Process for Amending GNSO Stakeholder Group and Constituency Charters

Overview

Charters of  Generic Names Supporting Organization (GNSO) Stakeholder Groups and Constituencies are approved by their respective memberships and the ICANN Board according to the ICANN Bylaws. As a best practice, each Stakeholder Group and Constituency should review its charter and governance documents on a regular basis. In addition, Work Stream 2 (WS2) Recommendation 6.5 (Updates to Policies and Procedures) of the Cross-Community Working Group on Enhancing ICANN Accountability encourages regular updates.

This document replaces the process established by the ICANN Board in 2013. The process has been updated in recognition of the continuous evolution of the multistakeholder ICANN community, as a result of implementation of Specific Review recommendations, and to reflect the review roles of ICANN org and the ICANN Board. 

Questions about this process can be directed to daniel.gluck@icann.org. 

Phase 1: Charter Revision

1. When a GNSO Stakeholder Group or Constituency begins a charter revision process, it should notify its ICANN org support team as soon as possible. 
   1. The GNSO Stakeholder Group or Constituency should identify a liaison to ICANN org for the charter revision process. 
   2. A charter template and an operating procedures template are available to guide GNSO Stakeholder Groups and Constituencies. The templates account for requirements in the ICANN Bylaws, GNSO Operating Procedures, and applicable WS2 recommendations. 
2. During the charter revision process and at the request of the GNSO Stakeholder Group or Constituency, ICANN org may serve as a resource. ICANN org may identify requirements related to ICANN reviews and implementation. The aim is to raise concerns early and prior to approval by the GNSO Stakeholder Group or Constituency.   
3. The GNSO Stakeholder Group or Constituency should approve any proposed charter amendments according to its operating procedures. After approval, the GNSO Stakeholder Group or Constituency sends the proposed charter amendments to ICANN org for review. 

Note: If required, proposed amendments to GNSO Constituency charters must first be submitted to the applicable GNSO Stakeholder Group for consideration before ICANN org review.

Phase 2: ICANN org Review

1. Initial Review. After the GNSO Stakeholder Group or Constituency submits its revised charter, ICANN org will identify any areas of concern or outstanding questions related to ICANN governance and legal requirements. 
2. Depending on the complexity of the documents and potential issues, ICANN org may engage in a discussion with the GNSO Stakeholder Group or Constituency. The timing of this engagement may vary. 
3. Submission to the ICANN Board. After ICANN org completes its review, ICANN org will submit the proposed charter amendments to the appropriate ICANN Board committee, identifying any fiscal, legal, or governance concerns for its consideration. 

Phase 3: Public Comment

If the appropriate ICANN Board committee approves the ICANN org report of the proposed charter amendments, it recommends a Public Comment proceeding to the ICANN Board. The Public Comment proceeding will include an overview of the proposed charter amendments. ICANN org will prepare a Public Comment summary report of all submissions for the consideration of the appropriate ICANN Board committee. 

Phase 4: ICANN Board Review

The appropriate ICANN Board committee will review the proposed charter amendments, the report by ICANN org, and the Public Comment summary report then make a recommendation for the consideration of the ICANN Board. At any point in its consideration, the ICANN Board may engage with the GNSO Stakeholder Group or Constituency for more explanation and information about the proposed charter amendments.

The ICANN Board can either:

1. Recognize the proposed charter amendments by a simple majority vote; or
2. Reject the proposed charter amendments by a supermajority (⅔) vote and provide specific rationales for its concerns.

Phase 5: Adoption

ICANN Board recognition of the proposed charter amendments constitutes approval. The GNSO Stakeholder Group or Constituency shall adopt the amended charter and publish it. 

Recent Amendments 

Not-for-Profit Organizations Constituency (NPOC)

In May 2022, the then Not-for-Profit Operational Concerns Constituency of the GNSO amended its current charter, including a name change to the Not-for-Profit Organizations Constituency (NPOC), and notified the ICANN organization of its request for approval by the ICANN Board. Following review of the amended NPOC charter by the ICANN organization in mid-2022, the ICANN Board Organizational Effectiveness Committee (OEC) directed a Public Comment proceeding on the amended NPOC charter in late 2022. The ICANN organization developed a summary report of the Public Comment submissions, and the NPOC addressed this feedback in early 2023, revising its operating procedures as appropriate.

Internet Service Providers and Connectivity Providers (ISPCP) Constituency

In March 2023, the Internet Service Providers and Connectivity Providers (ISPCP) Constituency of the GNSO amended its current charter and notified the ICANN organization of its request for approval by the ICANN Board. Following review of the amended ISPCP Constituency charter by the ICANN organization in May 2023, the ICANN Board Organizational Effectiveness Committee (OEC) directed a Public Comment proceeding on the amended ISPCP Constituency charter. The ICANN organization developed a summary report of the Public Comment submissions, and the ISPCP Constituency addressed this feedback in June 2023.

Registries Stakeholder Group (RySG)

In December 2023, the gTLD Registries Stakeholder Group (RySG) amended its current charter and notified the ICANN organization of its request for approval by the ICANN Board. Following review of the amended RySG charter by the ICANN organization in early 2024, the ICANN Board Organizational Effectiveness Committee (OEC) directed a Public Comment proceeding on the amended RySG charter in mid-2024. The ICANN organization developed a summary report of the single Public Comment submission, which did not require further adjustments by the RySG.