Amendment 3 to ICANN/DOC
Memorandum of Understanding
(Entered 25 May 2001)
Memorandum of Understanding Between
the Department of Commerce and the Internet Corporation for Assigned
Names and Numbers
As an amendment to the Memorandum
of Understanding (MOU) between the U.S. Department of Commerce
(DOC) and the Internet Corporation for Assigned Names and Numbers
(ICANN), dated November 25, 1998, the Parties agree to amend
the following terms of Amendment 1 of the MOU, dated November
Section 1 of Amendment 1 to the MOU is amended as follows:
1. The agreements entitled ".com
Registry Agreement," ".net Registry Agreement,"
and ".org Registry Agreement" between ICANN and VeriSign,
Inc. and relating to the provision of registry services for the
.com, .net, and .org registries are hereby approved by the DOC
in substitution for the Registry Agreement between ICANN and
Network Solutions, Inc., effective date November 10, 1999. ICANN
will not enter into any material amendment of, or substitution
for, said agreements, nor will said agreements be assigned by
ICANN, without prior approval of the DOC.
Section 2 of Amendment 1 to the MOU is amended as follows:
2. ICANN shall not enter into any agreement
with any successor registry to NSI to operate the the .com, .net
or .org registries without the prior approval of the DOC of
such successor registry.
Section 3 of Amendment 1 to the MOU is amended as follows:
3. ICANN agrees that, in the event of
the termination by DOC of Cooperative Agreement NCR- 9218742
pursuant to Section I.B.8 of Amendment 19, as amended, to that
Cooperative Agreement, ICANN shall (1) exercise its rights under
the .com Registry Agreement with VeriSign to terminate VeriSign
as the operator of the registry database for the .com registry
and (2) cooperate with DOC to facilitate the transfer of those
registry operations to a successor registry.
Section 5 of Amendment 1 to the MOU is amended as follows:
5. If the DOC withdraws its recognition
of ICANN or any successor entity by terminating this MOU, ICANN
agrees that it will assign to the DOC any rights that ICANN has
in all existing contracts with the registries and registrars,
including any data escrow agreement(s) between VeriSign and ICANN
with respect to the .com, .net, and .org registries.
ICANN agrees that in the event of any inconsistency between
the terms of (1) the .com Registry agreement, .net Registry Agreement,
or .org Registry Agreement and (2) Cooperative Agreement NCR-9218742
between the DOC and VeriSign, while both the Cooperative Agreement
and at least one of the Registry Agreements are in effect, the
Cooperative Agreement shall take precedence over the terms of
the affected registry agreement.
ICANN agrees to submit to the DOC and the Department of Justice
a complete report of the results of each Annual Independent Neutrality
Audit pursuant to the terms of the .com Registry Agreement, .net
Registry Agreement and .org Registry Agreement, no later than
December 7 of each calendar year.
Except as specifically modified by this amendment, the terms
and conditions of the MOU, as previously amended, remain unchanged.
FOR NATIONAL TELECOMMUNICATIONS AND INFORMATION
Name: Robin R. Layton
Title: Acting Assoc. Admin, OIA
Date: May 25, 2001
FOR INTERNET CORPORATION FOR ASSIGNED NAMES
Name: M. Stuart Lynn
Title: President and Chief Executive Officer
Date: 24 May 2001
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Page Updated 25-May-2001
(c) 2001 The Internet
Corporation for Assigned Names and Numbers.
All rights reserved.