2003-09-12 - Amendment No. 6 to MoU with U.S. Department of Commerce

Whereas, on 25 November 1998 the Department of Commerce of the United States Government ("DoC") entered into a Memorandum of Understanding (MoU) with ICANN, recognizing it as the global participation, not-for-profit corporation assuming 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 ("Tasks"), as well as assume certain responsibilities and work collaboratively with the DoC during a transition period in which the effectiveness and stability of these mechanisms would be demonstrated;

Whereas, the MoU originally provided for an expiration date of 30 September, 2000 and has been amended five times to date, providing for additional one-year extensions and further defining and refining the various Tasks set forth therein;

Whereas, the MoU, as last amended, currently provides for a scheduled expiration date of 30 September 2003;

Whereas, ICANN submits status reports to the DoC as required under the MoU describing the progress ICANN has made on completing the Tasks;

Whereas, the ICANN Board and the DoC recognize that, while significant progress has been made, the Tasks will not be completed by the currently established 30 September 2003 expiration date for the MoU;

Whereas, the DoC has proposed Amendment No. 6 to the MoU, further describing and refining the Tasks, responsibilities of ICANN, and collaborative work to be undertaken with the DoC, and providing until 30 September 2006 to complete the remaining Tasks;

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

Whereas, the Board has engaged in lengthy discussion, deliberation, consideration and evaluation regarding the proposed amendment, has had the opportunity to ask questions and obtain additional background and context regarding the amendment from the President and has duly noted and remarked upon the changes from the MoU as currently in effect;

Whereas, the President has recommended to the Board that the proposed amendment be entered into by ICANN;

Whereas, the Board has determined that the proposed amendment is in the best interests of ICANN and benefits the general Internet community as a whole, is in furtherance to achievement of the mission and goals of ICANN and the values of its constituent groups, and is appropriate for the continued growth and progress of ICANN;

Whereas, the President has stated his belief that the Tasks as set forth in the amendment are achievable under the terms of the MoU as to be amended;
The following resolutions were presented for consideration by Mr. Pisanty, and seconded by Mr. Markovski:Resolved [03.147] that the President is authorized to enter into an Amendment No. 6 to the MoU on behalf of ICANN, in substantially the form as presented to the Board; and

Resolved [03.148] that upon execution of the amendment by both parties, the President is authorized and directed to take such actions as appropriate to implement the amendment.