LacRALO%20MOU%20v1%20English.doc
MEMORANDUM OF UNDERSTANDING
1. Purpose and scope
1.1 This Memorandum of Understanding ("MOU") defines an agreement between the Signing Organizations and the Internet Corporation for Assigned Names and Numbers. Its intent is to establish, and define activities to be carried out by, the Latin America & Caribbean Regional At-Large Large Organization, and supported by ICANN.
2. Definition of terms and abbreviations used in this document:
ICANN - Internet Corporation for Assigned Names and Numbers.
ALAC – ICANN At-Large Advisory Committee.
Signing Organizations – Organizations in the Latin America & Caribbean region certified by the ALAC as “At-Large Structures” that are signatories to this MOU.
LACRALO – Latin America & Caribbean Regional At-Large Organization.
LACRALO Council – Council governing the LACRALO
Latin America & Caribbean Region – Countries recognized by ICANN as being in this geographic region.
At-Large Structure (ALS) – An organization certified by the ALAC according to published criteria and standards.
LACRALO Operating Principles – Document describing the agreed functionality of the Latin America & Caribbean Regional At-Large Organization.
3. Composition of LACRALO.
3.1 The LACRALO shall be comprised of At-Large Structures and individuals with non-commercial specific interests within the Latin America & Caribbean Region. All interested citizens or residents are welcomed to join an ALS or form a new organization and apply for ALS certification.
3.2 To help ensure participation by any interested individual in the Latin America & Caribbean Region, the LACRALO will encourage the formation and certification of additional At-Large Structures and their participation in the LACRALO.
3.3. The LACRALO will provide advice to the ICANN At Large Advisory Committee about the certification of different ALSs and the use of outreach and communication tool across the region.
4. Agreed responsibilities of ICANN.
ICANN agrees that during the term of this MOU it will work in conjunction with the LACRALO to support At-Large activities within the Latin America & Caribbean Region, including:
4.1. Helping to inform individual Internet users in the Latin America & Caribbean Region about ICANN news, meetings, policy development activities, and opportunities for ICANN participation;
4.2 Helping to promote outreach activities in the community of individual Internet users in the Latin America & Caribbean Region to advance understanding of, and participation in, issues addressed by ICANN that affect individual Internet users;
4.3 Offering Internet-based mechanisms that enable discussions among members of At-Large structures in the Region and with those involved in ICANN decision-making, and encourage interested individuals to share their views on pending ICANN issues.
4.4 Supporting a LACRALO Secretariat.
4.5 Certifying, through the ALAC, groups of individual Internet users in the Region as At-Large Structures using the minimum criteria and certification process posted by the ALAC at http://alac.icann.org/correspondence/structures-app.htm
4.6 Assuring the timely availability of any and all major documents produced by ICANN, defined as contracts, relevant MOUs, policy briefings, staff reports and Strategic and Operational plan, in Spanish and Portuguese.
5. Agreed responsibilities of the LACRALO.
The Signing Organizations agree that during the term of this MOU they will work in conjunction with ICANN to support At-Large activities within the Latin America & Caribbean Region, including:
5.1. Helping to inform individual Internet users in the Latin America & Caribbean Region about ICANN news, meetings, policy development activities, and opportunities for ICANN participation;
5.2 Helping to promote outreach activities in the community of individual Internet users in the Latin America & Caribbean Region to advance understanding of, and participation in, issues addressed by ICANN that affect individual Internet users;
5.3 Offering Internet-based mechanisms that enable discussions among members of At-Large structures in the Region and with those involved in ICANN decision-making, and encourage interested individuals to share their views on pending ICANN issues.
5.4 Selecting two members to serve on the ALAC.
5.4.1 Each At-Large Structure within the Latin America & Caribbean Region shall be responsible for participating in the selection of two (2) individuals to serve as members of the ALAC for such terms as are specified by ICANN’s by-laws. For this purpose, all the individual users participating in the RALO will have a common single vote, as they were a single structure. Selected individuals must be members of different At-Large Structures based in different countries in the Latin America & Caribbean Region, and they may not be citizens of the same country. They will have the responsibilities described in the ICANN By Laws and the LACRALO Operating Principles.
5.5 Periodically reviewing the results of their cooperation under the MOU and, when appropriate, recommending improvements in the MOU.
6. General provisions.
6.1 This Agreement requires the approval or ratification of the ICANN Board of Directors.
6.2 This MOU will remain in effect until either modified or cancelled by mutual consent of the Signing Organizations and ICANN.
6.3 This Agreement will become effective when signed by all parties. The Agreement will terminate on July 30th, 2010, but may be amended at any time by mutual agreement of the parties. Either party may terminate this Agreement by providing one hundred twenty (120) days written notice to the other party. In the event this Agreement is terminated, each party shall be solely responsible for the payment of any expenses it has incurred.
IN WITNESS WHEREOF, this Memorandum of Understanding is executed as of this … day of … 2006 by the undersigned, acting through their duly authorized representatives:
(Organizations)
Internet Corporation For Assigned Names And Numbers
Quick question - should we have a renewal clause in there? That it is in force until 2010, but will be automatically renewed unless... etc?
contributed by jam@jacquelinemorris.com on 2006-10-18 05:32:17 GMT
Actually, I would prefer to see an affirmative requirement for renewal using the 120 day framework. I would therefore suggest extending Clause 6.3 to read "Either party may terminate or renew this agreement......."
contributed by carlton.samuels@uwimona.edu.jm on 2006-10-18 23:23:48 GMT
I support Carlton on this one
contributed by brainstreetceo@gmail.com on 2006-10-19 15:12:54 GMT
Some comments:
Paragraph 1.1: The word "large" is repeated twice.
Paragraph 4.4: How ICANN will support the Secretariat? With funds, legal assistance, travel expenses, etc. I would recommend to specify a little bit more the scope of the support rendered by ICANN.
Paragraph 6.3: Reading the clause and the previous comments, I think that the writer when said "amended" meant "renewed". Because, the amendment process is included in paragraph 6.2 (...modified or cancelled by...).
The last sentence is critical, if the MOU is terminated for any cause, each party shall bear its own expenses. It doesn't clarify if the clause is applicable to future non-agreed expenses or to previous agreed expenses, or to both. I propose to reduce the scope by saying: "...expenses it has incured after receiving the termination notice herein stated."
Regards, Matías Altamira (IIISI Rep.)
contributed by matias@altamiragigena.com.ar on 2006-11-21 20:40:48 GMT
