Dear Mary, dear Tom,
Dear all,
 
Further to Mary's recent message soliciting clarifications on the list of Red Cross and Red Crescent identifiers for which permanent protections are requested, as per the advice provided by the GAC in its past Communiqués to ICANN's Board, please find below our responses to Mary's questions. We are also copying below our last messages (30 january 2015 and 4 march 2016) in response to ealier issues raised regarding the list of identifiers of the respective Red Cross and Red Crescent organizations, as included under Specification 5 of the Model Registry Agreement.
 
quote from Mary's message
On the Problem Statement relating to Red Cross identifier protections –
·         The number of Red Cross National Societies - The Red Cross has, indeed, notified ICANN that there are now 190 National Societies; in her presentation to the GNSO Council in April 2016, this was also mentioned by Ms. Charlotte Lindsey Curtet (noting that the 190th was approved and admitted in December 2015: https://gnso.icann.org/en/correspondence/curtet-to-gnso-council-14apr16-en.pdf). The GAC advice specifically mentioning the Red Cross National Societies (March 2014 in the Singapore Communique; June 2014 in the London Communique; and October 2014 in the Los Angeles Communique) and the ICANN Board resolution granting interim protection to Red Cross National Society names (again, preceding the admission of the 190th National Society into the movement) expressly provide for the then-189 National Societies. Similarly, the GNSO’s PDP recommendations on this point – dating from November 2013 and based on GAC advice up to that date – also mention 189 Red Cross National Societies. It may therefore be helpful if the National Society names that the facilitated discussions will focus on can be clarified.
 
Response (ICRC):
(1) The current request is for the confirmation as permanent of the protections currently recognized to the identifiers of the respective components of the International Red Cross and Red Crescent Movement (hereafter Movement), including the names of the 190 National Red Cross and Red Crescent Societies recognized within the Movement 1) in English and 2) in the official language or languages (and alphabets/fonts) of their respective State of origin.

It is correct that the number of National Societies referenced in the GAC's past communiqués (Singapore, 2014; London, 2014; Los Angeles, 2014) was 189 and that this number has since increased following the recognition of the Tuvalu Red Cross as the 190th National Society as a component of the Movement (effective 18 November 2015). Should hence be added to the list the names "Tuvalu Red Cross" and "Tuvalu Red Cross Society".

For clarity, It should be noted that the recognition of new National Red Cross and Red Crescent Societies is not a very common occurrence and follows a formal process defined in the Movement's regulatory framework. There can only one National Red Cross or Red Crescent Society in any given State and only States that party to the 1949 Geneva Conventions are enabled to set up a National Society. Only very few States party to the 1949 Geneva Conventions (6 out of 196 to date) have not yet created a National Red Cross or Red Crescent Society.
 
We had in the past submitted our responses to series of remaining questions pertaining to the list of National Societies' names  presently included in the list of Red Cross and Red Crescent identifiers included in Specification 5 to the Model Registry Agreement (most of a technical nature linked to the font or to the length of certain names proposed for inclusion on the list or protected names ).
 
We re attaching below our last messages (of 30 January 2015 and 4 March 2016) in this regard and remain available to respond to any remaining questions. We would also be available to discuss any remaining issues in a Telephone Conference with ICANN Staff in advance of the Copenhagen Meeting and/or to meet with concerned ICANN Staff in Copenhagen if this may assist further in finalizing the list.
 
·         The languages for which permanent protection for the National Society names is being sought – the current suggested text is “in relevant national languages”; the GAC advice is formulated as “in English and the official languages of their respective states of origin” and reflected in the GNSO PDP as “in English, as well as in their respective national languages”. It may be that there is no substantive difference between the current text and what is in the GAC advice and GNSO PDP recommendations, but we thought we ought to mention this for precision purposes.
           
Response (ICRC): We confirm that there is no substantive difference between the formulations “in relevant national languages “ and "in English and the official languages of their respective States of origin”. As noted above, the request is for permanent protections to be accorded to the names of National Societies both in English and in the official languages (and alphabets/fonts, as applicable) of each National Society's State of origin.
 
·         Acronyms of the international Red Cross movement – the GAC advice had sought “the same complementary cost neutral mechanisms to be worked out … for the protection of acronyms of IGOs” for the following four acronyms: ICRC, CICR, IFRC, FICR (Durban Communique, July 2013), which did not include MKKK. The GNSO PDP recommendations were for 90-days Claims Notification for the four acronyms listed by the GAC plus MKKK. It may therefore be helpful if the exact acronyms under discussion for protection as being the most commonly used Red Cross acronyms can also be clarified.
         
Response (ICRC): The acronyms/initials solicited for permanent protection concern the most usual acronyms of the two international organizations within the International Red Cross and Red Crescent Movement, namely  the International Committee of the Red Cross (ICRC - in English; CICR - in French; and MKKK - in Russian) and the International Federation of Red Cross and Red Crescent Societies (IFRC - in English; FICR - in French).
 
We remain available to answer any remaining issues that would be raised. We shall be available to meet with concerned ICANN Staff in Copenhagen in order to finalize the list, as this may represent the easiest option forward.
 
With best regards,
 
Stéphane J. Hankins
Legal adviser
Cooperation and coordination within the Movement
International Committee of the Red Cross
Tel (direct line): ++0041 22 730 24 19
 
-----Transféré par Stephane Hankins/DIR_GEN_MOUV_CHF/GVA/ICRC le 16/02/2017 19:31 -----
A : Mary Wong <mary.wong@icann.org>, Cyrus Namazi <cyrus.namazi@icann.org>
De : Stephane Hankins/DIR_GEN_MOUV_CHF/GVA/ICRC
Date : 04/03/2016 13:47
Cc : Nigel Hickson <nigel.hickson@icann.org>, Charlotte Lindsey Curtet/CIM_DIR/GVA/ICRC@ICRC, Nicola Ann Hardwick/DIR_GEN_MOUV_CHF/GVA/ICRC@ICRC
Objet : DNS labels associated with the Red Cross and Red Crescent

Dear Cyrus, dear Mary,

(1) I hope this message finds you well.

Further to our past exchanges and as I am hoping we may be able to catch up during ICANN's Marrakesh meeting in the next days,
I am sending you our responses to Cyrus' last letter and to his queries relating to the list of DNS labels associated with the Red Cross and Red Crescent designations and names, and thus, as these are currently included and reflected under Specification 5 to the Model Registry Agreement.
(2) Firstly, I would like to reiterate here our previous recommendation that, for greater clarity, the titles of the two tables/lists of Red Cross and Red Crescent designations and names included under Specification 5 be revised as follows:
(List 1) International Red Cross and Red Crescent Movement -  Names of the distinctive emblems protected under international humanitarian law and of related designations
(in substitution to the current title: International Red Cross and Red Crescent Movement - National Red Cross and Red Crescent Societies Names)

(List 2) International Red Cross and Red Crescent Movement – Names and identifiers of Red Cross and Red Crescent organisations
(in substitution to the current title: International Red Cross and Red Crescent Movement - International Committee of the Red Cross and International Federation of the Red Cross and Red Crescent Societies)

As the titles currently stand, they do not properly reflect or explicate the lists of strings listed thereunder.

(3) Second, we would like to draw your attention to the fact that, since the list of DNS labels was prepared, a new National Society has been recognized within the International Red Cross and Red Crescent Movement, and that its denomination requires to be added to the list of names and identifiers of Red Cross and Red Crescent organisations, namely the Tuvalu Red Cross Society (which was recognized as a component of the Movement in November 2015).

Should hence be added to the list protected names and DNA labels the names:
- "Tuvalu Red Cross"
- "Tuvalu Red Cross Society"  

(4) Below our responses to Cyrus' questions raised in his letter of 19 May 2015:
ICRC (Red Cross and Red Crescent) response
to ICANN's Letter of 19 May 2015
ICANN letter ICRC (Red Cross and Red Crescent) response
1. The names of RCRC National Societies are eligible for protection in English as directed by the NGPC’s resolution, which instructed staff to “provide temporary protections for the names of the International Committee of the Red Cross and International Federation of the Red Cross and Red Crescent Societies, and the 189 National Red Cross and Red Crescent Societies, as identified in the GAC Register of Advice as 2014-03-27-RCRC while the GAC, GNSO, Board, and ICANN community continue to actively work on resolving the differences in the advice from the GAC and the GNSO policy recommendations on the scope of protections for the RCRC names.” The GAC advice referenced in the NGPC’s resolution calls for protections of “the 189 National Red Cross and Red Crescent Societies, in English and the official languages of their respective states of origin.” We will direct registry operators to reserve these labels. As explained in our message of 21 November 2015, two or more names were submitted for protection in instances where a National Red Cross or Red Crescent Society makes wide usage of a usual name or names in addition to its official name (we refer to the official name as that foreseen, in principle, in a National Red Cross or Red Crescent Society’s national law or decree of recognition or in its statutory base instruments).

For example, the official name of the Australian Red Cross Society includes the word “Society”, but is commonly known as the “Australian Red Cross”. Similarly, the American National Red Cross uses and is widely known as the “American Red Cross”.

Accordingly, we provided two or more names for inclusion in the list of protected strings, where this was requested by the National Society concerned.
2. Some of the labels on the revised list are too long for the DNS. Refer to lines 72 – 75, 78, 79, 559, and 560 for those labels that cannot be reserved because they are too long. We take note that some of the labels on the revised list are too long for the DNS.

We propose to delete labels are too long for the DNS.
3. The list of DNS labels includes some acronyms for RCRC National Society names. As noted above in #1, the NGPC resolution calls for protection of “the 189 National Red Cross and Red Crescent Societies, in English and the official languages of their respective states of origin,” but does not call for protection of the acronyms corresponding to the 189 National Red Cross and Red Crescent Society Names. Refer to lines 379, 380, 531, 532, 872, 873, 928, 944, 975, 976, 985, and 1011 for those labels that appear to represent acronyms that are not eligible for reservation. We take note of this point and agree to the deletion of DNS labels corresponding to, or composed of, acronyms or initials of the Red Cross and Red Crescent organizations – i.e. under lines 379, 380, 531, 532, 872, 873, 928, 944, 975, 976, 985, and 1011.
4. The revised list of DNS labels includes International Red Cross and Red Crescent Movement names outside the scope of what the NGPC directed to be reserved pursuant to NGPC Resolution 2012.11.26.NG03. Refer to lines 144, 145, 319 – 324, 377, 378, 383, 384, 461, 462, 514 – 516, 665, 666, 694, 695, 714, 715, 742, 743, 862, 863, 906, 907, 1008, 1009, and 1010. Please clarify the basis for directing registry operators to protect these labels. Please delete the labels in lines 144, 145, 319 – 324, 377, 378, 383, 384, 461, 462, 514 – 516, 665, 666, 694, 695, 714, 715, 742, 743, 862, 863, 906, 907, and 1008.

However, we believe that the labels included in lines 1009 and 1010 should be kept, as they correspond to the full name of the Uzbek Red Crescent Society in Russian, as a recognized regional language of the State.
5. The revised list of DNS includes some labels where the characters do not render properly in the Word document. Refer to line 622. Please send these labels in a csv file so that we may review the proposed labels. Unfortunately, we could not convert the file under line 622 into csv-format either. We suggest to drop this label.
6. For some RCRC National Society names on the revised list, more than one English language version of the official name of the National Society is on the list. Refer to lines 132 – 135, 441 – 444, 655 – 658, 724 – 727, 744 – 747, 770 – 773, 808 – 811, 828 – 835, 836 – 839, 844 – 847, 856 – 859, 866 – 871, 874 – 877, 886 – 889, 894 – 897, 961 – 964, 994 – 997, 998 – 1001, 1026 – 1029, 1038 – 1041, and 1042 – 1045. As noted above in #1, the NGPC resolution calls for protection of “the 189 National Red Cross and Red Crescent Societies, in English and the official languages of their respective states of origin.” Please advise which one of the English language labels should be reserved. See comment under point 1.

Where several labels are proposed, these corresponds to either the official name of the National Society (as defined in the latter’s national law of recognition) or to the usual or widely used name or names of the National Society.

The inclusion of both official and usual names does not, in our understanding contradict the terms of the NGPC resolution. The latter does not refer to the “official” name of National Red Cross or Red Crescent Societies, but rather to their protection in the official languages of their respective States of origin.
7. Please confirm how you propose to treat “the” when it is part of the official name of the RCRC National Society name. For example, the official name of the Red Cross National Society in Thailand is “The Thai Red Cross Society.” When creating the DNS labels, should corresponding DNS labels be: “the-thai-red-cross-society” and “thethairedcrosssociety”? Or, should the DNS labels include the previous two labels in addition to “thai-red-cross-society” and “thairedcrosssociety”? We would prefer if both the versions, with and without the word “the”, could be included (e.g., “the-thai-red-cross-society” and “thai-red-cross-society”).



We hope this will allow to resolve the outstanding questions and look forward to the opportunity to meet with you in the coming days.

With kind regards,

Stéphane

Stéphane J. Hankins
Legal adviser
Cooperation and coordination within the Movement
International Committee of the Red Cross
Tel (direct line): ++0041 22 730 24 19

-----Transféré par Stephane Hankins/DIR_GEN_MOUV_CHF/GVA/ICRC le 16/02/2017 19:22 -----
A : Mary Wong <mary.wong@icann.org>
De : Stephane Hankins/DIR_GEN_MOUV_CHF/GVA/ICRC
Date : 30/01/2015 15:44
Cc : Cyrus Namazi <cyrus.namazi@icann.org>, Nigel Hickson <nigel.hickson@icann.org>, christopher.rassi@ifrc.org, Charlotte Lindsey Curtet/CIM_DIR/GVA/ICRC@ICRC, Katie Shea/DIR_GEN_MOUV_CHF/GVA/ICRC@ICRC
Objet : Lists of Red Cross and Red Crescent names included in Specification 5 - some recommendations for revision

Dear Mary,

We hope this message finds you well.

We have taken due note of the inclusion of the list of Red Cross and Red Crescent names under Specification 5 to the Model Registry Agreement as it is now available online and would like to thank you and your colleagues for your precious assistance.

After a careful review of the list placed online, we would like to draw your attention however to several omissions and are attaching below a revised listing in which

- different National Red Cross or Red Crescent Society names have been added or corrected (the name of the International Federation of Red Cross and Red Crescent Societies was also missing in several UN languages);
- the names of National Red Cross and Red Crescent Societies have been systematically inserted in English. This is in accordance with the NGPC's Resolution adopted in Los Angeles on 12 October 2014 to provide temporary protections for the Red Cross/Red Crescent names identified in the GAC's Singapore Communiqué  (i.e. to permanently protect from unauthorized used the terms associated with the International Red Cross and Red Crescent Movement [and that] the protections should [...] include "the 189 National Red Cross and Red Crescent Societies, in English and the official languages of their respective states of origin," and the "full names of the International Committee of the Red Cross and International Federation of the Red Cross and Red Crescent Societies in the six (6) United Nations Languages").

For the sake of clarity, we also propose to change the titles of the two tables of Red Cross and Red Crescent designations and names included under Specification 5 to

- (List 1) International Red Cross and Red Crescent Movement -  Names of the dictinctive emblems protected under international humanitarian law and of related designations
(in replacement of the current title: International Red Cross and Red Crescent Movement - National Red Cross and Red Crescent Societies Names)

- (List 2) International Red Cross and Red Crescent Movement – Names and identifiers of Red Cross and Red Crescent organisations
(in replacement of the current title: International Red Cross and Red Crescent Movement - International Committee of the Red Cross and International Federation of the Red Cross and Red Crescent Societies)

(3) For a full overview of our proposed revisions, we are attaching below our revised list (one with mark-up and highlighting our revisions, the other without):



Please do let us know if you would require any additional explanations. We will be attending the upcoming ICANN meeting in Singapore and would be available to discuss this further with you as might be required.

With best wishes in your preparations for the Singapore Meeting and kind regards,

Stéphane and Chris

Stéphane J. Hankins
Legal adviser
Cooperation and coordination within the Movement
International Committee of the Red Cross
Tel (direct line): ++0041 22 730 24 19
Email: shankins@icrc.org

Christopher M. Rassi
Senior Legal Officer
International Federation of Red Cross and Red Crescent Societies
Chemin des Crêts, 17 |1209 Petit Saconnex |Geneva|Switzerland
Tel. +41 (0)22 730 4536 | Fax +41 (0)22 733 0395 | E.mail: christopher.rassi@ifrc.org

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