+1 to this. Regards Sent from my mobile Kindly excuse brevity and typos On Sep 20, 2017 9:11 PM, "farzaneh badii" <farzaneh.badii@gmail.com> wrote: I suggest we do not get into interpreting EU sanctions. That is a whole separate issue and far beyond our mandate here. We have argued over this many times and came to a very good conclusion. When I asked that ICANN should deter the registrars from following OFAC when they do not have to Sam and others said that ICANN should not get involved with the registrars' internal policy especially when it contradicts with their local laws (I am paraphrasing not quoting them). So we came up with a very good language for ICANN to follow, it is in the doc: "ICANN needs to bring awareness of these issues to registrars. ICANN should clarify to registrars that the mere existence of their RAA with ICANN does not cause them to be required to comply with OFAC sanctions. ICANN should also explore various tools to remind registrars to understand the applicable laws under which they operate and to accurately reflect those laws in their customer relationships." This language is sufficient for ICANN. If some non-US based registrar sanction Iranians not because of the registrar's contract with ICANN, it is out of our hands to do something about it. We have a general recommendation which fits the purpose. Why are we opening this discussion again? I am sympathetic to this issue. One reason is that I was born and raised in Iran. So if Iranians cannot become resellers or registrants at all because of some registrars policies then I will do whatever I can to persuade those registrars to change their policy (if not against the applicable law), but this is not an issue to be discussed at ICANN and this group. Farzaneh On Wed, Sep 20, 2017 at 3:54 PM, Schweighofer Erich < erich.schweighofer@univie.ac.at> wrote:

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 <paul.rosenzweig@redbranchconsulting.com> *Gesendet: *Mittwoch, 20. September 2017 21:29 *An: *'Greg Shatan' <gregshatanipc@gmail.com>; 'Kavouss Arasteh' <kavouss.arasteh@gmail.com> *Cc: *'ws2-jurisdiction' <ws2-jurisdiction@icann.org> *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

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*From:* ws2-jurisdiction-bounces@icann.org [mailto:ws2-jurisdiction-bounc es@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:

Dear Greg

I do not know what question you raised.

If you believe that *Mark Assenberg* * from Resello which is a subsidiary company for Yourholding holding:*

*with the below address Ceintuurbaan 28 <https://maps.google.com/?q=Ceintuurbaan+28+8024+AA+Zwolle&entry=gmail&source=g>**,8024 AA Zwolle <https://maps.google.com/?q=Ceintuurbaan+28+8024+AA+Zwolle&entry=gmail&source...>, +31 38 453 0752 <+31%2038%20453%200752>*

*based in Netherlands.being a non US-Based company on the basis of which *section of the RAA refrain such a business decision (i.e., a registrar deciding not to do business with citizens of a given country (whether it is Canada, Haiti, Iran or otherwise)?

May you address this issue as a factual happening .

Pls kindly advise how you trest and reflect that in the report

Regards

Kavouss

On Wed, Sep 20, 2017 at 7:28 PM, Nigel Roberts <nigel@channelisles.net> wrote:

On 20/09/17 18:19, Greg Shatan wrote:

Can you please guide me to the section of the RAA that would prevent such a business decision (i.e., a registrar deciding not to do business with citizens of a given country (whether it is Canada, Haiti, Iran or otherwise)?

In the United Kingdom, never mind the RAA, this would be quite illegal (see s.13, prohibited conduct) unless such treatment is required by law (e.g. required by legally binding sanctions).

How can anyone in the 21st century believe that any "business decision" doctrine could allow making decisions on the basis of race/citizenship (or any other protected characteristic) is quite alien over here and incomprehensible.

http://www.legislation.gov.uk/ukpga/2010/15

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