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1. The GNSO Council adopts the recommendations as outlined in section #2 (SOI Recommendations) and #3 (Proposed Updates to the GNSO Operating Procedures), with the caveat that the proposed updates to the GNSO Operating Procedures will not be implemented until resolved #2 and #3 have been completed.
2. The GNSO Council requests that the GNSO Policy Development Support Staff develop a proposed implementation plan for these recommendations, recognising that exploring the technical options as well as the transition needs careful consideration.
3. The GNSO Council will consider the proposed implementation plan and as part of that consideration confirm when the proposed updates to the GNSO Operating Procedures are expected to take effect.
4. The GNSO Council thanks the members of the GNSO SOI TF as well as the CCOICI for its work.

Motion to Approve Fundamental Bylaws

Submitted by Greg DiBiase

Seconded by 

Whereas, the ICANN Board convened the Second IANA Naming Function Review ("IFR") to satisfy the requirement under Section 18.2(b) of the ICANN Bylaws that "Periodic IFRs after the first Periodic IFR shall be convened no less frequently than every five years, measured from the date the previous IFRT for a Periodic IFR was convened."

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Whereas, the first IFRT provided its Final Report to the ICANN Board to the ICANN Board on 8 April 2021, and the Board accepted all recommendations in the Report on 12 May 2021. This includes Recommendation 3, to amend the IFR Bylaws at Article 18, Section 18.12 to remove a duplicative requirement.

Whereas, as part of a 2019 public comment forum on a previous IFR team composition issue resulting in a Bylaws change, the Registries Stakeholder Group (RySG) requested additional changes to the IFR team composition to account for difficulties in achieving geographic diversity among RySG appointees.

Whereas, Article 19 regarding the IANA Naming Function Separation Process is also appropriate to update (at Section 19.5) at this time, to (1) conform to the 2019 Bylaws amendments regarding ccNSO representative selection; and (2) address the same diversity considerations raised by the RySG in relation to Article 18.

Whereas, Articles 18 and 19 of the ICANN Bylaws are identified as "Fundamental Bylaws", requiring formal Empowered Community approval of amendments. Due to the significant procedural requirements for consideration of Fundamental Bylaws changes, and to reduce duplication of processes, all proposed amendments to Articles 18 and 19 are being presented together.

Whereas, a public comment forum on the Proposed Fundamental Bylaws was open from 9 March 2023 – 18 April 2023, and no comments were received in opposition to the proposed amendments. A commenter noted a need to update two additional references (at Section 18.8(d) and 19.6(a) to align with the updated numbering within the two composition sections. Those changes are not material and are appropriate for incorporation without further public comment.

Whereas, the ICANN Board's Organizational Effectiveness Committee (OEC) has recommended that the Board approve the Fundamental Bylaws Amendments to Article 18 as recommended within the Recommendation of the Final Report of the IFR, as well as additional proposed amendments to clarify the IFR processes and respond to the RySG request and the corresponding clauses within Articles 18 and 19.

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Resolved, the GNSO Council hereby confirms the Fundamental Bylaws Amendments to Articles 18 and 19 of the ICANN Bylaws relating to IANA Naming Function Reviews and the IANA Naming Function Separation Process.