Memorandum of Understanding between NARALO and ICANN (Draft)

This version of the MOU incorporates changes made during the San Juan meeting on 2007.06.24. The final and definitive version of this document will from hereon be posted here.

(See also - the NARALO Operating Principles (Draft))

1 1. Purpose and scope
2 2. Definition of terms and abbreviations used in this document
3 3. Composition of NARALO
4 4. Agreed responsibilities of ICANN
5 5. Agreed responsibilities of the NARALO
6 6. General provisions

[edit] 1. Purpose and scope

This Memorandum of Understanding ("MOU") defines an agreement between the Signing Organizations and the Internet Corporation for Assigned Names and Numbers. The parties intend this agreement to establish and define activities to be carried out by the North American Regional At-Large Organization for the benefit of the greater Internet community.

[edit] 2. Definition of terms and abbreviations used in this document

ALAC – ICANN At-Large Advisory Committee.

Signing Organizations – Organizations in the North American region certified by the ALAC as “At-Large Structures” that are signatories to this MOU.

At-Large Structure (ALS) – An organization certified by the ALAC according to published criteria and standards.

ICANN - Internet Corporation for Assigned Names and Numbers.

NARALO – North American Regional At-Large Organization.

NARALO Operating Principles – Document describing the agreed functionality of the North American Regional At-Large Organization.

North American Region – Countries recognized by ICANN as being in this geographic region.

Unaffiliated Individual - An unaffiliated Individual is (for NARALO's purposes):

subscribed to the NA-Discuss list,
a permanent resident of one of the countries/territories in the North American region as defined by ICANN,
not a member of a certified ALS,
not the Chair of NARALO, nor part of its Secretariat,
not employed by or having a direct financial interest in an ICANN contractual partner registry or registrar.

Other or different criteria may be resolved upon, and formalities for membership may be required, by the General Assembly.

[edit] 3. Composition of NARALO

3.1 The NARALO shall be comprised of all At-Large Structures and Unaffiliated Individuals within the North American Region. All interested citizens or residents within the North American Region are welcomed to join as unaffiliated individuals, to join an ALS, to encourage their organization to apply for ALS certification or to form a new organization and apply for ALS certification.

[edit] 4. Agreed responsibilities of ICANN

ICANN agrees that during the term of this MOU it will work in conjunction with the NARALO to support At-Large activities within the North American Region, including:

4.1 Helping to inform individual Internet users in the North American Region about ICANN news, meetings, policy development activities, and opportunities for ICANN participation;

4.2 Helping to promote outreach activities in the community of individual Internet users in the North American Region to advance understanding of, and participation in, issues addressed by ICANN that affect individual Internet users;

4.3 Offering mechanisms that enable discussions among members of At-Large structures in the Region and with those involved in ICANN decision-making, and encourage interested individuals to share their views on pending ICANN issues;

4.4 Providing the necessary resources to support NARALO activities and the NARALO Secretariat, subject to ICANN's annual operational and budgetary plans and processes;

4.5 Certifying, through the ALAC, groups of individual Internet users in the Region as At-Large Structures using the minimum criteria and certification process as provided in the ICANN bylaws;

4.6 Assuring the availability of major documents in the NARALO languages.

[edit] 5. Agreed responsibilities of the NARALO

The Signing Organizations agree that during the term of this MOU they will work in conjunction with ICANN to support At-Large activities within the North American Region, including:

5.1 Helping to inform individual Internet users in the North American Region about ICANN news, meetings, policy development activities, and opportunities for ICANN participation;

5.2 Helping to promote outreach activities in the community of individual Internet users in the North American Region to advance understanding of, and participation in, issues addressed by ICANN that affect individual Internet users;

5.3 Offering mechanisms that enable discussions among members of At-Large structures in the Region and with those involved in ICANN decision-making, and encouraging interested individuals to share their views on pending ICANN issues.

5.4 Through the NARALO General Assembly, selecting two persons to serve on as members of the ALAC for such terms as are specified by ICANN’s by-laws. Selected individuals must be unaffiliated individuals or members of different At-Large Structures based in different countries in the North American region. To the maximum extent feasible, the selected individuals should represent the geographic and cultural diversity of the region. They will have the responsibilities described in the ICANN By Laws and the NARALO Operating Principles.

5.5 Periodically reviewing the results of their cooperation under the MOU and, when appropriate, recommending improvements in the MOU.

5.6 Providing advice to the ICANN At Large Advisory Committee about the certification and, if necessary, decertification of different ALSs and the use of outreach and communication tool across the region.

5.7 Encouraging organizations to apply for ALS certification and assisting with such certification, including by: (i) reviewing ALS applications from organizations in North America upon submission to ICANN and recommending whether or not the organization should be certified as an ALS; (ii) providing NA ALS applicants with NARALO information and, if recommended by the NARALO for certification, provisional membership in the NARALO whilst the ALS application is under consideration by the ALAC; and, (iii) when ALS certification is verified by the ALAC for NA applicants, these applicants will be granted membership in the NARALO.

5.8 Determining the extent to which ALSs in the North American Region not a party to this Memorandum of Understanding must consent to be bound by its terms in order to participate in the governance and activities of the NARALO, and any procedure to be used to signify the same, as well as the procedure by which an ALS may revoke its consent once given.

5.9 To help ensure participation by any interested individual in the North American Region, the NARALO will encourage the formation and certification of additional active At-Large Structures and their participation in the NARALO.

[edit] 6. General provisions

6.1 This Agreement requires the approval or ratification of the ICANN Board of Directors.

6.2 This MOU will remain in effect until either modified or cancelled by mutual consent of the Signing Organizations and ICANN.

6.3 This Agreement will become effective when signed by all parties. The Agreement may be amended at any time by mutual agreement of the parties in writing. Either party may terminate this Agreement by providing one hundred twenty (120) days written notice to the other party. In the event this Agreement is terminated, each party shall be solely responsible for the payment of any expenses it has incurred.

6.4 Execution shall be on signature for the Signing Organisations. For ICANN, execution shall be contingent upon final approval by the ICANN Board following completion of the public comment period.

IN WITNESS WHEREOF, this Memorandum of Understanding is executed as of this 28th day of 2007 by the undersigned, acting through their duly authorized representatives: