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DOCUMENT ID: NRO11
02 April 2004
1. Organization
Under this agreement between ICANN and the Number Resource Organization
(NRO), the NRO shall fulfill the role, responsibilities and functions
of the ASO as defined within the ICANN Bylaws as referenced at [ICANN-BYLAWS].
2. Purpose
This MoU is established for the purposes of:
- defining roles and processes supporting global
policy development, including the relationship between the Internet
addressing community (represented by the NRO) and ICANN within the operation
of this process;
- defining mechanisms for the provision of recommendations
to the Board of ICANN concerning the recognition of new RIRs; and
- defining accessible, open, transparent
and documented procedures for the selection of individuals to serve
on other ICANN bodies, including selection of Directors of ICANN and
selection of members of various standing committees and ad hoc ICANN
bodies.
3. Address Council
a. Composition
The ASO Address Council shall consist of the
members of the NRO Number Council.
b. Responsibilities.
The ASO Address Council is responsible for the
organizational roles of:
1. undertaking a role in the global policy development
process as described in attachment A of this document.
2. providing recommendations to the Board of ICANN concerning the
recognition of new RIRs, according to agreed requirements and policies
as currently described in document [ICP-2].
3. defining procedures for selection of individuals to serve on other
ICANN bodies, in particular on the ICANN Board, and implementing any
roles assigned to the Address Council in such procedures.
4. providing advice to the Board of ICANN on number resource allocation
policy, in conjunction with the RIRs.
5. developing procedures for conducting business in support of their
responsibilities, in particular for the appointment of an Address
Council Chair and definition of the Chair's responsibilities. All
such procedures shall be submitted to the Executive Council of the
NRO for approval.
c. Liaisons.
The ASO Address Council shall admit liaisons
from emerging Regional Internet Registries and liaisons from other
ICANN entities.
All liaison positions shall be determined by
liaison agreements as shall be made in writing with the NRO, based
on the recognition of mutual benefit.
All Liaison positions will be non-voting.
d. Removal of Address Council Members.
An ASO Address Council member may resign at any time by giving written
notice to the ASO Address Council, the NRO Secretariat, and the ICANN
Secretary. An ASO Address Council member originating from a particular
RIR region may be removed by that region according to its published
procedures. A vacancy on the ASO Address Council shall be deemed to
exist in the case of the death, resignation, or removal of any member.
When a vacancy occurs the position shall be filled by an interim appointment
by the RIR for the affected region. This interim appoint shall be
for the period until the next scheduled election for the ASO AC in
that region at which time if there is any remaining time in the term
the position shall be filled by election. The RIR of the affected
region shall give written notification of these activities to the
NRO Secretariat and the ICANN Secretary.
e. Compensation and Reimbursement.
No member of the Address Council shall receive
any compensation for his or her services as a member of the Address
Council. Address Council members shall, however, at their request,
be reimbursed by the NRO for actual, necessary, and reasonable travel
and subsistence expenses incurred by them in the performance of their
duties.
4. Secretariat
The NRO will provide all Secretariat services to support functions described
by this agreement.
5. Global Policy Development Process
Global policies are defined within the scope of this agreement as Internet
number resource policies that have the agreement of all RIRs according
to their policy development processes and ICANN, and require specific
actions or outcomes on the part of IANA or any other external ICANN-related
body in order to be implemented.
Global policies will be developed in the context of this agreement, according
to the processes defined by attachment A to this MoU.
Under this agreement the ICANN Board will ratify proposed global policies
in accordance with the Global Policy Development Process, using review
procedures as determined by ICANN. ICANN will publish these procedures
no later than ninety (90) days from the date of the signature of this
agreement by all parties.
6. Service Regions
The regions serviced by each RIR shall be defined by the RIRs in a manner
of their choosing. The NRO shall ensure that all possible service areas
are encompassed.
7. Arbitration
In the event that the NRO is in dispute with ICANN relating to activities
described in this MoU, the NRO shall arrange arbitration via ICC rules
in the jurisdiction of Bermuda or such other location as is agreed between
the NRO and ICANN. The location of the arbitration shall not decide the
laws to be applied in evaluating this agreement or such dispute.
8. Periodic Review of the ASO
With reference to the provisions of Article IV, Section 4 of the ICANN
ByLaws [ICANN-BYLAWS], the NRO shall provide its
own review mechanisms.
9. Periodic Review of the MoU
The MOU signatories will periodically review the results and consequences
of their cooperation under the MOU. When appropriate, the signatories
will consider the need for improvements in the MOU and make suitable proposals
for modifying and updating the arrangements and scope of the MOU. This
MOU may only be amended or supplemented in writing, signed by the parties.
10. Other provisions
From the date of signature this agreement supercedes and replaces the
MoU signed between ICANN, APNIC, ARIN and RIPE NCC 18 October 1999, amended
in January 2001, and the subsequent inclusion of LACNIC by Joinder in
October 2002.
11. General
Nothing in this MOU shall be construed to create between or among any
of the parties a partnership, joint venture, or impose any trust or partnership
or similar duty on any party, including as an agent, principal or franchisee
of any other party.
Other than as provided for in this MOU, the parties
shall not be bound by or be liable for, any statement, representation,
promise, agreement or other binding commitment of any kind on behalf of
any other party, without that parties prior written consent.
The non-exercise of or delay in exercising any power
or right of a party does not operate as a waiver of that power or right,
nor does any single exercise of a power or right to preclude any other
or further exercise of it or the exercise of any other power or right.
A power or right may only be waived in writing, signed by the party to
be bound by the waiver.
No party may transfer or assign any or all of its interest, rights or
obligation arising under this MOU without the prior written consent of
each other party to this MOU.
12. Referenced Documents
[ICP-2]
ICP-2: Criteria for Establishment of New Regional Internet Registries
Published by ICANN 7 July 2001. http://www.icann.org/icp/icp-2.htm
[ICANN-BYLAWS]
BYLAWS FOR INTERNET CORPORATION FOR ASSIGNED NAMES AND NUMBERS A California
Nonprofit Public-Benefit Corporation As amended effective 26 June 2003
http://www.icann.org/general/bylaws.htm
Global Policy Development Process
Definitions:
"Global policy" is described in Section 5 of the ASO MoU.
"ASO Address Council" is described in Section
3 of the ASO MoU.
1. A proposed global policy can be submitted either
to one of the RIR policy fora (via mail lists or public policy meeting)
or to the ASO Address Council directly. If it is presented to one of the
RIR policy fora a member of the ASO Address Council from that region will
notify the Chair of the ASO Address Council within ten days of the introduction
of the proposal. If it is presented to the ASO Address Council the members
of the Address Council will notify their respective RIRs within ten days
of the introduction of the policy proposal to the Address Council.
The Chair of the Address Council will place the global
policy proposal on agenda of the next Address Council meeting as an information
item.
2. The proposer has the duty to assist relevant communities
within each regional policy forum to make them aware of the deliberations
of their peers in the other regional policy forums.
The members of the Address Council will request that
the global policy proposal be placed on the agenda for next open policy
meeting in each region, in accordance with the applicable policy process.
In those cases where the advocate of the proposed
policy cannot travel to a particular RIR public policy meeting, then the
RIR shall appoint a person to present the proposal at the meeting.
3. It is recognized that the outcomes of consideration
of a proposed global policy may differ in terms of specific language and
detail from region to region. The staff of the RIRs will work with each
other, and with the policy proposer to document the common elements of
such outcomes.
4. This common text will be ratified by the Boards
of the RIRs as a consensus position of the RIRs.
5. This ratified common text is the proposed global
policy proposal that is forwarded to the ASO Address Council.
6. The ASO Address Council shall review the process
followed by the RIRs in terms of reaching a consensus position and a common
text to describe the proposed global policy, and undertake measures in
accordance with an adopted procedure to assure itself that the significant
viewpoints of interested parties were adequately considered.
a. Within sixty days after the NRO Executive Council
has advised the Address Council that global policy proposal has been adopted
by all of the regions the Address Council shall either:
1. pass it to ICANN for ratification as a global
policy, or
2. advise the NRO Executive Council that the Address
Council has concerns as an outcome of its review and that the proposal
requires further review within the public policy development process,
or
3. request the NRO Executive Council for an extension
of time to complete the review of the proposal.
7. The ASO Address Council shall forward the proposed
policy to the ICANN Board
8. The ICANN Board may review the policy proposal
and may ask questions and otherwise consult with the ASO Address Council
and/or the RIRs acting collectively through the NRO. The ICANN Board may
also consult with other parties as the Board considers appropriate.
9. Within 60 days of receipt of the proposed policy,
including such consultation as may occur in Step (8), the ICANN Board
may either:
a. accept the proposal by a simple majority vote;
or
b. reject the proposed policy by a supermajority
(2/3) vote; or
c. by a simple majority vote request changes to the
proposed policy; or take no action.
10. If the ICANN Board takes no action (that is,
fails to take actions (a), (b) or (c)) within the 60-day window, the proposed
policy is deemed to be accepted by the ICANN Board and it becomes global
policy. In case (c), should at least one of the RIRs agree that changes
need to be made, the status of the proposed policy reverts to Step 1.
If none of the RIRs accept the case for changes, then the proposed policy
continues to Step 10.
11. If the ICANN Board rejects the proposed policy
following Step 9(b), it must deliver to the ASO Address Council a statement
of its concerns with the proposed policy, including in particular an explanation
of the significant viewpoints that were not adequately considered during
the regular RIR process, within 60 days of the Board action.
12. The ASO Address Council, in conjunction with
the RIRs and working through agreed procedures, shall consider the concerns
raised by the ICANN Board, and engage in a dialogue as appropriate with
the ICANN Board.
13. If the NRO Executive Council indicates that there
is RIR consensus, the ASO Address Council may forward a new proposed policy
(either reaffirming the previous proposal or a modified proposal) to the
ICANN Board. Alternatively, the NRO Executive Council may indicate that
the policy proposal shall be reconsidered by the RIRs, and the proposed
policy reverts to Step 1.
14. The resubmitted proposed policy then becomes
a global address policy unless, by a supermajority (2/3) vote, the ICANN
Board rejects this resubmitted proposal within 60 days of receipt of the
new proposed policy, in which case it does not become a global addressing
policy.
15. If the resubmitted proposed policy is rejected
for a second time by ICANN, then the RIRs or ICANN shall refer the matter
to mediation using an agreed procedure to resolve the matter.
Considerations:
16. Through the provisions of an agreement to be executed between the
RIRs and ICANN, it is recognized that the ICANN Board has the ability
to request that the ASO Address Council initiate a policy development
process through the RIRs, using the policy development procedure described
above. Any such request must include an explanation of the significant
viewpoints that call for policy development. This provision, and the similar
provision in Step 10. of the policy development procedure described above,
are intended to ensure that the ICANN Board acts in these circumstances
only with substantial, credible, and defensible support from the community.
17. In bringing a policy proposal to the regional
policy forums it is expected that the ICANN Board will nominate a presenter
of the ICANN proposal.
18. All global policies in full force and effect
on the day this agreement is executed shall continue in full force and
effect until specifically superceded by global policy outcomes from the
process described here.
19. All global policies adopted will be published
in the NRO and the ICANN web sites.
20. Global policies adopted previous to this MOU
will also be published in these sites, with a clear indication that they
were adopted prior to the current policy procedure.
Address Council
Transition
In order to maximize stability and minimize disruption, the following
method for transition from the current to the new Address Council is agreed.
1. The two shortest serving
Address Council members from each region will be appointed to the NRO
Number Council.
2. Upon expiration in 2004 of the seat of the longest serving Address
Council member in each region, the respective RIR board will appoint a
third member of the NRO Number Council, by a method of its own choosing.
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