[council] Regarding GAC advice

["Bruce Tonkin" <Bruce.Tonkin@xxxxxxxxxxxxxxxxxx>]

Hello All,

The recent cover letter from Paul Twomey to the ICANN available at:
http://www.icann.org/correspondence/jeffrey-to-tarmizi-04may06.htm
includes the following text:

Consistent with the ICANN Bylaws at Article XI, Section 2, Paragraph 2
(j) and (k), the ICANN Board will formally recognize any public policy
advice provided by the GAC and if the Board intends to move forward with
the agreement, it must first determine whether the board action is
consistent with any GAC public policy advice. If such approval of the
agreement is determined not to be consistent with the GAC public policy
advice than ICANN will be required to inform the GAC 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. If no acceptable solution can be found than 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. 

This may help the Council in dealing with GAC advice in future.  If the
GNSO Council recommends a particular policy that seems to conflict with
GAC advice, the GNSO Council can assist the Board in responding to the
GAC by providing reasons why the advice was not followed.   It would
also be useful for the Council to attempt to "find a mutually acceptable
solution" prior to submitting a policy to the Board for approval.

Regards,
Bruce Tonkin