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INTERNET CORPORATION FOR ASSIGNED NAMES AND NUMBERS | MINUTES OF MEETING OF EXECUTIVE COMMITTEE

A meeting of the Executive Committee of the Board of Directors of the Internet Corporation for Assigned Names and Numbers ("ICANN") was held by teleconference on 6 May 2003. The following members of the Committee were present by telephone: Vint Cerf, Hans Kraaijenbrink, Sang-Hyon Kyong, Alejandro Pisanty (joined meeting while in progress), Nii Quaynor, and Paul Twomey. Also present on the teleconference was Louis Touton, ICANN's Vice-President, Secretary, and General Counsel.

The meeting was called to order by Dr. Cerf at 13:05 UTC (6:05 am U.S. Pacific Time).

Approval of Minutes

Dr. Cerf noted that draft minutes of the 19 February 2003 Executive Committee meeting had been circulated. Mr. Kraaijenbrink moved, with Dr. Kyong's second, that the Executive Committee adopt the following resolution:

Resolved [EC03.5] that the minutes of the Executive Committee meeting held on 19 February 2003 are hereby approved and adopted as presented.

The resolution was adopted by a 4-0-1 vote, with Dr. Twomey abstaining.

Reimbursement of Director's Expenses

The Executive Committee considered reimbursement of expenses incurred by Mr. Kraaijenbrink in attending an ARIN meeting in early April 2003 on behalf of ICANN. Mr. Touton noted that advance approval of these expenses (amounting to about US$5,880, depending on currency exchange rates) had not been practical, but that both Dr. Twomey and Dr. Cerf gave informal support to reimbursement before the expenses were incurred. Dr. Twomey noted that Mr. Kraaijenbrink's attendance had been valuable in promoting greater understanding of ICANN within the ARIN community.

At this point, Dr. Pisanty joined the meeting.

Dr. Kyong moved, with Dr. Pisanty's second, that the Executive Committee adopt the following resolution:

[1] Whereas, Article VI, Section 22 of the ICANN bylaws provides that the Board may authorize the reimbursement of actual and necessary reasonable expenses incurred by Directors performing their duties as Directors;

[2] Whereas, in resolution 01.109 the Board delegated to the Executive Committee the authority to approve reimbursements to Directors;

[3] Whereas, Director Hans Kraaijenbrink has incurred approximately US$5,880 in expenses while attending the ARIN meeting in Memphis, Tennessee USA from 6-8 April 2003;

[4] Whereas, the Executive Committee finds those expenses to be actual and necessary reasonable expenses in performance of Mr. Kraaijenbrink's duties as an ICANN Director;

[5] Resolved that the Executive Committee authorizes the reimbursement of Mr. Kraaijenbrink's expenses in attending the April 2003 ARIN meeting, upon presentation of documentation, in the approximate amount of US$5,880.

Mr. Touton inquired whether Mr. Kraaijenbrink had any other outstanding expenses. Mr. Kraaijenbrink noted he had incurred some expenses attending the ICANN Studienkreis in Berlin during 3-4 February 2003, but that he was not yet ready to present those expenses for reimbursement.

Dr. Cerf suggested that clause [5] be revised to indicate that reimbursement would occur only based on presentation of satisfactory documentation. This was accepted as a friendly amendment. The Executive Committee adopted the following resolution by a 5-0-1 vote, with Mr. Kraaijenbrink abstaining:

Whereas, Article VI, Section 22 of the ICANN bylaws provides that the Board may authorize the reimbursement of actual and necessary reasonable expenses incurred by Directors performing their duties as Directors;

Whereas, in resolution 01.109 the Board delegated to the Executive Committee the authority to approve reimbursements to Directors;

Whereas, Director Hans Kraaijenbrink has incurred approximately US$5,880 in expenses while attending the ARIN meeting in Memphis, Tennessee USA from 6-8 April 2003;

Whereas, the Executive Committee finds those expenses to be actual and necessary reasonable expenses in performance of Mr. Kraaijenbrink's duties as an ICANN Director;

Resolved [EC03.6] that the Executive Committee authorizes the reimbursement of Mr. Kraaijenbrink's expenses in attending the April 2003 ARIN meeting, upon presentation of satisfactory documentation, in the approximate amount of US$5,880.

Reimbursement of Former President's Expenses

Mr. Touton stated that he had approved payments to Stuart Lynn, ICANN's former President, in the amount of US$5,153.49, based on documented expenses of which Dr. Lynn had requested reimbursement. Mr. Touton requested that the Board approve reimbursement of that amount under the procedure adopted in resolution EC01.13.

Mr. Kraaijenbrink moved, with Dr. Pisanty's second, that the Board adopt the following resolution:

Whereas, Article XIII, Section 8 of the ICANN bylaws provides that reimbursements of the President's expenses shall be approved by the Board or by another Officer designated by the Board;

Whereas, in resolution 01.109 the Board delegated to the Executive Committee the authority to approve reimbursements to the President;

Whereas, in resolution EC01.13 the Executive Committee authorized the Vice-President and General Counsel to approve advances to the President toward expenses the President has incurred in connection with performance of his duties, provided that the amount advanced at any time does not exceed US$20,000;

Whereas, the President has submitted requests for reimbursement of his expenses in the amounts of US$3,573.57 and US$1,579.92;

Whereas, the Vice-President and General Counsel has reviewed these requests, found them to be appropriate, and recommended to the Executive Committee that they be approved;

Whereas, advances to the President totalling US$5,153.49 have been made with the approval of the Vice-President and General Counsel on the basis of these expenses;

Whereas, the Executive Committee has considered whether to approve the reimbursement of these expenses;

Resolved [EC03.7] that the Executive Committee, acting under the authority delegated to it by the Board in resolution 01.109, approves reimbursement to the President of the expenses incurred in the total amount of US$5,153.49.

The resolution was adopted unanimously.

Payment for Former President's Accrued Vacation

Mr. Touton then noted that Dr. Lynn's employment agreement, which expired when Dr. Lynn retired on 27 March 2003, provided for a payment to account for accrued but unused vacation. The agreement had a negotiated provision granting Dr. Lynn 2.5 days of vacation per month of employment. At the time of his retirement, he had accrued 59 days of vacation. As a result, Mr. Touton advised that ICANN owed Dr. Lynn US$55,596.15 (including both payments to Dr. Lynn and associated employment costs that will be deducted from the payment).

Dr. Kyong moved, with Dr. Pisanty's second, that the Executive Committee adopt the following resolution:

Whereas, resolution 03.52 permits Paul Twomey as President to authorize disbursements of ICANN's funds in amounts exceeding US$50,000, when so authorized by action of either the Board, the Finance Committee, or the Executive Committee;

Whereas, the General Counsel has advised the Executive Committee that the Corporation is indebted to Stuart Lynn under his employment agreement to make payments for accrued vacation in the gross amount of US$55,596.15;

Resolved [EC03.8] the Executive Committee authorizes Paul Twomey as President to authorize a disbursement of US$55,596.15 in ICANN's funds for the purpose of satisfying ICANN's obligation to Stuart Lynn for accrued vacation pay.

The resolution was adopted unanimously.

ISO 3166 Maintenance Agency

Mr. Touton noted that ICANN had received an inquiry from the ISO 3166 Maintenance Agency concerning whether ICANN would be willing to nominate an expert to support the ISO 3166 Maintenance Agency's work. In response to Dr. Pisanty's inquiry, Dr. Twomey stated that this assistance was estimated to require 5% of one individual's attention, that there would be on average one trip required annually, and that in addition ICANN would be expected to provide a meeting venue for the ISO 3166 Maintenance Agency approximately once per decade.

Mr. Touton noted that ICANN's use of the ISO 3166-1 list had become one of the most prominent implementations of that list, and that ICANN had an interest in promoting the stability of designations of two-letter codes on that list.

The Executive Committee then discussed whether offering this assistance would involve ICANN in the recognition of countries and similar geopolitical issues. Mr. Touton noted that he had discussed with the Maintenance Agency's staff ICANN's traditional avoidance of involvement in such geopolitical issues, and had been advised by them that the Maintenance Agency's current practice is not to independently recognize what entities are countries, but instead to rely on listings published by the Statistics Department of the United Nations for this purpose. He noted that the Maintenance Agency's role is limited to assigning two- and three-letter codes for the countries and territories, without any independent role in determining what countries and territories should be listed.

Dr. Twomey moved, with Mr. Kraaijenbrink's second, that the Executive Committee adopt the following resolution:

[1] Whereas, the International Standards Organization has suggested that ICANN might wish to support the ISO 3166 Maintenance Agency's work by providing an expert to participate in that Agency's work;

[2] Whereas, although the ISO 3166 Maintenance Agency relies on listings published by the Statistics Department of the United Nations to determine what countries' names to include on the ISO 3166-1 list, the Maintenance Agency has an important role in ensuring appropriate assignments of two-letter codes;

[3] Whereas, ICANN's work in coordinating the DNS root zone has provided it both significant experience with the ISO 3166 standard and an important interest in promoting stable and careful maintenance of the ISO 3166-1 list;

[4] Whereas, the Executive Committee believes that ICANN's participation in the ISO 3166 Maintenance Agency's work in this way would be beneficial to both ICANN and the Maintenance Agency;

[5] Resolved that the President is authorized to respond favorably to the suggestion that ICANN provide an expert to support the ISO 3166 Maintenance Agency's work.

In subsequent discussion, the Executive Committee agreed: (a) to change "providing an expert" in clause [1] to "nominating an expert", (b) to change "participation in" in clause [4] to "support for", and (c) to change "provide an expert" in clause [5] to "nominate an expert", all to more closely track the Maintenance Agency's request.  The Executive Committee also agreed to change "countries' names" in clause [2] to "names of countries and territories" to more accurately describe the ISO 3166-1 list.

In response to an inquiry from Dr. Pisanty, Mr. Touton advised that the proposed resolution was within the delegated authority of the Executive Committee. It was agreed that it would be within the President's authority to nominate the expert.

The Executive Committee then voted on the following resolution:

Whereas, the International Standards Organization has suggested that ICANN might wish to support the ISO 3166 Maintenance Agency's work by nominating an expert to participate in that Agency's work;

Whereas, although the ISO 3166 Maintenance Agency relies on listings published by the Statistics Department of the United Nations to determine what names of countries and territories to include on the ISO 3166-1 list, the Maintenance Agency has an important role in ensuring appropriate assignments of two-letter codes;

Whereas, ICANN's work in coordinating the DNS root zone has provided it both significant experience with the ISO 3166 standard and an important interest in promoting stable and careful maintenance of the ISO 3166-1 list;

Whereas, the Executive Committee believes that ICANN's support for the ISO 3166 Maintenance Agency's work in this way would be beneficial to both ICANN and the Maintenance Agency;

Resolved [EC03.9] that the President is authorized to respond favorably to the suggestion that ICANN nominate an expert to support the ISO 3166 Maintenance Agency's work.

The resolution was adopted unanimously. Dr. Pisanty observed that this resolution provides an appropriate mechanism for the Internet community to provide constructive input into the Maintenance Agency's work.

There being no further business, the meeting was adjourned at 13:58 UTC (6:58 am U.S. Pacific Time).

_______________________
Louis Touton
Secretary

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