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Minutes | Board Accountability Mechanisms Committee (BAMC) Meeting 2 February 2018

Board Accountability Mechanisms Committee (BAMC) Attendees: Becky Burr, Sarah Deutsch, Chris Disspain (Chair), Léon Sanchez, and Mike Silber

Other Board Member Attendees: Cherine Chalaby, Lito Ibarra, Manal Ismail, and Göran Marby

ICANN organization Attendees: Akram Atallah (President, Global Domains Division), Casandra Furey (Associate General Counsel), John Jeffrey (General Counsel and Secretary), Aaron Jimenez (Board Operations Senior Coordinator), Tarek Kamel (Sr. Advisor to President & SVP, Government and IGO Engagement), Vinciane Koenigsfeld (Director, Board Operations), Elizabeth Le (Associate General Counsel), Wendy Profit (Manager, Board Operations), Lisa Saulino (Board Operations Senior Coordinator), and Amy Stathos (Deputy General Counsel)


The following is a summary of discussions, actions taken, and actions identified:

  1. Recent Correspondence re Community Priority Evaluation (CPE) Process Review – Becky Burr abstained from the discussion, noting potential conflicts. The BAMC noted that the Board has received letters over the last couple of days from a number of applicants with pending Reconsideration Requests regarding the CPE process. Some of the letters included lengthy reports that dealt mainly with the CPE of the respective sender's new gTLD community applications rather than the CPE Process Review Reports. The BAMC noted that the most recent submission came approximately two hours before the beginning of this meeting. After discussion, the BAMC agreed that the recent submissions do not impact the Committee's recommendations to the Board regarding the next steps in the CPE Process Review, and that the letters and reports will be considered as part of the reconsideration process for the applicable pending reconsideration request on the CPE process. The BAMC discussed the allegations made in some of the correspondence that the outcome of the CPE Process Review was predetermined to be favorable. The BAMC expressed strong opposition to these baseless allegations as the requestors have provided no evidence to support their allegations, and no such evidence exists. The BAMC requested that responses be sent to the requestors addressing these baseless allegations. The BAMC also requested that ICANN organization revise the current Board paper to address the recent correspondence.
    • Actions:
      • ICANN org to facilitate preparation of the responses to the letters addressing the baseless allegations that the outcome of the CPE Process Review was predetermined to be favorable.
      • ICANN org to revise the current Board paper to address the recent correspondence.
  2. Further consideration of Gulf Corporation Council (GCC) v. ICANN Independent Review Process (IRP) Final Declaration (.PERSIANGULF) – The Committee considered and discussed some of IRP Panel's factual premises and conclusions in the Final Declaration. The Committee asked ICANN org to conduct a further comprehensive evaluation of the Final Declaration to identify all the IRP Panel's factual premises and conclusions in the Final Declaration.
    • Action: ICANN org to provide the BAMC with a memo setting forth the IRP Panel's factual premises and conclusions in the Final Declaration.
  3. Litigation Update –The BAMC received a litigation update.

Published on 7 March 2018