Nigel

Are you suggesting that ICANN's dealings with registries, gTLD or ccLTD, may not even be a matter covered under OFAC, meaning even if an OFAC sanction is in force, it would not cover ICANN's dealings with a gTLD of ccTLD owned by a person within a sanctioned country? Do correct me if that is not what you are saying.

Well, we should then certainly ask ICANN legal this question:

Are ICANN's interactions with gTLDs and ccTLDs covered under sanctions assuming an OFAC sanction is in force over the country/ persons concerned?

This should clear the matter.

Greg, may I request ICANN legal also responds to the above question that arises from Nigel's email...

parminder

OFAC applies, it seems, to ALL countries, not a few

See answer 10 at
https://www.treasury.gov/resource-center/faqs/Sanctions/Pages/faq_general.aspx#licenses


The real key as to whether ICANN and/or PTI is seriously affected by OFAC depends not so much on the countries to which OFAC applies (to which, for the reasons above the answer is "ALL"), but to the true construction of the expression "prohibited transaction".

OFAC's own website gives a fairly general and broad definition: " trade or financial transactions and other dealings in which U.S. persons may not engage unless authorized by OFAC or expressly exempted by statute."

But what matters is the detail of the statute and the regulations issued under it.


Nonetheless, if ICANN, or PTI does not engage in prohibited transactions for which a license would be required, then the effect of the OFAC system is going to be negligible, or insignificant.

(Unfortunately, risk aversion, an over-abundance of caution, and a 'box-ticking' approach might result in an inappropriately disproportionate approach to compliance "just to make sure").

Which is a risk in itself.



On 31/07/17 07:53, Arasteh wrote:

Greg
Tks for the info which are available on GOOGLE but nor quickly as you
gathered.
Appreciation for that
I request you to kindly collect the names of countries to which OFAC
applies by ICANN
Kavouss

Sent from my iPhone

On 31 Jul 2017, at 08:40, Greg Shatan <gregshatanipc@gmail.com
<mailto:gregshatanipc@gmail.com>> wrote:

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 relationshipO
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.aspx#basic

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-compliance
(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_94987




Greg
<4 Steps Toward OFAC Sanctions Compliance.docx>
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