My questions to ICANN legal on OFAC are: What if a business/ party from an country under OFAC sanctions applies for a gTLD? Will ICANN necessarily seek a waiver? What if a waiver is not given? What if a future US administration seeks to enforce OFAC on ICANN's ccTLD dealings with any country? What would happen to that ccTLD? (An article by Farzaneh in IGP blog for instance says that access to DNS"should not be hampered by the change of political administration in the U.S" meaning whatever soultions we suggest these must be future-proofed against political changes in the US.) What happens to an existing gTLD owned by a party in country on which US administration decides to apply OFAC sanctions (and a waiver if asked for is not got)? Thanks, parminder On Monday 31 July 2017 09:44 PM, Seun Ojedeji wrote:
Dear all,
Just one question I like to add is:
Can ICANN operation be impacted by OFAC? If Yes, how?
I will also appreciate if ways to address the impact(if any) can be stated as well.
Regards PS: Okay maybe that was 1.5 questions ;-) Sent from my mobile Kindly excuse brevity and typos
On Jul 31, 2017 3:58 PM, "Paul Rosenzweig" <paul.rosenzweig@redbranchconsulting.com <mailto:paul.rosenzweig@redbranchconsulting.com>> wrote:
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 <mailto:paul.rosenzweig@redbranchconsulting.com> O: +1 (202) 547-0660 <tel:%2B1%20%28202%29%20547-0660> M: +1 (202) 329-9650 <tel:%2B1%20%28202%29%20329-9650> VOIP: +1 (202) 738-1739 <tel:%2B1%20%28202%29%20738-1739> www.redbranchconsulting.com <http://www.redbranchconsulting.com> My PGP Key: https://keys.mailvelope.com/pks/lookup?op=get&search=0x9A830097CA066684 <https://keys.mailvelope.com/pks/lookup?op=get&search=0x9A830097CA066684>
-----Original Message----- From: ws2-jurisdiction-bounces@icann.org <mailto:ws2-jurisdiction-bounces@icann.org> [mailto: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 <mailto: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 <https://www.treasury.gov/resource-center/faqs/Sanctions/Pages/faq_general.as...>
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> > <mailto: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 <https://www.treasury.gov/resource-center/faqs/Sanctions/Pages/faq_general.as...> >> >> 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 <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 <https://www.ffiec.gov/bsa_aml_infobase/pages_manual/olm_037.htm> >> >> Wikipedia >> https://en.wikipedia.org/wiki/Office_of_Foreign_Assets_Control <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 <https://www.ieee.org/about/corporate/compliance/legal/ofac/DF_IEEE_MIG_NAV_9> 4987 >> >> >> >> >> Greg >> <4 Steps Toward OFAC Sanctions Compliance.docx> >> _______________________________________________ >> Ws2-jurisdiction mailing list >> Ws2-jurisdiction@icann.org <mailto:Ws2-jurisdiction@icann.org> <mailto:Ws2-jurisdiction@icann.org <mailto:Ws2-jurisdiction@icann.org>> >> https://mm.icann.org/mailman/listinfo/ws2-jurisdiction <https://mm.icann.org/mailman/listinfo/ws2-jurisdiction> > > > _______________________________________________ > Ws2-jurisdiction mailing list > Ws2-jurisdiction@icann.org <mailto:Ws2-jurisdiction@icann.org> > https://mm.icann.org/mailman/listinfo/ws2-jurisdiction <https://mm.icann.org/mailman/listinfo/ws2-jurisdiction> > _______________________________________________ Ws2-jurisdiction mailing list Ws2-jurisdiction@icann.org <mailto:Ws2-jurisdiction@icann.org> https://mm.icann.org/mailman/listinfo/ws2-jurisdiction <https://mm.icann.org/mailman/listinfo/ws2-jurisdiction>
_______________________________________________ Ws2-jurisdiction mailing list Ws2-jurisdiction@icann.org <mailto:Ws2-jurisdiction@icann.org> https://mm.icann.org/mailman/listinfo/ws2-jurisdiction <https://mm.icann.org/mailman/listinfo/ws2-jurisdiction>
_______________________________________________ Ws2-jurisdiction mailing list Ws2-jurisdiction@icann.org https://mm.icann.org/mailman/listinfo/ws2-jurisdiction