[EURO-Discuss] Signing the MoUs

[Nick Ashton-Hart]

I will take this up with the staff here but I probably will not get
back to you, given the pace of events, for a few days.

My thought, without prejudice to what the legal people might say, is
that ICANN doesn't really have a preference and the bylaws do not
provide for ICANN to have such a preference. ICANN prefers that each
region organises itself as it thinks best. The side letter you are
suggesting would require the agreement of all the other signers, which
I would think could be arranged, but would of necessity take some
time.

The other procedures that I outlined would have the same effect as
what you are suggesting, which doesn't mean that any one of them is
better or worse than your own, simply that I think they are different
doors leading into the same room.

My suggestion to everyone is that we agree the process you wish to
follow in respect of this element once we have all returned home and
had some time to get through the elections process and address the
question of incorporation - it would seem to me that the question you
raise here, and the question of incorporation, are questions which
naturally go together.

Does that seem sensible to you?


On 28/03/07, Dr. Christoph Bruch <bruch at humanistische-union.de> wrote:
> Hi Nick,
> I would appreciate a written statement by ICANN clarifying, that indeed
> EURALO is the preferred partner for the MoU and that the signature of ICANN
> will be combined with a written note that the period of validity of the MoU
> reached between ICANN and individual ALSes will only last until EURALO has
> elected a board and signed a MoU with ICANN.
> All this of course means that EURALO is not just a but - in line with ICANN
> bylaws - eventually the only party in Europe having this kind of agreement
> with ICANN.
> Christoph
>
> ____________________________________________
> Dr. Christoph Bruch      HUMANISTISCHE UNION
> Neue Christstr. 6        Greifswalder Str. 4
> 14059 Berlin             10405 Berlin
> 030 - 32 10 32 82        030 - 20 45 02 56
>                     Fax: 030 - 20 45 02 57
>                  info at humanistische-union.de
>                   www.humanistische-union.de
> -----Ursprüngliche Nachricht-----
> Von: euro-discuss-bounces at atlarge-lists.icann.org
> [mailto:euro-discuss-bounces at atlarge-lists.icann.org] Im Auftrag von Nick
> Ashton-Hart
> Gesendet: Dienstag, 27. März 2007 17:03
> An: bruch
> Cc: Discussion for At-Large Europe
> Betreff: Re: [EURO-Discuss] Signing the MoUs
>
> I am working with the legal people on a form of words which can be
> transmitted by email, allowing those who do so to be a signer even if
> they are not physically present, and we can acknowledge these ALSes as
> a part of the ceremony.
>
> With respect to the EURALO being a party: My suggestion for a
> procedure to do this most readily would be tha the signing
> organisations should collectively assign all of their rights and
> obligations in perpetuity to EURALO and the whole membership thereof.
>
> The other way to do this is for a side letter to be signed between
> ICANN and EURALO acknowledging that EURALO is a signing organisations
> as well as the individual ALSes who originally signed.
>
> The effect of either is the same in the end.
>
> On 26/03/07, bruch <bruch at zedat.fu-berlin.de> wrote:
> > Hi Nick,
> > I would like to sign the MoU on behalf of the "German Civil Liberties
> Union
> > / Humanistische Union" (GCLU) but have to leave to Berlin tomorrow.
> > Although I am a member of the board of the GCLU I do need a decision by
> the
> > whole board which I will most probably not get until Thursday. But I would
> > like the GCLU to be listed as an original signing organization once a
> > positive decision is made by our board. In our meeting you said there is a
> > solution for this.
> >
> > Dear All
> > We agreed to also have agreed to have EURALO as party to the MoU even
> though
> > we do neither have a board yet nor have we decided on the incorporation
> > question. From my point of view it is of great importance to announce this
> > integration of EURALO during the signing ceremony.
> >
> > Christoph
> >
> > _____________________
> > Dr. Christoph Bruch
> > Neue Christstr. 6
> > 14059 Berlin
> > +49 (0)30 - 3210 3282
> > -----Ursprüngliche Nachricht-----
> > Von: euro-discuss-bounces at atlarge-lists.icann.org
> > [mailto:euro-discuss-bounces at atlarge-lists.icann.org] Im Auftrag von Nick
> > Ashton-Hart
> > Gesendet: Montag, 26. März 2007 15:20
> > An: Discussion for At-Large Europe; Africa Discuss
> > Betreff: [EURO-Discuss] Signing the MoUs
> >
> > Dear African and European Colleagues:
> >
> > In order for me to prepare the signature texts for the signing ceremony on
> > the Thursday, could those of you intending to sign send me the following
> > information as you wish it to appear on the signature texts:
> >
> > Name of Organisation
> > Name of Signer
> > Position of Signer
> >
> > IF YOU ARE LEAVING BEFORE THURSDAY:
> >
> > If you are leaving before the signing ceremony and wish to sign the final
> > text, I will prepare a signature page early so you can sign in advance. I
> > will then read out your name during the ceremony so that you are included
> > even though you are not physically present :)
> > --
> > Regards,
> >
> > Nick Ashton-Hart
> > PO Box 32160
> > London N4 2XY
> > United Kingdom
> > UK Tel: +44 (20) 8800-1011
> > USA Tel: +1 (202) 657-5460
> > Fax: +44 (20) 7681-3135
> > mobile: +44 (7774) 932798
> > Win IM: ashtonhart at hotmail.com / AIM/iSight: nashtonhart at mac.com / Skype:
> > nashtonhart
> > Online Bio:   https://www.linkedin.com/in/ashtonhart
> > <https://www.linkedin.com/in/ashtonhart>
> >
> >
>
>
> --
> --
> Regards,
>
> Nick Ashton-Hart
> PO Box 32160
> London N4 2XY
> United Kingdom
> UK Tel: +44 (20) 8800-1011
> USA Tel: +1 (202) 657-5460
> Fax: +44 (20) 7681-3135
> mobile: +44 (7774) 932798
> Win IM: ashtonhart at hotmail.com / AIM/iSight: nashtonhart at mac.com /
> Skype: nashtonhart
> Online Bio:   https://www.linkedin.com/in/ashtonhart
>
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>


-- 
-- 
Regards,

Nick Ashton-Hart
PO Box 32160
London N4 2XY
United Kingdom
UK Tel: +44 (20) 8800-1011
USA Tel: +1 (202) 657-5460
Fax: +44 (20) 7681-3135
mobile: +44 (7774) 932798
Win IM: ashtonhart at hotmail.com / AIM/iSight: nashtonhart at mac.com /
Skype: nashtonhart
Online Bio:   https://www.linkedin.com/in/ashtonhart