Dear Cyrus Please confirm that you have received my email below. wael On Sat, May 4, 2019 at 6:18 PM Wael Nasr <wael@comdots.co> wrote:
Dear Cyrus :
One of the grounds that ICANN listed as supporting a decision not to appoint a successor Registry Operator was:
"*--Registry Operator [GreenTech Consultancy Co. W.L.L. ("GreenTech")] does not sell, distribute or transfer control or use of any registrations in the TLD to any third party that is not an Affiliate of Registry Operator.*"
This is an incorrect statement. To correct the record, ICANN needs to be given the full background, as follows:
On August 25, 2016 GreenTech entered into a Joint Venture Agreement (" *JVA*") with 5 other persons/entities (including Mr. Anwar Ahmad) (the "JV Partners") to finance and continue GreenTech's application for two gTLD licenses for the Top-Level domains: "Mobily" in Ascii and IDN. A true copy of the JVA is attached to this email. In broad brush, the purpose of the JVA was to use GreenTech's existing application for the Mobily licenses. For these purposes, as shown by the JVA, GreenTech was just a "nominal" owner, a "shell" or "conduit" for obtaining the Mobily licenses and ultimately registering Mobily as the Registry Operator. Mobily is a major telecommunications company in Saudi Arabia, and its having "Mobily" Top Level Domain licenses will obviously be valuable in its cellular telephone/messaging business.
At no point in time was GreenTech ever contemplated as the true operator of the "Mobily" gTLD licenses. Indeed, GreenTech ran a defunct pizza restaurant, and was long ago de-registered by the Bahraini government for its numerous payments and filing defaults. The plan embodied in the JVA was first, to assign the GreenTech licenses to a Delaware (U.S.) company, Mobiledots L.L.C. (JVA Art. 2.1) (the "Company"), then to reassign them to a Bahrain Mobiledots company, and finally to have Mobiledots Bahrain reassign them to Mobily. Obviously, the "Mobily" gTLD licenses are much more valuable to an active Mobily company than to a defunct GreenTech company (currently deleted by Law in the Bahrain Government records as was reported to ICANN ).
In sum, Mobily was always the real party in interest (as the contemplated future Registered Operator) and GreenTech and the two Mobiledots companies were intended to be intermediate conduits for the future transfer of the two Mobily licenses to Mobily as their eventual Registered Operator.
Unfortunately, Mobily failed to pay the ICANN fees (as it had contracted with the JV Partners to do) and afterwards the JV Partners disagreed on how to arrange alternative financing and how to work with ICANN to restore the licenses. Since GreenTech was only a "shell" company without assets, and the JV Partners could not agree on how to bring its licenses out of default, GreenTech asked ICANN to terminate its licenses. The rest of the JV Partners (other than GreenTech and Mr. Ahmad) are willing to have Mobiledots become the Registered Operator of the Mobily licenses and intend to work with ICANN constructively to bring the licenses back into compliance.
Returning to ICANN's reason for its tentative decision to disallow any reinstatement of the licenses, Mobiledots very much desires (a) to have the two GreenTech licenses transferred to itself as Registered Operator (b) so that it can Finance and reinstate the two Mobily licenses into good standing, obtaining all needed ICANN qualifications.
MobileDots LLC partners were contracted by Mobily to obtain the Two licenses and operate the TLDs through MobileDots . MobileDots have contracted Greentech WLL to apply for the licenses and reassign them to MobileDots (and then Mobily) . Greentech is no longer a registered company and no longer wants to keep the licneses. Thus, our request to be the successor operator of the TLDs.
If you have further questions regarding Mobiledots' above request, please let me know what they are and how we can satisfy you further that we are the beneficial owner of the licenses (until we can transfer them to Mobily). Thank you for your careful attention to this matter.
Mobiledots L.L.C.
Wael Lotfy Nasr AbdelAtti Helali
By: Wael Lotfy Nasr AbdelAtti Helali
Chairman. -- --------------------------- Wael Nasr Managing Partner- TLDVIilla LLC http://icannwiki.com/Wael_Nasr http://www.linkedin.com/in/nasrwael US Office : +1 209 682 5144. Bahrain mobile :+973 393 16891
-- --------------------------- Wael Nasr Managing Partner- TLDVIilla LLC http://icannwiki.com/Wael_Nasr http://www.linkedin.com/in/nasrwael US Office : +1 209 682 5144. Bahrain mobile :+973 393 16891