[lac-discuss-en] =? Iso-8859-1? Q? Consulta_a_la_Regi = F3n_-_Eleccion? == Iso-8859-1? Q? Es_ALAC_!? =

Thu Aug 9 00:06:23 UTC 2012

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 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 =&gt; 

 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 (&quot;Domicile&quot;) 
 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 &quot;Domicile,&quot; 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&gt; 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:

 * &quot;Resident&quot; 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. 
 _______________________________________________ 

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