from Shukhrat M. Akhundjanov to Abdulla N. Aripov
No. 27 - 18 October 2002
Mr. Abdulla N. Aripov
Dear Mr. Aripov,
In accordance with redelegation procedures, ICANN requests confirmation that Uzinfocom and the Uzbekistan Government have agreed that Uzinfocom will comply with Clause 9 of the GAC Principles. Uzinfocom believes that its Charter and the terms of the Agreement between Communications and Information Agency and Uzinfocom on management of "UZ" country code top level domain dated 18 October 2002 (the Agreement) indicate that this is the case. However, for the sake of clarity, I set out below our position on each of the said principles.
GAC Principles Clause 9 Analysis:
Uzinfocom believes that these matters are covered to the Governmental satisfaction by the Agreement. Item 2.1. of the Agreement states that "In the case when the Center violates the terms of this Agreement, the Agency shall have a right to terminate the Agreement and designate a new delegee of "UZ" ccTLD".
Uzinfocom believes that the Agreement and particularly Item 5.4. of the Agreement clearly indicates that Uzinfocom will operate the "UZ" ccTLD in the best interests of both the Uzbekistan and global Internet community.
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.
Item 5.1. of the Agreement and Item 1.3. of Uzinfocom Charter obliges Uzinfocom to conform with Uzbekistan laws and regulations, and international law and international conventions, approved by Uzbekistan.
Item 5.5. of the Agreement clearly states that "The Center understands that the management and administration of the "UZ" ccTLD are subject to the ultimate authority of the Agency and thus the Center shall not acquire property rights to the "UZ" ccTLD itself".
Item 5.6. of the Agreement clearly states that " The Center is obliged to transfer 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 recognized 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.
In accordance with Item 5.2. of the Agreement registrations require the registrant to be the legal resident in the Republic of Uzbekistan.
Item 5.14. of the Agreement states that "In the case of disputes arising from domain name registration, the Center should, so far as possible, without precluding access to court litigation, implement Uniform Domain Name Dispute Resolution Policy of ICANN and Rules for Uniform Domain Name Dispute Resolution Policy, approved by ICANN".
Item 5.13. of the Agreement clearly states that "The Center agrees to enter into "UZ" ccTLD Sponsorship Agreement with ICANN and to comply with its terms". And in accordance with Item 4.2. of the Agreement "The Agency shall supervise the execution of the Center’s obligations defined by this Agreement and "UZ" ccTLD Sponsorship 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.
This principle is not applicable to Uzinfocom because all "UZ" ccTLD registrations require the registrant to be the legal resident in the Republic of Uzbekistan.
Uzinfocom is resident inside the territory of Uzbekistan.
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.
Item 5.8. of the Agreement clearly states that "The Center shall not sub-contract technical operations of the ccTLD registry without ensuring that the sub-contractor satisfies the technical qualifications required by ICANN, and informing ICANN."
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.
Item 5.9. of the Agreement clearly states that "In the case of sub-contracting, the Center shall include in Contract with sub-contractor the article stating that the delegation itself is an exercise of a public right, not an item of property, and cannot be reassigned to a new delegee".
We believe that the above-stated information is sufficient for you to provide the necessary confirmation to ICANN but, should you require any further information, please do not hesitate to contact me.
should be sent to firstname.lastname@example.org.