[apralo] Re: Draft bylaws for Wellington Asia-Pacific RALO Meeting
Example of MOU language for discussion by APRALO group: *SAMPLE* MEMORANDUM OF UNDERSTANDING FOR THE AP REGIONAL AT-LARE ORGANIZATION (APRALO) 1. Purpose and scope 1.1 This Memorandum of Understanding ("MOU") defines an agreement between the Signing Organizations and the Internet Corporation for Assigned Names and Numbers. Its intent is to establish, and define activities to be carried out by, the Asia-Pacific Regional At-Large Large Organization. It is recognized that ICANN will provide support for these activities and. 2. Definition of terms and abbreviations used in this document: ICANN - Internet Corporation for Assigned Names and Numbers, a California non-profit corporation. ALAC – ICANN At-Large Advisory Committee. Signing Organizations – Organizations in the Asia-Australia-Pacific region certified by the ALAC as “At-Large Structures” that are signatories to this MOU. APRALO – Asia Pacific Regional At-Large Organization. APRALO Council – Council governing the APRALO Asia-Australia-Pacific Region – Countries recognized by ICANN as being in this geographic region. At-Large Structure (ALS) – An organization certified by the ALAC according to published criteria and standards. 3. Composition of APRALO. 3.1 The APRALO shall be comprised of At-Large Structures within the Asia-Australia-Pacific Region, and all interested citizens or residents are welcomed to join an ALS or form a new organization and apply for ALS certification. 3.2 To help ensure participation by any interested individual in the Asia-Australia-Pacific Region, the APRALO will encourage the formation and certification of additional At-Large Structures and their participation in the APRALO. 4. Agreed responsibilities of ICANN. ICANN agrees that during the term of this MOU it will work in conjunction with the APRALO to support At-Large activities within the Asia-Australia-Pacific Region, including: 4.1. Helping to inform individual Internet users in the Asia-Australia-Pacific Region about ICANN news, meetings, policy development activities, and opportunities for ICANN participation; 4.2 Helping to promote outreach activities in the community of individual Internet users in the Asia-Australia-Pacific Region to advance understanding of, and participation in, issues addressed by ICANN that affect individual Internet users; 4.3 Offering Internet-based mechanisms that enable discussions among members of At-Large structures in the Region and with those involved in ICANN decision-making, and encourage interested individuals to share their views on pending ICANN issues. 4.4 Supporting an APRALO Secretariat. 4.5 Certifying, through the ALAC, groups of individual Internet users in the Region as At-Large Structures using the minimum criteria and certification process posted by the ALAC. 4.5.1 The minimum criteria includes: - Commit to supporting individual Internet users' informed participation in ICANN by distributing to individual constituents/members information on relevant ICANN activities and issues, offering Internet-based mechanisms that enable discussions of one or more of these activities and issues among individual constituents/members, and involving individual constituents/members in relevant ICANN policy development, discussions and decisions. - Be constituted so that participation by individual Internet users who are citizens or residents of countries within the Geographic Region in which the ALS is based will predominate in the ALS' operation. The ALS may permit additional participation by others that is compatible with the interests of the individual Internet users within the region. ` - Be self-supporting (not rely on ICANN for funding). - Post on the Internet (on the ALAC's website or elsewhere) publicly-accessible, current information about the ALS's goals, structure, description of constituent group(s)/membership, working mechanisms, leadership, and contact(s). - Assist the APRALO in performing its function. 4.5.2 The process for certifying At-Large Structures includes: - Submit to the ALAC, in electronic form (provided by the ALAC), a completed ALS application (in English) and provide the ALAC with any requested documentation. - The ALAC will conduct due diligence, reviewing the application and performing necessary tasks in an effort to ensure that the established ALS criteria has been/will be met. This could include requesting references, interviewing the applicant's contact(s), gathering/requesting additional information on the applicant, and (for existing organizations) requesting information on applicant's leadership and operations, verifying general funding sources, and requiring the applicant to demonstrate the identity of their individual constituents. - Upon completion of its due diligence, all ALAC members will review the application and related documentation; the ALAC will then vote on certifying the applicant an ALS, with each ALAC member voting ELIGIBLE or NOT ELIGIBLE. - Decisions to certify an ALS require a 2/3 vote of all of the members of the ALAC and shall be subject to review according to procedures established by the Board. The ALAC will notify the applicant of its certification decision, and, if applicable, provide information on requesting a review of the decision. - Decisions to de-certify an ALS require a 2/3 vote of all of the members of the ALAC and shall be subject to review according to procedures established by the Board. Reasons for the ALAC to pursue de-certification action, and to de-certify an ALS, may include persistent non-compliance with significant ALS requirements. The ALAC will provide advance notice to the ALS in question, and the ALS will have an opportunity to be heard and respond to the ALAC prior to a decision on de-certification. The ALAC will notify the ALS of its de-certification decision and provide information on requesting a review of the decision. - On an ongoing basis, the ALAC may give informal advice and support to organizations seeking certification. It is intended that the ALAC work informally with organizations over time to assist with their efforts to comply with the criteria and achieve the necessary standing to seek certification. - ALS applications, ALAC decisions on applications, and other information, as appropriate, will be publicly posted by the ALAC. 5. Agreed responsibilities of the APRALO. The Signing Organizations agree that during the term of this MOU they will work in conjunction with ICANN to support At-Large activities within the Asia-Australia-Pacific Region, including: 5.1. Helping to inform individual Internet users in the Asia-Australia-Pacific Region about ICANN news, meetings, policy development activities, and opportunities for ICANN participation; 5.2 Helping to promote outreach activities in the community of individual Internet users in the Asia-Australia-Pacific Region to advance understanding of, and participation in, issues addressed by ICANN that affect individual Internet users; 5.3 Offering Internet-based mechanisms that enable discussions among members of At-Large structures in the Region and with those involved in ICANN decision-making, and encourage interested individuals to share their views on pending ICANN issues. 5.4 Selecting two members to serve on the ALAC. 5.4.1 Each At-Large Structure within the Asia-Australia-Pacific Region shall be responsible for participating in the selection of two (2) individuals to serve as members of the ALAC for such terms as are specified by ICANN’s by-laws. These individuals must be members of different At-Large Structures based in different countries in the Asia-Australia-Pacific Region, and they may not be citizens of the same country. 5.5 Periodically reviewing the results of their cooperation under the MOU and, when appropriate, recommending improvements in the MOU. 6. General provisions. 6.1 This Agreement requires the approval or ratification of the ICANN Board of Directors. 6.2 This MOU will remain in effect until either modified or cancelled by mutual consent of the Signing Organizations and ICANN. IN WITNESS WHEREOF, this Memorandum of Understanding is executed as of this … day of … 2006 by the undersigned, acting through their duly authorized representatives:
|