Thanks Anne. I would add that the SubPro Final Report itself gives a clear explanation of the intentions behind Implementation Guidance, which can be found in the Preamble, page 3: Implementation Guidance: The Working Group strongly recommends the stated action, with a strong presumption that it will be implemented, but recognizes that there may exist valid reasons in particular circumstances to not take the recommended action exactly as described. However, the party to whom the action is directed must make all efforts to achieve the purpose behind the recommended action (as expressed in the rationale and the recommendation to which the implementation guidance is linked, if applicable) even if done through a different course. In all cases, the full implications must be understood and carefully weighed before choosing a different course. Implementation guidance commonly refers to how a recommendation should be implemented. Implementation guidance typically uses the term “should” indicating that the Working Group expects the action to take place, noting the caveats above. This is of course relevant to our upcoming discussion of the section on the Root Zone Label Generation Rules, specifically paragraph 2.1 which proposes that applicants will not be permitted to submit an application for a string if its script has not yet been integrated in the RZ-LGR, and which diverges from SubPro Implementation Guidance 25.3, and its accompanying rationale: Implementation Guidance 25.3: If a script is not yet integrated into the RZ-LGR, applicants should be able to apply for a string in that script, and it should be processed up to but not including contracting. Applicants under such circumstances should be warned of the possibility that the applied-for string may never be delegated and they will be responsible for any additional evaluation costs. Rationale: …While the Working Group is fully supportive of requiring IDN TLDs to comply with RZ-LGR, it’s cognizant that this may impact potential applicants who want to apply for an application in a script that is not yet integrated into the RZ-LGR. The Working Group believes that applicants should be provided the opportunity to apply for a string in a script that is not yet integrated into the RZ-LGR, and it should be processed up to but not including contracting. It should of course not be delegated until it is compliant. The Working Group believes the burden in this case is on the applicant, who may have to wait for an indeterminate amount of time but is not aware of any other serious concerns. It is difficult to see, without further explanation from the staff team, how paragraph 2.1 achieves the purpose behind the recommended action in SubPro 25.3, bearing in mind that the SubPro WG had clearly considered that this would mean an applicant might apply for a string in an unintegrated script without any guarantee of delegation. Hopefully this is what we will discuss shortly. Susan Payne Head of Legal Policy Com Laude T +44 (0) 20 7421 8250 Ext 255 Follow us on Linkedin<https://t-uk.xink.io/Tracking/Index/pRkAAGVfAADw_RQA0> and YouTube<https://t-uk.xink.io/Tracking/Index/bhkAAGVfAADw_RQA0> From: SubPro-IRT <subpro-irt-bounces@icann.org> On Behalf Of Anne ICANN Sent: Thursday, January 25, 2024 11:00 PM To: Next Round Policy Implementation <NextRound_PolicyImplementation@icann.org> Cc: subpro-irt@icann.org Subject: Re: [SubPro-IRT] Post call | SubPro IRT Meeting #25 | 23 January 2024 Hi Lars and all IRT Team Members, Further to our discussion this past Tuesday, I am pasting below the language from Council's Response to the ICANN Staff Sub Pro ODP team in relation to the effect of Implementation Guidance. This is from the GNSO Council Response to Question Set #6 (not #4 as I had thought.) Hopefully this Response from Council is helpful generally on the topic of variation from Implementation Guidance. "In short, implementation guidance remains a strong recommendation as opposed to a requirement. As referenced in the Preamble to the Sub Pro Final Report, ICANN should specify any “circumstances where there may be valid reasons not to take such guidance exactly as described…” In such circumstances, Council believes that consultation with the IRT, the Guidance Process Team, or the Council itself (e.g. via a request for GNSO Input) is in order prior to the adoption of alternatives to the specified Implementation Guidance. In all cases, the implementation should be accomplished in a manner that achieves the objectives laid out in the implementation guidance even if the mechanism of implementation differs slightly from that contained in the final report." Thank you, Anne Anne Aikman-Scalese GNSO Councilor NomCom Non-Voting 2022-2024 anneicanngnso@gmail.com<mailto:anneicanngnso@gmail.com> On Wed, Jan 24, 2024 at 7:15 AM Next Round Policy Implementation <NextRound_PolicyImplementation@icann.org<mailto:NextRound_PolicyImplementation@icann.org>> wrote: Dear All, The recordings for Meeting #25 of the SubPro IRT held on Tuesday, 23 January 2024 at 13:00-14:00 UTC are published on the meeting wiki page<https://community.icann.org/x/WYPxDg>. These include: * Attendance * Audio recording * Zoom recording (including audio, visual, rough transcript, chat) For additional information, you may consult the mailing list archives<https://mm.icann.org/pipermail/subpro-irt/> and the main wiki page<https://community.icann.org/x/pQM5Dg>. 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