[council] Fwd: ICANN News Alert -- Independent Review Panel Finds in Favor of DCA Trust - Makes Recommendation to ICANN's Board to Resume Evaluation of DCA's Application

["James M. Bladel" <jbladel@xxxxxxxxxxx>]

For those who have not seen this news alert

Thank you,

J.
____________
James Bladel
GoDaddy

Begin forwarded message:

From: "ICANN News Alert" 
<communications@xxxxxxxxx<mailto:communications@xxxxxxxxx>>
Date: July 10, 2015 at 20:03:55 CDT
To: <jbladel@xxxxxxxxxxx<mailto:jbladel@xxxxxxxxxxx>>
Subject: ICANN News Alert -- Independent Review Panel Finds in Favor of DCA 
Trust - Makes Recommendation to ICANN's Board to Resume Evaluation of DCA's 
Application
Reply-To: communications@xxxxxxxxx<mailto:communications@xxxxxxxxx>

[ICANN]<http://www.icann.org/>
News Alert

https://www.icann.org/news/announcement-2-2015-07-10-en

________________________________
Independent Review Panel Finds in Favor of DCA Trust - Makes Recommendation to 
ICANN's Board to Resume Evaluation of DCA's Application

10 July 2015

A three-member panel convened to review DotConnectAfrica Trust's (DCA's) 
request for Independent Review issued its final declaration, late yesterday. 
The 63-page IRP declaration, which is now published on the ICANN 
website<https://www.icann.org/en/system/files/files/final-declaration-09jul15-en.pdf>
 [PDF, 506 KB], held in favor of DCA and recommended that ICANN send DCA 
Trust's application for .AFRICA back into evaluation.

The panel cited two main concerns relating to the ICANN Governmental Advisory 
Committee's (GAC's) advice on DCA's application: (1) the panel was concerned 
that the GAC did not include, and that ICANN did not request, a rationale on 
the GAC's advice; and (2) the panel expressed concern that ICANN took action on 
the GAC's advice without conducting diligence on the level of transparency and 
the manner in which the advice was developed by the GAC.

The panel found that ICANN's conduct was inconsistent with the ICANN Articles 
and Bylaws because of certain actions and inactions of the ICANN Board.

"Consistent with ICANN's Bylaws, ICANN will carefully review the panels 
declaration and the ICANN Board will be asked to consider the matter at its 
next meeting on 28 July 2015," said John Jeffrey, ICANN's General Counsel and 
Secretary.

Although ICANN has already entered into an agreement with ZA Central Registry 
for the .AFRICA string, the panel has recommended that ICANN continue to 
refrain from delegating the .AFRICA gTLD, at this time. The panel ordered ICANN 
to pay the administrative and panel fees. The panel also indicated that both 
parties are responsible for their own attorney's fees and expenses.

The IRP is one of the accountability review processes set out in the ICANN 
Bylaws. For an understanding of how ICANN's accountability review processes 
work, including the IRP, please view this 
infographic<https://www.icann.org/sites/default/files/assets/accountability-mechanisms-5100x3300-19mar14-en.png>.



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