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DOCUMENT ID: NRO03
6 November 2003
(OBSOLETE)
First Draft - Now replaced by NRO11
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, 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 and submitting these procedures
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.
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. Vacancies shall be filled for the unexpired
term by the RIR region from which the vacancy occurred, and shall
fill the unexpired term by giving the NRO Secretariat and the ICANN
Secretary written notice of the selected replacement.
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 as policies that have
the consensus of all RIRs 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, using review procedures as determined by ICANN.
6. Service Regions
The regions serviced by each RIR shall be defined
by the RIRs in a manner of their choosing. The RIRs 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
in October 1999 with the subsequent inclusion of LACNIC 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
Attachment A
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.
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