July 2017 - Ws2-jurisdiction

OFAC: Background Reading -- a few FAQs and Overviews
by Greg Shatan Aug. 3, 2017

Aug. 3, 2017

All, I thought it might be helpful to provide some background information on OFAC in advance of Tuesday's meeting. These are intended to provide overall information on OFAC, not analysis of the relationship between OFAC compliance and ICANN. If there are other helpful general resources, please reply to this email. OFAC FAQ, General Questions: https://www.treasury.gov/resource-center/faqs/Sanctions/Pages/faq_general.a… A basic overview of OFAC compliance for US-based businesses (a little old (2011), but still helpful): https://www.law360.com/articles/262952/4-steps-toward-ofac-sanctions-compli… (Also attached as PDF in case the link can't be accessed) Good overview, though oriented toward banks and financial institutions, from FFIEC (Federal Financial Institutions Examination Council, a US inter-agency body empowered to prescribe uniform principles, standards, and report forms for the federal examination of financial institutions): https://www.ffiec.gov/bsa_aml_infobase/pages_manual/olm_037.htm Wikipedia https://en.wikipedia.org/wiki/Office_of_Foreign_Assets_Control IEEE and OFAC: https://www.ieee.org/about/corporate/compliance/legal/ofac/DF_IEEE_MIG_NAV_… Greg

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Issues List
by Greg Shatan Aug. 3, 2017

Aug. 3, 2017

All, Here is the proposed issues list in its current state, downloaded from Google Drive. Greg

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Agenda for Jurisdiction Subgroup Meeting on Tuesday, August 1 at 13:00 UTC
by Greg Shatan Aug. 1, 2017

Aug. 1, 2017

All, First, I confirm that the meeting remains on *Tuesday, August 1,* as there was no further support for moving it back to Wednesday, August 2. I have attached the following (in Word and PDF): 1. Agenda 2. Collected questions from the Subgroup for ICANN Legal regarding OFAC and sanctions matters. (These are largely unedited, so there are some ambiguities in some questions and some overlaps between various questions.) 3. Decisions, Action Items and Requests ("DAIR") from last week's meeting. Reminder: I have posted some background reading on OFAC that may prove useful. *A note on process: *Based on suggestions made last week, for this and future calls: a. *The call will start on time.* b. Decisions, Action Items and Requests from the prior meeting will not be reviewed on the call. They are attached here and any questions or comments should be raised on the list. c. We will get to the major items of substance as quickly as possible, and move process issues to the end of calls (or if need be, the list). I hope that this will make calls more productive. I look forward to our call. Greg

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Respecting peoples and their National Holidays
by Kavouss Arasteh July 31, 2017

July 31, 2017

Dear Greg, Thank you very much for your message. There are incoherence and inconsistencies and lack of standards or double standards in that message as briefly discussed below *Your introductory 7 opening part of the message.* *1.“I would like to see if there is significant support in the Subgroup for moving this week's call back to Wednesday, August 2 at 13:00 UTC based on the request from Kavouss Arasteh below”. * *Reply * *This is provocative in the sense that you know many people do not appreciate active participation of people with integrity at the meeting and they make every effort to negate and oppose to all his proposal in a categorical manner . Thus raising such such would turn the discussion into a total divergence manner * *2.”I note the following (1) if we move the call back to Wednesday, Sam Eisner can't join us and thus we would not have the OFAC-related discussion planned for this week,* *Reply* *While we welcome any information provided by ICANN staff but we should in no way be bow down and be subordinated or yielded by their wishes. If she is unable to attend, there would be neither earthquake nor Surname. She will do at the subsequent meeting.* *Moreover, what she intends to tell us we do not know? We do not expect to receive some cut and paste information from a very substantial well-structured information on OFAC .What we wanted were the questions that I raised, namely the application and implementation of certain OFAC terms and provisions to g TLD and cc TLD that was not agreed or rejected by you.* *We do not need partial ,incomplete information based on one ICANN Staff as we are sufficiently mature to get the description and functions of OFAC, as I mentioned we need to clearly know the application and implementation of certain OFAC terms and provisions to g TLD and cc TLD that was not agreed or rejected by you.* *3 “ (2) Mr. Arasteh approved the move from Wednesday to Tuesday in an email on Friday, July 28, and (3) Virgin of Los Angeles Day on August 2 is a national holiday in Costa Rica, not a regional or urban holiday (the Virgin of Los Angeles is the patron saint of Costa Rica”* *Reply.* *I have seen the same reply from another Member of the Group: a well coordinated view ha ha???* *Please note that I was referring to National Holidays of a respectful country from which there are three active participants at the meeting. I do not understand reference to Los Angles state as I referred to only to sovereign country and not a State7 County within a country. Moreover, while I fully respect the national holiday of those countries but there has been no participants from those countries in our over 30 meeting at all* *4” In the absence of significant support in the Subgroup, we will keep the call schedule as is”.* *Reply* *Your statement is inappropriate because a9 when you moved the meeting from Wednesday to Tuesday (Because of Mrs. Samantha Eisner????) ,**you did not ask whether there was significant support ????? **Then why you asking for significant support knowing that several people are against my intervention because they are against THE SINGER and Not THE SONG.* *Then **I asked you to shift the sense of the question and ask whether there is significant opposition to my request. *In addition I do not know out of 25 participant what constitutes *“Significant* * *5. I simply said tomorrow is the National Holiday of Switzerland and since there are several participants from that country at the meeting, we need to respect that National Day. If you do not respect that and compare NATIONAL Day of Switzerland wit** Virgin of Los Angeles, I am sorry to say it is a disproportionate comparison* *Once again ,if you want to ask question about my proposal to go bacjk to the initially planned day and not the day which just meets one ICANN Staff REQUIREMENT you need to raise the following question * *Kavouss Arasteh argued that the meeting was initially planned for Wednesday 02 Augusts since several day which people planned their agenda but since one ICANN staff was unable to attend that meeting on 02 August, the Secretariat and the rapporteur by using default position change the meeting day which unfortunately fall with Swiss National Holiday. Kavouss respectfully appealed to all to respect the National Holiday of Switzerland and go back to the initial meeting day which was planned / schedules long time ago* *Question* *“IS THERE STRONG AND SIGNIFICANT OPPOSITION TO Kavouss, proposal to revert back to Wednesday 02 August* *Please weigh in quickly as time is very tight for such scheduling changes.* *Regards* *Kavouss *

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CCWG-Accountability-WS2-Jurisdiction-Meeting Scheduled for Wednesday 2 August 1300
by Bernard Turcotte July 31, 2017

July 31, 2017

All, Unfortunately Sam Eisner cannot join our Wednesday 2 August 1300 meeting but could participate on Tuesday 1 August 1300 to cover the topics of OFAC and Choice of Law from the ICANN perspective. As such Greg is suggesting that we move our scheduled meeting to Tuesday 1 August 1300 and cancel the Wednesday 2 August 1300 meeting. Please advise acct-staff(a)icann.org by 23:59 UTC 27 July if you have serious objections to this change of date. Greg will consider the responses and confirm his decision regarding this by the EOB tomorrow to allow everyone to plan accordingly. For Greg Shatan Bernard Turcotte ICANN Support Staff to the CCWG-Accountability-WS2

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Re: [Ws2-jurisdiction] CCWG-Accountability-WS2-Jurisdiction-Meeting Scheduled for Wednesday 2 August 1300
by Bernard Turcotte July 31, 2017

July 31, 2017

Kavouss, Staff has no authority to move the meeting, this is either a plenary or sub-group decision. As staff I can however confirm the process that was used to move the meeting. There was a poll of Jurisdiction participants (see below) who were given several days to object to the moving the meeting - no one did within the time specified - the only responses to this request were positive. Greg, upon reviewing the result of the poll, as per the process in the poll, confirmed that the meeting would be moved and staff sent calendar invites to confirm this (below also) Thank You. Bernard Turcotte ICANN Staff Support to the CCWG-Accountability-WS2 ===================================== ** *From:* ws2-jurisdiction-bounces(a)icann.org [mailto:ws2-jurisdiction-bounc es(a)icann.org] *On Behalf Of *Bernard Turcotte *Sent:* Wednesday, July 26, 2017 6:26 PM *To:* ws2-jurisdiction <ws2-jurisdiction(a)icann.org>; ACCT-Staff ( acct-staff(a)icann.org) <acct-staff(a)icann.org> *Subject:* [Ws2-jurisdiction] CCWG-Accountability-WS2-Jurisdiction-Meeting Scheduled for Wednesday 2 August 1300 All, Unfortunately Sam Eisner cannot join our Wednesday 2 August 1300 meeting but could participate on Tuesday 1 August 1300 to cover the topics of OFAC and Choice of Law from the ICANN perspective. As such Greg is suggesting that we move our scheduled meeting to Tuesday 1 August 1300 and cancel the Wednesday 2 August 1300 meeting. Please advise acct-staff(a)icann.org by 23:59 UTC 27 July if you have serious objections to this change of date. Greg will consider the responses and confirm his decision regarding this by the EOB tomorrow to allow everyone to plan accordingly. For Greg Shatan Bernard Turcotte ICANN Support Staff to the CCWG-Accountability-WS2 =================================== From: MSSI Secretariat <mssi-secretariat(a)icann.org> Date: Thu, Jul 27, 2017 at 4:57 PM Subject: Jurisdiction Subgroup Meeting | 13:00 UTC | 1 August 2017 *Meeting moved to Tuesday, 1 August @ 13:00 UTC!!* *Please join the Work Stream 2 - **Jurisdiction Subgroup Meeting #40 <https://community.icann.org/x/QAIhB>** on Tuesday, 1 August @ 13:00 UTC*. Additional time zone support here <https://www.timeanddate.com/worldclock/fixedtime.html?msg=JURISDICTION+SUBG…>

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RESPONSE REQUESTED: Questions for ICANN Legal regarding OFAC and other sanctions
by Greg Shatan July 31, 2017

July 31, 2017

All, Please respond to this email thread with any questions you have for ICANN Legal regarding OFAC or other sanctions-related matters. As you know, Sam Eisner of ICANN Legal will be joining us in our call on Tuesday, August 1 to discuss these topics. It would be good to provide some of our questions to ICANN Legal in advance, and for the Subgroup to have an idea of the questions particular participants have. I look forward to your responses to this email, which I will pass on to ICANN Legal. Best regards, Greg

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Caption Notes-Recordings-Transcript links for Jurisdiction Meeting #39 - 26 July 2017
by MSSI Secretariat July 27, 2017

July 27, 2017

Hello all, The caption notes, recordings and transcripts for CCWG Accountability WS2 Jurisdiction Subgroup Meeting #39– 26 July 2017 will be available here: https://community.icann.org/x/j1jwAw A copy of the action items and raw caption notes may be found below. With kind regards, Brenda Brewer, Projects & Operations Assistant Multistakeholder Strategy & Strategic Initiatives (MSSI) Internet Corporation for Assigned Names and Numbers (ICANN) [cid:image001.png@01D306DA.7B16DF10] Skype: brenda.brewer.icann Phone: 1-310-745-1107 Action Items: * Staff – Re-Distribute to the sub-group list the original contributions from ICANN Legal regarding the choice of law in the registry and registrar agreements. Raw Captioning Notes Disclaimer: This rough edit transcript, which may contain missing, misspelled or paraphrased words, is only provided for your immediate review and is not certified as verbatim and is not to be cited in any way. * Word Doc<https://community.icann.org/download/attachments/66082959/Jurisdiction_26Ju…> * PDF<https://community.icann.org/download/attachments/66082959/Jurisdiction_26Ju…> Decisions: * Lack of choice of law in the ICANN registrar agreements and in the GTLD registry agreements should remain on the draft issues list with the understanding that the sub-group may decide not to pursue these. Requests: * Sub-group is requested to work on the issues using the list prior to the next meeting.

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CCWG-Accountability-WS2-Jurisdiction ICANN Legal Responses to Choice of Law
by Bernard Turcotte July 26, 2017

July 26, 2017

All, As promised on the jurisdiction call earlier today please find below the links to ICANN Legal's responses to the Jurisdiction sub-group's questions to it which included questions on Choice of Law: - The Jurisdiction sub-group submitted a list a questions to ICANN Legal on 24 February 2017 - https://community.icann.org/display/WEIA/Jurisdiction?preview=/59643282/640… - ICANN Legal responded to these on 10 April 2017 - https://community.icann.org/display/WEIA/Jurisdiction?preview=/59643282/640… - The Jurisdiction sub-group followed up with some additional questions on 24 April 2017 - https://community.icann.org/display/WEIA/Jurisdiction?preview=/59643282/649… - ICANN Legal responed to these on 22 May 2017 - https://community.icann.org/display/WEIA/Jurisdiction?preview=/59643282/660… Please note all of the above information is available on the Jurisdiction sub-group Wiki located at: - https://community.icann.org/display/WEIA/Jurisdiction Bernard Turcotte ICANN Staff Support to the CCWG-Accountability-WS2

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Google Lists for Call
by Greg Shatan July 26, 2017

July 26, 2017

The attached will be discussed on today's call. Greg

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