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FW: [gnso-osc] FOR ADOPTION May 14 - GCOT Ops Section 5 - disclosure of interest

  • To: <gnso-osc@xxxxxxxxx>
  • Subject: FW: [gnso-osc] FOR ADOPTION May 14 - GCOT Ops Section 5 - disclosure of interest
  • From: "Philip Sheppard" <philip.sheppard@xxxxxx>
  • Date: Tue, 11 May 2010 09:26:09 +0200

REMINDER and CLARIFICATION
In view of the dialogue with Chuck / Ron on the active declaration of an
interest, I suggest the OSC support the original GCOT proposal now we understand
its rationale.
Thus the report before the OSC by adoption is the original as attached.
Philip
 

  _____  

From: owner-gnso-osc@xxxxxxxxx [mailto:owner-gnso-osc@xxxxxxxxx] On Behalf Of
Philip Sheppard
Sent: Tuesday, May 04, 2010 3:08 PM
To: gnso-osc@xxxxxxxxx
Subject: [gnso-osc] FOR ADOPTION May 14 - GCOT Ops Section 5 - disclosure of
interest


Dear OSC members,
FOR REVIEW AND ADOPTION by May 14
 
Please find attached a revised Section 5  of the GNSO operating manual on
disclosures of interest.
The changes - best seen in the red line version - address specific issues
recently raised by Steve Metalitz.
For me this concludes the outstanding items and I believe it is ready for
adoption by the OSC and forwarding to Council.
For good order I propose until May 14 for you approvals or other comments.
Below are notes from GCOT on how they addressed the issues raised.
Philip
 
  _____  



1.  "investment interest" be defined to exclude ownership of a de minimis number
of shares in a publicly traded company.  Section 5.3.3.3.i. AGREED and changed.

2.  Recognize that there will be circumstances in which a requirement (under
section 5.3.3.3.ii) to disclose that (for example) a lawyer represents Google in
a matter totally unrelated to anything in the ICANN purview could present a
problem or at least a considerable delay in getting permission to disclose the
representation.  AGREED it is covered under 5.5.1 as an extenuating
circumstance.

3. Requirement to disclose "potential ... investment interest in  or
compensation arrangement with...." contracted parties (section 5.3.3.3.iii) will
need to be administered in a common-sense manner. AGREED, but the Work Team
noted that we cannot have an answer for every potentiality so they agreed not to
change the text but to look to common sense.

4.  Reference to "nomination/selection as a work team member" change to
"participation"?  AGREED and changed.

5.  Reference to "Declarations of Interest" in Section .5.2.1 change to
"Disclosures of Interest."  AGREED and rest of the document checked to make sure
all other instances are corrected.

In addition, the Work Team discussed comments received in the Public Comment
period, particularly by INTA, and agreed to add a request for the respondent's
declared country of residence in Section 5.3.3.



Attachment: GCOT ops section 5 interest 4-2010.doc
Description: MS-Word document

Attachment: GCOT ops section 5 interest 4-2010 redline.doc
Description: MS-Word document



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