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[ga] Pursuing Progress on Transfers
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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