[[--Translated text (es -> en)--]] Subject: =? Iso-8859-1? Q? Consulta_a_la_Regi = F3n_-_Eleccion? == Iso-8859-1? Q? Es_ALAC_!? = From: josefranciscoarce@gmail.com Dear, I am writing this time to participarlos in a situation that is has occurred in the past weeks in LACRALO concerning the situation of Humberto Carrasco as a candidate member of ALAC, taking up residence Edinburgh current and possible conflict with the operating principles of LACRALO in rule # 8 (cited below). I received mail from ICANN Staff even referring to this situation particular, and several emails from concerned members of the region and doubts prximas about elections. And it has become a topic that deserves the discusiny knowledge of the region. Before sending this email, I had a chance to talk personally with Humberto and he shares the idea of \u200b\u200bdebating between all this situation. Of all the consultations and talks I've been assembling a summary of the general issues and concerns and to share with you have a say. Regards JosArce. - President of LACRALO * Location * Humberto Carrasco Humberto estviviendo in Edinburgh, Scotland, and estestudiando a Doctorate at the University of Edinburgh. he himself has expressed this electronic mail enviun situation when the list of discussion of LACRALO, accepting the proposal as representing nominacin LACRALO to ALAC. http://atlarge-lists.icann.org/pipermail/lac-discuss-es/2012/004678.html There are also e-mails in the list of discussion LACRALO where l asked them to call for a conference LACRALO where provides a phone number in Scotland to receive the call. http://atlarge-lists.icann.org/pipermail/lac-discuss-en/2012/005262.html In addition to the Personal page of Facebook, where each user provides the data you want to provide a voluntary basis, Humberto has expressed that lives in Edinburgh, Scotland. https://www.facebook.com/humberto.carrasco.376 <http://atlarge-lists.icann.org/pipermail/lac-discuss-en/2012/005262.html> Also on your personal Facebook profile, Humberto has said that comenzsus studies at the University of Edinburgh in the year 2011. As is audience knowledge, to study a PhD in whatever branch, consuming more than a year of study, it is inferred that still estviviendo studying in Edinburgh and his Ph.D. at the University of Edinburgh. https://www.facebook.com/humberto.carrasco.376/info * Residency requirements for a PhD study at the University of Edinburgh (Scotland) * In accompanies the link details the residency requirements for studying a PhD at Edinburgh in the telecommunications sector estrealizando like Humberto. http://www.drps.ed.ac.uk/08-09/regulations/postgrad.php Among those requirements contained in Section 4 requires that candidates a PhD must maintain their residence in Edinburgh * ** During the period of study * (in doctorates have a minimum of 3 years of duration) unless a leave of absence has been allowed. * The term residence Edinburgh: residence in the city of Edinburgh or nearby, candidate and proximity to Edinburgh, to allow ease of face to face meetings with their supervisors and study, led by supervisor and approved by the Faculty *. This document from the University of Edinburgh also provides the possibility of residence elsewhere for PhD candidates by the end of fieldwork and research acadmicas but not exceeding the within 15 months, but must reside at least 9 months of the duration of his PhD in Edinburgh. To use this option debern candidates obtain the written authorization of the Director of School and the need to maintain regular contact with their own supervisor. Permits for reasons other than field work or research acadmicas, Sern exceptionally granted by the Faculty. * Requirements for representatives to ALAC LACRALO * The first rule that we must go is to our Principles Operating LACRALO, which have covered this situation so expresses exhaustive and clear. In case there are gaps in this topic in our Operating Principles, freshly ahse must resort to external rules such as Rules ALAC procedure, and then freshly ICANN's Bylaws. The ALAC Rules of Procedure have nothing planned for this subject. The ICANN Bylaws relating to the residence, but only respect to the Directors of the Board and to comply with the requirement of regional diversity and estcontemplada expressly required to to become members. * Operating Principles LACRALO * LACRALO Operating Principles have in principle number 8, referred to the first paragraph shall LACRALO representatives to ALAC so states: 8.The LACRALO elect two (2) individuals to serve as representatives to the At Large Advisory Committee (ALAC), in the terms that have been specified in the ICANN Bylaws. ALS only those which have been accredited before the votacin, podrn vote in the choice. Each ALS tendrderecho accredited to one vote. The selected representatives * must * be members of different ALS, * shall have their place of residence main in different passes of the region *, and their nationalities must be different. Tendrna representatives responsible for the duties stipulated in the bylaws of ICANN. * https://community.icann.org/download/attachments/2264378/Principios%2520Oper... * * Interpretation of ICANN's lawyers * Sam Eisner writes => STARTS ** ** The LACRALO may wish to Consider how issues of diversity are discussed This in the ICANN Bylaws for the Purposes of Determining domicile / residency: For Purposes of This sub-section 2 of Article VI, Section 2 of the ICANN Bylaws, if Any candidate for Director Maintains citizenship of more than one country, or Has Been domiciled for more than five years in a Which country of the candidate does not Maintain citizenship ("Domicile") That candidate may be Deemed to be from Either Must select country and in his / her Statement of Interest the country of citizenship or Domicile That he / she wants to use the Nominating Committee for Diversity Calculation purposes. For Purposes of This sub-section 2 of Article VI, Section 2 of the ICANN Bylaws, a person can only have one "Domicile," Which Shall be Determined by Where the candidate has a permanent residence and place of habitation. There are issues of citizenship of Considerations (Which do not seem to be With This candidate at issue) and WHERE I lives. The NomCom Requirement sets a 5-year window Which Could allow for items Such as schooling, etc.. The LACRALO may wish to Consider Whether a school's Requirement That a matriculant to live near the school education equals a historical weitere Requirement That the matriculant not Maintain Any sort of longer residence They may wish and elsewhere to Discuss this With The Candidate Before Taking a decision on Whether the candidacy is viable. Whatever decision is taken, I would recommend getting a full view of the facts from the candidate, and not basing a decision on independent internet FULLY research. I do not see in the document ops ALAC That There's Any discussion of Requirements residency, so I do not see a conflict there. ENDS ** ** The consultation on ICANN's lawyers express the statement above. Although they forget that when the situation presented esttbNL> expressly provided in our bylaws, we must turn in First, to them. In addition refer to the elections by the NomCom, which are governed by rules different from LACRALO. In this case, we are looking to choose for the region, a representative of LACRALO to ALAC.It must apply the rules governing our region, not the NomCom. The NomCom is aplicarn when choosing candidates for office, it is not our case. Apply rules of strange * JURISDICTION affect independence and autonomy that should have a RALO: the possibility of passing on their own statutes and abide by them *. * * * How should interpret the residency requirement? * Legally, the residence comprises two elements: the * body * and * animus *. Ie, physically meet in one location (with the body of the person in that place, living in a particular place) and in addition the person must make the intention, the * animus *, to remain there. In the documentation acompaada demonstrated that Humberto Carrasco, lives, resides, has his * corpus * in Edinburgh and in addition has the intention (the * animus *) to remain there, because it is an studying for his Ph.D. and finalize debercontinuar living in Edinburgh, as required by the regulations for residence Doctorates from the University of Edinburgh. Addition is proper and nature of the residence, a person not WHO can have two residence in different places and at the same time, mainly because a person only has a body. It ie in our case, Humberto can not have their residence, live in Edinburgh and in Chile, at the same time. Also come to the aid in determining the residence of individuals, generally in the tax laws of each country. Because is understood as a general rule, that all citizens are taxed in the country in which they live or have their principal residence. With few exceptions, in which a person living in a particular anti pas debertributar in another country, if the latter has source of income. If it is held that Humberto has a residence in Chile, we use the tax sharee'ah that country, especially that relating to tax on income from property in Chile or activities l developed, ie Chilean source. To understand the Chilean sharee'ah then residence, to tax purposes to: * "Resident" means any natural person to remain in Chile more than six months in a calendar year, WHO six months in total, in two consecutive tax years, * Therefore, we must ask, assuming that a person can not have two different residences and at the same time, if resident in Chile means being more than six months in the country, and on the other hand, residence regulations of the University of Edinburgh, will require Humberto live in Edinburgh or its vicinity during the term of their studies, how may reside at the same time in Chile and Edinburgh? * * * The point to be discussed is (from my point of view): * It violates the requirement of establishing residence Principles * Operating LACRALO have their primary residence in different passes of the region by Humberto Carrasco currently have their residence in Edinburgh? * I hope we can discuss this issue to make clear our processes. _______________________________________________ [[--Original text (es) http://mm.icann.org/transbot_archive/91863072bd.html --]]