Hi Kristy,

Don’t you feel that « may not” is very light since an applicant who is majority owned or controlled by an entity that does not meet the Financial Need criteria couldn’t be accepted for support.

Can it be “must not” or “can’t” instead?

Tijani

De : Kristy Buckley via Subpro-irt-asp <subpro-irt-asp@icann.org>
Répondre à : Kristy Buckley <kristy.buckley@icann.org>
Date : jeudi 1 août 2024 à 01:53
À : "SubPro-IRT-asp@icann.org" <SubPro-IRT-asp@icann.org>
Objet : [Subpro-irt-asp] Follow-up | Financial Need indicator

Greetings ASP-IRT members,

We look forward to continuing our review and discussion tomorrow/1 August. In the meantime, I'm sharing on-list the proposed draft edits to the Financial Need indicator that we've been discussing.

If you would like to review it in the context of the ASP Handbook, here is the link to that comment, which we'll also discuss tomorrow during the meeting: https://docs.google.com/document/d/18aQYgEs-sTNmsCpggazQWREWI12f5t_z/edit?disco=AAABS1oefT8 [docs.google.com]

Also pasted below for easy reference, with suggested edits in bold and strikethrough:

"The applying entity may not be majority (more than 50%) owned or controlled (defined in Section 4.2 Criterion 2 indicator) by an entity that does not meet the Financial Need ~~above~~ criteria."

As noted in the comment linked above, we are proposing this draft language in light of recent discussions with the ASP-IRT. Though, we note that it will still need to be checked internally for consistency with other ICANN procedures. Since we already define "control" in Section 4.2 Public Responsibility it seems prudent to refer back to that same definition for Financial Need. In Public Responsibility we require that the applicant is not affiliated with or controlled by another RO, prospective gTLD applicant, or RSP that wouldn't meet the ASP criteria. In the Financial Need section, we are proposing that the applicant cannot be controlled by an entity (not just another RO/gTLD applicant) that does not meet the Financial Need criterion.

We look forward to picking up where we left off. Please feel free to share your thoughts on-list or on the call, whichever is most convenient.

Kind regards,

Kristy, on behalf of the ASP Project Team

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