Under this agreement between ICANN and the Number Resource
Organization (NRO), the NRO shall fulfill the role, responsibilities
and functions of the ASO as defined within the ICANN Bylaws as
referenced at [ICANN-BYLAWS].
The NRO Number Council, acting as the ASO Address Council, shall
admit liaisons from emerging Regional Internet Registries and
liaisons from other ICANN entities.
All liaison positions shall be determined by liaison agreements as
shall be made in writing with the NRO.
The NRO will provide all Secretariat services to support functions
described by this agreement.
Global Policy Development Process
Global policies are defined as policies that have the consensus of
all RIRs and ICANN, and require specific actions or outcomes on the
part of IANA or any other external ICANN-related body in order to be
Global policies will be developed in the context of this agreement,
according to the processes defined by attachment A to this MoU.
Under this agreement the ICANN Board will ratify proposed global
policies, using review procedures as determined by ICANN.
The regions serviced by each RIR shall be defined by the RIRs in a
manner of their choosing. The RIRs shall ensure that all possible
service areas are encompassed.
In the event that the NRO is in dispute with ICANN relating to
activities described in this MoU, the NRO shall arrange arbitration
via ICC rules in the jurisdiction of Bermuda or such other location
as is agreed between the NRO and ICANN. The location of the
arbitration shall not decide the laws to be applied in evaluating
this agreement or such dispute.
Periodic Review of the ASO
With reference to the provisions of Article IV, Section 4 of the
ICANN ByLaws [ICANN-BYLAWS], the NRO shall provide its own review
Periodic Review of the MoU
The MOU signatories will periodically review the results and
consequences of their cooperation under the MOU. When appropriate,
the signatories will consider the need for improvements in the MOU
and make suitable proposals for modifying and updating the
arrangements and scope of the MOU. This MOU may only be amended or
supplemented in writing, signed by the parties.
From the date of signature this agreement supercedes and replaces the
MoU signed between ICANN, APNIC, ARIN and RIPE NCC in October 1999
with the subsequent inclusion of LACNIC in October 2002.
Nothing in this MOU shall be construed to create between or among any
of the parties a partnership, joint venture, or impose any trust or
partnership or similar duty on any party, including as an agent,
principal or franchisee of any other party.
Other than as provided for in this MOU, the parties shall not be
bound by or be liable for, any statement, representation, promise,
agreement or other binding commitment of any kind on behalf of any
other party, without that parties prior written consent.
The non-exercise of or delay in exercising any power or right of a
party does not operate as a waiver of that power or right, nor does
any single exercise of a power or right to preclude any other or
further exercise of it or the exercise of any other power or right. A
power or right may only be waived in writing, signed by the party to
be bound by the waiver.
No party may transfer or assign any or all of its interest, rights or
obligation arising under this MOU without the prior written consent
of each other party to this MOU.
ICP-2: Criteria for Establishment of New Regional Internet Registries
Published by ICANN 7 July 2001.
BYLAWS FOR INTERNET CORPORATION FOR ASSIGNED NAMES AND NUMBERS A
California Nonprofit Public-Benefit Corporation As amended effective
26 June 2003
Global Policy Development
"Global policy" is a policy that has the consensus of all
RIRs and ICANN, and require specific actions or outcomes on the part
of IANA or any other external ICANN-related body in order to be
"ASO Address Council" is a reference to the NRO Numbers
Council acting as the ASO Address Council as described in Section 3
of the ASO MoU.
The policy development process relating to global policies concerning
the administration of Internet number resources will operate as
A proposed global policy must be forwarded into each of the
regional policy development processes hosted by each RIR.
The proposer has the duty to assist relevant communities within
each regional policy forum to make them aware of the deliberations
of their peers in the other regional policy forums.
It is recognized that the outcomes of consideration of a proposed
global policy may differ in terms of specific language and detail
from region to region. The staff of the RIRs will work with each
other, and with the policy proposer to document the common elements
of such outcomes.
This common text will be ratified by the Boards of the RIRs as a
consensus position of the RIRs.
This ratified common text is the proposed global policy proposal
that is forwarded to the ASO Address Council.
The ASO Address Council, shall review the process followed by the
RIRs in terms of reaching a consensus position and a common text to
describe the proposed global policy, and undertake measures in
accordance with an adopted procedure to assure itself that the
significant viewpoints of interested parties were adequately
The ASO Address Council shall forward the proposed policy to the
The ICANN Board may review the policy proposal and may ask
questions and otherwise consult with the ASO Address Council and/or
the RIRs acting collectively through the NRO. The ICANN Board may
also consult with other parties as the Board considers appropriate.
Within 60 days of receipt of the proposed policy, including such
consultation as may occur in Step (8), the ICANN Board may either:
accept the proposal by a simple majority vote; or
reject the proposed policy by a supermajority (2/3) vote; or
by a simple majority vote request changes to the proposed policy;
take no action.
If the ICANN Board takes no action (that is, fails to take actions
(a), (b) or (c)) within the 60-day window, the proposed policy is
deemed to be accepted by the ICANN Board and it becomes global
policy. In case (c), should at least one of the RIRs agree that
changes need to be made, the status of the proposed policy reverts to
Step 1. If none of the RIRs accept the case for changes, then the
proposed policy continues to Step 10.
If the ICANN Board rejects the proposed policy following Step 9(b),
it must deliver to the ASO Address Council a statement of its
concerns with the proposed policy, including in particular an
explanation of the significant viewpoints that were not adequately
considered during the regular RIR process, within 60 days of the
The ASO Address Council, in conjunction with the RIRs and working
through agreed procedures, shall consider the concerns raised by
the ICANN Board, and engage in a dialogue as appropriate with the
If the NRO Executive Council indicates that there is RIR consensus,
the ASO Address Council may forward a new proposed policy (either
reaffirming the previous proposal or a modified proposal) to the
ICANN Board. Alternatively, the NRO Executive Council may indicate
that the policy proposal shall be reconsidered by the RIRs, and the
proposed policy reverts to Step 1.
The resubmitted proposed policy then becomes a global address
policy unless, by a supermajority (2/3) vote, the ICANN Board
rejects this resubmitted proposal within 60 days of receipt of the
new proposed policy, in which case it does not become a global
If the resubmitted proposed policy is rejected for a second time by
ICANN, then the RIRs or ICANN shall refer the matter to mediation
using an agreed procedure to resolve the matter.
Through the provisions of an agreement to be executed between the
RIRs and ICANN, it is recognized that the ICANN Board has the
ability to request that the ASO Address Council initiate a policy
development process through the RIRs, using the policy development
procedure described above. Any such request must include an
explanation of the significant viewpoints that call for policy
development. This provision, and the similar provision in Step 10.
of the policy development procedure described above, are intended
to ensure that the ICANN Board acts in these circumstances only
with substantial, credible, and defensible support from the
In bringing a policy proposal to the regional policy forums it is
expected that the ICANN Board will nominate a presenter of the
All global policies in full force and effect on the day this
agreement is executed shall continue in full force and effect until
specifically superceded by global policy outcomes from the process
All global policies adopted will be published in the NRO and the
ICANN web sites.
Global policies adopted previous to this MOU will also be published
in these sites, with a clear indication that they were adopted
prior to the current policy procedure.