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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.

2012-06-28-Compliance

GAC Advice

Reference No. :

2012-06-28-Compliance

First Delivered via :

N/A

Consenus:

Consensus met

2012-06-28-Compliance

Communication

ICANN’s contract oversight and compliance role

    1. At the San Jose meeting, the GAC had asked the Board for an update on the status of the LEA/GAC recommendations that relate to due diligence by ICANN, and would appreciate a response.
    2. The importance of an effective industry oversight and compliance function will become more important with the upcoming introduction of new gTLDs, and an increase in the number of contracts that ICANN will need to oversee. With the accompanying likelihood of new entrants to the industry, it will be important for ICANN to ensure that its compliance policies and processes are clear, publicly known and consistently enforced.
    3. The GAC has provided the Board with examples of organisations that have separated their regulatory and operational responsibilities (see Annex 1). As previously advised at the San Jose meeting, the GAC considers that a principles-based approach to structuring ICANN’s compliance activities would support a robust and consistent oversight and compliance function.

The GAC advises the Board

    • to finalise improvements to its compliance and industry oversight functions before any new gTLDs are launched.

GAC Acknowledgement of Register Entry

27 July 2012

Responsible Party

ICANN Board

Current Status/Communications Log

Board-Response-to-GAC-Prague-Communique_20121013.pdf

ICANN acknowledges the GAC advice. We are continuing to improve the contractual compliance function and operations. We have recently filled three open contractual compliance positions, and are working toward ensuring we are ready for the increase in activities that will come with the New gTLD Program. With 15 full-time employees, the Contractual Compliance Department is the largest it has ever been, and includes expertise on systems and auditing tools to help make the department’s work more pro-active and efficient. We are developing an audit plan for registrars and registries that will first be tested with existing registries. This will inform future audits, and we are quickly improving our tools to help us more transparently report our successes.

In September, ICANN announced that the head of the Contractual Compliance Department is now a Vice-President, who reports directly to the President and CEO. The Contractual Compliance Department is no longer reporting to the General Counsel.

Communication

ICANN’s contract oversight and compliance role

    1. At the San Jose meeting, the GAC had asked the Board for an update on the status of the LEA/GAC recommendations that relate to due diligence by ICANN, and would appreciate a response.
    2. The importance of an effective industry oversight and compliance function will become more important with the upcoming introduction of new gTLDs, and an increase in the number of contracts that ICANN will need to oversee. With the accompanying likelihood of new entrants to the industry, it will be important for ICANN to ensure that its compliance policies and processes are clear, publicly known and consistently enforced.
    3. The GAC has provided the Board with examples of organisations that have separated their regulatory and operational responsibilities (see Annex 1). As previously advised at the San Jose meeting, the GAC considers that a principles-based approach to structuring ICANN’s compliance activities would support a robust and consistent oversight and compliance function.

The GAC advises the Board

    • to finalise improvements to its compliance and industry oversight functions before any new gTLDs are launched.

GAC Acknowledgement of Register Entry

27 July 2012

Responsible Party

ICANN Board

Current Status/Communications Log

Board-Response-to-GAC-Prague-Communique_20121013.pdf

ICANN acknowledges the GAC advice. We are continuing to improve the contractual compliance function and operations. We have recently filled three open contractual compliance positions, and are working toward ensuring we are ready for the increase in activities that will come with the New gTLD Program. With 15 full-time employees, the Contractual Compliance Department is the largest it has ever been, and includes expertise on systems and auditing tools to help make the department’s work more pro-active and efficient. We are developing an audit plan for registrars and registries that will first be tested with existing registries. This will inform future audits, and we are quickly improving our tools to help us more transparently report our successes.

In September, ICANN announced that the head of the Contractual Compliance Department is now a Vice-President, who reports directly to the President and CEO. The Contractual Compliance Department is no longer reporting to the General Counsel.