[lac-discuss-en] =? Iso-8859-1? Q? Consulta_a_la_Regi = F3n_-_Eleccion? == Iso-8859-1? Q? Es_ALAC_!? =
josefranciscoarce at gmail.com
josefranciscoarce at gmail.com
Thu Aug 9 00:06:23 UTC 2012
[[--Translated text (es -> en)--]]
Subject: =? Iso-8859-1? Q? Consulta_a_la_Regi = F3n_-_Eleccion? == Iso-8859-1? Q? Es_ALAC_!? =
From: josefranciscoarce at gmail.com
Dear,
I am writing this time to participarlos in a situation that is
has occurred in the past weeks in LACRALO concerning the situation of
Humberto Carrasco as a candidate member of ALAC, taking up residence
Edinburgh current and possible conflict with the operating principles of
LACRALO in rule # 8 (cited below).
I received mail from ICANN Staff even referring to this situation
particular, and several emails from concerned members of the region and doubts
prximas about elections. And it has become a topic that deserves
the discusiny knowledge of the region.
Before sending this email, I had a chance to talk personally with
Humberto and he shares the idea of \u200b\u200bdebating between all this situation.
Of all the consultations and talks I've been assembling a summary of the
general issues and concerns and to share with you
have a say.
Regards
JosArce. -
President of LACRALO
* Location * Humberto Carrasco
Humberto estviviendo in Edinburgh, Scotland, and estestudiando a
Doctorate at the University of Edinburgh. he himself has expressed this
electronic mail enviun situation when the list of discussion of
LACRALO, accepting the proposal as representing nominacin LACRALO
to ALAC.
http://atlarge-lists.icann.org/pipermail/lac-discuss-es/2012/004678.html
There are also e-mails in the list of discussion LACRALO
where l asked them to call for a conference LACRALO where
provides a phone number in Scotland to receive the call.
http://atlarge-lists.icann.org/pipermail/lac-discuss-en/2012/005262.html
In addition to the Personal page of Facebook, where each user
provides the data you want to provide a voluntary basis, Humberto has
expressed that lives in Edinburgh, Scotland.
https://www.facebook.com/humberto.carrasco.376
<http://atlarge-lists.icann.org/pipermail/lac-discuss-en/2012/005262.html> Also
on your personal Facebook profile, Humberto has said that comenzsus
studies at the University of Edinburgh in the year 2011. As is audience
knowledge, to study a PhD in whatever branch, consuming
more than a year of study, it is inferred that still estviviendo
studying in Edinburgh and his Ph.D. at the University of Edinburgh.
https://www.facebook.com/humberto.carrasco.376/info
* Residency requirements for a PhD study at the University of
Edinburgh (Scotland) *
In accompanies the link details the residency requirements for
studying a PhD at Edinburgh in the telecommunications sector
estrealizando like Humberto.
http://www.drps.ed.ac.uk/08-09/regulations/postgrad.php
Among those requirements contained in Section 4 requires that candidates
a PhD must maintain their residence in Edinburgh * ** During the period of
study * (in doctorates have a minimum of 3 years of duration) unless
a leave of absence has been allowed. * The term residence
Edinburgh: residence in the city of Edinburgh or nearby,
candidate and proximity to Edinburgh, to allow ease of
face to face meetings with their supervisors and study, led by
supervisor and approved by the Faculty *.
This document from the University of Edinburgh also provides the
possibility of residence elsewhere for PhD candidates by the end of
fieldwork and research acadmicas but not exceeding the
within 15 months, but must reside at least 9 months of the
duration of his PhD in Edinburgh. To use this option
debern candidates obtain the written authorization of the Director of
School and the need to maintain regular contact with their
own supervisor.
Permits for reasons other than field work or research
acadmicas, Sern exceptionally granted by the Faculty.
* Requirements for representatives to ALAC LACRALO *
The first rule that we must go is to our Principles
Operating LACRALO, which have covered this situation so
expresses exhaustive and clear.
In case there are gaps in this topic in our Operating Principles,
freshly ahse must resort to external rules such as Rules
ALAC procedure, and then freshly ICANN's Bylaws.
The ALAC Rules of Procedure have nothing planned for this
subject. The ICANN Bylaws relating to the residence, but only
respect to the Directors of the Board and to comply with the requirement of
regional diversity and estcontemplada expressly required to
to become members.
* Operating Principles LACRALO *
LACRALO Operating Principles have in principle number 8,
referred to the first paragraph shall LACRALO representatives to ALAC so
states:
8.The LACRALO elect two (2) individuals to serve as representatives
to the At Large Advisory Committee (ALAC), in the terms that have been
specified in the ICANN Bylaws. ALS only those which have been
accredited before the votacin, podrn vote in the choice. Each ALS
tendrderecho accredited to one vote. The selected representatives * must *
be members of different ALS, * shall have their place of residence
main in different passes of the region *, and their nationalities must
be different. Tendrna representatives responsible for the duties
stipulated in the bylaws of ICANN. *
https://community.icann.org/download/attachments/2264378/Principios%2520Operativos%2520de%2520la%2520LACRALO%2520Rev1%2520-%220ES%2520.pdf?version=1&modificationDate=1283972736000
*
* Interpretation of ICANN's lawyers *
Sam Eisner writes =>
STARTS ** **
The LACRALO may wish to Consider how issues of diversity are discussed This in
the ICANN Bylaws for the Purposes of Determining domicile / residency:
For Purposes of This sub-section 2 of Article VI, Section 2 of
the ICANN Bylaws, if Any candidate for Director Maintains citizenship of
more than one country, or Has Been domiciled for more than five years in a
Which country of the candidate does not Maintain citizenship ("Domicile")
That candidate may be Deemed to be from Either Must select country and in
his / her Statement of Interest the country of citizenship or Domicile That
he / she wants to use the Nominating Committee for Diversity Calculation
purposes. For Purposes of This sub-section 2 of Article VI, Section 2 of
the ICANN Bylaws, a person can only have one "Domicile," Which Shall be
Determined by Where the candidate has a permanent residence and place of
habitation.
There are issues of citizenship of Considerations (Which do not seem to be
With This candidate at issue) and WHERE I lives. The NomCom Requirement
sets a 5-year window Which Could allow for items Such as schooling, etc..
The LACRALO may wish to Consider Whether a school's Requirement That a
matriculant to live near the school education equals a historical weitere
Requirement That the matriculant not Maintain Any sort of longer residence
They may wish and elsewhere to Discuss this With The Candidate Before
Taking a decision on Whether the candidacy is viable. Whatever decision is
taken, I would recommend getting a full view of the facts from the
candidate, and not basing a decision on independent internet FULLY
research.
I do not see in the document ops ALAC That There's Any discussion of
Requirements residency, so I do not see a conflict there.
ENDS ** **
The consultation on ICANN's lawyers express the statement
above. Although they forget that when the situation presented esttbNL> expressly provided in our bylaws, we must turn in
First, to them. In addition refer to the elections by the
NomCom, which are governed by rules different from LACRALO.
In this case, we are looking to choose for the region, a representative of
LACRALO to ALAC.It must apply the rules governing our
region, not the NomCom. The NomCom is aplicarn when choosing
candidates for office, it is not our case.
Apply rules of strange * JURISDICTION affect independence and
autonomy that should have a RALO: the possibility of passing on their own
statutes and abide by them *.
*
*
* How should interpret the residency requirement? *
Legally, the residence comprises two elements: the * body * and * animus *.
Ie, physically meet in one location (with the body of the person
in that place, living in a particular place) and in addition the person must
make the intention, the * animus *, to remain there.
In the documentation acompaada demonstrated that Humberto Carrasco,
lives, resides, has his * corpus * in Edinburgh and in addition has the
intention (the * animus *) to remain there, because it is an
studying for his Ph.D. and finalize debercontinuar living in
Edinburgh, as required by the regulations for residence
Doctorates from the University of Edinburgh.
Addition is proper and nature of the residence, a person not
WHO can have two residence in different places and at the same time,
mainly because a person only has a body. It
ie in our case, Humberto can not have their residence, live in
Edinburgh and in Chile, at the same time.
Also come to the aid in determining the residence of individuals,
generally in the tax laws of each country. Because
is understood as a general rule, that all citizens are taxed in the
country in which they live or have their principal residence. With few exceptions,
in which a person living in a particular anti pas debertributar
in another country, if the latter has source of income.
If it is held that Humberto has a residence in Chile, we use the
tax sharee'ah that country, especially that relating to tax
on income from property in Chile or activities
l developed, ie Chilean source.
To understand the Chilean sharee'ah then residence, to
tax purposes to:
* "Resident" means any natural person to remain in Chile more than six
months in a calendar year, WHO six months in total, in two
consecutive tax years, *
Therefore, we must ask, assuming that a person can not
have two different residences and at the same time, if resident in
Chile means being more than six months in the country, and on the other hand,
residence regulations of the University of Edinburgh, will require
Humberto live in Edinburgh or its vicinity during the term of their
studies, how may reside at the same time in Chile and Edinburgh?
*
*
* The point to be discussed is (from my point of view): *
It violates the requirement of establishing residence Principles
* Operating LACRALO have their primary residence in
different passes of the region by Humberto Carrasco currently have their
residence in Edinburgh? *
I hope we can discuss this issue to make clear our
processes.
_______________________________________________
[[--Original text (es)
http://mm.icann.org/transbot_archive/91863072bd.html
--]]
More information about the lac-discuss-en
mailing list