IANA | KENIC Analysis Under Clause 9 of GAC Principles

KENIC Analysis Under Clause 9 of GAC Principles
25 October 2002

Attachment A
GAC Principles Clause 9 Analysis

The provisions of clause 9 of the GAC Principles are met by communications between and other documentation of KENIC and the Kenyan Government as follows:

9.1.1 Term, performance clauses, opportunity for review and process for revocation.

Letter dated 21^st June, 2002 from Communications Commission of Kenya to the Ministry of Transport & Communications confirming KENIC as the appropriate entity to administer the .ke ccTLD and further requesting the Ministry of Transport & Communications to subsequently endorse KENIC to ICANN as the appropriate delegee of the .ke ccTLD
5 August 2002 Communication from the Ministry of Transport and Communications to Stuart Lynn, CEO ICANN, re: Redelegation of .ke Country Code Top Level Domain
Provisions of the Telecommunications Amendment Legislation Bill 2000.

9.1.2 A commitment by the delegee to operate the ccTLD in the interest of the relevant local community and the global Internet community.

KENIC's Memorandum of Association, Article 3(a) - (m);
Letter dated 21^st June, 2002 from Communications Commission of Kenya to the Ministry of Transport & Communications confirming KENIC as the appropriate entity to administer the .ke ccTLD and further requesting the Ministry of Transport & Communications to subsequently endorse KENIC to ICANN as the appropriate delegee of the .ke ccTLD.

9.1.3 A recognition by the delegee that the management and administration of the ccTLD are subject to the ultimate authority of the relevant government or public authority, and must conform with relevant domestic laws and regulations, and international law and international conventions.

5 August 2002 Communication from the Ministry of Transport and Communications to Stuart Lynn, CEO ICANN, re: Redelegation of .ke Country Code Top Level Domain;
KENIC's Articles of Association, Article 10.

9.1.4 Confirmation that the ccTLD is operated in trust in the public interest and that the delegee does not acquire property rights to the ccTLD itself.

This is implied in:

KENIC's Constitution, Sections 2 and 3;
Letter dated 21^st June, 2002 from Communications Commission of Kenya to the Ministry of Transport & Communications confirming KENIC as the appropriate entity to administer the .ke ccTLD and further requesting the Ministry of Transport & Communications to subsequently endorse KENIC to ICANN as the appropriate delegee of the .ke ccTLD;
5 August 2002 Communication from the Ministry of Transport and Communications to Stuart Lynn, CEO ICANN, re: Redelegation of .ke Country Code Top Level Domain.

In addition, it is hereby confirmed that KENIC agrees that as the delegee it does not acquire property rights to the ccTLD itself.

9.1.5 Conditions to ensure the transfer of all relevant DNS data to a nominated replacement, if, for any reason, a reassignment to a new delegee is necessary.

This is implied in the Letter dated 21^st June, 2002 from Communications Commission of Kenya to the Ministry of Transport & Communications confirming KENIC as the appropriate entity to administer the .ke ccTLD and further requesting the Ministry of Transport & Communications to subsequently endorse KENIC to ICANN as the appropriate delegee of the .ke ccTLD. In addition, hereby it is confirmed that KENIC agrees to ensure the transfer of all relevant DNS data to a nominated replacement, if, for any reason, a reassignment to a new delegee is necessary.

9.1.6 Conditions for the efficient and effective resolution of disputes arising from domain name registration. In so far as ccTLD registration policies allow or encourage registrations from entities or individuals resident outside the relevant territory, then the delegee concerned should implement dispute resolution policies that ensure that the interests of all registrants, and of third parties, including those outside their territory and in other jurisdictions, are taken into account. Dispute resolution policies should, to the greatest extent possible, follow common principles, including due regard for internationally recognised intellectual property, consumer protection and other relevant law, and be implemented by all delegees. The delegee should, so far as possible, implement alternative dispute resolution procedures conducted online, without precluding access to court litigation.

KENIC Memorandum of Association, Article 3(l)
Letter dated 21^st June, 2002 from Communications Commission of Kenya to the Ministry of Transport & Communications confirming KENIC as the appropriate entity to administer the .ke ccTLD and further requesting the Ministry of Transport & Communications to subsequently endorse KENIC to ICANN as the appropriate delegee of the .ke ccTLD.

9.1.7 The delegee's commitment to abide by ICANN developed policies as set forth in Clause 10.

Letter dated 21^st June, 2002 from Communications Commission of Kenya to the Ministry of Transport & Communications confirming KENIC as the appropriate entity to administer the .ke ccTLD and further requesting the Ministry of Transport & Communications to subsequently endorse KENIC to ICANN as the appropriate delegee of the .ke ccTLD. In addition, in entering into a triangular agreement with ICANN, KENIC agrees to abide by the terms of that agreement.

9.1.8 Where ccTLD registration policies allow or encourage registrations from entities or individuals resident outside the relevant territory, the delegee commits to observe all ICANN policies applicable to such ccTLDs, not otherwise provided for in Clause 10, except where the delegee is prohibited by law from, or instructed in writing by the relevant government or public authority to refrain from, implementing such other ICANN policies.

Implied in KENIC Memorandum of Association and Letter dated 21^st June, 2002 from Communications Commission of Kenya to the Ministry of Transport & Communications confirming KENIC as the appropriate entity to administer the .ke ccTLD and further requesting the Ministry of Transport & Communications to subsequently endorse KENIC to ICANN as the appropriate delegee of the .ke ccTLD. In addition, in entering into a triangular agreement with ICANN, KENIC agrees to abide by the terms of that agreement.

9.1.9 The above terms and conditions shall apply to delegees, including delegees who are resident and/or incorporated outside the territory of the relevant local community.

KENIC is established under the laws of, is subject to, and is located in Kenya.

9.2 A delegee should not sub-contract part or all of the technical operations of the ccTLD registry without ensuring that the sub-contractor has the technical qualifications required by ICANN, and informing ICANN.

Implied in Memorandum of Association 3(c) and 3(f), in addition to Letter dated 21^st June, 2002 from Communications Commission of Kenya to the Ministry of Transport & Communications confirming KENIC as the appropriate entity to administer the .ke ccTLD and further requesting the Ministry of Transport & Communications to subsequently endorse KENIC to ICANN as the appropriate delegee of the .ke ccTLD. In addition, in entering into a triangular agreement with ICANN, KENIC agrees to abide by the terms of that agreement.

9.3 In any sub-contracting of the technical operations of the ccTLD registry or administrative and management functions of the ccTLD, the sub-contract must state that the delegation itself is an exercise of a public right, not an item of property, and cannot be reassigned to a new delegee except in accordance with the provisions of Clause 7.

KENIC Endorses the Analysis in this Attachment

Signed: /s/
Designation: C.E.O, KENIC
Date: 25th October 2002

Comments concerning the layout, construction and functionality of this site
should be sent to webmaster@icann.org.