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1. The GNSO Council adopts the Charter for the Registration Data Request Service (RDRS) Standing Committee to help inform the next steps on the SSAD policy recommendations [include link].
2. Prior to the launch of the RDRS Standing Committee, the GNSO Council will identify a Chair.
3. The GNSO Council requests the GNSO Secretariat to confirm with the existing EPDP Phase 2 small team members if they are willing to continue as members of the RDRS Standing Committee and/or identify any alternates that may take their place in case of absence. Similarly, the GNSO Secretariat will reach out to the existing ICANN Board liaison and ICANN org liaison to confirm their willingness to continue in their role on the Standing Committee. If not, a new liaison(s) will be requested to be identified.
4. The GNSO Council expects that the RDRS Standing Committee will become operational upon the moment of the public RDRS launch. Until that time, the EPDP Phase 2 small team is expected to continue its engagement with the ICANN org team, as necessary, in fulfillment of its assignment. Upon the public launch of RDRS, the EPDP Phase 2 small team will cease to exist. Any remaining activities at that point will transition to the RDRS Standing Committee.
5. The GNSO Council thanks the EPDP Phase 2 small team for its work to date and appreciates the willingness of its members to continue contributing to this important topic.

Approval of the GNSO Council’s Clarifying Statement Regarding Select Pending SubPro Recommendations

 Submitted by Greg DiBiase

Seconded by 

Whereas, 

1. The GNSO Council adopted the Final Report of the New gTLD Subsequent Procedures (SubPro) PDP on 18 February 2021.
2. On 16 March 2023, the ICANN Board adopted the majority of the SubPro Outputs, as identified in Section A of the Scorecard, while designating a select set of recommendations as pending, identified in Section B of the Scorecard.
3. The GNSO Council established a small team to carefully review the pending SubPro recommendations and identify the best path forward to seek to resolve the issues that were preventing Board adoption of the pending recommendations.
4. The GNSO Council’s small team benefited greatly from the open and frank dialogue with the co-leads of the Board’s Caucus on SubPro.
5. On 22 May 2023, the GNSO Council and ICANN Board discussed the expectation that for certain pending recommendations, a Clarifying Statement from the Council may be sufficient to mitigate the concerns preventing adoption of some of the pending recommendations.
6. At ICANN77, the GNSO Council and ICANN Board reached agreement on the specific set of pending recommendations that may be resolved via a Clarifying Statement from the Council.
7. The GNSO Council’s small team developed a draft Clarifying Statement that was discussed with the Council during its July meeting and was subsequently shared with the ICANN Board for their consideration of whether the Clarifying Statement does indeed address the Board’s concerns.
8. The GNSO Council took into account the feedback from the ICANN Board and finalized the Council’s first Clarifying Statement by removing the text in the Clarifying Statement relating to the enforceability of PICs and RVCs and holding this over to a future Clarifying Statement, pending further feedback from the ICANN Board.
9. The GNSO Council approved the first Clarifying Statement durings its August 2023 meeting.
10. The ICANN Board’s SubPro caucus shared feedback on the recommendations relating to the enforceability of PICs and RVCs with the Council’s SubPro Pending Recommendations small team; the small team subsequently finalized the Council’s second Clarifying Statement (add link when available).
11. As with the first Clarifying Statement, this second Clarifying Statement should also be read as complementary to the relevant pending recommendation(s) and should be considered jointly with the recommendations for the purposes of implementation. 

Resolved, 

1. The GNSO Council approves the second Clarifying Statement (add link when available) regarding select pending SubPro recommendations and stresses that the statement should be read as complementary to the relevant pending recommendation(s) and should be considered jointly with the recommendations for the purposes of implementation.
2. The GNSO Council requests that the GNSO Secretariat communicate resolved #1 to the ICANN Board and provide the Board with the Clarifying Statement.
3. The GNSO Council extends its thanks to the ICANN Board for its collegial, constructive, and pragmatic approach to addressing select pending recommendations and in particular, extends thanks to the co-leads of the Board’s Caucus on SubPro, Avri Doria and Becky Burr.