2 November 2010
This document lists the passages from ICANN’s Bylaws referring to the Board’s required response to policy and other advice from the Governmental Advisory Committee (GAC). Other passages related to the GAC’s advisory responsibility are also included.
ICANN’s Bylaws can be found on the ICANN Website at:
http://www.icann.org/en/general/bylaws.htm#XI.
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Bylaw passages regarding advise to the Board from the GAC
(Below bolding was added.)
ARTICLE XI: ADVISORY COMMITTEES
Section 2. SPECIFIC ADVISORY COMMITTEES
1. Governmental Advisory Committee
a. The Governmental Advisory Committee should consider and provide advice on the activities of ICANN as they relate to concerns of governments, particularly matters where there may be an interaction between ICANN's policies and various laws and international agreements or where they may affect public policy issues.
h. The Board shall notify the Chair of the Governmental Advisory Committee in a timely manner of any proposal raising public policy issues on which it or any of ICANN's supporting organizations or advisory committees seeks public comment, and shall take duly into account any timely response to that notification prior to taking action.
i. The Governmental Advisory Committee may put issues to the Board directly, either by way of comment or prior advice, or by way of specifically recommending action or new policy development or revision to existing policies.
j. The advice of the Governmental Advisory Committee on public policy matters shall be duly taken into account, both in the formulation and adoption of policies. In the event that the ICANN Board determines to take an action that is not consistent with the Governmental Advisory Committee advice, it shall so inform the Committee and state the reasons why it decided not to follow that advice. The Governmental Advisory Committee and the ICANN Board will then try, in good faith and in a timely and efficient manner, to find a mutually acceptable solution.
k. If no such solution can be found, the ICANN Board will state in its final decision the reasons why the Governmental Advisory Committee advice was not followed, and such statement will be without prejudice to the rights or obligations of Governmental Advisory Committee members with regard to public policy issues falling within their responsibilities.
