Dear Maureen, Alan, Vanda, former members of the CCWG-AP,
Thanks again for the considerations you shared last week on the former CCWG-AP members list.
While we recognize that some ICANN community members that previously served on the Cross-Community Working Group on Auction Proceeds (CCWG-AP) may wish to be more involved in ICANN Grant Program applications than is allowed under the Applicant Guide, ICANN org is not in a position to update eligibility requirements at this time. Throughout the community’s work to deliver recommendations to the Board on Auction Proceeds, ICANN continually reinforced the need to have clear, strong, and appropriate limitations on whether and how those developing the recommendations could benefit from the resulting program.
As clearly documented within the CCWG-AP’s Final Report, and as reinforced throughout the CCWG-AP process, CCWG-AP members were aware of the intention that they or their family members would be ineligible to receive grants through their affiliated businesses. The CCWG-AP’s guidance included, in response to Charter Question 2:
There must be protections against self-dealing and measures to ensure that decisions are taken without conflict of interest. The following measures are recommended to be considered as part of the implementation process:
In developing the ICANN Grant Program, the Applicant Guide extends this recommended eligibility exclusion to include a restriction for CCWG-AP members to be eligible for funding for “proposal activities as principals, advisors, or in other roles.” While this removes CCWG-AP members to serve as advisors (paid or unpaid) to applicants within the ICANN Grant Program, this is a necessary and logical extension of the CCWG-AP guidance in furtherance of ICANN’s need to protect against self-dealing. First, ICANN has no meaningful way to confirm or enforce if a CCWG-AP member is serving in a paid or unpaid role with an applicant, and there could be other ways that the member could receive benefit from a successful application than compensation. ICANN has a core obligation to avoid even the potential appearance of self-dealing. Second, the CCWG-AP was not designed to create a pool of ICANN community members who could hold themselves out as providing special knowledge or support to applicants; the CCWG-AP specifically acknowledged a need for segregation between recommendation development and identification of potential applicants. ICANN cannot now change our position to encourage that type of work.
While we understand that this limitation has practical impacts on the former members of the CCWG-AP or entities that might be relying on those people for support in the application process, this is an important limitation that preserves the integrity of the ICANN Grant Program and ICANN’s obligations to implement a program free from even the suggestion of self-dealing or conflicts of interest.
We remain available to provide you with any further information and/or clarification you may need.
Best regards,
Giovanni
From: FormerMembersCCWG-AP <formermembersccwg-ap-bounces@icann.org> on behalf of Giovanni Seppia <giovanni.seppia@icann.org>
Date: Friday, 12 January 2024 at 06:34
To: Maureen Hilyard <maureen.hilyard@gmail.com>, Alan Greenberg <alan.greenberg@mcgill.ca>
Cc: "FormerMembersCCWG-AP@icann.org" <FormerMembersCCWG-AP@icann.org>
Subject: Re: [FormerMembersCCWG-AP] [Ext] ICANN Grant Program Applicant Guide
Dear Maureen, Alan,
Thanks for sharing your further considerations on this eligibility element.
Allow me to discuss it internally and come back to you in a timely manner.
Best regards,
Giovanni
From: Maureen Hilyard <maureen.hilyard@gmail.com>
Date: Friday, 12 January 2024 at 05:28
To: Alan Greenberg <alan.greenberg@mcgill.ca>
Cc: Giovanni Seppia <giovanni.seppia@icann.org>, Vanda Scartezini <vanda@scartezini.org>, "FormerMembersCCWG-AP@icann.org" <FormerMembersCCWG-AP@icann.org>
Subject: Re: [FormerMembersCCWG-AP] [Ext] ICANN Grant Program Applicant Guide
Thank you Giovanni for your input into this discussion.
I would note that the prohibition appears to apply when a CCWG member owns or partly owns the company that might be making the application for funds.
If the CCWG member is also a voluntary member of a not-for-profit organisation that wants to make an application, surely the Applicant Guide does not prevent their being an advisor in a capacity that does not require any payment or reimbursement?
All of the participants of the CCWG were acting in a volunteer capacity - many from under-developed regions where advisors for this type of activity are few and far between. Therefore they would be valued members of many organisations and may be asked to participate in this type of advisory role. How does one ensure that they are getting the correct information if they are from organisations that are aware of the nuances of different ICANN application systems?
Maureen
On Thu, Jan 11, 2024 at 6:01 PM Alan Greenberg <alan.greenberg@mcgill.ca> wrote:
Thanks Giovanni,
Although I honestly cannot recall the prohibition in the CCWG recommendations, it is clearly there.
However, I note that the Applicant Guide goes quite far beyond the recommendation by forbidding CCWG participants to act as (unpaid) advisors or in other roles.
Alan
From: FormerMembersCCWG-AP <formermembersccwg-ap-bounces@icann.org> On Behalf Of Giovanni Seppia
Sent: Wednesday, January 10, 2024 4:33 PM
To: Vanda Scartezini <vanda@scartezini.org>
Cc: FormerMembersCCWG-AP@icann.org
Subject: Re: [FormerMembersCCWG-AP] [Ext] ICANN Grant Program Applicant Guide
Dear Vanda,
Thanks for the nice message on the work that the Grant Program team, with the great support and cooperation of many colleagues, has done to date.
With reference to your consideration about members of the CCWG-AP, I have paste below a text that is included in the CCWG-AP Final Report (page 24):
“There must be protections against self-dealing and measures to ensure that decisions are taken without conflict of interest. The following measures are recommended to be considered as part of the implementation process:
○ Prohibition on auction proceeds being awarded to businesses that are owned in whole or in part by ICANN Board members, executives or staff or their family members and awards that may be used to pay compensation to ICANN Board members, executives or staff or their family members.
○ Segregation of duties amongst those who develop the requirements and those who assist in the identification of potential recipients.
○ Prohibition on awards of assistance to businesses owned in whole or in part by the CCWG members (participating in any phase of the CCWG process), their family members, and awards that would be used to pay compensation to CCWG members or their family members.”
Let me know if this is helpful.
Best regards,
Giovanni
From: Vanda Scartezini <vanda@scartezini.org>
Date: Wednesday, 10 January 2024 at 20:29
To: Giovanni Seppia <giovanni.seppia@icann.org>
Cc: Xavier Calvez <xavier.calvez@icann.org>, "FormerMembersCCWG-AP@icann.org" <FormerMembersCCWG-AP@icann.org>
Subject: [Ext] ICANN Grant Program Applicant Guide
Dear Giovanni, Xavier, former members
First of all, again Happy New year, with huge success to you all.
Thank you Giovanni and Xavier for your work on delivering the Grant Program guide book! Appreciate.
I would like to raise the following question:
Why members of Auction Proceed, who that never been involved with the details of the application guide book are not able to participate?
We have worked as volunteers and our work have finished defining the model ICANN could have to manage such Grant program. We didn’t go further in defining any other requirements for the applicants. I am sure I didn’t.
The DNS Women group where I am CEO would like to participate due to the kind of activities we perform among women in several countries related to the DNS.
Auction Proceed members have dedicated their time to the Auction Proceed Working Group for years and we never have in mind this would be a reason for being excluded from this Program.
Will it be the same restriction, for instance for everyone that has been participating in the new gTLD round ?? it was not the case in 2012!
I really cannot see any conflict of interest based on the ICANN bylaws that prevent the volunteer members to participate in this new Grant pilot.
Of course, if any former member had participated on the definition of this guidebook, then there would be conflict, otherwise, I certainly do not see any conflict and would like to know the reasons this impediment was stated.
I appreciate your feedback!
Thanks again for this new program !!
Vanda Scartezini
Polo Consultores Associados
São Paulo, Brazil
Mobile: + 55 11 98181-1464
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