[gnso-irtpd] Charter Question e)

[Lars HOFFMANN <Lars.hoffmann@xxxxxxxxx>]

Dear all,
 
The proposed 2013 RAA (currently open for public comment
<http://www.icann.org/en/news/public-comment/proposed-raa-22apr13-en.htm> )
includes a refinement of ICANN¹s powers to suspend and terminate Registrars
agreements. In light of our IRTP Part D Charter question e), this might be
of relevance to the Group¹s work: ³Whether existing penalties for policy
violations are sufficient or if additional provisions/penalties for specific
violations should be added into the policy²
 
It may be worth noting that the Charter question was drafted at the time of
the 2001 RAA which ­ see also attachment ­ did not have any other
sanctioning options than for ICANN to terminate the agreement with an
offending Registrar. The 2009 RAA provided additional remedies (suspension)
and this is now further refined in 2013.
 
Though the suspension and termination powers have not been significantly
altered I have copied the relevant section into a table and bold-ed the
changes from the 2009 to 2013 Agreement ­ see attachment.The complete
documents are of course available online: 2001 RAA
<http://www.icann.org/en/resources/registrars/raa/raa-17may01-en.htm> ; 2009
RAA 
<http://www.icann.org/en/resources/registrars/raa/ra-agreement-21may09-en.ht
m>  ; proposed 2013 RAA
<http://www.icann.org/en/resources/registrars/raa/proposed-agreement-22apr13
-en.pdf> .


Please note that some of the language may appear different but the
underlying intent seems to remain the same (in Marika and my non-lawyer
eyes). Only the language in bold is either new or mark an expansion of
existing provisions.
 
If you have any further questions we are of course happy to relay them to
the ICANN legal team or else you just might want to add this material to
your discussion of the relevant Charter question e).
 
Many thanks and best wishes,
Lars

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