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 Subject: Re: =? Windows-1252? Q? Consulta_a_la_Regi = F3n_-_Elecci? == Windows-1252? Q? Ones_ALAC_!? = 
 From: cveraq@gmail.com

 I understood that Humberto had accepted the impossibility of participation. Otherwise wait for its delivery and support. 


 I do not see any attempt to restrict any participation. I see an exhibition of a colleague and friend and a discussion about it. 


 Carlos Vera 
 ISOC Ecuador 
 ----- Original Message ----- 
 From: Gilberto Lara <galara@conexionelsalvador.org>
 Sender: lac-discuss-es-bounces@atlarge-lists.icann.org 
 Date: Thu, 09 Aug 2012 7:18:52 
 To: <lac-discuss-es@atlarge-lists.icann.org>
 Subject: Re: [lac-discuss-en] 
 Consultation to Regin - Elections ALAC! 


 Respecting the request not to speak out while Humberto l not 
 answer, I just want to ask: 


 Should not a candidate Humberto finally, giving habrposibilidad 
 a time to see if anyone more out as a candidate???Personally 
 I think a trio of 3 was excellent choice for tuviramos 
 with more options. 


 Regards, 




 ------------------------------------ 
 GL 
 www.conexionelsalvador.org 
















 On 08/09/12 00:37, "Humberto Carrasco" <hcarrascob@gmail.com> escribitbNL> 
 > Dear all: 
 > 
 > First of all, let me say that I am not at all upset with 
 > Planning. The only thing criticism is to be done with such little 
 > Time to respond before the meeting of the day. No sermuy 
 > Little time to prepare an appropriate response? 
 > 
 > Anyway, I will answer today. 
 > 
 > I find it absolutely necessary to do this question to the region 
 > To leave no doubt that if I meet with the conditions laid for 
 > Be a candidate. Although I want to win for the secretary "as they say 
 > In Chile, "I'll try to explain the solids basis jurdicos 
 > Because I completely disagree with this requirement intepretacin 
 > That some do.
 > 
 > The only thing I ask is to give me time to 18:00 UCT before 
 > Issue a opinin through the list. I do not have the ability to 
 > Defend or comment on this situation. Therefore, under the "Law 
 > To due process "so fashionable now given is that the time requested. 
 > 
 > 
 > So, those who do not express an, I ask, who do not 
 > Do until after my email issue. 
 > 
 > A hug 
 > 
 > 
 > Dear all: 
 > 
 > First of all, let me say That I am not upset With This issue. The only 
 > Criticism, Is That I have little time to respond Before The 
 > Teleconference of today. Do you think I have enought time to preparing an 
 > Appropriate response? 
 > 
 > However, I will respond today. 
 > 
 > I find it absolutely NECESSARY to ask This question to the region to 
 > Leave no doubt That I Comply With The Requirements to be a candidate. 
 > Although someone wants to win via secretary "as we say in Chile," I will 
 > Try to Explain the legal foundations I completely disagree with Because 
 > This interpretation.
 > 
 > Please, give me time Until 18:00 UCT Before the review to send an 
 > List. I did not Have the Opportunity to defend or Comment on this 
 > Situation before. THEREFORE, under the "the right to due process" so 
 > Fashionable today, in latinamerica, I request this Time. 
 > 
 > 
 > THEREFORE, If You have not send your opinion regarding to the This Issue 
 > List, I beg you, please wait until my reply. 
 > 
 > 
 > A hug 
 > 
 > 
 > 
 > 
 > On 8/9/2012 1:00, Maple JosFrancisco escribitbNL >>> 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 >> running for ALAC member, having its 
 Home >> 
 Edinburgh >> current and possible conflict with the principles 
 Operating >> 
 >> LACRALO in rule # 8 (cited below).
 >> 
 >> 
 >> I have received mail from ICANN Staff even referring to this 
 Situation >> 
 >> Particular, and several emails from members of the region concerned and 
 Doubts >> 
 >> About prximas elections. And it has become an issue 
 Deserves >> 
 Discusiny >> the knowledge of the region. 
 >> 
 >> 
 >> Before sending this email, I had a chance to talk personally with 
 Humberto >> and shares the idea of \u200b\u200bdiscussing among all this situation. 
 >> 
 >> 
 >> 
 >> Of all consultations and talks I've had a summary of the arm 
 >> Situations and general concerns and share them with you to 
 That >> 
 >> Have a say. 
 >> 
 >> 
 >> 
 Greetings >> 
 >> 
 >> 
 >> JosArce. - 
 >> 
 President of LACRALO >> 
 >> 
 >> 
 >> 
 >> * Location * Humberto Carrasco 
 >> 
 Humberto >> estviviendo in Edinburgh, Scotland, and estestudiando a 
 PhD >> University of Edinburgh.he himself has expressed this 
 Enviun >> situation where electronic mail to the list of discussion of 
 LACRALO >> accepting the proposal as representing nominacin LACRALO 
 ALAC >> before. 
 >> 
 Http://atlarge-lists.icann.org/pipermail/lac-discuss-es/2012/004678.html >> 
 >> 
 Also there >> e-mails in the list of discussion LACRALO 
 Where l >> prompted to call for a conference of LACRALO 
 Where >> 
 Provides a phone number >> of Scotland to receive the call. 
 >> 
 Http://atlarge-lists.icann.org/pipermail/lac-discuss-en/2012/005262.html >> 
 >> 
 In addition on page >> personal Facebook, where each user 
 >> Provides the data you want to provide a voluntary basis, Humberto has 
 Expressed >> living in Edinburgh, Scotland. 
 >> 
 >>  https://www.facebook.com/humberto.carrasco.376 
 >> 
 >> 
 >> 
 >> <http://atlarge-lists.icann.org/pipermail/lac-discuss-en/2012/005262.html
 Also >>> 
 >> On his personal Facebook profile, Humberto has said that comenzsus 
 >> Studies at the University of Edinburgh in the year 2011.As is 
 Audience >> 
 >> Knowledge, studying a PhD in whatever branch, consuming 
 >> More than a year of study, it is inferred that still >>> living esttbNL 
 >> 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 the link that accompanies the detailed residence requirements 
 For >> 
 >> Studying a PhD in Edinburgh in the field of 
 Telecommunications >> 
 Humberto >> as estrealizando. 
 >> 
 Http://www.drps.ed.ac.uk/08-09/regulations/postgrad.php >> 
 >> 
 These requirements >> contained in section 4 requires that the 
 Candidates >> 
 PhD >> a * must maintain their residence in Edinburgh ** During the period of 
 Study >> * (in doctorates have a minimum of 3 years of duration) unless 
 That >> 
 >> A leave of absence has been allowed.* Means 
 Home >> 
 Edinburgh >>: residence in the city of Edinburgh or in their 
 >> Nearby, 
 Candidate >> and proximity to Edinburgh, to allow ease of 
 The >> 
 >> Face to face meetings with their supervisors and study, led by 
 >> Supervisor and approved by the Faculty *. 
 >> 
 This document >> Edinburgh University also provides the 
 >> Possibility of residence elsewhere for PhD candidates to 
 Purposes >> 
 >> Fieldwork and research acadmicas but not exceeding the 
 >> Within 15 months, but must reside at least 9 months 
 The >> 
 Duration >> of his PhD in Edinburgh. To use this 
 Possibility >> 
 Debern >> candidates obtain written authorization from the Director 
 Of >> 
 Faculty >> 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 >> * LACRALO representatives to ALAC * 
 >> 
 >> The first rule that we must go is to our Principles 
 Operating >> LACRALO, which have covered this situation so 
 >> Express, exhaustive and clear. 
 >> 
 >> In case there are gaps in this subject in our Principles 
 Operating >>, 
 Freshly >> ahse must resort to external rules such as Rules 
 ALAC >> procedure, and then freshly ICANN's Bylaws. 
 >> 
 Rules of Procedure >> ALAC have nothing planned for this 
 >> Issue. The ICANN Bylaws relating to the residence, but only 
 >> Regarding the Directors of the Board and to comply with the requirement 
 >> Of the 
 Estcontemplada >> regional diversity and expressly required 
 For >> 
 >> To become members. 
 >> 
 * >> * Operating Principles LACRALO 
 >> 
 Operating Principles >> LACRALO have in principle number 8, 
 First paragraph shall >> referred to 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. Only those that have ALS 
 Been >> 
 Accredited before >> votacin, podrn vote in the choice. Each ALS 
 Tendrderecho >> accredited to one vote. The representatives selected * 
 >> * 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 
 Responsibilities >> 
 >> Specified in the statutes of ICANN. * 
 >> 
 >>  https://community.icann.org/download/attachments/2264378/Principios%2520O 
 Imperatives >> 2520la%%% 2520de 2520LACRALO% 2520Rev1% 2520 -% 220ES% 2520.pdf? Version 
 >> = 1 & modificationDate = 1283972736000 
 * >> 
 >> 
 >> 
 >> 
 * >> Interpretation of ICANN's lawyers * 
 >> 
 Sam Eisner writes >> => 
 >> 
 STARTS ** >> ** 
 >> 
 >> The LACRALO may wish to Consider how issues of diversity are discussed This 
 In >> 
 ICANN Bylaws >> the Purposes of Determining for the domicile / residency: 
 >> 
 For Purposes of This >> sub-section 2 of Article VI, Section 2 of 
 ICANN >> the 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 country and must-select 
 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 
 ICANN >> the 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 >> Considerations of issues of citizenship (Which do not seem to 
 Be >> 
 At issue >> With This candidate) 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 >> live near the school to weitere historical education equals to 
 Requirement That the matriculant >> no longer Maintain Any sort of 
 Residence >> 
 They >> elsewhere and may wish 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 ** >> ** 
 >> 
 >> In the consultation 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 them. In addition refer to the elections office 
 Of >> 
 >> 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 >> strange, strange rules * JURISDICTION affect independence and 
 Autonomous >> RALO must have: the ability to dictate their 
 Own >> 
 >> Laws and abide by them *.
 >> 
 * >> 
 * >> 
 >> 
 * How should >> interpret the residency requirement? * 
 >> 
 >> Legally, the residence comprises two elements: the * body * and 
 * >> * Animus. 
 >> I mean, physically be in one place (with the body of the 
 Person >> 
 >> In that place, living in a particular place) and in addition such person 
 Should >> 
 >> Make the intention, the * animus *, to remain there. 
 >> 
 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 
 Is >> 
 His Ph.D. >> studying and living in finalizing debercontinuar 
 >> Edinburgh, as required by the regulations for residence 
 PhD >> University of Edinburgh. 
 >> 
 In addition >> is proper and nature of the residence, a person not 
 WHO >> residence can have two in different places and at the same 
 >> Time, 
 >> Mainly because a person only has a body.It 
 >> Say, in our case, Humberto can not have their residence, live in 
 Chile >> Edinburgh and at the same time. 
 >> 
 Also >> come in to help determine the residence of individuals, 
 >> Generally in the tax laws of each country. 
 Because >> 
 >> Is meant as a general rule that all citizens are taxed in the 
 >> Country where they live or have their principal residence. Except 
 >> Exceptions, 
 >> In which a person living in a given an pas, taxed debertbNL >>> 
 >> In another country, if the latter has source of income. 
 >> 
 >> If it is held that Humberto has a residence in Chile, we use the 
 Sharee'ah tax >> that country, especially that relating to 
 Tax >> 
 >> On income from property in Chile or 
 Activities >> 
 L >> developed, ie Chilean source.
 >> 
 Chilean sharee'ah >> For the residence time refers to the 
 >> Tax purposes to: 
 >> 
 >> * "Resident" means any natural person to remain in Chile more than six 
 >> Calendar months in a year, WHO six months in total, in two 
 Consecutive tax years >>, * 
 >> 
 >> So, we must ask, assuming that a person does not 
 Can >> 
 >> 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, 
 Home >> regulations of the University of Edinburgh, will require 
 Humberto >> live in Edinburgh or its vicinity during the period 
 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 fails the residency requirement to establish the Principles 
 Operating >> LACRALO * have their primary residence in 
 >> Different passes of the region to have Humberto Carrasco currently 
 His >> 
 >> Residence in Edinburgh? * 
 >> 
 >> I hope we can discuss this issue to make clear our 
 >> Processes. 
 _______________________________________________ >> 
 >> Lac-discuss-en mailing list 
 Lac-discuss-es@atlarge-lists.icann.org >> 
 >>  https://atlarge-lists.icann.org/mailman/listinfo/lac-discuss-es 
 >> 
 Http://www.lacralo.org >> 
 > 
 > _______________________________________________ 
 > Lac-discuss-en mailing list 
 > Lac-discuss-es@atlarge-lists.icann.org 
 >  https://atlarge-lists.icann.org/mailman/listinfo/lac-discuss-es 
 > 
 > Http://www.lacralo.org 
 > 






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