ICANN Resolutions » 2002-09-17 - MoU with U.S. Department of Commerce

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2002-09-17 - MoU with U.S. Department of Commerce

Resolution of the ICANN Board
Amendment to the Memorandum of Understanding with Department of Commerce

Board authorizes the President to enter into Amendment 5 to the ICANN-DOC Memorandum of Understanding.

International Agreements
Meeting Date: 
Tue, 17 Sep 2002
Resolution Number: 
02.104, 02.105
Implementation Actions: 
  • Enter into amendment.
    • Responsible entity: President
    • Due date: None provided
    • Completion date: 19 September 2002
Resolution Text: 

Whereas, on 25 November 1998 the United States Government entered a Memorandum of Understanding (MOU) with ICANN, recognizing it as the private-sector, not-for-profit corporation that should assume various technical coordination responsibilities for the Internet;

Whereas, the MOU called for ICANN to develop and test various mechanisms to allow stable, private-sector technical coordination during a transition period in which the effectiveness and stability of these mechanisms would be demonstrated;

Whereas, the MOU's initially scheduled expiration date was 30 September 2000;

Whereas, the MOU has been amended twice to provide for one-year extensions, and is now scheduled to expire on 30 September 2002;

Whereas, on 15 August 2002 ICANN submitted its fourth status report to the United States Government under the MOU describing the progress ICANN has made on completing the tasks identified in the MOU;

Whereas, as recognized by the Board in undertaking ICANN's ongoing evolution and reform process, the transition tasks will not be completed by the currently established 30 September 2002 expiration date for the MOU;

Whereas, the U.S. Government has proposed an amendment to the MOU that provides an extension to complete the remaining tasks until 30 September 2003;

Whereas, the language of the proposed amendment has been presented to the Board;

Whereas, the President and General Counsel have recommended to the Board that the proposed amendment be entered;

Resolved [02.104] that the President is authorized to enter an Amendment 5 to the MOU, in substantially the form presented to the Board;

Resolved [02.105] that upon entry of both parties into the amendment, the President is authorized to take such actions as appropriate to implement it.
(The Board approved the above resolution by a 10-0-1 vote, with Mr. Auerbach abstaining.)

Additional Information: 
  • The resolution does not address funding for the items identified therein.
  • A copy of Amendment 5 is available via the link in the above resolution text. Historical versions of the ICANN/Department of Commerce MoU are available at http://www.icann.org/en/general/agreements.htm.