On 4/14/07, At-Large Staff <staff@alac.icann.org > wrote:

Dear North American ALS colleagues:

Please find below the clarification promised on the status of MoUs
with ICANN, and the view of the GC on the proposal by Wendy Seltzer on
enforceability of the MoUs.

---------- Forwarded message ----------
From: Daniel Halloran < daniel.halloran@icann.org>
Date: 12-Apr-2007 23:28
Subject: Legal Status of ICANN RALO MOUs
To: Nick Ashton-Hart <nick.ashton-hart@icann.org>
Cc: Sue Jonklaas < sue.jonklaas@icann.org>

Nick,

You asked about the legal status of the MOUs that ICANN enters with
its regional at-large organizations.  Pursuant to ICANN Bylaws
Article XI, Section 2.4g <http://www.icann.org/general/
bylaws.htm#XI-2.4g>, ICANN's RALO MOUs are intended to address the
"the respective roles and responsibilities of ICANN and the RALO
regarding the process for selecting ALAC members and requirements of
openness, participatory opportunities, transparency, accountability,
and diversity in the RALO's structure and procedures, as well as
criteria and standards for the RALO's constituent At-Large Structures."

The RALO MOUs were not intended to be "enforced" in courts of law --
they do not include jurisdiction or dispute resolution language.
They are intended only to document the structure and processes of
these advice formulation and coordination organizations.  It would
probably not be prudent for either ICANN or the RALOs to structure
these relationships in a way that would expose ICANN or the RALOs to
potential liability and increased risk of litigation from non-parties
to these agreements.

I hope this information is helpful.  Please let me know if I can be
of any further assistance.

Best regards,
Dan Halloran

--
--
Regards,

Nick Ashton-Hart
PO Box 32160
London N4 2XY
United Kingdom
UK Tel: +44 (20) 8800-1011
USA Tel: +1 (202) 657-5460
Fax: +44 (20) 7681-3135
mobile: +44 (7774) 932798
Win IM: ashtonhart@hotmail.com / AIM/iSight: nashtonhart@mac.com /
Skype: nashtonhart
Online Bio:   https://www.linkedin.com/in/ashtonhart

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---
Draft MoU with ICANN:
http://www.icannwiki.org/NA_RALO_MOU

Draft Operating Principles:
http://www.icannwiki.org/NA_RALO_OP