[council] For your information - Advisory: Availability of bulk transfers in individual gTLDs posted

[Marika Konings <marika.konings@xxxxxxxxx>]

Dear All,

For your information, ICANN has just published the advisory on the availability 
of bulk transfers in individual gTLDs as the GNSO Council resolved in its 
resolution 20090416-2: the GNSO Council 'Recommends that ICANN staff 
communicate to registries and registrars that the current bulk transfer 
provisions do apply to cases requiring the transfer of all names in one single 
gTLD under management of a registrar'.

For further details, please see 
http://www.icann.org/en/announcements/announcement-05oct09-en.htm or below.

With best regards,

Marika

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Advisory: Availability of Bulk Transfers in Individual gTLDs


5 October 2009



ICANN-accredited registrars are advised that Part B of the Inter-Registrar 
Transfer Policy <http://www.icann.org/en/transfers/policy-en.htm> ("Transfer 
Policy") permits ICANN to approve a bulk transfer of all of a registrar's names 
in a particular gTLD without requiring simultaneous transfer of its names in 
other gTLDs.


The Inter-Registrar Transfer Policy Part A Policy Development Process Working 
Group noted in its Final Report 
<http://gnso.icann.org/files/gnso/issues/transfers/irtp-final-report-a-19mar09.pdf>
 to the Generic Names Supporting Organization that some confusion may exist 
about the availability of "partial bulk transfers," where a registrar might 
wish to transfer all of its domain names in only one particular gTLD to another 
ICANN-accredited registrar. This advisory is intended to clarify that Part B of 
the Transfer Policy does permit ICANN to approve a bulk transfer of all of a 
registrar's names in a particular gTLD without requiring simultaneous transfer 
of its names in other gTLDs.

Part B of the Transfer Policy (ICANN-Approved Transfers) makes available a bulk 
transfer of gTLD names between registrars "as the result of (i) acquisition of 
that Registrar or its assets by another Registrar, or (ii) lack of 
accreditation of that Registrar or lack of its authorization with the Registry 
Operator" where (a) the gaining registrar to the transfer is accredited by 
ICANN and has in effect a registry-registrar agreement with the registry 
operator for the affected TLD(s) and (b) ICANN certifies to registry operator 
that the transfer would promote the community interest, "such as the interest 
in stability that may be threatened by the actual or imminent business failure 
of a Registrar." Part B of the Transfer Policy additionally establishes a 
one-time registry fee of $50,000 charged to the gaining registrar for such 
transfers, where more than 50,000 names are transferred.

The bulk transfer provision (Part B) of the Transfer Policy is most often 
invoked in instances where a registrar's Registrar Accreditation Agreement 
("RAA") is terminated or expires without renewal. Part B of the Transfer Policy 
also allows for bulk transfers in cases where a registrar lacks authorization 
to continue management of domains within a registry, such as where its 
Registry-Registrar Agreement ("RRA") is terminated. In both cases, ICANN 
follows the De-Accredited Registrar Transition Procedure 
<http://www.icann.org/en/processes/registrars/de-accredited-registrar-transition-procedure-01oct08.pdf>
 to identify an ICANN-accredited registrar to take over management of the names 
and notifies affected registries that it has approved the bulk transfer. No 
distinction is made in either the Transfer Policy or the De-Accredited 
Registrar Transition Procedure between voluntary terminations (those initiated 
by the registrar) and involuntary terminations (those initiated by ICANN in the 
case of an RAA or the registry, in the case of an RRA). Furthermore, where a 
bulk transfer is approved by ICANN due to lack of a registrar's authorization 
within a registry, there is no requirement that domains in other TLDs be 
transferred as a result.