Appendix B to Minutes of Board Meeting
31 October 2002
Revisions to 23 October 2002 Proposed
New Bylaws
Note: This document shows revisions to the
23 October 2002 Proposed
New Bylaws Recommended by the Committee on ICANN Evolution and Reform,
as introduced for the Board's consideration in resolution
02.117. Additional revisions were made by amendment at the Board's
31 October 2002 meeting, resulting in the New Bylaws shown in Appendix
A. Only provisions revised from the 23 October 2002 proposal are
shown. Added language is underlined and in
magenta; deleted language is stricken
through and in red.
ARTICLE I: MISSION AND CORE VALUES, Section
2. CORE VALUES
In performing its mission, the following core values should guide the
decisions and actions of ICANN the ICANN Board of Directors (the "Board")
and the recommendations of the ICANN Supporting Organizations (the "Supporting
Organizations") and ICANN Advisory Committees (the "Advisory
Committees"):
1. Preserving and enhancing the operational
stability, reliability, security, and global interoperability of the
Internet.
2. Respecting the creativity and innovation
made possible by the Internet by limiting ICANN's activities to those
matters within ICANN's mission requiring or significantly benefiting
from global coordination.
3. To the extent feasible and appropriate,
delegating coordination functions to or recognizing the policy role
of other responsible entities that reflect the interests of affected
parties.
4. Seeking and supporting broad, informed
participation reflecting the functional, geographic, and cultural
diversity of the Internet at all levels of policy development and
decision-making.
5. Where feasible and appropriate, depending
on market mechanisms to promote and sustain a competitive environment.
6. Introducing and promoting competition
in the registration of domain names where practicable and beneficial
in the public interest.
7. Employing open and transparent policy
development mechanisms that (i) promote well-informed decisions based
on expert advice, and (ii) ensure that those entities most affected
can assist in the policy development process.
8. Making decisions by applying documented
policies neutrally and objectively, with integrity and fairness.
9. Acting with a speed that is responsive
to the needs of the Internet while, as part of the decision-making
process, obtaining informed input from those entities most affected.
10. Remaining accountable to the Internet
community through mechanisms that enhance ICANN's effectiveness.
11. While remaining rooted in the private
sector, recognizing that governments and public authorities are responsible
for public policy and duly taking into account governments' or public
authorities' recommendations.
These core values are deliberately expressed in very general terms,
so that they may provide useful and relevant guidance in the broadest
possible range of circumstances. Because they are not narrowly prescriptive,
the specific way in which they apply, individually and collectively,
to each new situation will necessarily depend on many factors that cannot
be fully anticipated or enumerated; and because they are statements
of principle rather than practice, situations will inevitably arise
in which perfect fidelity to all eleven core values simultaneously is
not possible. Any ICANN body making a recommendation or decision shall
exercise its judgment to determine which core values are most relevant
and how they apply to the specific circumstances of the case at hand,
and to determine, if necessary, an appropriate and defensible balance
among competing values.
ARTICLE III: TRANSPARENCY, Section 6.
NOTICE AND COMMENT ON POLICY ACTIONS
1. With respect to any policies that
are being considered by the Board for adoption that substantially
affect the operation of the Internet or third parties, including the
imposition of any fees or charges, ICANN shall:
a. provide public notice on the Website
explaining what policies are being considered for adoption and why,
at least twenty-one fourteen days (and if practical, earlier) prior to any action by the Board; and
b. provide a reasonable opportunity
for parties to comment on the adoption of the proposed policies,
to see the comments of others, and to reply to those comments, prior
to any action by the Board; and
c. in those
cases where the policy action affects public policy concerns, to
request the opinion of the Governmental Advisory Committee and take
duly into account any advice timely presented by the Governmental
Advisory Committee on its own initiative or at the Board's request.
2. Where both practically feasible and
consistent with the relevant policy development process, an in-person
public forum shall also be held for discussion of any proposed policies
as described in Section 6(1)(b) of this Article, prior to any final
Board action.
3. After taking action on any policy
subject to this Section, the Board shall publish in the meeting minutes
the reasons for any action taken, the vote of each Director voting
on the action, and the separate statement of any Director desiring
publication of such a statement.
ARTICLE IV: ACCOUNTABILITY AND REVIEW,
Section 2. RECONSIDERATION
1. ICANN shall have in place a process
by which any person or entity materially affected by an action of ICANN may request review or reconsideration
of that action by the Board.
2. Any person or
entity may submit a request for reconsideration or review
of an ICANN action or inaction ("Reconsideration Request")
to the extent that he, she, or it they have been adversely affected by:
a. one or more staff actions or inactions
that contradict established ICANN policy(ies); or
b. one or more actions or inactions
of the ICANN Board that have been taken or refused to be taken without
consideration of material information, except where the party submitting
the request could have submitted, but did not submit, the information
for the Board's consideration at the time of action or refusal to
act.
5. All Reconsideration Requests must
be submitted to an e-mail address designated by the Board's Reconsideration
Committee within thirty days after:
a. for requests challenging Board
actions, the date on which information about the challenged Board
action is first made public (in a public
meeting of the Board or via published in
a preliminary reports or minutes of the telephonic Board's meetings);
or
b. for requests challenging staff
actions, the date on which the party submitting the request became
aware of, or reasonably should have become aware of, the challenged
staff action; or
c. for requests challenging either
Board or staff inaction, the date on which the affected person reasonably
concluded, or reasonably should have concluded, that necessary action
would not be taken in a timely manner.
6. All Reconsideration Requests must
include the information required by the Reconsideration Committee,
which shall include at least the following information:
a. name, address, and contact information
for the requesting party, including postal and e-mail addresses;
b. the specific action or inaction
of ICANN for which review or reconsideration is sought;
c. the date of the action or inaction;
d. the manner by which the requesting
party will be affected by the action or inaction;
e. the extent to which, in the opinion
of the party submitting the Request for Reconsideration, the action
or inaction complained of adversely affects others;
f. whether a temporary stay of any
action complained of is requested, and if so, the harms that will
result if the action is not stayed;
g. in the case of staff action or
inaction, a detailed explanation of the facts as presented to the
staff and the reasons why the staff's action or inaction was inconsistent
with established ICANN policy(ies);
h. in the case of Board action or
inaction, a detailed explanation of the material information not
considered by the Board and, if the information was not presented
to the Board, the reasons the party submitting the request did not
submit it to the Board before it acted
or failed to act;
i. what specific steps the requesting
party asks ICANN to take-i.e., whether and how the action should
be reversed, cancelled, or modified, or what specific action should
be taken;
j. the grounds on which the requested
action should be taken; and
k. any documents the requesting party
wishes to submit in support of its request.
9. The Reconsideration Committee shall
review Reconsideration Requests promptly upon receipt and announce,
within thirty days, its intention to either decline to
consider or proceed to consider a Reconsideration Request within
thirty days after receipt of the Request. The
announcement shall be posted on the Website.
13. If the Reconsideration Committee
requires additional information, it may elect to conduct a meeting
with the party seeking Reconsideration by telephone, e-mail
or, if acceptable to the party requesting reconsideration, in person.
To the extent any information gathered in such a meeting is relevant
to any recommendation by the Reconsideration Committee, it shall so
state in its recommendation.
17. The Reconsideration Committee shall
make a final recommendation to the Board with respect to a Reconsideration
Request within ninety days following its receipt of the request, unless
impractical, in which case it shall report to the Board the circumstances
that prevented it from making a final recommendation and its best
estimate of the time required to produce such a final recommendation. That The
final recommendation shall be posted on the Website.
19. The Reconsideration Committee shall
submit a report to the Board on an annual basis containing at least
the following information for the preceding
calendar year:
a. the number and general nature
of Reconsideration Requests received in
the preceding calendar year;
b. the number of Reconsideration
Requests on which the Committee has taken action during the year;
c. the number of Reconsideration
Requests that remained pending at the end of the calendar year and the average length of time for which such Reconsideration Requests
have been pending;
d. a description of any Reconsideration
Requests that were have
been pending at the end of the
calendar year for more than ninety (90) days and the
reasons that the Committee has not taken action on them;
e. the number and nature of Reconsideration
Requests that the Committee has declined to consider on the basis that they did do not meet the criteria established
in this policy;
f. based
on information about such denied for Reconsideration Requests that were denied, an explanation of any the
extent to which other mechanisms are available to ensure that ICANN is accountable to persons materially
affected by its decisions; and
g. whether or not, in the Committee's
view, the criteria for which reconsideration may be requested should
be revised, or another process should be adopted or modified, to
ensure that all persons materially affected by ICANN decisions have
meaningful access to a review process that ensures fairness while
limiting frivolous claims.
20. Each annual
report shall also aggregate the information on the topics listed in
paragraph 19(a)-(e) of this Section for the period beginning 1 January
2003.
ARTICLE IV: ACCOUNTABILITY AND REVIEW,
Section 3. INDEPENDENT REVIEW OF BOARD ACTIONS,
12. Declarations Decisions of the IRP shall be
in writing. The IRP shall make its declaration decision based solely on the documentation,
supporting materials, and arguments submitted by the parties, and
in its declaration decision shall specifically designate the prevailing party. The party not prevailing
shall be responsible for bearing all costs of the IRP Provider. Each
party to the IRP proceedings shall bear its own expenses.
13. The IRP operating procedures, and
all petitions, claims, and declarations decisions on claims, shall be
posted on the Website when they become available.
15. Where feasible,
the Board shall consider the IRP declaration at the Board's next meeting.
ARTICLE IV: ACCOUNTABILITY AND REVIEW,
Section 4. PERIODIC REVIEW OF ICANN STRUCTURE AND OPERATIONS
The Board shall cause a periodic review, if feasible no less frequently
than every three years, of the performance and operation of each Supporting
Organization, Supporting Organization Council, Advisory Committee (other
than the Governmental Advisory Committee) and Nominating
Committee by an entity or entities independent of the organization under
review. The goal of the review, to be undertaken pursuant to such criteria
and standards as the Board shall direct, shall be to determine (i) whether
that organization has a continuing purpose in the ICANN structure, and
(ii) if so, whether any change in structure or operations is desirable
to improve its effectiveness. The results of such reviews shall be posted
on the Website for public review and comment, and shall be considered
by the Board no later than the second scheduled meeting of the Board
after such results have been posted for 30 days. The first such reviews,
to be initiated within one year following the adoption of these Bylaws,
shall be of the GNSO Names Council and the ICANN Root Server System
Advisory Committee. The Governmental Advisory
Committee shall provide its own review mechanisms.
ARTICLE VI: BOARD OF DIRECTORS, Section
5. INTERNATIONAL REPRESENTATION
In order to ensure broad international representation on the Board,
the selection of Directors by the Nominating Committee and each Supporting
Organization shall comply with all applicable geographic diversity provisions of these Bylaws or of any Memorandum of Understanding
referred to in these Bylaws concerning the Supporting Organization. One The intent of these geographic diversity
provisions is to ensure that at all times each Geographic Region shall
have at least one Director, and at all times no region shall have more
than five Directors on the Board (not including the President). As used
in these Bylaws, each of the following is considered to be a "Geographic
Region": Europe; Asia/Australia/Pacific; Latin America/Caribbean
islands; Africa; and North America. The specific countries included
in each Geographic Region shall be determined by the Board, and this
Section shall be reviewed by the Board from time to time (but at least
every three years) to determine whether any change is appropriate, taking
account of the evolution of the Internet.
ARTICLE VI: BOARD OF DIRECTORS, Section
9. NON-VOTING LIAISONS
1. The non-voting liaisons shall include:
a. One appointed by the Governmental
Advisory Committee established by Article
XI of these Bylaws;
b. One appointed by the Root Server
System Advisory Committee established by Article XI of these Bylaws;
c. One appointed by the Security and
Stability Advisory Committee established by Article XI of these
Bylaws;
d. One appointed by the Technical
Liaison Group established by Article XI-A of these Bylaws;
e. One appointed by the At-Large Advisory
Committee established by Article XI of these Bylaws; and
f. One appointed by the Internet Engineering
Task Force.
3. Non-voting
liaisons shall serve as volunteers, without compensation other than
the reimbursement of certain expenses.
43.
Each non-voting liaison may be reappointed, and shall remain in that
position until a successor has been appointed or until the liaison
resigns or is removed in accordance with these Bylaws.
54.
The non-voting liaisons shall be entitled to attend Board meetings,
participate in Board discussions and deliberations, and have access (under conditions established by the Board) to materials provided to Directors for use in Board discussions, deliberations
and meetings, but shall otherwise not have any of the rights and privileges
of Directors. Non-voting liaisons shall be
entitled (under conditions established by the Board) to use any materials
provided to them pursuant to this Section for the purpose of consulting
with their respective committee or organization.
ARTICLE VI: BOARD OF DIRECTORS, Section
13. ANNUAL MEETINGS
Annual meetings of ICANN shall be held for the purpose of electing
Officers and for the transaction of such other business as may come
before the meeting. Each annual meeting shall be held during
the fourth quarter of the calendar year. no
earlier than the last week of September, and no later than the last
week of December. In the absence of designation, the The annual meeting shall be held at the principal office of ICANN. The annual
meeting shall be open to the public. If the Board determines that it
is practical, the annual meeting should be distributed in real-time
and archived video and audio formats on the Internet.
ARTICLE VII: NOMINATING COMMITTEE, Section 2.
COMPOSITION
The Nominating Committee shall be composed of the following delegates:
1. A non-voting Chair, appointed by the ICANN
Board;
2. The immediately previous Nominating Committee
Chair, as a non-voting advisor;
3. A non-voting liaison appointed by the ICANN
Root Server System Advisory Committee established by Article XI of
these Bylaws;
4. A non-voting liaison appointed by the ICANN
Security and Stability Advisory Committee established by Article XI
of these Bylaws;
5. A non-voting liaison
appointed by the Governmental Advisory Committee;
65.
Subject to the provisions of the Transition Article of these Bylaws,
five voting delegates selected by the At-Large Advisory Committee
established by Article XI of these Bylaws;
76.
Two voting delegates, one representing small business users and one
representing large business users, selected by the Business Users
Constituency of the Generic Names Supporting Organization established
by Article X of these Bylaws; and
87.
One voting delegate each selected by the following entities:
a. The gTLD Registry Constituency of the
Generic Names Supporting Organization established by Article X of
these Bylaws;
b. The gTLD Registrars Constituency of the
Generic Names Supporting Organization established by Article X of
these Bylaws;
c. The Council of the Country Code Names
Supporting Organization established by Article IX of these Bylaws;
d. The Internet Service Providers Constituency
of the Generic Names Supporting Organization established by Article
X of these Bylaws;
e. The Intellectual Property Constituency
of the Generic Names Supporting Organization established by Article
X of these Bylaws;
f. The Council of the Address Supporting
Organization established by Article VIII of these Bylaws;
g. An entity designated by the Board to
represent academic and similar other public organizations;
h. Consumer and civil society groups, selected
by the Non-commercial Users Constituency of the Generic Names Supporting
Organization established by Article X of these Bylaws;
i. The Internet Engineering Task Force; and
j. The ICANN Technical Liaison Group established
by Article XI-A of these Bylaws.;
and
k. The ICANN Governmental
Advisory Committee established by Article XI of these Bylaws.
ARTICLE VII: NOMINATING COMMITTEE, Section 5.
DIVERSITY
In carrying out its responsibilities to select members of the ICANN
Board (and selections to any other ICANN bodies as the Nominating Committee
is responsible for under these Bylaws), the Nominating Committee shall
take into account the continuing membership of the ICANN Board (and
such other bodies), and seek to ensure that the persons selected to
fill vacancies on the ICANN Board (and each such other body) shall,
to the extent feasible and consistent with the other criteria required
to be applied by Section 4 of this Article, make selections guided
by Core Value 4 in Article I, Section 2. that
augment the diversity in geography, skills, experience, and perspective
that is a core objective of ICANN.
ARTICLE VII: NOMINATING
COMMITTEE, Section 6. ADMINISTRATIVE AND OPERATIONAL SUPPORT
ICANN shall provide administrative and operational
support necessary for the Nominating Committee to carry out its responsibilities.
ARTICLE VII: NOMINATING
COMMITTEE, Section 7. PROCEDURES
The Nominating Committee shall adopt such
operating procedures as it deems necessary, which shall be published
on the Website.
ARTICLE X: GENERIC NAMES SUPPORTING ORGANIZATION,
Section 4. STAFF SUPPORT AND FUNDING
2. ICANN shall provide administrative
and operational support necessary for the GNSO to carry out its responsibilities.
Such support shall not include travel expenses incurred by GNSO
participants for travel to any meeting of the GNSO or for
any other purpose.
ARTICLE X: GENERIC NAMES SUPPORTING ORGANIZATION,
Section 5. CONSTITUENCIES
3. Each Constituency identified in paragraph
1 of this Section shall maintain its recognition, and thus its ability
to select GNSO Council representatives, only so long as it in fact
represents the interests globally of the stakeholder communities it
purports to represent, and shall operate to the maximum extent feasible
in an open and transparent manner and consistent with procedures designed
to ensure fairness. No individual or entity
shall be excluded from participation in a Constituency merely because
of participation in another Constituency. No
person or entity that is an active member of any one Constituency
shall be a member of any other Constituency.
ARTICLE XI: ADVISORY COMMITTEES, Section 2. SPECIFIC
ADVISORY COMMITTEES
There shall be at least the following Advisory Committees:
1. Governmental Advisory Committee
a. The Governmental Advisory Committee
should consider and provide advice on the activities of ICANN as
they relate to concerns of governments, particularly matters where
there may be an interaction between ICANN's policies and various
laws and international agreements or where
they may affect public policy issues.
b. Membership in the Governmental
Advisory Committee shall be open to all national governments. Membership
shall also be open to Distinct Economies as recognized in international
fora, and multinational governmental organizations and treaty organizations,
on the invitation of the Governmental Advisory Committee through
its Chair, or on invitation of the ICANN
Board.
c. The Governmental Advisory Committee
may adopt its own charter and internal operating principles or procedures to guide its operations.
h. The Board shall notify the Chair
of the Governmental Advisory Committee in
a timely manner of any proposal raising
public policy issues on for which it or any of ICANN's supporting organizations
or advisory committees seeks public comment, and shall take duly into account consider any timely response to that
notification prior to taking action.
i. The Governmental
Advisory Committee may put issues to the Board directly, either
by way of comment or prior advice, or by way of specifically recommending
action or new policy development or revision to existing policies.
j. The advice
of the Governmental Advisory Committee on public policy matters
shall be duly taken into account, both in the formulation and adoption
of policies. In the event that the ICANN Board determines to take
an action that is not consistent with the Governmental Advisory
Committee advice, it shall so inform the Committee and state the
reasons why it decided not to follow that advice. The Governmental
Advisory Committee and the ICANN Board will then try, in good faith
and in a timely and efficient manner, to find a mutually acceptable
solution.
k. If no
such solution can be found, the ICANN Board will state in its final
decision the reasons why the Governmental Advisory Committee advice
was not followed, and such statement will be without prejudice to
the rights or obligations of Governmental Advisory Committee members
with regard to public policy issues falling within their responsibilities.
4. At-Large Advisory Committee
f. Subject
to the provisions of the Transition Article of these Bylaws, the
At-Large Advisory Committee may designate a non-voting liaison to
the GNSO Council.
gf.
There shall be one RALO for each Geographic Region established according
to Section 5 of Article VI. Each RALO shall serve as the main forum
and coordination point for public input to ICANN in its Geographic
Region and shall be a non-profit organization certified by ICANN
according to criteria and standards established by the Board based
on recommendations of the At-Large Advisory Committee. An organization
shall become the recognized RALO for its Geographic Region upon
entering a Memorandum of Understanding with ICANN addressing the
respective roles and responsibilities of ICANN and the RALO regarding
the process for selecting ALAC members and requirements of openness,
participatory opportunities, transparency, accountability, and diversity
in the RALO's structure and procedures, as well as criteria and
standards for the RALO's constituent At-Large Structures.
hg.
Each RALO shall be comprised of self-supporting At-Large Structures
within its Geographic Region, certified according to paragraph 4(i)
of this Section, that involve individual Internet users at the local
or issue level and that, in the aggregate, are open to participation
by all (but only) individual Internet users who are citizens and
residents of the RALO's Geographic Region (as defined in Section
5 of Article VI). If so provided by its Memorandum of Understanding
with ICANN, a RALO may also have as its members individual Internet
users who are citizens and residents of the RALO's Geographic Region.
ih.
The ALAC is responsible for certifying organizations as meeting
the criteria and standards for At-Large Structures. The criteria
and standards for certification of At-Large Structures within a
each Geographic Region shall be established by the Board based on
recommendations of the ALAC and shall be stated in the Memorandum
of Understanding between ICANN and the RALO for that Geographic
Region, so that each RALO is afforded the type of structure that
best fits its Geographic Region's customs and characteristics. Decisions
to certify or de-certify an At-Large Structure as meeting the applicable
criteria and standards shall require a 2/3 vote of all the members
of the ALAC and shall be subject to review according to procedures
the Board may establish. The ALAC may also give advice as to whether
a prospective At-Large Structure meets the applicable criteria and
standards.
ji.
The ALAC is also responsible, working in conjunction with the RALOs,
for coordinating the following activities:
1. Keeping the community of individual
Internet users informed about the significant news from ICANN;
2. Distributing (through posting
or otherwise) an updated agenda, news about ICANN, and information
about items in the ICANN policy-development process;
3. Promoting outreach activities
in the community of individual Internet users;
4. Developing and maintaining on-going
information and education programs, regarding ICANN and its work;
5 Establishing an outreach strategy
about ICANN issues in each RALO's Region;
6. Making public, and analyzing,
ICANN's proposed policies and its decisions and their (potential)
regional impact and (potential) effect on individuals in the region;
7. Offering Internet-based mechanisms
that enable discussions among members of At-Large structures;
and
8. Establishing mechanisms and
processes that enable two-way communication between members of
At-Large Structures and those involved in ICANN decision-making,
so interested individuals can share their views on pending ICANN
issues.
ARTICLE XI-A: OTHER ADVISORY MECHANISMS, Section
1. EXTERNAL EXPERT ADVICE ADVISORY PANELS
1. Purpose. The
purpose of seeking external expert advice is The
use of Expert Advisory Panels is intended to allow the
policy-development process within ICANN to take advantage of existing
expertise that resides in the public or private sector but outside
of ICANN. In those cases where there are relevant public bodies with
expertise, or where access to private expertise could be helpful,
the Board and constituent bodies should be encouraged to seek advice
from such expert bodies or individuals.
2. Types of Expert Advisory Panels. On its own initiative or at the suggestion of any ICANN body, the
Board may appoint, or authorize the President to appoint, Expert Advisory
Panels consisting of public or private sector individuals or entities. If the advice sought from such Panels concerns
issues of public policy, the provisions of Section 1(3)(b) of this
Article shall apply. In addition,
in accordance with Section 1(3) of this Article, the Board may refer
issues of public policy pertinent to matters within ICANN’s mission
to a multinational governmental or treaty organization, which may
convene an Expert Advisory Panel on those issues.
3. Process for Seeking Advice-Public Policy
Matters.
a. The Governmental Advisory Committee may at any time recommend that
the Board seek advice concerning one or more issues of public policy from an external source, as set out above through the use of an Expert Advisory Panel
convened by a multinational governmental or treaty organization.
b. In the event that the Board determines, upon such a recommendation
or otherwise, that external advice should be sought concerning one or more issues of public
policy from an Expert Advisory Panel convened
by a multinational governmental or treaty organization,
the Board shall, as appropriate, consult with the Governmental Advisory Committee regarding the appropriate source organization from which to seek the advice and the arrangements, including definition
of scope and process, for requesting and obtaining that advice.
c. The Board shall, as appropriate, transmit any request for advice from a multinational governmental or treaty organization to
convene an Expert Advisory Panel, including specific
terms of reference, to the Governmental Advisory Committee, with
the suggestion that the request be transmitted by the Governmental
Advisory Committee to the multinational governmental or treaty organization.
4. Process for Seeking and Advice-Other
Matters. Any reference of issues not
concerning public policy to an Expert Advisory Panel by
the Board or President in accordance with
Section 1(2)(a) of this Article shall be made pursuant
to terms of reference describing the issues on which input and advice
is sought and the procedures and schedule to be followed.
5. Receipt of Expert Advice from Expert Advisory Panels and its Effect. External advice pursuant
to this Section External Advisory
Panels shall be provided in written
form provide their advice by written
reports. Such advice Advice received from Expert Advisory Panels is advisory and not binding, and is intended to augment the information
available to the Board or other ICANN body in carrying out its responsibilities.
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.
ARTICLE XIII: OFFICERS,
Section 9. CONFLICTS OF INTEREST
The Board, through a committee designated
for that purpose, shall establish a policy requiring a statement from
each Officer not less frequently than once a year setting forth all
business and other affiliations which relate in any way to the business
and other affiliations of ICANN.
ARTICLE XVI: FISCAL MATTERS, Section 4. ANNUAL
BUDGET
The President shall prepare and, at At least forty-five (45) days prior
to the commencement of each fiscal year, the
President shall prepare and submit to the Board, a proposed
annual budget of ICANN for the next fiscal year,
which shall be posted on the Website. The proposed budget
shall identify anticipated revenue sources and levels and shall, to
the extent practical, identify anticipated material expense items by
line item. The Board shall adopt an annual budget and shall publish
the adopted Budget on the Website.
Section 5. FEES AND CHARGES
The Board may set fees and charges for the services and benefits provided
by ICANN, with the goal of fully recovering the reasonable costs of
the operation of ICANN and establishing reasonable reserves for future
expenses and contingencies reasonably related to the legitimate activities
of ICANN. Such fees and charges shall be fair and equitable, shall
be published for public comment prior to adoption, and once
adopted shall be published on the Website in a sufficiently detailed
manner so as to be readily accessible.
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