2. Charter for the CCWG on the Use of New gTLD Auction Proceeds
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3. What is this about?
Auctions are the mechanism of last resort to resolve string contention within the New gTLD Program. 1 2
Significant funding has accrued as a result of several auctions – currently $105.6 million USD. 3
Community started discussion on how to deal with funds at ICANN 52. Following a workshop on the topic at ICANN53 a discussion paper was prepared by Staff and Public Consultation opened. Focus on development of framework for disbursement of funds.
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Following review of public comments on discussion Paper, GNSO Council Chair reached out to all SO/ACs to identify volunteers to participate in a drafting team to develop a charter for a Cross-Community Working Group. 4

4. The Drafting Team Overview What to Expect During Today’s Session:
All SO/ACs, apart from the ccNSO, have put forward volunteers (ALAC, ASO, GAC, RSSAC, SSAC);
Jonathan Robinson appointed by GNSO Council to chair DT;
DT tasked to develop a charter for a Cross-Community Working Group on new gTLD Auction Proceeds for consideration by the ICANN SO/ACs for adoption;
First meeting held on 23 February 2016 and meeting regularly thereafter.
DT has published draft Charter for discussion at ICANN56;
Charter is accompanied by:
(1) a memo outlining the legal and fiduciary constraints as a result of ICANN”s Bylaws and status; and
(2) A set of principles which the DT believes should guide the work of the CCWG.
Background materials
Review the Updated discussion paper published to reflect public comments received (see );
Draft Uniform Framework for a Cross Community Working Group (CCWG) Life Cycle: Principles and Recommendations (see );
Draft Charter – see
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5. Legal and Fiduciary Constraints
Consistency with ICANN’s Mission as Set out Bylaws
Private Benefit Concerns:
Considerations for grants to organizations
Recommended Prohibition on Grants to Individuals
Must not be used for political activity
Should not be used for lobbying activities
Conflict of Interest Considerations
Procedural Concerns
Financial and Fiduciary Concerns
For further details, see [include link to memo]

6. Draft Charter – Goals & Objectives
The CCWG is tasked to develop a proposal(s) for consideration by the Chartering Organizations on the mechanism that should be developed in order to allocate the new gTLD Auction Proceeds. As part of this proposal, the CCWG is also expected to consider the scope (see for further details below) of fund allocation, due diligence requirements that preserve ICANN tax status as well as how to deal with directly related matters such as potential conflicts of interest. The CCWG will NOT make any recommendations or determinations with regards to specific funding decisions (i.e. which specific organizations or projects are to be funded or not).

7. Draft Charter – Scope
The CCWG is expected to adhere to the following Guiding Principles, both in the context of its deliberations as well as the final recommendations:
Ensure transparency & openness;
Provide sufficient accountability;
Ensure that processes and procedures are lean & effective;
Avoid any conflict of interest; and
Diversity, to strive for a fair, just, unbiased distribution of the auction proceeds in line with ICANN’s mission as well as the members/participants/observers of the CCWG itself, to bring in different perspectives allowing for broader discussion and debate, leading to more informed and effective processes to govern the allocation and disbursement of the proceeds.

8. Draft Charter – Scope (continued)
The CCWG is required to, at a minimum, give appropriate consideration to and provide recommendations on the following questions, taking into account the Guiding Principles as well as the legal and fiduciary constraints outlined above:
What framework or structure should be created / put in place to allow for the disbursement of new gTLD Auction Proceeds, taking into account the legal and fiduciary constraints outlined above as well as the following memo? As many details as possible should be provided, including any implementation guidance the CCWG may have in relation to the establishment of this framework.
As part of this framework, what will be the limitations of fund allocation, factoring in that the funds need to be used in line with ICANN’s mission while at the same time recognising the diversity of communities that ICANN serves?
What safeguards are to be put in place to ensure that the creation of the framework, as well as its execution and operation, respect the legal and fiduciary constraints that have been outlined in this memo?

9. Draft Charter – Scope (continued)
As the auction proceeds are a one-time source of revenue, what is the expected timeframe for disbursements and termination of the framework?
What conflict of interest procedures need to be put in place as part of this framework?
Should any priority or preference be given to organizations or projects from developing economies and under represented groups?
Should ICANN oversee the solicitation and evaluation of proposals, or delegate to another entity, including a foundation created for this purpose?
What aspects should be considered to determine an appropriate level of overhead that supports the principles outlined in this charter?
What level of reporting should be implemented to keep the community informed about how the funds are ultimately used?

10. Draft Charter: Membership, participants & observers
Maximum of 5 appointed members per Chartering Organization. Chartering Organizations should make reasonable efforts to ensure that the composite of individual Members:
Have sufficient expertise to participate in the applicable subject, e.g. experience with allocation and final disbursement of funds;
Commit to actively participate in the activities of the CCWG on an on-going and long-term basis;
Where appropriate, solicit and communicate the views and concerns of individuals in the organization that appoints them;
Commit to abide to the charter when participating in the CCWG;
Understand the needs of the Internet communities that ICANN serves (standards, domains and numbers);
Understanding the broader ecosystem (the Internet Community) in which ICANN operates and the needs of those working on other aspects of the Internet industry, including those not yet connected.
CCWG open to any interested participant and/or observer

11. Draft Charter – Decision-making
In developing its output, work plan and any other reports, the CCWG shall seek to act by consensus. The chair(s) may make a call for Consensus. If making such a call they should always make reasonable efforts to involve all Chartering Organization appointed Members of the CCWG (or sub-teams, if applicable). The chair(s) shall be responsible for designating each position as having one of the following designations:
Full Consensus - a position where no minority disagrees; identified by an absence of objection
Consensus – a position where a small minority disagrees, but most agree
Following the submission of the final output, each of the Chartering Organizations shall, in accordance with their own rules and procedures, review and discuss the output and decide whether to adopt the proposals and the recommendations contained within.
It is assumed that after submission of the Board Report, the ICANN Board of Directors will give due consideration to the Proposal(s) contained in this Report.

12. Expected Next Steps Cross-Community Discussion at ICANN56
Review of community input received by DT
Update CCWG Charter
Submit to ICANN SO/ACs for their consideration
Adoption of CCWG Charter
Creation of CCWG on new gTLD Auction Proceeds