Dear all,
EU sanctions may have affected registrars doing business with Iranian citizens.
An overview:
http://www.consilium.europa.eu/en/policies/sanctions/iran/
Mostly relevant (besides individual sanctions) – lifted on 16 January 2016:
restrictions in the financial sector: freezing the assets of the Central Bank of Iran and major Iranian commercial banks, laying down notification and authorisation mechanisms for transfers of funds above certain
amounts to Iranian financial institutions
A general license is a good idea, e.g. excluding explicitly registries and registrars and its financial transactions from financial sanctions in the legal instruments. Decisions are the competence of the Council of the
EU, proposed by the High Representative of the Union for Foreign Affairs and Security Policy. Like in the U.S. – it is not easy but possible.
Best,
Erich
Von: Paul Rosenzweig
Gesendet: Mittwoch, 20. September 2017 21:29
An: 'Greg Shatan';
'Kavouss Arasteh'
Cc: 'ws2-jurisdiction'
Betreff: Re: [Ws2-jurisdiction] OFAC Rec.s
I agree with Greg. It seems clear from what Erica said that this is not an OFAC issue at all but rather an EU sanctions issue (perhaps ICANN should also be getting a general license from the EU
😊) and since it is an individual registrar it isn’t an ICANN issue either
Paul
Paul Rosenzweig
paul.rosenzweig@redbranchconsulting.com
O: +1 (202) 547-0660
M: +1 (202) 329-9650
VOIP: +1 (202) 738-1739
My PGP Key:
https://keys.mailvelope.com/pks/lookup?op=get&search=0x9A830097CA066684
From: ws2-jurisdiction-bounces@icann.org [mailto:ws2-jurisdiction-bounces@icann.org]
On Behalf Of Greg Shatan
Sent: Wednesday, September 20, 2017 2:07 PM
To: Kavouss Arasteh <kavouss.arasteh@gmail.com>
Cc: ws2-jurisdiction <ws2-jurisdiction@icann.org>
Subject: Re: [Ws2-jurisdiction] OFAC Rec.s
Kavouss,
As a factual happening, I don't see why this should be reflected in our report. Resello's business decision does not seem to be related to OFAC, US jurisdiction or to any ICANN-related jurisdiction.
I asked you whether Resello's agreement with ICANN (the Registrar Accreditation Agreement (RAA)) prohibits Resello from establishing the policy you have mentioned. If ICANN does not prohibit
this policy, and it is not triggered by OFAC or some other connection to ICANN's jurisdictions, then it seems to be unconnected to our work.
I don't know whether there is an EU or Dutch law that requires this policy, or whether there is one that prohibits it. If there is one that requires it, that is not an "ICANN jurisdiction"
issue. If there is one that prohibits it and Resello is violating Dutch law, then it may be that Resello is violating the RAA requirement (Section 3.7.2) that Registrars abide by applicable law. But again, that's a Compliance issue.
Best regards,
Greg
On Wed, Sep 20, 2017 at 1:46 PM, Kavouss Arasteh <kavouss.arasteh@gmail.com> wrote: