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
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> 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
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
>>
>>
>>
>>
>> Greg
>> <4 Steps Toward OFAC Sanctions Compliance.docx>
>> _______________________________________________
>> Ws2-jurisdiction mailing list
>> Ws2-jurisdiction@icann.org <mailto:Ws2-jurisdiction@icann.org >
>> https://mm.icann.org/mailman/listinfo/ws2-jurisdiction
>
>
> _______________________________________________
> Ws2-jurisdiction mailing list
> Ws2-jurisdiction@icann.org
> https://mm.icann.org/mailman/listinfo/ws2-jurisdiction
>
_______________________________________________
Ws2-jurisdiction mailing list
Ws2-jurisdiction@icann.org
https://mm.icann.org/mailman/listinfo/ws2-jurisdiction
_______________________________________________
Ws2-jurisdiction mailing list
Ws2-jurisdiction@icann.org
https://mm.icann.org/mailman/listinfo/ws2-jurisdiction
_______________________________________________ Ws2-jurisdiction mailing list Ws2-jurisdiction@icann.org https://mm.icann.org/mailman/listinfo/ws2-jurisdiction