My question to Sam would be simple: Since its inception, has ICANN's operation been impacted by OFAC? If so, how? Since its inception, is ICANN aware of OFAC impacting the operation of any of the related DNS organizations -- registrars, registries, etc.? If so, how? Does ICANN Legal have an opinion on whether the IANA transition to the new structures will change how OFAC has (or has not) impacted its operation or those of the related DNS organizations? If so, what is that opinion? Thanks Paul Paul Rosenzweig paul.rosenzweig@redbranchconsulting.com O: +1 (202) 547-0660 M: +1 (202) 329-9650 VOIP: +1 (202) 738-1739 www.redbranchconsulting.com My PGP Key: https://keys.mailvelope.com/pks/lookup?op=get&search=0x9A830097CA066684 -----Original Message----- From: ws2-jurisdiction-bounces@icann.org [mailto:ws2-jurisdiction-bounces@icann.org] On Behalf Of Nigel Roberts Sent: Monday, July 31, 2017 3:19 AM To: ws2-jurisdiction@icann.org Subject: Re: [Ws2-jurisdiction] OFAC: Background Reading -- a few FAQs and Overviews 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.as px#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.as px#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-complia nce
(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_9 4987
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