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  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’s small team Council  [ took into account the ] the feedback from the ICANN Board and finalized the Council’s Clarifying Statement [by removing the text in the Clarifying Statement relating to the enforceability of PICs and RVCs and holding this over, pending further feedback from the ICANN Board].
  9. The Clarifying 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. 

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