Number Resource Organization - Open Letter to ICANN from the Regional Internet Registries

Open Letter to ICANN from the Regional Internet Registries
06 November 2003

Since early 2002 the Regional Internet Registries (RIRs) have conducted an extended dialog with ICANN following the original ICANN proposals for Evolution and Reform of ICANN.

The first RIR response to the ICANN Evolution and Reform Committee in May 2002 [1] enumerated eleven general principles regarding the RIR position on number administrative arrangements. This RIR response proposed a structure that, in the RIRs' view, would improve the overall efficiency and effectiveness of number management from the perspectives of policy development, administrative control and operational processes.

The second RIR submission to ICANN in June 2002 [2] outlined the relationship between the RIRs and ICANN and responded to a number of ICANN Evolution and Reform proposals that had a direct bearing on the Internet's number administration function. In this document the RIRs proposed a reformed structure that allowed ICANN to properly assume a responsibility for oversight of RIR activities in terms of adherence to properly adopted policies and processes. This proposal also advocated a greater level of delegation of address-related administrative functions to the RIRs. In this proposal the RIRs noted that some form of delineation of roles between review and operational responsibility was considered necessary. To this end, and also considering the desire to achieve enhanced stability and efficiency of the overall process, the RIRs proposed that the responsibility for the maintaining the IANA Address Registry would be undertaken by the RIRs. In this submission the RIRs also proposed some changes to the operation of the Address Supporting Organization's Address Council, namely that the Council assume the responsibility for adoption of global policies and the recognition of new RIRs, and that ICANN act as a review body for such decisions.

This submission was followed by a more detailed RIR proposal for evolution and reform [3]. The proposal built upon the previous two RIR documents and proposed the delegation of coordination functions of Internet number resource management to a Number Resource Registry.

Subsequent meetings with members of the ICANN Evolution and Reform Committee at the ICANN meeting in October 2002 indicated that ICANN did not currently see delegation of the number resource administrative functions as being consistent with the provisions of its By Laws [4]. The ICANN response to the RIRs was formulated as a discussion draft [5]. The RIRs responded to this draft, indicating those areas where the RIRs felt there were weaknesses in the ICANN response [6]. Following further meetings with ICANN Evolution and Reform Committee members in December of 2002, ICANN provided to the RIRs a status summary at the start of 2003 [7].

The RIRs concluded that the most productive means of undertaking reform in this area was for the RIRs to undertake a detailed assessment of the ways and means that the RIRs work together and generally interact jointly with external entities, and then look more specifically at the interaction with ICANN. This has formed the basis for the RIRs' activity in recent months. This RIR effort has included a detailed investigation of the background and current status of coordination of Internet number resource administration, the various interests of the stakeholders in this activity. and a detailed assessment of the strengths, weaknesses and risks within the current framework.

The RIRs acknowledge the benefits in the ICANN structure in terms of providing an open framework for the coordination of a number of critical Internet administration functions, and have determined that they will continue to work within this framework and support ICANN in this endeavour.

At the same time the RIRs are aware that ICANN is a private corporate entity, and that its future is one that is not absolutely assured. There is a risk, as with any private corporate entity, that the entity may fail. Failure of ICANN includes the risk of a freezing of the unallocated number pool, which in turn places a significant risk in the continued operation of the registries and the application of their policies. The ultimate risk here is a shift in the number administration from the careful preservation of uniqueness within the assignment of number resources to one of chaotic number movement, with its attendant consequences which appear to inevitably include a breakdown of the coherency of the Internet's address realm. Obviously, this is not an acceptable outcome under any circumstances.

In seeking an appropriate response to this perceived risk, and at the same time in seeking to create a structure of interaction between the RIRs and ICANN where the desires and objectives of ICANN and its stakeholders can be achieved in the same vein that the desires and objectives of the RIRs and their members and stakeholders can be achieved, the RIRs have been developing an approach to evolution and reform that is outlined here.

Underpinning the structure is the proposal for the four RIRs to execute an agreement between themselves in order to create a joint entity that can undertake those roles where the coordinated action of all the RIRs is required or appropriate. There are coordinated activities of this nature being performed at present, and this proposed joint entity provides a formal residence for such activities. It is also structured in such a way that it is capable of providing continuity of coordination of number resource administrative functions if so required in the event of failure of ICANN. This entity is termed in the accompanying documents as the Number Resource Organization.

This entity is also offered to ICANN as the vehicle for interaction between the RIR and number community and ICANN, undertaking the current roles of the Address Supporting Organization from ICANN's perspective. The RIRs are in broad agreement with ICANN over the proposed Global Policy Development Process for Number Resources and the proposed Address Supporting Organization Memorandum of Understanding with ICANN provides a description of that process.

Accordingly, the RIR's evolution and reform response is described in two parts, a proposed Number Resource Organization agreement between the RIRs, and a proposed agreement between this Number Resource Organization and ICANN that would reform the Address Supporting Organization.

Within this proposed framework the essential elements of interaction between the RIRs and ICANN remain unaltered. ICANN continues to operate the unallocated Internet number resource registries. The Board of ICANN has the continued ability to ratify proposed global number resource policies. An Address Council continues to undertake a role as a source of advice to the Board of ICANN on Number Resource matters, as well as shepherding proposed global address policies through ICANN for ratification.

At the same time this proposal offers the RIRs a means of working together in a range of areas, including interaction with ICANN, and also offers the RIRs some added level of assurance that the number resource function can continue to operate in the face of potential organizational disruptions. The proposal also attempts to place a more substantive agenda before the Address Council, allowing it a well-defined role in the policy development process. It is proposed to be the responsibility of this council to provide assurance to all stakeholders that proposed global policies have been developed in a careful and considered manner, and that the interests of all significant stakeholders have been identified and addressed within the overall policy development process.

Through the delivery of this open letter to ICANN, the RIRs would like to advise ICANN of the formation of the Number Resource Organization as described in an attached Memorandum of Understanding to this document (Attachment 1). The RIRs would also like to commend the attached Address Supporting Organization Memorandum of Understanding to ICANN for their consideration (Attachment 2).

Signed by the Chairs of the Boards and Executive Councils of the RIRs:

__________ Asia Pacific Network Information Centre

__________ The American Registry for Internet Numbers

__________ Latin American and Caribbean Internet Addresses Registry

__________ Réseaux IP Européns Network Coordination Centre

References:

[1]
First Joint RIR Response to ICANN Evolution and Reform Committee, 20th May 2002.
http://www.apnic.net/community/icann/docs/rir-statement-20020508.html
[2]
Second Joint RIR Response to ICANN Evolution and Reform Committee, 20th June 2002.
http://www.apnic.net/community/icann/docs/rir-statement-20020621.html
[3]
RIR Blueprint for Evolution and Reform of Internet Address Management, October 2002
http://www.apnic.net/community/icann/docs/blueprint/nrr-blueprint-20021010.html
[4]
ICANN By Laws, Article I (Mission and Core Values), Section 2 (Core Values), Item 3
http://www.icann.org/general/bylaws.htm
[5]
ICANN Discussion Draft Version 2.0 5th November 2002.
http://www.potaroo.net/garboards/2002-11-02-icann-to-rir.pdf
[6]
RIR response to Discussion draft, 13th November 2002.
http://www.potaroo.net/garboards/2002-11-08-rir-to-icann.txt
[7]
ICANN Status Summary, January 2003.
http://www.potaroo.net/garboards/AP_to_RIRs_1-10-021.pdf

Attachment One

Proposed
Agreement between the RIRs to create the Number Resource Organization

The Number Resource Organization

1. The Number Resource Organization

The name of this organization is the Number Resource Organization (NRO).

The organization shall begin operations on the date this document is signed by the last founding Regional Internet Registry (RIR).

The organization shall initially be unincorporated, but may be legally incorporated in a jurisdiction acceptable to all RIRs. Any legal obligations incurred or undertakings made by the NRO either in its unincorporated status, or once incorporated, shall require the prior written commitment of all RIRs through the signature of all RIR CEOs.

The NRO will include those RIRs who are signatories to this document. The domicile and characteristics of this legal incorporation shall be agreed to in a supplemental writing signed by each RIR before it can be executed.

2. Purpose

The NRO shall be operated for the purpose of:

a. Serving as the coordinating mechanism of the RIRs to act collectively on matters relating to the interests of the RIRs, as delegated to the NRO by the unanimous written agreement of the RIRs.

b. Undertaking any joint operational or external activities delegated to the NRO by the RIRs.

c. Entering into appropriate cooperative agreements with representative Internet coordination or administrative bodies (including any national, international or public sector entity), on such terms as the NRO Executive Council deems appropriate, in order to coordinate the activities of the NRO with the activities of those of those bodies.

3. Role of RIRs in NRO

The four RIRs whose signatures are affixed to this document are referred to as "founding RIRs." Additional RIRs to the founding RIRs shall acquire the same legal status as the founding RIRs have in relation to the NRO upon the Executive Council finding the additional RIRs meet the criteria and process described in Section 14, and the new RIR signing the current version of this document.

4. Organizations Within the NRO

The NRO shall consist of the following suborganisations:

the NRO Executive Council,
the NRO Number Council and
a NRO Secretariat.

There shall be no compensated employees of the NRO while it remains an unincorporated entity, but RIRs may donate funds, personnel, services and equipment to the NRO at their individual discretion in addition to the provisions for cost sharing in Section 13 of this document. After incorporation, the NRO may employ temporary or permanent staff and incur expenses for services for specific NRO activities or functions, when the RIRs, acting through the CEOs of the RIRs or the Executive Council, have provided written approval for such hiring and expenditures, and have provided adequate funds to meet such expenditures.

5. Offices

The operational office of the NRO shall reside with the NRO Secretariat under the direction of the NRO Executive Council.

6. NRO Executive Council

The NRO Executive Council represents the NRO and its suborganizations in all matters.

a. Responsibilities.

The NRO Executive Council shall be the sole body empowered to represent the NRO, any of its component entities, and the RIR community in any interaction with any external organization, including any national, international or public sector entity as needed.

The NRO Executive Council shall be solely empowered to:

a. represent the RIRs on issues specifically delegated by the RIRs to the NRO, and

b. commit RIR resources in support of NRO activities, when unanimous agreement by the members of the Executive Council has been reached, to the extent that such resources have been or will be made available by the RIRs.

The NRO Executive Council shall ratify or reject proposed global IP number resource policies.

The NRO Executive Council shall, by unanimous approval of its members, develop procedures for conducting business in support of their responsibilities and submit these procedures to the Boards of all RIRs to obtain their approval

b. Composition.

The NRO Executive Council shall consist of one person selected by each RIR.

Each RIR Board shall be responsible for selecting an individual who is capable of performing the responsibilities described in Section 6(a) of this document.

The Chair of the NRO Executive Council shall be one of its members, and rotate on a regular annual basis once an initial order of the founding RIRs is agreed, in synchronization with the Secretariat function. RIRs added after the founding members shall assume the last position in the rotation as they are added. If the RIR Board which selected the person who is on the NRO Executive Council replaces the appointee, the superceding appointee shall immediately take the place of the predecessor person.

The Chair of the NRO Executive Council is empowered to sign documents and contracts on behalf of the NRO for any item approved unanimously in writing by the Executive Council. The cost of such contracts shall be equally divided among the RIRs, unless a specifically described per capita agreement is reached for allocating such costs.

7. NRO Number Council

The NRO Number Council shall act in an advisory capacity to the NRO Executive Council with the council's activities described as follows:

a. Responsibilities.

The NRO Number Council shall be responsible for the provision of advice to the Executive Council concerning the ratification of proposed global IP number resource allocation policies.

The NRO Number Council shall act as a point of consultation to external entities on proposed global IP number resource allocation policies, addressing questions that may be raised concerning such policy proposals, maintaining a dialogue with the entity and the RIRs concerning these proposals as required.

The NRO Number Council shall develop procedures in an accessible, open, transparent and documented manner for conducting business in support of their responsibilities and submit these procedures to the Executive Council for approval.

b. Composition.

The members of the NRO Number Council shall include:

a. One person appointed by the Board of each of the RIRs. If the RIR Board which selected the person who is appointed to the NRO Number Council replaces the appointee, the superceding appointee shall immediately take the place of the predecessor.

b. Two individual members selected via an open, accessible, documented and transparent procedure by the regional policy forum of each RIR shall be members of the NRO Number Council.

The Chair of the NRO Number Council shall be a member of the NRO Number Council elected by a majority of the members of the NRO Number Council by secret ballot for a term not to exceed one year.

Each emerging RIR shall be entitled to nominate up to three observers to the NRO Number Council. These observers shall not enjoy the privileges of membership and, specifically, observers cannot vote on the Number Council and cannot serve as the Number Council Chair.

8. NRO Secretariat

The NRO Secretariat shall undertake such operational responsibilities of the NRO organization, as directed by the NRO Executive Council.

The operation of NRO Secretariat shall rotate on an annual basis amongst the RIRs unless the NRO Executive Council unanimously directs the hiring of a professional staff at a fixed or changing location. The NRO Secretariat shall be responsible for those functions as designated by the NRO Executive Council.

The specific functions of the NRO Secretariat shall include:

Coordinate administrative matters relating to the functions of the NRO Executive Council and NRO Number Council.
Publish information related to activities of the NRO.
Other functions as designated by the NRO Executive Council.

9. Advisory Appeals Process

The NRO shall establish an NRO Advisory Appeals Panel, with one representative from each RIR region, but whose members shall not be employees or Board members of the RIRs. Advisory Appeals Panel members shall be knowledgeable members of the Internet community proposed for this role by the NRO Executive Council, for the purpose of hearing complaints relating to failure on the part of an RIR, the NRO or an NRO suborganization to follow its documented policy development process concerning global IP number resource policies. The panel shall not decide on the merit(s), or lack thereof regarding the underlying policies, but may provide a written report to the Executive Council indicating the Advisory Appeals Panel's evaluation of the complaint.

The Advisory Appeals Panel shall adopt such policies and procedures as are necessary to make it accessible and open, transparent and documented. These policies and procedures should include, but are not limited to, voluntary or requested recusal of representatives, procedures for reporting to the Executive Council, and procedures to address any allegation of fraudulent or dishonest conduct by representatives.

The Advisory Appeals Panel, at its sole discretion, may dismiss frivolous, repetitive or nuisance complaints without further review. The Advisory Appeals Panel decision is intended to serve as a persuasive advisory opinion, and it provides no basis for legal action in any jurisdiction.

10. Arbitration

a. In the event that an RIR is in dispute with the NRO relating to implementation of global policies, or with another RIR relating to the implementation of a coordinated policy, the NRO shall, at the request of one RIR, notify the others and arrange arbitration via ICC rules in the jurisdiction of Bermuda, or such other location as is unanimously agreed upon by each of the parties to the arbitration.

b. An organization which believes it has met the criterion of Section 15, but is refused the same legal status by the Executive Council in Section 3, may request and will be granted the right to arbitration pursuant to this provision.

c. This arbitration provision is not related in any way to the Advisory Appeals Process, described above. This arbitration provision creates no rights for any party except the RIRs who are signatories to this document, and such RIRs who are additional members as described in this document.

11. Global IP Number Resource Policy Development Process

Global Policies may be proposed to the NRO by any RIR member of the NRO. The NRO Secretariat will format such materials and distribute them to the RIRs and the NRO Number Council.

The NRO Number Council is then responsible for advising the NRO Executive Council on the ratification of such policies according to the following procedure:

The NRO Number Council shall undertake a review of any such policy to confirm that the documented RIR procedures were followed in its development and approval.
The NRO Number Council shall publicly post a last call for comments on the proposed policy for a defined period (30 days) to assure itself that the significant viewpoints of interested parties were adequately considered. According to the results of this call, the NRO Number Council may then give a recommendation to the NRO Executive Council on whether the policy can be ratified.
If it is the determination of the NRO Number Council the policy should not be recommended for ratification in clause 12b, it shall be referred by the NRO Number Council back to the RIRs for their consideration.

12. Technical Activity

Technical activities may be assigned by the RIRs to the NRO.

The NRO Executive Council may delegate to the Secretariat the performance of technical activities.

13. Finances

The following procedures shall apply to the NRO concerning financing the operation of the NRO:

NRO expenses must be approved in advance solely by unanimous authorization of the NRO Executive Council, and shall be borne by the RIR members on an equal basis of each RIR, unless specifically superceded by a specific or general per capita agreement by the NRO Executive Council.
An RIR that is subject to legal claims for its role in carrying out any duly authorized NRO activity shall have the right to seek contributions for its defence or to defray any resulting judgment pursuant to paragraph "a." Such contributions must be specifically authorized by the NRO Executive Council on a case- by-case basis.
After incorporation, the NRO shall seek appropriate liability insurance to cover its activities and all RIRs shall contribute equally to cover this expense, unless superceded by a specific or general per capita agreement by the NRO Executive Council.

14. Recognition of New RIRs

Global IP Number Resource Policies shall include objective, non- discriminatory and transparent criteria for recognition of new RIRs.

The criteria and associated process for such recognition shall be published by the NRO as a matter of Global IP Number Resource Policy.

15. Limitation

This MOU does not create any partnership, agency, association or franchise arrangement. Nothing in this MOU permits any party to transfer or assign any interest, right or obligation under this MOU without the prior written consent of each signatory party to this MOU. The RIRs who are founding members to this agreement do not agree to accept responsibility for financial commitments made by the NRO in contravention of this agreement.

16. Amendment and Precedence of this MOU With Respect to Other Documents Subsequently Created

The provisions of this MOU may be changed only by a writing signed by all RIRs agreeing upon such a change. Any such writing can be signed in counterparts. Any such writing shall indicate, with particularity, any portion of this Agreement that is intended to be superceded. Such a superceding document must make an explicit reference to this document citing to the date of this agreement.

AGREED:

Asia Pacific Network Information Centre

By:__________________________________ Date:_______________

The American Registry for Internet Numbers

By:_________________________________ Date:_______________

Latin American and Caribbean Internet Addresses Registry

By:________________________________ Date:_______________

Réseaux IP Européns Network Coordination Centre

By:________________________________ Date:_______________

--------------------------------------------------------------------------------

Attachment 2

Proposed
Agreement between the RIRs (acting through the NRO) and ICANN concerning the Address Supporting Organization

DRAFT
ICANN Address Supporting Organization (ASO) MoU

1. Organization

Under this agreement between ICANN and the Number Resource Organization (NRO), the NRO shall fulfil the role, responsibilities and functions of the ASO as defined within the ICANN Bylaws as referenced at [ICANN-BYLAWS].

2. Purpose

This MoU is established for the purposes of:

defining roles and processes supporting global policy development, including the relationship between the Internet addressing community (represented by the NRO) and ICANN within the operation of this process;
defining mechanisms for the provision of recommendations to the Board of ICANN concerning the recognition of new RIRs; and
defining accessible, open, transparent and documented procedures for the selection of individuals to serve on other ICANN bodies, including selection of Directors of ICANN and selection of members of various standing committees and ad hoc ICANN bodies.

3. Address Council

Responsibilities.
Liaisons.

4. Secretariat

The NRO will provide all Secretariat services to support functions described by this agreement.

5. Global Policy Development Process

Global policies are defined as policies that have the consensus of all RIRs and ICANN, and require specific actions or outcomes on the part of IANA or any other external ICANN-related body in order to be implemented.

Global policies will be developed in the context of this agreement, according to the processes defined by attachment A to this MoU.

Under this agreement the ICANN Board will ratify proposed global policies, using review procedures as determined by ICANN.

6. Service Regions

The regions serviced by each RIR shall be defined by the RIRs in a manner of their choosing. The RIRs shall ensure that all possible service areas are encompassed.

7. Arbitration

In the event that the NRO is in dispute with ICANN relating to activities described in this MoU, the NRO shall arrange arbitration via ICC rules in the jurisdiction of Bermuda or such other location as is agreed between the NRO and ICANN. The location of the arbitration shall not decide the laws to be applied in evaluating this agreement or such dispute.

8. Periodic Review of the ASO

With reference to the provisions of Article IV, Section 4 of the ICANN ByLaws [ICANN-BYLAWS], the NRO shall provide its own review mechanisms.

9. Periodic Review of the MoU

The MOU signatories will periodically review the results and consequences of their cooperation under the MOU. When appropriate, the signatories will consider the need for improvements in the MOU and make suitable proposals for modifying and updating the arrangements and scope of the MOU. This MOU may only be amended or supplemented in writing, signed by the parties.

10. Other provisions

From the date of signature this agreement supercedes and replaces the MoU signed between ICANN, APNIC, ARIN and RIPE NCC in October 1999 with the subsequent inclusion of LACNIC in October 2002.

11. General

Nothing in this MOU shall be construed to create between or among any of the parties a partnership, joint venture, or impose any trust or partnership or similar duty on any party, including as an agent, principal or franchisee of any other party.

Other than as provided for in this MOU, the parties shall not be bound by or be liable for, any statement, representation, promise, agreement or other binding commitment of any kind on behalf of any other party, without that parties prior written consent.

The non-exercise of or delay in exercising any power or right of a party does not operate as a waiver of that power or right, nor does any single exercise of a power or right to preclude any other or further exercise of it or the exercise of any other power or right. A power or right may only be waived in writing, signed by the party to be bound by the waiver.

No party may transfer or assign any or all of its interest, rights or obligation arising under this MOU without the prior written consent of each other party to this MOU.

12. Referenced Documents

[ICP-2]
ICP-2: Criteria for Establishment of New Regional Internet Registries Published by ICANN 7 July 2001.
http://www.icann.org/icp/icp-2.htm
[ICANN-BYLAWS]
BYLAWS FOR INTERNET CORPORATION FOR ASSIGNED NAMES AND NUMBERS A California Nonprofit Public-Benefit Corporation As amended effective 26 June 2003
http://www.icann.org/general/bylaws.htm

--------------------------------------------------------------------------------

Attachment A
Global Policy Development Process

Definitions:

"Global policy" is a policy that has the consensus of all RIRs and ICANN, and require specific actions or outcomes on the part of IANA or any other external ICANN-related body in order to be implemented.

"ASO Address Council" is a reference to the NRO Numbers Council acting as the ASO Address Council as described in Section 3 of the ASO MoU.

Process:

The policy development process relating to global policies concerning the administration of Internet number resources will operate as follows:

A proposed global policy must be forwarded into each of the regional policy development processes hosted by each RIR.
The proposer has the duty to assist relevant communities within each regional policy forum to make them aware of the deliberations of their peers in the other regional policy forums.
It is recognized that the outcomes of consideration of a proposed global policy may differ in terms of specific language and detail from region to region. The staff of the RIRs will work with each other, and with the policy proposer to document the common elements of such outcomes.
This common text will be ratified by the Boards of the RIRs as a consensus position of the RIRs.
This ratified common text is the proposed global policy proposal that is forwarded to the ASO Address Council.
The ASO Address Council, shall review the process followed by the RIRs in terms of reaching a consensus position and a common text to describe the proposed global policy, and undertake measures in accordance with an adopted procedure to assure itself that the significant viewpoints of interested parties were adequately considered.
The ASO Address Council shall forward the proposed policy to the ICANN Board
The ICANN Board may review the policy proposal and may ask questions and otherwise consult with the ASO Address Council and/or the RIRs acting collectively through the NRO. The ICANN Board may also consult with other parties as the Board considers appropriate.
Within 60 days of receipt of the proposed policy, including such consultation as may occur in Step (8), the ICANN Board may either:
- accept the proposal by a simple majority vote; or
- reject the proposed policy by a supermajority (2/3) vote; or
- by a simple majority vote request changes to the proposed policy; or
- take no action.
If the ICANN Board takes no action (that is, fails to take actions (a), (b) or (c)) within the 60-day window, the proposed policy is deemed to be accepted by the ICANN Board and it becomes global policy. In case (c), should at least one of the RIRs agree that changes need to be made, the status of the proposed policy reverts to Step 1. If none of the RIRs accept the case for changes, then the proposed policy continues to Step 10.
If the ICANN Board rejects the proposed policy following Step 9(b), it must deliver to the ASO Address Council a statement of its concerns with the proposed policy, including in particular an explanation of the significant viewpoints that were not adequately considered during the regular RIR process, within 60 days of the Board action.
The ASO Address Council, in conjunction with the RIRs and working through agreed procedures, shall consider the concerns raised by the ICANN Board, and engage in a dialogue as appropriate with the ICANN Board.
If the NRO Executive Council indicates that there is RIR consensus, the ASO Address Council may forward a new proposed policy (either reaffirming the previous proposal or a modified proposal) to the ICANN Board. Alternatively, the NRO Executive Council may indicate that the policy proposal shall be reconsidered by the RIRs, and the proposed policy reverts to Step 1.
The resubmitted proposed policy then becomes a global address policy unless, by a supermajority (2/3) vote, the ICANN Board rejects this resubmitted proposal within 60 days of receipt of the new proposed policy, in which case it does not become a global addressing policy.
If the resubmitted proposed policy is rejected for a second time by ICANN, then the RIRs or ICANN shall refer the matter to mediation using an agreed procedure to resolve the matter.

Considerations:

Through the provisions of an agreement to be executed between the RIRs and ICANN, it is recognized that the ICANN Board has the ability to request that the ASO Address Council initiate a policy development process through the RIRs, using the policy development procedure described above. Any such request must include an explanation of the significant viewpoints that call for policy development. This provision, and the similar provision in Step 10. of the policy development procedure described above, are intended to ensure that the ICANN Board acts in these circumstances only with substantial, credible, and defensible support from the community.
In bringing a policy proposal to the regional policy forums it is expected that the ICANN Board will nominate a presenter of the ICANN proposal.
All global policies in full force and effect on the day this agreement is executed shall continue in full force and effect until specifically superceded by global policy outcomes from the process described here.
All global policies adopted will be published in the NRO and the ICANN web sites.
Global policies adopted previous to this MOU will also be published in these sites, with a clear indication that they were adopted prior to the current policy procedure.