[Ncsg-discuss] Fwd: [EXTERNAL] Statement of the Noncommercial Stakeholders Group (NCSG) on the Suspension of Domain Services

[Rafik Dammak]

Hi all


Please find PIR response to our letter.

Best,

Rafik

---------- Forwarded message ---------



Hello Rafik - Thank you for your letter. Public Interest Registry (PIR) is
a U.S.-based organization and is required to comply with U.S. law,
including applicable sanctions. In this case, the affected .ORG domain name
was identified on the U.S. Treasury Department’s Office of Foreign Asset
Control (OFAC) Specially Designated Global Terrorist List. Therefore, PIR
is legally mandated to suspend it. The registrant of the domain has a right
to challenge the designation determination. PIR has no involvement in that
process. Should the registrant be successful in such a proceeding, the
suspension would be lifted. This was not a discretionary suspension under
our Anti-Abuse Policy; this was a compulsory compliance action.

Regarding the referenced General License, that specific License strictly
covers transactions that are "ordinarily incident and necessary to the wind
down of any transaction," and because suspension of a domain name does not
require any “wind-down,” this situation falls outside of the covered scope
of the license. While some OFAC General Licenses permit transactions that
cover “the maintenance of operations” in their scope, this License does
not. As OFAC has clarified in its guidance in other wind-down situations (
*see* OFAC Frequently Asked Questions, Question 975), wind-down
authorizations without this maintenance of operations coverage are not
grace periods to continue ongoing business activities but are applicable
only where a transaction genuinely requires a process to unwind rather than
where the service can be stopped immediately. Evidently, other service
providers, including Paypal and the registrant’s bank, interpreted the
License the same way.

We are not in a position to assess the validity of, or override, OFAC’s
determination of a terrorist organization. We understand the concerns, but
they are best directed towards the Office of Foreign Assets Control.

Best regards,


Brian

Brian Cimbolic
Chief Legal and Industry Affairs Officer
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