ICANN | ICANN and NRO Reach Agreement on Formalization of Relationships

ICANN and NRO Reach Agreement on Formalization of Relationships

9 November 2007

ICANN is opening a public comment period on the formalization of its relationship with the Number Resource Organisation (NRO) and the Regional Internet Registries (RIRs) through an exchange of letters. At the ICANN meeting in Los Angeles, the negotiating teams reached agreement on the documentation of their relations and commitments under the exchange of letters, and agreed to seek approval of the arrangement from their respective Boards in accordance with the approval process of each of the parties.

Comments on the proposed letters may be submitted to nro-letters@icann.org until 23.59 UTC on 7 December 2007, and may be viewed at http://forum.icann.org/lists/nro-letters/.

Proposed Draft Letter From NRO to ICANN

This letter is conveyed to you by the Number Resource Organization (NRO), on behalf of the five Regional Internet Registries (RIRs), AfriNIC, APNIC, ARIN, LACNIC and RIPE NCC.

The NRO reaffirms the commitment of the RIRs to the long and mutually beneficial relationship with ICANN which we view as essential to the stability, security and interoperability of the Internet's addressing system and in particular to the continuing uninterrupted operation of the Internet number resource allocation mechanisms. In writing this letter we demonstrate our commitment to these principles.

To this end, we commit to:

Continue to support the activities of ICANN by means of an annual voluntary contribution. Payments shall be made quarterly in arrears; the receipt of payments will be documented by ICANN.
Conduct regular reviews with ICANN to mutually determine the level of future financial contributions appropriate to support ICANN's mission and its services to the RIRs. These reviews shall be carried out annually or as frequently as both ICANN and the RIRs agree is necessary.

We seek ICANN's acknowledgement that:

The Number Resource Organization performs the function of the Address Supporting Organization as stated in the ASO MoU and will direct all matters concerning the ASO to the Chair of the Executive Council of the NRO with the exception of those matters specifically designated to be performed by the Address Council which ICANN will direct to the Chair of the Address Council.
Numbering Resources are to be managed for the use and benefit of present and future operators and users of the Internet.
Each of the recognized RIRs is the entity responsible for allocation and assignment of Numbering Resources as well as facilitating development of policies for their geographical area of responsibility.
The recognized RIRs derive their authority from their members and other stakeholders in their geographical area of responsibility. As of 4 June 2001 the process to recognize new RIRs is documented in ICANNs Internet Coordination Policy - 2 available at http://www.icann.org/icp/icp-2.htm.

We seek ICANN's continuing commitment to:

Exercise its responsibilities in an open and transparent manner, in accordance with the provisions of the ICANN Bylaws.
Recognize, support and observe in its entirety the RIR system for management of Internet number resources, as defined by the ASO MoU, by adopted Global Address Policies, and by the adopted policies and procedures of each of the recognized RIRs.

Furthermore, we look forward to regularly review with you the results and consequences of the administrative processes and associated service levels of the IANA or other ICANN entities to the RIRs.

This letter is a step in formalizing our relationship with ICANN. We wish and will seek to establish a more appropriate formal relationship with ICANN within one (1) year from the date of this letter.

We may terminate our commitments to you by giving you notice in writing and if we do so, all our obligations under this letter shall cease.

For avoidance of doubt, nothing contained in this letter shall give rise to any liability, monetary or otherwise.

We look forward to continuing to work together in a co-operative and mutually beneficial relationship, in the interest of all our stakeholders.

Yours sincerely,

Proposed Draft Letter From ICANN to NRO

This letter is sent to you as chair of the Number Resource Organization to be conveyed to the five Regional Internet Registries (RIRs), AfriNIC, APNIC, ARIN, LACNIC and RIPE NCC.

The mission of ICANN according to its bylaws, available at http://www.icann.org/general/bylaws.htm, is, amongst others, to coordinate the allocation and assignment of Internet protocol ("IP") addresses and autonomous system ("AS") numbers (hereafter: Internet Number Resources).

ICANN’s reaffirms its commitment to the RIRs to maintain and enhance the stability, security and interoperability of the Internet’s addressing system, and, in particular, the management of Internet Number Resources for the use and benefit of present and future operators and users of the Internet.

To these ends ICANN commits to:

Allocate Internet Number Resources to the RIRs in accordance with the applicable global policies as defined by the ICANN Address Supporting Organization (ASO) MoU, available at http://www.icann.org/aso/aso-mou-29oct04.htm, including revisions of those policies proposed through the ASO Address Council and adopted by the ICANN Board.
Invite you to work with us to document and regularly review administrative procedures for the allocation of Internet Number Resources to an RIR . These procedures are the processes for allocation of Internet Number Resources, and service levels associated with those administrative processes.
Perform the allocation of Internet Number Resources to an RIR compliant with these agreed administrative procedures.

ICANN reaffirms its commitment to exercise its responsibilities in an open and transparent manner, in accordance with the provisions of the ICANN Bylaws. ICANN reaffirms and re-acknowledges the roles and responsibilities of the ASO, NRO, Address Council and other entities as described in the ASO MoU.

We welcome the voluntary contributions and as requested will document the receipt of payments. We look forward to review with you the level of future financial contributions.

ICANN acknowledges that the recognized RIRs derive their authority from their members and other stakeholders in their geographical area of responsibility. As of 4 June 2001 the process to recognize new RIRs is documented in ICANNs Internet Coordination Policy-2 available at http://www.icann.org/icp/icp-2.htm. Each recognized RIR is the entity responsible for allocation and assignment of Internet Number Resources as well as facilitating development of policies for its geographical area of responsibility.

We seek to further enhance our relationship for the mutual benefit of our organizations and respective communities. For that matter we wish and will seek to establish an appropriate legal arrangement within one (1) year from the date of this letter.

We may terminate our commitments to you by giving you notice in writing and if we do, all our obligations to you under this letter shall cease. In the event of termination of our commitments we acknowledge that we are to continue our duties regarding the allocation of Internet Number Resources to the extent this is in our powers and can be reasonably expected under the circumstances in order to maintain the stability and interoperability of the Internet’s addressing system, and in particular the continued and uninterrupted functioning of the allocation and assignment mechanisms for Internet Number Resources .

For avoidance of doubt nothing contained in this letter shall give rise to any liability, monetary or otherwise.

We look forward to continue to work together and hope for a long and mutually beneficial relationship with you.

Yours sincerely,

President and CEO

ICANN

Internet Corporation for Assigned Names and Numbers