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+ | == Definitions == |
A '''Memorandum of Understanding''' ('''MOU''') is |
A '''Memorandum of Understanding''' ('''MOU''') is |
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{{Quote|[a] formal [[agreement]] with another organization that defines the roles and responsibilities and expectations of each party.<ref>[[California Office of Systems Integration]], Definitions ([http://www.bestpractices.osi.ca.gov/sysacq/definitions.aspx full-text]).</ref>}} |
{{Quote|[a] formal [[agreement]] with another organization that defines the roles and responsibilities and expectations of each party.<ref>[[California Office of Systems Integration]], Definitions ([http://www.bestpractices.osi.ca.gov/sysacq/definitions.aspx full-text]).</ref>}} |
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| − | == Issues for |
+ | == Issues for consideration == |
When [[negotiating]] and drafting an MOU, the following issues should be considered: |
When [[negotiating]] and drafting an MOU, the following issues should be considered: |
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:* Involved parties |
:* Involved parties |
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| − | :* Mission |
+ | :* [[Mission]] |
:* [[Governance]] |
:* [[Governance]] |
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:* Authority |
:* Authority |
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:* Services to be provided by each party |
:* Services to be provided by each party |
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:* [[Liability limitation]]s and [[disclaimer]]s |
:* [[Liability limitation]]s and [[disclaimer]]s |
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| − | In November 1998, the [[Department of Commerce]] entered into an agreement with [[ICANN]] in the form of a '''Memorandum of Understanding''' ('''MOU''') under which the two parties agreed to collaborate on a joint transition project to transfer control over the [[Domain Name System]] ([[DNS]]) from the U.S. government to [[ICANN]]. The [[Department of Commerce|Department]] emphasized that the MOU was an essential means for the [[Department of Commerce|Department]] to ensure the continuity and stability of the [[domain name]] management functions that were then being performed by, or on the behalf of, the U.S. government. |
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| − | The MOU stated that before making a transition to private sector management, the [[Department of Commerce|Department]] required assurances that the private sector has the capability and resources to manage the [[domain name system]]. To gain these assurances, the [[Department of Commerce|Department]] and [[ICANN]] agreed in the MOU to complete a set of transition tasks. The [[Department of Commerce|Department]]’s tasks mainly relate to providing advice, coordination with foreign governments, and general oversight of the transition. [[ICANN]] agreed to undertake tasks that call for it to design, develop, and test procedures that could be used to manage the [[domain name system]]. Collectively, [[ICANN]]’s tasks addressed all four of the transition’s guiding principles as set forth in the [[White Paper]]. |
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| − | To implement these [[White Paper]] principles, the MOU between [[ICANN]] and the [[Department of Commerce|Department]] includes two tasks: one relating to developing mechanisms that ensure representation of the global and functional diversity of the [[Internet]] and its [[user]]s, and one relating to allowing affected parties to participate in the formation of [[ICANN]]’s policies and procedures through a bottom-up coordination process. In response to these two tasks, [[ICANN]] adopted the overall structure suggested by the [[White Paper]]. |
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| − | First, [[ICANN]] created a policy-making Board of Directors. The initial Board consisted of [[ICANN]]’s president and nine at-large members who were appointed at [[ICANN]]’s creation. [[ICANN]] planned to replace the appointed at-large Board members with nine members elected by an open membership to reflect the diverse, worldwide [[Internet]] community. |
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| − | Second, [[ICANN]]] organized a set of three supporting organizations to advise its Board on policies related to their areas of expertise. One supporting organization was created to address [[Internet]] numbering issues, one was created to address [[protocol]] development issues, and one was created to address [[domain name]] issues.<ref>In the context of [[ICANN]]’s responsibilities, [[protocol]]s are the technical rules that allow [[communication]]s among [[network]]s.</ref> Together these three supporting organizations selected nine additional members of ICANN’s Board — 3 from each organization. Thus, [[ICANN]]’s Board was initially designed to reflect the balance of interests described in the [[White Paper]]. |
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| − | Progress on and completion of each task was to be assessed by the [[Department of Commerce|Department]] on a case-by-case basis, with input from [[ICANN]]. Any amendments to the MOU, such as removing tasks, had to be approved by both parties. However, the [[Department of Commerce|Department]] retained responsibility for determining when management of the [[domain name system]] will be transitioned to [[ICANN]], using the procedures tested during the transition. In the event of a serious disagreement with [[ICANN]], the [[Department of Commerce|Department]] would have recourse under the MOU to [[termination|terminate]] the agreement. |
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| − | The original MOU was scheduled to expire on September 2000. Because work on the transition was not completed within the original transition time frame, the MOU was amended several times, and its time frame extended twice. The amended MOU was set to expire on September 30, 2006. |
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== References == |
== References == |
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<references /> |
<references /> |
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| − | == |
+ | == See also == |
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| − | * [[Department of Commerce: Relationship with the Internet Corporation for Assigned Names and Numbers]]. |
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| + | * [[Memorandum of Understanding on the Generic Top Level Domain Name Space of the Internet Assigned Numbers Authority]] |
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| + | * [[Seoul-Melbourne Memorandum of Understanding]] |
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[[Category:Contract]] |
[[Category:Contract]] |
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Latest revision as of 02:27, 12 September 2017
Definitions[]
A Memorandum of Understanding (MOU) is
| “ | an agreement that sets forth the terms, responsibilities, relationships, intentions, and commitments of each participating entity; the agreement also provides an outline of the who, what, where, when, why, and how of the relationship. | ” |
| “ | [a] formal agreement with another organization that defines the roles and responsibilities and expectations of each party.[1] | ” |
Issues for consideration[]
When negotiating and drafting an MOU, the following issues should be considered:
- Identifying and understanding the legal and practical implications of the MOU.
- Defining the roles and responsibilities of the participating parties.
- Including at least the following elements in the MOU:
- Involved parties
- Mission
- Governance
- Authority
- Security
- Assignment of personnel
- Funding/costs
- Indemnification
- Policies and procedures
- Privacy guidelines
- Dispute resolution process
- Contact information for notifications
- Effective date/duration/modification/termination
- Services to be provided by each party
- Liability limitations and disclaimers
References[]
- ↑ California Office of Systems Integration, Definitions (full-text).