[gnso-irtp-b-jun09] Feedback from ICANN Compliance
Dear All, In response to clarifications requested from ICANN Compliance in relation to enforcement / non-compliance with consensus policies, I can share the following: * All ICANN Consensus Policies are incorporated into the RAA, it makes no difference whether the obligation is reflected in a Consensus Policy (IRTP) or be made part of the RAA. Accordingly, ICANN Compliance will follow the same processes for escalated compliance actions and pursue whatever sanctions or remedies available under the RAA. * At the same time, in relation to the EAC, there might be certain limitations with regard to how easily compliance can pursue non-compliant registrars. For example, there might be valid reasons why the gaining registrar did not respond within 4 hours which means Compliance would have to try and verify or validate the explanation/reasons provided by the gaining registrar. As a result, compliance may not be able to make a quick and straight forward determination due to the nature of the issue or causes of non-compliance. * A possible enhancement could be to add 'absent extenuating circumstances' prior to 'Responses are required within 4 hours of the initial request extenuating circumstances', although it would be helpful if the WG would provide examples of what it would consider extenuating circumstances. You'll find attached the slide presentation that was mentioned during last week's meeting which outlines the different escalation paths available to the Compliance Staff under the RAA. With best regards, Marika Attachment:
Compliance Presentation - Munich.pdf
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