icann.org<mailto:executive-team@icann.org>; commsteam@icann.org<mailto:commsteam@icann.org>; community-finance@icann.org<mailto:community-finance@icann.org>; finance-staff@icann.org<mailto:finance-staff@icann.org> From: sam@lanfranco.net<mailto:sam@lanfranco.net> Date: Wed, 20 Jul 2016 12:23:12 -0400
As the non-lawyer economist here I would like to observe that the discussion has honed in on a specific enough question, one that has an ICANN definitive answer, and that it should be put both to the Board and the new CEO for a an answer and clarification. I previously worried that the ICANN DNS contract with .sucks seemed to verge on ICANN exposing itself to the RICO act in the U.S., given the .sucks marketing plan. Maybe I am overly cautious but as a not-for-profit corporation operating in the public interest ICANN is more than obliged to provide clarity here. Silence won't do.
Sam Lanfranco, NPOC/CSIH
On 7/20/2016 12:06 PM, Phil Corwin wrote: If the contract non-disclosure clause indeed violates IRS disclosure requirements then how could ICANN legal agree to it?
Philip S. Corwin, Founding Principal Virtualaw LLC 1155 F Street, NW Suite 1050 Washington, DC 20004 202-559-8597/Direct 202-559-8750/Fax 202-255-6172/Cell
Twitter: @VlawDC
"Luck is the residue of design" -- Branch Rickey
From: Ken Stubbs [mailto:kstubbs@afilias.info] Sent: Wednesday, July 20, 2016 11:37 AM To: Paul Rosenzweig; 'Marilyn Cade'; Phil Corwin; 'Schaefer, Brett'; 'Xavier J. Calvez' Cc: cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>; 'CCWG-Accountability'; icann-board@icann.org<mailto:icann-board@icann.org>; 'Executive Team'; 'COMMS Team'; community-finance@icann.org<mailto:community-finance@icann.org>; 'Finance Staff' Subject: Re: [community-finance] [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
I believe Lori is correct here. IRS requirements on disclosures are usually quite specific here
Ken Stubbs On 7/20/16 10:32, Lori Schulman wrote: I don’t believe that 501©3 orgs can consider any consulting fees confidential as the top fees are required to be reported on the 990.
Lori
Lori S. Schulman Senior Director, Internet Policy International Trademark Association (INTA) +1-202-704-0408, Skype: lsschulman
From: accountability-cross-community-bounces@icann.org<mailto:accountability-cross-community-bounces@icann.org> [mailto:accountability-cross-community-bounces@icann.org] On Behalf Of Paul Rosenzweig Sent: Wednesday, July 20, 2016 10:16 AM To: 'Marilyn Cade' <marilynscade@hotmail.com><mailto:marilynscade@hotmail.com>; 'Phil Corwin' <psc@vlaw-dc.com><mailto:psc@vlaw-dc.com>; 'Schaefer, Brett' <brett.schaefer@heritage.org><mailto:brett.schaefer@heritage.org>; 'Xavier J. Calvez' <xavier.calvez@icann.org><mailto:xavier.calvez@icann.org> Cc: cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>; 'CCWG-Accountability' <accountability-cross-community@icann.org><mailto:accountability-cross-community@icann.org>; icann-board@icann.org<mailto:icann-board@icann.org>; 'Executive Team' <executive-team@icann.org><mailto:executive-team@icann.org>; 'COMMS Team' <commsteam@icann.org><mailto:commsteam@icann.org>; community-finance@icann.org<mailto:community-finance@icann.org>; 'Finance Staff' <finance-staff@icann.org><mailto:finance-staff@icann.org> Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
I agree completely with Marilyn and Phil. I have been on both sides of non-disclosure agreements – both ones requested by me and ones requested by my clients. Typically, a client (in the position of ICANN) may request that a consultant sign an NDA so as to protect the confidentiality of its efforts or its intellectual property. Sometimes a consultant might have a proprietary methodology or process that they are using on behalf of the client that they wish to protect.
Neither circumstance applies here that I can see. And in no case that I am aware of has a client ever asked me to keep confidential my fee … I don’t broadcast them, but I’m in the private sector. For ICANN, which is an NGO acting in the global public interest, I cannot see any reason at all why ICANN would want or agree to a confidentiality arrangement as to the size of the fee paid.
Xavier – can you tell us what the rationale is? I may be missing something …..
Thanks Paul
Paul Rosenzweig paul.rosenzweig@redbranchconsulting.com<mailto:paul.rosenzweig@redbranchconsulting.com> O: +1 (202) 547-0660 M: +1 (202) 329-9650 VOIP: +1 (202) 738-1739 www.redbranchconsulting.com<http://www.redbranchconsulting.com/> My PGP Key: http://redbranchconsulting.com/who-we-are/public-pgp-key/<http://redbranchconsulting.com/who-we-are/public-pgp-key/>
From: accountability-cross-community-bounces@icann.org<mailto:accountability-cross-community-bounces@icann.org> [mailto:accountability-cross-community-bounces@icann.org] On Behalf Of Marilyn Cade Sent: Wednesday, July 20, 2016 9:05 AM To: Phil Corwin <psc@vlaw-dc.com<mailto:psc@vlaw-dc.com>>; Schaefer, Brett <brett.schaefer@heritage.org<mailto:brett.schaefer@heritage.org>>; Xavier J. Calvez <xavier.calvez@icann.org<mailto:xavier.calvez@icann.org>> Cc: cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>; CCWG-Accountability <accountability-cross-community@icann.org<mailto:accountability-cross-community@icann.org>>; icann-board@icann.org<mailto:icann-board@icann.org>; Executive Team <executive-team@icann.org<mailto:executive-team@icann.org>>; COMMS Team <commsteam@icann.org<mailto:commsteam@icann.org>>; community-finance@icann.org<mailto:community-finance@icann.org>; Finance Staff <finance-staff@icann.org<mailto:finance-staff@icann.org>> Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
I support Phil's clarifying explanation.
I also think that anyone who is in this category, should have to declare if they re also representing companies in a SO/AC.
Or advising governments.
In the BC, we do not allow an ICANN consultant to be a BC member, regardless of the amount, but if someone is a backdoor advisor to ICANN and also a group of entities, in a SO/AC, that would not be so obvious, but I think that for integrity sake, of course, any such entity would recuse themselves from advising companies, while also advising ICANN.
And I would expect ICANN to disqualify such entities as their consultants.
Thanks, Phil, for this useful clarification.
M
From: psc@vlaw-dc.com<mailto:psc@vlaw-dc.com> To: Brett.Schaefer@heritage.org<mailto:Brett.Schaefer@heritage.org>; xavier.calvez@icann.org<mailto:xavier.calvez@icann.org> Date: Wed, 20 Jul 2016 00:48:08 +0000 CC: cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>; accountability-cross-community@icann.org<mailto:accountability-cross-community@icann.org>; icann-board@icann.org<mailto:icann-board@icann.org>; executive-team@icann.org<mailto:executive-team@icann.org>; commsteam@icann.org<mailto:commsteam@icann.org>; community-finance@icann.org<mailto:community-finance@icann.org>; finance-staff@icann.org<mailto:finance-staff@icann.org> Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update In the U.S. much of what used to be done by registered lobbyists is now performed by “strategic advisors” who walk right up to the line of what constitutes lobbying (and maybe a few inches over), and nonetheless facilitate door opening to key members of Congress and the Executive branch, and who “educate” rather than “lobby” members of both branches of government. So while the seven firms may not be engaged in what is considered lobbying under current U.S. law, they are still likely engaged in helping to assure officials outcomes desired by ICANN corporate.
It is for that reason – as well as for the exercise of effective oversight over ICANN budgeting and expenditures – that the community should have more data on this. If ICANN is prohibited by its contracts with these firms from disclosing its expenditures that is unfortunate – and in the future I would hope that ICANN would tell any firms being considered for such duties that its own transparency obligations to the community preclude it from agreeing to such restrictions (I’d wager that the majority of the firms would waive confidentiality rather than lose the contract).
At a minimum, ICANN should disclose the aggregate amounts spent with these seven firms since they were engaged – surely their contracts don’t bar such aggregate reporting.
Philip S. Corwin, Founding Principal Virtualaw LLC 1155 F Street, NW Suite 1050 Washington, DC 20004 202-559-8597/Direct 202-559-8750/Fax 202-255-6172/Cell
Twitter: @VlawDC
"Luck is the residue of design" -- Branch Rickey
From: accountability-cross-community-bounces@icann.org<mailto:accountability-cross-community-bounces@icann.org> [mailto:accountability-cross-community-bounces@icann.org] On Behalf Of Schaefer, Brett Sent: Tuesday, July 19, 2016 1:04 PM To: Xavier J. Calvez Cc: cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>; CCWG-Accountability; icann-board@icann.org<mailto:icann-board@icann.org>; Executive Team; COMMS Team; community-finance@icann.org<mailto:community-finance@icann.org>; Finance Staff Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Xavier,
Are you saying that ICANN’s contracts for Education/Engagement/Advice with (1) Albright Stonebridge Group LLC, (2) Edelman, (3) Interface Media, (4) Rice Hadley Gates LLC, (5) Summit Strategies International LLC, (6) WBC Global, and (7) Wiley Rein LLP each contain confidentiality provisions that prohibit ICANN from disclosing the specific amount paid to each of these individual vendors?
Does this only apply to the CCWG and the public or does it also apply to other parts of the ICANN community, specifically the Supporting Organizations and Advisory Committees?
Thank you for the link on lobbying disclosures. For those who are interested, here are ICANN’s lobbying expenditures based on the disclosure website of the U.S. Congress.
<image001.png>
I do have a couple of additional questions. Would this source capture lobbying exclusively directed toward the US Executive Branch? Has ICANN spent any funds during this period lobbying governments other than the US?
Thank you,
Brett
Brett Schaefer Jay Kingham Senior Research Fellow in International Regulatory Affairs Margaret Thatcher Center for Freedom Davis Institute for National Security and Foreign Policy The Heritage Foundation 214 Massachusetts Avenue, NE Washington, DC 20002 202-608-6097 heritage.org<http://heritage.org/> From: Xavier J. Calvez [mailto:xavier.calvez@icann.org] Sent: Monday, July 18, 2016 6:30 PM To: Schaefer, Brett Cc: community-finance@icann.org<mailto:community-finance@icann.org>; cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>; CCWG-Accountability; Executive Team; COMMS Team; icann-board@icann.org<mailto:icann-board@icann.org>; Finance Staff Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Brett, Yes, the information I provided in my latest email had been included in some previous communication. I just wanted to make sure you had a clear visibility on this information, which provides for (i) categories of expenses, (ii) the individual names of the vendors grouped for each category, and (iii) the total value of the expenses for each category. With respect to the contractual obligations of confidentiality in commercial contracts, ICANN is subject to them, like all business organizations. That said, we disclose what we can consistent with standard business confidentiality provisions in vendor contracts. We cannot disclose the specific amount of spend with each vendor but we were able to disclose the names of the service providers engaged. Regarding the lobbying expenses, as you are aware, both organizations that hire lobbyists and firms that lobby on behalf of organizations are required under U.S. federal law to file lobbying disclosure reports. In addition to ICANN’s quarterly lobbying disclosures posted on our website, you can find the amounts ICANN has paid to individual outside lobbying firms at http://disclosures.house.gov/ld/ldsearch.aspx<http://disclosures.house.gov/ld/ldsearch.aspx>. I hope this helps and clarifies.
Thank you.
Best, Xavier
Xavier Calvez ICANN CFO 12025 Waterfront Drive, Suite 300 Los Angeles, CA 90094 Office : +1 (310) 301 5838 Mobile : +1 (805) 312 0052 Fax : +1 (310) 957-2348
From: "Schaefer, Brett" <Brett.Schaefer@heritage.org<mailto:Brett.Schaefer@heritage.org>> Date: Thursday, July 14, 2016 at 7:07 AM To: Xavier Calvez <xavier.calvez@icann.org<mailto:xavier.calvez@icann.org>> Cc: "community-finance@icann.org<mailto:community-finance@icann.org>" <community-finance@icann.org<mailto:community-finance@icann.org>>, "cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>" <cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>>, CCWG-Accountability <accountability-cross-community@icann.org<mailto:accountability-cross-community@icann.org>>, Executive Team <executive-team@icann.org<mailto:executive-team@icann.org>>, COMMS Team <commsteam@icann.org<mailto:commsteam@icann.org>>, "icann-board@icann.org<mailto:icann-board@icann.org>" <icann-board@icann.org<mailto:icann-board@icann.org>>, Finance Staff <finance-staff@icann.org<mailto:finance-staff@icann.org>> Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Xavier,
This is pretty much the same information that was provided before. I am asking for a breakdown of how much was paid to each vender in the lobbying category (Akin Gump, etc.) and the education/engagement/advice category (Albright Stoneridge, etc.).
Thank you,
Brett
On Jul 13, 2016, at 8:13 PM, Xavier J. Calvez <xavier.calvez@icann.org<mailto:xavier.calvez@icann.org>> wrote: Dear Brett, In response to your question listed below on 22 June: the detailed information provided on Other professional fees (other than legal fees, detailed in a separate section of the “Transition project cost” expense webpage, on the IANA Stewardship Transition webpage) can be found in the section called “Professional Services – Expenses Breakdown”. Within this section, you will find a link to a document that provides the list of Professional Services (other than legal fees) incurred, by category, with the names of the vendors, and the total amount of expenditures for the category. This link is copied below and was provided in my first answer to your question. I have also attached the file to which this link refers in case the link would not work for you. https://www.icann.org/en/system/files/files/iana-stewardship-expenses-professional-vendor-01jun16-en.pdf<https://www.icann.org/en/system/files/files/iana-stewardship-expenses-professional-vendor-01jun16-en.pdf> If this not addressing your question, please let me know.
Thank you.
Best, Xavier
Xavier Calvez ICANN CFO 12025 Waterfront Drive, Suite 300 Los Angeles, CA 90094 Office : +1 (310) 301 5838 Mobile : +1 (805) 312 0052 Fax : +1 (310) 957-2348
Brett Schaefer Jay Kingham Senior Research Fellow in International Regulatory Affairs Margaret Thatcher Center for Freedom Davis Institute for National Security and Foreign Policy The Heritage Foundation 214 Massachusetts Avenue, NE Washington, DC 20002 202-608-6097 heritage.org<http://heritage.org/> From: Xavier Calvez <xavier.calvez@icann.org<mailto:xavier.calvez@icann.org>> Date: Tuesday, July 12, 2016 at 9:45 AM To: "Schaefer, Brett" <Brett.Schaefer@heritage.org<mailto:Brett.Schaefer@heritage.org>>, "community-finance@icann.org<mailto:community-finance@icann.org>" <community-finance@icann.org<mailto:community-finance@icann.org>>, "cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>" <cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>>, CCWG-Accountability <accountability-cross-community@icann.org<mailto:accountability-cross-community@icann.org>> Cc: Executive Team <executive-team@icann.org<mailto:executive-team@icann.org>>, COMMS Team <commsteam@icann.org<mailto:commsteam@icann.org>>, "icann-board@icann.org<mailto:icann-board@icann.org>" <icann-board@icann.org<mailto:icann-board@icann.org>>, Finance Staff <finance-staff@icann.org<mailto:finance-staff@icann.org>> Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Brett, Thank you for following up. I will make sure to respond no later than the end of this week.
Thank you.
Best, Xavier
Xavier Calvez ICANN CFO 12025 Waterfront Drive, Suite 300 Los Angeles, CA 90094 Office : +1 (310) 301 5838 Mobile : +1 (805) 312 0052 Fax : +1 (310) 957-2348
From: "Schaefer, Brett" <Brett.Schaefer@heritage.org<mailto:Brett.Schaefer@heritage.org>> Date: Tuesday, July 12, 2016 at 11:38 AM To: Xavier Calvez <xavier.calvez@icann.org<mailto:xavier.calvez@icann.org>>, "community-finance@icann.org<mailto:community-finance@icann.org>" <community-finance@icann.org<mailto:community-finance@icann.org>>, "cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>" <cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>>, CCWG-Accountability <accountability-cross-community@icann.org<mailto:accountability-cross-community@icann.org>> Cc: Executive Team <executive-team@icann.org<mailto:executive-team@icann.org>>, COMMS Team <commsteam@icann.org<mailto:commsteam@icann.org>>, "icann-board@icann.org<mailto:icann-board@icann.org>" <icann-board@icann.org<mailto:icann-board@icann.org>>, Finance Staff <finance-staff@icann.org<mailto:finance-staff@icann.org>> Subject: RE: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Xavier,
Thanks for promising to get this information to me in Helsinki. Do you have an estimate for when it will be provided?
Thanks,
Brett
Brett Schaefer Jay Kingham Senior Research Fellow in International Regulatory Affairs Margaret Thatcher Center for Freedom Davis Institute for National Security and Foreign Policy The Heritage Foundation 214 Massachusetts Avenue, NE Washington, DC 20002 202-608-6097 heritage.org<http://heritage.org/> From: Schaefer, Brett Sent: Wednesday, June 22, 2016 2:39 PM To: 'Xavier J. Calvez'; community-finance@icann.org<mailto:community-finance@icann.org>; cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>; CCWG-Accountability Cc: Executive Team; COMMS Team; icann-board@icann.org<mailto:icann-board@icann.org>; Finance Staff Subject: RE: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Xavier,
I appreciate the detailed breakdown on the legal fees That is indeed what I was looking for though I would think it useful to have the totals provided in the summary document.
However, I did not see similar information for lobbying or education/ engagement/advice in the links provided. In fact, the only specific information that I saw listed is for Jamie Hedlund at $200,000. No information on other individual firms or vendors is listed at all – only the top line budget expenditure in the summary document link originally sent around.
Could you provide that information?
Thanks,
Brett
From: Xavier J. Calvez [mailto:xavier.calvez@icann.org] Sent: Wednesday, June 22, 2016 10:43 AM To: Schaefer, Brett; community-finance@icann.org<mailto:community-finance@icann.org>; cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>; CCWG-Accountability Cc: Executive Team; COMMS Team; icann-board@icann.org<mailto:icann-board@icann.org>; Finance Staff Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Dear all, It appears that the first link in my email further below (detail of legal fees by firm) does not resolve correctly. Please use the below instead. https://www.icann.org/en/system/files/files/iana-stewardship-expenses-legal-firm-fy16-01jun16-en.pdf<https://www.icann.org/en/system/files/files/iana-stewardship-expenses-legal-firm-fy16-01jun16-en.pdf>
Thank you.
Best, Xavier
Xavier Calvez ICANN CFO 12025 Waterfront Drive, Suite 300 Los Angeles, CA 90094 Office : +1 (310) 301 5838 Mobile : +1 (805) 312 0052 Fax : +1 (310) 957-2348
From: Xavier Calvez <xavier.calvez@icann.org<mailto:xavier.calvez@icann.org>> Date: Wednesday, June 22, 2016 at 1:01 PM To: "Schaefer, Brett" <Brett.Schaefer@heritage.org<mailto:Brett.Schaefer@heritage.org>>, "community-finance@icann.org<mailto:community-finance@icann.org>" <community-finance@icann.org<mailto:community-finance@icann.org>>, "cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>" <cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>>, CCWG-Accountability <accountability-cross-community@icann.org<mailto:accountability-cross-community@icann.org>> Cc: Executive Team <executive-team@icann.org<mailto:executive-team@icann.org>>, COMMS Team <commsteam@icann.org<mailto:commsteam@icann.org>>, "icann-board@icann.org<mailto:icann-board@icann.org>" <icann-board@icann.org<mailto:icann-board@icann.org>>, Finance Staff <finance-staff@icann.org<mailto:finance-staff@icann.org>> Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Dear Brett, Thank you for your interest and question. We currently publish the list of all vendors from whom ICANN obtain services in relation to the IANA Stewardship transition. The $$ value of the services received is aggregated by category of expenses, which you mention below (US Government affairs, Education/engagement/advice,…). This presentation is driven by 2 factors: providing clarity as to the type of services received, and abiding by the contractual obligation of confidentiality in force with each of the vendors (resulting from standard business sensitive information). We do publish however the detail of the legal advice, by firm and by working group, on this same page (see for example the link to the report of fees by firm: https://www.icann.org/en/system/files/files/iana-stewardship-expenses-legal-firm-fy16-01jun16-en.pdf)<https://www.icann.org/en/system/files/files/iana-stewardship-expenses-legal-firm-fy16-01jun16-en.pdf%29>. You will also find more information relative to ICANN’s lobbying in the following blog published a few months ago. In this blog, you will also find links to the disclosure reports that ICANN makes on lobbying activities. https://www.icann.org/resources/pages/lobbying-disclosures-contributions-2015-11-18-en<https://www.icann.org/resources/pages/lobbying-disclosures-contributions-2015-11-18-en>. Lastly, further information on lobbying appears in ICANN’s form 990 (Schedule C, Part II-B. On page 33/73 of the FY15 form 990 published at the following link): https://www.icann.org/en/system/files/files/fy-2015-form-990-10may16-en.pdf<https://www.icann.org/en/system/files/files/fy-2015-form-990-10may16-en.pdf> I hope this helps. Please let me know if you have further questions.
Thank you.
Best, Xavier
Xavier Calvez ICANN CFO 12025 Waterfront Drive, Suite 300 Los Angeles, CA 90094 Office : +1 (310) 301 5838 Mobile : +1 (805) 312 0052 Fax : +1 (310) 957-2348
From: "Schaefer, Brett" <Brett.Schaefer@heritage.org<mailto:Brett.Schaefer@heritage.org>> Date: Tuesday, June 21, 2016 at 9:54 PM To: Xavier Calvez <xavier.calvez@icann.org<mailto:xavier.calvez@icann.org>>, "community-finance@icann.org<mailto:community-finance@icann.org>" <community-finance@icann.org<mailto:community-finance@icann.org>>, "cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>" <cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>>, CCWG-Accountability <accountability-cross-community@icann.org<mailto:accountability-cross-community@icann.org>> Cc: Executive Team <executive-team@icann.org<mailto:executive-team@icann.org>>, COMMS Team <commsteam@icann.org<mailto:commsteam@icann.org>>, "icann-board@icann.org<mailto:icann-board@icann.org>" <icann-board@icann.org<mailto:icann-board@icann.org>>, Finance Staff <finance-staff@icann.org<mailto:finance-staff@icann.org>> Subject: RE: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Xavier,
Thank you. Could you please provide a more detailed breakdown of legal advice, US government affairs, and educations/engagement/advice? In each category, there are multiple firms/vendors listed (https://www.icann.org/en/system/files/files/iana-stewardship-expenses-professional-vendor-01jun16-en.pdf<https://www.icann.org/en/system/files/files/iana-stewardship-expenses-professional-vendor-01jun16-en.pdf>). I would appreciate the amount provided to each individual vendor. If it is provided somewhere, I would appreciate you letting me know where to find it.
Much appreciated,
Brett
Brett Schaefer Jay Kingham Senior Research Fellow in International Regulatory Affairs Margaret Thatcher Center for Freedom Davis Institute for National Security and Foreign Policy The Heritage Foundation 214 Massachusetts Avenue, NE Washington, DC 20002 202-608-6097 heritage.org<http://heritage.org/> From: accountability-cross-community-bounces@icann.org<mailto:accountability-cross-community-bounces@icann.org> [mailto:accountability-cross-community-bounces@icann.org] On Behalf Of Xavier J. Calvez Sent: Saturday, June 18, 2016 12:10 AM To: community-finance@icann.org<mailto:community-finance@icann.org>; cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>; CCWG-Accountability Cc: Executive Team; COMMS Team; icann-board@icann.org<mailto:icann-board@icann.org>; Finance Staff Subject: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Dear all, You find at the link below the updated project’s expenses as of FY16 Q3 (from July 2014 to March 2016). As indicated a few months ago, we have added new detailed information on the staff support with the individual positions, names and percentages of effort over the period.
Thank you.
Best, Xavier
Xavier Calvez ICANN CFO 12025 Waterfront Drive, Suite 300 Los Angeles, CA 90094 Office : +1 (310) 301 5838 Mobile : +1 (805) 312 0052 Fax : +1 (310) 957-2348
<iana-stewardship-expenses-professional-vendor-01jun16-en.pdf>
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Brett et al, I hoping to be able to provide a response by end of day tomorrow, if not, on Wednesday.
Thank you.
Best, Xavier
Xavier Calvez ICANN CFO 12025 Waterfront Drive, Suite 300 Los Angeles, CA 90094 Office : +1 (310) 301 5838 Mobile : +1 (805) 312 0052 Fax : +1 (310) 957-2348
From: "Schaefer, Brett" <Brett.Schaefer@heritage.org> Date: Monday, July 25, 2016 at 11:29 AM To: Zakir Syed <zakirbinrehman@yahoo.com>, Marilyn Cade <marilynscade@hotmail.com>, Sam Lanfranco <sam@lanfranco.net>, Phil Corwin <psc@vlaw-dc.com>, Ken Stubbs <kstubbs@afilias.info>, Paul Rosenzweig <paul.rosenzweig@redbranchconsulting.com>, Xavier Calvez <xavier.calvez@icann.org> Cc: "cwg-stewardship@icann.org" <cwg-stewardship@icann.org>, 'CCWG-Accountability' <accountability-cross-community@icann.org>, "icann-board@icann.org" <icann-board@icann.org>, Executive Team <executive-team@icann.org>, COMMS Team <commsteam@icann.org>, "community-finance@icann.org" <community-finance@icann.org>, Finance Staff <finance-staff@icann.org> Subject: RE: [CCWG-ACCT] [community-finance] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Xavier,
Are you planning to answer the questions raised in this thread?
Thanks,
Brett
Brett Schaefer Jay Kingham Senior Research Fellow in International Regulatory Affairs Margaret Thatcher Center for Freedom Davis Institute for National Security and Foreign Policy The Heritage Foundation 214 Massachusetts Avenue, NE Washington, DC 20002 202-608-6097 heritage.org<http://heritage.org/> From: Zakir Syed [mailto:zakirbinrehman@yahoo.com] Sent: Friday, July 22, 2016 4:07 PM To: Marilyn Cade; Sam Lanfranco; Phil Corwin; Ken Stubbs; Paul Rosenzweig; Schaefer, Brett; 'Xavier J. Calvez' Cc: cwg-stewardship@icann.org; 'CCWG-Accountability'; icann-board@icann.org; 'Executive Team'; 'COMMS Team'; community-finance@icann.org; 'Finance Staff' Subject: Re: [CCWG-ACCT] [community-finance] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
This is very useful discussion particularly on this very list. Any idea, how are the consultants/contractors hired by ICANN?. If this is through an RFP/competitive bid thn may be the RFP will have the detail/requirement what is required which in other words will mean what the consultants do. Not?
Zakir
From: Marilyn Cade <marilynscade@hotmail.com<mailto:marilynscade@hotmail.com>> To: Sam Lanfranco <sam@lanfranco.net<mailto:sam@lanfranco.net>>; Phil Corwin <psc@vlaw-dc.com<mailto:psc@vlaw-dc.com>>; Ken Stubbs <kstubbs@afilias.info<mailto:kstubbs@afilias.info>>; Paul Rosenzweig <paul.rosenzweig@redbranchconsulting.com<mailto:paul.rosenzweig@redbranchconsulting.com>>; "'Schaefer, Brett'" <brett.schaefer@heritage.org<mailto:brett.schaefer@heritage.org>>; 'Xavier J. Calvez' <xavier.calvez@icann.org<mailto:xavier.calvez@icann.org>> Cc: "cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>" <cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>>; 'CCWG-Accountability' <accountability-cross-community@icann.org<mailto:accountability-cross-community@icann.org>>; "icann-board@icann.org<mailto:icann-board@icann.org>" <icann-board@icann.org<mailto:icann-board@icann.org>>; 'Executive Team' <executive-team@icann.org<mailto:executive-team@icann.org>>; 'COMMS Team' <commsteam@icann.org<mailto:commsteam@icann.org>>; "community-finance@icann.org<mailto:community-finance@icann.org>" <community-finance@icann.org<mailto:community-finance@icann.org>>; 'Finance Staff' <finance-staff@icann.org<mailto:finance-staff@icann.org>> Sent: Thursday, July 21, 2016 2:27 AM Subject: Re: [CCWG-ACCT] [community-finance] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
I'd like to stick to the topic we are discussing which is disclosure about 'advisors', and lobbyists, and not venture until the gTLDs contracts. I fear that would become a bog that is too unbounded, with some questioning the marketing plans of different gTLDs, like give aways, etc.
So, I ask that as this is the CCWG-ACCT, and the topic is about the amounts paid for consultants specifically working on the IANA transition -- and who they are -- and that they have only ICANN as a client, not also members of ICANN's community on directly related subjects -- we stick to that discussion.
All law firms in the US 'clear' conflicts before accepting a new client, and all corporations 'clear' their consultants. While this may be confidential in both these cases, I do agree that a public interest NGO, which is what ICANN is, can best serve itself, and the interest of the broader ICANN community by as much transparency as possible. BUT let's keep it high level and civil in our request for facts and figures.
As I like to say: Facts are our friends.
Of course, some issues have to be kept confidential.
Who the consultants are has been published, what they were paid would add to the transparency. What they do, at a high level, should be published as well. I will say again that I think that the work is probably much needed. I spend a lot of time -- without being paid -- explaining ICANN as I do my other IG work and it is is a worthwhile task and an important one if we are to demystify ICANN to RoW [Rest of World].
I am sure it is all above board, but it has now taken on a sort of taint of 'why not tell'.
Let's keep this high level and not make it a hunt for the details, but just get the high level facts, and make that a standard.
Will help us all.
M
Subject: Re: [CCWG-ACCT] [community-finance] IANA Stewardship Transition - Project Expenses - FY16 Q3 update To: psc@vlaw-dc.com<mailto:psc@vlaw-dc.com>; kstubbs@afilias.info<mailto:kstubbs@afilias.info>; paul.rosenzweig@redbranchconsulting.com<mailto:paul.rosenzweig@redbranchconsulting.com>; marilynscade@hotmail.com<mailto:marilynscade@hotmail.com>; brett.schaefer@heritage.org<mailto:brett.schaefer@heritage.org>; xavier.calvez@icann.org<mailto:xavier.calvez@icann.org> CC: cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>; accountability-cross-community@icann.org<mailto:accountability-cross-community@icann.org>; icann-board@icann.org<mailto:icann-board@icann.org>; executive-team@icann.org<mailto:executive-team@icann.org>; commsteam@icann.org<mailto:commsteam@icann.org>; community-finance@icann.org<mailto:community-finance@icann.org>; finance-staff@icann.org<mailto:finance-staff@icann.org> From: sam@lanfranco.net<mailto:sam@lanfranco.net> Date: Wed, 20 Jul 2016 12:23:12 -0400
As the non-lawyer economist here I would like to observe that the discussion has honed in on a specific enough question, one that has an ICANN definitive answer, and that it should be put both to the Board and the new CEO for a an answer and clarification. I previously worried that the ICANN DNS contract with .sucks seemed to verge on ICANN exposing itself to the RICO act in the U.S., given the .sucks marketing plan. Maybe I am overly cautious but as a not-for-profit corporation operating in the public interest ICANN is more than obliged to provide clarity here. Silence won't do.
Sam Lanfranco, NPOC/CSIH
On 7/20/2016 12:06 PM, Phil Corwin wrote: If the contract non-disclosure clause indeed violates IRS disclosure requirements then how could ICANN legal agree to it?
Philip S. Corwin, Founding Principal Virtualaw LLC 1155 F Street, NW Suite 1050 Washington, DC 20004 202-559-8597/Direct 202-559-8750/Fax 202-255-6172/Cell
Twitter: @VlawDC
"Luck is the residue of design" -- Branch Rickey
From: Ken Stubbs [mailto:kstubbs@afilias.info] Sent: Wednesday, July 20, 2016 11:37 AM To: Paul Rosenzweig; 'Marilyn Cade'; Phil Corwin; 'Schaefer, Brett'; 'Xavier J. Calvez' Cc: cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>; 'CCWG-Accountability'; icann-board@icann.org<mailto:icann-board@icann.org>; 'Executive Team'; 'COMMS Team'; community-finance@icann.org<mailto:community-finance@icann.org>; 'Finance Staff' Subject: Re: [community-finance] [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
I believe Lori is correct here. IRS requirements on disclosures are usually quite specific here
Ken Stubbs On 7/20/16 10:32, Lori Schulman wrote: I don’t believe that 501©3 orgs can consider any consulting fees confidential as the top fees are required to be reported on the 990.
Lori
Lori S. Schulman Senior Director, Internet Policy International Trademark Association (INTA) +1-202-704-0408, Skype: lsschulman
From: accountability-cross-community-bounces@icann.org<mailto:accountability-cross-community-bounces@icann.org> [mailto:accountability-cross-community-bounces@icann.org] On Behalf Of Paul Rosenzweig Sent: Wednesday, July 20, 2016 10:16 AM To: 'Marilyn Cade' <marilynscade@hotmail.com><mailto:marilynscade@hotmail.com>; 'Phil Corwin' <psc@vlaw-dc.com><mailto:psc@vlaw-dc.com>; 'Schaefer, Brett' <brett.schaefer@heritage.org><mailto:brett.schaefer@heritage.org>; 'Xavier J. Calvez' <xavier.calvez@icann.org><mailto:xavier.calvez@icann.org> Cc: cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>; 'CCWG-Accountability' <accountability-cross-community@icann.org><mailto:accountability-cross-community@icann.org>; icann-board@icann.org<mailto:icann-board@icann.org>; 'Executive Team' <executive-team@icann.org><mailto:executive-team@icann.org>; 'COMMS Team' <commsteam@icann.org><mailto:commsteam@icann.org>; community-finance@icann.org<mailto:community-finance@icann.org>; 'Finance Staff' <finance-staff@icann.org><mailto:finance-staff@icann.org> Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
I agree completely with Marilyn and Phil. I have been on both sides of non-disclosure agreements – both ones requested by me and ones requested by my clients. Typically, a client (in the position of ICANN) may request that a consultant sign an NDA so as to protect the confidentiality of its efforts or its intellectual property. Sometimes a consultant might have a proprietary methodology or process that they are using on behalf of the client that they wish to protect.
Neither circumstance applies here that I can see. And in no case that I am aware of has a client ever asked me to keep confidential my fee … I don’t broadcast them, but I’m in the private sector. For ICANN, which is an NGO acting in the global public interest, I cannot see any reason at all why ICANN would want or agree to a confidentiality arrangement as to the size of the fee paid.
Xavier – can you tell us what the rationale is? I may be missing something …..
Thanks Paul
Paul Rosenzweig paul.rosenzweig@redbranchconsulting.com<mailto:paul.rosenzweig@redbranchconsulting.com> O: +1 (202) 547-0660 M: +1 (202) 329-9650 VOIP: +1 (202) 738-1739 www.redbranchconsulting.com<http://www.redbranchconsulting.com/> My PGP Key: http://redbranchconsulting.com/who-we-are/public-pgp-key/
From: accountability-cross-community-bounces@icann.org<mailto:accountability-cross-community-bounces@icann.org> [mailto:accountability-cross-community-bounces@icann.org] On Behalf Of Marilyn Cade Sent: Wednesday, July 20, 2016 9:05 AM To: Phil Corwin <psc@vlaw-dc.com<mailto:psc@vlaw-dc.com>>; Schaefer, Brett <brett.schaefer@heritage.org<mailto:brett.schaefer@heritage.org>>; Xavier J. Calvez <xavier.calvez@icann.org<mailto:xavier.calvez@icann.org>> Cc: cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>; CCWG-Accountability <accountability-cross-community@icann.org<mailto:accountability-cross-community@icann.org>>; icann-board@icann.org<mailto:icann-board@icann.org>; Executive Team <executive-team@icann.org<mailto:executive-team@icann.org>>; COMMS Team <commsteam@icann.org<mailto:commsteam@icann.org>>; community-finance@icann.org<mailto:community-finance@icann.org>; Finance Staff <finance-staff@icann.org<mailto:finance-staff@icann.org>> Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
I support Phil's clarifying explanation.
I also think that anyone who is in this category, should have to declare if they re also representing companies in a SO/AC.
Or advising governments.
In the BC, we do not allow an ICANN consultant to be a BC member, regardless of the amount, but if someone is a backdoor advisor to ICANN and also a group of entities, in a SO/AC, that would not be so obvious, but I think that for integrity sake, of course, any such entity would recuse themselves from advising companies, while also advising ICANN.
And I would expect ICANN to disqualify such entities as their consultants.
Thanks, Phil, for this useful clarification.
M
From: psc@vlaw-dc.com<mailto:psc@vlaw-dc.com> To: Brett.Schaefer@heritage.org<mailto:Brett.Schaefer@heritage.org>; xavier.calvez@icann.org<mailto:xavier.calvez@icann.org> Date: Wed, 20 Jul 2016 00:48:08 +0000 CC: cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>; accountability-cross-community@icann.org<mailto:accountability-cross-community@icann.org>; icann-board@icann.org<mailto:icann-board@icann.org>; executive-team@icann.org<mailto:executive-team@icann.org>; commsteam@icann.org<mailto:commsteam@icann.org>; community-finance@icann.org<mailto:community-finance@icann.org>; finance-staff@icann.org<mailto:finance-staff@icann.org> Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update In the U.S. much of what used to be done by registered lobbyists is now performed by “strategic advisors” who walk right up to the line of what constitutes lobbying (and maybe a few inches over), and nonetheless facilitate door opening to key members of Congress and the Executive branch, and who “educate” rather than “lobby” members of both branches of government. So while the seven firms may not be engaged in what is considered lobbying under current U.S. law, they are still likely engaged in helping to assure officials outcomes desired by ICANN corporate.
It is for that reason – as well as for the exercise of effective oversight over ICANN budgeting and expenditures – that the community should have more data on this. If ICANN is prohibited by its contracts with these firms from disclosing its expenditures that is unfortunate – and in the future I would hope that ICANN would tell any firms being considered for such duties that its own transparency obligations to the community preclude it from agreeing to such restrictions (I’d wager that the majority of the firms would waive confidentiality rather than lose the contract).
At a minimum, ICANN should disclose the aggregate amounts spent with these seven firms since they were engaged – surely their contracts don’t bar such aggregate reporting.
Philip S. Corwin, Founding Principal Virtualaw LLC 1155 F Street, NW Suite 1050 Washington, DC 20004 202-559-8597/Direct 202-559-8750/Fax 202-255-6172/Cell
Twitter: @VlawDC
"Luck is the residue of design" -- Branch Rickey
From: accountability-cross-community-bounces@icann.org<mailto:accountability-cross-community-bounces@icann.org> [mailto:accountability-cross-community-bounces@icann.org] On Behalf Of Schaefer, Brett Sent: Tuesday, July 19, 2016 1:04 PM To: Xavier J. Calvez Cc: cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>; CCWG-Accountability; icann-board@icann.org<mailto:icann-board@icann.org>; Executive Team; COMMS Team; community-finance@icann.org<mailto:community-finance@icann.org>; Finance Staff Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Xavier,
Are you saying that ICANN’s contracts for Education/Engagement/Advice with (1) Albright Stonebridge Group LLC, (2) Edelman, (3) Interface Media, (4) Rice Hadley Gates LLC, (5) Summit Strategies International LLC, (6) WBC Global, and (7) Wiley Rein LLP each contain confidentiality provisions that prohibit ICANN from disclosing the specific amount paid to each of these individual vendors?
Does this only apply to the CCWG and the public or does it also apply to other parts of the ICANN community, specifically the Supporting Organizations and Advisory Committees?
Thank you for the link on lobbying disclosures. For those who are interested, here are ICANN’s lobbying expenditures based on the disclosure website of the U.S. Congress.
[cid:image001.png@01D1E67B.9D839FF0]
I do have a couple of additional questions. Would this source capture lobbying exclusively directed toward the US Executive Branch? Has ICANN spent any funds during this period lobbying governments other than the US?
Thank you,
Brett
Brett Schaefer Jay Kingham Senior Research Fellow in International Regulatory Affairs Margaret Thatcher Center for Freedom Davis Institute for National Security and Foreign Policy The Heritage Foundation 214 Massachusetts Avenue, NE Washington, DC 20002 202-608-6097 heritage.org<http://heritage.org/> From: Xavier J. Calvez [mailto:xavier.calvez@icann.org] Sent: Monday, July 18, 2016 6:30 PM To: Schaefer, Brett Cc: community-finance@icann.org<mailto:community-finance@icann.org>; cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>; CCWG-Accountability; Executive Team; COMMS Team; icann-board@icann.org<mailto:icann-board@icann.org>; Finance Staff Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Brett, Yes, the information I provided in my latest email had been included in some previous communication. I just wanted to make sure you had a clear visibility on this information, which provides for (i) categories of expenses, (ii) the individual names of the vendors grouped for each category, and (iii) the total value of the expenses for each category. With respect to the contractual obligations of confidentiality in commercial contracts, ICANN is subject to them, like all business organizations. That said, we disclose what we can consistent with standard business confidentiality provisions in vendor contracts. We cannot disclose the specific amount of spend with each vendor but we were able to disclose the names of the service providers engaged. Regarding the lobbying expenses, as you are aware, both organizations that hire lobbyists and firms that lobby on behalf of organizations are required under U.S. federal law to file lobbying disclosure reports. In addition to ICANN’s quarterly lobbying disclosures posted on our website, you can find the amounts ICANN has paid to individual outside lobbying firms at http://disclosures.house.gov/ld/ldsearch.aspx. I hope this helps and clarifies.
Thank you.
Best, Xavier
Xavier Calvez ICANN CFO 12025 Waterfront Drive, Suite 300 Los Angeles, CA 90094 Office : +1 (310) 301 5838 Mobile : +1 (805) 312 0052 Fax : +1 (310) 957-2348
From: "Schaefer, Brett" <Brett.Schaefer@heritage.org<mailto:Brett.Schaefer@heritage.org>> Date: Thursday, July 14, 2016 at 7:07 AM To: Xavier Calvez <xavier.calvez@icann.org<mailto:xavier.calvez@icann.org>> Cc: "community-finance@icann.org<mailto:community-finance@icann.org>" <community-finance@icann.org<mailto:community-finance@icann.org>>, "cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>" <cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>>, CCWG-Accountability <accountability-cross-community@icann.org<mailto:accountability-cross-community@icann.org>>, Executive Team <executive-team@icann.org<mailto:executive-team@icann.org>>, COMMS Team <commsteam@icann.org<mailto:commsteam@icann.org>>, "icann-board@icann.org<mailto:icann-board@icann.org>" <icann-board@icann.org<mailto:icann-board@icann.org>>, Finance Staff <finance-staff@icann.org<mailto:finance-staff@icann.org>> Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Xavier,
This is pretty much the same information that was provided before. I am asking for a breakdown of how much was paid to each vender in the lobbying category (Akin Gump, etc.) and the education/engagement/advice category (Albright Stoneridge, etc.).
Thank you,
Brett
On Jul 13, 2016, at 8:13 PM, Xavier J. Calvez <xavier.calvez@icann.org<mailto:xavier.calvez@icann.org>> wrote: Dear Brett, In response to your question listed below on 22 June: the detailed information provided on Other professional fees (other than legal fees, detailed in a separate section of the “Transition project cost” expense webpage, on the IANA Stewardship Transition webpage) can be found in the section called “Professional Services – Expenses Breakdown”. Within this section, you will find a link to a document that provides the list of Professional Services (other than legal fees) incurred, by category, with the names of the vendors, and the total amount of expenditures for the category. This link is copied below and was provided in my first answer to your question. I have also attached the file to which this link refers in case the link would not work for you. https://www.icann.org/en/system/files/files/iana-stewardship-expenses-profes... If this not addressing your question, please let me know.
Thank you.
Best, Xavier
Xavier Calvez ICANN CFO 12025 Waterfront Drive, Suite 300 Los Angeles, CA 90094 Office : +1 (310) 301 5838 Mobile : +1 (805) 312 0052 Fax : +1 (310) 957-2348
Brett Schaefer Jay Kingham Senior Research Fellow in International Regulatory Affairs Margaret Thatcher Center for Freedom Davis Institute for National Security and Foreign Policy The Heritage Foundation 214 Massachusetts Avenue, NE Washington, DC 20002 202-608-6097 heritage.org<http://heritage.org/> From: Xavier Calvez <xavier.calvez@icann.org<mailto:xavier.calvez@icann.org>> Date: Tuesday, July 12, 2016 at 9:45 AM To: "Schaefer, Brett" <Brett.Schaefer@heritage.org<mailto:Brett.Schaefer@heritage.org>>, "community-finance@icann.org<mailto:community-finance@icann.org>" <community-finance@icann.org<mailto:community-finance@icann.org>>, "cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>" <cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>>, CCWG-Accountability <accountability-cross-community@icann.org<mailto:accountability-cross-community@icann.org>> Cc: Executive Team <executive-team@icann.org<mailto:executive-team@icann.org>>, COMMS Team <commsteam@icann.org<mailto:commsteam@icann.org>>, "icann-board@icann.org<mailto:icann-board@icann.org>" <icann-board@icann.org<mailto:icann-board@icann.org>>, Finance Staff <finance-staff@icann.org<mailto:finance-staff@icann.org>> Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Brett, Thank you for following up. I will make sure to respond no later than the end of this week.
Thank you.
Best, Xavier
Xavier Calvez ICANN CFO 12025 Waterfront Drive, Suite 300 Los Angeles, CA 90094 Office : +1 (310) 301 5838 Mobile : +1 (805) 312 0052 Fax : +1 (310) 957-2348
From: "Schaefer, Brett" <Brett.Schaefer@heritage.org<mailto:Brett.Schaefer@heritage.org>> Date: Tuesday, July 12, 2016 at 11:38 AM To: Xavier Calvez <xavier.calvez@icann.org<mailto:xavier.calvez@icann.org>>, "community-finance@icann.org<mailto:community-finance@icann.org>" <community-finance@icann.org<mailto:community-finance@icann.org>>, "cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>" <cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>>, CCWG-Accountability <accountability-cross-community@icann.org<mailto:accountability-cross-community@icann.org>> Cc: Executive Team <executive-team@icann.org<mailto:executive-team@icann.org>>, COMMS Team <commsteam@icann.org<mailto:commsteam@icann.org>>, "icann-board@icann.org<mailto:icann-board@icann.org>" <icann-board@icann.org<mailto:icann-board@icann.org>>, Finance Staff <finance-staff@icann.org<mailto:finance-staff@icann.org>> Subject: RE: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Xavier,
Thanks for promising to get this information to me in Helsinki. Do you have an estimate for when it will be provided?
Thanks,
Brett
Brett Schaefer Jay Kingham Senior Research Fellow in International Regulatory Affairs Margaret Thatcher Center for Freedom Davis Institute for National Security and Foreign Policy The Heritage Foundation 214 Massachusetts Avenue, NE Washington, DC 20002 202-608-6097 heritage.org<http://heritage.org/> From: Schaefer, Brett Sent: Wednesday, June 22, 2016 2:39 PM To: 'Xavier J. Calvez'; community-finance@icann.org<mailto:community-finance@icann.org>; cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>; CCWG-Accountability Cc: Executive Team; COMMS Team; icann-board@icann.org<mailto:icann-board@icann.org>; Finance Staff Subject: RE: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Xavier,
I appreciate the detailed breakdown on the legal fees That is indeed what I was looking for though I would think it useful to have the totals provided in the summary document.
However, I did not see similar information for lobbying or education/ engagement/advice in the links provided. In fact, the only specific information that I saw listed is for Jamie Hedlund at $200,000. No information on other individual firms or vendors is listed at all – only the top line budget expenditure in the summary document link originally sent around.
Could you provide that information?
Thanks,
Brett
From: Xavier J. Calvez [mailto:xavier.calvez@icann.org] Sent: Wednesday, June 22, 2016 10:43 AM To: Schaefer, Brett; community-finance@icann.org<mailto:community-finance@icann.org>; cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>; CCWG-Accountability Cc: Executive Team; COMMS Team; icann-board@icann.org<mailto:icann-board@icann.org>; Finance Staff Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Dear all, It appears that the first link in my email further below (detail of legal fees by firm) does not resolve correctly. Please use the below instead. https://www.icann.org/en/system/files/files/iana-stewardship-expenses-legal-...
Thank you.
Best, Xavier
Xavier Calvez ICANN CFO 12025 Waterfront Drive, Suite 300 Los Angeles, CA 90094 Office : +1 (310) 301 5838 Mobile : +1 (805) 312 0052 Fax : +1 (310) 957-2348
From: Xavier Calvez <xavier.calvez@icann.org<mailto:xavier.calvez@icann.org>> Date: Wednesday, June 22, 2016 at 1:01 PM To: "Schaefer, Brett" <Brett.Schaefer@heritage.org<mailto:Brett.Schaefer@heritage.org>>, "community-finance@icann.org<mailto:community-finance@icann.org>" <community-finance@icann.org<mailto:community-finance@icann.org>>, "cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>" <cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>>, CCWG-Accountability <accountability-cross-community@icann.org<mailto:accountability-cross-community@icann.org>> Cc: Executive Team <executive-team@icann.org<mailto:executive-team@icann.org>>, COMMS Team <commsteam@icann.org<mailto:commsteam@icann.org>>, "icann-board@icann.org<mailto:icann-board@icann.org>" <icann-board@icann.org<mailto:icann-board@icann.org>>, Finance Staff <finance-staff@icann.org<mailto:finance-staff@icann.org>> Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Dear Brett, Thank you for your interest and question. We currently publish the list of all vendors from whom ICANN obtain services in relation to the IANA Stewardship transition. The $$ value of the services received is aggregated by category of expenses, which you mention below (US Government affairs, Education/engagement/advice,…). This presentation is driven by 2 factors: providing clarity as to the type of services received, and abiding by the contractual obligation of confidentiality in force with each of the vendors (resulting from standard business sensitive information). We do publish however the detail of the legal advice, by firm and by working group, on this same page (see for example the link to the report of fees by firm: https://www.icann.org/en/system/files/files/iana-stewardship-expenses-legal-firm-fy16-01jun16-en.pdf)<https://www.icann.org/en/system/files/files/iana-stewardship-expenses-legal-firm-fy16-01jun16-en.pdf%29>. You will also find more information relative to ICANN’s lobbying in the following blog published a few months ago. In this blog, you will also find links to the disclosure reports that ICANN makes on lobbying activities. https://www.icann.org/resources/pages/lobbying-disclosures-contributions-201.... Lastly, further information on lobbying appears in ICANN’s form 990 (Schedule C, Part II-B. On page 33/73 of the FY15 form 990 published at the following link): https://www.icann.org/en/system/files/files/fy-2015-form-990-10may16-en.pdf I hope this helps. Please let me know if you have further questions.
Thank you.
Best, Xavier
Xavier Calvez ICANN CFO 12025 Waterfront Drive, Suite 300 Los Angeles, CA 90094 Office : +1 (310) 301 5838 Mobile : +1 (805) 312 0052 Fax : +1 (310) 957-2348
From: "Schaefer, Brett" <Brett.Schaefer@heritage.org<mailto:Brett.Schaefer@heritage.org>> Date: Tuesday, June 21, 2016 at 9:54 PM To: Xavier Calvez <xavier.calvez@icann.org<mailto:xavier.calvez@icann.org>>, "community-finance@icann.org<mailto:community-finance@icann.org>" <community-finance@icann.org<mailto:community-finance@icann.org>>, "cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>" <cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>>, CCWG-Accountability <accountability-cross-community@icann.org<mailto:accountability-cross-community@icann.org>> Cc: Executive Team <executive-team@icann.org<mailto:executive-team@icann.org>>, COMMS Team <commsteam@icann.org<mailto:commsteam@icann.org>>, "icann-board@icann.org<mailto:icann-board@icann.org>" <icann-board@icann.org<mailto:icann-board@icann.org>>, Finance Staff <finance-staff@icann.org<mailto:finance-staff@icann.org>> Subject: RE: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Xavier,
Thank you. Could you please provide a more detailed breakdown of legal advice, US government affairs, and educations/engagement/advice? In each category, there are multiple firms/vendors listed (https://www.icann.org/en/system/files/files/iana-stewardship-expenses-profes...). I would appreciate the amount provided to each individual vendor. If it is provided somewhere, I would appreciate you letting me know where to find it.
Much appreciated,
Brett
Brett Schaefer Jay Kingham Senior Research Fellow in International Regulatory Affairs Margaret Thatcher Center for Freedom Davis Institute for National Security and Foreign Policy The Heritage Foundation 214 Massachusetts Avenue, NE Washington, DC 20002 202-608-6097 heritage.org<http://heritage.org/> From: accountability-cross-community-bounces@icann.org<mailto:accountability-cross-community-bounces@icann.org> [mailto:accountability-cross-community-bounces@icann.org] On Behalf Of Xavier J. Calvez Sent: Saturday, June 18, 2016 12:10 AM To: community-finance@icann.org<mailto:community-finance@icann.org>; cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>; CCWG-Accountability Cc: Executive Team; COMMS Team; icann-board@icann.org<mailto:icann-board@icann.org>; Finance Staff Subject: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Dear all, You find at the link below the updated project’s expenses as of FY16 Q3 (from July 2014 to March 2016). As indicated a few months ago, we have added new detailed information on the staff support with the individual positions, names and percentages of effort over the period.
https://www.icann.org/resources/pages/iana-stewardship-project-costs
Thank you.
Best, Xavier
Xavier Calvez ICANN CFO 12025 Waterfront Drive, Suite 300 Los Angeles, CA 90094 Office : +1 (310) 301 5838 Mobile : +1 (805) 312 0052 Fax : +1 (310) 957-2348
<iana-stewardship-expenses-professional-vendor-01jun16-en.pdf>
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Xavier,
I hope you are back in the office and recovered. I believe you said you would be providing this information when you returned?
Thanks,
Brett
Brett Schaefer Jay Kingham Senior Research Fellow in International Regulatory Affairs Margaret Thatcher Center for Freedom Davis Institute for National Security and Foreign Policy The Heritage Foundation 214 Massachusetts Avenue, NE Washington, DC 20002 202-608-6097 heritage.org<http://heritage.org/> From: accountability-cross-community-bounces@icann.org [mailto:accountability-cross-community-bounces@icann.org] On Behalf Of Schaefer, Brett Sent: Monday, July 25, 2016 2:29 PM To: Zakir Syed; Marilyn Cade; Sam Lanfranco; Phil Corwin; Ken Stubbs; Paul Rosenzweig; 'Xavier J. Calvez' Cc: cwg-stewardship@icann.org; 'CCWG-Accountability'; icann-board@icann.org; 'Executive Team'; 'COMMS Team'; community-finance@icann.org; 'Finance Staff' Subject: Re: [CCWG-ACCT] [community-finance] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Xavier,
Are you planning to answer the questions raised in this thread?
Thanks,
Brett
Brett Schaefer Jay Kingham Senior Research Fellow in International Regulatory Affairs Margaret Thatcher Center for Freedom Davis Institute for National Security and Foreign Policy The Heritage Foundation 214 Massachusetts Avenue, NE Washington, DC 20002 202-608-6097 heritage.org<http://heritage.org/> From: Zakir Syed [mailto:zakirbinrehman@yahoo.com] Sent: Friday, July 22, 2016 4:07 PM To: Marilyn Cade; Sam Lanfranco; Phil Corwin; Ken Stubbs; Paul Rosenzweig; Schaefer, Brett; 'Xavier J. Calvez' Cc: cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>; 'CCWG-Accountability'; icann-board@icann.org<mailto:icann-board@icann.org>; 'Executive Team'; 'COMMS Team'; community-finance@icann.org<mailto:community-finance@icann.org>; 'Finance Staff' Subject: Re: [CCWG-ACCT] [community-finance] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
This is very useful discussion particularly on this very list. Any idea, how are the consultants/contractors hired by ICANN?. If this is through an RFP/competitive bid thn may be the RFP will have the detail/requirement what is required which in other words will mean what the consultants do. Not?
Zakir
From: Marilyn Cade <marilynscade@hotmail.com<mailto:marilynscade@hotmail.com>> To: Sam Lanfranco <sam@lanfranco.net<mailto:sam@lanfranco.net>>; Phil Corwin <psc@vlaw-dc.com<mailto:psc@vlaw-dc.com>>; Ken Stubbs <kstubbs@afilias.info<mailto:kstubbs@afilias.info>>; Paul Rosenzweig <paul.rosenzweig@redbranchconsulting.com<mailto:paul.rosenzweig@redbranchconsulting.com>>; "'Schaefer, Brett'" <brett.schaefer@heritage.org<mailto:brett.schaefer@heritage.org>>; 'Xavier J. Calvez' <xavier.calvez@icann.org<mailto:xavier.calvez@icann.org>> Cc: "cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>" <cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>>; 'CCWG-Accountability' <accountability-cross-community@icann.org<mailto:accountability-cross-community@icann.org>>; "icann-board@icann.org<mailto:icann-board@icann.org>" <icann-board@icann.org<mailto:icann-board@icann.org>>; 'Executive Team' <executive-team@icann.org<mailto:executive-team@icann.org>>; 'COMMS Team' <commsteam@icann.org<mailto:commsteam@icann.org>>; "community-finance@icann.org<mailto:community-finance@icann.org>" <community-finance@icann.org<mailto:community-finance@icann.org>>; 'Finance Staff' <finance-staff@icann.org<mailto:finance-staff@icann.org>> Sent: Thursday, July 21, 2016 2:27 AM Subject: Re: [CCWG-ACCT] [community-finance] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
I'd like to stick to the topic we are discussing which is disclosure about 'advisors', and lobbyists, and not venture until the gTLDs contracts. I fear that would become a bog that is too unbounded, with some questioning the marketing plans of different gTLDs, like give aways, etc.
So, I ask that as this is the CCWG-ACCT, and the topic is about the amounts paid for consultants specifically working on the IANA transition -- and who they are -- and that they have only ICANN as a client, not also members of ICANN's community on directly related subjects -- we stick to that discussion.
All law firms in the US 'clear' conflicts before accepting a new client, and all corporations 'clear' their consultants. While this may be confidential in both these cases, I do agree that a public interest NGO, which is what ICANN is, can best serve itself, and the interest of the broader ICANN community by as much transparency as possible. BUT let's keep it high level and civil in our request for facts and figures.
As I like to say: Facts are our friends.
Of course, some issues have to be kept confidential.
Who the consultants are has been published, what they were paid would add to the transparency. What they do, at a high level, should be published as well. I will say again that I think that the work is probably much needed. I spend a lot of time -- without being paid -- explaining ICANN as I do my other IG work and it is is a worthwhile task and an important one if we are to demystify ICANN to RoW [Rest of World].
I am sure it is all above board, but it has now taken on a sort of taint of 'why not tell'.
Let's keep this high level and not make it a hunt for the details, but just get the high level facts, and make that a standard.
Will help us all.
M
Subject: Re: [CCWG-ACCT] [community-finance] IANA Stewardship Transition - Project Expenses - FY16 Q3 update To: psc@vlaw-dc.com<mailto:psc@vlaw-dc.com>; kstubbs@afilias.info<mailto:kstubbs@afilias.info>; paul.rosenzweig@redbranchconsulting.com<mailto:paul.rosenzweig@redbranchconsulting.com>; marilynscade@hotmail.com<mailto:marilynscade@hotmail.com>; brett.schaefer@heritage.org<mailto:brett.schaefer@heritage.org>; xavier.calvez@icann.org<mailto:xavier.calvez@icann.org> CC: cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>; accountability-cross-community@icann.org<mailto:accountability-cross-community@icann.org>; icann-board@icann.org<mailto:icann-board@icann.org>; executive-team@icann.org<mailto:executive-team@icann.org>; commsteam@icann.org<mailto:commsteam@icann.org>; community-finance@icann.org<mailto:community-finance@icann.org>; finance-staff@icann.org<mailto:finance-staff@icann.org> From: sam@lanfranco.net<mailto:sam@lanfranco.net> Date: Wed, 20 Jul 2016 12:23:12 -0400
As the non-lawyer economist here I would like to observe that the discussion has honed in on a specific enough question, one that has an ICANN definitive answer, and that it should be put both to the Board and the new CEO for a an answer and clarification. I previously worried that the ICANN DNS contract with .sucks seemed to verge on ICANN exposing itself to the RICO act in the U.S., given the .sucks marketing plan. Maybe I am overly cautious but as a not-for-profit corporation operating in the public interest ICANN is more than obliged to provide clarity here. Silence won't do.
Sam Lanfranco, NPOC/CSIH On 7/20/2016 12:06 PM, Phil Corwin wrote: If the contract non-disclosure clause indeed violates IRS disclosure requirements then how could ICANN legal agree to it?
Philip S. Corwin, Founding Principal Virtualaw LLC 1155 F Street, NW Suite 1050 Washington, DC 20004 202-559-8597/Direct 202-559-8750/Fax 202-255-6172/Cell
Twitter: @VlawDC
"Luck is the residue of design" -- Branch Rickey
From: Ken Stubbs [mailto:kstubbs@afilias.info] Sent: Wednesday, July 20, 2016 11:37 AM To: Paul Rosenzweig; 'Marilyn Cade'; Phil Corwin; 'Schaefer, Brett'; 'Xavier J. Calvez' Cc: cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>; 'CCWG-Accountability'; icann-board@icann.org<mailto:icann-board@icann.org>; 'Executive Team'; 'COMMS Team'; community-finance@icann.org<mailto:community-finance@icann.org>; 'Finance Staff' Subject: Re: [community-finance] [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
I believe Lori is correct here. IRS requirements on disclosures are usually quite specific here
Ken Stubbs On 7/20/16 10:32, Lori Schulman wrote: I don’t believe that 501©3 orgs can consider any consulting fees confidential as the top fees are required to be reported on the 990.
Lori
Lori S. Schulman Senior Director, Internet Policy International Trademark Association (INTA) +1-202-704-0408, Skype: lsschulman
From: accountability-cross-community-bounces@icann.org<mailto:accountability-cross-community-bounces@icann.org> [mailto:accountability-cross-community-bounces@icann.org] On Behalf Of Paul Rosenzweig Sent: Wednesday, July 20, 2016 10:16 AM To: 'Marilyn Cade' <marilynscade@hotmail.com><mailto:marilynscade@hotmail.com>; 'Phil Corwin' <psc@vlaw-dc.com><mailto:psc@vlaw-dc.com>; 'Schaefer, Brett' <brett.schaefer@heritage.org><mailto:brett.schaefer@heritage.org>; 'Xavier J. Calvez' <xavier.calvez@icann.org><mailto:xavier.calvez@icann.org> Cc: cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>; 'CCWG-Accountability' <accountability-cross-community@icann.org><mailto:accountability-cross-community@icann.org>; icann-board@icann.org<mailto:icann-board@icann.org>; 'Executive Team' <executive-team@icann.org><mailto:executive-team@icann.org>; 'COMMS Team' <commsteam@icann.org><mailto:commsteam@icann.org>; community-finance@icann.org<mailto:community-finance@icann.org>; 'Finance Staff' <finance-staff@icann.org><mailto:finance-staff@icann.org> Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
I agree completely with Marilyn and Phil. I have been on both sides of non-disclosure agreements – both ones requested by me and ones requested by my clients. Typically, a client (in the position of ICANN) may request that a consultant sign an NDA so as to protect the confidentiality of its efforts or its intellectual property. Sometimes a consultant might have a proprietary methodology or process that they are using on behalf of the client that they wish to protect.
Neither circumstance applies here that I can see. And in no case that I am aware of has a client ever asked me to keep confidential my fee … I don’t broadcast them, but I’m in the private sector. For ICANN, which is an NGO acting in the global public interest, I cannot see any reason at all why ICANN would want or agree to a confidentiality arrangement as to the size of the fee paid.
Xavier – can you tell us what the rationale is? I may be missing something …..
Thanks Paul
Paul Rosenzweig paul.rosenzweig@redbranchconsulting.com<mailto:paul.rosenzweig@redbranchconsulting.com> O: +1 (202) 547-0660 M: +1 (202) 329-9650 VOIP: +1 (202) 738-1739 www.redbranchconsulting.com<http://www.redbranchconsulting.com/> My PGP Key: http://redbranchconsulting.com/who-we-are/public-pgp-key/<http://redbranchconsulting.com/who-we-are/public-pgp-key/>
From: accountability-cross-community-bounces@icann.org<mailto:accountability-cross-community-bounces@icann.org> [mailto:accountability-cross-community-bounces@icann.org] On Behalf Of Marilyn Cade Sent: Wednesday, July 20, 2016 9:05 AM To: Phil Corwin <psc@vlaw-dc.com<mailto:psc@vlaw-dc.com>>; Schaefer, Brett <brett.schaefer@heritage.org<mailto:brett.schaefer@heritage.org>>; Xavier J. Calvez <xavier.calvez@icann.org<mailto:xavier.calvez@icann.org>> Cc: cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>; CCWG-Accountability <accountability-cross-community@icann.org<mailto:accountability-cross-community@icann.org>>; icann-board@icann.org<mailto:icann-board@icann.org>; Executive Team <executive-team@icann.org<mailto:executive-team@icann.org>>; COMMS Team <commsteam@icann.org<mailto:commsteam@icann.org>>; community-finance@icann.org<mailto:community-finance@icann.org>; Finance Staff <finance-staff@icann.org<mailto:finance-staff@icann.org>> Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
I support Phil's clarifying explanation.
I also think that anyone who is in this category, should have to declare if they re also representing companies in a SO/AC.
Or advising governments.
In the BC, we do not allow an ICANN consultant to be a BC member, regardless of the amount, but if someone is a backdoor advisor to ICANN and also a group of entities, in a SO/AC, that would not be so obvious, but I think that for integrity sake, of course, any such entity would recuse themselves from advising companies, while also advising ICANN.
And I would expect ICANN to disqualify such entities as their consultants.
Thanks, Phil, for this useful clarification.
M
From: psc@vlaw-dc.com<mailto:psc@vlaw-dc.com> To: Brett.Schaefer@heritage.org<mailto:Brett.Schaefer@heritage.org>; xavier.calvez@icann.org<mailto:xavier.calvez@icann.org> Date: Wed, 20 Jul 2016 00:48:08 +0000 CC: cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>; accountability-cross-community@icann.org<mailto:accountability-cross-community@icann.org>; icann-board@icann.org<mailto:icann-board@icann.org>; executive-team@icann.org<mailto:executive-team@icann.org>; commsteam@icann.org<mailto:commsteam@icann.org>; community-finance@icann.org<mailto:community-finance@icann.org>; finance-staff@icann.org<mailto:finance-staff@icann.org> Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update In the U.S. much of what used to be done by registered lobbyists is now performed by “strategic advisors” who walk right up to the line of what constitutes lobbying (and maybe a few inches over), and nonetheless facilitate door opening to key members of Congress and the Executive branch, and who “educate” rather than “lobby” members of both branches of government. So while the seven firms may not be engaged in what is considered lobbying under current U.S. law, they are still likely engaged in helping to assure officials outcomes desired by ICANN corporate.
It is for that reason – as well as for the exercise of effective oversight over ICANN budgeting and expenditures – that the community should have more data on this. If ICANN is prohibited by its contracts with these firms from disclosing its expenditures that is unfortunate – and in the future I would hope that ICANN would tell any firms being considered for such duties that its own transparency obligations to the community preclude it from agreeing to such restrictions (I’d wager that the majority of the firms would waive confidentiality rather than lose the contract).
At a minimum, ICANN should disclose the aggregate amounts spent with these seven firms since they were engaged – surely their contracts don’t bar such aggregate reporting.
Philip S. Corwin, Founding Principal Virtualaw LLC 1155 F Street, NW Suite 1050 Washington, DC 20004 202-559-8597/Direct 202-559-8750/Fax 202-255-6172/Cell
Twitter: @VlawDC
"Luck is the residue of design" -- Branch Rickey
From: accountability-cross-community-bounces@icann.org<mailto:accountability-cross-community-bounces@icann.org> [mailto:accountability-cross-community-bounces@icann.org] On Behalf Of Schaefer, Brett Sent: Tuesday, July 19, 2016 1:04 PM To: Xavier J. Calvez Cc: cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>; CCWG-Accountability; icann-board@icann.org<mailto:icann-board@icann.org>; Executive Team; COMMS Team; community-finance@icann.org<mailto:community-finance@icann.org>; Finance Staff Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Xavier,
Are you saying that ICANN’s contracts for Education/Engagement/Advice with (1) Albright Stonebridge Group LLC, (2) Edelman, (3) Interface Media, (4) Rice Hadley Gates LLC, (5) Summit Strategies International LLC, (6) WBC Global, and (7) Wiley Rein LLP each contain confidentiality provisions that prohibit ICANN from disclosing the specific amount paid to each of these individual vendors?
Does this only apply to the CCWG and the public or does it also apply to other parts of the ICANN community, specifically the Supporting Organizations and Advisory Committees?
Thank you for the link on lobbying disclosures. For those who are interested, here are ICANN’s lobbying expenditures based on the disclosure website of the U.S. Congress.
[cid:image001.png@01D1ED8C.A2494450]
I do have a couple of additional questions. Would this source capture lobbying exclusively directed toward the US Executive Branch? Has ICANN spent any funds during this period lobbying governments other than the US?
Thank you,
Brett
Brett Schaefer Jay Kingham Senior Research Fellow in International Regulatory Affairs Margaret Thatcher Center for Freedom Davis Institute for National Security and Foreign Policy The Heritage Foundation 214 Massachusetts Avenue, NE Washington, DC 20002 202-608-6097 heritage.org<http://heritage.org/> From: Xavier J. Calvez [mailto:xavier.calvez@icann.org] Sent: Monday, July 18, 2016 6:30 PM To: Schaefer, Brett Cc: community-finance@icann.org<mailto:community-finance@icann.org>; cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>; CCWG-Accountability; Executive Team; COMMS Team; icann-board@icann.org<mailto:icann-board@icann.org>; Finance Staff Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Brett, Yes, the information I provided in my latest email had been included in some previous communication. I just wanted to make sure you had a clear visibility on this information, which provides for (i) categories of expenses, (ii) the individual names of the vendors grouped for each category, and (iii) the total value of the expenses for each category. With respect to the contractual obligations of confidentiality in commercial contracts, ICANN is subject to them, like all business organizations. That said, we disclose what we can consistent with standard business confidentiality provisions in vendor contracts. We cannot disclose the specific amount of spend with each vendor but we were able to disclose the names of the service providers engaged. Regarding the lobbying expenses, as you are aware, both organizations that hire lobbyists and firms that lobby on behalf of organizations are required under U.S. federal law to file lobbying disclosure reports. In addition to ICANN’s quarterly lobbying disclosures posted on our website, you can find the amounts ICANN has paid to individual outside lobbying firms at http://disclosures.house.gov/ld/ldsearch.aspx<http://disclosures.house.gov/ld/ldsearch.aspx>. I hope this helps and clarifies.
Thank you.
Best, Xavier
Xavier Calvez ICANN CFO 12025 Waterfront Drive, Suite 300 Los Angeles, CA 90094 Office : +1 (310) 301 5838 Mobile : +1 (805) 312 0052 Fax : +1 (310) 957-2348
From: "Schaefer, Brett" <Brett.Schaefer@heritage.org<mailto:Brett.Schaefer@heritage.org>> Date: Thursday, July 14, 2016 at 7:07 AM To: Xavier Calvez <xavier.calvez@icann.org<mailto:xavier.calvez@icann.org>> Cc: "community-finance@icann.org<mailto:community-finance@icann.org>" <community-finance@icann.org<mailto:community-finance@icann.org>>, "cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>" <cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>>, CCWG-Accountability <accountability-cross-community@icann.org<mailto:accountability-cross-community@icann.org>>, Executive Team <executive-team@icann.org<mailto:executive-team@icann.org>>, COMMS Team <commsteam@icann.org<mailto:commsteam@icann.org>>, "icann-board@icann.org<mailto:icann-board@icann.org>" <icann-board@icann.org<mailto:icann-board@icann.org>>, Finance Staff <finance-staff@icann.org<mailto:finance-staff@icann.org>> Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Xavier,
This is pretty much the same information that was provided before. I am asking for a breakdown of how much was paid to each vender in the lobbying category (Akin Gump, etc.) and the education/engagement/advice category (Albright Stoneridge, etc.).
Thank you,
Brett
On Jul 13, 2016, at 8:13 PM, Xavier J. Calvez <xavier.calvez@icann.org<mailto:xavier.calvez@icann.org>> wrote: Dear Brett, In response to your question listed below on 22 June: the detailed information provided on Other professional fees (other than legal fees, detailed in a separate section of the “Transition project cost” expense webpage, on the IANA Stewardship Transition webpage) can be found in the section called “Professional Services – Expenses Breakdown”. Within this section, you will find a link to a document that provides the list of Professional Services (other than legal fees) incurred, by category, with the names of the vendors, and the total amount of expenditures for the category. This link is copied below and was provided in my first answer to your question. I have also attached the file to which this link refers in case the link would not work for you. https://www.icann.org/en/system/files/files/iana-stewardship-expenses-professional-vendor-01jun16-en.pdf<https://www.icann.org/en/system/files/files/iana-stewardship-expenses-professional-vendor-01jun16-en.pdf> If this not addressing your question, please let me know.
Thank you.
Best, Xavier
Xavier Calvez ICANN CFO 12025 Waterfront Drive, Suite 300 Los Angeles, CA 90094 Office : +1 (310) 301 5838 Mobile : +1 (805) 312 0052 Fax : +1 (310) 957-2348
Brett Schaefer Jay Kingham Senior Research Fellow in International Regulatory Affairs Margaret Thatcher Center for Freedom Davis Institute for National Security and Foreign Policy The Heritage Foundation 214 Massachusetts Avenue, NE Washington, DC 20002 202-608-6097 heritage.org<http://heritage.org/> From: Xavier Calvez <xavier.calvez@icann.org<mailto:xavier.calvez@icann.org>> Date: Tuesday, July 12, 2016 at 9:45 AM To: "Schaefer, Brett" <Brett.Schaefer@heritage.org<mailto:Brett.Schaefer@heritage.org>>, "community-finance@icann.org<mailto:community-finance@icann.org>" <community-finance@icann.org<mailto:community-finance@icann.org>>, "cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>" <cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>>, CCWG-Accountability <accountability-cross-community@icann.org<mailto:accountability-cross-community@icann.org>> Cc: Executive Team <executive-team@icann.org<mailto:executive-team@icann.org>>, COMMS Team <commsteam@icann.org<mailto:commsteam@icann.org>>, "icann-board@icann.org<mailto:icann-board@icann.org>" <icann-board@icann.org<mailto:icann-board@icann.org>>, Finance Staff <finance-staff@icann.org<mailto:finance-staff@icann.org>> Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Brett, Thank you for following up. I will make sure to respond no later than the end of this week.
Thank you.
Best, Xavier
Xavier Calvez ICANN CFO 12025 Waterfront Drive, Suite 300 Los Angeles, CA 90094 Office : +1 (310) 301 5838 Mobile : +1 (805) 312 0052 Fax : +1 (310) 957-2348
From: "Schaefer, Brett" <Brett.Schaefer@heritage.org<mailto:Brett.Schaefer@heritage.org>> Date: Tuesday, July 12, 2016 at 11:38 AM To: Xavier Calvez <xavier.calvez@icann.org<mailto:xavier.calvez@icann.org>>, "community-finance@icann.org<mailto:community-finance@icann.org>" <community-finance@icann.org<mailto:community-finance@icann.org>>, "cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>" <cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>>, CCWG-Accountability <accountability-cross-community@icann.org<mailto:accountability-cross-community@icann.org>> Cc: Executive Team <executive-team@icann.org<mailto:executive-team@icann.org>>, COMMS Team <commsteam@icann.org<mailto:commsteam@icann.org>>, "icann-board@icann.org<mailto:icann-board@icann.org>" <icann-board@icann.org<mailto:icann-board@icann.org>>, Finance Staff <finance-staff@icann.org<mailto:finance-staff@icann.org>> Subject: RE: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Xavier,
Thanks for promising to get this information to me in Helsinki. Do you have an estimate for when it will be provided?
Thanks,
Brett
Brett Schaefer Jay Kingham Senior Research Fellow in International Regulatory Affairs Margaret Thatcher Center for Freedom Davis Institute for National Security and Foreign Policy The Heritage Foundation 214 Massachusetts Avenue, NE Washington, DC 20002 202-608-6097 heritage.org<http://heritage.org/> From: Schaefer, Brett Sent: Wednesday, June 22, 2016 2:39 PM To: 'Xavier J. Calvez'; community-finance@icann.org<mailto:community-finance@icann.org>; cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>; CCWG-Accountability Cc: Executive Team; COMMS Team; icann-board@icann.org<mailto:icann-board@icann.org>; Finance Staff Subject: RE: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Xavier,
I appreciate the detailed breakdown on the legal fees That is indeed what I was looking for though I would think it useful to have the totals provided in the summary document.
However, I did not see similar information for lobbying or education/ engagement/advice in the links provided. In fact, the only specific information that I saw listed is for Jamie Hedlund at $200,000. No information on other individual firms or vendors is listed at all – only the top line budget expenditure in the summary document link originally sent around.
Could you provide that information?
Thanks,
Brett
From: Xavier J. Calvez [mailto:xavier.calvez@icann.org] Sent: Wednesday, June 22, 2016 10:43 AM To: Schaefer, Brett; community-finance@icann.org<mailto:community-finance@icann.org>; cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>; CCWG-Accountability Cc: Executive Team; COMMS Team; icann-board@icann.org<mailto:icann-board@icann.org>; Finance Staff Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Dear all, It appears that the first link in my email further below (detail of legal fees by firm) does not resolve correctly. Please use the below instead. https://www.icann.org/en/system/files/files/iana-stewardship-expenses-legal-firm-fy16-01jun16-en.pdf<https://www.icann.org/en/system/files/files/iana-stewardship-expenses-legal-firm-fy16-01jun16-en.pdf>
Thank you.
Best, Xavier
Xavier Calvez ICANN CFO 12025 Waterfront Drive, Suite 300 Los Angeles, CA 90094 Office : +1 (310) 301 5838 Mobile : +1 (805) 312 0052 Fax : +1 (310) 957-2348
From: Xavier Calvez <xavier.calvez@icann.org<mailto:xavier.calvez@icann.org>> Date: Wednesday, June 22, 2016 at 1:01 PM To: "Schaefer, Brett" <Brett.Schaefer@heritage.org<mailto:Brett.Schaefer@heritage.org>>, "community-finance@icann.org<mailto:community-finance@icann.org>" <community-finance@icann.org<mailto:community-finance@icann.org>>, "cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>" <cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>>, CCWG-Accountability <accountability-cross-community@icann.org<mailto:accountability-cross-community@icann.org>> Cc: Executive Team <executive-team@icann.org<mailto:executive-team@icann.org>>, COMMS Team <commsteam@icann.org<mailto:commsteam@icann.org>>, "icann-board@icann.org<mailto:icann-board@icann.org>" <icann-board@icann.org<mailto:icann-board@icann.org>>, Finance Staff <finance-staff@icann.org<mailto:finance-staff@icann.org>> Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Dear Brett, Thank you for your interest and question. We currently publish the list of all vendors from whom ICANN obtain services in relation to the IANA Stewardship transition. The $$ value of the services received is aggregated by category of expenses, which you mention below (US Government affairs, Education/engagement/advice,…). This presentation is driven by 2 factors: providing clarity as to the type of services received, and abiding by the contractual obligation of confidentiality in force with each of the vendors (resulting from standard business sensitive information). We do publish however the detail of the legal advice, by firm and by working group, on this same page (see for example the link to the report of fees by firm: https://www.icann.org/en/system/files/files/iana-stewardship-expenses-legal-firm-fy16-01jun16-en.pdf)<https://www.icann.org/en/system/files/files/iana-stewardship-expenses-legal-firm-fy16-01jun16-en.pdf%29>. You will also find more information relative to ICANN’s lobbying in the following blog published a few months ago. In this blog, you will also find links to the disclosure reports that ICANN makes on lobbying activities. https://www.icann.org/resources/pages/lobbying-disclosures-contributions-2015-11-18-en<https://www.icann.org/resources/pages/lobbying-disclosures-contributions-2015-11-18-en>. Lastly, further information on lobbying appears in ICANN’s form 990 (Schedule C, Part II-B. On page 33/73 of the FY15 form 990 published at the following link): https://www.icann.org/en/system/files/files/fy-2015-form-990-10may16-en.pdf<https://www.icann.org/en/system/files/files/fy-2015-form-990-10may16-en.pdf> I hope this helps. Please let me know if you have further questions.
Thank you.
Best, Xavier
Xavier Calvez ICANN CFO 12025 Waterfront Drive, Suite 300 Los Angeles, CA 90094 Office : +1 (310) 301 5838 Mobile : +1 (805) 312 0052 Fax : +1 (310) 957-2348
From: "Schaefer, Brett" <Brett.Schaefer@heritage.org<mailto:Brett.Schaefer@heritage.org>> Date: Tuesday, June 21, 2016 at 9:54 PM To: Xavier Calvez <xavier.calvez@icann.org<mailto:xavier.calvez@icann.org>>, "community-finance@icann.org<mailto:community-finance@icann.org>" <community-finance@icann.org<mailto:community-finance@icann.org>>, "cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>" <cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>>, CCWG-Accountability <accountability-cross-community@icann.org<mailto:accountability-cross-community@icann.org>> Cc: Executive Team <executive-team@icann.org<mailto:executive-team@icann.org>>, COMMS Team <commsteam@icann.org<mailto:commsteam@icann.org>>, "icann-board@icann.org<mailto:icann-board@icann.org>" <icann-board@icann.org<mailto:icann-board@icann.org>>, Finance Staff <finance-staff@icann.org<mailto:finance-staff@icann.org>> Subject: RE: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Xavier,
Thank you. Could you please provide a more detailed breakdown of legal advice, US government affairs, and educations/engagement/advice? In each category, there are multiple firms/vendors listed (https://www.icann.org/en/system/files/files/iana-stewardship-expenses-professional-vendor-01jun16-en.pdf<https://www.icann.org/en/system/files/files/iana-stewardship-expenses-professional-vendor-01jun16-en.pdf>). I would appreciate the amount provided to each individual vendor. If it is provided somewhere, I would appreciate you letting me know where to find it.
Much appreciated,
Brett
Brett Schaefer Jay Kingham Senior Research Fellow in International Regulatory Affairs Margaret Thatcher Center for Freedom Davis Institute for National Security and Foreign Policy The Heritage Foundation 214 Massachusetts Avenue, NE Washington, DC 20002 202-608-6097 heritage.org<http://heritage.org/> From: accountability-cross-community-bounces@icann.org<mailto:accountability-cross-community-bounces@icann.org> [mailto:accountability-cross-community-bounces@icann.org] On Behalf Of Xavier J. Calvez Sent: Saturday, June 18, 2016 12:10 AM To: community-finance@icann.org<mailto:community-finance@icann.org>; cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>; CCWG-Accountability Cc: Executive Team; COMMS Team; icann-board@icann.org<mailto:icann-board@icann.org>; Finance Staff Subject: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Dear all, You find at the link below the updated project’s expenses as of FY16 Q3 (from July 2014 to March 2016). As indicated a few months ago, we have added new detailed information on the staff support with the individual positions, names and percentages of effort over the period.
Thank you.
Best, Xavier
Xavier Calvez ICANN CFO 12025 Waterfront Drive, Suite 300 Los Angeles, CA 90094 Office : +1 (310) 301 5838 Mobile : +1 (805) 312 0052 Fax : +1 (310) 957-2348
<iana-stewardship-expenses-professional-vendor-01jun16-en.pdf>
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Brett,
Thank you for following. I apologize for the delay in responding. I am close and hope to send an email response by the end of tomorrow, if not earlier. As you all know, we are working hard on the IANA stewardship transition implementation plan and have many critical deliverables with due dates every week, which consume a lot of our time.
This is not to say that this topic is not fundamentally important, it is, but there are simply other urgent and important activities that we are attending to at the same time.
Thank you.
Best,
Xavier
Xavier Calvez
ICANN
CFO
12025 Waterfront Drive, Suite 300
Los Angeles, CA 90094
Office : +1 (310) 301 5838
Mobile : +1 (805) 312 0052
Fax : +1 (310) 957-2348
From: "Schaefer, Brett" <Brett.Schaefer@heritage.org> Date: Wednesday, August 3, 2016 at 10:40 AM To: "Schaefer, Brett" <Brett.Schaefer@heritage.org>, Zakir Syed <zakirbinrehman@yahoo.com>, Marilyn Cade <marilynscade@hotmail.com>, Sam Lanfranco <sam@lanfranco.net>, Phil Corwin <psc@vlaw-dc.com>, Ken Stubbs <kstubbs@afilias.info>, Paul Rosenzweig <paul.rosenzweig@redbranchconsulting.com>, Xavier Calvez <xavier.calvez@icann.org> Cc: "cwg-stewardship@icann.org" <cwg-stewardship@icann.org>, 'CCWG-Accountability' <accountability-cross-community@icann.org>, "icann-board@icann.org" <icann-board@icann.org>, Executive Team <executive-team@icann.org>, COMMS Team <commsteam@icann.org>, "community-finance@icann.org" <community-finance@icann.org>, Finance Staff <finance-staff@icann.org> Subject: RE: [CCWG-ACCT] [community-finance] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Xavier,
I hope you are back in the office and recovered. I believe you said you would be providing this information when you returned?
Thanks,
Brett
Brett Schaefer Jay Kingham Senior Research Fellow in International Regulatory Affairs Margaret Thatcher Center for Freedom Davis Institute for National Security and Foreign Policy The Heritage Foundation 214 Massachusetts Avenue, NE Washington, DC 20002 202-608-6097 heritage.org
From: accountability-cross-community-bounces@icann.org [mailto:accountability-cross-community-bounces@icann.org] On Behalf Of Schaefer, Brett Sent: Monday, July 25, 2016 2:29 PM To: Zakir Syed; Marilyn Cade; Sam Lanfranco; Phil Corwin; Ken Stubbs; Paul Rosenzweig; 'Xavier J. Calvez' Cc: cwg-stewardship@icann.org; 'CCWG-Accountability'; icann-board@icann.org; 'Executive Team'; 'COMMS Team'; community-finance@icann.org; 'Finance Staff' Subject: Re: [CCWG-ACCT] [community-finance] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Xavier,
Are you planning to answer the questions raised in this thread?
Thanks,
Brett
Brett Schaefer Jay Kingham Senior Research Fellow in International Regulatory Affairs Margaret Thatcher Center for Freedom Davis Institute for National Security and Foreign Policy The Heritage Foundation 214 Massachusetts Avenue, NE Washington, DC 20002 202-608-6097 heritage.org
From: Zakir Syed [mailto:zakirbinrehman@yahoo.com] Sent: Friday, July 22, 2016 4:07 PM To: Marilyn Cade; Sam Lanfranco; Phil Corwin; Ken Stubbs; Paul Rosenzweig; Schaefer, Brett; 'Xavier J. Calvez' Cc: cwg-stewardship@icann.org; 'CCWG-Accountability'; icann-board@icann.org; 'Executive Team'; 'COMMS Team'; community-finance@icann.org; 'Finance Staff' Subject: Re: [CCWG-ACCT] [community-finance] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
This is very useful discussion particularly on this very list. Any idea, how are the consultants/contractors hired by ICANN?. If this is through an RFP/competitive bid thn may be the RFP will have the detail/requirement what is required which in other words will mean what the consultants do. Not?
Zakir
From: Marilyn Cade <marilynscade@hotmail.com> To: Sam Lanfranco <sam@lanfranco.net>; Phil Corwin <psc@vlaw-dc.com>; Ken Stubbs <kstubbs@afilias.info>; Paul Rosenzweig <paul.rosenzweig@redbranchconsulting.com>; "'Schaefer, Brett'" <brett.schaefer@heritage.org>; 'Xavier J. Calvez' <xavier.calvez@icann.org> Cc: "cwg-stewardship@icann.org" <cwg-stewardship@icann.org>; 'CCWG-Accountability' <accountability-cross-community@icann.org>; "icann-board@icann.org" <icann-board@icann.org>; 'Executive Team' <executive-team@icann.org>; 'COMMS Team' <commsteam@icann.org>; "community-finance@icann.org" <community-finance@icann.org>; 'Finance Staff' <finance-staff@icann.org> Sent: Thursday, July 21, 2016 2:27 AM Subject: Re: [CCWG-ACCT] [community-finance] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
I'd like to stick to the topic we are discussing which is disclosure about 'advisors', and lobbyists, and not venture until the gTLDs contracts. I fear that would become a bog that is too unbounded, with some questioning the marketing plans of different gTLDs, like give aways, etc.
So, I ask that as this is the CCWG-ACCT, and the topic is about the amounts paid for consultants specifically working on the IANA transition -- and who they are -- and that they have only ICANN as a client, not also members of ICANN's community on directly related subjects -- we stick to that discussion.
All law firms in the US 'clear' conflicts before accepting a new client, and all corporations 'clear' their consultants. While this may be confidential in both these cases, I do agree that a public interest NGO, which is what ICANN is, can best serve itself, and the interest of the broader ICANN community by as much transparency as possible. BUT let's keep it high level and civil in our request for facts and figures.
As I like to say: Facts are our friends.
Of course, some issues have to be kept confidential.
Who the consultants are has been published, what they were paid would add to the transparency. What they do, at a high level, should be published as well. I will say again that I think that the work is probably much needed. I spend a lot of time -- without being paid -- explaining ICANN as I do my other IG work and it is is a worthwhile task and an important one if we are to demystify ICANN to RoW [Rest of World].
I am sure it is all above board, but it has now taken on a sort of taint of 'why not tell'.
Let's keep this high level and not make it a hunt for the details, but just get the high level facts, and make that a standard.
Will help us all.
M
Subject: Re: [CCWG-ACCT] [community-finance] IANA Stewardship Transition - Project Expenses - FY16 Q3 update To: psc@vlaw-dc.com; kstubbs@afilias.info; paul.rosenzweig@redbranchconsulting.com; marilynscade@hotmail.com; brett.schaefer@heritage.org; xavier.calvez@icann.org CC: cwg-stewardship@icann.org; accountability-cross-community@icann.org; icann-board@icann.org; executive-team@icann.org; commsteam@icann.org; community-finance@icann.org; finance-staff@icann.org From: sam@lanfranco.net Date: Wed, 20 Jul 2016 12:23:12 -0400
As the non-lawyer economist here I would like to observe that the discussion has honed in on a specific enough question, one that has an ICANN definitive answer, and that it should be put both to the Board and the new CEO for a an answer and clarification. I previously worried that the ICANN DNS contract with .sucks seemed to verge on ICANN exposing itself to the RICO act in the U.S., given the .sucks marketing plan. Maybe I am overly cautious but as a not-for-profit corporation operating in the public interest ICANN is more than obliged to provide clarity here. Silence won't do.
Sam Lanfranco, NPOC/CSIH
On 7/20/2016 12:06 PM, Phil Corwin wrote:
If the contract non-disclosure clause indeed violates IRS disclosure requirements then how could ICANN legal agree to it?
Philip S. Corwin, Founding Principal
Virtualaw LLC
1155 F Street, NW
Suite 1050
Washington, DC 20004
202-559-8597/Direct
202-559-8750/Fax
202-255-6172/Cell
Twitter: @VlawDC
"Luck is the residue of design" -- Branch Rickey
From: Ken Stubbs [mailto:kstubbs@afilias.info] Sent: Wednesday, July 20, 2016 11:37 AM To: Paul Rosenzweig; 'Marilyn Cade'; Phil Corwin; 'Schaefer, Brett'; 'Xavier J. Calvez' Cc: cwg-stewardship@icann.org; 'CCWG-Accountability'; icann-board@icann.org; 'Executive Team'; 'COMMS Team'; community-finance@icann.org; 'Finance Staff' Subject: Re: [community-finance] [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
I believe Lori is correct here. IRS requirements on disclosures are usually quite specific here
Ken Stubbs
On 7/20/16 10:32, Lori Schulman wrote:
I don’t believe that 501©3 orgs can consider any consulting fees confidential as the top fees are required to be reported on the 990.
Lori
Lori S. Schulman
Senior Director, Internet Policy
International Trademark Association (INTA)
+1-202-704-0408, Skype: lsschulman
From: accountability-cross-community-bounces@icann.org [mailto:accountability-cross-community-bounces@icann.org] On Behalf Of Paul Rosenzweig Sent: Wednesday, July 20, 2016 10:16 AM To: 'Marilyn Cade' <marilynscade@hotmail.com>; 'Phil Corwin' <psc@vlaw-dc.com>; 'Schaefer, Brett' <brett.schaefer@heritage.org>; 'Xavier J. Calvez' <xavier.calvez@icann.org> Cc: cwg-stewardship@icann.org; 'CCWG-Accountability' <accountability-cross-community@icann.org>; icann-board@icann.org; 'Executive Team' <executive-team@icann.org>; 'COMMS Team' <commsteam@icann.org>; community-finance@icann.org; 'Finance Staff' <finance-staff@icann.org> Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
I agree completely with Marilyn and Phil. I have been on both sides of non-disclosure agreements – both ones requested by me and ones requested by my clients. Typically, a client (in the position of ICANN) may request that a consultant sign an NDA so as to protect the confidentiality of its efforts or its intellectual property. Sometimes a consultant might have a proprietary methodology or process that they are using on behalf of the client that they wish to protect.
Neither circumstance applies here that I can see. And in no case that I am aware of has a client ever asked me to keep confidential my fee … I don’t broadcast them, but I’m in the private sector. For ICANN, which is an NGO acting in the global public interest, I cannot see any reason at all why ICANN would want or agree to a confidentiality arrangement as to the size of the fee paid.
Xavier – can you tell us what the rationale is? I may be missing something …..
Thanks
Paul
Paul Rosenzweig
paul.rosenzweig@redbranchconsulting.com
O: +1 (202) 547-0660
M: +1 (202) 329-9650
VOIP: +1 (202) 738-1739
www.redbranchconsulting.com
My PGP Key: http://redbranchconsulting.com/who-we-are/public-pgp-key/
From: accountability-cross-community-bounces@icann.org [mailto:accountability-cross-community-bounces@icann.org] On Behalf Of Marilyn Cade Sent: Wednesday, July 20, 2016 9:05 AM To: Phil Corwin <psc@vlaw-dc.com>; Schaefer, Brett <brett.schaefer@heritage.org>; Xavier J. Calvez <xavier.calvez@icann.org> Cc: cwg-stewardship@icann.org; CCWG-Accountability <accountability-cross-community@icann.org>; icann-board@icann.org; Executive Team <executive-team@icann.org>; COMMS Team <commsteam@icann.org>; community-finance@icann.org; Finance Staff <finance-staff@icann.org> Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
I support Phil's clarifying explanation.
I also think that anyone who is in this category, should have to declare if they re also representing companies in a SO/AC.
Or advising governments.
In the BC, we do not allow an ICANN consultant to be a BC member, regardless of the amount, but if someone is a backdoor advisor to ICANN and also a group of entities, in a SO/AC, that would not be so obvious, but I think that for integrity sake, of course, any such entity would recuse themselves from advising companies, while also advising ICANN.
And I would expect ICANN to disqualify such entities as their consultants.
Thanks, Phil, for this useful clarification.
M
From: psc@vlaw-dc.com To: Brett.Schaefer@heritage.org; xavier.calvez@icann.org Date: Wed, 20 Jul 2016 00:48:08 +0000 CC: cwg-stewardship@icann.org; accountability-cross-community@icann.org; icann-board@icann.org; executive-team@icann.org; commsteam@icann.org; community-finance@icann.org; finance-staff@icann.org Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
In the U.S. much of what used to be done by registered lobbyists is now performed by “strategic advisors” who walk right up to the line of what constitutes lobbying (and maybe a few inches over), and nonetheless facilitate door opening to key members of Congress and the Executive branch, and who “educate” rather than “lobby” members of both branches of government. So while the seven firms may not be engaged in what is considered lobbying under current U.S. law, they are still likely engaged in helping to assure officials outcomes desired by ICANN corporate.
It is for that reason – as well as for the exercise of effective oversight over ICANN budgeting and expenditures – that the community should have more data on this. If ICANN is prohibited by its contracts with these firms from disclosing its expenditures that is unfortunate – and in the future I would hope that ICANN would tell any firms being considered for such duties that its own transparency obligations to the community preclude it from agreeing to such restrictions (I’d wager that the majority of the firms would waive confidentiality rather than lose the contract).
At a minimum, ICANN should disclose the aggregate amounts spent with these seven firms since they were engaged – surely their contracts don’t bar such aggregate reporting.
Philip S. Corwin, Founding Principal
Virtualaw LLC
1155 F Street, NW
Suite 1050
Washington, DC 20004
202-559-8597/Direct
202-559-8750/Fax
202-255-6172/Cell
Twitter: @VlawDC
"Luck is the residue of design" -- Branch Rickey
From: accountability-cross-community-bounces@icann.org [mailto:accountability-cross-community-bounces@icann.org] On Behalf Of Schaefer, Brett Sent: Tuesday, July 19, 2016 1:04 PM To: Xavier J. Calvez Cc: cwg-stewardship@icann.org; CCWG-Accountability; icann-board@icann.org; Executive Team; COMMS Team; community-finance@icann.org; Finance Staff Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Xavier,
Are you saying that ICANN’s contracts for Education/Engagement/Advice with (1) Albright Stonebridge Group LLC, (2) Edelman, (3) Interface Media, (4) Rice Hadley Gates LLC, (5) Summit Strategies International LLC, (6) WBC Global, and (7) Wiley Rein LLP each contain confidentiality provisions that prohibit ICANN from disclosing the specific amount paid to each of these individual vendors?
Does this only apply to the CCWG and the public or does it also apply to other parts of the ICANN community, specifically the Supporting Organizations and Advisory Committees?
Thank you for the link on lobbying disclosures. For those who are interested, here are ICANN’s lobbying expenditures based on the disclosure website of the U.S. Congress.
I do have a couple of additional questions. Would this source capture lobbying exclusively directed toward the US Executive Branch? Has ICANN spent any funds during this period lobbying governments other than the US?
Thank you,
Brett
Brett Schaefer Jay Kingham Senior Research Fellow in International Regulatory Affairs Margaret Thatcher Center for Freedom Davis Institute for National Security and Foreign Policy The Heritage Foundation 214 Massachusetts Avenue, NE Washington, DC 20002 202-608-6097 heritage.org
From: Xavier J. Calvez [mailto:xavier.calvez@icann.org] Sent: Monday, July 18, 2016 6:30 PM To: Schaefer, Brett Cc: community-finance@icann.org; cwg-stewardship@icann.org; CCWG-Accountability; Executive Team; COMMS Team; icann-board@icann.org; Finance Staff Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Brett,
Yes, the information I provided in my latest email had been included in some previous communication. I just wanted to make sure you had a clear visibility on this information, which provides for (i) categories of expenses, (ii) the individual names of the vendors grouped for each category, and (iii) the total value of the expenses for each category.
With respect to the contractual obligations of confidentiality in commercial contracts, ICANN is subject to them, like all business organizations. That said, we disclose what we can consistent with standard business confidentiality provisions in vendor contracts. We cannot disclose the specific amount of spend with each vendor but we were able to disclose the names of the service providers engaged.
Regarding the lobbying expenses, as you are aware, both organizations that hire lobbyists and firms that lobby on behalf of organizations are required under U.S. federal law to file lobbying disclosure reports. In addition to ICANN’s quarterly lobbying disclosures posted on our website, you can find the amounts ICANN has paid to individual outside lobbying firms at http://disclosures.house.gov/ld/ldsearch.aspx.
I hope this helps and clarifies.
Thank you.
Best,
Xavier
Xavier Calvez
ICANN
CFO
12025 Waterfront Drive, Suite 300
Los Angeles, CA 90094
Office : +1 (310) 301 5838
Mobile : +1 (805) 312 0052
Fax : +1 (310) 957-2348
From: "Schaefer, Brett" <Brett.Schaefer@heritage.org> Date: Thursday, July 14, 2016 at 7:07 AM To: Xavier Calvez <xavier.calvez@icann.org> Cc: "community-finance@icann.org" <community-finance@icann.org>, "cwg-stewardship@icann.org" <cwg-stewardship@icann.org>, CCWG-Accountability <accountability-cross-community@icann.org>, Executive Team <executive-team@icann.org>, COMMS Team <commsteam@icann.org>, "icann-board@icann.org" <icann-board@icann.org>, Finance Staff <finance-staff@icann.org> Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Xavier,
This is pretty much the same information that was provided before. I am asking for a breakdown of how much was paid to each vender in the lobbying category (Akin Gump, etc.) and the education/engagement/advice category (Albright Stoneridge, etc.).
Thank you,
Brett
On Jul 13, 2016, at 8:13 PM, Xavier J. Calvez <xavier.calvez@icann.org> wrote:
Dear Brett, In response to your question listed below on 22 June: the detailed information provided on Other professional fees (other than legal fees, detailed in a separate section of the “Transition project cost” expense webpage, on the IANA Stewardship Transition webpage) can be found in the section called “Professional Services – Expenses Breakdown”. Within this section, you will find a link to a document that provides the list of Professional Services (other than legal fees) incurred, by category, with the names of the vendors, and the total amount of expenditures for the category. This link is copied below and was provided in my first answer to your question. I have also attached the file to which this link refers in case the link would not work for you. https://www.icann.org/en/system/files/files/iana-stewardship-expenses-profes... If this not addressing your question, please let me know.
Thank you.
Best,
Xavier
Xavier Calvez
ICANN
CFO
12025 Waterfront Drive, Suite 300
Los Angeles, CA 90094
Office : +1 (310) 301 5838
Mobile : +1 (805) 312 0052
Fax : +1 (310) 957-2348
Brett Schaefer Jay Kingham Senior Research Fellow in International Regulatory Affairs Margaret Thatcher Center for Freedom Davis Institute for National Security and Foreign Policy The Heritage Foundation 214 Massachusetts Avenue, NE Washington, DC 20002 202-608-6097 heritage.org
From: Xavier Calvez <xavier.calvez@icann.org> Date: Tuesday, July 12, 2016 at 9:45 AM To: "Schaefer, Brett" <Brett.Schaefer@heritage.org>, "community-finance@icann.org" <community-finance@icann.org>, "cwg-stewardship@icann.org" <cwg-stewardship@icann.org>, CCWG-Accountability <accountability-cross-community@icann.org> Cc: Executive Team <executive-team@icann.org>, COMMS Team <commsteam@icann.org>, "icann-board@icann.org" <icann-board@icann.org>, Finance Staff <finance-staff@icann.org> Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Brett,
Thank you for following up.
I will make sure to respond no later than the end of this week.
Thank you.
Best,
Xavier
Xavier Calvez
ICANN
CFO
12025 Waterfront Drive, Suite 300
Los Angeles, CA 90094
Office : +1 (310) 301 5838
Mobile : +1 (805) 312 0052
Fax : +1 (310) 957-2348
From: "Schaefer, Brett" <Brett.Schaefer@heritage.org> Date: Tuesday, July 12, 2016 at 11:38 AM To: Xavier Calvez <xavier.calvez@icann.org>, "community-finance@icann.org" <community-finance@icann.org>, "cwg-stewardship@icann.org" <cwg-stewardship@icann.org>, CCWG-Accountability <accountability-cross-community@icann.org> Cc: Executive Team <executive-team@icann.org>, COMMS Team <commsteam@icann.org>, "icann-board@icann.org" <icann-board@icann.org>, Finance Staff <finance-staff@icann.org> Subject: RE: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Xavier,
Thanks for promising to get this information to me in Helsinki. Do you have an estimate for when it will be provided?
Thanks,
Brett
Brett Schaefer Jay Kingham Senior Research Fellow in International Regulatory Affairs Margaret Thatcher Center for Freedom Davis Institute for National Security and Foreign Policy The Heritage Foundation 214 Massachusetts Avenue, NE Washington, DC 20002 202-608-6097 heritage.org
From: Schaefer, Brett Sent: Wednesday, June 22, 2016 2:39 PM To: 'Xavier J. Calvez'; community-finance@icann.org; cwg-stewardship@icann.org; CCWG-Accountability Cc: Executive Team; COMMS Team; icann-board@icann.org; Finance Staff Subject: RE: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Xavier,
I appreciate the detailed breakdown on the legal fees That is indeed what I was looking for though I would think it useful to have the totals provided in the summary document.
However, I did not see similar information for lobbying or education/ engagement/advice in the links provided. In fact, the only specific information that I saw listed is for Jamie Hedlund at $200,000. No information on other individual firms or vendors is listed at all – only the top line budget expenditure in the summary document link originally sent around.
Could you provide that information?
Thanks,
Brett
From: Xavier J. Calvez [mailto:xavier.calvez@icann.org] Sent: Wednesday, June 22, 2016 10:43 AM To: Schaefer, Brett; community-finance@icann.org; cwg-stewardship@icann.org; CCWG-Accountability Cc: Executive Team; COMMS Team; icann-board@icann.org; Finance Staff Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Dear all,
It appears that the first link in my email further below (detail of legal fees by firm) does not resolve correctly. Please use the below instead.
https://www.icann.org/en/system/files/files/iana-stewardship-expenses-legal-...
Thank you.
Best,
Xavier
Xavier Calvez
ICANN
CFO
12025 Waterfront Drive, Suite 300
Los Angeles, CA 90094
Office : +1 (310) 301 5838
Mobile : +1 (805) 312 0052
Fax : +1 (310) 957-2348
From: Xavier Calvez <xavier.calvez@icann.org> Date: Wednesday, June 22, 2016 at 1:01 PM To: "Schaefer, Brett" <Brett.Schaefer@heritage.org>, "community-finance@icann.org" <community-finance@icann.org>, "cwg-stewardship@icann.org" <cwg-stewardship@icann.org>, CCWG-Accountability <accountability-cross-community@icann.org> Cc: Executive Team <executive-team@icann.org>, COMMS Team <commsteam@icann.org>, "icann-board@icann.org" <icann-board@icann.org>, Finance Staff <finance-staff@icann.org> Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Dear Brett,
Thank you for your interest and question.
We currently publish the list of all vendors from whom ICANN obtain services in relation to the IANA Stewardship transition. The $$ value of the services received is aggregated by category of expenses, which you mention below (US Government affairs, Education/engagement/advice,…). This presentation is driven by 2 factors: providing clarity as to the type of services received, and abiding by the contractual obligation of confidentiality in force with each of the vendors (resulting from standard business sensitive information).
We do publish however the detail of the legal advice, by firm and by working group, on this same page (see for example the link to the report of fees by firm: https://www.icann.org/en/system/files/files/iana-stewardship-expenses-legal-...).
You will also find more information relative to ICANN’s lobbying in the following blog published a few months ago. In this blog, you will also find links to the disclosure reports that ICANN makes on lobbying activities.
https://www.icann.org/resources/pages/lobbying-disclosures-contributions-201....
Lastly, further information on lobbying appears in ICANN’s form 990 (Schedule C, Part II-B. On page 33/73 of the FY15 form 990 published at the following link):
https://www.icann.org/en/system/files/files/fy-2015-form-990-10may16-en.pdf
I hope this helps. Please let me know if you have further questions.
Thank you.
Best,
Xavier
Xavier Calvez
ICANN
CFO
12025 Waterfront Drive, Suite 300
Los Angeles, CA 90094
Office : +1 (310) 301 5838
Mobile : +1 (805) 312 0052
Fax : +1 (310) 957-2348
From: "Schaefer, Brett" <Brett.Schaefer@heritage.org> Date: Tuesday, June 21, 2016 at 9:54 PM To: Xavier Calvez <xavier.calvez@icann.org>, "community-finance@icann.org" <community-finance@icann.org>, "cwg-stewardship@icann.org" <cwg-stewardship@icann.org>, CCWG-Accountability <accountability-cross-community@icann.org> Cc: Executive Team <executive-team@icann.org>, COMMS Team <commsteam@icann.org>, "icann-board@icann.org" <icann-board@icann.org>, Finance Staff <finance-staff@icann.org> Subject: RE: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Xavier,
Thank you. Could you please provide a more detailed breakdown of legal advice, US government affairs, and educations/engagement/advice? In each category, there are multiple firms/vendors listed (https://www.icann.org/en/system/files/files/iana-stewardship-expenses-profes...). I would appreciate the amount provided to each individual vendor. If it is provided somewhere, I would appreciate you letting me know where to find it.
Much appreciated,
Brett
Brett Schaefer Jay Kingham Senior Research Fellow in International Regulatory Affairs Margaret Thatcher Center for Freedom Davis Institute for National Security and Foreign Policy The Heritage Foundation 214 Massachusetts Avenue, NE Washington, DC 20002 202-608-6097 heritage.org
From: accountability-cross-community-bounces@icann.org [mailto:accountability-cross-community-bounces@icann.org] On Behalf Of Xavier J. Calvez Sent: Saturday, June 18, 2016 12:10 AM To: community-finance@icann.org; cwg-stewardship@icann.org; CCWG-Accountability Cc: Executive Team; COMMS Team; icann-board@icann.org; Finance Staff Subject: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Dear all,
You find at the link below the updated project’s expenses as of FY16 Q3 (from July 2014 to March 2016). As indicated a few months ago, we have added new detailed information on the staff support with the individual positions, names and percentages of effort over the period.
https://www.icann.org/resources/pages/iana-stewardship-project-costs
Thank you.
Best,
Xavier
Xavier Calvez
ICANN
CFO
12025 Waterfront Drive, Suite 300
Los Angeles, CA 90094
Office : +1 (310) 301 5838
Mobile : +1 (805) 312 0052
Fax : +1 (310) 957-2348
<iana-stewardship-expenses-professional-vendor-01jun16-en.pdf>
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Thank you, I look forward to seeing the information.
Brett Schaefer Jay Kingham Senior Research Fellow in International Regulatory Affairs Margaret Thatcher Center for Freedom Davis Institute for National Security and Foreign Policy The Heritage Foundation 214 Massachusetts Avenue, NE Washington, DC 20002 202-608-6097 heritage.org<http://heritage.org/> From: Xavier J. Calvez [mailto:xavier.calvez@icann.org] Sent: Wednesday, August 03, 2016 2:40 PM To: Schaefer, Brett; Zakir Syed; Marilyn Cade; Sam Lanfranco; Phil Corwin; Ken Stubbs; Paul Rosenzweig Cc: cwg-stewardship@icann.org; 'CCWG-Accountability'; icann-board@icann.org; Executive Team; COMMS Team; community-finance@icann.org; 'Finance Staff' Subject: Re: [CCWG-ACCT] [community-finance] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Brett, Thank you for following. I apologize for the delay in responding. I am close and hope to send an email response by the end of tomorrow, if not earlier. As you all know, we are working hard on the IANA stewardship transition implementation plan and have many critical deliverables with due dates every week, which consume a lot of our time. This is not to say that this topic is not fundamentally important, it is, but there are simply other urgent and important activities that we are attending to at the same time.
Thank you.
Best, Xavier
Xavier Calvez ICANN CFO 12025 Waterfront Drive, Suite 300 Los Angeles, CA 90094 Office : +1 (310) 301 5838 Mobile : +1 (805) 312 0052 Fax : +1 (310) 957-2348
From: "Schaefer, Brett" <Brett.Schaefer@heritage.org<mailto:Brett.Schaefer@heritage.org>> Date: Wednesday, August 3, 2016 at 10:40 AM To: "Schaefer, Brett" <Brett.Schaefer@heritage.org<mailto:Brett.Schaefer@heritage.org>>, Zakir Syed <zakirbinrehman@yahoo.com<mailto:zakirbinrehman@yahoo.com>>, Marilyn Cade <marilynscade@hotmail.com<mailto:marilynscade@hotmail.com>>, Sam Lanfranco <sam@lanfranco.net<mailto:sam@lanfranco.net>>, Phil Corwin <psc@vlaw-dc.com<mailto:psc@vlaw-dc.com>>, Ken Stubbs <kstubbs@afilias.info<mailto:kstubbs@afilias.info>>, Paul Rosenzweig <paul.rosenzweig@redbranchconsulting.com<mailto:paul.rosenzweig@redbranchconsulting.com>>, Xavier Calvez <xavier.calvez@icann.org<mailto:xavier.calvez@icann.org>> Cc: "cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>" <cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>>, 'CCWG-Accountability' <accountability-cross-community@icann.org<mailto:accountability-cross-community@icann.org>>, "icann-board@icann.org<mailto:icann-board@icann.org>" <icann-board@icann.org<mailto:icann-board@icann.org>>, Executive Team <executive-team@icann.org<mailto:executive-team@icann.org>>, COMMS Team <commsteam@icann.org<mailto:commsteam@icann.org>>, "community-finance@icann.org<mailto:community-finance@icann.org>" <community-finance@icann.org<mailto:community-finance@icann.org>>, Finance Staff <finance-staff@icann.org<mailto:finance-staff@icann.org>> Subject: RE: [CCWG-ACCT] [community-finance] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Xavier,
I hope you are back in the office and recovered. I believe you said you would be providing this information when you returned?
Thanks,
Brett
Brett Schaefer Jay Kingham Senior Research Fellow in International Regulatory Affairs Margaret Thatcher Center for Freedom Davis Institute for National Security and Foreign Policy The Heritage Foundation 214 Massachusetts Avenue, NE Washington, DC 20002 202-608-6097 heritage.org<http://heritage.org/> From: accountability-cross-community-bounces@icann.org<mailto:accountability-cross-community-bounces@icann.org> [mailto:accountability-cross-community-bounces@icann.org] On Behalf Of Schaefer, Brett Sent: Monday, July 25, 2016 2:29 PM To: Zakir Syed; Marilyn Cade; Sam Lanfranco; Phil Corwin; Ken Stubbs; Paul Rosenzweig; 'Xavier J. Calvez' Cc: cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>; 'CCWG-Accountability'; icann-board@icann.org<mailto:icann-board@icann.org>; 'Executive Team'; 'COMMS Team'; community-finance@icann.org<mailto:community-finance@icann.org>; 'Finance Staff' Subject: Re: [CCWG-ACCT] [community-finance] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Xavier,
Are you planning to answer the questions raised in this thread?
Thanks,
Brett
Brett Schaefer Jay Kingham Senior Research Fellow in International Regulatory Affairs Margaret Thatcher Center for Freedom Davis Institute for National Security and Foreign Policy The Heritage Foundation 214 Massachusetts Avenue, NE Washington, DC 20002 202-608-6097 heritage.org<http://heritage.org/> From: Zakir Syed [mailto:zakirbinrehman@yahoo.com] Sent: Friday, July 22, 2016 4:07 PM To: Marilyn Cade; Sam Lanfranco; Phil Corwin; Ken Stubbs; Paul Rosenzweig; Schaefer, Brett; 'Xavier J. Calvez' Cc: cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>; 'CCWG-Accountability'; icann-board@icann.org<mailto:icann-board@icann.org>; 'Executive Team'; 'COMMS Team'; community-finance@icann.org<mailto:community-finance@icann.org>; 'Finance Staff' Subject: Re: [CCWG-ACCT] [community-finance] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
This is very useful discussion particularly on this very list. Any idea, how are the consultants/contractors hired by ICANN?. If this is through an RFP/competitive bid thn may be the RFP will have the detail/requirement what is required which in other words will mean what the consultants do. Not?
Zakir
From: Marilyn Cade <marilynscade@hotmail.com<mailto:marilynscade@hotmail.com>> To: Sam Lanfranco <sam@lanfranco.net<mailto:sam@lanfranco.net>>; Phil Corwin <psc@vlaw-dc.com<mailto:psc@vlaw-dc.com>>; Ken Stubbs <kstubbs@afilias.info<mailto:kstubbs@afilias.info>>; Paul Rosenzweig <paul.rosenzweig@redbranchconsulting.com<mailto:paul.rosenzweig@redbranchconsulting.com>>; "'Schaefer, Brett'" <brett.schaefer@heritage.org<mailto:brett.schaefer@heritage.org>>; 'Xavier J. Calvez' <xavier.calvez@icann.org<mailto:xavier.calvez@icann.org>> Cc: "cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>" <cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>>; 'CCWG-Accountability' <accountability-cross-community@icann.org<mailto:accountability-cross-community@icann.org>>; "icann-board@icann.org<mailto:icann-board@icann.org>" <icann-board@icann.org<mailto:icann-board@icann.org>>; 'Executive Team' <executive-team@icann.org<mailto:executive-team@icann.org>>; 'COMMS Team' <commsteam@icann.org<mailto:commsteam@icann.org>>; "community-finance@icann.org<mailto:community-finance@icann.org>" <community-finance@icann.org<mailto:community-finance@icann.org>>; 'Finance Staff' <finance-staff@icann.org<mailto:finance-staff@icann.org>> Sent: Thursday, July 21, 2016 2:27 AM Subject: Re: [CCWG-ACCT] [community-finance] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
I'd like to stick to the topic we are discussing which is disclosure about 'advisors', and lobbyists, and not venture until the gTLDs contracts. I fear that would become a bog that is too unbounded, with some questioning the marketing plans of different gTLDs, like give aways, etc.
So, I ask that as this is the CCWG-ACCT, and the topic is about the amounts paid for consultants specifically working on the IANA transition -- and who they are -- and that they have only ICANN as a client, not also members of ICANN's community on directly related subjects -- we stick to that discussion.
All law firms in the US 'clear' conflicts before accepting a new client, and all corporations 'clear' their consultants. While this may be confidential in both these cases, I do agree that a public interest NGO, which is what ICANN is, can best serve itself, and the interest of the broader ICANN community by as much transparency as possible. BUT let's keep it high level and civil in our request for facts and figures.
As I like to say: Facts are our friends.
Of course, some issues have to be kept confidential.
Who the consultants are has been published, what they were paid would add to the transparency. What they do, at a high level, should be published as well. I will say again that I think that the work is probably much needed. I spend a lot of time -- without being paid -- explaining ICANN as I do my other IG work and it is is a worthwhile task and an important one if we are to demystify ICANN to RoW [Rest of World].
I am sure it is all above board, but it has now taken on a sort of taint of 'why not tell'.
Let's keep this high level and not make it a hunt for the details, but just get the high level facts, and make that a standard.
Will help us all.
M
Subject: Re: [CCWG-ACCT] [community-finance] IANA Stewardship Transition - Project Expenses - FY16 Q3 update To: psc@vlaw-dc.com<mailto:psc@vlaw-dc.com>; kstubbs@afilias.info<mailto:kstubbs@afilias.info>; paul.rosenzweig@redbranchconsulting.com<mailto:paul.rosenzweig@redbranchconsulting.com>; marilynscade@hotmail.com<mailto:marilynscade@hotmail.com>; brett.schaefer@heritage.org<mailto:brett.schaefer@heritage.org>; xavier.calvez@icann.org<mailto:xavier.calvez@icann.org> CC: cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>; accountability-cross-community@icann.org<mailto:accountability-cross-community@icann.org>; icann-board@icann.org<mailto:icann-board@icann.org>; executive-team@icann.org<mailto:executive-team@icann.org>; commsteam@icann.org<mailto:commsteam@icann.org>; community-finance@icann.org<mailto:community-finance@icann.org>; finance-staff@icann.org<mailto:finance-staff@icann.org> From: sam@lanfranco.net<mailto:sam@lanfranco.net> Date: Wed, 20 Jul 2016 12:23:12 -0400
As the non-lawyer economist here I would like to observe that the discussion has honed in on a specific enough question, one that has an ICANN definitive answer, and that it should be put both to the Board and the new CEO for a an answer and clarification. I previously worried that the ICANN DNS contract with .sucks seemed to verge on ICANN exposing itself to the RICO act in the U.S., given the .sucks marketing plan. Maybe I am overly cautious but as a not-for-profit corporation operating in the public interest ICANN is more than obliged to provide clarity here. Silence won't do.
Sam Lanfranco, NPOC/CSIH On 7/20/2016 12:06 PM, Phil Corwin wrote: If the contract non-disclosure clause indeed violates IRS disclosure requirements then how could ICANN legal agree to it?
Philip S. Corwin, Founding Principal Virtualaw LLC 1155 F Street, NW Suite 1050 Washington, DC 20004 202-559-8597/Direct 202-559-8750/Fax 202-255-6172/Cell
Twitter: @VlawDC
"Luck is the residue of design" -- Branch Rickey
From: Ken Stubbs [mailto:kstubbs@afilias.info] Sent: Wednesday, July 20, 2016 11:37 AM To: Paul Rosenzweig; 'Marilyn Cade'; Phil Corwin; 'Schaefer, Brett'; 'Xavier J. Calvez' Cc: cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>; 'CCWG-Accountability'; icann-board@icann.org<mailto:icann-board@icann.org>; 'Executive Team'; 'COMMS Team'; community-finance@icann.org<mailto:community-finance@icann.org>; 'Finance Staff' Subject: Re: [community-finance] [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
I believe Lori is correct here. IRS requirements on disclosures are usually quite specific here
Ken Stubbs On 7/20/16 10:32, Lori Schulman wrote: I don’t believe that 501©3 orgs can consider any consulting fees confidential as the top fees are required to be reported on the 990.
Lori
Lori S. Schulman Senior Director, Internet Policy International Trademark Association (INTA) +1-202-704-0408, Skype: lsschulman
From: accountability-cross-community-bounces@icann.org<mailto:accountability-cross-community-bounces@icann.org> [mailto:accountability-cross-community-bounces@icann.org] On Behalf Of Paul Rosenzweig Sent: Wednesday, July 20, 2016 10:16 AM To: 'Marilyn Cade' <marilynscade@hotmail.com><mailto:marilynscade@hotmail.com>; 'Phil Corwin' <psc@vlaw-dc.com><mailto:psc@vlaw-dc.com>; 'Schaefer, Brett' <brett.schaefer@heritage.org><mailto:brett.schaefer@heritage.org>; 'Xavier J. Calvez' <xavier.calvez@icann.org><mailto:xavier.calvez@icann.org> Cc: cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>; 'CCWG-Accountability' <accountability-cross-community@icann.org><mailto:accountability-cross-community@icann.org>; icann-board@icann.org<mailto:icann-board@icann.org>; 'Executive Team' <executive-team@icann.org><mailto:executive-team@icann.org>; 'COMMS Team' <commsteam@icann.org><mailto:commsteam@icann.org>; community-finance@icann.org<mailto:community-finance@icann.org>; 'Finance Staff' <finance-staff@icann.org><mailto:finance-staff@icann.org> Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
I agree completely with Marilyn and Phil. I have been on both sides of non-disclosure agreements – both ones requested by me and ones requested by my clients. Typically, a client (in the position of ICANN) may request that a consultant sign an NDA so as to protect the confidentiality of its efforts or its intellectual property. Sometimes a consultant might have a proprietary methodology or process that they are using on behalf of the client that they wish to protect.
Neither circumstance applies here that I can see. And in no case that I am aware of has a client ever asked me to keep confidential my fee … I don’t broadcast them, but I’m in the private sector. For ICANN, which is an NGO acting in the global public interest, I cannot see any reason at all why ICANN would want or agree to a confidentiality arrangement as to the size of the fee paid.
Xavier – can you tell us what the rationale is? I may be missing something …..
Thanks Paul
Paul Rosenzweig paul.rosenzweig@redbranchconsulting.com<mailto:paul.rosenzweig@redbranchconsulting.com> O: +1 (202) 547-0660 M: +1 (202) 329-9650 VOIP: +1 (202) 738-1739 www.redbranchconsulting.com<http://www.redbranchconsulting.com/> My PGP Key: http://redbranchconsulting.com/who-we-are/public-pgp-key/<http://redbranchconsulting.com/who-we-are/public-pgp-key/>
From: accountability-cross-community-bounces@icann.org<mailto:accountability-cross-community-bounces@icann.org> [mailto:accountability-cross-community-bounces@icann.org] On Behalf Of Marilyn Cade Sent: Wednesday, July 20, 2016 9:05 AM To: Phil Corwin <psc@vlaw-dc.com<mailto:psc@vlaw-dc.com>>; Schaefer, Brett <brett.schaefer@heritage.org<mailto:brett.schaefer@heritage.org>>; Xavier J. Calvez <xavier.calvez@icann.org<mailto:xavier.calvez@icann.org>> Cc: cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>; CCWG-Accountability <accountability-cross-community@icann.org<mailto:accountability-cross-community@icann.org>>; icann-board@icann.org<mailto:icann-board@icann.org>; Executive Team <executive-team@icann.org<mailto:executive-team@icann.org>>; COMMS Team <commsteam@icann.org<mailto:commsteam@icann.org>>; community-finance@icann.org<mailto:community-finance@icann.org>; Finance Staff <finance-staff@icann.org<mailto:finance-staff@icann.org>> Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
I support Phil's clarifying explanation.
I also think that anyone who is in this category, should have to declare if they re also representing companies in a SO/AC.
Or advising governments.
In the BC, we do not allow an ICANN consultant to be a BC member, regardless of the amount, but if someone is a backdoor advisor to ICANN and also a group of entities, in a SO/AC, that would not be so obvious, but I think that for integrity sake, of course, any such entity would recuse themselves from advising companies, while also advising ICANN.
And I would expect ICANN to disqualify such entities as their consultants.
Thanks, Phil, for this useful clarification.
M
From: psc@vlaw-dc.com<mailto:psc@vlaw-dc.com> To: Brett.Schaefer@heritage.org<mailto:Brett.Schaefer@heritage.org>; xavier.calvez@icann.org<mailto:xavier.calvez@icann.org> Date: Wed, 20 Jul 2016 00:48:08 +0000 CC: cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>; accountability-cross-community@icann.org<mailto:accountability-cross-community@icann.org>; icann-board@icann.org<mailto:icann-board@icann.org>; executive-team@icann.org<mailto:executive-team@icann.org>; commsteam@icann.org<mailto:commsteam@icann.org>; community-finance@icann.org<mailto:community-finance@icann.org>; finance-staff@icann.org<mailto:finance-staff@icann.org> Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update In the U.S. much of what used to be done by registered lobbyists is now performed by “strategic advisors” who walk right up to the line of what constitutes lobbying (and maybe a few inches over), and nonetheless facilitate door opening to key members of Congress and the Executive branch, and who “educate” rather than “lobby” members of both branches of government. So while the seven firms may not be engaged in what is considered lobbying under current U.S. law, they are still likely engaged in helping to assure officials outcomes desired by ICANN corporate.
It is for that reason – as well as for the exercise of effective oversight over ICANN budgeting and expenditures – that the community should have more data on this. If ICANN is prohibited by its contracts with these firms from disclosing its expenditures that is unfortunate – and in the future I would hope that ICANN would tell any firms being considered for such duties that its own transparency obligations to the community preclude it from agreeing to such restrictions (I’d wager that the majority of the firms would waive confidentiality rather than lose the contract).
At a minimum, ICANN should disclose the aggregate amounts spent with these seven firms since they were engaged – surely their contracts don’t bar such aggregate reporting.
Philip S. Corwin, Founding Principal Virtualaw LLC 1155 F Street, NW Suite 1050 Washington, DC 20004 202-559-8597/Direct 202-559-8750/Fax 202-255-6172/Cell
Twitter: @VlawDC
"Luck is the residue of design" -- Branch Rickey
From: accountability-cross-community-bounces@icann.org<mailto:accountability-cross-community-bounces@icann.org> [mailto:accountability-cross-community-bounces@icann.org] On Behalf Of Schaefer, Brett Sent: Tuesday, July 19, 2016 1:04 PM To: Xavier J. Calvez Cc: cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>; CCWG-Accountability; icann-board@icann.org<mailto:icann-board@icann.org>; Executive Team; COMMS Team; community-finance@icann.org<mailto:community-finance@icann.org>; Finance Staff Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Xavier,
Are you saying that ICANN’s contracts for Education/Engagement/Advice with (1) Albright Stonebridge Group LLC, (2) Edelman, (3) Interface Media, (4) Rice Hadley Gates LLC, (5) Summit Strategies International LLC, (6) WBC Global, and (7) Wiley Rein LLP each contain confidentiality provisions that prohibit ICANN from disclosing the specific amount paid to each of these individual vendors?
Does this only apply to the CCWG and the public or does it also apply to other parts of the ICANN community, specifically the Supporting Organizations and Advisory Committees?
Thank you for the link on lobbying disclosures. For those who are interested, here are ICANN’s lobbying expenditures based on the disclosure website of the U.S. Congress.
[cid:image001.png@01D1ED95.69F35600]
I do have a couple of additional questions. Would this source capture lobbying exclusively directed toward the US Executive Branch? Has ICANN spent any funds during this period lobbying governments other than the US?
Thank you,
Brett
Brett Schaefer Jay Kingham Senior Research Fellow in International Regulatory Affairs Margaret Thatcher Center for Freedom Davis Institute for National Security and Foreign Policy The Heritage Foundation 214 Massachusetts Avenue, NE Washington, DC 20002 202-608-6097 heritage.org<http://heritage.org/> From: Xavier J. Calvez [mailto:xavier.calvez@icann.org] Sent: Monday, July 18, 2016 6:30 PM To: Schaefer, Brett Cc: community-finance@icann.org<mailto:community-finance@icann.org>; cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>; CCWG-Accountability; Executive Team; COMMS Team; icann-board@icann.org<mailto:icann-board@icann.org>; Finance Staff Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Brett, Yes, the information I provided in my latest email had been included in some previous communication. I just wanted to make sure you had a clear visibility on this information, which provides for (i) categories of expenses, (ii) the individual names of the vendors grouped for each category, and (iii) the total value of the expenses for each category. With respect to the contractual obligations of confidentiality in commercial contracts, ICANN is subject to them, like all business organizations. That said, we disclose what we can consistent with standard business confidentiality provisions in vendor contracts. We cannot disclose the specific amount of spend with each vendor but we were able to disclose the names of the service providers engaged. Regarding the lobbying expenses, as you are aware, both organizations that hire lobbyists and firms that lobby on behalf of organizations are required under U.S. federal law to file lobbying disclosure reports. In addition to ICANN’s quarterly lobbying disclosures posted on our website, you can find the amounts ICANN has paid to individual outside lobbying firms at http://disclosures.house.gov/ld/ldsearch.aspx<http://disclosures.house.gov/ld/ldsearch.aspx>. I hope this helps and clarifies.
Thank you.
Best, Xavier
Xavier Calvez ICANN CFO 12025 Waterfront Drive, Suite 300 Los Angeles, CA 90094 Office : +1 (310) 301 5838 Mobile : +1 (805) 312 0052 Fax : +1 (310) 957-2348
From: "Schaefer, Brett" <Brett.Schaefer@heritage.org<mailto:Brett.Schaefer@heritage.org>> Date: Thursday, July 14, 2016 at 7:07 AM To: Xavier Calvez <xavier.calvez@icann.org<mailto:xavier.calvez@icann.org>> Cc: "community-finance@icann.org<mailto:community-finance@icann.org>" <community-finance@icann.org<mailto:community-finance@icann.org>>, "cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>" <cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>>, CCWG-Accountability <accountability-cross-community@icann.org<mailto:accountability-cross-community@icann.org>>, Executive Team <executive-team@icann.org<mailto:executive-team@icann.org>>, COMMS Team <commsteam@icann.org<mailto:commsteam@icann.org>>, "icann-board@icann.org<mailto:icann-board@icann.org>" <icann-board@icann.org<mailto:icann-board@icann.org>>, Finance Staff <finance-staff@icann.org<mailto:finance-staff@icann.org>> Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Xavier,
This is pretty much the same information that was provided before. I am asking for a breakdown of how much was paid to each vender in the lobbying category (Akin Gump, etc.) and the education/engagement/advice category (Albright Stoneridge, etc.).
Thank you,
Brett
On Jul 13, 2016, at 8:13 PM, Xavier J. Calvez <xavier.calvez@icann.org<mailto:xavier.calvez@icann.org>> wrote: Dear Brett, In response to your question listed below on 22 June: the detailed information provided on Other professional fees (other than legal fees, detailed in a separate section of the “Transition project cost” expense webpage, on the IANA Stewardship Transition webpage) can be found in the section called “Professional Services – Expenses Breakdown”. Within this section, you will find a link to a document that provides the list of Professional Services (other than legal fees) incurred, by category, with the names of the vendors, and the total amount of expenditures for the category. This link is copied below and was provided in my first answer to your question. I have also attached the file to which this link refers in case the link would not work for you. https://www.icann.org/en/system/files/files/iana-stewardship-expenses-professional-vendor-01jun16-en.pdf<https://www.icann.org/en/system/files/files/iana-stewardship-expenses-professional-vendor-01jun16-en.pdf> If this not addressing your question, please let me know.
Thank you.
Best, Xavier
Xavier Calvez ICANN CFO 12025 Waterfront Drive, Suite 300 Los Angeles, CA 90094 Office : +1 (310) 301 5838 Mobile : +1 (805) 312 0052 Fax : +1 (310) 957-2348
Brett Schaefer Jay Kingham Senior Research Fellow in International Regulatory Affairs Margaret Thatcher Center for Freedom Davis Institute for National Security and Foreign Policy The Heritage Foundation 214 Massachusetts Avenue, NE Washington, DC 20002 202-608-6097 heritage.org<http://heritage.org/> From: Xavier Calvez <xavier.calvez@icann.org<mailto:xavier.calvez@icann.org>> Date: Tuesday, July 12, 2016 at 9:45 AM To: "Schaefer, Brett" <Brett.Schaefer@heritage.org<mailto:Brett.Schaefer@heritage.org>>, "community-finance@icann.org<mailto:community-finance@icann.org>" <community-finance@icann.org<mailto:community-finance@icann.org>>, "cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>" <cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>>, CCWG-Accountability <accountability-cross-community@icann.org<mailto:accountability-cross-community@icann.org>> Cc: Executive Team <executive-team@icann.org<mailto:executive-team@icann.org>>, COMMS Team <commsteam@icann.org<mailto:commsteam@icann.org>>, "icann-board@icann.org<mailto:icann-board@icann.org>" <icann-board@icann.org<mailto:icann-board@icann.org>>, Finance Staff <finance-staff@icann.org<mailto:finance-staff@icann.org>> Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Brett, Thank you for following up. I will make sure to respond no later than the end of this week.
Thank you.
Best, Xavier
Xavier Calvez ICANN CFO 12025 Waterfront Drive, Suite 300 Los Angeles, CA 90094 Office : +1 (310) 301 5838 Mobile : +1 (805) 312 0052 Fax : +1 (310) 957-2348
From: "Schaefer, Brett" <Brett.Schaefer@heritage.org<mailto:Brett.Schaefer@heritage.org>> Date: Tuesday, July 12, 2016 at 11:38 AM To: Xavier Calvez <xavier.calvez@icann.org<mailto:xavier.calvez@icann.org>>, "community-finance@icann.org<mailto:community-finance@icann.org>" <community-finance@icann.org<mailto:community-finance@icann.org>>, "cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>" <cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>>, CCWG-Accountability <accountability-cross-community@icann.org<mailto:accountability-cross-community@icann.org>> Cc: Executive Team <executive-team@icann.org<mailto:executive-team@icann.org>>, COMMS Team <commsteam@icann.org<mailto:commsteam@icann.org>>, "icann-board@icann.org<mailto:icann-board@icann.org>" <icann-board@icann.org<mailto:icann-board@icann.org>>, Finance Staff <finance-staff@icann.org<mailto:finance-staff@icann.org>> Subject: RE: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Xavier,
Thanks for promising to get this information to me in Helsinki. Do you have an estimate for when it will be provided?
Thanks,
Brett
Brett Schaefer Jay Kingham Senior Research Fellow in International Regulatory Affairs Margaret Thatcher Center for Freedom Davis Institute for National Security and Foreign Policy The Heritage Foundation 214 Massachusetts Avenue, NE Washington, DC 20002 202-608-6097 heritage.org<http://heritage.org/> From: Schaefer, Brett Sent: Wednesday, June 22, 2016 2:39 PM To: 'Xavier J. Calvez'; community-finance@icann.org<mailto:community-finance@icann.org>; cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>; CCWG-Accountability Cc: Executive Team; COMMS Team; icann-board@icann.org<mailto:icann-board@icann.org>; Finance Staff Subject: RE: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Xavier,
I appreciate the detailed breakdown on the legal fees That is indeed what I was looking for though I would think it useful to have the totals provided in the summary document.
However, I did not see similar information for lobbying or education/ engagement/advice in the links provided. In fact, the only specific information that I saw listed is for Jamie Hedlund at $200,000. No information on other individual firms or vendors is listed at all – only the top line budget expenditure in the summary document link originally sent around.
Could you provide that information?
Thanks,
Brett
From: Xavier J. Calvez [mailto:xavier.calvez@icann.org] Sent: Wednesday, June 22, 2016 10:43 AM To: Schaefer, Brett; community-finance@icann.org<mailto:community-finance@icann.org>; cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>; CCWG-Accountability Cc: Executive Team; COMMS Team; icann-board@icann.org<mailto:icann-board@icann.org>; Finance Staff Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Dear all, It appears that the first link in my email further below (detail of legal fees by firm) does not resolve correctly. Please use the below instead. https://www.icann.org/en/system/files/files/iana-stewardship-expenses-legal-firm-fy16-01jun16-en.pdf<https://www.icann.org/en/system/files/files/iana-stewardship-expenses-legal-firm-fy16-01jun16-en.pdf>
Thank you.
Best, Xavier
Xavier Calvez ICANN CFO 12025 Waterfront Drive, Suite 300 Los Angeles, CA 90094 Office : +1 (310) 301 5838 Mobile : +1 (805) 312 0052 Fax : +1 (310) 957-2348
From: Xavier Calvez <xavier.calvez@icann.org<mailto:xavier.calvez@icann.org>> Date: Wednesday, June 22, 2016 at 1:01 PM To: "Schaefer, Brett" <Brett.Schaefer@heritage.org<mailto:Brett.Schaefer@heritage.org>>, "community-finance@icann.org<mailto:community-finance@icann.org>" <community-finance@icann.org<mailto:community-finance@icann.org>>, "cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>" <cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>>, CCWG-Accountability <accountability-cross-community@icann.org<mailto:accountability-cross-community@icann.org>> Cc: Executive Team <executive-team@icann.org<mailto:executive-team@icann.org>>, COMMS Team <commsteam@icann.org<mailto:commsteam@icann.org>>, "icann-board@icann.org<mailto:icann-board@icann.org>" <icann-board@icann.org<mailto:icann-board@icann.org>>, Finance Staff <finance-staff@icann.org<mailto:finance-staff@icann.org>> Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Dear Brett, Thank you for your interest and question. We currently publish the list of all vendors from whom ICANN obtain services in relation to the IANA Stewardship transition. The $$ value of the services received is aggregated by category of expenses, which you mention below (US Government affairs, Education/engagement/advice,…). This presentation is driven by 2 factors: providing clarity as to the type of services received, and abiding by the contractual obligation of confidentiality in force with each of the vendors (resulting from standard business sensitive information). We do publish however the detail of the legal advice, by firm and by working group, on this same page (see for example the link to the report of fees by firm: https://www.icann.org/en/system/files/files/iana-stewardship-expenses-legal-firm-fy16-01jun16-en.pdf)<https://www.icann.org/en/system/files/files/iana-stewardship-expenses-legal-firm-fy16-01jun16-en.pdf%29>. You will also find more information relative to ICANN’s lobbying in the following blog published a few months ago. In this blog, you will also find links to the disclosure reports that ICANN makes on lobbying activities. https://www.icann.org/resources/pages/lobbying-disclosures-contributions-2015-11-18-en<https://www.icann.org/resources/pages/lobbying-disclosures-contributions-2015-11-18-en>. Lastly, further information on lobbying appears in ICANN’s form 990 (Schedule C, Part II-B. On page 33/73 of the FY15 form 990 published at the following link): https://www.icann.org/en/system/files/files/fy-2015-form-990-10may16-en.pdf<https://www.icann.org/en/system/files/files/fy-2015-form-990-10may16-en.pdf> I hope this helps. Please let me know if you have further questions.
Thank you.
Best, Xavier
Xavier Calvez ICANN CFO 12025 Waterfront Drive, Suite 300 Los Angeles, CA 90094 Office : +1 (310) 301 5838 Mobile : +1 (805) 312 0052 Fax : +1 (310) 957-2348
From: "Schaefer, Brett" <Brett.Schaefer@heritage.org<mailto:Brett.Schaefer@heritage.org>> Date: Tuesday, June 21, 2016 at 9:54 PM To: Xavier Calvez <xavier.calvez@icann.org<mailto:xavier.calvez@icann.org>>, "community-finance@icann.org<mailto:community-finance@icann.org>" <community-finance@icann.org<mailto:community-finance@icann.org>>, "cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>" <cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>>, CCWG-Accountability <accountability-cross-community@icann.org<mailto:accountability-cross-community@icann.org>> Cc: Executive Team <executive-team@icann.org<mailto:executive-team@icann.org>>, COMMS Team <commsteam@icann.org<mailto:commsteam@icann.org>>, "icann-board@icann.org<mailto:icann-board@icann.org>" <icann-board@icann.org<mailto:icann-board@icann.org>>, Finance Staff <finance-staff@icann.org<mailto:finance-staff@icann.org>> Subject: RE: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Xavier,
Thank you. Could you please provide a more detailed breakdown of legal advice, US government affairs, and educations/engagement/advice? In each category, there are multiple firms/vendors listed (https://www.icann.org/en/system/files/files/iana-stewardship-expenses-professional-vendor-01jun16-en.pdf<https://www.icann.org/en/system/files/files/iana-stewardship-expenses-professional-vendor-01jun16-en.pdf>). I would appreciate the amount provided to each individual vendor. If it is provided somewhere, I would appreciate you letting me know where to find it.
Much appreciated,
Brett
Brett Schaefer Jay Kingham Senior Research Fellow in International Regulatory Affairs Margaret Thatcher Center for Freedom Davis Institute for National Security and Foreign Policy The Heritage Foundation 214 Massachusetts Avenue, NE Washington, DC 20002 202-608-6097 heritage.org<http://heritage.org/> From: accountability-cross-community-bounces@icann.org<mailto:accountability-cross-community-bounces@icann.org> [mailto:accountability-cross-community-bounces@icann.org] On Behalf Of Xavier J. Calvez Sent: Saturday, June 18, 2016 12:10 AM To: community-finance@icann.org<mailto:community-finance@icann.org>; cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>; CCWG-Accountability Cc: Executive Team; COMMS Team; icann-board@icann.org<mailto:icann-board@icann.org>; Finance Staff Subject: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Dear all, You find at the link below the updated project’s expenses as of FY16 Q3 (from July 2014 to March 2016). As indicated a few months ago, we have added new detailed information on the staff support with the individual positions, names and percentages of effort over the period.
Thank you.
Best, Xavier
Xavier Calvez ICANN CFO 12025 Waterfront Drive, Suite 300 Los Angeles, CA 90094 Office : +1 (310) 301 5838 Mobile : +1 (805) 312 0052 Fax : +1 (310) 957-2348
<iana-stewardship-expenses-professional-vendor-01jun16-en.pdf>
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All,
I have taken several days to review the various inputs and questions you have provided in this email chain, and have involved several ICANN staff members on this topic. Here is [finally!] a response.
While ICANN is required under law to report in its form 990 on the identity and amounts paid to its five highest paid independent contractors, we exceed this requirement by reporting on amounts paid to all contractors to which ICANN pays over US$1,000,000 within a fiscal year. See, for example, ICANN’s Form 990 for FY15, at https://www.icann.org/en/system/files/files/fy-2015-form-990-10may16-en.pdf, pages 67-73. None of the vendors in the “Education/engagement” category reach the US$1,000,000 limit, therefore the issue of disclosure of the specific amounts of their work has not been triggered under ICANN’s expansive reporting practices. The reporting on lobbying expenditures, as has been previously discussed, is completed through ICANN’s Form 990 filing, as well as through the forms available at http://disclosures.house.gov/ld/ldsearch.aspx, which each identify both the specific issues covered in the lobbying activity as well as the House of the U.S. Congress or Federal Agency to which the activity was directed.
ICANN’s general vendor contracts (which are separate from the publicly available registry and registrar contracts) are commercial contracts containing commitments between two contracting entities. Many of these contracts contain confidentiality clauses, including those requested by vendors. This is normal throughout commercial contracting practice. For example, some vendors have propriety forms for their contracts that they do not want to release; some are subject to “MFN” clauses, which could require them to offer terms or services to other customers that are equal to more favorable clauses offered to other customers; some have confidential pricing schedules; some have propriety information included within the description of how they will deliver services; etc. ICANN’s ability to enter into these normal commercial contracts allows ICANN to obtain the best services needed at the best prices it can negotiate.
I hope this helps clarify the context under which confidentiality clauses may exist in ICANN’s contract, and that ICANN does not “require” confidentiality from the vendors, as some of you have inquired about.
ICANN has introduced an innovation into its contracting work in recent years: ICANN has imposed a requirement on all its contractors to fill out conflict of interest statements, which require both the contractor and ICANN to carefully consider the impact of other relationships as it may the work performed by ICANN. ICANN takes the issue of conflicts seriously, and expects its vendors to do the same. Most new contracts that ICANN enters into now contain such conflict of interest statements.
In light of the various questions or comments that arose from several of you, we have reviewed specifically the contracts with the vendors that are listed in the category of “Education/Engagement”, subject to Brett’s original request for information.
For the 7 contracts supporting the “education/engagement” services that ICANN has received, please find below the information that can be shared without challenging the contractual terms:
· Albright Stonebridge Group LLC – engagement and education support to raise awareness of, increase understanding of and increase participation in the IANA Stewardship Transition with stakeholders.
· Edelman·- public relations and communications support to raise awareness of, increase understanding of and increase participation in the IANA Stewardship Transition
· Interface Media – video content project in support of IANA Stewardship Transition
· Rice Hadley Gates LLC - engagement and education support to raise awareness of, increase understanding of and increase participation in the IANA Stewardship Transition with stakeholders.
· Summit Strategies International LLC - engagement and education support to raise awareness of, increase understanding of and increase participation in the IANA Stewardship Transition with US stakeholders.
· WBC Global - engagement and education support to raise awareness of, increase understanding of and increase participation in the IANA Stewardship Transition with US stakeholders.
· Wiley Rein LLP: strategic advice on global Internet Governance issues in the context of the IANA Stewardship Transition.
ICANN enters into confidentiality obligations as a result of bilateral negotiations with vendors - either using ICANN templates or vendor supplied templates. The confidentiality provisions in these 7 contracts were in many instances vendor supplied forms and do not allow, either explicitly or implicitly, for ICANN to disclose publicly the value of the services rendered, or, in several cases, any information pertaining to the contract without mutual agreement. This is consistent with common business and procurement practices, notably for professional services where services and financial terms are highly customized to each customer and project and are viewed by the service providers as competitive information.
Regarding lobbying expenses disclosure, lobbying is a well-defined activity in the US, and ICANN complies with all defined disclosure requirements, which those of you who are lobbyists themselves know well. None of the groups above were engaged in lobbying on behalf of ICANN. Again, refer to the blog posted in October 2015 on this topic (which I had included in my previous answers to the recurring questions on lobbying) referenced below. In addition, Brett has shared below the information that is disclosed by the lobbying firms that ICANN has engaged, retrieved from the link I shared in my previous email.
ICANN does not have other lobbying activities, corresponding to the established definition of such activities.
https://www.icann.org/resources/pages/lobbying-disclosures-contributions-201....
Though this is not fully reflecting the approaches that some of you had suggested, I hope this is helpful. While there is not much else that can be done at this stage in these specific items, we are thankful for your input and comments on this topic, as this has been a helpful exchange to set directions on future ICANN transparency enhancements, whether as part of WS2 or otherwise.
Thank you.
Best,
Xavier
Xavier Calvez
ICANN
CFO
12025 Waterfront Drive, Suite 300
Los Angeles, CA 90094
Office : +1 (310) 301 5838
Mobile : +1 (805) 312 0052
Fax : +1 (310) 957-2348
From: "Schaefer, Brett" <Brett.Schaefer@heritage.org> Date: Wednesday, August 3, 2016 at 11:43 AM To: Xavier Calvez <xavier.calvez@icann.org>, Zakir Syed <zakirbinrehman@yahoo.com>, Marilyn Cade <marilynscade@hotmail.com>, Sam Lanfranco <sam@lanfranco.net>, Phil Corwin <psc@vlaw-dc.com>, Ken Stubbs <kstubbs@afilias.info>, Paul Rosenzweig <paul.rosenzweig@redbranchconsulting.com> Cc: "cwg-stewardship@icann.org" <cwg-stewardship@icann.org>, 'CCWG-Accountability' <accountability-cross-community@icann.org>, "icann-board@icann.org" <icann-board@icann.org>, Executive Team <executive-team@icann.org>, COMMS Team <commsteam@icann.org>, "community-finance@icann.org" <community-finance@icann.org>, Finance Staff <finance-staff@icann.org> Subject: RE: [CCWG-ACCT] [community-finance] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Thank you, I look forward to seeing the information.
Brett Schaefer Jay Kingham Senior Research Fellow in International Regulatory Affairs Margaret Thatcher Center for Freedom Davis Institute for National Security and Foreign Policy The Heritage Foundation 214 Massachusetts Avenue, NE Washington, DC 20002 202-608-6097 heritage.org
From: Xavier J. Calvez [mailto:xavier.calvez@icann.org] Sent: Wednesday, August 03, 2016 2:40 PM To: Schaefer, Brett; Zakir Syed; Marilyn Cade; Sam Lanfranco; Phil Corwin; Ken Stubbs; Paul Rosenzweig Cc: cwg-stewardship@icann.org; 'CCWG-Accountability'; icann-board@icann.org; Executive Team; COMMS Team; community-finance@icann.org; 'Finance Staff' Subject: Re: [CCWG-ACCT] [community-finance] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Brett,
Thank you for following. I apologize for the delay in responding. I am close and hope to send an email response by the end of tomorrow, if not earlier. As you all know, we are working hard on the IANA stewardship transition implementation plan and have many critical deliverables with due dates every week, which consume a lot of our time.
This is not to say that this topic is not fundamentally important, it is, but there are simply other urgent and important activities that we are attending to at the same time.
Thank you.
Best,
Xavier
Xavier Calvez
ICANN
CFO
12025 Waterfront Drive, Suite 300
Los Angeles, CA 90094
Office : +1 (310) 301 5838
Mobile : +1 (805) 312 0052
Fax : +1 (310) 957-2348
From: "Schaefer, Brett" <Brett.Schaefer@heritage.org> Date: Wednesday, August 3, 2016 at 10:40 AM To: "Schaefer, Brett" <Brett.Schaefer@heritage.org>, Zakir Syed <zakirbinrehman@yahoo.com>, Marilyn Cade <marilynscade@hotmail.com>, Sam Lanfranco <sam@lanfranco.net>, Phil Corwin <psc@vlaw-dc.com>, Ken Stubbs <kstubbs@afilias.info>, Paul Rosenzweig <paul.rosenzweig@redbranchconsulting.com>, Xavier Calvez <xavier.calvez@icann.org> Cc: "cwg-stewardship@icann.org" <cwg-stewardship@icann.org>, 'CCWG-Accountability' <accountability-cross-community@icann.org>, "icann-board@icann.org" <icann-board@icann.org>, Executive Team <executive-team@icann.org>, COMMS Team <commsteam@icann.org>, "community-finance@icann.org" <community-finance@icann.org>, Finance Staff <finance-staff@icann.org> Subject: RE: [CCWG-ACCT] [community-finance] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Xavier,
I hope you are back in the office and recovered. I believe you said you would be providing this information when you returned?
Thanks,
Brett
Brett Schaefer Jay Kingham Senior Research Fellow in International Regulatory Affairs Margaret Thatcher Center for Freedom Davis Institute for National Security and Foreign Policy The Heritage Foundation 214 Massachusetts Avenue, NE Washington, DC 20002 202-608-6097 heritage.org
From: accountability-cross-community-bounces@icann.org [mailto:accountability-cross-community-bounces@icann.org] On Behalf Of Schaefer, Brett Sent: Monday, July 25, 2016 2:29 PM To: Zakir Syed; Marilyn Cade; Sam Lanfranco; Phil Corwin; Ken Stubbs; Paul Rosenzweig; 'Xavier J. Calvez' Cc: cwg-stewardship@icann.org; 'CCWG-Accountability'; icann-board@icann.org; 'Executive Team'; 'COMMS Team'; community-finance@icann.org; 'Finance Staff' Subject: Re: [CCWG-ACCT] [community-finance] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Xavier,
Are you planning to answer the questions raised in this thread?
Thanks,
Brett
Brett Schaefer Jay Kingham Senior Research Fellow in International Regulatory Affairs Margaret Thatcher Center for Freedom Davis Institute for National Security and Foreign Policy The Heritage Foundation 214 Massachusetts Avenue, NE Washington, DC 20002 202-608-6097 heritage.org
From: Zakir Syed [mailto:zakirbinrehman@yahoo.com] Sent: Friday, July 22, 2016 4:07 PM To: Marilyn Cade; Sam Lanfranco; Phil Corwin; Ken Stubbs; Paul Rosenzweig; Schaefer, Brett; 'Xavier J. Calvez' Cc: cwg-stewardship@icann.org; 'CCWG-Accountability'; icann-board@icann.org; 'Executive Team'; 'COMMS Team'; community-finance@icann.org; 'Finance Staff' Subject: Re: [CCWG-ACCT] [community-finance] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
This is very useful discussion particularly on this very list. Any idea, how are the consultants/contractors hired by ICANN?. If this is through an RFP/competitive bid thn may be the RFP will have the detail/requirement what is required which in other words will mean what the consultants do. Not?
Zakir
From: Marilyn Cade <marilynscade@hotmail.com> To: Sam Lanfranco <sam@lanfranco.net>; Phil Corwin <psc@vlaw-dc.com>; Ken Stubbs <kstubbs@afilias.info>; Paul Rosenzweig <paul.rosenzweig@redbranchconsulting.com>; "'Schaefer, Brett'" <brett.schaefer@heritage.org>; 'Xavier J. Calvez' <xavier.calvez@icann.org> Cc: "cwg-stewardship@icann.org" <cwg-stewardship@icann.org>; 'CCWG-Accountability' <accountability-cross-community@icann.org>; "icann-board@icann.org" <icann-board@icann.org>; 'Executive Team' <executive-team@icann.org>; 'COMMS Team' <commsteam@icann.org>; "community-finance@icann.org" <community-finance@icann.org>; 'Finance Staff' <finance-staff@icann.org> Sent: Thursday, July 21, 2016 2:27 AM Subject: Re: [CCWG-ACCT] [community-finance] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
I'd like to stick to the topic we are discussing which is disclosure about 'advisors', and lobbyists, and not venture until the gTLDs contracts. I fear that would become a bog that is too unbounded, with some questioning the marketing plans of different gTLDs, like give aways, etc.
So, I ask that as this is the CCWG-ACCT, and the topic is about the amounts paid for consultants specifically working on the IANA transition -- and who they are -- and that they have only ICANN as a client, not also members of ICANN's community on directly related subjects -- we stick to that discussion.
All law firms in the US 'clear' conflicts before accepting a new client, and all corporations 'clear' their consultants. While this may be confidential in both these cases, I do agree that a public interest NGO, which is what ICANN is, can best serve itself, and the interest of the broader ICANN community by as much transparency as possible. BUT let's keep it high level and civil in our request for facts and figures.
As I like to say: Facts are our friends.
Of course, some issues have to be kept confidential.
Who the consultants are has been published, what they were paid would add to the transparency. What they do, at a high level, should be published as well. I will say again that I think that the work is probably much needed. I spend a lot of time -- without being paid -- explaining ICANN as I do my other IG work and it is is a worthwhile task and an important one if we are to demystify ICANN to RoW [Rest of World].
I am sure it is all above board, but it has now taken on a sort of taint of 'why not tell'.
Let's keep this high level and not make it a hunt for the details, but just get the high level facts, and make that a standard.
Will help us all.
M
Subject: Re: [CCWG-ACCT] [community-finance] IANA Stewardship Transition - Project Expenses - FY16 Q3 update To: psc@vlaw-dc.com; kstubbs@afilias.info; paul.rosenzweig@redbranchconsulting.com; marilynscade@hotmail.com; brett.schaefer@heritage.org; xavier.calvez@icann.org CC: cwg-stewardship@icann.org; accountability-cross-community@icann.org; icann-board@icann.org; executive-team@icann.org; commsteam@icann.org; community-finance@icann.org; finance-staff@icann.org From: sam@lanfranco.net Date: Wed, 20 Jul 2016 12:23:12 -0400
As the non-lawyer economist here I would like to observe that the discussion has honed in on a specific enough question, one that has an ICANN definitive answer, and that it should be put both to the Board and the new CEO for a an answer and clarification. I previously worried that the ICANN DNS contract with .sucks seemed to verge on ICANN exposing itself to the RICO act in the U.S., given the .sucks marketing plan. Maybe I am overly cautious but as a not-for-profit corporation operating in the public interest ICANN is more than obliged to provide clarity here. Silence won't do.
Sam Lanfranco, NPOC/CSIH
On 7/20/2016 12:06 PM, Phil Corwin wrote:
If the contract non-disclosure clause indeed violates IRS disclosure requirements then how could ICANN legal agree to it?
Philip S. Corwin, Founding Principal
Virtualaw LLC
1155 F Street, NW
Suite 1050
Washington, DC 20004
202-559-8597/Direct
202-559-8750/Fax
202-255-6172/Cell
Twitter: @VlawDC
"Luck is the residue of design" -- Branch Rickey
From: Ken Stubbs [mailto:kstubbs@afilias.info] Sent: Wednesday, July 20, 2016 11:37 AM To: Paul Rosenzweig; 'Marilyn Cade'; Phil Corwin; 'Schaefer, Brett'; 'Xavier J. Calvez' Cc: cwg-stewardship@icann.org; 'CCWG-Accountability'; icann-board@icann.org; 'Executive Team'; 'COMMS Team'; community-finance@icann.org; 'Finance Staff' Subject: Re: [community-finance] [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
I believe Lori is correct here. IRS requirements on disclosures are usually quite specific here
Ken Stubbs
On 7/20/16 10:32, Lori Schulman wrote:
I don’t believe that 501©3 orgs can consider any consulting fees confidential as the top fees are required to be reported on the 990.
Lori
Lori S. Schulman
Senior Director, Internet Policy
International Trademark Association (INTA)
+1-202-704-0408, Skype: lsschulman
From: accountability-cross-community-bounces@icann.org [mailto:accountability-cross-community-bounces@icann.org] On Behalf Of Paul Rosenzweig Sent: Wednesday, July 20, 2016 10:16 AM To: 'Marilyn Cade' <marilynscade@hotmail.com>; 'Phil Corwin' <psc@vlaw-dc.com>; 'Schaefer, Brett' <brett.schaefer@heritage.org>; 'Xavier J. Calvez' <xavier.calvez@icann.org> Cc: cwg-stewardship@icann.org; 'CCWG-Accountability' <accountability-cross-community@icann.org>; icann-board@icann.org; 'Executive Team' <executive-team@icann.org>; 'COMMS Team' <commsteam@icann.org>; community-finance@icann.org; 'Finance Staff' <finance-staff@icann.org> Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
I agree completely with Marilyn and Phil. I have been on both sides of non-disclosure agreements – both ones requested by me and ones requested by my clients. Typically, a client (in the position of ICANN) may request that a consultant sign an NDA so as to protect the confidentiality of its efforts or its intellectual property. Sometimes a consultant might have a proprietary methodology or process that they are using on behalf of the client that they wish to protect.
Neither circumstance applies here that I can see. And in no case that I am aware of has a client ever asked me to keep confidential my fee … I don’t broadcast them, but I’m in the private sector. For ICANN, which is an NGO acting in the global public interest, I cannot see any reason at all why ICANN would want or agree to a confidentiality arrangement as to the size of the fee paid.
Xavier – can you tell us what the rationale is? I may be missing something …..
Thanks
Paul
Paul Rosenzweig
paul.rosenzweig@redbranchconsulting.com
O: +1 (202) 547-0660
M: +1 (202) 329-9650
VOIP: +1 (202) 738-1739
www.redbranchconsulting.com
My PGP Key: http://redbranchconsulting.com/who-we-are/public-pgp-key/
From: accountability-cross-community-bounces@icann.org [mailto:accountability-cross-community-bounces@icann.org] On Behalf Of Marilyn Cade Sent: Wednesday, July 20, 2016 9:05 AM To: Phil Corwin <psc@vlaw-dc.com>; Schaefer, Brett <brett.schaefer@heritage.org>; Xavier J. Calvez <xavier.calvez@icann.org> Cc: cwg-stewardship@icann.org; CCWG-Accountability <accountability-cross-community@icann.org>; icann-board@icann.org; Executive Team <executive-team@icann.org>; COMMS Team <commsteam@icann.org>; community-finance@icann.org; Finance Staff <finance-staff@icann.org> Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
I support Phil's clarifying explanation.
I also think that anyone who is in this category, should have to declare if they re also representing companies in a SO/AC.
Or advising governments.
In the BC, we do not allow an ICANN consultant to be a BC member, regardless of the amount, but if someone is a backdoor advisor to ICANN and also a group of entities, in a SO/AC, that would not be so obvious, but I think that for integrity sake, of course, any such entity would recuse themselves from advising companies, while also advising ICANN.
And I would expect ICANN to disqualify such entities as their consultants.
Thanks, Phil, for this useful clarification.
M
From: psc@vlaw-dc.com To: Brett.Schaefer@heritage.org; xavier.calvez@icann.org Date: Wed, 20 Jul 2016 00:48:08 +0000 CC: cwg-stewardship@icann.org; accountability-cross-community@icann.org; icann-board@icann.org; executive-team@icann.org; commsteam@icann.org; community-finance@icann.org; finance-staff@icann.org Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
In the U.S. much of what used to be done by registered lobbyists is now performed by “strategic advisors” who walk right up to the line of what constitutes lobbying (and maybe a few inches over), and nonetheless facilitate door opening to key members of Congress and the Executive branch, and who “educate” rather than “lobby” members of both branches of government. So while the seven firms may not be engaged in what is considered lobbying under current U.S. law, they are still likely engaged in helping to assure officials outcomes desired by ICANN corporate.
It is for that reason – as well as for the exercise of effective oversight over ICANN budgeting and expenditures – that the community should have more data on this. If ICANN is prohibited by its contracts with these firms from disclosing its expenditures that is unfortunate – and in the future I would hope that ICANN would tell any firms being considered for such duties that its own transparency obligations to the community preclude it from agreeing to such restrictions (I’d wager that the majority of the firms would waive confidentiality rather than lose the contract).
At a minimum, ICANN should disclose the aggregate amounts spent with these seven firms since they were engaged – surely their contracts don’t bar such aggregate reporting.
Philip S. Corwin, Founding Principal
Virtualaw LLC
1155 F Street, NW
Suite 1050
Washington, DC 20004
202-559-8597/Direct
202-559-8750/Fax
202-255-6172/Cell
Twitter: @VlawDC
"Luck is the residue of design" -- Branch Rickey
From: accountability-cross-community-bounces@icann.org [mailto:accountability-cross-community-bounces@icann.org] On Behalf Of Schaefer, Brett Sent: Tuesday, July 19, 2016 1:04 PM To: Xavier J. Calvez Cc: cwg-stewardship@icann.org; CCWG-Accountability; icann-board@icann.org; Executive Team; COMMS Team; community-finance@icann.org; Finance Staff Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Xavier,
Are you saying that ICANN’s contracts for Education/Engagement/Advice with (1) Albright Stonebridge Group LLC, (2) Edelman, (3) Interface Media, (4) Rice Hadley Gates LLC, (5) Summit Strategies International LLC, (6) WBC Global, and (7) Wiley Rein LLP each contain confidentiality provisions that prohibit ICANN from disclosing the specific amount paid to each of these individual vendors?
Does this only apply to the CCWG and the public or does it also apply to other parts of the ICANN community, specifically the Supporting Organizations and Advisory Committees?
Thank you for the link on lobbying disclosures. For those who are interested, here are ICANN’s lobbying expenditures based on the disclosure website of the U.S. Congress.
I do have a couple of additional questions. Would this source capture lobbying exclusively directed toward the US Executive Branch? Has ICANN spent any funds during this period lobbying governments other than the US?
Thank you,
Brett
Brett Schaefer Jay Kingham Senior Research Fellow in International Regulatory Affairs Margaret Thatcher Center for Freedom Davis Institute for National Security and Foreign Policy The Heritage Foundation 214 Massachusetts Avenue, NE Washington, DC 20002 202-608-6097 heritage.org
From: Xavier J. Calvez [mailto:xavier.calvez@icann.org] Sent: Monday, July 18, 2016 6:30 PM To: Schaefer, Brett Cc: community-finance@icann.org; cwg-stewardship@icann.org; CCWG-Accountability; Executive Team; COMMS Team; icann-board@icann.org; Finance Staff Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Brett,
Yes, the information I provided in my latest email had been included in some previous communication. I just wanted to make sure you had a clear visibility on this information, which provides for (i) categories of expenses, (ii) the individual names of the vendors grouped for each category, and (iii) the total value of the expenses for each category.
With respect to the contractual obligations of confidentiality in commercial contracts, ICANN is subject to them, like all business organizations. That said, we disclose what we can consistent with standard business confidentiality provisions in vendor contracts. We cannot disclose the specific amount of spend with each vendor but we were able to disclose the names of the service providers engaged.
Regarding the lobbying expenses, as you are aware, both organizations that hire lobbyists and firms that lobby on behalf of organizations are required under U.S. federal law to file lobbying disclosure reports. In addition to ICANN’s quarterly lobbying disclosures posted on our website, you can find the amounts ICANN has paid to individual outside lobbying firms at http://disclosures.house.gov/ld/ldsearch.aspx.
I hope this helps and clarifies.
Thank you.
Best,
Xavier
Xavier Calvez
ICANN
CFO
12025 Waterfront Drive, Suite 300
Los Angeles, CA 90094
Office : +1 (310) 301 5838
Mobile : +1 (805) 312 0052
Fax : +1 (310) 957-2348
From: "Schaefer, Brett" <Brett.Schaefer@heritage.org> Date: Thursday, July 14, 2016 at 7:07 AM To: Xavier Calvez <xavier.calvez@icann.org> Cc: "community-finance@icann.org" <community-finance@icann.org>, "cwg-stewardship@icann.org" <cwg-stewardship@icann.org>, CCWG-Accountability <accountability-cross-community@icann.org>, Executive Team <executive-team@icann.org>, COMMS Team <commsteam@icann.org>, "icann-board@icann.org" <icann-board@icann.org>, Finance Staff <finance-staff@icann.org> Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Xavier,
This is pretty much the same information that was provided before. I am asking for a breakdown of how much was paid to each vender in the lobbying category (Akin Gump, etc.) and the education/engagement/advice category (Albright Stoneridge, etc.).
Thank you,
Brett
On Jul 13, 2016, at 8:13 PM, Xavier J. Calvez <xavier.calvez@icann.org> wrote:
Dear Brett, In response to your question listed below on 22 June: the detailed information provided on Other professional fees (other than legal fees, detailed in a separate section of the “Transition project cost” expense webpage, on the IANA Stewardship Transition webpage) can be found in the section called “Professional Services – Expenses Breakdown”. Within this section, you will find a link to a document that provides the list of Professional Services (other than legal fees) incurred, by category, with the names of the vendors, and the total amount of expenditures for the category. This link is copied below and was provided in my first answer to your question. I have also attached the file to which this link refers in case the link would not work for you. https://www.icann.org/en/system/files/files/iana-stewardship-expenses-profes... If this not addressing your question, please let me know.
Thank you.
Best,
Xavier
Xavier Calvez
ICANN
CFO
12025 Waterfront Drive, Suite 300
Los Angeles, CA 90094
Office : +1 (310) 301 5838
Mobile : +1 (805) 312 0052
Fax : +1 (310) 957-2348
Brett Schaefer Jay Kingham Senior Research Fellow in International Regulatory Affairs Margaret Thatcher Center for Freedom Davis Institute for National Security and Foreign Policy The Heritage Foundation 214 Massachusetts Avenue, NE Washington, DC 20002 202-608-6097 heritage.org
From: Xavier Calvez <xavier.calvez@icann.org> Date: Tuesday, July 12, 2016 at 9:45 AM To: "Schaefer, Brett" <Brett.Schaefer@heritage.org>, "community-finance@icann.org" <community-finance@icann.org>, "cwg-stewardship@icann.org" <cwg-stewardship@icann.org>, CCWG-Accountability <accountability-cross-community@icann.org> Cc: Executive Team <executive-team@icann.org>, COMMS Team <commsteam@icann.org>, "icann-board@icann.org" <icann-board@icann.org>, Finance Staff <finance-staff@icann.org> Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Brett,
Thank you for following up.
I will make sure to respond no later than the end of this week.
Thank you.
Best,
Xavier
Xavier Calvez
ICANN
CFO
12025 Waterfront Drive, Suite 300
Los Angeles, CA 90094
Office : +1 (310) 301 5838
Mobile : +1 (805) 312 0052
Fax : +1 (310) 957-2348
From: "Schaefer, Brett" <Brett.Schaefer@heritage.org> Date: Tuesday, July 12, 2016 at 11:38 AM To: Xavier Calvez <xavier.calvez@icann.org>, "community-finance@icann.org" <community-finance@icann.org>, "cwg-stewardship@icann.org" <cwg-stewardship@icann.org>, CCWG-Accountability <accountability-cross-community@icann.org> Cc: Executive Team <executive-team@icann.org>, COMMS Team <commsteam@icann.org>, "icann-board@icann.org" <icann-board@icann.org>, Finance Staff <finance-staff@icann.org> Subject: RE: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Xavier,
Thanks for promising to get this information to me in Helsinki. Do you have an estimate for when it will be provided?
Thanks,
Brett
Brett Schaefer Jay Kingham Senior Research Fellow in International Regulatory Affairs Margaret Thatcher Center for Freedom Davis Institute for National Security and Foreign Policy The Heritage Foundation 214 Massachusetts Avenue, NE Washington, DC 20002 202-608-6097 heritage.org
From: Schaefer, Brett Sent: Wednesday, June 22, 2016 2:39 PM To: 'Xavier J. Calvez'; community-finance@icann.org; cwg-stewardship@icann.org; CCWG-Accountability Cc: Executive Team; COMMS Team; icann-board@icann.org; Finance Staff Subject: RE: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Xavier,
I appreciate the detailed breakdown on the legal fees That is indeed what I was looking for though I would think it useful to have the totals provided in the summary document.
However, I did not see similar information for lobbying or education/ engagement/advice in the links provided. In fact, the only specific information that I saw listed is for Jamie Hedlund at $200,000. No information on other individual firms or vendors is listed at all – only the top line budget expenditure in the summary document link originally sent around.
Could you provide that information?
Thanks,
Brett
From: Xavier J. Calvez [mailto:xavier.calvez@icann.org] Sent: Wednesday, June 22, 2016 10:43 AM To: Schaefer, Brett; community-finance@icann.org; cwg-stewardship@icann.org; CCWG-Accountability Cc: Executive Team; COMMS Team; icann-board@icann.org; Finance Staff Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Dear all,
It appears that the first link in my email further below (detail of legal fees by firm) does not resolve correctly. Please use the below instead.
https://www.icann.org/en/system/files/files/iana-stewardship-expenses-legal-...
Thank you.
Best,
Xavier
Xavier Calvez
ICANN
CFO
12025 Waterfront Drive, Suite 300
Los Angeles, CA 90094
Office : +1 (310) 301 5838
Mobile : +1 (805) 312 0052
Fax : +1 (310) 957-2348
From: Xavier Calvez <xavier.calvez@icann.org> Date: Wednesday, June 22, 2016 at 1:01 PM To: "Schaefer, Brett" <Brett.Schaefer@heritage.org>, "community-finance@icann.org" <community-finance@icann.org>, "cwg-stewardship@icann.org" <cwg-stewardship@icann.org>, CCWG-Accountability <accountability-cross-community@icann.org> Cc: Executive Team <executive-team@icann.org>, COMMS Team <commsteam@icann.org>, "icann-board@icann.org" <icann-board@icann.org>, Finance Staff <finance-staff@icann.org> Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Dear Brett,
Thank you for your interest and question.
We currently publish the list of all vendors from whom ICANN obtain services in relation to the IANA Stewardship transition. The $$ value of the services received is aggregated by category of expenses, which you mention below (US Government affairs, Education/engagement/advice,…). This presentation is driven by 2 factors: providing clarity as to the type of services received, and abiding by the contractual obligation of confidentiality in force with each of the vendors (resulting from standard business sensitive information).
We do publish however the detail of the legal advice, by firm and by working group, on this same page (see for example the link to the report of fees by firm: https://www.icann.org/en/system/files/files/iana-stewardship-expenses-legal-...).
You will also find more information relative to ICANN’s lobbying in the following blog published a few months ago. In this blog, you will also find links to the disclosure reports that ICANN makes on lobbying activities.
https://www.icann.org/resources/pages/lobbying-disclosures-contributions-201....
Lastly, further information on lobbying appears in ICANN’s form 990 (Schedule C, Part II-B. On page 33/73 of the FY15 form 990 published at the following link):
https://www.icann.org/en/system/files/files/fy-2015-form-990-10may16-en.pdf
I hope this helps. Please let me know if you have further questions.
Thank you.
Best,
Xavier
Xavier Calvez
ICANN
CFO
12025 Waterfront Drive, Suite 300
Los Angeles, CA 90094
Office : +1 (310) 301 5838
Mobile : +1 (805) 312 0052
Fax : +1 (310) 957-2348
From: "Schaefer, Brett" <Brett.Schaefer@heritage.org> Date: Tuesday, June 21, 2016 at 9:54 PM To: Xavier Calvez <xavier.calvez@icann.org>, "community-finance@icann.org" <community-finance@icann.org>, "cwg-stewardship@icann.org" <cwg-stewardship@icann.org>, CCWG-Accountability <accountability-cross-community@icann.org> Cc: Executive Team <executive-team@icann.org>, COMMS Team <commsteam@icann.org>, "icann-board@icann.org" <icann-board@icann.org>, Finance Staff <finance-staff@icann.org> Subject: RE: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Xavier,
Thank you. Could you please provide a more detailed breakdown of legal advice, US government affairs, and educations/engagement/advice? In each category, there are multiple firms/vendors listed (https://www.icann.org/en/system/files/files/iana-stewardship-expenses-profes...). I would appreciate the amount provided to each individual vendor. If it is provided somewhere, I would appreciate you letting me know where to find it.
Much appreciated,
Brett
Brett Schaefer Jay Kingham Senior Research Fellow in International Regulatory Affairs Margaret Thatcher Center for Freedom Davis Institute for National Security and Foreign Policy The Heritage Foundation 214 Massachusetts Avenue, NE Washington, DC 20002 202-608-6097 heritage.org
From: accountability-cross-community-bounces@icann.org [mailto:accountability-cross-community-bounces@icann.org] On Behalf Of Xavier J. Calvez Sent: Saturday, June 18, 2016 12:10 AM To: community-finance@icann.org; cwg-stewardship@icann.org; CCWG-Accountability Cc: Executive Team; COMMS Team; icann-board@icann.org; Finance Staff Subject: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Dear all,
You find at the link below the updated project’s expenses as of FY16 Q3 (from July 2014 to March 2016). As indicated a few months ago, we have added new detailed information on the staff support with the individual positions, names and percentages of effort over the period.
https://www.icann.org/resources/pages/iana-stewardship-project-costs
Thank you.
Best,
Xavier
Xavier Calvez
ICANN
CFO
12025 Waterfront Drive, Suite 300
Los Angeles, CA 90094
Office : +1 (310) 301 5838
Mobile : +1 (805) 312 0052
Fax : +1 (310) 957-2348
<iana-stewardship-expenses-professional-vendor-01jun16-en.pdf>
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Xavier,
Thank you for the response. I appreciate that this is more disclosure than ICANN has provided previously.
But I remain concerned over the lack of transparency. You said that “ICANN enters into confidentiality obligations as a result of bilateral negotiations with vendors.” I have several follow-up questions:
· Would this confidentiality obligation prevent disclosure through the DIDP process?
· Would this confidentiality obligation prevent individual Directors from obtaining this information through their Right of Inspection?
· Would this confidentiality obligation prevent an individual Decisional Participant from obtaining this information if they requested it under their right of inspection of ICANN accounting books and records pursuant to the provisions of Section 6333 of the CCC?
· Would this confidentiality obligation prevent the Empowered Community from obtaining the information through its right to launch a third-party, independent investigation if three Decisional Participants determine that there is a credible allegation that ICANN has committed fraud or that there has been a gross mismanagement of ICANN’s resources?
Finally, I did not see where you clarified whether ICANN engaged other vendors to perform similar tasks in non-US countries.
Best,
Brett
Brett Schaefer Jay Kingham Senior Research Fellow in International Regulatory Affairs Margaret Thatcher Center for Freedom Davis Institute for National Security and Foreign Policy The Heritage Foundation 214 Massachusetts Avenue, NE Washington, DC 20002 202-608-6097 heritage.org<http://heritage.org/> From: Xavier J. Calvez [mailto:xavier.calvez@icann.org] Sent: Friday, August 05, 2016 4:52 PM To: Schaefer, Brett; Zakir Syed; Marilyn Cade; Sam Lanfranco; Phil Corwin; Ken Stubbs; Paul Rosenzweig; cwg-stewardship@icann.org; 'CCWG-Accountability' Cc: icann-board@icann.org; Executive Team; COMMS Team; community-finance@icann.org; 'Finance Staff' Subject: Re: [CCWG-ACCT] [community-finance] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
All,
I have taken several days to review the various inputs and questions you have provided in this email chain, and have involved several ICANN staff members on this topic. Here is [finally!] a response.
While ICANN is required under law to report in its form 990 on the identity and amounts paid to its five highest paid independent contractors, we exceed this requirement by reporting on amounts paid to all contractors to which ICANN pays over US$1,000,000 within a fiscal year. See, for example, ICANN’s Form 990 for FY15, at https://www.icann.org/en/system/files/files/fy-2015-form-990-10may16-en.pdf<https://www.icann.org/en/system/files/files/fy-2015-form-990-10may16-en.pdf>, pages 67-73. None of the vendors in the “Education/engagement” category reach the US$1,000,000 limit, therefore the issue of disclosure of the specific amounts of their work has not been triggered under ICANN’s expansive reporting practices. The reporting on lobbying expenditures, as has been previously discussed, is completed through ICANN’s Form 990 filing, as well as through the forms available at http://disclosures.house.gov/ld/ldsearch.aspx<http://disclosures.house.gov/ld/ldsearch.aspx>, which each identify both the specific issues covered in the lobbying activity as well as the House of the U.S. Congress or Federal Agency to which the activity was directed.
ICANN’s general vendor contracts (which are separate from the publicly available registry and registrar contracts) are commercial contracts containing commitments between two contracting entities. Many of these contracts contain confidentiality clauses, including those requested by vendors. This is normal throughout commercial contracting practice. For example, some vendors have propriety forms for their contracts that they do not want to release; some are subject to “MFN” clauses, which could require them to offer terms or services to other customers that are equal to more favorable clauses offered to other customers; some have confidential pricing schedules; some have propriety information included within the description of how they will deliver services; etc. ICANN’s ability to enter into these normal commercial contracts allows ICANN to obtain the best services needed at the best prices it can negotiate. I hope this helps clarify the context under which confidentiality clauses may exist in ICANN’s contract, and that ICANN does not “require” confidentiality from the vendors, as some of you have inquired about.
ICANN has introduced an innovation into its contracting work in recent years: ICANN has imposed a requirement on all its contractors to fill out conflict of interest statements, which require both the contractor and ICANN to carefully consider the impact of other relationships as it may the work performed by ICANN. ICANN takes the issue of conflicts seriously, and expects its vendors to do the same. Most new contracts that ICANN enters into now contain such conflict of interest statements.
In light of the various questions or comments that arose from several of you, we have reviewed specifically the contracts with the vendors that are listed in the category of “Education/Engagement”, subject to Brett’s original request for information.
For the 7 contracts supporting the “education/engagement” services that ICANN has received, please find below the information that can be shared without challenging the contractual terms:
• Albright Stonebridge Group LLC – engagement and education support to raise awareness of, increase understanding of and increase participation in the IANA Stewardship Transition with stakeholders.
• Edelman·- public relations and communications support to raise awareness of, increase understanding of and increase participation in the IANA Stewardship Transition
• Interface Media – video content project in support of IANA Stewardship Transition
• Rice Hadley Gates LLC - engagement and education support to raise awareness of, increase understanding of and increase participation in the IANA Stewardship Transition with stakeholders.
• Summit Strategies International LLC - engagement and education support to raise awareness of, increase understanding of and increase participation in the IANA Stewardship Transition with US stakeholders.
• WBC Global - engagement and education support to raise awareness of, increase understanding of and increase participation in the IANA Stewardship Transition with US stakeholders.
• Wiley Rein LLP: strategic advice on global Internet Governance issues in the context of the IANA Stewardship Transition.
ICANN enters into confidentiality obligations as a result of bilateral negotiations with vendors - either using ICANN templates or vendor supplied templates. The confidentiality provisions in these 7 contracts were in many instances vendor supplied forms and do not allow, either explicitly or implicitly, for ICANN to disclose publicly the value of the services rendered, or, in several cases, any information pertaining to the contract without mutual agreement. This is consistent with common business and procurement practices, notably for professional services where services and financial terms are highly customized to each customer and project and are viewed by the service providers as competitive information.
Regarding lobbying expenses disclosure, lobbying is a well-defined activity in the US, and ICANN complies with all defined disclosure requirements, which those of you who are lobbyists themselves know well. None of the groups above were engaged in lobbying on behalf of ICANN. Again, refer to the blog posted in October 2015 on this topic (which I had included in my previous answers to the recurring questions on lobbying) referenced below. In addition, Brett has shared below the information that is disclosed by the lobbying firms that ICANN has engaged, retrieved from the link I shared in my previous email. ICANN does not have other lobbying activities, corresponding to the established definition of such activities.
Though this is not fully reflecting the approaches that some of you had suggested, I hope this is helpful. While there is not much else that can be done at this stage in these specific items, we are thankful for your input and comments on this topic, as this has been a helpful exchange to set directions on future ICANN transparency enhancements, whether as part of WS2 or otherwise.
Thank you.
Best, Xavier
Xavier Calvez ICANN CFO 12025 Waterfront Drive, Suite 300 Los Angeles, CA 90094 Office : +1 (310) 301 5838 Mobile : +1 (805) 312 0052 Fax : +1 (310) 957-2348
From: "Schaefer, Brett" <Brett.Schaefer@heritage.org<mailto:Brett.Schaefer@heritage.org>> Date: Wednesday, August 3, 2016 at 11:43 AM To: Xavier Calvez <xavier.calvez@icann.org<mailto:xavier.calvez@icann.org>>, Zakir Syed <zakirbinrehman@yahoo.com<mailto:zakirbinrehman@yahoo.com>>, Marilyn Cade <marilynscade@hotmail.com<mailto:marilynscade@hotmail.com>>, Sam Lanfranco <sam@lanfranco.net<mailto:sam@lanfranco.net>>, Phil Corwin <psc@vlaw-dc.com<mailto:psc@vlaw-dc.com>>, Ken Stubbs <kstubbs@afilias.info<mailto:kstubbs@afilias.info>>, Paul Rosenzweig <paul.rosenzweig@redbranchconsulting.com<mailto:paul.rosenzweig@redbranchconsulting.com>> Cc: "cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>" <cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>>, 'CCWG-Accountability' <accountability-cross-community@icann.org<mailto:accountability-cross-community@icann.org>>, "icann-board@icann.org<mailto:icann-board@icann.org>" <icann-board@icann.org<mailto:icann-board@icann.org>>, Executive Team <executive-team@icann.org<mailto:executive-team@icann.org>>, COMMS Team <commsteam@icann.org<mailto:commsteam@icann.org>>, "community-finance@icann.org<mailto:community-finance@icann.org>" <community-finance@icann.org<mailto:community-finance@icann.org>>, Finance Staff <finance-staff@icann.org<mailto:finance-staff@icann.org>> Subject: RE: [CCWG-ACCT] [community-finance] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Thank you, I look forward to seeing the information.
Brett Schaefer Jay Kingham Senior Research Fellow in International Regulatory Affairs Margaret Thatcher Center for Freedom Davis Institute for National Security and Foreign Policy The Heritage Foundation 214 Massachusetts Avenue, NE Washington, DC 20002 202-608-6097 heritage.org<http://heritage.org/> From: Xavier J. Calvez [mailto:xavier.calvez@icann.org] Sent: Wednesday, August 03, 2016 2:40 PM To: Schaefer, Brett; Zakir Syed; Marilyn Cade; Sam Lanfranco; Phil Corwin; Ken Stubbs; Paul Rosenzweig Cc: cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>; 'CCWG-Accountability'; icann-board@icann.org<mailto:icann-board@icann.org>; Executive Team; COMMS Team; community-finance@icann.org<mailto:community-finance@icann.org>; 'Finance Staff' Subject: Re: [CCWG-ACCT] [community-finance] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Brett, Thank you for following. I apologize for the delay in responding. I am close and hope to send an email response by the end of tomorrow, if not earlier. As you all know, we are working hard on the IANA stewardship transition implementation plan and have many critical deliverables with due dates every week, which consume a lot of our time. This is not to say that this topic is not fundamentally important, it is, but there are simply other urgent and important activities that we are attending to at the same time.
Thank you.
Best, Xavier
Xavier Calvez ICANN CFO 12025 Waterfront Drive, Suite 300 Los Angeles, CA 90094 Office : +1 (310) 301 5838 Mobile : +1 (805) 312 0052 Fax : +1 (310) 957-2348
From: "Schaefer, Brett" <Brett.Schaefer@heritage.org<mailto:Brett.Schaefer@heritage.org>> Date: Wednesday, August 3, 2016 at 10:40 AM To: "Schaefer, Brett" <Brett.Schaefer@heritage.org<mailto:Brett.Schaefer@heritage.org>>, Zakir Syed <zakirbinrehman@yahoo.com<mailto:zakirbinrehman@yahoo.com>>, Marilyn Cade <marilynscade@hotmail.com<mailto:marilynscade@hotmail.com>>, Sam Lanfranco <sam@lanfranco.net<mailto:sam@lanfranco.net>>, Phil Corwin <psc@vlaw-dc.com<mailto:psc@vlaw-dc.com>>, Ken Stubbs <kstubbs@afilias.info<mailto:kstubbs@afilias.info>>, Paul Rosenzweig <paul.rosenzweig@redbranchconsulting.com<mailto:paul.rosenzweig@redbranchconsulting.com>>, Xavier Calvez <xavier.calvez@icann.org<mailto:xavier.calvez@icann.org>> Cc: "cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>" <cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>>, 'CCWG-Accountability' <accountability-cross-community@icann.org<mailto:accountability-cross-community@icann.org>>, "icann-board@icann.org<mailto:icann-board@icann.org>" <icann-board@icann.org<mailto:icann-board@icann.org>>, Executive Team <executive-team@icann.org<mailto:executive-team@icann.org>>, COMMS Team <commsteam@icann.org<mailto:commsteam@icann.org>>, "community-finance@icann.org<mailto:community-finance@icann.org>" <community-finance@icann.org<mailto:community-finance@icann.org>>, Finance Staff <finance-staff@icann.org<mailto:finance-staff@icann.org>> Subject: RE: [CCWG-ACCT] [community-finance] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Xavier,
I hope you are back in the office and recovered. I believe you said you would be providing this information when you returned?
Thanks,
Brett
Brett Schaefer Jay Kingham Senior Research Fellow in International Regulatory Affairs Margaret Thatcher Center for Freedom Davis Institute for National Security and Foreign Policy The Heritage Foundation 214 Massachusetts Avenue, NE Washington, DC 20002 202-608-6097 heritage.org<http://heritage.org/> From: accountability-cross-community-bounces@icann.org<mailto:accountability-cross-community-bounces@icann.org> [mailto:accountability-cross-community-bounces@icann.org] On Behalf Of Schaefer, Brett Sent: Monday, July 25, 2016 2:29 PM To: Zakir Syed; Marilyn Cade; Sam Lanfranco; Phil Corwin; Ken Stubbs; Paul Rosenzweig; 'Xavier J. Calvez' Cc: cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>; 'CCWG-Accountability'; icann-board@icann.org<mailto:icann-board@icann.org>; 'Executive Team'; 'COMMS Team'; community-finance@icann.org<mailto:community-finance@icann.org>; 'Finance Staff' Subject: Re: [CCWG-ACCT] [community-finance] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Xavier,
Are you planning to answer the questions raised in this thread?
Thanks,
Brett
Brett Schaefer Jay Kingham Senior Research Fellow in International Regulatory Affairs Margaret Thatcher Center for Freedom Davis Institute for National Security and Foreign Policy The Heritage Foundation 214 Massachusetts Avenue, NE Washington, DC 20002 202-608-6097 heritage.org<http://heritage.org/> From: Zakir Syed [mailto:zakirbinrehman@yahoo.com] Sent: Friday, July 22, 2016 4:07 PM To: Marilyn Cade; Sam Lanfranco; Phil Corwin; Ken Stubbs; Paul Rosenzweig; Schaefer, Brett; 'Xavier J. Calvez' Cc: cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>; 'CCWG-Accountability'; icann-board@icann.org<mailto:icann-board@icann.org>; 'Executive Team'; 'COMMS Team'; community-finance@icann.org<mailto:community-finance@icann.org>; 'Finance Staff' Subject: Re: [CCWG-ACCT] [community-finance] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
This is very useful discussion particularly on this very list. Any idea, how are the consultants/contractors hired by ICANN?. If this is through an RFP/competitive bid thn may be the RFP will have the detail/requirement what is required which in other words will mean what the consultants do. Not?
Zakir
From: Marilyn Cade <marilynscade@hotmail.com<mailto:marilynscade@hotmail.com>> To: Sam Lanfranco <sam@lanfranco.net<mailto:sam@lanfranco.net>>; Phil Corwin <psc@vlaw-dc.com<mailto:psc@vlaw-dc.com>>; Ken Stubbs <kstubbs@afilias.info<mailto:kstubbs@afilias.info>>; Paul Rosenzweig <paul.rosenzweig@redbranchconsulting.com<mailto:paul.rosenzweig@redbranchconsulting.com>>; "'Schaefer, Brett'" <brett.schaefer@heritage.org<mailto:brett.schaefer@heritage.org>>; 'Xavier J. Calvez' <xavier.calvez@icann.org<mailto:xavier.calvez@icann.org>> Cc: "cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>" <cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>>; 'CCWG-Accountability' <accountability-cross-community@icann.org<mailto:accountability-cross-community@icann.org>>; "icann-board@icann.org<mailto:icann-board@icann.org>" <icann-board@icann.org<mailto:icann-board@icann.org>>; 'Executive Team' <executive-team@icann.org<mailto:executive-team@icann.org>>; 'COMMS Team' <commsteam@icann.org<mailto:commsteam@icann.org>>; "community-finance@icann.org<mailto:community-finance@icann.org>" <community-finance@icann.org<mailto:community-finance@icann.org>>; 'Finance Staff' <finance-staff@icann.org<mailto:finance-staff@icann.org>> Sent: Thursday, July 21, 2016 2:27 AM Subject: Re: [CCWG-ACCT] [community-finance] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
I'd like to stick to the topic we are discussing which is disclosure about 'advisors', and lobbyists, and not venture until the gTLDs contracts. I fear that would become a bog that is too unbounded, with some questioning the marketing plans of different gTLDs, like give aways, etc.
So, I ask that as this is the CCWG-ACCT, and the topic is about the amounts paid for consultants specifically working on the IANA transition -- and who they are -- and that they have only ICANN as a client, not also members of ICANN's community on directly related subjects -- we stick to that discussion.
All law firms in the US 'clear' conflicts before accepting a new client, and all corporations 'clear' their consultants. While this may be confidential in both these cases, I do agree that a public interest NGO, which is what ICANN is, can best serve itself, and the interest of the broader ICANN community by as much transparency as possible. BUT let's keep it high level and civil in our request for facts and figures.
As I like to say: Facts are our friends.
Of course, some issues have to be kept confidential.
Who the consultants are has been published, what they were paid would add to the transparency. What they do, at a high level, should be published as well. I will say again that I think that the work is probably much needed. I spend a lot of time -- without being paid -- explaining ICANN as I do my other IG work and it is is a worthwhile task and an important one if we are to demystify ICANN to RoW [Rest of World].
I am sure it is all above board, but it has now taken on a sort of taint of 'why not tell'.
Let's keep this high level and not make it a hunt for the details, but just get the high level facts, and make that a standard.
Will help us all.
M
Subject: Re: [CCWG-ACCT] [community-finance] IANA Stewardship Transition - Project Expenses - FY16 Q3 update To: psc@vlaw-dc.com<mailto:psc@vlaw-dc.com>; kstubbs@afilias.info<mailto:kstubbs@afilias.info>; paul.rosenzweig@redbranchconsulting.com<mailto:paul.rosenzweig@redbranchconsulting.com>; marilynscade@hotmail.com<mailto:marilynscade@hotmail.com>; brett.schaefer@heritage.org<mailto:brett.schaefer@heritage.org>; xavier.calvez@icann.org<mailto:xavier.calvez@icann.org> CC: cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>; accountability-cross-community@icann.org<mailto:accountability-cross-community@icann.org>; icann-board@icann.org<mailto:icann-board@icann.org>; executive-team@icann.org<mailto:executive-team@icann.org>; commsteam@icann.org<mailto:commsteam@icann.org>; community-finance@icann.org<mailto:community-finance@icann.org>; finance-staff@icann.org<mailto:finance-staff@icann.org> From: sam@lanfranco.net<mailto:sam@lanfranco.net> Date: Wed, 20 Jul 2016 12:23:12 -0400
As the non-lawyer economist here I would like to observe that the discussion has honed in on a specific enough question, one that has an ICANN definitive answer, and that it should be put both to the Board and the new CEO for a an answer and clarification. I previously worried that the ICANN DNS contract with .sucks seemed to verge on ICANN exposing itself to the RICO act in the U.S., given the .sucks marketing plan. Maybe I am overly cautious but as a not-for-profit corporation operating in the public interest ICANN is more than obliged to provide clarity here. Silence won't do.
Sam Lanfranco, NPOC/CSIH On 7/20/2016 12:06 PM, Phil Corwin wrote: If the contract non-disclosure clause indeed violates IRS disclosure requirements then how could ICANN legal agree to it?
Philip S. Corwin, Founding Principal Virtualaw LLC 1155 F Street, NW Suite 1050 Washington, DC 20004 202-559-8597/Direct 202-559-8750/Fax 202-255-6172/Cell
Twitter: @VlawDC
"Luck is the residue of design" -- Branch Rickey
From: Ken Stubbs [mailto:kstubbs@afilias.info] Sent: Wednesday, July 20, 2016 11:37 AM To: Paul Rosenzweig; 'Marilyn Cade'; Phil Corwin; 'Schaefer, Brett'; 'Xavier J. Calvez' Cc: cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>; 'CCWG-Accountability'; icann-board@icann.org<mailto:icann-board@icann.org>; 'Executive Team'; 'COMMS Team'; community-finance@icann.org<mailto:community-finance@icann.org>; 'Finance Staff' Subject: Re: [community-finance] [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
I believe Lori is correct here. IRS requirements on disclosures are usually quite specific here
Ken Stubbs On 7/20/16 10:32, Lori Schulman wrote: I don’t believe that 501©3 orgs can consider any consulting fees confidential as the top fees are required to be reported on the 990.
Lori
Lori S. Schulman Senior Director, Internet Policy International Trademark Association (INTA) +1-202-704-0408, Skype: lsschulman
From: accountability-cross-community-bounces@icann.org<mailto:accountability-cross-community-bounces@icann.org> [mailto:accountability-cross-community-bounces@icann.org] On Behalf Of Paul Rosenzweig Sent: Wednesday, July 20, 2016 10:16 AM To: 'Marilyn Cade' <marilynscade@hotmail.com><mailto:marilynscade@hotmail.com>; 'Phil Corwin' <psc@vlaw-dc.com><mailto:psc@vlaw-dc.com>; 'Schaefer, Brett' <brett.schaefer@heritage.org><mailto:brett.schaefer@heritage.org>; 'Xavier J. Calvez' <xavier.calvez@icann.org><mailto:xavier.calvez@icann.org> Cc: cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>; 'CCWG-Accountability' <accountability-cross-community@icann.org><mailto:accountability-cross-community@icann.org>; icann-board@icann.org<mailto:icann-board@icann.org>; 'Executive Team' <executive-team@icann.org><mailto:executive-team@icann.org>; 'COMMS Team' <commsteam@icann.org><mailto:commsteam@icann.org>; community-finance@icann.org<mailto:community-finance@icann.org>; 'Finance Staff' <finance-staff@icann.org><mailto:finance-staff@icann.org> Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
I agree completely with Marilyn and Phil. I have been on both sides of non-disclosure agreements – both ones requested by me and ones requested by my clients. Typically, a client (in the position of ICANN) may request that a consultant sign an NDA so as to protect the confidentiality of its efforts or its intellectual property. Sometimes a consultant might have a proprietary methodology or process that they are using on behalf of the client that they wish to protect.
Neither circumstance applies here that I can see. And in no case that I am aware of has a client ever asked me to keep confidential my fee … I don’t broadcast them, but I’m in the private sector. For ICANN, which is an NGO acting in the global public interest, I cannot see any reason at all why ICANN would want or agree to a confidentiality arrangement as to the size of the fee paid.
Xavier – can you tell us what the rationale is? I may be missing something …..
Thanks Paul
Paul Rosenzweig paul.rosenzweig@redbranchconsulting.com<mailto:paul.rosenzweig@redbranchconsulting.com> O: +1 (202) 547-0660 M: +1 (202) 329-9650 VOIP: +1 (202) 738-1739 www.redbranchconsulting.com<http://www.redbranchconsulting.com/> My PGP Key: http://redbranchconsulting.com/who-we-are/public-pgp-key/<http://redbranchconsulting.com/who-we-are/public-pgp-key/>
From: accountability-cross-community-bounces@icann.org<mailto:accountability-cross-community-bounces@icann.org> [mailto:accountability-cross-community-bounces@icann.org] On Behalf Of Marilyn Cade Sent: Wednesday, July 20, 2016 9:05 AM To: Phil Corwin <psc@vlaw-dc.com<mailto:psc@vlaw-dc.com>>; Schaefer, Brett <brett.schaefer@heritage.org<mailto:brett.schaefer@heritage.org>>; Xavier J. Calvez <xavier.calvez@icann.org<mailto:xavier.calvez@icann.org>> Cc: cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>; CCWG-Accountability <accountability-cross-community@icann.org<mailto:accountability-cross-community@icann.org>>; icann-board@icann.org<mailto:icann-board@icann.org>; Executive Team <executive-team@icann.org<mailto:executive-team@icann.org>>; COMMS Team <commsteam@icann.org<mailto:commsteam@icann.org>>; community-finance@icann.org<mailto:community-finance@icann.org>; Finance Staff <finance-staff@icann.org<mailto:finance-staff@icann.org>> Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
I support Phil's clarifying explanation.
I also think that anyone who is in this category, should have to declare if they re also representing companies in a SO/AC.
Or advising governments.
In the BC, we do not allow an ICANN consultant to be a BC member, regardless of the amount, but if someone is a backdoor advisor to ICANN and also a group of entities, in a SO/AC, that would not be so obvious, but I think that for integrity sake, of course, any such entity would recuse themselves from advising companies, while also advising ICANN.
And I would expect ICANN to disqualify such entities as their consultants.
Thanks, Phil, for this useful clarification.
M
From: psc@vlaw-dc.com<mailto:psc@vlaw-dc.com> To: Brett.Schaefer@heritage.org<mailto:Brett.Schaefer@heritage.org>; xavier.calvez@icann.org<mailto:xavier.calvez@icann.org> Date: Wed, 20 Jul 2016 00:48:08 +0000 CC: cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>; accountability-cross-community@icann.org<mailto:accountability-cross-community@icann.org>; icann-board@icann.org<mailto:icann-board@icann.org>; executive-team@icann.org<mailto:executive-team@icann.org>; commsteam@icann.org<mailto:commsteam@icann.org>; community-finance@icann.org<mailto:community-finance@icann.org>; finance-staff@icann.org<mailto:finance-staff@icann.org> Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update In the U.S. much of what used to be done by registered lobbyists is now performed by “strategic advisors” who walk right up to the line of what constitutes lobbying (and maybe a few inches over), and nonetheless facilitate door opening to key members of Congress and the Executive branch, and who “educate” rather than “lobby” members of both branches of government. So while the seven firms may not be engaged in what is considered lobbying under current U.S. law, they are still likely engaged in helping to assure officials outcomes desired by ICANN corporate.
It is for that reason – as well as for the exercise of effective oversight over ICANN budgeting and expenditures – that the community should have more data on this. If ICANN is prohibited by its contracts with these firms from disclosing its expenditures that is unfortunate – and in the future I would hope that ICANN would tell any firms being considered for such duties that its own transparency obligations to the community preclude it from agreeing to such restrictions (I’d wager that the majority of the firms would waive confidentiality rather than lose the contract).
At a minimum, ICANN should disclose the aggregate amounts spent with these seven firms since they were engaged – surely their contracts don’t bar such aggregate reporting.
Philip S. Corwin, Founding Principal Virtualaw LLC 1155 F Street, NW Suite 1050 Washington, DC 20004 202-559-8597/Direct 202-559-8750/Fax 202-255-6172/Cell
Twitter: @VlawDC
"Luck is the residue of design" -- Branch Rickey
From: accountability-cross-community-bounces@icann.org<mailto:accountability-cross-community-bounces@icann.org> [mailto:accountability-cross-community-bounces@icann.org] On Behalf Of Schaefer, Brett Sent: Tuesday, July 19, 2016 1:04 PM To: Xavier J. Calvez Cc: cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>; CCWG-Accountability; icann-board@icann.org<mailto:icann-board@icann.org>; Executive Team; COMMS Team; community-finance@icann.org<mailto:community-finance@icann.org>; Finance Staff Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Xavier,
Are you saying that ICANN’s contracts for Education/Engagement/Advice with (1) Albright Stonebridge Group LLC, (2) Edelman, (3) Interface Media, (4) Rice Hadley Gates LLC, (5) Summit Strategies International LLC, (6) WBC Global, and (7) Wiley Rein LLP each contain confidentiality provisions that prohibit ICANN from disclosing the specific amount paid to each of these individual vendors?
Does this only apply to the CCWG and the public or does it also apply to other parts of the ICANN community, specifically the Supporting Organizations and Advisory Committees?
Thank you for the link on lobbying disclosures. For those who are interested, here are ICANN’s lobbying expenditures based on the disclosure website of the U.S. Congress.
[cid:image001.png@01D1F257.2031DBB0]
I do have a couple of additional questions. Would this source capture lobbying exclusively directed toward the US Executive Branch? Has ICANN spent any funds during this period lobbying governments other than the US?
Thank you,
Brett
Brett Schaefer Jay Kingham Senior Research Fellow in International Regulatory Affairs Margaret Thatcher Center for Freedom Davis Institute for National Security and Foreign Policy The Heritage Foundation 214 Massachusetts Avenue, NE Washington, DC 20002 202-608-6097 heritage.org<http://heritage.org/> From: Xavier J. Calvez [mailto:xavier.calvez@icann.org] Sent: Monday, July 18, 2016 6:30 PM To: Schaefer, Brett Cc: community-finance@icann.org<mailto:community-finance@icann.org>; cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>; CCWG-Accountability; Executive Team; COMMS Team; icann-board@icann.org<mailto:icann-board@icann.org>; Finance Staff Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Brett, Yes, the information I provided in my latest email had been included in some previous communication. I just wanted to make sure you had a clear visibility on this information, which provides for (i) categories of expenses, (ii) the individual names of the vendors grouped for each category, and (iii) the total value of the expenses for each category. With respect to the contractual obligations of confidentiality in commercial contracts, ICANN is subject to them, like all business organizations. That said, we disclose what we can consistent with standard business confidentiality provisions in vendor contracts. We cannot disclose the specific amount of spend with each vendor but we were able to disclose the names of the service providers engaged. Regarding the lobbying expenses, as you are aware, both organizations that hire lobbyists and firms that lobby on behalf of organizations are required under U.S. federal law to file lobbying disclosure reports. In addition to ICANN’s quarterly lobbying disclosures posted on our website, you can find the amounts ICANN has paid to individual outside lobbying firms at http://disclosures.house.gov/ld/ldsearch.aspx<http://disclosures.house.gov/ld/ldsearch.aspx>. I hope this helps and clarifies.
Thank you.
Best, Xavier
Xavier Calvez ICANN CFO 12025 Waterfront Drive, Suite 300 Los Angeles, CA 90094 Office : +1 (310) 301 5838 Mobile : +1 (805) 312 0052 Fax : +1 (310) 957-2348
From: "Schaefer, Brett" <Brett.Schaefer@heritage.org<mailto:Brett.Schaefer@heritage.org>> Date: Thursday, July 14, 2016 at 7:07 AM To: Xavier Calvez <xavier.calvez@icann.org<mailto:xavier.calvez@icann.org>> Cc: "community-finance@icann.org<mailto:community-finance@icann.org>" <community-finance@icann.org<mailto:community-finance@icann.org>>, "cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>" <cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>>, CCWG-Accountability <accountability-cross-community@icann.org<mailto:accountability-cross-community@icann.org>>, Executive Team <executive-team@icann.org<mailto:executive-team@icann.org>>, COMMS Team <commsteam@icann.org<mailto:commsteam@icann.org>>, "icann-board@icann.org<mailto:icann-board@icann.org>" <icann-board@icann.org<mailto:icann-board@icann.org>>, Finance Staff <finance-staff@icann.org<mailto:finance-staff@icann.org>> Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Xavier,
This is pretty much the same information that was provided before. I am asking for a breakdown of how much was paid to each vender in the lobbying category (Akin Gump, etc.) and the education/engagement/advice category (Albright Stoneridge, etc.).
Thank you,
Brett
On Jul 13, 2016, at 8:13 PM, Xavier J. Calvez <xavier.calvez@icann.org<mailto:xavier.calvez@icann.org>> wrote: Dear Brett, In response to your question listed below on 22 June: the detailed information provided on Other professional fees (other than legal fees, detailed in a separate section of the “Transition project cost” expense webpage, on the IANA Stewardship Transition webpage) can be found in the section called “Professional Services – Expenses Breakdown”. Within this section, you will find a link to a document that provides the list of Professional Services (other than legal fees) incurred, by category, with the names of the vendors, and the total amount of expenditures for the category. This link is copied below and was provided in my first answer to your question. I have also attached the file to which this link refers in case the link would not work for you. https://www.icann.org/en/system/files/files/iana-stewardship-expenses-professional-vendor-01jun16-en.pdf<https://www.icann.org/en/system/files/files/iana-stewardship-expenses-professional-vendor-01jun16-en.pdf> If this not addressing your question, please let me know.
Thank you.
Best, Xavier
Xavier Calvez ICANN CFO 12025 Waterfront Drive, Suite 300 Los Angeles, CA 90094 Office : +1 (310) 301 5838 Mobile : +1 (805) 312 0052 Fax : +1 (310) 957-2348
Brett Schaefer Jay Kingham Senior Research Fellow in International Regulatory Affairs Margaret Thatcher Center for Freedom Davis Institute for National Security and Foreign Policy The Heritage Foundation 214 Massachusetts Avenue, NE Washington, DC 20002 202-608-6097 heritage.org<http://heritage.org/> From: Xavier Calvez <xavier.calvez@icann.org<mailto:xavier.calvez@icann.org>> Date: Tuesday, July 12, 2016 at 9:45 AM To: "Schaefer, Brett" <Brett.Schaefer@heritage.org<mailto:Brett.Schaefer@heritage.org>>, "community-finance@icann.org<mailto:community-finance@icann.org>" <community-finance@icann.org<mailto:community-finance@icann.org>>, "cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>" <cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>>, CCWG-Accountability <accountability-cross-community@icann.org<mailto:accountability-cross-community@icann.org>> Cc: Executive Team <executive-team@icann.org<mailto:executive-team@icann.org>>, COMMS Team <commsteam@icann.org<mailto:commsteam@icann.org>>, "icann-board@icann.org<mailto:icann-board@icann.org>" <icann-board@icann.org<mailto:icann-board@icann.org>>, Finance Staff <finance-staff@icann.org<mailto:finance-staff@icann.org>> Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Brett, Thank you for following up. I will make sure to respond no later than the end of this week.
Thank you.
Best, Xavier
Xavier Calvez ICANN CFO 12025 Waterfront Drive, Suite 300 Los Angeles, CA 90094 Office : +1 (310) 301 5838 Mobile : +1 (805) 312 0052 Fax : +1 (310) 957-2348
From: "Schaefer, Brett" <Brett.Schaefer@heritage.org<mailto:Brett.Schaefer@heritage.org>> Date: Tuesday, July 12, 2016 at 11:38 AM To: Xavier Calvez <xavier.calvez@icann.org<mailto:xavier.calvez@icann.org>>, "community-finance@icann.org<mailto:community-finance@icann.org>" <community-finance@icann.org<mailto:community-finance@icann.org>>, "cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>" <cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>>, CCWG-Accountability <accountability-cross-community@icann.org<mailto:accountability-cross-community@icann.org>> Cc: Executive Team <executive-team@icann.org<mailto:executive-team@icann.org>>, COMMS Team <commsteam@icann.org<mailto:commsteam@icann.org>>, "icann-board@icann.org<mailto:icann-board@icann.org>" <icann-board@icann.org<mailto:icann-board@icann.org>>, Finance Staff <finance-staff@icann.org<mailto:finance-staff@icann.org>> Subject: RE: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Xavier,
Thanks for promising to get this information to me in Helsinki. Do you have an estimate for when it will be provided?
Thanks,
Brett
Brett Schaefer Jay Kingham Senior Research Fellow in International Regulatory Affairs Margaret Thatcher Center for Freedom Davis Institute for National Security and Foreign Policy The Heritage Foundation 214 Massachusetts Avenue, NE Washington, DC 20002 202-608-6097 heritage.org<http://heritage.org/> From: Schaefer, Brett Sent: Wednesday, June 22, 2016 2:39 PM To: 'Xavier J. Calvez'; community-finance@icann.org<mailto:community-finance@icann.org>; cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>; CCWG-Accountability Cc: Executive Team; COMMS Team; icann-board@icann.org<mailto:icann-board@icann.org>; Finance Staff Subject: RE: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Xavier,
I appreciate the detailed breakdown on the legal fees That is indeed what I was looking for though I would think it useful to have the totals provided in the summary document.
However, I did not see similar information for lobbying or education/ engagement/advice in the links provided. In fact, the only specific information that I saw listed is for Jamie Hedlund at $200,000. No information on other individual firms or vendors is listed at all – only the top line budget expenditure in the summary document link originally sent around.
Could you provide that information?
Thanks,
Brett
From: Xavier J. Calvez [mailto:xavier.calvez@icann.org] Sent: Wednesday, June 22, 2016 10:43 AM To: Schaefer, Brett; community-finance@icann.org<mailto:community-finance@icann.org>; cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>; CCWG-Accountability Cc: Executive Team; COMMS Team; icann-board@icann.org<mailto:icann-board@icann.org>; Finance Staff Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Dear all, It appears that the first link in my email further below (detail of legal fees by firm) does not resolve correctly. Please use the below instead. https://www.icann.org/en/system/files/files/iana-stewardship-expenses-legal-firm-fy16-01jun16-en.pdf<https://www.icann.org/en/system/files/files/iana-stewardship-expenses-legal-firm-fy16-01jun16-en.pdf>
Thank you.
Best, Xavier
Xavier Calvez ICANN CFO 12025 Waterfront Drive, Suite 300 Los Angeles, CA 90094 Office : +1 (310) 301 5838 Mobile : +1 (805) 312 0052 Fax : +1 (310) 957-2348
From: Xavier Calvez <xavier.calvez@icann.org<mailto:xavier.calvez@icann.org>> Date: Wednesday, June 22, 2016 at 1:01 PM To: "Schaefer, Brett" <Brett.Schaefer@heritage.org<mailto:Brett.Schaefer@heritage.org>>, "community-finance@icann.org<mailto:community-finance@icann.org>" <community-finance@icann.org<mailto:community-finance@icann.org>>, "cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>" <cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>>, CCWG-Accountability <accountability-cross-community@icann.org<mailto:accountability-cross-community@icann.org>> Cc: Executive Team <executive-team@icann.org<mailto:executive-team@icann.org>>, COMMS Team <commsteam@icann.org<mailto:commsteam@icann.org>>, "icann-board@icann.org<mailto:icann-board@icann.org>" <icann-board@icann.org<mailto:icann-board@icann.org>>, Finance Staff <finance-staff@icann.org<mailto:finance-staff@icann.org>> Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Dear Brett, Thank you for your interest and question. We currently publish the list of all vendors from whom ICANN obtain services in relation to the IANA Stewardship transition. The $$ value of the services received is aggregated by category of expenses, which you mention below (US Government affairs, Education/engagement/advice,…). This presentation is driven by 2 factors: providing clarity as to the type of services received, and abiding by the contractual obligation of confidentiality in force with each of the vendors (resulting from standard business sensitive information). We do publish however the detail of the legal advice, by firm and by working group, on this same page (see for example the link to the report of fees by firm: https://www.icann.org/en/system/files/files/iana-stewardship-expenses-legal-firm-fy16-01jun16-en.pdf)<https://www.icann.org/en/system/files/files/iana-stewardship-expenses-legal-firm-fy16-01jun16-en.pdf%29>. You will also find more information relative to ICANN’s lobbying in the following blog published a few months ago. In this blog, you will also find links to the disclosure reports that ICANN makes on lobbying activities. https://www.icann.org/resources/pages/lobbying-disclosures-contributions-2015-11-18-en<https://www.icann.org/resources/pages/lobbying-disclosures-contributions-2015-11-18-en>. Lastly, further information on lobbying appears in ICANN’s form 990 (Schedule C, Part II-B. On page 33/73 of the FY15 form 990 published at the following link): https://www.icann.org/en/system/files/files/fy-2015-form-990-10may16-en.pdf<https://www.icann.org/en/system/files/files/fy-2015-form-990-10may16-en.pdf> I hope this helps. Please let me know if you have further questions.
Thank you.
Best, Xavier
Xavier Calvez ICANN CFO 12025 Waterfront Drive, Suite 300 Los Angeles, CA 90094 Office : +1 (310) 301 5838 Mobile : +1 (805) 312 0052 Fax : +1 (310) 957-2348
From: "Schaefer, Brett" <Brett.Schaefer@heritage.org<mailto:Brett.Schaefer@heritage.org>> Date: Tuesday, June 21, 2016 at 9:54 PM To: Xavier Calvez <xavier.calvez@icann.org<mailto:xavier.calvez@icann.org>>, "community-finance@icann.org<mailto:community-finance@icann.org>" <community-finance@icann.org<mailto:community-finance@icann.org>>, "cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>" <cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>>, CCWG-Accountability <accountability-cross-community@icann.org<mailto:accountability-cross-community@icann.org>> Cc: Executive Team <executive-team@icann.org<mailto:executive-team@icann.org>>, COMMS Team <commsteam@icann.org<mailto:commsteam@icann.org>>, "icann-board@icann.org<mailto:icann-board@icann.org>" <icann-board@icann.org<mailto:icann-board@icann.org>>, Finance Staff <finance-staff@icann.org<mailto:finance-staff@icann.org>> Subject: RE: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Xavier,
Thank you. Could you please provide a more detailed breakdown of legal advice, US government affairs, and educations/engagement/advice? In each category, there are multiple firms/vendors listed (https://www.icann.org/en/system/files/files/iana-stewardship-expenses-professional-vendor-01jun16-en.pdf<https://www.icann.org/en/system/files/files/iana-stewardship-expenses-professional-vendor-01jun16-en.pdf>). I would appreciate the amount provided to each individual vendor. If it is provided somewhere, I would appreciate you letting me know where to find it.
Much appreciated,
Brett
Brett Schaefer Jay Kingham Senior Research Fellow in International Regulatory Affairs Margaret Thatcher Center for Freedom Davis Institute for National Security and Foreign Policy The Heritage Foundation 214 Massachusetts Avenue, NE Washington, DC 20002 202-608-6097 heritage.org<http://heritage.org/> From: accountability-cross-community-bounces@icann.org<mailto:accountability-cross-community-bounces@icann.org> [mailto:accountability-cross-community-bounces@icann.org] On Behalf Of Xavier J. Calvez Sent: Saturday, June 18, 2016 12:10 AM To: community-finance@icann.org<mailto:community-finance@icann.org>; cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>; CCWG-Accountability Cc: Executive Team; COMMS Team; icann-board@icann.org<mailto:icann-board@icann.org>; Finance Staff Subject: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Dear all, You find at the link below the updated project’s expenses as of FY16 Q3 (from July 2014 to March 2016). As indicated a few months ago, we have added new detailed information on the staff support with the individual positions, names and percentages of effort over the period.
Thank you.
Best, Xavier
Xavier Calvez ICANN CFO 12025 Waterfront Drive, Suite 300 Los Angeles, CA 90094 Office : +1 (310) 301 5838 Mobile : +1 (805) 312 0052 Fax : +1 (310) 957-2348
<iana-stewardship-expenses-professional-vendor-01jun16-en.pdf>
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Dear Brett, Kavouss, et al,
As a reminder, this extensive email conversation was initiated by my email announcing the publication of our quarterly update on the IANA Stewardship transition expenses (Mid June). We have all used one of the item included in this information (Other professional services, and specifically the Engagement/education section) as an opportunity to exchange views on furthering ICANN’s transparency.
There have been many issues raised on this topic through this exchange, and well beyond the initial call of the email. This should move into a more structured conversation, such as WS2 Transparency subgroup, where issues of transparency and document disclosure are scheduled for conversation. I look forward to supporting the deliberations there and participating in the conversations.
Regarding your specific question at the end of your email below, I have already noted below that “ICANN does not have other lobbying activities, corresponding to the established definition of such activities.” ICANN does not have additional lobbying activities in the United States or outside of the U.S.
Best,
Thank you.
Best,
Xavier
Xavier Calvez
ICANN
CFO
12025 Waterfront Drive, Suite 300
Los Angeles, CA 90094
Office : +1 (310) 301 5838
Mobile : +1 (805) 312 0052
Fax : +1 (310) 957-2348
From: "Schaefer, Brett" <Brett.Schaefer@heritage.org> Date: Tuesday, August 9, 2016 at 1:19 PM To: Xavier Calvez <xavier.calvez@icann.org>, Zakir Syed <zakirbinrehman@yahoo.com>, Marilyn Cade <marilynscade@hotmail.com>, Sam Lanfranco <sam@lanfranco.net>, Phil Corwin <psc@vlaw-dc.com>, Ken Stubbs <kstubbs@afilias.info>, Paul Rosenzweig <paul.rosenzweig@redbranchconsulting.com>, "cwg-stewardship@icann.org" <cwg-stewardship@icann.org>, 'CCWG-Accountability' <accountability-cross-community@icann.org> Cc: "icann-board@icann.org" <icann-board@icann.org>, Executive Team <executive-team@icann.org>, COMMS Team <commsteam@icann.org>, "community-finance@icann.org" <community-finance@icann.org>, Finance Staff <finance-staff@icann.org> Subject: RE: [CCWG-ACCT] [community-finance] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Xavier,
Thank you for the response. I appreciate that this is more disclosure than ICANN has provided previously.
But I remain concerned over the lack of transparency. You said that “ICANN enters into confidentiality obligations as a result of bilateral negotiations with vendors.” I have several follow-up questions:
· Would this confidentiality obligation prevent disclosure through the DIDP process?
· Would this confidentiality obligation prevent individual Directors from obtaining this information through their Right of Inspection?
· Would this confidentiality obligation prevent an individual Decisional Participant from obtaining this information if they requested it under their right of inspection of ICANN accounting books and records pursuant to the provisions of Section 6333 of the CCC?
· Would this confidentiality obligation prevent the Empowered Community from obtaining the information through its right to launch a third-party, independent investigation if three Decisional Participants determine that there is a credible allegation that ICANN has committed fraud or that there has been a gross mismanagement of ICANN’s resources?
Finally, I did not see where you clarified whether ICANN engaged other vendors to perform similar tasks in non-US countries.
Best,
Brett
Brett Schaefer Jay Kingham Senior Research Fellow in International Regulatory Affairs Margaret Thatcher Center for Freedom Davis Institute for National Security and Foreign Policy The Heritage Foundation 214 Massachusetts Avenue, NE Washington, DC 20002 202-608-6097 heritage.org
From: Xavier J. Calvez [mailto:xavier.calvez@icann.org] Sent: Friday, August 05, 2016 4:52 PM To: Schaefer, Brett; Zakir Syed; Marilyn Cade; Sam Lanfranco; Phil Corwin; Ken Stubbs; Paul Rosenzweig; cwg-stewardship@icann.org; 'CCWG-Accountability' Cc: icann-board@icann.org; Executive Team; COMMS Team; community-finance@icann.org; 'Finance Staff' Subject: Re: [CCWG-ACCT] [community-finance] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
All,
I have taken several days to review the various inputs and questions you have provided in this email chain, and have involved several ICANN staff members on this topic. Here is [finally!] a response.
While ICANN is required under law to report in its form 990 on the identity and amounts paid to its five highest paid independent contractors, we exceed this requirement by reporting on amounts paid to all contractors to which ICANN pays over US$1,000,000 within a fiscal year. See, for example, ICANN’s Form 990 for FY15, at https://www.icann.org/en/system/files/files/fy-2015-form-990-10may16-en.pdf, pages 67-73. None of the vendors in the “Education/engagement” category reach the US$1,000,000 limit, therefore the issue of disclosure of the specific amounts of their work has not been triggered under ICANN’s expansive reporting practices. The reporting on lobbying expenditures, as has been previously discussed, is completed through ICANN’s Form 990 filing, as well as through the forms available at http://disclosures.house.gov/ld/ldsearch.aspx, which each identify both the specific issues covered in the lobbying activity as well as the House of the U.S. Congress or Federal Agency to which the activity was directed.
ICANN’s general vendor contracts (which are separate from the publicly available registry and registrar contracts) are commercial contracts containing commitments between two contracting entities. Many of these contracts contain confidentiality clauses, including those requested by vendors. This is normal throughout commercial contracting practice. For example, some vendors have propriety forms for their contracts that they do not want to release; some are subject to “MFN” clauses, which could require them to offer terms or services to other customers that are equal to more favorable clauses offered to other customers; some have confidential pricing schedules; some have propriety information included within the description of how they will deliver services; etc. ICANN’s ability to enter into these normal commercial contracts allows ICANN to obtain the best services needed at the best prices it can negotiate.
I hope this helps clarify the context under which confidentiality clauses may exist in ICANN’s contract, and that ICANN does not “require” confidentiality from the vendors, as some of you have inquired about.
ICANN has introduced an innovation into its contracting work in recent years: ICANN has imposed a requirement on all its contractors to fill out conflict of interest statements, which require both the contractor and ICANN to carefully consider the impact of other relationships as it may the work performed by ICANN. ICANN takes the issue of conflicts seriously, and expects its vendors to do the same. Most new contracts that ICANN enters into now contain such conflict of interest statements.
In light of the various questions or comments that arose from several of you, we have reviewed specifically the contracts with the vendors that are listed in the category of “Education/Engagement”, subject to Brett’s original request for information.
For the 7 contracts supporting the “education/engagement” services that ICANN has received, please find below the information that can be shared without challenging the contractual terms:
· Albright Stonebridge Group LLC – engagement and education support to raise awareness of, increase understanding of and increase participation in the IANA Stewardship Transition with stakeholders.
· Edelman·- public relations and communications support to raise awareness of, increase understanding of and increase participation in the IANA Stewardship Transition
· Interface Media – video content project in support of IANA Stewardship Transition
· Rice Hadley Gates LLC - engagement and education support to raise awareness of, increase understanding of and increase participation in the IANA Stewardship Transition with stakeholders.
· Summit Strategies International LLC - engagement and education support to raise awareness of, increase understanding of and increase participation in the IANA Stewardship Transition with US stakeholders.
· WBC Global - engagement and education support to raise awareness of, increase understanding of and increase participation in the IANA Stewardship Transition with US stakeholders.
· Wiley Rein LLP: strategic advice on global Internet Governance issues in the context of the IANA Stewardship Transition.
ICANN enters into confidentiality obligations as a result of bilateral negotiations with vendors - either using ICANN templates or vendor supplied templates. The confidentiality provisions in these 7 contracts were in many instances vendor supplied forms and do not allow, either explicitly or implicitly, for ICANN to disclose publicly the value of the services rendered, or, in several cases, any information pertaining to the contract without mutual agreement. This is consistent with common business and procurement practices, notably for professional services where services and financial terms are highly customized to each customer and project and are viewed by the service providers as competitive information.
Regarding lobbying expenses disclosure, lobbying is a well-defined activity in the US, and ICANN complies with all defined disclosure requirements, which those of you who are lobbyists themselves know well. None of the groups above were engaged in lobbying on behalf of ICANN. Again, refer to the blog posted in October 2015 on this topic (which I had included in my previous answers to the recurring questions on lobbying) referenced below. In addition, Brett has shared below the information that is disclosed by the lobbying firms that ICANN has engaged, retrieved from the link I shared in my previous email.
ICANN does not have other lobbying activities, corresponding to the established definition of such activities.
https://www.icann.org/resources/pages/lobbying-disclosures-contributions-201....
Though this is not fully reflecting the approaches that some of you had suggested, I hope this is helpful. While there is not much else that can be done at this stage in these specific items, we are thankful for your input and comments on this topic, as this has been a helpful exchange to set directions on future ICANN transparency enhancements, whether as part of WS2 or otherwise.
Thank you.
Best,
Xavier
Xavier Calvez
ICANN
CFO
12025 Waterfront Drive, Suite 300
Los Angeles, CA 90094
Office : +1 (310) 301 5838
Mobile : +1 (805) 312 0052
Fax : +1 (310) 957-2348
From: "Schaefer, Brett" <Brett.Schaefer@heritage.org> Date: Wednesday, August 3, 2016 at 11:43 AM To: Xavier Calvez <xavier.calvez@icann.org>, Zakir Syed <zakirbinrehman@yahoo.com>, Marilyn Cade <marilynscade@hotmail.com>, Sam Lanfranco <sam@lanfranco.net>, Phil Corwin <psc@vlaw-dc.com>, Ken Stubbs <kstubbs@afilias.info>, Paul Rosenzweig <paul.rosenzweig@redbranchconsulting.com> Cc: "cwg-stewardship@icann.org" <cwg-stewardship@icann.org>, 'CCWG-Accountability' <accountability-cross-community@icann.org>, "icann-board@icann.org" <icann-board@icann.org>, Executive Team <executive-team@icann.org>, COMMS Team <commsteam@icann.org>, "community-finance@icann.org" <community-finance@icann.org>, Finance Staff <finance-staff@icann.org> Subject: RE: [CCWG-ACCT] [community-finance] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Thank you, I look forward to seeing the information.
Brett Schaefer Jay Kingham Senior Research Fellow in International Regulatory Affairs Margaret Thatcher Center for Freedom Davis Institute for National Security and Foreign Policy The Heritage Foundation 214 Massachusetts Avenue, NE Washington, DC 20002 202-608-6097 heritage.org
From: Xavier J. Calvez [mailto:xavier.calvez@icann.org] Sent: Wednesday, August 03, 2016 2:40 PM To: Schaefer, Brett; Zakir Syed; Marilyn Cade; Sam Lanfranco; Phil Corwin; Ken Stubbs; Paul Rosenzweig Cc: cwg-stewardship@icann.org; 'CCWG-Accountability'; icann-board@icann.org; Executive Team; COMMS Team; community-finance@icann.org; 'Finance Staff' Subject: Re: [CCWG-ACCT] [community-finance] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Brett,
Thank you for following. I apologize for the delay in responding. I am close and hope to send an email response by the end of tomorrow, if not earlier. As you all know, we are working hard on the IANA stewardship transition implementation plan and have many critical deliverables with due dates every week, which consume a lot of our time.
This is not to say that this topic is not fundamentally important, it is, but there are simply other urgent and important activities that we are attending to at the same time.
Thank you.
Best,
Xavier
Xavier Calvez
ICANN
CFO
12025 Waterfront Drive, Suite 300
Los Angeles, CA 90094
Office : +1 (310) 301 5838
Mobile : +1 (805) 312 0052
Fax : +1 (310) 957-2348
From: "Schaefer, Brett" <Brett.Schaefer@heritage.org> Date: Wednesday, August 3, 2016 at 10:40 AM To: "Schaefer, Brett" <Brett.Schaefer@heritage.org>, Zakir Syed <zakirbinrehman@yahoo.com>, Marilyn Cade <marilynscade@hotmail.com>, Sam Lanfranco <sam@lanfranco.net>, Phil Corwin <psc@vlaw-dc.com>, Ken Stubbs <kstubbs@afilias.info>, Paul Rosenzweig <paul.rosenzweig@redbranchconsulting.com>, Xavier Calvez <xavier.calvez@icann.org> Cc: "cwg-stewardship@icann.org" <cwg-stewardship@icann.org>, 'CCWG-Accountability' <accountability-cross-community@icann.org>, "icann-board@icann.org" <icann-board@icann.org>, Executive Team <executive-team@icann.org>, COMMS Team <commsteam@icann.org>, "community-finance@icann.org" <community-finance@icann.org>, Finance Staff <finance-staff@icann.org> Subject: RE: [CCWG-ACCT] [community-finance] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Xavier,
I hope you are back in the office and recovered. I believe you said you would be providing this information when you returned?
Thanks,
Brett
Brett Schaefer Jay Kingham Senior Research Fellow in International Regulatory Affairs Margaret Thatcher Center for Freedom Davis Institute for National Security and Foreign Policy The Heritage Foundation 214 Massachusetts Avenue, NE Washington, DC 20002 202-608-6097 heritage.org
From: accountability-cross-community-bounces@icann.org [mailto:accountability-cross-community-bounces@icann.org] On Behalf Of Schaefer, Brett Sent: Monday, July 25, 2016 2:29 PM To: Zakir Syed; Marilyn Cade; Sam Lanfranco; Phil Corwin; Ken Stubbs; Paul Rosenzweig; 'Xavier J. Calvez' Cc: cwg-stewardship@icann.org; 'CCWG-Accountability'; icann-board@icann.org; 'Executive Team'; 'COMMS Team'; community-finance@icann.org; 'Finance Staff' Subject: Re: [CCWG-ACCT] [community-finance] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Xavier,
Are you planning to answer the questions raised in this thread?
Thanks,
Brett
Brett Schaefer Jay Kingham Senior Research Fellow in International Regulatory Affairs Margaret Thatcher Center for Freedom Davis Institute for National Security and Foreign Policy The Heritage Foundation 214 Massachusetts Avenue, NE Washington, DC 20002 202-608-6097 heritage.org
From: Zakir Syed [mailto:zakirbinrehman@yahoo.com] Sent: Friday, July 22, 2016 4:07 PM To: Marilyn Cade; Sam Lanfranco; Phil Corwin; Ken Stubbs; Paul Rosenzweig; Schaefer, Brett; 'Xavier J. Calvez' Cc: cwg-stewardship@icann.org; 'CCWG-Accountability'; icann-board@icann.org; 'Executive Team'; 'COMMS Team'; community-finance@icann.org; 'Finance Staff' Subject: Re: [CCWG-ACCT] [community-finance] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
This is very useful discussion particularly on this very list. Any idea, how are the consultants/contractors hired by ICANN?. If this is through an RFP/competitive bid thn may be the RFP will have the detail/requirement what is required which in other words will mean what the consultants do. Not?
Zakir
From: Marilyn Cade <marilynscade@hotmail.com> To: Sam Lanfranco <sam@lanfranco.net>; Phil Corwin <psc@vlaw-dc.com>; Ken Stubbs <kstubbs@afilias.info>; Paul Rosenzweig <paul.rosenzweig@redbranchconsulting.com>; "'Schaefer, Brett'" <brett.schaefer@heritage.org>; 'Xavier J. Calvez' <xavier.calvez@icann.org> Cc: "cwg-stewardship@icann.org" <cwg-stewardship@icann.org>; 'CCWG-Accountability' <accountability-cross-community@icann.org>; "icann-board@icann.org" <icann-board@icann.org>; 'Executive Team' <executive-team@icann.org>; 'COMMS Team' <commsteam@icann.org>; "community-finance@icann.org" <community-finance@icann.org>; 'Finance Staff' <finance-staff@icann.org> Sent: Thursday, July 21, 2016 2:27 AM Subject: Re: [CCWG-ACCT] [community-finance] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
I'd like to stick to the topic we are discussing which is disclosure about 'advisors', and lobbyists, and not venture until the gTLDs contracts. I fear that would become a bog that is too unbounded, with some questioning the marketing plans of different gTLDs, like give aways, etc.
So, I ask that as this is the CCWG-ACCT, and the topic is about the amounts paid for consultants specifically working on the IANA transition -- and who they are -- and that they have only ICANN as a client, not also members of ICANN's community on directly related subjects -- we stick to that discussion.
All law firms in the US 'clear' conflicts before accepting a new client, and all corporations 'clear' their consultants. While this may be confidential in both these cases, I do agree that a public interest NGO, which is what ICANN is, can best serve itself, and the interest of the broader ICANN community by as much transparency as possible. BUT let's keep it high level and civil in our request for facts and figures.
As I like to say: Facts are our friends.
Of course, some issues have to be kept confidential.
Who the consultants are has been published, what they were paid would add to the transparency. What they do, at a high level, should be published as well. I will say again that I think that the work is probably much needed. I spend a lot of time -- without being paid -- explaining ICANN as I do my other IG work and it is is a worthwhile task and an important one if we are to demystify ICANN to RoW [Rest of World].
I am sure it is all above board, but it has now taken on a sort of taint of 'why not tell'.
Let's keep this high level and not make it a hunt for the details, but just get the high level facts, and make that a standard.
Will help us all.
M
Subject: Re: [CCWG-ACCT] [community-finance] IANA Stewardship Transition - Project Expenses - FY16 Q3 update To: psc@vlaw-dc.com; kstubbs@afilias.info; paul.rosenzweig@redbranchconsulting.com; marilynscade@hotmail.com; brett.schaefer@heritage.org; xavier.calvez@icann.org CC: cwg-stewardship@icann.org; accountability-cross-community@icann.org; icann-board@icann.org; executive-team@icann.org; commsteam@icann.org; community-finance@icann.org; finance-staff@icann.org From: sam@lanfranco.net Date: Wed, 20 Jul 2016 12:23:12 -0400
As the non-lawyer economist here I would like to observe that the discussion has honed in on a specific enough question, one that has an ICANN definitive answer, and that it should be put both to the Board and the new CEO for a an answer and clarification. I previously worried that the ICANN DNS contract with .sucks seemed to verge on ICANN exposing itself to the RICO act in the U.S., given the .sucks marketing plan. Maybe I am overly cautious but as a not-for-profit corporation operating in the public interest ICANN is more than obliged to provide clarity here. Silence won't do.
Sam Lanfranco, NPOC/CSIH
On 7/20/2016 12:06 PM, Phil Corwin wrote:
If the contract non-disclosure clause indeed violates IRS disclosure requirements then how could ICANN legal agree to it?
Philip S. Corwin, Founding Principal
Virtualaw LLC
1155 F Street, NW
Suite 1050
Washington, DC 20004
202-559-8597/Direct
202-559-8750/Fax
202-255-6172/Cell
Twitter: @VlawDC
"Luck is the residue of design" -- Branch Rickey
From: Ken Stubbs [mailto:kstubbs@afilias.info] Sent: Wednesday, July 20, 2016 11:37 AM To: Paul Rosenzweig; 'Marilyn Cade'; Phil Corwin; 'Schaefer, Brett'; 'Xavier J. Calvez' Cc: cwg-stewardship@icann.org; 'CCWG-Accountability'; icann-board@icann.org; 'Executive Team'; 'COMMS Team'; community-finance@icann.org; 'Finance Staff' Subject: Re: [community-finance] [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
I believe Lori is correct here. IRS requirements on disclosures are usually quite specific here
Ken Stubbs
On 7/20/16 10:32, Lori Schulman wrote:
I don’t believe that 501©3 orgs can consider any consulting fees confidential as the top fees are required to be reported on the 990.
Lori
Lori S. Schulman
Senior Director, Internet Policy
International Trademark Association (INTA)
+1-202-704-0408, Skype: lsschulman
From: accountability-cross-community-bounces@icann.org [mailto:accountability-cross-community-bounces@icann.org] On Behalf Of Paul Rosenzweig Sent: Wednesday, July 20, 2016 10:16 AM To: 'Marilyn Cade' <marilynscade@hotmail.com>; 'Phil Corwin' <psc@vlaw-dc.com>; 'Schaefer, Brett' <brett.schaefer@heritage.org>; 'Xavier J. Calvez' <xavier.calvez@icann.org> Cc: cwg-stewardship@icann.org; 'CCWG-Accountability' <accountability-cross-community@icann.org>; icann-board@icann.org; 'Executive Team' <executive-team@icann.org>; 'COMMS Team' <commsteam@icann.org>; community-finance@icann.org; 'Finance Staff' <finance-staff@icann.org> Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
I agree completely with Marilyn and Phil. I have been on both sides of non-disclosure agreements – both ones requested by me and ones requested by my clients. Typically, a client (in the position of ICANN) may request that a consultant sign an NDA so as to protect the confidentiality of its efforts or its intellectual property. Sometimes a consultant might have a proprietary methodology or process that they are using on behalf of the client that they wish to protect.
Neither circumstance applies here that I can see. And in no case that I am aware of has a client ever asked me to keep confidential my fee … I don’t broadcast them, but I’m in the private sector. For ICANN, which is an NGO acting in the global public interest, I cannot see any reason at all why ICANN would want or agree to a confidentiality arrangement as to the size of the fee paid.
Xavier – can you tell us what the rationale is? I may be missing something …..
Thanks
Paul
Paul Rosenzweig
paul.rosenzweig@redbranchconsulting.com
O: +1 (202) 547-0660
M: +1 (202) 329-9650
VOIP: +1 (202) 738-1739
www.redbranchconsulting.com
My PGP Key: http://redbranchconsulting.com/who-we-are/public-pgp-key/
From: accountability-cross-community-bounces@icann.org [mailto:accountability-cross-community-bounces@icann.org] On Behalf Of Marilyn Cade Sent: Wednesday, July 20, 2016 9:05 AM To: Phil Corwin <psc@vlaw-dc.com>; Schaefer, Brett <brett.schaefer@heritage.org>; Xavier J. Calvez <xavier.calvez@icann.org> Cc: cwg-stewardship@icann.org; CCWG-Accountability <accountability-cross-community@icann.org>; icann-board@icann.org; Executive Team <executive-team@icann.org>; COMMS Team <commsteam@icann.org>; community-finance@icann.org; Finance Staff <finance-staff@icann.org> Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
I support Phil's clarifying explanation.
I also think that anyone who is in this category, should have to declare if they re also representing companies in a SO/AC.
Or advising governments.
In the BC, we do not allow an ICANN consultant to be a BC member, regardless of the amount, but if someone is a backdoor advisor to ICANN and also a group of entities, in a SO/AC, that would not be so obvious, but I think that for integrity sake, of course, any such entity would recuse themselves from advising companies, while also advising ICANN.
And I would expect ICANN to disqualify such entities as their consultants.
Thanks, Phil, for this useful clarification.
M
From: psc@vlaw-dc.com To: Brett.Schaefer@heritage.org; xavier.calvez@icann.org Date: Wed, 20 Jul 2016 00:48:08 +0000 CC: cwg-stewardship@icann.org; accountability-cross-community@icann.org; icann-board@icann.org; executive-team@icann.org; commsteam@icann.org; community-finance@icann.org; finance-staff@icann.org Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
In the U.S. much of what used to be done by registered lobbyists is now performed by “strategic advisors” who walk right up to the line of what constitutes lobbying (and maybe a few inches over), and nonetheless facilitate door opening to key members of Congress and the Executive branch, and who “educate” rather than “lobby” members of both branches of government. So while the seven firms may not be engaged in what is considered lobbying under current U.S. law, they are still likely engaged in helping to assure officials outcomes desired by ICANN corporate.
It is for that reason – as well as for the exercise of effective oversight over ICANN budgeting and expenditures – that the community should have more data on this. If ICANN is prohibited by its contracts with these firms from disclosing its expenditures that is unfortunate – and in the future I would hope that ICANN would tell any firms being considered for such duties that its own transparency obligations to the community preclude it from agreeing to such restrictions (I’d wager that the majority of the firms would waive confidentiality rather than lose the contract).
At a minimum, ICANN should disclose the aggregate amounts spent with these seven firms since they were engaged – surely their contracts don’t bar such aggregate reporting.
Philip S. Corwin, Founding Principal
Virtualaw LLC
1155 F Street, NW
Suite 1050
Washington, DC 20004
202-559-8597/Direct
202-559-8750/Fax
202-255-6172/Cell
Twitter: @VlawDC
"Luck is the residue of design" -- Branch Rickey
From: accountability-cross-community-bounces@icann.org [mailto:accountability-cross-community-bounces@icann.org] On Behalf Of Schaefer, Brett Sent: Tuesday, July 19, 2016 1:04 PM To: Xavier J. Calvez Cc: cwg-stewardship@icann.org; CCWG-Accountability; icann-board@icann.org; Executive Team; COMMS Team; community-finance@icann.org; Finance Staff Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Xavier,
Are you saying that ICANN’s contracts for Education/Engagement/Advice with (1) Albright Stonebridge Group LLC, (2) Edelman, (3) Interface Media, (4) Rice Hadley Gates LLC, (5) Summit Strategies International LLC, (6) WBC Global, and (7) Wiley Rein LLP each contain confidentiality provisions that prohibit ICANN from disclosing the specific amount paid to each of these individual vendors?
Does this only apply to the CCWG and the public or does it also apply to other parts of the ICANN community, specifically the Supporting Organizations and Advisory Committees?
Thank you for the link on lobbying disclosures. For those who are interested, here are ICANN’s lobbying expenditures based on the disclosure website of the U.S. Congress.
I do have a couple of additional questions. Would this source capture lobbying exclusively directed toward the US Executive Branch? Has ICANN spent any funds during this period lobbying governments other than the US?
Thank you,
Brett
Brett Schaefer Jay Kingham Senior Research Fellow in International Regulatory Affairs Margaret Thatcher Center for Freedom Davis Institute for National Security and Foreign Policy The Heritage Foundation 214 Massachusetts Avenue, NE Washington, DC 20002 202-608-6097 heritage.org
From: Xavier J. Calvez [mailto:xavier.calvez@icann.org] Sent: Monday, July 18, 2016 6:30 PM To: Schaefer, Brett Cc: community-finance@icann.org; cwg-stewardship@icann.org; CCWG-Accountability; Executive Team; COMMS Team; icann-board@icann.org; Finance Staff Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Brett,
Yes, the information I provided in my latest email had been included in some previous communication. I just wanted to make sure you had a clear visibility on this information, which provides for (i) categories of expenses, (ii) the individual names of the vendors grouped for each category, and (iii) the total value of the expenses for each category.
With respect to the contractual obligations of confidentiality in commercial contracts, ICANN is subject to them, like all business organizations. That said, we disclose what we can consistent with standard business confidentiality provisions in vendor contracts. We cannot disclose the specific amount of spend with each vendor but we were able to disclose the names of the service providers engaged.
Regarding the lobbying expenses, as you are aware, both organizations that hire lobbyists and firms that lobby on behalf of organizations are required under U.S. federal law to file lobbying disclosure reports. In addition to ICANN’s quarterly lobbying disclosures posted on our website, you can find the amounts ICANN has paid to individual outside lobbying firms at http://disclosures.house.gov/ld/ldsearch.aspx.
I hope this helps and clarifies.
Thank you.
Best,
Xavier
Xavier Calvez
ICANN
CFO
12025 Waterfront Drive, Suite 300
Los Angeles, CA 90094
Office : +1 (310) 301 5838
Mobile : +1 (805) 312 0052
Fax : +1 (310) 957-2348
From: "Schaefer, Brett" <Brett.Schaefer@heritage.org> Date: Thursday, July 14, 2016 at 7:07 AM To: Xavier Calvez <xavier.calvez@icann.org> Cc: "community-finance@icann.org" <community-finance@icann.org>, "cwg-stewardship@icann.org" <cwg-stewardship@icann.org>, CCWG-Accountability <accountability-cross-community@icann.org>, Executive Team <executive-team@icann.org>, COMMS Team <commsteam@icann.org>, "icann-board@icann.org" <icann-board@icann.org>, Finance Staff <finance-staff@icann.org> Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Xavier,
This is pretty much the same information that was provided before. I am asking for a breakdown of how much was paid to each vender in the lobbying category (Akin Gump, etc.) and the education/engagement/advice category (Albright Stoneridge, etc.).
Thank you,
Brett
On Jul 13, 2016, at 8:13 PM, Xavier J. Calvez <xavier.calvez@icann.org> wrote:
Dear Brett, In response to your question listed below on 22 June: the detailed information provided on Other professional fees (other than legal fees, detailed in a separate section of the “Transition project cost” expense webpage, on the IANA Stewardship Transition webpage) can be found in the section called “Professional Services – Expenses Breakdown”. Within this section, you will find a link to a document that provides the list of Professional Services (other than legal fees) incurred, by category, with the names of the vendors, and the total amount of expenditures for the category. This link is copied below and was provided in my first answer to your question. I have also attached the file to which this link refers in case the link would not work for you. https://www.icann.org/en/system/files/files/iana-stewardship-expenses-profes... If this not addressing your question, please let me know.
Thank you.
Best,
Xavier
Xavier Calvez
ICANN
CFO
12025 Waterfront Drive, Suite 300
Los Angeles, CA 90094
Office : +1 (310) 301 5838
Mobile : +1 (805) 312 0052
Fax : +1 (310) 957-2348
Brett Schaefer Jay Kingham Senior Research Fellow in International Regulatory Affairs Margaret Thatcher Center for Freedom Davis Institute for National Security and Foreign Policy The Heritage Foundation 214 Massachusetts Avenue, NE Washington, DC 20002 202-608-6097 heritage.org
From: Xavier Calvez <xavier.calvez@icann.org> Date: Tuesday, July 12, 2016 at 9:45 AM To: "Schaefer, Brett" <Brett.Schaefer@heritage.org>, "community-finance@icann.org" <community-finance@icann.org>, "cwg-stewardship@icann.org" <cwg-stewardship@icann.org>, CCWG-Accountability <accountability-cross-community@icann.org> Cc: Executive Team <executive-team@icann.org>, COMMS Team <commsteam@icann.org>, "icann-board@icann.org" <icann-board@icann.org>, Finance Staff <finance-staff@icann.org> Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Brett,
Thank you for following up.
I will make sure to respond no later than the end of this week.
Thank you.
Best,
Xavier
Xavier Calvez
ICANN
CFO
12025 Waterfront Drive, Suite 300
Los Angeles, CA 90094
Office : +1 (310) 301 5838
Mobile : +1 (805) 312 0052
Fax : +1 (310) 957-2348
From: "Schaefer, Brett" <Brett.Schaefer@heritage.org> Date: Tuesday, July 12, 2016 at 11:38 AM To: Xavier Calvez <xavier.calvez@icann.org>, "community-finance@icann.org" <community-finance@icann.org>, "cwg-stewardship@icann.org" <cwg-stewardship@icann.org>, CCWG-Accountability <accountability-cross-community@icann.org> Cc: Executive Team <executive-team@icann.org>, COMMS Team <commsteam@icann.org>, "icann-board@icann.org" <icann-board@icann.org>, Finance Staff <finance-staff@icann.org> Subject: RE: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Xavier,
Thanks for promising to get this information to me in Helsinki. Do you have an estimate for when it will be provided?
Thanks,
Brett
Brett Schaefer Jay Kingham Senior Research Fellow in International Regulatory Affairs Margaret Thatcher Center for Freedom Davis Institute for National Security and Foreign Policy The Heritage Foundation 214 Massachusetts Avenue, NE Washington, DC 20002 202-608-6097 heritage.org
From: Schaefer, Brett Sent: Wednesday, June 22, 2016 2:39 PM To: 'Xavier J. Calvez'; community-finance@icann.org; cwg-stewardship@icann.org; CCWG-Accountability Cc: Executive Team; COMMS Team; icann-board@icann.org; Finance Staff Subject: RE: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Xavier,
I appreciate the detailed breakdown on the legal fees That is indeed what I was looking for though I would think it useful to have the totals provided in the summary document.
However, I did not see similar information for lobbying or education/ engagement/advice in the links provided. In fact, the only specific information that I saw listed is for Jamie Hedlund at $200,000. No information on other individual firms or vendors is listed at all – only the top line budget expenditure in the summary document link originally sent around.
Could you provide that information?
Thanks,
Brett
From: Xavier J. Calvez [mailto:xavier.calvez@icann.org] Sent: Wednesday, June 22, 2016 10:43 AM To: Schaefer, Brett; community-finance@icann.org; cwg-stewardship@icann.org; CCWG-Accountability Cc: Executive Team; COMMS Team; icann-board@icann.org; Finance Staff Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Dear all,
It appears that the first link in my email further below (detail of legal fees by firm) does not resolve correctly. Please use the below instead.
https://www.icann.org/en/system/files/files/iana-stewardship-expenses-legal-...
Thank you.
Best,
Xavier
Xavier Calvez
ICANN
CFO
12025 Waterfront Drive, Suite 300
Los Angeles, CA 90094
Office : +1 (310) 301 5838
Mobile : +1 (805) 312 0052
Fax : +1 (310) 957-2348
From: Xavier Calvez <xavier.calvez@icann.org> Date: Wednesday, June 22, 2016 at 1:01 PM To: "Schaefer, Brett" <Brett.Schaefer@heritage.org>, "community-finance@icann.org" <community-finance@icann.org>, "cwg-stewardship@icann.org" <cwg-stewardship@icann.org>, CCWG-Accountability <accountability-cross-community@icann.org> Cc: Executive Team <executive-team@icann.org>, COMMS Team <commsteam@icann.org>, "icann-board@icann.org" <icann-board@icann.org>, Finance Staff <finance-staff@icann.org> Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Dear Brett,
Thank you for your interest and question.
We currently publish the list of all vendors from whom ICANN obtain services in relation to the IANA Stewardship transition. The $$ value of the services received is aggregated by category of expenses, which you mention below (US Government affairs, Education/engagement/advice,…). This presentation is driven by 2 factors: providing clarity as to the type of services received, and abiding by the contractual obligation of confidentiality in force with each of the vendors (resulting from standard business sensitive information).
We do publish however the detail of the legal advice, by firm and by working group, on this same page (see for example the link to the report of fees by firm: https://www.icann.org/en/system/files/files/iana-stewardship-expenses-legal-...).
You will also find more information relative to ICANN’s lobbying in the following blog published a few months ago. In this blog, you will also find links to the disclosure reports that ICANN makes on lobbying activities.
https://www.icann.org/resources/pages/lobbying-disclosures-contributions-201....
Lastly, further information on lobbying appears in ICANN’s form 990 (Schedule C, Part II-B. On page 33/73 of the FY15 form 990 published at the following link):
https://www.icann.org/en/system/files/files/fy-2015-form-990-10may16-en.pdf
I hope this helps. Please let me know if you have further questions.
Thank you.
Best,
Xavier
Xavier Calvez
ICANN
CFO
12025 Waterfront Drive, Suite 300
Los Angeles, CA 90094
Office : +1 (310) 301 5838
Mobile : +1 (805) 312 0052
Fax : +1 (310) 957-2348
From: "Schaefer, Brett" <Brett.Schaefer@heritage.org> Date: Tuesday, June 21, 2016 at 9:54 PM To: Xavier Calvez <xavier.calvez@icann.org>, "community-finance@icann.org" <community-finance@icann.org>, "cwg-stewardship@icann.org" <cwg-stewardship@icann.org>, CCWG-Accountability <accountability-cross-community@icann.org> Cc: Executive Team <executive-team@icann.org>, COMMS Team <commsteam@icann.org>, "icann-board@icann.org" <icann-board@icann.org>, Finance Staff <finance-staff@icann.org> Subject: RE: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Xavier,
Thank you. Could you please provide a more detailed breakdown of legal advice, US government affairs, and educations/engagement/advice? In each category, there are multiple firms/vendors listed (https://www.icann.org/en/system/files/files/iana-stewardship-expenses-profes...). I would appreciate the amount provided to each individual vendor. If it is provided somewhere, I would appreciate you letting me know where to find it.
Much appreciated,
Brett
Brett Schaefer Jay Kingham Senior Research Fellow in International Regulatory Affairs Margaret Thatcher Center for Freedom Davis Institute for National Security and Foreign Policy The Heritage Foundation 214 Massachusetts Avenue, NE Washington, DC 20002 202-608-6097 heritage.org
From: accountability-cross-community-bounces@icann.org [mailto:accountability-cross-community-bounces@icann.org] On Behalf Of Xavier J. Calvez Sent: Saturday, June 18, 2016 12:10 AM To: community-finance@icann.org; cwg-stewardship@icann.org; CCWG-Accountability Cc: Executive Team; COMMS Team; icann-board@icann.org; Finance Staff Subject: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Dear all,
You find at the link below the updated project’s expenses as of FY16 Q3 (from July 2014 to March 2016). As indicated a few months ago, we have added new detailed information on the staff support with the individual positions, names and percentages of effort over the period.
https://www.icann.org/resources/pages/iana-stewardship-project-costs
Thank you.
Best,
Xavier
Xavier Calvez
ICANN
CFO
12025 Waterfront Drive, Suite 300
Los Angeles, CA 90094
Office : +1 (310) 301 5838
Mobile : +1 (805) 312 0052
Fax : +1 (310) 957-2348
<iana-stewardship-expenses-professional-vendor-01jun16-en.pdf>
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There may be a way around it. Maybe ICANN only reveals the top 5 (which I think is the requirement top 3 or top 5) and then doesn't disclose the rest? Not really sure. From a transparency viewpoint, I believe that there should be full disclosure of fees...at a minimum, on request if not periodically published.
Lori S. Schulman Senior Director, Internet Policy International Trademark Association (INTA) +1-202-704-0408, Skype: lsschulman
From: accountability-cross-community-bounces@icann.org [mailto:accountability-cross-community-bounces@icann.org] On Behalf Of Phil Corwin Sent: Wednesday, July 20, 2016 12:07 PM To: Ken Stubbs <kstubbs@afilias.info>; Paul Rosenzweig <paul.rosenzweig@redbranchconsulting.com>; 'Marilyn Cade' <marilynscade@hotmail.com>; 'Schaefer, Brett' <brett.schaefer@heritage.org>; 'Xavier J. Calvez' <xavier.calvez@icann.org> Cc: cwg-stewardship@icann.org; 'CCWG-Accountability' <accountability-cross-community@icann.org>; icann-board@icann.org; 'Executive Team' <executive-team@icann.org>; 'COMMS Team' <commsteam@icann.org>; community-finance@icann.org; 'Finance Staff' <finance-staff@icann.org> Subject: Re: [CCWG-ACCT] [community-finance] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
If the contract non-disclosure clause indeed violates IRS disclosure requirements then how could ICANN legal agree to it?
Philip S. Corwin, Founding Principal Virtualaw LLC 1155 F Street, NW Suite 1050 Washington, DC 20004 202-559-8597/Direct 202-559-8750/Fax 202-255-6172/Cell
Twitter: @VlawDC
"Luck is the residue of design" -- Branch Rickey
From: Ken Stubbs [mailto:kstubbs@afilias.info] Sent: Wednesday, July 20, 2016 11:37 AM To: Paul Rosenzweig; 'Marilyn Cade'; Phil Corwin; 'Schaefer, Brett'; 'Xavier J. Calvez' Cc: cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>; 'CCWG-Accountability'; icann-board@icann.org<mailto:icann-board@icann.org>; 'Executive Team'; 'COMMS Team'; community-finance@icann.org<mailto:community-finance@icann.org>; 'Finance Staff' Subject: Re: [community-finance] [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
I believe Lori is correct here. IRS requirements on disclosures are usually quite specific here
Ken Stubbs On 7/20/16 10:32, Lori Schulman wrote: I don't believe that 501(c)3 orgs can consider any consulting fees confidential as the top fees are required to be reported on the 990.
Lori
Lori S. Schulman Senior Director, Internet Policy International Trademark Association (INTA) +1-202-704-0408, Skype: lsschulman
From: accountability-cross-community-bounces@icann.org<mailto:accountability-cross-community-bounces@icann.org> [mailto:accountability-cross-community-bounces@icann.org] On Behalf Of Paul Rosenzweig Sent: Wednesday, July 20, 2016 10:16 AM To: 'Marilyn Cade' <marilynscade@hotmail.com><mailto:marilynscade@hotmail.com>; 'Phil Corwin' <psc@vlaw-dc.com><mailto:psc@vlaw-dc.com>; 'Schaefer, Brett' <brett.schaefer@heritage.org><mailto:brett.schaefer@heritage.org>; 'Xavier J. Calvez' <xavier.calvez@icann.org><mailto:xavier.calvez@icann.org> Cc: cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>; 'CCWG-Accountability' <accountability-cross-community@icann.org><mailto:accountability-cross-community@icann.org>; icann-board@icann.org<mailto:icann-board@icann.org>; 'Executive Team' <executive-team@icann.org><mailto:executive-team@icann.org>; 'COMMS Team' <commsteam@icann.org><mailto:commsteam@icann.org>; community-finance@icann.org<mailto:community-finance@icann.org>; 'Finance Staff' <finance-staff@icann.org><mailto:finance-staff@icann.org> Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
I agree completely with Marilyn and Phil. I have been on both sides of non-disclosure agreements - both ones requested by me and ones requested by my clients. Typically, a client (in the position of ICANN) may request that a consultant sign an NDA so as to protect the confidentiality of its efforts or its intellectual property. Sometimes a consultant might have a proprietary methodology or process that they are using on behalf of the client that they wish to protect.
Neither circumstance applies here that I can see. And in no case that I am aware of has a client ever asked me to keep confidential my fee ... I don't broadcast them, but I'm in the private sector. For ICANN, which is an NGO acting in the global public interest, I cannot see any reason at all why ICANN would want or agree to a confidentiality arrangement as to the size of the fee paid.
Xavier - can you tell us what the rationale is? I may be missing something .....
Thanks Paul
Paul Rosenzweig paul.rosenzweig@redbranchconsulting.com<mailto:paul.rosenzweig@redbranchconsulting.com> O: +1 (202) 547-0660 M: +1 (202) 329-9650 VOIP: +1 (202) 738-1739 www.redbranchconsulting.com<http://www.redbranchconsulting.com/> My PGP Key: http://redbranchconsulting.com/who-we-are/public-pgp-key/
From: accountability-cross-community-bounces@icann.org<mailto:accountability-cross-community-bounces@icann.org> [mailto:accountability-cross-community-bounces@icann.org] On Behalf Of Marilyn Cade Sent: Wednesday, July 20, 2016 9:05 AM To: Phil Corwin <psc@vlaw-dc.com<mailto:psc@vlaw-dc.com>>; Schaefer, Brett <brett.schaefer@heritage.org<mailto:brett.schaefer@heritage.org>>; Xavier J. Calvez <xavier.calvez@icann.org<mailto:xavier.calvez@icann.org>> Cc: cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>; CCWG-Accountability <accountability-cross-community@icann.org<mailto:accountability-cross-community@icann.org>>; icann-board@icann.org<mailto:icann-board@icann.org>; Executive Team <executive-team@icann.org<mailto:executive-team@icann.org>>; COMMS Team <commsteam@icann.org<mailto:commsteam@icann.org>>; community-finance@icann.org<mailto:community-finance@icann.org>; Finance Staff <finance-staff@icann.org<mailto:finance-staff@icann.org>> Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
I support Phil's clarifying explanation.
I also think that anyone who is in this category, should have to declare if they re also representing companies in a SO/AC.
Or advising governments.
In the BC, we do not allow an ICANN consultant to be a BC member, regardless of the amount, but if someone is a backdoor advisor to ICANN and also a group of entities, in a SO/AC, that would not be so obvious, but I think that for integrity sake, of course, any such entity would recuse themselves from advising companies, while also advising ICANN.
And I would expect ICANN to disqualify such entities as their consultants.
Thanks, Phil, for this useful clarification.
M
From: psc@vlaw-dc.com<mailto:psc@vlaw-dc.com> To: Brett.Schaefer@heritage.org<mailto:Brett.Schaefer@heritage.org>; xavier.calvez@icann.org<mailto:xavier.calvez@icann.org> Date: Wed, 20 Jul 2016 00:48:08 +0000 CC: cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>; accountability-cross-community@icann.org<mailto:accountability-cross-community@icann.org>; icann-board@icann.org<mailto:icann-board@icann.org>; executive-team@icann.org<mailto:executive-team@icann.org>; commsteam@icann.org<mailto:commsteam@icann.org>; community-finance@icann.org<mailto:community-finance@icann.org>; finance-staff@icann.org<mailto:finance-staff@icann.org> Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update In the U.S. much of what used to be done by registered lobbyists is now performed by "strategic advisors" who walk right up to the line of what constitutes lobbying (and maybe a few inches over), and nonetheless facilitate door opening to key members of Congress and the Executive branch, and who "educate" rather than "lobby" members of both branches of government. So while the seven firms may not be engaged in what is considered lobbying under current U.S. law, they are still likely engaged in helping to assure officials outcomes desired by ICANN corporate.
It is for that reason - as well as for the exercise of effective oversight over ICANN budgeting and expenditures - that the community should have more data on this. If ICANN is prohibited by its contracts with these firms from disclosing its expenditures that is unfortunate - and in the future I would hope that ICANN would tell any firms being considered for such duties that its own transparency obligations to the community preclude it from agreeing to such restrictions (I'd wager that the majority of the firms would waive confidentiality rather than lose the contract).
At a minimum, ICANN should disclose the aggregate amounts spent with these seven firms since they were engaged - surely their contracts don't bar such aggregate reporting.
Philip S. Corwin, Founding Principal Virtualaw LLC 1155 F Street, NW Suite 1050 Washington, DC 20004 202-559-8597/Direct 202-559-8750/Fax 202-255-6172/Cell
Twitter: @VlawDC
"Luck is the residue of design" -- Branch Rickey
From: accountability-cross-community-bounces@icann.org<mailto:accountability-cross-community-bounces@icann.org> [mailto:accountability-cross-community-bounces@icann.org] On Behalf Of Schaefer, Brett Sent: Tuesday, July 19, 2016 1:04 PM To: Xavier J. Calvez Cc: cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>; CCWG-Accountability; icann-board@icann.org<mailto:icann-board@icann.org>; Executive Team; COMMS Team; community-finance@icann.org<mailto:community-finance@icann.org>; Finance Staff Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Xavier,
Are you saying that ICANN's contracts for Education/Engagement/Advice with (1) Albright Stonebridge Group LLC, (2) Edelman, (3) Interface Media, (4) Rice Hadley Gates LLC, (5) Summit Strategies International LLC, (6) WBC Global, and (7) Wiley Rein LLP each contain confidentiality provisions that prohibit ICANN from disclosing the specific amount paid to each of these individual vendors?
Does this only apply to the CCWG and the public or does it also apply to other parts of the ICANN community, specifically the Supporting Organizations and Advisory Committees?
Thank you for the link on lobbying disclosures. For those who are interested, here are ICANN's lobbying expenditures based on the disclosure website of the U.S. Congress.
[cid:image001.png@01D1E288.5A6FC8C0]
I do have a couple of additional questions. Would this source capture lobbying exclusively directed toward the US Executive Branch? Has ICANN spent any funds during this period lobbying governments other than the US?
Thank you,
Brett
Brett Schaefer Jay Kingham Senior Research Fellow in International Regulatory Affairs Margaret Thatcher Center for Freedom Davis Institute for National Security and Foreign Policy The Heritage Foundation 214 Massachusetts Avenue, NE Washington, DC 20002 202-608-6097 heritage.org<http://heritage.org/> From: Xavier J. Calvez [mailto:xavier.calvez@icann.org] Sent: Monday, July 18, 2016 6:30 PM To: Schaefer, Brett Cc: community-finance@icann.org<mailto:community-finance@icann.org>; cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>; CCWG-Accountability; Executive Team; COMMS Team; icann-board@icann.org<mailto:icann-board@icann.org>; Finance Staff Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Brett, Yes, the information I provided in my latest email had been included in some previous communication. I just wanted to make sure you had a clear visibility on this information, which provides for (i) categories of expenses, (ii) the individual names of the vendors grouped for each category, and (iii) the total value of the expenses for each category. With respect to the contractual obligations of confidentiality in commercial contracts, ICANN is subject to them, like all business organizations. That said, we disclose what we can consistent with standard business confidentiality provisions in vendor contracts. We cannot disclose the specific amount of spend with each vendor but we were able to disclose the names of the service providers engaged. Regarding the lobbying expenses, as you are aware, both organizations that hire lobbyists and firms that lobby on behalf of organizations are required under U.S. federal law to file lobbying disclosure reports. In addition to ICANN's quarterly lobbying disclosures posted on our website, you can find the amounts ICANN has paid to individual outside lobbying firms at http://disclosures.house.gov/ld/ldsearch.aspx. I hope this helps and clarifies.
Thank you.
Best, Xavier
Xavier Calvez ICANN CFO 12025 Waterfront Drive, Suite 300 Los Angeles, CA 90094 Office : +1 (310) 301 5838 Mobile : +1 (805) 312 0052 Fax : +1 (310) 957-2348
From: "Schaefer, Brett" <Brett.Schaefer@heritage.org<mailto:Brett.Schaefer@heritage.org>> Date: Thursday, July 14, 2016 at 7:07 AM To: Xavier Calvez <xavier.calvez@icann.org<mailto:xavier.calvez@icann.org>> Cc: "community-finance@icann.org<mailto:community-finance@icann.org>" <community-finance@icann.org<mailto:community-finance@icann.org>>, "cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>" <cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>>, CCWG-Accountability <accountability-cross-community@icann.org<mailto:accountability-cross-community@icann.org>>, Executive Team <executive-team@icann.org<mailto:executive-team@icann.org>>, COMMS Team <commsteam@icann.org<mailto:commsteam@icann.org>>, "icann-board@icann.org<mailto:icann-board@icann.org>" <icann-board@icann.org<mailto:icann-board@icann.org>>, Finance Staff <finance-staff@icann.org<mailto:finance-staff@icann.org>> Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Xavier,
This is pretty much the same information that was provided before. I am asking for a breakdown of how much was paid to each vender in the lobbying category (Akin Gump, etc.) and the education/engagement/advice category (Albright Stoneridge, etc.).
Thank you,
Brett
On Jul 13, 2016, at 8:13 PM, Xavier J. Calvez <xavier.calvez@icann.org<mailto:xavier.calvez@icann.org>> wrote: Dear Brett, In response to your question listed below on 22 June: the detailed information provided on Other professional fees (other than legal fees, detailed in a separate section of the "Transition project cost" expense webpage, on the IANA Stewardship Transition webpage) can be found in the section called "Professional Services - Expenses Breakdown". Within this section, you will find a link to a document that provides the list of Professional Services (other than legal fees) incurred, by category, with the names of the vendors, and the total amount of expenditures for the category. This link is copied below and was provided in my first answer to your question. I have also attached the file to which this link refers in case the link would not work for you. https://www.icann.org/en/system/files/files/iana-stewardship-expenses-profes... If this not addressing your question, please let me know.
Thank you.
Best, Xavier
Xavier Calvez ICANN CFO 12025 Waterfront Drive, Suite 300 Los Angeles, CA 90094 Office : +1 (310) 301 5838 Mobile : +1 (805) 312 0052 Fax : +1 (310) 957-2348
Brett Schaefer Jay Kingham Senior Research Fellow in International Regulatory Affairs Margaret Thatcher Center for Freedom Davis Institute for National Security and Foreign Policy The Heritage Foundation 214 Massachusetts Avenue, NE Washington, DC 20002 202-608-6097 heritage.org<http://heritage.org/> From: Xavier Calvez <xavier.calvez@icann.org<mailto:xavier.calvez@icann.org>> Date: Tuesday, July 12, 2016 at 9:45 AM To: "Schaefer, Brett" <Brett.Schaefer@heritage.org<mailto:Brett.Schaefer@heritage.org>>, "community-finance@icann.org<mailto:community-finance@icann.org>" <community-finance@icann.org<mailto:community-finance@icann.org>>, "cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>" <cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>>, CCWG-Accountability <accountability-cross-community@icann.org<mailto:accountability-cross-community@icann.org>> Cc: Executive Team <executive-team@icann.org<mailto:executive-team@icann.org>>, COMMS Team <commsteam@icann.org<mailto:commsteam@icann.org>>, "icann-board@icann.org<mailto:icann-board@icann.org>" <icann-board@icann.org<mailto:icann-board@icann.org>>, Finance Staff <finance-staff@icann.org<mailto:finance-staff@icann.org>> Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Brett, Thank you for following up. I will make sure to respond no later than the end of this week.
Thank you.
Best, Xavier
Xavier Calvez ICANN CFO 12025 Waterfront Drive, Suite 300 Los Angeles, CA 90094 Office : +1 (310) 301 5838 Mobile : +1 (805) 312 0052 Fax : +1 (310) 957-2348
From: "Schaefer, Brett" <Brett.Schaefer@heritage.org<mailto:Brett.Schaefer@heritage.org>> Date: Tuesday, July 12, 2016 at 11:38 AM To: Xavier Calvez <xavier.calvez@icann.org<mailto:xavier.calvez@icann.org>>, "community-finance@icann.org<mailto:community-finance@icann.org>" <community-finance@icann.org<mailto:community-finance@icann.org>>, "cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>" <cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>>, CCWG-Accountability <accountability-cross-community@icann.org<mailto:accountability-cross-community@icann.org>> Cc: Executive Team <executive-team@icann.org<mailto:executive-team@icann.org>>, COMMS Team <commsteam@icann.org<mailto:commsteam@icann.org>>, "icann-board@icann.org<mailto:icann-board@icann.org>" <icann-board@icann.org<mailto:icann-board@icann.org>>, Finance Staff <finance-staff@icann.org<mailto:finance-staff@icann.org>> Subject: RE: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Xavier,
Thanks for promising to get this information to me in Helsinki. Do you have an estimate for when it will be provided?
Thanks,
Brett
Brett Schaefer Jay Kingham Senior Research Fellow in International Regulatory Affairs Margaret Thatcher Center for Freedom Davis Institute for National Security and Foreign Policy The Heritage Foundation 214 Massachusetts Avenue, NE Washington, DC 20002 202-608-6097 heritage.org<http://heritage.org/> From: Schaefer, Brett Sent: Wednesday, June 22, 2016 2:39 PM To: 'Xavier J. Calvez'; community-finance@icann.org<mailto:community-finance@icann.org>; cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>; CCWG-Accountability Cc: Executive Team; COMMS Team; icann-board@icann.org<mailto:icann-board@icann.org>; Finance Staff Subject: RE: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Xavier,
I appreciate the detailed breakdown on the legal fees That is indeed what I was looking for though I would think it useful to have the totals provided in the summary document.
However, I did not see similar information for lobbying or education/ engagement/advice in the links provided. In fact, the only specific information that I saw listed is for Jamie Hedlund at $200,000. No information on other individual firms or vendors is listed at all - only the top line budget expenditure in the summary document link originally sent around.
Could you provide that information?
Thanks,
Brett
From: Xavier J. Calvez [mailto:xavier.calvez@icann.org] Sent: Wednesday, June 22, 2016 10:43 AM To: Schaefer, Brett; community-finance@icann.org<mailto:community-finance@icann.org>; cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>; CCWG-Accountability Cc: Executive Team; COMMS Team; icann-board@icann.org<mailto:icann-board@icann.org>; Finance Staff Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Dear all, It appears that the first link in my email further below (detail of legal fees by firm) does not resolve correctly. Please use the below instead. https://www.icann.org/en/system/files/files/iana-stewardship-expenses-legal-...
Thank you.
Best, Xavier
Xavier Calvez ICANN CFO 12025 Waterfront Drive, Suite 300 Los Angeles, CA 90094 Office : +1 (310) 301 5838 Mobile : +1 (805) 312 0052 Fax : +1 (310) 957-2348
From: Xavier Calvez <xavier.calvez@icann.org<mailto:xavier.calvez@icann.org>> Date: Wednesday, June 22, 2016 at 1:01 PM To: "Schaefer, Brett" <Brett.Schaefer@heritage.org<mailto:Brett.Schaefer@heritage.org>>, "community-finance@icann.org<mailto:community-finance@icann.org>" <community-finance@icann.org<mailto:community-finance@icann.org>>, "cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>" <cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>>, CCWG-Accountability <accountability-cross-community@icann.org<mailto:accountability-cross-community@icann.org>> Cc: Executive Team <executive-team@icann.org<mailto:executive-team@icann.org>>, COMMS Team <commsteam@icann.org<mailto:commsteam@icann.org>>, "icann-board@icann.org<mailto:icann-board@icann.org>" <icann-board@icann.org<mailto:icann-board@icann.org>>, Finance Staff <finance-staff@icann.org<mailto:finance-staff@icann.org>> Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Dear Brett, Thank you for your interest and question. We currently publish the list of all vendors from whom ICANN obtain services in relation to the IANA Stewardship transition. The $$ value of the services received is aggregated by category of expenses, which you mention below (US Government affairs, Education/engagement/advice,...). This presentation is driven by 2 factors: providing clarity as to the type of services received, and abiding by the contractual obligation of confidentiality in force with each of the vendors (resulting from standard business sensitive information). We do publish however the detail of the legal advice, by firm and by working group, on this same page (see for example the link to the report of fees by firm: https://www.icann.org/en/system/files/files/iana-stewardship-expenses-legal-firm-fy16-01jun16-en.pdf)<https://www.icann.org/en/system/files/files/iana-stewardship-expenses-legal-firm-fy16-01jun16-en.pdf%29>. You will also find more information relative to ICANN's lobbying in the following blog published a few months ago. In this blog, you will also find links to the disclosure reports that ICANN makes on lobbying activities. https://www.icann.org/resources/pages/lobbying-disclosures-contributions-201.... Lastly, further information on lobbying appears in ICANN's form 990 (Schedule C, Part II-B. On page 33/73 of the FY15 form 990 published at the following link): https://www.icann.org/en/system/files/files/fy-2015-form-990-10may16-en.pdf I hope this helps. Please let me know if you have further questions.
Thank you.
Best, Xavier
Xavier Calvez ICANN CFO 12025 Waterfront Drive, Suite 300 Los Angeles, CA 90094 Office : +1 (310) 301 5838 Mobile : +1 (805) 312 0052 Fax : +1 (310) 957-2348
From: "Schaefer, Brett" <Brett.Schaefer@heritage.org<mailto:Brett.Schaefer@heritage.org>> Date: Tuesday, June 21, 2016 at 9:54 PM To: Xavier Calvez <xavier.calvez@icann.org<mailto:xavier.calvez@icann.org>>, "community-finance@icann.org<mailto:community-finance@icann.org>" <community-finance@icann.org<mailto:community-finance@icann.org>>, "cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>" <cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>>, CCWG-Accountability <accountability-cross-community@icann.org<mailto:accountability-cross-community@icann.org>> Cc: Executive Team <executive-team@icann.org<mailto:executive-team@icann.org>>, COMMS Team <commsteam@icann.org<mailto:commsteam@icann.org>>, "icann-board@icann.org<mailto:icann-board@icann.org>" <icann-board@icann.org<mailto:icann-board@icann.org>>, Finance Staff <finance-staff@icann.org<mailto:finance-staff@icann.org>> Subject: RE: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Xavier,
Thank you. Could you please provide a more detailed breakdown of legal advice, US government affairs, and educations/engagement/advice? In each category, there are multiple firms/vendors listed (https://www.icann.org/en/system/files/files/iana-stewardship-expenses-profes...). I would appreciate the amount provided to each individual vendor. If it is provided somewhere, I would appreciate you letting me know where to find it.
Much appreciated,
Brett
Brett Schaefer Jay Kingham Senior Research Fellow in International Regulatory Affairs Margaret Thatcher Center for Freedom Davis Institute for National Security and Foreign Policy The Heritage Foundation 214 Massachusetts Avenue, NE Washington, DC 20002 202-608-6097 heritage.org<http://heritage.org/> From: accountability-cross-community-bounces@icann.org<mailto:accountability-cross-community-bounces@icann.org> [mailto:accountability-cross-community-bounces@icann.org] On Behalf Of Xavier J. Calvez Sent: Saturday, June 18, 2016 12:10 AM To: community-finance@icann.org<mailto:community-finance@icann.org>; cwg-stewardship@icann.org<mailto:cwg-stewardship@icann.org>; CCWG-Accountability Cc: Executive Team; COMMS Team; icann-board@icann.org<mailto:icann-board@icann.org>; Finance Staff Subject: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
Dear all, You find at the link below the updated project's expenses as of FY16 Q3 (from July 2014 to March 2016). As indicated a few months ago, we have added new detailed information on the staff support with the individual positions, names and percentages of effort over the period.
https://www.icann.org/resources/pages/iana-stewardship-project-costs
Thank you.
Best, Xavier
Xavier Calvez ICANN CFO 12025 Waterfront Drive, Suite 300 Los Angeles, CA 90094 Office : +1 (310) 301 5838 Mobile : +1 (805) 312 0052 Fax : +1 (310) 957-2348
<iana-stewardship-expenses-professional-vendor-01jun16-en.pdf>
_______________________________________________ Accountability-Cross-Community mailing list Accountability-Cross-Community@icann.org<mailto:Accountability-Cross-Community@icann.org> https://mm.icann.org/mailman/listinfo/accountability-cross-community
community-finance mailing list
community-finance@icann.org<mailto:community-finance@icann.org>
Ken, Loriright. but we are not asking for that kind of reporting. We are asking for something more factual and more about informing the community of ICANN, not just the IRS. :-) I think we want a bit more and a general sort of 'rule' of openness. So, if you accept a contract with ICANN, expect it to be known, just as the contracts to do a Review are, and state what you do for ICANN. I respect ICANN having consultants, and hiring people to do awareness and engagement to explain the IANA transition, or fund travel for the Chairs of the CCWG, etc. to provide awareness, this is within, in my view, the role of the organization in fulfilling its mission. So, I may be more flexible than some. After all, I spend most of my business life trying to explain IG in developing countries, and trying to find funders to allow me to do that. :-) ICANN is not a client but in my view, as I do broader IG work, creating understanding about what ICANN does and does not do is real work. It is important and if we, the community, are not aware of its importance, then we misunderstand how we need to support ICANN, broadly, as awareness.... We are very fortunate to have this opportunity, as this will build the support needed for ICANN to be more internationalized. I suspect we are all on the same page - mostly -- and thus, I hope we will ask for the facts and figures, and then focus on what is needed to continue to build support for the transition in the US, and well beyond. M
From: kstubbs@afilias.info Subject: Re: [community-finance] [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update To: paul.rosenzweig@redbranchconsulting.com; marilynscade@hotmail.com; psc@vlaw-dc.com; brett.schaefer@heritage.org; xavier.calvez@icann.org CC: cwg-stewardship@icann.org; accountability-cross-community@icann.org; icann-board@icann.org; executive-team@icann.org; commsteam@icann.org; community-finance@icann.org; finance-staff@icann.org Date: Wed, 20 Jul 2016 11:37:05 -0400
I believe Lori is correct here. IRS requirements
on disclosures are
usually quite specific here
Ken Stubbs
On 7/20/16 10:32, Lori Schulman wrote:
I
don’t believe that 501©3 orgs can consider any consulting
fees confidential as the top fees are required to be
reported on the 990.
Lori
Lori
S. Schulman
Senior
Director, Internet Policy
International
Trademark Association (INTA)
+1-202-704-0408,
Skype: lsschulman
From:
accountability-cross-community-bounces@icann.org
[mailto:accountability-cross-community-bounces@icann.org]
On Behalf Of Paul Rosenzweig
Sent: Wednesday, July 20, 2016 10:16 AM
To: 'Marilyn Cade'
<marilynscade@hotmail.com>; 'Phil Corwin'
<psc@vlaw-dc.com>; 'Schaefer, Brett'
<brett.schaefer@heritage.org>; 'Xavier J. Calvez'
<xavier.calvez@icann.org>
Cc: cwg-stewardship@icann.org;
'CCWG-Accountability'
<accountability-cross-community@icann.org>;
icann-board@icann.org; 'Executive Team'
<executive-team@icann.org>; 'COMMS Team'
<commsteam@icann.org>;
community-finance@icann.org; 'Finance Staff'
<finance-staff@icann.org>
Subject: Re: [CCWG-ACCT] IANA Stewardship
Transition - Project Expenses - FY16 Q3 update
I
agree completely with Marilyn and Phil. I have been on both
sides of non-disclosure agreements – both ones requested by
me and ones requested by my clients. Typically, a client
(in the position of ICANN) may request that a consultant
sign an NDA so as to protect the confidentiality of its
efforts or its intellectual property. Sometimes a
consultant might have a proprietary methodology or process
that they are using on behalf of the client that they wish
to protect.
Neither
circumstance applies here that I can see. And in no case
that I am aware of has a client ever asked me to keep
confidential my fee … I don’t broadcast them, but I’m in
the private sector. For ICANN, which is an NGO acting in
the global public interest, I cannot see any reason at all
why ICANN would want or agree to a confidentiality
arrangement as to the size of the fee paid.
Xavier
– can you tell us what the rationale is? I may be missing
something …..
Thanks
Paul
Paul
Rosenzweig
paul.rosenzweig@redbranchconsulting.com
O:
+1 (202) 547-0660
M:
+1 (202) 329-9650
VOIP:
+1 (202) 738-1739
www.redbranchconsulting.com
My
PGP Key:
http://redbranchconsulting.com/who-we-are/public-pgp-key/
From:
accountability-cross-community-bounces@icann.org
[mailto:accountability-cross-community-bounces@icann.org]
On Behalf Of Marilyn Cade
Sent: Wednesday, July 20, 2016 9:05 AM
To: Phil Corwin <psc@vlaw-dc.com>;
Schaefer, Brett <brett.schaefer@heritage.org>;
Xavier J. Calvez <xavier.calvez@icann.org>
Cc: cwg-stewardship@icann.org;
CCWG-Accountability <accountability-cross-community@icann.org>;
icann-board@icann.org;
Executive Team <executive-team@icann.org>;
COMMS Team <commsteam@icann.org>;
community-finance@icann.org;
Finance Staff <finance-staff@icann.org>
Subject: Re: [CCWG-ACCT] IANA Stewardship
Transition - Project Expenses - FY16 Q3 update
I
support Phil's clarifying explanation.
I
also think that anyone who is in this category, should
have to declare if they re also representing companies
in a SO/AC.
Or
advising governments.
In
the BC, we do not allow an ICANN consultant to be a BC
member, regardless of the amount, but if someone is a
backdoor advisor to ICANN and also a group of entities,
in a SO/AC, that would not be so obvious, but I think
that for integrity sake, of course, any such entity
would recuse themselves from advising companies, while
also advising ICANN.
And I
would expect ICANN to disqualify such entities as their
consultants.
Thanks,
Phil, for this useful clarification.
M
From:
psc@vlaw-dc.com
To: Brett.Schaefer@heritage.org;
xavier.calvez@icann.org
Date: Wed, 20 Jul 2016 00:48:08 +0000
CC: cwg-stewardship@icann.org;
accountability-cross-community@icann.org;
icann-board@icann.org; executive-team@icann.org;
commsteam@icann.org;
community-finance@icann.org; finance-staff@icann.org
Subject: Re: [CCWG-ACCT] IANA Stewardship Transition -
Project Expenses - FY16 Q3 update
In
the U.S. much of what used to be done by registered
lobbyists is now performed by “strategic advisors”
who walk right up to the line of what constitutes
lobbying (and maybe a few inches over), and
nonetheless facilitate door opening to key members
of Congress and the Executive branch, and who
“educate” rather than “lobby” members of both
branches of government. So while the seven firms may
not be engaged in what is considered lobbying under
current U.S. law, they are still likely engaged in
helping to assure officials outcomes desired by
ICANN corporate.
It
is for that reason – as well as for the exercise of
effective oversight over ICANN budgeting and
expenditures – that the community should have more
data on this. If ICANN is prohibited by its
contracts with these firms from disclosing its
expenditures that is unfortunate – and in the future
I would hope that ICANN would tell any firms being
considered for such duties that its own transparency
obligations to the community preclude it from
agreeing to such restrictions (I’d wager that the
majority of the firms would waive confidentiality
rather than lose the contract).
At
a minimum, ICANN should disclose the aggregate
amounts spent with these seven firms since they were
engaged – surely their contracts don’t bar such
aggregate reporting.
Philip
S. Corwin, Founding Principal
Virtualaw
LLC
1155
F Street, NW
Suite
1050
Washington,
DC 20004
202-559-8597/Direct
202-559-8750/Fax
202-255-6172/Cell
Twitter:
@VlawDC
"Luck
is the residue of design" -- Branch Rickey
From:
accountability-cross-community-bounces@icann.org
[mailto:accountability-cross-community-bounces@icann.org]
On Behalf Of Schaefer, Brett
Sent: Tuesday, July 19, 2016 1:04 PM
To: Xavier J. Calvez
Cc: cwg-stewardship@icann.org;
CCWG-Accountability;
icann-board@icann.org;
Executive Team; COMMS Team;
community-finance@icann.org;
Finance Staff
Subject: Re: [CCWG-ACCT] IANA Stewardship
Transition - Project Expenses - FY16 Q3 update
Xavier,
Are
you saying that ICANN’s contracts for
Education/Engagement/Advice with (1) Albright
Stonebridge Group LLC, (2) Edelman, (3) Interface
Media, (4) Rice Hadley Gates LLC, (5) Summit
Strategies International LLC, (6) WBC Global, and
(7) Wiley Rein LLP each contain confidentiality
provisions that prohibit ICANN from disclosing the
specific amount paid to each of these individual
vendors?
Does
this only apply to the CCWG and the public or does
it also apply to other parts of the ICANN community,
specifically the Supporting Organizations and
Advisory Committees?
Thank
you for the link on lobbying disclosures. For those
who are interested, here are ICANN’s lobbying
expenditures based on the disclosure website of the
U.S. Congress.
I
do have a couple of additional questions. Would this
source capture lobbying exclusively directed toward
the US Executive Branch? Has ICANN spent any funds
during this period lobbying governments other than
the US?
Thank
you,
Brett
Brett
Schaefer
Jay Kingham Senior Research Fellow in
International Regulatory Affairs
Margaret Thatcher Center for Freedom Davis
Institute for National Security and Foreign Policy
The
Heritage Foundation
214 Massachusetts Avenue, NE
Washington, DC 20002
202-608-6097
heritage.org
From:
Xavier J. Calvez [mailto:xavier.calvez@icann.org]
Sent: Monday, July 18, 2016 6:30 PM
To: Schaefer, Brett
Cc: community-finance@icann.org;
cwg-stewardship@icann.org;
CCWG-Accountability; Executive Team; COMMS Team;
icann-board@icann.org;
Finance Staff
Subject: Re: [CCWG-ACCT] IANA Stewardship
Transition - Project Expenses - FY16 Q3 update
Brett,
Yes,
the information I provided in my latest email had
been included in some previous communication. I just
wanted to make sure you had a clear visibility on
this information, which provides for (i) categories
of expenses, (ii) the individual names of the
vendors grouped for each category, and (iii) the
total value of the expenses for each category.
With
respect to the contractual obligations of
confidentiality in commercial contracts, ICANN is
subject to them, like all business organizations.
That said, we disclose what we can consistent with
standard business confidentiality provisions in
vendor contracts. We cannot disclose the specific
amount of spend with each vendor but we were able to
disclose the names of the service providers engaged.
Regarding
the lobbying expenses, as you are aware, both
organizations that hire lobbyists and firms that
lobby on behalf of organizations are required under
U.S. federal law to file lobbying disclosure
reports. In addition to ICANN’s quarterly lobbying
disclosures posted on our website, you can find the
amounts ICANN has paid to individual outside
lobbying firms at
http://disclosures.house.gov/ld/ldsearch.aspx.
I
hope this helps and clarifies.
Thank
you.
Best,
Xavier
Xavier
Calvez
ICANN
CFO
12025
Waterfront Drive, Suite 300
Los
Angeles, CA 90094
Office
: +1 (310) 301 5838
Mobile
: +1 (805) 312 0052
Fax
: +1 (310) 957-2348
From:
"Schaefer,
Brett" <Brett.Schaefer@heritage.org>
Date: Thursday, July 14, 2016 at 7:07 AM
To: Xavier Calvez <xavier.calvez@icann.org>
Cc: "community-finance@icann.org"
<community-finance@icann.org>,
"cwg-stewardship@icann.org"
<cwg-stewardship@icann.org>,
CCWG-Accountability <accountability-cross-community@icann.org>,
Executive Team <executive-team@icann.org>,
COMMS Team <commsteam@icann.org>,
"icann-board@icann.org"
<icann-board@icann.org>,
Finance Staff <finance-staff@icann.org>
Subject: Re: [CCWG-ACCT] IANA Stewardship
Transition - Project Expenses - FY16 Q3 update
Xavier,
This
is pretty much the same information that was
provided before. I am asking for a breakdown
of how much was paid to each vender in the
lobbying category (Akin Gump, etc.) and the
education/engagement/advice category
(Albright Stoneridge, etc.).
Thank
you,
Brett
On Jul 13, 2016, at 8:13 PM, Xavier J. Calvez
<xavier.calvez@icann.org>
wrote:
Dear
Brett,
In
response to your question listed below on 22
June: the detailed information provided on
Other professional fees (other than legal
fees, detailed in a separate section of the
“Transition project cost” expense webpage,
on the IANA Stewardship Transition webpage)
can be found in the section called “Professional
Services – Expenses Breakdown”.
Within this section, you will find a link to
a document that provides the list of
Professional Services (other than legal
fees) incurred, by category, with the names
of the vendors, and the total amount of
expenditures for the category.
This
link is copied below and was provided in my
first answer to your question. I have also
attached the file to which this link refers
in case the link would not work for you.
https://www.icann.org/en/system/files/files/iana-stewardship-expenses-professional-vendor-01jun16-en.pdf
If
this not addressing your question, please
let me know.
Thank
you.
Best,
Xavier
Xavier
Calvez
ICANN
CFO
12025
Waterfront Drive, Suite 300
Los
Angeles, CA 90094
Office
: +1 (310) 301 5838
Mobile
: +1 (805) 312 0052
Fax
: +1 (310) 957-2348
Brett
Schaefer
Jay Kingham Senior Research Fellow in
International Regulatory Affairs
Margaret Thatcher Center for Freedom Davis
Institute for National Security and Foreign
Policy
The
Heritage Foundation
214 Massachusetts Avenue, NE
Washington, DC 20002
202-608-6097
heritage.org
From:
Xavier
Calvez <xavier.calvez@icann.org>
Date: Tuesday, July 12, 2016 at
9:45 AM
To: "Schaefer, Brett" <Brett.Schaefer@heritage.org>,
"community-finance@icann.org"
<community-finance@icann.org>,
"cwg-stewardship@icann.org"
<cwg-stewardship@icann.org>,
CCWG-Accountability <accountability-cross-community@icann.org>
Cc: Executive Team <executive-team@icann.org>,
COMMS Team <commsteam@icann.org>,
"icann-board@icann.org"
<icann-board@icann.org>,
Finance Staff <finance-staff@icann.org>
Subject: Re: [CCWG-ACCT] IANA
Stewardship Transition - Project Expenses
- FY16 Q3 update
Brett,
Thank
you for following up.
I
will make sure to respond no later than
the end of this week.
Thank
you.
Best,
Xavier
Xavier
Calvez
ICANN
CFO
12025
Waterfront Drive, Suite 300
Los
Angeles, CA 90094
Office
: +1 (310) 301 5838
Mobile
: +1 (805) 312 0052
Fax
: +1 (310) 957-2348
From:
"Schaefer,
Brett" <Brett.Schaefer@heritage.org>
Date: Tuesday, July 12, 2016
at 11:38 AM
To: Xavier Calvez <xavier.calvez@icann.org>,
"community-finance@icann.org"
<community-finance@icann.org>,
"cwg-stewardship@icann.org"
<cwg-stewardship@icann.org>,
CCWG-Accountability <accountability-cross-community@icann.org>
Cc: Executive Team <executive-team@icann.org>,
COMMS Team <commsteam@icann.org>,
"icann-board@icann.org"
<icann-board@icann.org>,
Finance Staff <finance-staff@icann.org>
Subject: RE: [CCWG-ACCT] IANA
Stewardship Transition - Project
Expenses - FY16 Q3 update
Xavier,
Thanks
for promising to get this
information to me in Helsinki. Do
you have an estimate for when it
will be provided?
Thanks,
Brett
Brett
Schaefer
Jay Kingham Senior Research Fellow
in International Regulatory
Affairs
Margaret Thatcher Center for
Freedom Davis Institute for
National Security and Foreign
Policy
The
Heritage Foundation
214 Massachusetts Avenue, NE
Washington, DC 20002
202-608-6097
heritage.org
From:
Schaefer, Brett
Sent: Wednesday, June 22,
2016 2:39 PM
To: 'Xavier J. Calvez'; community-finance@icann.org;
cwg-stewardship@icann.org;
CCWG-Accountability
Cc: Executive Team; COMMS
Team; icann-board@icann.org; Finance
Staff
Subject: RE: [CCWG-ACCT]
IANA Stewardship Transition -
Project Expenses - FY16 Q3
update
Xavier,
I
appreciate the detailed breakdown on
the legal fees That is indeed what I
was looking for though I would think
it useful to have the totals
provided in the summary document.
However,
I did not see similar information
for lobbying or education/
engagement/advice in the links
provided. In fact, the only specific
information that I saw listed is for
Jamie Hedlund at $200,000. No
information on other individual
firms or vendors is listed at all –
only the top line budget expenditure
in the summary document link
originally sent around.
Could
you provide that information?
Thanks,
Brett
From:
Xavier J. Calvez [mailto:xavier.calvez@icann.org]
Sent: Wednesday, June 22,
2016 10:43 AM
To: Schaefer, Brett; community-finance@icann.org;
cwg-stewardship@icann.org;
CCWG-Accountability
Cc: Executive Team; COMMS
Team; icann-board@icann.org; Finance
Staff
Subject: Re: [CCWG-ACCT]
IANA Stewardship Transition -
Project Expenses - FY16 Q3
update
Dear
all,
It
appears that the first link in my
email further below (detail of legal
fees by firm) does not resolve
correctly. Please use the below
instead.
https://www.icann.org/en/system/files/files/iana-stewardship-expenses-legal-firm-fy16-01jun16-en.pdf
Thank
you.
Best,
Xavier
Xavier
Calvez
ICANN
CFO
12025
Waterfront Drive, Suite 300
Los
Angeles, CA 90094
Office
: +1 (310) 301 5838
Mobile
: +1 (805) 312 0052
Fax
: +1 (310) 957-2348
From:
Xavier
Calvez <xavier.calvez@icann.org>
Date: Wednesday, June 22,
2016 at 1:01 PM
To: "Schaefer, Brett" <Brett.Schaefer@heritage.org>,
"community-finance@icann.org"
<community-finance@icann.org>,
"cwg-stewardship@icann.org"
<cwg-stewardship@icann.org>,
CCWG-Accountability <accountability-cross-community@icann.org>
Cc: Executive Team <executive-team@icann.org>,
COMMS Team <commsteam@icann.org>,
"icann-board@icann.org"
<icann-board@icann.org>,
Finance Staff <finance-staff@icann.org>
Subject: Re: [CCWG-ACCT]
IANA Stewardship Transition -
Project Expenses - FY16 Q3 update
Dear
Brett,
Thank
you for your interest and
question.
We
currently publish the list of
all vendors from whom ICANN
obtain services in relation to
the IANA Stewardship transition.
The $$ value of the services
received is aggregated by
category of expenses, which you
mention below (US Government
affairs,
Education/engagement/advice,…).
This presentation is driven by 2
factors: providing clarity as to
the type of services received,
and abiding by the contractual
obligation of confidentiality in
force with each of the vendors
(resulting from standard
business sensitive information).
We
do publish however the detail of
the legal advice, by firm and by
working group, on this same page
(see for example the link to the
report of fees by firm:
https://www.icann.org/en/system/files/files/iana-stewardship-expenses-legal-firm-fy16-01jun16-en.pdf).
You
will also find more information
relative to ICANN’s lobbying in
the following blog published a
few months ago. In this blog,
you will also find links to the
disclosure reports that ICANN
makes on lobbying activities.
https://www.icann.org/resources/pages/lobbying-disclosures-contributions-2015-11-18-en.
Lastly,
further information on lobbying
appears in ICANN’s form 990
(Schedule C, Part II-B. On page
33/73 of the FY15 form 990
published at the following
link):
https://www.icann.org/en/system/files/files/fy-2015-form-990-10may16-en.pdf
I
hope this helps. Please let me
know if you have further
questions.
Thank
you.
Best,
Xavier
Xavier
Calvez
ICANN
CFO
12025
Waterfront Drive, Suite
300
Los
Angeles, CA 90094
Office
: +1 (310) 301 5838
Mobile
: +1 (805) 312 0052
Fax
: +1 (310) 957-2348
From:
"Schaefer,
Brett" <Brett.Schaefer@heritage.org>
Date: Tuesday, June
21, 2016 at 9:54 PM
To: Xavier Calvez <xavier.calvez@icann.org>,
"community-finance@icann.org"
<community-finance@icann.org>,
"cwg-stewardship@icann.org"
<cwg-stewardship@icann.org>,
CCWG-Accountability <accountability-cross-community@icann.org>
Cc: Executive Team
<executive-team@icann.org>,
COMMS Team <commsteam@icann.org>,
"icann-board@icann.org"
<icann-board@icann.org>,
Finance Staff <finance-staff@icann.org>
Subject: RE:
[CCWG-ACCT] IANA Stewardship
Transition - Project Expenses
- FY16 Q3 update
Xavier,
Thank
you. Could you please
provide a more detailed
breakdown of legal advice,
US government affairs, and
educations/engagement/advice?
In each category, there are
multiple firms/vendors
listed (https://www.icann.org/en/system/files/files/iana-stewardship-expenses-professional-vendor-01jun16-en.pdf).
I would appreciate the
amount provided to each
individual vendor. If it is
provided somewhere, I would
appreciate you letting me
know where to find it.
Much
appreciated,
Brett
Brett
Schaefer
Jay Kingham Senior
Research Fellow in
International Regulatory
Affairs
Margaret Thatcher Center
for Freedom Davis
Institute for National
Security and Foreign
Policy
The
Heritage Foundation
214 Massachusetts Avenue, NE
Washington, DC 20002
202-608-6097
heritage.org
From:
accountability-cross-community-bounces@icann.org
[mailto:accountability-cross-community-bounces@icann.org]
On Behalf Of Xavier
J. Calvez
Sent: Saturday,
June 18, 2016 12:10 AM
To: community-finance@icann.org;
cwg-stewardship@icann.org;
CCWG-Accountability
Cc: Executive
Team; COMMS Team; icann-board@icann.org; Finance
Staff
Subject:
[CCWG-ACCT] IANA
Stewardship Transition -
Project Expenses - FY16
Q3 update
Dear
all,
You
find at the link below the
updated project’s expenses
as of FY16 Q3 (from July
2014 to March 2016). As
indicated a few months ago,
we have added new detailed
information on the staff
support with the individual
positions, names and
percentages of effort over
the period.
https://www.icann.org/resources/pages/iana-stewardship-project-costs
Thank
you.
Best,
Xavier
Xavier
Calvez
ICANN
CFO
12025
Waterfront Drive, Suite
300
Los
Angeles, CA 90094
Office
: +1 (310) 301 5838
Mobile
: +1 (805) 312 0052
Fax
: +1 (310) 957-2348
<iana-stewardship-expenses-professional-vendor-01jun16-en.pdf>
_______________________________________________
Accountability-Cross-Community mailing list
Accountability-Cross-Community@icann.org
https://mm.icann.org/mailman/listinfo/accountability-cross-community
_______________________________________________community-finance mailing list community-finance@icann.org https://mm.icann.org/mailman/listinfo/community-finance
correct Marilyn..
Ken
On 7/20/16 18:07, Marilyn Cade wrote:
Ken, Lori right.
but we are not asking for that kind of reporting. We are asking for something more factual and more about informing the community of ICANN, not just the IRS.
:-)
I think we want a bit more and a general sort of 'rule' of openness. So, if you accept a contract with ICANN, expect it to be known, just as the contracts to do a Review are, and state what you do for ICANN.
I respect ICANN having consultants, and hiring people to do awareness and engagement to explain the IANA transition, or fund travel for the Chairs of the CCWG, etc. to provide awareness, this is within, in my view, the role of the organization in fulfilling its mission.
So, I may be more flexible than some.
After all, I spend most of my business life trying to explain IG in developing countries, and trying to find funders to allow me to do that. :-) ICANN is not a client but in my view, as I do broader IG work, creating understanding about what ICANN does and does not do is real work. It is important and if we, the community, are not aware of its importance, then we misunderstand how we need to support ICANN, broadly, as awareness....
We are very fortunate to have this opportunity, as this will build the support needed for ICANN to be more internationalized.
I suspect we are all on the same page - mostly -- and thus, I hope we will ask for the facts and figures, and then focus on what is needed to continue to build support for the transition in the US, and well beyond.
M
From: kstubbs@afilias.info Subject: Re: [community-finance] [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update To: paul.rosenzweig@redbranchconsulting.com; marilynscade@hotmail.com; psc@vlaw-dc.com; brett.schaefer@heritage.org; xavier.calvez@icann.org CC: cwg-stewardship@icann.org; accountability-cross-community@icann.org; icann-board@icann.org; executive-team@icann.org; commsteam@icann.org; community-finance@icann.org; finance-staff@icann.org Date: Wed, 20 Jul 2016 11:37:05 -0400
I believe Lori is correct here. IRS requirements on disclosures are usually quite specific here
Ken Stubbs
On 7/20/16 10:32, Lori Schulman wrote:
I don’t believe that 501©3 orgs can consider any consulting fees confidential as the top fees are required to be reported on the 990. Lori Lori S. Schulman Senior Director, Internet Policy *International Trademark Association (INTA)* +1-202-704-0408, Skype: lsschulman *From:*accountability-cross-community-bounces@icann.org <mailto:accountability-cross-community-bounces@icann.org> [mailto:accountability-cross-community-bounces@icann.org] *On Behalf Of *Paul Rosenzweig *Sent:* Wednesday, July 20, 2016 10:16 AM *To:* 'Marilyn Cade' <marilynscade@hotmail.com> <mailto:marilynscade@hotmail.com>; 'Phil Corwin' <psc@vlaw-dc.com> <mailto:psc@vlaw-dc.com>; 'Schaefer, Brett' <brett.schaefer@heritage.org> <mailto:brett.schaefer@heritage.org>; 'Xavier J. Calvez' <xavier.calvez@icann.org> <mailto:xavier.calvez@icann.org> *Cc:* cwg-stewardship@icann.org <mailto:cwg-stewardship@icann.org>; 'CCWG-Accountability' <accountability-cross-community@icann.org> <mailto:accountability-cross-community@icann.org>; icann-board@icann.org <mailto:icann-board@icann.org>; 'Executive Team' <executive-team@icann.org> <mailto:executive-team@icann.org>; 'COMMS Team' <commsteam@icann.org> <mailto:commsteam@icann.org>; community-finance@icann.org <mailto:community-finance@icann.org>; 'Finance Staff' <finance-staff@icann.org> <mailto:finance-staff@icann.org> *Subject:* Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update I agree completely with Marilyn and Phil. I have been on both sides of non-disclosure agreements – both ones requested by me and ones requested by my clients. Typically, a client (in the position of ICANN) may request that a consultant sign an NDA so as to protect the confidentiality of its efforts or its intellectual property. Sometimes a consultant might have a proprietary methodology or process that they are using on behalf of the client that they wish to protect. Neither circumstance applies here that I can see. And in no case that I am aware of has a client ever asked me to keep confidential my fee … I don’t broadcast them, but I’m in the private sector. For ICANN, which is an NGO acting in the global public interest, I cannot see any reason at all why ICANN would want or agree to a confidentiality arrangement as to the size of the fee paid. Xavier – can you tell us what the rationale is? I may be missing something ….. Thanks Paul Paul Rosenzweig paul.rosenzweig@redbranchconsulting.com <mailto:paul.rosenzweig@redbranchconsulting.com> O: +1 (202) 547-0660 M: +1 (202) 329-9650 VOIP: +1 (202) 738-1739 www.redbranchconsulting.com <http://www.redbranchconsulting.com/> My PGP Key: http://redbranchconsulting.com/who-we-are/public-pgp-key/ __ *From:*accountability-cross-community-bounces@icann.org <mailto:accountability-cross-community-bounces@icann.org> [mailto:accountability-cross-community-bounces@icann.org] *On Behalf Of *Marilyn Cade *Sent:* Wednesday, July 20, 2016 9:05 AM *To:* Phil Corwin <psc@vlaw-dc.com <mailto:psc@vlaw-dc.com>>; Schaefer, Brett <brett.schaefer@heritage.org <mailto:brett.schaefer@heritage.org>>; Xavier J. Calvez <xavier.calvez@icann.org <mailto:xavier.calvez@icann.org>> *Cc:* cwg-stewardship@icann.org <mailto:cwg-stewardship@icann.org>; CCWG-Accountability <accountability-cross-community@icann.org <mailto:accountability-cross-community@icann.org>>; icann-board@icann.org <mailto:icann-board@icann.org>; Executive Team <executive-team@icann.org <mailto:executive-team@icann.org>>; COMMS Team <commsteam@icann.org <mailto:commsteam@icann.org>>; community-finance@icann.org <mailto:community-finance@icann.org>; Finance Staff <finance-staff@icann.org <mailto:finance-staff@icann.org>> *Subject:* Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update I support Phil's clarifying explanation. I also think that anyone who is in this category, should have to declare if they re also representing companies in a SO/AC. Or advising governments. In the BC, we do not allow an ICANN consultant to be a BC member, regardless of the amount, but if someone is a backdoor advisor to ICANN and also a group of entities, in a SO/AC, that would not be so obvious, but I think that for integrity sake, of course, any such entity would recuse themselves from advising companies, while also advising ICANN. And I would expect ICANN to disqualify such entities as their consultants. Thanks, Phil, for this useful clarification. M ------------------------------------------------------------------------ From: psc@vlaw-dc.com <mailto:psc@vlaw-dc.com> To: Brett.Schaefer@heritage.org <mailto:Brett.Schaefer@heritage.org>; xavier.calvez@icann.org <mailto:xavier.calvez@icann.org> Date: Wed, 20 Jul 2016 00:48:08 +0000 CC: cwg-stewardship@icann.org <mailto:cwg-stewardship@icann.org>; accountability-cross-community@icann.org <mailto:accountability-cross-community@icann.org>; icann-board@icann.org <mailto:icann-board@icann.org>; executive-team@icann.org <mailto:executive-team@icann.org>; commsteam@icann.org <mailto:commsteam@icann.org>; community-finance@icann.org <mailto:community-finance@icann.org>; finance-staff@icann.org <mailto:finance-staff@icann.org> Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update In the U.S. much of what used to be done by registered lobbyists is now performed by “strategic advisors” who walk right up to the line of what constitutes lobbying (and maybe a few inches over), and nonetheless facilitate door opening to key members of Congress and the Executive branch, and who “educate” rather than “lobby” members of both branches of government. So while the seven firms may not be engaged in what is considered lobbying under current U.S. law, they are still likely engaged in helping to assure officials outcomes desired by ICANN corporate. It is for that reason – as well as for the exercise of effective oversight over ICANN budgeting and expenditures – that the community should have more data on this. If ICANN is prohibited by its contracts with these firms from disclosing its expenditures that is unfortunate – and in the future I would hope that ICANN would tell any firms being considered for such duties that its own transparency obligations to the community preclude it from agreeing to such restrictions (I’d wager that the majority of the firms would waive confidentiality rather than lose the contract). At a minimum, ICANN should disclose the aggregate amounts spent with these seven firms since they were engaged – surely their contracts don’t bar such aggregate reporting. *Philip S. Corwin, Founding Principal* *Virtualaw LLC* *1155 F Street, NW* *Suite 1050* *Washington, DC 20004* *202-559-8597/Direct* *202-559-8750/Fax* *202-255-6172/Cell* ** *Twitter: @VlawDC* */"Luck is the residue of design" -- Branch Rickey/* *From:*accountability-cross-community-bounces@icann.org <mailto:accountability-cross-community-bounces@icann.org> [mailto:accountability-cross-community-bounces@icann.org] *On Behalf Of *Schaefer, Brett *Sent:* Tuesday, July 19, 2016 1:04 PM *To:* Xavier J. Calvez *Cc:* cwg-stewardship@icann.org <mailto:cwg-stewardship@icann.org>; CCWG-Accountability; icann-board@icann.org <mailto:icann-board@icann.org>; Executive Team; COMMS Team; community-finance@icann.org <mailto:community-finance@icann.org>; Finance Staff *Subject:* Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update Xavier, Are you saying that ICANN’s contracts for Education/Engagement/Advice with (1) Albright Stonebridge Group LLC, (2) Edelman, (3) Interface Media, (4) Rice Hadley Gates LLC, (5) Summit Strategies International LLC, (6) WBC Global, and (7) Wiley Rein LLP each contain confidentiality provisions that prohibit ICANN from disclosing the specific amount paid to each of these individual vendors? Does this only apply to the CCWG and the public or does it also apply to other parts of the ICANN community, specifically the Supporting Organizations and Advisory Committees? Thank you for the link on lobbying disclosures. For those who are interested, here are ICANN’s lobbying expenditures based on the disclosure website of the U.S. Congress. I do have a couple of additional questions. Would this source capture lobbying exclusively directed toward the US Executive Branch? Has ICANN spent any funds during this period lobbying governments other than the US? Thank you, Brett ------------------------------------------------------------------------ *Brett* *Schaefer*/ Jay Kingham Senior Research Fellow in International Regulatory Affairs Margaret Thatcher Center for Freedom Davis Institute for National Security and Foreign Policy/ The Heritage Foundation 214 Massachusetts Avenue, NE Washington, DC 20002 202-608-6097 heritage.org <http://heritage.org/> *From:*Xavier J. Calvez [mailto:xavier.calvez@icann.org] *Sent:* Monday, July 18, 2016 6:30 PM *To:* Schaefer, Brett *Cc:* community-finance@icann.org <mailto:community-finance@icann.org>; cwg-stewardship@icann.org <mailto:cwg-stewardship@icann.org>; CCWG-Accountability; Executive Team; COMMS Team; icann-board@icann.org <mailto:icann-board@icann.org>; Finance Staff *Subject:* Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update Brett, Yes, the information I provided in my latest email had been included in some previous communication. I just wanted to make sure you had a clear visibility on this information, which provides for (i) categories of expenses, (ii) the individual names of the vendors grouped for each category, and (iii) the total value of the expenses for each category. With respect to the contractual obligations of confidentiality in commercial contracts, ICANN is subject to them, like all business organizations. That said, we disclose what we can consistent with standard business confidentiality provisions in vendor contracts. We cannot disclose the specific amount of spend with each vendor but we were able to disclose the names of the service providers engaged. Regarding the lobbying expenses, as you are aware, both organizations that hire lobbyists and firms that lobby on behalf of organizations are required under U.S. federal law to file lobbying disclosure reports. In addition to ICANN’s quarterly lobbying disclosures posted on our website, you can find the amounts ICANN has paid to individual outside lobbying firms at http://disclosures.house.gov/ld/ldsearch.aspx. I hope this helps and clarifies. Thank you. Best, Xavier Xavier Calvez ICANN CFO 12025 Waterfront Drive, Suite 300 Los Angeles, CA 90094 Office : +1 (310) 301 5838 Mobile : +1 (805) 312 0052 Fax : +1 (310) 957-2348 *From: *"Schaefer, Brett" <Brett.Schaefer@heritage.org <mailto:Brett.Schaefer@heritage.org>> *Date: *Thursday, July 14, 2016 at 7:07 AM *To: *Xavier Calvez <xavier.calvez@icann.org <mailto:xavier.calvez@icann.org>> *Cc: *"community-finance@icann.org <mailto:community-finance@icann.org>" <community-finance@icann.org <mailto:community-finance@icann.org>>, "cwg-stewardship@icann.org <mailto:cwg-stewardship@icann.org>" <cwg-stewardship@icann.org <mailto:cwg-stewardship@icann.org>>, CCWG-Accountability <accountability-cross-community@icann.org <mailto:accountability-cross-community@icann.org>>, Executive Team <executive-team@icann.org <mailto:executive-team@icann.org>>, COMMS Team <commsteam@icann.org <mailto:commsteam@icann.org>>, "icann-board@icann.org <mailto:icann-board@icann.org>" <icann-board@icann.org <mailto:icann-board@icann.org>>, Finance Staff <finance-staff@icann.org <mailto:finance-staff@icann.org>> *Subject: *Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update Xavier, This is pretty much the same information that was provided before. I am asking for a breakdown of how much was paid to each vender in the lobbying category (Akin Gump, etc.) and the education/engagement/advice category (Albright Stoneridge, etc.). Thank you, Brett On Jul 13, 2016, at 8:13 PM, Xavier J. Calvez <xavier.calvez@icann.org <mailto:xavier.calvez@icann.org>> wrote: Dear Brett, In response to your question listed below on 22 June: the detailed information provided on Other professional fees (other than legal fees, detailed in a separate section of the “Transition project cost” expense webpage, on the IANA Stewardship Transition webpage) can be found in the section called “Professional Services – Expenses Breakdown”. Within this section, you will find a link to a document that provides the list of Professional Services (other than legal fees) incurred, by category, with the names of the vendors, and the total amount of expenditures for the category. This link is copied below and was provided in my first answer to your question. I have also attached the file to which this link refers in case the link would not work for you. https://www.icann.org/en/system/files/files/iana-stewardship-expenses-professional-vendor-01jun16-en.pdf If this not addressing your question, please let me know. Thank you. Best, Xavier Xavier Calvez ICANN CFO 12025 Waterfront Drive, Suite 300 Los Angeles, CA 90094 Office : +1 (310) 301 5838 Mobile : +1 (805) 312 0052 Fax : +1 (310) 957-2348 ------------------------------------------------------------------------ *Brett* *Schaefer*/ Jay Kingham Senior Research Fellow in International Regulatory Affairs Margaret Thatcher Center for Freedom Davis Institute for National Security and Foreign Policy/ The Heritage Foundation 214 Massachusetts Avenue, NE Washington, DC 20002 202-608-6097 heritage.org <http://heritage.org/> *From: *Xavier Calvez <xavier.calvez@icann.org <mailto:xavier.calvez@icann.org>> *Date: *Tuesday, July 12, 2016 at 9:45 AM *To: *"Schaefer, Brett" <Brett.Schaefer@heritage.org <mailto:Brett.Schaefer@heritage.org>>, "community-finance@icann.org <mailto:community-finance@icann.org>" <community-finance@icann.org <mailto:community-finance@icann.org>>, "cwg-stewardship@icann.org <mailto:cwg-stewardship@icann.org>" <cwg-stewardship@icann.org <mailto:cwg-stewardship@icann.org>>, CCWG-Accountability <accountability-cross-community@icann.org <mailto:accountability-cross-community@icann.org>> *Cc: *Executive Team <executive-team@icann.org <mailto:executive-team@icann.org>>, COMMS Team <commsteam@icann.org <mailto:commsteam@icann.org>>, "icann-board@icann.org <mailto:icann-board@icann.org>" <icann-board@icann.org <mailto:icann-board@icann.org>>, Finance Staff <finance-staff@icann.org <mailto:finance-staff@icann.org>> *Subject: *Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update Brett, Thank you for following up. I will make sure to respond no later than the end of this week. Thank you. Best, Xavier Xavier Calvez ICANN CFO 12025 Waterfront Drive, Suite 300 Los Angeles, CA 90094 Office : +1 (310) 301 5838 Mobile : +1 (805) 312 0052 Fax : +1 (310) 957-2348 *From: *"Schaefer, Brett" <Brett.Schaefer@heritage.org <mailto:Brett.Schaefer@heritage.org>> *Date: *Tuesday, July 12, 2016 at 11:38 AM *To: *Xavier Calvez <xavier.calvez@icann.org <mailto:xavier.calvez@icann.org>>, "community-finance@icann.org <mailto:community-finance@icann.org>" <community-finance@icann.org <mailto:community-finance@icann.org>>, "cwg-stewardship@icann.org <mailto:cwg-stewardship@icann.org>" <cwg-stewardship@icann.org <mailto:cwg-stewardship@icann.org>>, CCWG-Accountability <accountability-cross-community@icann.org <mailto:accountability-cross-community@icann.org>> *Cc: *Executive Team <executive-team@icann.org <mailto:executive-team@icann.org>>, COMMS Team <commsteam@icann.org <mailto:commsteam@icann.org>>, "icann-board@icann.org <mailto:icann-board@icann.org>" <icann-board@icann.org <mailto:icann-board@icann.org>>, Finance Staff <finance-staff@icann.org <mailto:finance-staff@icann.org>> *Subject: *RE: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update Xavier, Thanks for promising to get this information to me in Helsinki. Do you have an estimate for when it will be provided? Thanks, Brett ------------------------------------------------------------------------ *Brett* *Schaefer*/ Jay Kingham Senior Research Fellow in International Regulatory Affairs Margaret Thatcher Center for Freedom Davis Institute for National Security and Foreign Policy/ The Heritage Foundation 214 Massachusetts Avenue, NE Washington, DC 20002 202-608-6097 heritage.org <http://heritage.org/> *From:*Schaefer, Brett *Sent:* Wednesday, June 22, 2016 2:39 PM *To:* 'Xavier J. Calvez'; community-finance@icann.org <mailto:community-finance@icann.org>; cwg-stewardship@icann.org <mailto:cwg-stewardship@icann.org>; CCWG-Accountability *Cc:* Executive Team; COMMS Team; icann-board@icann.org <mailto:icann-board@icann.org>; Finance Staff *Subject:* RE: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update Xavier, I appreciate the detailed breakdown on the legal fees That is indeed what I was looking for though I would think it useful to have the totals provided in the summary document. However, I did not see similar information for lobbying or education/ engagement/advice in the links provided. In fact, the only specific information that I saw listed is for Jamie Hedlund at $200,000. No information on other individual firms or vendors is listed at all – only the top line budget expenditure in the summary document link originally sent around. Could you provide that information? Thanks, Brett *From:*Xavier J. Calvez [mailto:xavier.calvez@icann.org] *Sent:* Wednesday, June 22, 2016 10:43 AM *To:* Schaefer, Brett; community-finance@icann.org <mailto:community-finance@icann.org>; cwg-stewardship@icann.org <mailto:cwg-stewardship@icann.org>; CCWG-Accountability *Cc:* Executive Team; COMMS Team; icann-board@icann.org <mailto:icann-board@icann.org>; Finance Staff *Subject:* Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update Dear all, It appears that the first link in my email further below (detail of legal fees by firm) does not resolve correctly. Please use the below instead. https://www.icann.org/en/system/files/files/iana-stewardship-expenses-legal-firm-fy16-01jun16-en.pdf Thank you. Best, Xavier Xavier Calvez ICANN CFO 12025 Waterfront Drive, Suite 300 Los Angeles, CA 90094 Office : +1 (310) 301 5838 Mobile : +1 (805) 312 0052 Fax : +1 (310) 957-2348 *From: *Xavier Calvez <xavier.calvez@icann.org <mailto:xavier.calvez@icann.org>> *Date: *Wednesday, June 22, 2016 at 1:01 PM *To: *"Schaefer, Brett" <Brett.Schaefer@heritage.org <mailto:Brett.Schaefer@heritage.org>>, "community-finance@icann.org <mailto:community-finance@icann.org>" <community-finance@icann.org <mailto:community-finance@icann.org>>, "cwg-stewardship@icann.org <mailto:cwg-stewardship@icann.org>" <cwg-stewardship@icann.org <mailto:cwg-stewardship@icann.org>>, CCWG-Accountability <accountability-cross-community@icann.org <mailto:accountability-cross-community@icann.org>> *Cc: *Executive Team <executive-team@icann.org <mailto:executive-team@icann.org>>, COMMS Team <commsteam@icann.org <mailto:commsteam@icann.org>>, "icann-board@icann.org <mailto:icann-board@icann.org>" <icann-board@icann.org <mailto:icann-board@icann.org>>, Finance Staff <finance-staff@icann.org <mailto:finance-staff@icann.org>> *Subject: *Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update Dear Brett, Thank you for your interest and question. We currently publish the list of all vendors from whom ICANN obtain services in relation to the IANA Stewardship transition. The $$ value of the services received is aggregated by category of expenses, which you mention below (US Government affairs, Education/engagement/advice,…). This presentation is driven by 2 factors: providing clarity as to the type of services received, and abiding by the contractual obligation of confidentiality in force with each of the vendors (resulting from standard business sensitive information). We do publish however the detail of the legal advice, by firm and by working group, on this same page (see for example the link to the report of fees by firm: _https://www.icann.org/en/system/files/files/iana-stewardship-expenses-legal-firm-fy16-01jun16-en.pdf) <https://www.icann.org/en/system/files/files/iana-stewardship-expenses-legal-firm-fy16-01jun16-en.pdf%29>_. You will also find more information relative to ICANN’s lobbying in the following blog published a few months ago. In this blog, you will also find links to the disclosure reports that ICANN makes on lobbying activities. _https://www.icann.org/resources/pages/lobbying-disclosures-contributions-2015-11-18-en._ Lastly, further information on lobbying appears in ICANN’s form 990 (Schedule C, Part II-B. On page 33/73 of the FY15 form 990 published at the following link): https://www.icann.org/en/system/files/files/fy-2015-form-990-10may16-en.pdf I hope this helps. Please let me know if you have further questions. Thank you. Best, Xavier Xavier Calvez ICANN CFO 12025 Waterfront Drive, Suite 300 Los Angeles, CA 90094 Office : +1 (310) 301 5838 Mobile : +1 (805) 312 0052 Fax : +1 (310) 957-2348 *From: *"Schaefer, Brett" <Brett.Schaefer@heritage.org <mailto:Brett.Schaefer@heritage.org>> *Date: *Tuesday, June 21, 2016 at 9:54 PM *To: *Xavier Calvez <xavier.calvez@icann.org <mailto:xavier.calvez@icann.org>>, "community-finance@icann.org <mailto:community-finance@icann.org>" <community-finance@icann.org <mailto:community-finance@icann.org>>, "cwg-stewardship@icann.org <mailto:cwg-stewardship@icann.org>" <cwg-stewardship@icann.org <mailto:cwg-stewardship@icann.org>>, CCWG-Accountability <accountability-cross-community@icann.org <mailto:accountability-cross-community@icann.org>> *Cc: *Executive Team <executive-team@icann.org <mailto:executive-team@icann.org>>, COMMS Team <commsteam@icann.org <mailto:commsteam@icann.org>>, "icann-board@icann.org <mailto:icann-board@icann.org>" <icann-board@icann.org <mailto:icann-board@icann.org>>, Finance Staff <finance-staff@icann.org <mailto:finance-staff@icann.org>> *Subject: *RE: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update Xavier, Thank you. Could you please provide a more detailed breakdown of legal advice, US government affairs, and educations/engagement/advice? In each category, there are multiple firms/vendors listed (https://www.icann.org/en/system/files/files/iana-stewardship-expenses-professional-vendor-01jun16-en.pdf). I would appreciate the amount provided to each individual vendor. If it is provided somewhere, I would appreciate you letting me know where to find it. Much appreciated, Brett ------------------------------------------------------------------------ *Brett* *Schaefer*/ Jay Kingham Senior Research Fellow in International Regulatory Affairs Margaret Thatcher Center for Freedom Davis Institute for National Security and Foreign Policy/ The Heritage Foundation 214 Massachusetts Avenue, NE Washington, DC 20002 202-608-6097 heritage.org <http://heritage.org/> *From:*accountability-cross-community-bounces@icann.org <mailto:accountability-cross-community-bounces@icann.org> [mailto:accountability-cross-community-bounces@icann.org] *On Behalf Of *Xavier J. Calvez *Sent:* Saturday, June 18, 2016 12:10 AM *To:* community-finance@icann.org <mailto:community-finance@icann.org>; cwg-stewardship@icann.org <mailto:cwg-stewardship@icann.org>; CCWG-Accountability *Cc:* Executive Team; COMMS Team; icann-board@icann.org <mailto:icann-board@icann.org>; Finance Staff *Subject:* [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update Dear all, You find at the link below the updated project’s expenses as of FY16 Q3 (from July 2014 to March 2016). As indicated a few months ago, we have added new detailed information on the staff support with the individual positions, names and percentages of effort over the period. _https://www.icann.org/resources/pages/iana-stewardship-project-costs_ Thank you. Best, Xavier Xavier Calvez ICANN CFO 12025 Waterfront Drive, Suite 300 Los Angeles, CA 90094 Office : +1 (310) 301 5838 Mobile : +1 (805) 312 0052 Fax : +1 (310) 957-2348 <iana-stewardship-expenses-professional-vendor-01jun16-en.pdf> _______________________________________________ Accountability-Cross-Community mailing list Accountability-Cross-Community@icann.org <mailto:Accountability-Cross-Community@icann.org> https://mm.icann.org/mailman/listinfo/accountability-cross-community _______________________________________________ community-finance mailing list community-finance@icann.org <mailto:community-finance@icann.org> https://mm.icann.org/mailman/listinfo/community-finance
Ken, Loriright. but we are not asking for that kind of reporting. We are asking for something more factual and more about informing the community of ICANN, not just the IRS. :-) I think we want a bit more and a general sort of 'rule' of openness. So, if you accept a contract with ICANN, expect it to be known, just as the contracts to do a Review are, and state what you do for ICANN. I respect ICANN having consultants, and hiring people to do awareness and engagement to explain the IANA transition, or fund travel for the Chairs of the CCWG, etc. to provide awareness, this is within, in my view, the role of the organization in fulfilling its mission. So, I may be more flexible than some. After all, I spend most of my business life trying to explain IG in developing countries, and trying to find funders to allow me to do that. :-) ICANN is not a client but in my view, as I do broader IG work, creating understanding about what ICANN does and does not do is real work. It is important and if we, the community, are not aware of its importance, then we misunderstand how we need to support ICANN, broadly, as awareness.... We are very fortunate to have this opportunity, as this will build the support needed for ICANN to be more internationalized. I suspect we are all on the same page - mostly -- and thus, I hope we will ask for the facts and figures, and then focus on what is needed to continue to build support for the transition in the US, and well beyond. M
From: kstubbs@afilias.info Subject: Re: [community-finance] [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update To: paul.rosenzweig@redbranchconsulting.com; marilynscade@hotmail.com; psc@vlaw-dc.com; brett.schaefer@heritage.org; xavier.calvez@icann.org CC: cwg-stewardship@icann.org; accountability-cross-community@icann.org; icann-board@icann.org; executive-team@icann.org; commsteam@icann.org; community-finance@icann.org; finance-staff@icann.org Date: Wed, 20 Jul 2016 11:37:05 -0400
I believe Lori is correct here. IRS requirements
on disclosures are
usually quite specific here
Ken Stubbs
On 7/20/16 10:32, Lori Schulman wrote:
I
don’t believe that 501©3 orgs can consider any consulting
fees confidential as the top fees are required to be
reported on the 990.
Lori
Lori
S. Schulman
Senior
Director, Internet Policy
International
Trademark Association (INTA)
+1-202-704-0408,
Skype: lsschulman
From:
accountability-cross-community-bounces@icann.org
[mailto:accountability-cross-community-bounces@icann.org]
On Behalf Of Paul Rosenzweig
Sent: Wednesday, July 20, 2016 10:16 AM
To: 'Marilyn Cade'
<marilynscade@hotmail.com>; 'Phil Corwin'
<psc@vlaw-dc.com>; 'Schaefer, Brett'
<brett.schaefer@heritage.org>; 'Xavier J. Calvez'
<xavier.calvez@icann.org>
Cc: cwg-stewardship@icann.org;
'CCWG-Accountability'
<accountability-cross-community@icann.org>;
icann-board@icann.org; 'Executive Team'
<executive-team@icann.org>; 'COMMS Team'
<commsteam@icann.org>;
community-finance@icann.org; 'Finance Staff'
<finance-staff@icann.org>
Subject: Re: [CCWG-ACCT] IANA Stewardship
Transition - Project Expenses - FY16 Q3 update
I
agree completely with Marilyn and Phil. I have been on both
sides of non-disclosure agreements – both ones requested by
me and ones requested by my clients. Typically, a client
(in the position of ICANN) may request that a consultant
sign an NDA so as to protect the confidentiality of its
efforts or its intellectual property. Sometimes a
consultant might have a proprietary methodology or process
that they are using on behalf of the client that they wish
to protect.
Neither
circumstance applies here that I can see. And in no case
that I am aware of has a client ever asked me to keep
confidential my fee … I don’t broadcast them, but I’m in
the private sector. For ICANN, which is an NGO acting in
the global public interest, I cannot see any reason at all
why ICANN would want or agree to a confidentiality
arrangement as to the size of the fee paid.
Xavier
– can you tell us what the rationale is? I may be missing
something …..
Thanks
Paul
Paul
Rosenzweig
paul.rosenzweig@redbranchconsulting.com
O:
+1 (202) 547-0660
M:
+1 (202) 329-9650
VOIP:
+1 (202) 738-1739
www.redbranchconsulting.com
My
PGP Key:
http://redbranchconsulting.com/who-we-are/public-pgp-key/
From:
accountability-cross-community-bounces@icann.org
[mailto:accountability-cross-community-bounces@icann.org]
On Behalf Of Marilyn Cade
Sent: Wednesday, July 20, 2016 9:05 AM
To: Phil Corwin <psc@vlaw-dc.com>;
Schaefer, Brett <brett.schaefer@heritage.org>;
Xavier J. Calvez <xavier.calvez@icann.org>
Cc: cwg-stewardship@icann.org;
CCWG-Accountability <accountability-cross-community@icann.org>;
icann-board@icann.org;
Executive Team <executive-team@icann.org>;
COMMS Team <commsteam@icann.org>;
community-finance@icann.org;
Finance Staff <finance-staff@icann.org>
Subject: Re: [CCWG-ACCT] IANA Stewardship
Transition - Project Expenses - FY16 Q3 update
I
support Phil's clarifying explanation.
I
also think that anyone who is in this category, should
have to declare if they re also representing companies
in a SO/AC.
Or
advising governments.
In
the BC, we do not allow an ICANN consultant to be a BC
member, regardless of the amount, but if someone is a
backdoor advisor to ICANN and also a group of entities,
in a SO/AC, that would not be so obvious, but I think
that for integrity sake, of course, any such entity
would recuse themselves from advising companies, while
also advising ICANN.
And I
would expect ICANN to disqualify such entities as their
consultants.
Thanks,
Phil, for this useful clarification.
M
From:
psc@vlaw-dc.com
To: Brett.Schaefer@heritage.org;
xavier.calvez@icann.org
Date: Wed, 20 Jul 2016 00:48:08 +0000
CC: cwg-stewardship@icann.org;
accountability-cross-community@icann.org;
icann-board@icann.org; executive-team@icann.org;
commsteam@icann.org;
community-finance@icann.org; finance-staff@icann.org
Subject: Re: [CCWG-ACCT] IANA Stewardship Transition -
Project Expenses - FY16 Q3 update
In
the U.S. much of what used to be done by registered
lobbyists is now performed by “strategic advisors”
who walk right up to the line of what constitutes
lobbying (and maybe a few inches over), and
nonetheless facilitate door opening to key members
of Congress and the Executive branch, and who
“educate” rather than “lobby” members of both
branches of government. So while the seven firms may
not be engaged in what is considered lobbying under
current U.S. law, they are still likely engaged in
helping to assure officials outcomes desired by
ICANN corporate.
It
is for that reason – as well as for the exercise of
effective oversight over ICANN budgeting and
expenditures – that the community should have more
data on this. If ICANN is prohibited by its
contracts with these firms from disclosing its
expenditures that is unfortunate – and in the future
I would hope that ICANN would tell any firms being
considered for such duties that its own transparency
obligations to the community preclude it from
agreeing to such restrictions (I’d wager that the
majority of the firms would waive confidentiality
rather than lose the contract).
At
a minimum, ICANN should disclose the aggregate
amounts spent with these seven firms since they were
engaged – surely their contracts don’t bar such
aggregate reporting.
Philip
S. Corwin, Founding Principal
Virtualaw
LLC
1155
F Street, NW
Suite
1050
Washington,
DC 20004
202-559-8597/Direct
202-559-8750/Fax
202-255-6172/Cell
Twitter:
@VlawDC
"Luck
is the residue of design" -- Branch Rickey
From:
accountability-cross-community-bounces@icann.org
[mailto:accountability-cross-community-bounces@icann.org]
On Behalf Of Schaefer, Brett
Sent: Tuesday, July 19, 2016 1:04 PM
To: Xavier J. Calvez
Cc: cwg-stewardship@icann.org;
CCWG-Accountability;
icann-board@icann.org;
Executive Team; COMMS Team;
community-finance@icann.org;
Finance Staff
Subject: Re: [CCWG-ACCT] IANA Stewardship
Transition - Project Expenses - FY16 Q3 update
Xavier,
Are
you saying that ICANN’s contracts for
Education/Engagement/Advice with (1) Albright
Stonebridge Group LLC, (2) Edelman, (3) Interface
Media, (4) Rice Hadley Gates LLC, (5) Summit
Strategies International LLC, (6) WBC Global, and
(7) Wiley Rein LLP each contain confidentiality
provisions that prohibit ICANN from disclosing the
specific amount paid to each of these individual
vendors?
Does
this only apply to the CCWG and the public or does
it also apply to other parts of the ICANN community,
specifically the Supporting Organizations and
Advisory Committees?
Thank
you for the link on lobbying disclosures. For those
who are interested, here are ICANN’s lobbying
expenditures based on the disclosure website of the
U.S. Congress.
I
do have a couple of additional questions. Would this
source capture lobbying exclusively directed toward
the US Executive Branch? Has ICANN spent any funds
during this period lobbying governments other than
the US?
Thank
you,
Brett
Brett
Schaefer
Jay Kingham Senior Research Fellow in
International Regulatory Affairs
Margaret Thatcher Center for Freedom Davis
Institute for National Security and Foreign Policy
The
Heritage Foundation
214 Massachusetts Avenue, NE
Washington, DC 20002
202-608-6097
heritage.org
From:
Xavier J. Calvez [mailto:xavier.calvez@icann.org]
Sent: Monday, July 18, 2016 6:30 PM
To: Schaefer, Brett
Cc: community-finance@icann.org;
cwg-stewardship@icann.org;
CCWG-Accountability; Executive Team; COMMS Team;
icann-board@icann.org;
Finance Staff
Subject: Re: [CCWG-ACCT] IANA Stewardship
Transition - Project Expenses - FY16 Q3 update
Brett,
Yes,
the information I provided in my latest email had
been included in some previous communication. I just
wanted to make sure you had a clear visibility on
this information, which provides for (i) categories
of expenses, (ii) the individual names of the
vendors grouped for each category, and (iii) the
total value of the expenses for each category.
With
respect to the contractual obligations of
confidentiality in commercial contracts, ICANN is
subject to them, like all business organizations.
That said, we disclose what we can consistent with
standard business confidentiality provisions in
vendor contracts. We cannot disclose the specific
amount of spend with each vendor but we were able to
disclose the names of the service providers engaged.
Regarding
the lobbying expenses, as you are aware, both
organizations that hire lobbyists and firms that
lobby on behalf of organizations are required under
U.S. federal law to file lobbying disclosure
reports. In addition to ICANN’s quarterly lobbying
disclosures posted on our website, you can find the
amounts ICANN has paid to individual outside
lobbying firms at
http://disclosures.house.gov/ld/ldsearch.aspx.
I
hope this helps and clarifies.
Thank
you.
Best,
Xavier
Xavier
Calvez
ICANN
CFO
12025
Waterfront Drive, Suite 300
Los
Angeles, CA 90094
Office
: +1 (310) 301 5838
Mobile
: +1 (805) 312 0052
Fax
: +1 (310) 957-2348
From:
"Schaefer,
Brett" <Brett.Schaefer@heritage.org>
Date: Thursday, July 14, 2016 at 7:07 AM
To: Xavier Calvez <xavier.calvez@icann.org>
Cc: "community-finance@icann.org"
<community-finance@icann.org>,
"cwg-stewardship@icann.org"
<cwg-stewardship@icann.org>,
CCWG-Accountability <accountability-cross-community@icann.org>,
Executive Team <executive-team@icann.org>,
COMMS Team <commsteam@icann.org>,
"icann-board@icann.org"
<icann-board@icann.org>,
Finance Staff <finance-staff@icann.org>
Subject: Re: [CCWG-ACCT] IANA Stewardship
Transition - Project Expenses - FY16 Q3 update
Xavier,
This
is pretty much the same information that was
provided before. I am asking for a breakdown
of how much was paid to each vender in the
lobbying category (Akin Gump, etc.) and the
education/engagement/advice category
(Albright Stoneridge, etc.).
Thank
you,
Brett
On Jul 13, 2016, at 8:13 PM, Xavier J. Calvez
<xavier.calvez@icann.org>
wrote:
Dear
Brett,
In
response to your question listed below on 22
June: the detailed information provided on
Other professional fees (other than legal
fees, detailed in a separate section of the
“Transition project cost” expense webpage,
on the IANA Stewardship Transition webpage)
can be found in the section called “Professional
Services – Expenses Breakdown”.
Within this section, you will find a link to
a document that provides the list of
Professional Services (other than legal
fees) incurred, by category, with the names
of the vendors, and the total amount of
expenditures for the category.
This
link is copied below and was provided in my
first answer to your question. I have also
attached the file to which this link refers
in case the link would not work for you.
https://www.icann.org/en/system/files/files/iana-stewardship-expenses-professional-vendor-01jun16-en.pdf
If
this not addressing your question, please
let me know.
Thank
you.
Best,
Xavier
Xavier
Calvez
ICANN
CFO
12025
Waterfront Drive, Suite 300
Los
Angeles, CA 90094
Office
: +1 (310) 301 5838
Mobile
: +1 (805) 312 0052
Fax
: +1 (310) 957-2348
Brett
Schaefer
Jay Kingham Senior Research Fellow in
International Regulatory Affairs
Margaret Thatcher Center for Freedom Davis
Institute for National Security and Foreign
Policy
The
Heritage Foundation
214 Massachusetts Avenue, NE
Washington, DC 20002
202-608-6097
heritage.org
From:
Xavier
Calvez <xavier.calvez@icann.org>
Date: Tuesday, July 12, 2016 at
9:45 AM
To: "Schaefer, Brett" <Brett.Schaefer@heritage.org>,
"community-finance@icann.org"
<community-finance@icann.org>,
"cwg-stewardship@icann.org"
<cwg-stewardship@icann.org>,
CCWG-Accountability <accountability-cross-community@icann.org>
Cc: Executive Team <executive-team@icann.org>,
COMMS Team <commsteam@icann.org>,
"icann-board@icann.org"
<icann-board@icann.org>,
Finance Staff <finance-staff@icann.org>
Subject: Re: [CCWG-ACCT] IANA
Stewardship Transition - Project Expenses
- FY16 Q3 update
Brett,
Thank
you for following up.
I
will make sure to respond no later than
the end of this week.
Thank
you.
Best,
Xavier
Xavier
Calvez
ICANN
CFO
12025
Waterfront Drive, Suite 300
Los
Angeles, CA 90094
Office
: +1 (310) 301 5838
Mobile
: +1 (805) 312 0052
Fax
: +1 (310) 957-2348
From:
"Schaefer,
Brett" <Brett.Schaefer@heritage.org>
Date: Tuesday, July 12, 2016
at 11:38 AM
To: Xavier Calvez <xavier.calvez@icann.org>,
"community-finance@icann.org"
<community-finance@icann.org>,
"cwg-stewardship@icann.org"
<cwg-stewardship@icann.org>,
CCWG-Accountability <accountability-cross-community@icann.org>
Cc: Executive Team <executive-team@icann.org>,
COMMS Team <commsteam@icann.org>,
"icann-board@icann.org"
<icann-board@icann.org>,
Finance Staff <finance-staff@icann.org>
Subject: RE: [CCWG-ACCT] IANA
Stewardship Transition - Project
Expenses - FY16 Q3 update
Xavier,
Thanks
for promising to get this
information to me in Helsinki. Do
you have an estimate for when it
will be provided?
Thanks,
Brett
Brett
Schaefer
Jay Kingham Senior Research Fellow
in International Regulatory
Affairs
Margaret Thatcher Center for
Freedom Davis Institute for
National Security and Foreign
Policy
The
Heritage Foundation
214 Massachusetts Avenue, NE
Washington, DC 20002
202-608-6097
heritage.org
From:
Schaefer, Brett
Sent: Wednesday, June 22,
2016 2:39 PM
To: 'Xavier J. Calvez'; community-finance@icann.org;
cwg-stewardship@icann.org;
CCWG-Accountability
Cc: Executive Team; COMMS
Team; icann-board@icann.org; Finance
Staff
Subject: RE: [CCWG-ACCT]
IANA Stewardship Transition -
Project Expenses - FY16 Q3
update
Xavier,
I
appreciate the detailed breakdown on
the legal fees That is indeed what I
was looking for though I would think
it useful to have the totals
provided in the summary document.
However,
I did not see similar information
for lobbying or education/
engagement/advice in the links
provided. In fact, the only specific
information that I saw listed is for
Jamie Hedlund at $200,000. No
information on other individual
firms or vendors is listed at all –
only the top line budget expenditure
in the summary document link
originally sent around.
Could
you provide that information?
Thanks,
Brett
From:
Xavier J. Calvez [mailto:xavier.calvez@icann.org]
Sent: Wednesday, June 22,
2016 10:43 AM
To: Schaefer, Brett; community-finance@icann.org;
cwg-stewardship@icann.org;
CCWG-Accountability
Cc: Executive Team; COMMS
Team; icann-board@icann.org; Finance
Staff
Subject: Re: [CCWG-ACCT]
IANA Stewardship Transition -
Project Expenses - FY16 Q3
update
Dear
all,
It
appears that the first link in my
email further below (detail of legal
fees by firm) does not resolve
correctly. Please use the below
instead.
https://www.icann.org/en/system/files/files/iana-stewardship-expenses-legal-firm-fy16-01jun16-en.pdf
Thank
you.
Best,
Xavier
Xavier
Calvez
ICANN
CFO
12025
Waterfront Drive, Suite 300
Los
Angeles, CA 90094
Office
: +1 (310) 301 5838
Mobile
: +1 (805) 312 0052
Fax
: +1 (310) 957-2348
From:
Xavier
Calvez <xavier.calvez@icann.org>
Date: Wednesday, June 22,
2016 at 1:01 PM
To: "Schaefer, Brett" <Brett.Schaefer@heritage.org>,
"community-finance@icann.org"
<community-finance@icann.org>,
"cwg-stewardship@icann.org"
<cwg-stewardship@icann.org>,
CCWG-Accountability <accountability-cross-community@icann.org>
Cc: Executive Team <executive-team@icann.org>,
COMMS Team <commsteam@icann.org>,
"icann-board@icann.org"
<icann-board@icann.org>,
Finance Staff <finance-staff@icann.org>
Subject: Re: [CCWG-ACCT]
IANA Stewardship Transition -
Project Expenses - FY16 Q3 update
Dear
Brett,
Thank
you for your interest and
question.
We
currently publish the list of
all vendors from whom ICANN
obtain services in relation to
the IANA Stewardship transition.
The $$ value of the services
received is aggregated by
category of expenses, which you
mention below (US Government
affairs,
Education/engagement/advice,…).
This presentation is driven by 2
factors: providing clarity as to
the type of services received,
and abiding by the contractual
obligation of confidentiality in
force with each of the vendors
(resulting from standard
business sensitive information).
We
do publish however the detail of
the legal advice, by firm and by
working group, on this same page
(see for example the link to the
report of fees by firm:
https://www.icann.org/en/system/files/files/iana-stewardship-expenses-legal-firm-fy16-01jun16-en.pdf).
You
will also find more information
relative to ICANN’s lobbying in
the following blog published a
few months ago. In this blog,
you will also find links to the
disclosure reports that ICANN
makes on lobbying activities.
https://www.icann.org/resources/pages/lobbying-disclosures-contributions-2015-11-18-en.
Lastly,
further information on lobbying
appears in ICANN’s form 990
(Schedule C, Part II-B. On page
33/73 of the FY15 form 990
published at the following
link):
https://www.icann.org/en/system/files/files/fy-2015-form-990-10may16-en.pdf
I
hope this helps. Please let me
know if you have further
questions.
Thank
you.
Best,
Xavier
Xavier
Calvez
ICANN
CFO
12025
Waterfront Drive, Suite
300
Los
Angeles, CA 90094
Office
: +1 (310) 301 5838
Mobile
: +1 (805) 312 0052
Fax
: +1 (310) 957-2348
From:
"Schaefer,
Brett" <Brett.Schaefer@heritage.org>
Date: Tuesday, June
21, 2016 at 9:54 PM
To: Xavier Calvez <xavier.calvez@icann.org>,
"community-finance@icann.org"
<community-finance@icann.org>,
"cwg-stewardship@icann.org"
<cwg-stewardship@icann.org>,
CCWG-Accountability <accountability-cross-community@icann.org>
Cc: Executive Team
<executive-team@icann.org>,
COMMS Team <commsteam@icann.org>,
"icann-board@icann.org"
<icann-board@icann.org>,
Finance Staff <finance-staff@icann.org>
Subject: RE:
[CCWG-ACCT] IANA Stewardship
Transition - Project Expenses
- FY16 Q3 update
Xavier,
Thank
you. Could you please
provide a more detailed
breakdown of legal advice,
US government affairs, and
educations/engagement/advice?
In each category, there are
multiple firms/vendors
listed (https://www.icann.org/en/system/files/files/iana-stewardship-expenses-professional-vendor-01jun16-en.pdf).
I would appreciate the
amount provided to each
individual vendor. If it is
provided somewhere, I would
appreciate you letting me
know where to find it.
Much
appreciated,
Brett
Brett
Schaefer
Jay Kingham Senior
Research Fellow in
International Regulatory
Affairs
Margaret Thatcher Center
for Freedom Davis
Institute for National
Security and Foreign
Policy
The
Heritage Foundation
214 Massachusetts Avenue, NE
Washington, DC 20002
202-608-6097
heritage.org
From:
accountability-cross-community-bounces@icann.org
[mailto:accountability-cross-community-bounces@icann.org]
On Behalf Of Xavier
J. Calvez
Sent: Saturday,
June 18, 2016 12:10 AM
To: community-finance@icann.org;
cwg-stewardship@icann.org;
CCWG-Accountability
Cc: Executive
Team; COMMS Team; icann-board@icann.org; Finance
Staff
Subject:
[CCWG-ACCT] IANA
Stewardship Transition -
Project Expenses - FY16
Q3 update
Dear
all,
You
find at the link below the
updated project’s expenses
as of FY16 Q3 (from July
2014 to March 2016). As
indicated a few months ago,
we have added new detailed
information on the staff
support with the individual
positions, names and
percentages of effort over
the period.
https://www.icann.org/resources/pages/iana-stewardship-project-costs
Thank
you.
Best,
Xavier
Xavier
Calvez
ICANN
CFO
12025
Waterfront Drive, Suite
300
Los
Angeles, CA 90094
Office
: +1 (310) 301 5838
Mobile
: +1 (805) 312 0052
Fax
: +1 (310) 957-2348
<iana-stewardship-expenses-professional-vendor-01jun16-en.pdf>
_______________________________________________
Accountability-Cross-Community mailing list
Accountability-Cross-Community@icann.org
https://mm.icann.org/mailman/listinfo/accountability-cross-community
_______________________________________________community-finance mailing list community-finance@icann.org https://mm.icann.org/mailman/listinfo/community-finance
Ken, Loriright. but we are not asking for that kind of reporting. We are asking for something more factual and more about informing the community of ICANN, not just the IRS. :-) I think we want a bit more and a general sort of 'rule' of openness. So, if you accept a contract with ICANN, expect it to be known, just as the contracts to do a Review are, and state what you do for ICANN. I respect ICANN having consultants, and hiring people to do awareness and engagement to explain the IANA transition, or fund travel for the Chairs of the CCWG, etc. to provide awareness, this is within, in my view, the role of the organization in fulfilling its mission. So, I may be more flexible than some. After all, I spend most of my business life trying to explain IG in developing countries, and trying to find funders to allow me to do that. :-) ICANN is not a client but in my view, as I do broader IG work, creating understanding about what ICANN does and does not do is real work. It is important and if we, the community, are not aware of its importance, then we misunderstand how we need to support ICANN, broadly, as awareness.... We are very fortunate to have this opportunity, as this will build the support needed for ICANN to be more internationalized. I suspect we are all on the same page - mostly -- and thus, I hope we will ask for the facts and figures, and then focus on what is needed to continue to build support for the transition in the US, and well beyond. M
From: kstubbs@afilias.info Subject: Re: [community-finance] [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update To: paul.rosenzweig@redbranchconsulting.com; marilynscade@hotmail.com; psc@vlaw-dc.com; brett.schaefer@heritage.org; xavier.calvez@icann.org CC: cwg-stewardship@icann.org; accountability-cross-community@icann.org; icann-board@icann.org; executive-team@icann.org; commsteam@icann.org; community-finance@icann.org; finance-staff@icann.org Date: Wed, 20 Jul 2016 11:37:05 -0400
I believe Lori is correct here. IRS requirements
on disclosures are
usually quite specific here
Ken Stubbs
On 7/20/16 10:32, Lori Schulman wrote:
I
don’t believe that 501©3 orgs can consider any consulting
fees confidential as the top fees are required to be
reported on the 990.
Lori
Lori
S. Schulman
Senior
Director, Internet Policy
International
Trademark Association (INTA)
+1-202-704-0408,
Skype: lsschulman
From:
accountability-cross-community-bounces@icann.org
[mailto:accountability-cross-community-bounces@icann.org]
On Behalf Of Paul Rosenzweig
Sent: Wednesday, July 20, 2016 10:16 AM
To: 'Marilyn Cade'
<marilynscade@hotmail.com>; 'Phil Corwin'
<psc@vlaw-dc.com>; 'Schaefer, Brett'
<brett.schaefer@heritage.org>; 'Xavier J. Calvez'
<xavier.calvez@icann.org>
Cc: cwg-stewardship@icann.org;
'CCWG-Accountability'
<accountability-cross-community@icann.org>;
icann-board@icann.org; 'Executive Team'
<executive-team@icann.org>; 'COMMS Team'
<commsteam@icann.org>;
community-finance@icann.org; 'Finance Staff'
<finance-staff@icann.org>
Subject: Re: [CCWG-ACCT] IANA Stewardship
Transition - Project Expenses - FY16 Q3 update
I
agree completely with Marilyn and Phil. I have been on both
sides of non-disclosure agreements – both ones requested by
me and ones requested by my clients. Typically, a client
(in the position of ICANN) may request that a consultant
sign an NDA so as to protect the confidentiality of its
efforts or its intellectual property. Sometimes a
consultant might have a proprietary methodology or process
that they are using on behalf of the client that they wish
to protect.
Neither
circumstance applies here that I can see. And in no case
that I am aware of has a client ever asked me to keep
confidential my fee … I don’t broadcast them, but I’m in
the private sector. For ICANN, which is an NGO acting in
the global public interest, I cannot see any reason at all
why ICANN would want or agree to a confidentiality
arrangement as to the size of the fee paid.
Xavier
– can you tell us what the rationale is? I may be missing
something …..
Thanks
Paul
Paul
Rosenzweig
paul.rosenzweig@redbranchconsulting.com
O:
+1 (202) 547-0660
M:
+1 (202) 329-9650
VOIP:
+1 (202) 738-1739
www.redbranchconsulting.com
My
PGP Key:
http://redbranchconsulting.com/who-we-are/public-pgp-key/
From:
accountability-cross-community-bounces@icann.org
[mailto:accountability-cross-community-bounces@icann.org]
On Behalf Of Marilyn Cade
Sent: Wednesday, July 20, 2016 9:05 AM
To: Phil Corwin <psc@vlaw-dc.com>;
Schaefer, Brett <brett.schaefer@heritage.org>;
Xavier J. Calvez <xavier.calvez@icann.org>
Cc: cwg-stewardship@icann.org;
CCWG-Accountability <accountability-cross-community@icann.org>;
icann-board@icann.org;
Executive Team <executive-team@icann.org>;
COMMS Team <commsteam@icann.org>;
community-finance@icann.org;
Finance Staff <finance-staff@icann.org>
Subject: Re: [CCWG-ACCT] IANA Stewardship
Transition - Project Expenses - FY16 Q3 update
I
support Phil's clarifying explanation.
I
also think that anyone who is in this category, should
have to declare if they re also representing companies
in a SO/AC.
Or
advising governments.
In
the BC, we do not allow an ICANN consultant to be a BC
member, regardless of the amount, but if someone is a
backdoor advisor to ICANN and also a group of entities,
in a SO/AC, that would not be so obvious, but I think
that for integrity sake, of course, any such entity
would recuse themselves from advising companies, while
also advising ICANN.
And I
would expect ICANN to disqualify such entities as their
consultants.
Thanks,
Phil, for this useful clarification.
M
From:
psc@vlaw-dc.com
To: Brett.Schaefer@heritage.org;
xavier.calvez@icann.org
Date: Wed, 20 Jul 2016 00:48:08 +0000
CC: cwg-stewardship@icann.org;
accountability-cross-community@icann.org;
icann-board@icann.org; executive-team@icann.org;
commsteam@icann.org;
community-finance@icann.org; finance-staff@icann.org
Subject: Re: [CCWG-ACCT] IANA Stewardship Transition -
Project Expenses - FY16 Q3 update
In
the U.S. much of what used to be done by registered
lobbyists is now performed by “strategic advisors”
who walk right up to the line of what constitutes
lobbying (and maybe a few inches over), and
nonetheless facilitate door opening to key members
of Congress and the Executive branch, and who
“educate” rather than “lobby” members of both
branches of government. So while the seven firms may
not be engaged in what is considered lobbying under
current U.S. law, they are still likely engaged in
helping to assure officials outcomes desired by
ICANN corporate.
It
is for that reason – as well as for the exercise of
effective oversight over ICANN budgeting and
expenditures – that the community should have more
data on this. If ICANN is prohibited by its
contracts with these firms from disclosing its
expenditures that is unfortunate – and in the future
I would hope that ICANN would tell any firms being
considered for such duties that its own transparency
obligations to the community preclude it from
agreeing to such restrictions (I’d wager that the
majority of the firms would waive confidentiality
rather than lose the contract).
At
a minimum, ICANN should disclose the aggregate
amounts spent with these seven firms since they were
engaged – surely their contracts don’t bar such
aggregate reporting.
Philip
S. Corwin, Founding Principal
Virtualaw
LLC
1155
F Street, NW
Suite
1050
Washington,
DC 20004
202-559-8597/Direct
202-559-8750/Fax
202-255-6172/Cell
Twitter:
@VlawDC
"Luck
is the residue of design" -- Branch Rickey
From:
accountability-cross-community-bounces@icann.org
[mailto:accountability-cross-community-bounces@icann.org]
On Behalf Of Schaefer, Brett
Sent: Tuesday, July 19, 2016 1:04 PM
To: Xavier J. Calvez
Cc: cwg-stewardship@icann.org;
CCWG-Accountability;
icann-board@icann.org;
Executive Team; COMMS Team;
community-finance@icann.org;
Finance Staff
Subject: Re: [CCWG-ACCT] IANA Stewardship
Transition - Project Expenses - FY16 Q3 update
Xavier,
Are
you saying that ICANN’s contracts for
Education/Engagement/Advice with (1) Albright
Stonebridge Group LLC, (2) Edelman, (3) Interface
Media, (4) Rice Hadley Gates LLC, (5) Summit
Strategies International LLC, (6) WBC Global, and
(7) Wiley Rein LLP each contain confidentiality
provisions that prohibit ICANN from disclosing the
specific amount paid to each of these individual
vendors?
Does
this only apply to the CCWG and the public or does
it also apply to other parts of the ICANN community,
specifically the Supporting Organizations and
Advisory Committees?
Thank
you for the link on lobbying disclosures. For those
who are interested, here are ICANN’s lobbying
expenditures based on the disclosure website of the
U.S. Congress.
I
do have a couple of additional questions. Would this
source capture lobbying exclusively directed toward
the US Executive Branch? Has ICANN spent any funds
during this period lobbying governments other than
the US?
Thank
you,
Brett
Brett
Schaefer
Jay Kingham Senior Research Fellow in
International Regulatory Affairs
Margaret Thatcher Center for Freedom Davis
Institute for National Security and Foreign Policy
The
Heritage Foundation
214 Massachusetts Avenue, NE
Washington, DC 20002
202-608-6097
heritage.org
From:
Xavier J. Calvez [mailto:xavier.calvez@icann.org]
Sent: Monday, July 18, 2016 6:30 PM
To: Schaefer, Brett
Cc: community-finance@icann.org;
cwg-stewardship@icann.org;
CCWG-Accountability; Executive Team; COMMS Team;
icann-board@icann.org;
Finance Staff
Subject: Re: [CCWG-ACCT] IANA Stewardship
Transition - Project Expenses - FY16 Q3 update
Brett,
Yes,
the information I provided in my latest email had
been included in some previous communication. I just
wanted to make sure you had a clear visibility on
this information, which provides for (i) categories
of expenses, (ii) the individual names of the
vendors grouped for each category, and (iii) the
total value of the expenses for each category.
With
respect to the contractual obligations of
confidentiality in commercial contracts, ICANN is
subject to them, like all business organizations.
That said, we disclose what we can consistent with
standard business confidentiality provisions in
vendor contracts. We cannot disclose the specific
amount of spend with each vendor but we were able to
disclose the names of the service providers engaged.
Regarding
the lobbying expenses, as you are aware, both
organizations that hire lobbyists and firms that
lobby on behalf of organizations are required under
U.S. federal law to file lobbying disclosure
reports. In addition to ICANN’s quarterly lobbying
disclosures posted on our website, you can find the
amounts ICANN has paid to individual outside
lobbying firms at
http://disclosures.house.gov/ld/ldsearch.aspx.
I
hope this helps and clarifies.
Thank
you.
Best,
Xavier
Xavier
Calvez
ICANN
CFO
12025
Waterfront Drive, Suite 300
Los
Angeles, CA 90094
Office
: +1 (310) 301 5838
Mobile
: +1 (805) 312 0052
Fax
: +1 (310) 957-2348
From:
"Schaefer,
Brett" <Brett.Schaefer@heritage.org>
Date: Thursday, July 14, 2016 at 7:07 AM
To: Xavier Calvez <xavier.calvez@icann.org>
Cc: "community-finance@icann.org"
<community-finance@icann.org>,
"cwg-stewardship@icann.org"
<cwg-stewardship@icann.org>,
CCWG-Accountability <accountability-cross-community@icann.org>,
Executive Team <executive-team@icann.org>,
COMMS Team <commsteam@icann.org>,
"icann-board@icann.org"
<icann-board@icann.org>,
Finance Staff <finance-staff@icann.org>
Subject: Re: [CCWG-ACCT] IANA Stewardship
Transition - Project Expenses - FY16 Q3 update
Xavier,
This
is pretty much the same information that was
provided before. I am asking for a breakdown
of how much was paid to each vender in the
lobbying category (Akin Gump, etc.) and the
education/engagement/advice category
(Albright Stoneridge, etc.).
Thank
you,
Brett
On Jul 13, 2016, at 8:13 PM, Xavier J. Calvez
<xavier.calvez@icann.org>
wrote:
Dear
Brett,
In
response to your question listed below on 22
June: the detailed information provided on
Other professional fees (other than legal
fees, detailed in a separate section of the
“Transition project cost” expense webpage,
on the IANA Stewardship Transition webpage)
can be found in the section called “Professional
Services – Expenses Breakdown”.
Within this section, you will find a link to
a document that provides the list of
Professional Services (other than legal
fees) incurred, by category, with the names
of the vendors, and the total amount of
expenditures for the category.
This
link is copied below and was provided in my
first answer to your question. I have also
attached the file to which this link refers
in case the link would not work for you.
https://www.icann.org/en/system/files/files/iana-stewardship-expenses-professional-vendor-01jun16-en.pdf
If
this not addressing your question, please
let me know.
Thank
you.
Best,
Xavier
Xavier
Calvez
ICANN
CFO
12025
Waterfront Drive, Suite 300
Los
Angeles, CA 90094
Office
: +1 (310) 301 5838
Mobile
: +1 (805) 312 0052
Fax
: +1 (310) 957-2348
Brett
Schaefer
Jay Kingham Senior Research Fellow in
International Regulatory Affairs
Margaret Thatcher Center for Freedom Davis
Institute for National Security and Foreign
Policy
The
Heritage Foundation
214 Massachusetts Avenue, NE
Washington, DC 20002
202-608-6097
heritage.org
From:
Xavier
Calvez <xavier.calvez@icann.org>
Date: Tuesday, July 12, 2016 at
9:45 AM
To: "Schaefer, Brett" <Brett.Schaefer@heritage.org>,
"community-finance@icann.org"
<community-finance@icann.org>,
"cwg-stewardship@icann.org"
<cwg-stewardship@icann.org>,
CCWG-Accountability <accountability-cross-community@icann.org>
Cc: Executive Team <executive-team@icann.org>,
COMMS Team <commsteam@icann.org>,
"icann-board@icann.org"
<icann-board@icann.org>,
Finance Staff <finance-staff@icann.org>
Subject: Re: [CCWG-ACCT] IANA
Stewardship Transition - Project Expenses
- FY16 Q3 update
Brett,
Thank
you for following up.
I
will make sure to respond no later than
the end of this week.
Thank
you.
Best,
Xavier
Xavier
Calvez
ICANN
CFO
12025
Waterfront Drive, Suite 300
Los
Angeles, CA 90094
Office
: +1 (310) 301 5838
Mobile
: +1 (805) 312 0052
Fax
: +1 (310) 957-2348
From:
"Schaefer,
Brett" <Brett.Schaefer@heritage.org>
Date: Tuesday, July 12, 2016
at 11:38 AM
To: Xavier Calvez <xavier.calvez@icann.org>,
"community-finance@icann.org"
<community-finance@icann.org>,
"cwg-stewardship@icann.org"
<cwg-stewardship@icann.org>,
CCWG-Accountability <accountability-cross-community@icann.org>
Cc: Executive Team <executive-team@icann.org>,
COMMS Team <commsteam@icann.org>,
"icann-board@icann.org"
<icann-board@icann.org>,
Finance Staff <finance-staff@icann.org>
Subject: RE: [CCWG-ACCT] IANA
Stewardship Transition - Project
Expenses - FY16 Q3 update
Xavier,
Thanks
for promising to get this
information to me in Helsinki. Do
you have an estimate for when it
will be provided?
Thanks,
Brett
Brett
Schaefer
Jay Kingham Senior Research Fellow
in International Regulatory
Affairs
Margaret Thatcher Center for
Freedom Davis Institute for
National Security and Foreign
Policy
The
Heritage Foundation
214 Massachusetts Avenue, NE
Washington, DC 20002
202-608-6097
heritage.org
From:
Schaefer, Brett
Sent: Wednesday, June 22,
2016 2:39 PM
To: 'Xavier J. Calvez'; community-finance@icann.org;
cwg-stewardship@icann.org;
CCWG-Accountability
Cc: Executive Team; COMMS
Team; icann-board@icann.org; Finance
Staff
Subject: RE: [CCWG-ACCT]
IANA Stewardship Transition -
Project Expenses - FY16 Q3
update
Xavier,
I
appreciate the detailed breakdown on
the legal fees That is indeed what I
was looking for though I would think
it useful to have the totals
provided in the summary document.
However,
I did not see similar information
for lobbying or education/
engagement/advice in the links
provided. In fact, the only specific
information that I saw listed is for
Jamie Hedlund at $200,000. No
information on other individual
firms or vendors is listed at all –
only the top line budget expenditure
in the summary document link
originally sent around.
Could
you provide that information?
Thanks,
Brett
From:
Xavier J. Calvez [mailto:xavier.calvez@icann.org]
Sent: Wednesday, June 22,
2016 10:43 AM
To: Schaefer, Brett; community-finance@icann.org;
cwg-stewardship@icann.org;
CCWG-Accountability
Cc: Executive Team; COMMS
Team; icann-board@icann.org; Finance
Staff
Subject: Re: [CCWG-ACCT]
IANA Stewardship Transition -
Project Expenses - FY16 Q3
update
Dear
all,
It
appears that the first link in my
email further below (detail of legal
fees by firm) does not resolve
correctly. Please use the below
instead.
https://www.icann.org/en/system/files/files/iana-stewardship-expenses-legal-firm-fy16-01jun16-en.pdf
Thank
you.
Best,
Xavier
Xavier
Calvez
ICANN
CFO
12025
Waterfront Drive, Suite 300
Los
Angeles, CA 90094
Office
: +1 (310) 301 5838
Mobile
: +1 (805) 312 0052
Fax
: +1 (310) 957-2348
From:
Xavier
Calvez <xavier.calvez@icann.org>
Date: Wednesday, June 22,
2016 at 1:01 PM
To: "Schaefer, Brett" <Brett.Schaefer@heritage.org>,
"community-finance@icann.org"
<community-finance@icann.org>,
"cwg-stewardship@icann.org"
<cwg-stewardship@icann.org>,
CCWG-Accountability <accountability-cross-community@icann.org>
Cc: Executive Team <executive-team@icann.org>,
COMMS Team <commsteam@icann.org>,
"icann-board@icann.org"
<icann-board@icann.org>,
Finance Staff <finance-staff@icann.org>
Subject: Re: [CCWG-ACCT]
IANA Stewardship Transition -
Project Expenses - FY16 Q3 update
Dear
Brett,
Thank
you for your interest and
question.
We
currently publish the list of
all vendors from whom ICANN
obtain services in relation to
the IANA Stewardship transition.
The $$ value of the services
received is aggregated by
category of expenses, which you
mention below (US Government
affairs,
Education/engagement/advice,…).
This presentation is driven by 2
factors: providing clarity as to
the type of services received,
and abiding by the contractual
obligation of confidentiality in
force with each of the vendors
(resulting from standard
business sensitive information).
We
do publish however the detail of
the legal advice, by firm and by
working group, on this same page
(see for example the link to the
report of fees by firm:
https://www.icann.org/en/system/files/files/iana-stewardship-expenses-legal-firm-fy16-01jun16-en.pdf).
You
will also find more information
relative to ICANN’s lobbying in
the following blog published a
few months ago. In this blog,
you will also find links to the
disclosure reports that ICANN
makes on lobbying activities.
https://www.icann.org/resources/pages/lobbying-disclosures-contributions-2015-11-18-en.
Lastly,
further information on lobbying
appears in ICANN’s form 990
(Schedule C, Part II-B. On page
33/73 of the FY15 form 990
published at the following
link):
https://www.icann.org/en/system/files/files/fy-2015-form-990-10may16-en.pdf
I
hope this helps. Please let me
know if you have further
questions.
Thank
you.
Best,
Xavier
Xavier
Calvez
ICANN
CFO
12025
Waterfront Drive, Suite
300
Los
Angeles, CA 90094
Office
: +1 (310) 301 5838
Mobile
: +1 (805) 312 0052
Fax
: +1 (310) 957-2348
From:
"Schaefer,
Brett" <Brett.Schaefer@heritage.org>
Date: Tuesday, June
21, 2016 at 9:54 PM
To: Xavier Calvez <xavier.calvez@icann.org>,
"community-finance@icann.org"
<community-finance@icann.org>,
"cwg-stewardship@icann.org"
<cwg-stewardship@icann.org>,
CCWG-Accountability <accountability-cross-community@icann.org>
Cc: Executive Team
<executive-team@icann.org>,
COMMS Team <commsteam@icann.org>,
"icann-board@icann.org"
<icann-board@icann.org>,
Finance Staff <finance-staff@icann.org>
Subject: RE:
[CCWG-ACCT] IANA Stewardship
Transition - Project Expenses
- FY16 Q3 update
Xavier,
Thank
you. Could you please
provide a more detailed
breakdown of legal advice,
US government affairs, and
educations/engagement/advice?
In each category, there are
multiple firms/vendors
listed (https://www.icann.org/en/system/files/files/iana-stewardship-expenses-professional-vendor-01jun16-en.pdf).
I would appreciate the
amount provided to each
individual vendor. If it is
provided somewhere, I would
appreciate you letting me
know where to find it.
Much
appreciated,
Brett
Brett
Schaefer
Jay Kingham Senior
Research Fellow in
International Regulatory
Affairs
Margaret Thatcher Center
for Freedom Davis
Institute for National
Security and Foreign
Policy
The
Heritage Foundation
214 Massachusetts Avenue, NE
Washington, DC 20002
202-608-6097
heritage.org
From:
accountability-cross-community-bounces@icann.org
[mailto:accountability-cross-community-bounces@icann.org]
On Behalf Of Xavier
J. Calvez
Sent: Saturday,
June 18, 2016 12:10 AM
To: community-finance@icann.org;
cwg-stewardship@icann.org;
CCWG-Accountability
Cc: Executive
Team; COMMS Team; icann-board@icann.org; Finance
Staff
Subject:
[CCWG-ACCT] IANA
Stewardship Transition -
Project Expenses - FY16
Q3 update
Dear
all,
You
find at the link below the
updated project’s expenses
as of FY16 Q3 (from July
2014 to March 2016). As
indicated a few months ago,
we have added new detailed
information on the staff
support with the individual
positions, names and
percentages of effort over
the period.
https://www.icann.org/resources/pages/iana-stewardship-project-costs
Thank
you.
Best,
Xavier
Xavier
Calvez
ICANN
CFO
12025
Waterfront Drive, Suite
300
Los
Angeles, CA 90094
Office
: +1 (310) 301 5838
Mobile
: +1 (805) 312 0052
Fax
: +1 (310) 957-2348
<iana-stewardship-expenses-professional-vendor-01jun16-en.pdf>
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participants (15)
-
Cheryl Langdon-Orr -
Gomes, Chuck -
Kavouss Arasteh -
Ken Stubbs -
León Felipe Sánchez Ambía -
Lori Schulman -
Marilyn Cade -
Michele Neylon - Blacknight -
Paul Rosenzweig -
Phil Corwin -
Sam Lanfranco -
Schaefer, Brett -
Shreedeep Rayamajhi -
Xavier J. Calvez -
Zakir Syed