Re: [gnso-improvem-impl-sc] Waivers/Exceptions to GNSO Operating Procedures: Revised Draft

[Amr Elsadr <aelsadr@xxxxxxxxxxx>]

Yeah…, I think that would work nicely.

Thanks Greg.

Amr

On Apr 24, 2014, at 2:50 AM, Shatan, Gregory S. <GShatan@xxxxxxxxxxxxx> wrote:

> I think the solution to this problem is to revise the language quoted below 
> and keep the waiver section as is.
>  
> For example:
>  
> “1. Explanation: The Councilor submitting the motion must also submit an 
> explanation for the resubmission of the motion. The explanation need not 
> accompany the motion when it is resubmitted; however, the explanation must be 
> submitted no later than the deadline for submitting the motion (i.e., no 
> later than 23h59 Coordinated Universal Time (UTC) on the day 10 calendar days 
> before the Council meeting at which the motion is to be reconsidered, unless 
> the requirements for late submission in Section 3.3.2 are also met). The 
> explanation does not need to meet any requirements other than being submitted 
> in a timely manner.”
>  
> Thoughts?
>  
> Greg
>  
> From: Amr Elsadr [mailto:aelsadr@xxxxxxxxxxx] 
> Sent: Tuesday, April 22, 2014 4:53 PM
> To: Shatan, Gregory S.
> Cc: Marika Konings; gnso-improvem-impl-sc@xxxxxxxxx
> Subject: Re: [gnso-improvem-impl-sc] Waivers/Exceptions to GNSO Operating 
> Procedures: Revised Draft
>  
> Hi Greg and all,
>  
> I know I’ve brought this up repetitively and I hate being a nag, but there’s 
> still an inconvenient loophole in this text regarding resubmission of 
> motions. On its meeting of March 26th, 2014, the GNSO Council approved the 
> SCI recommendation to amend the GNSO Operating Procedures by adding sections 
> 4.3.3 and 4.3.4 detailing the guidelines of motions being resubmitted. 
> Section 4.3.3, claus number 1 reads as follows:
>  
> “1. Explanation: The Councilor submitting the motion must also submit an 
> explanation for the resubmission of the motion. The explanation need not 
> accompany the motion when it is resubmitted; however, the explanation must be 
> submitted no later than the deadline for submitting the motion (i.e., no 
> later than 23h59 Coordinated Universal Time (UTC) on the day 10 calendar days 
> before the Council meeting at which the motion is to be reconsidered). The 
> explanation does not need to meet any requirements other than being submitted 
> in a timely manner.”
>  
> If the SCI determines that it would like the 10-day rule waiver to also apply 
> to motions being resubmitted (and not exclusively to motions being submitted 
> for the first time) in its recommendation to the Council, then there needs to 
> be clarifying text to that effect. If the SCI does not recommend that the 
> waiver should apply to resubmitted motions, then no further action is 
> necessary. If the former is true, and not the latter, the the way I read it, 
> the required clarification should either be added as a fourth bullet to 3.3.2 
> referencing 4.3.3, or perhaps an added numbered item to 4.3.4 (Limitations 
> and Exceptions to Resubmission of a Motion) referring to the waiver rule in 
> 3.3.2. Without these changes, I can’t see how the text of the operating 
> procedures will support the waiver rule being applied to resubmitted motions 
> in the event that the need arises.
>  
> Thanks.
>  
> Amr
>  
> On Apr 22, 2014, at 9:53 PM, Shatan, Gregory S. <GShatan@xxxxxxxxxxxxx> wrote:
> 
> 
> As discussed today on the SCI call, I agree with Marika’s comment below, and 
> I have deleted the sentence in question.  In the attached draft, I have 
> accepted all the changes from the prior draft and then deleted that sentence. 
>  There were no other comments on the list or on the call. 
>  
> I would suggest that this draft should be considered final (subject only to 
> “accepting” the deletion of the sentence so that this is a clean document) 
> for purposes of moving to the next step with this amendment to the Operating 
> Procedures.
> 
> Best regards,
>  
> Greg
>  
> Gregory S. Shatan 
> Partner 
> Reed Smith LLP
> 599 Lexington Avenue
> New York, NY 10022
> 212.549.0275 (Phone)
> 917.816.6428 (Mobile)
> 212.521.5450 (Fax)
> gshatan@xxxxxxxxxxxxx
> www.reedsmith.com
>  
>  
>  
> From: Marika Konings [mailto:marika.konings@xxxxxxxxx] 
> Sent: Thursday, April 17, 2014 4:34 AM
> To: Shatan, Gregory S.; gnso-improvem-impl-sc@xxxxxxxxx
> Subject: Re: [gnso-improvem-impl-sc] Waivers/Exceptions to GNSO Operating 
> Procedures: Revised Draft
>  
> Thanks, Greg. I'm still not clear to why it would say 'For the avoidance of 
> doubt, if the requirements above are not met, the motion shall not be 
> considered “submitted”? Why can't it be considered submitted, but just not 
> eligible to be considered for a vote at the meeting? The current practice is 
> also that if a motion is submitted after the deadline it may get discussed, 
> just not voted on during the meeting, but there is no need to resubmit it for 
> the next meeting as it is already considered submitted and automatically 
> carried over. Maybe I'm missing something?
>  
> Best regards,
>  
> Marika 
>  
> From: <Shatan>, "Gregory S." <GShatan@xxxxxxxxxxxxx>
> Date: Thursday 17 April 2014 03:40
> To: "gnso-improvem-impl-sc@xxxxxxxxx" <gnso-improvem-impl-sc@xxxxxxxxx>
> Subject: [gnso-improvem-impl-sc] Waivers/Exceptions to GNSO Operating 
> Procedures: Revised Draft
>  
> All:
>  
> Following up on our last meeting, I attach a revised version of the amendment 
> to the Operating Procedures dealing with “late” submission of a motion, with 
> my revisions marked in “track changes.” 
>  
> I look forward to your comments.
>  
> Best regards,
>  
> Greg
>  
> Gregory S. Shatan
> Deputy Chair | Tech Transactions Group
> IP | Technology | Media
> ReedSmithLLP
> The business of relationships
> 599 Lexington Avenue
> New York, NY 10022
> 212.549.0275 | Phone
> 917.816.6428 | Mobile
> 212.521.5450 | Fax
> gshatan@xxxxxxxxxxxxx
> www.reedsmith.com
>  
>  
> * * *
> This E-mail, along with any attachments, is considered confidential and may 
> well be legally privileged. If you have received it in error, you are on 
> notice of its status. Please notify us immediately by reply e-mail and then 
> delete this message from your system. Please do not copy it or use it for any 
> purposes, or disclose its contents to any other person. Thank you for your 
> cooperation.
> * * *
> To ensure compliance with Treasury Department regulations, we inform you 
> that, unless otherwise indicated in writing, any U.S. Federal tax advice 
> contained in this communication  (including any attachments) is not intended 
> or written to be used, and cannot be used, for the purpose of (1) avoiding 
> penalties under the Internal Revenue Code or applicable state and local 
> provisions or (2) promoting, marketing or recommending to another party any 
> tax-related matters addressed herein.
> Disclaimer Version RS.US.20.10.00
> <Motion waiver draft language - 22 April 2014.DOC>