Dear IRT members,

One of the outstanding items concerns the potential consequences for applicants who may have violated theProgram’s Terms and Conditions, but whose non-compliance only surfaces after the execution of their Registry Agreement (see recording from 11 September). Those who spoke out agreed that ICANN should retain the ability to sanction registry operators in such circumstances, including the possibility of termination of the Registry Agreement.

The latest draft notes in Section 1.3(a) that the Registry Operator represents and warrants that “all material information provided and statements made in the registry TLD application, and statements made in writing during the negotiation of this Agreement, were true and correct in all material respects at the time made […]”. The RA subsequently establishes that if such information was false or materially misleading, this would constitute a breach of warranty. Section 4.3 of the Registry Agreement sets out ICANN’s remedies in the event of such a breach, which expressly include the right to terminate the Registry Agreement, in addition to other contractual sanctions.

We believe this comprehensively addresses the concerns raised by the group.

Best. Lars