[ga] Pursuing Progress on Transfers

[DannyYounger@cs.com]

Dear Vint,

Transfers of sponsorship are governed by the "Policy on Transfer of 
Sponsorship of Registrations Between Registrars" that appears as an exhibit 
to the Registry-Registrar Agreement for each top-level domain.  ICANN's 
Reconsideration Committee responding to Request 02-2 has stated, "ICANN, 
however, is not a party to those agreements and is not entitled to enforce 
them."  The Committee has further stated, "Because the "registrar 
requirements" regarding transfers are not included in any contract 
enforceable by ICANN, it is not appropriate that ICANN attempt to enforce 
them."

A simple and pragmatic solution to the ongoing problem of transfers might be 
found by incorporating the language of the "exhibit" within the Registrar 
Accreditation Agreement to which ICANN is indeed a signatory, thereby 
allowing for the prospect of enforcement.  In your view, would the Board be 
amenable to such an approach?

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