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GAC Advice

The GAC provides advice to the ICANN Board on policy matters where there may be an interaction between ICANN’s policies and various laws, international agreements and public policy objectives. GAC Advice is communicated to the ICANN Board through either a Communique or a formal piece of Correspondence.

2014-03-27-wine-vin

GAC Advice

Reference No. :

2014-03-27-wine-vin

First Delivered 27 Mar 2014 via :

ICANN49 Singapore Communique

Consenus:

Consensus met

2014-03-27-wine-vin

4. Specific Strings

d. .wine and .vin

The GAC notes the NGPC Resolution 2014.03.22.NG01 concerning .wine and .vin as well as its rationale. In the final deliberation of the Board there appears to be at least one process violation and procedural error, including in relation to ByLaws Article XI-A, Section 1 subsection 6 which states:

“6. Opportunity to Comment. The Governmental Advisory Committee, in addition to the Supporting Organizations and other Advisory Committees, shall have an opportunity to comment upon any external advice received prior to any decision by the Board.”

The GAC therefore advises:

That the Board reconsider the matter before delegating these strings.

The GAC needs to consider the above elements more fully. In the meantime concerned GAC members believe the applicants and interested parties should be encouraged to continue their negotiations with a view to reach an agreement on the matter.

Next Steps/Required Action

Board response - Received on 5 April 2014

Responsible Party

Board

Current Status/Communications Log

Board Scorecard - Updated 14 May 2014

Scorecard response:
On 4 April 2014, the NGPC adopted resolutions in response to the GAC’s advice in the Singapore Communiqué concerning the applications for .WINE and .VIN. In its action, the NGPC: (1) accepted the GAC advice identified in the Singapore Communiqué as it relates to the applications for .WINE and .VIN; (2) considered whether there may have been a process violation or procedural error, and concluded that there has been no process violation or procedural error under the Bylaws; and (3) directed the President and CEO to not commence the contracting process for the applications for .WINE and .VIN for 60 days (from the date the resolutions are posted) in order to provide additional time for the relevant impacted parties to negotiate, which they are encouraged to do.

The NGPC also recommended that the full Board consider the larger implications of legally complex and politically sensitive issues such as those raised by GAC members, including whether ICANN is the
proper venue in which to resolve these issues, or whether there are venues or forums better suited to address concerns such as those raised by GAC members in relation to the .WINE and .VIN applications.