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Message from John Jeffrey to Mohd Sharil Tarmizi

From: John Jeffrey
Date: May 4, 2006 5:53:15 PM PDT
To: Mohd Sharil Tarmizi
Cc: icann-board
Subject: ICANN Response to GAC Communique and Recent Communication


Please find the attached message and letter forwarded on behalf of Paul Twomey.


We have attached a letter respding to the questions contained within the GAC Communique of 26 March 2006. If you have any additional questions or concerns relating to this letter, please let us know.

In response to your email below, please note that the posted version of the proposed .XXX Registry Agreement, as located on the ICANN website at announcement1-18apr06.htm , is the version that will be considered by the ICANN Board at the 10 May 2006 Board Meeting. This version is the version under consideration at ICM's request and there have been no additional negotiations since its receipt.

Consistent with the ICANN Bylaws at Article XI, Section 2, Paragraph 2 (j) and (k), the ICANN Board will formally recognize any public policy advice provided by the GAC and if the Board intends to move forward with the agreement, it must first determine whether the board action is consistent with any GAC public policy advice. If such approval of the agreement is determined not to be consistent with the GAC public policy advice than ICANN will be required to inform the GAC and state the reasons why it decided not to follow that advice. The Governmental Advisory Committee and the ICANN Board will then try, in good faith and in a timely and efficient manner, to find a mutually acceptable solution. If no acceptable solution can be found than the ICANN Board will state in its final decision the reasons why the Governmental Advisory Committee advice was not followed, and such statement will be without prejudice to the rights or obligations of Governmental Advisory Committee members with regard to public policy issues falling within their responsibilities.

If you have any questions regarding this email of the attached letter, please let us know.

Dr. Paul Twomey
President and CEO

On May 2, 2006, at 11:55 PM, Mohd Sharil Tarmizi wrote:

>Kuala Lumpur,
>3 May 2006
>Dear Vint and Paul,
>I note that ICANN had, on 18 April 2006 posted a revised
>proposed .XXX registry agreement submitted by ICM Registry. In
>this regard, I would like to seek clarification whether ICANN has
>accepted the provisions of the draft submitted by ICM Registry and
>if so, what they might be.
>I also note and welcome that on 20th April 2006, ICANN made an
>announcement in which it will respond to the Government Advisory
>Committee (GAC) regarding new TLDs and .xxx as well as the
>intention of the Chairman of the Board to bring this matter for
>the Board's consideration at the next Board Meeting on 10 May 2006.
>As indicated in past discussions, these timelines continue to pose
>a challenge to the GAC and governmental processes. Todate, I have
>not yet received the response. In this regard, the approach to
>these issues is in my view something which is worthy of
>consideration by the joint GAC-ICANN Board committee to foster
>closer cooperation between governments and ICANN.
>Notwithstanding the foregoing, I would like to specifically advise
>you that the GAC has taken note of the 20 April 2006 announcement,
>entitled "ICANN to Respond to Government Advisory Committee
>Regarding New TLDs and .XXX". Given the Wellington Communique and
>ICANN's obligations under Article XI, Section 2, paragraphs j and
>k of its Bylaws, the GAC would like to understand the process by
>which the ICANN Board intends to meet these obligations prior to
>taking final action on the .XXX Registry Agreement as so announced."
>Best regards,
>Mohamed Sharil Tarmizi
>Government Advisory Committee

John Jeffrey
General Counsel & Secretary
Internet Corporation for Assigned
Names and Numbers
4676 Admiralty Way
Marina del Rey, CA 91206

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