Sponsoring Organization's Proposal
Technology, Electronic Commerce and
I. SPONSORING ORGANIZATION STRUCTURE
The “Sponsoring Organization” for the proposed new top-level domains (TLD) <.go> and <.dubai> (the New TLDs) is the Dubai Technology, Electronic Commerce and Media Free Zone Authority (hereinafter DTEC-MFZA or the Authority).
A. Organization Information (C2)
DTEC-MFZA was established in January 2000, pursuant to Law No. (1) of 2000 of Dubai Technology, Electronic Commerce & Media Free Zone (signed in to law by His Highness Sheikh Maktoum bin Rashid Al-Maktoum, Ruler of the Emirate of Dubai) (hereinafter Law No. 1 of 2000). A copy of Law No. 1 of 2000 is provided as Attachment A.
Article 3(b) of that Law provides as follows:
The Authority’s principal location is the Emirate of Dubai, United Arab Emirates.
B. Mandate and Objectives (C4)
As spelled out in Article 8 of Law No. 1 of 2000, the objectives of DTEC-MFZA are:
to develop strategies and policies geared towards promoting Dubai as a center for technology, e-commerce and media;
to advise the Government of Dubai in connection with the development of appropriate laws and regulations relating, inter alia, to data protection, the protection of intellectual property rights, cyber-crime, the establishment of a university and research center relating to the Internet, and regarding the relations between the other free zone’s in Dubai.
In order to achieve the above objectives, DTEC-MFZA is authorized:
(1) to procure infrastructure, buildings, management and any other services required to achieve DTEC-MFZA’s objectives;
(2) to regulate business and activities with DTEC-MFZA;
(3) to provide telecommunications and Internet services;
(4) to engage in the authentication of Internet and e-commerce sites and the issuing of the necessary terms and conditions in relation thereto, or the licensing of other establishments with DTEC-MFZA to perform such authentication;
(5) to establish and license establishments in DTEC-MFZA;
(6) to regulate commerce between establishments in DTEC-MFZA and any other parties outside DTEC-MFZA;
(7) to enter into agreements with other free zones in order to enable DTEC-MFZA establishments to conduct business in such other free zones;
(8) to provide DTEC-MFZA establishments, upon request, with executives, managers, technicians, craftsmen and other workers in accordance with the provisions of Law No. 1 of 2000, the relevant regulations and any additional terms and conditions agreed between DTEC-MFZA and these establishments;
(9) to enter in to leases of plots and buildings that may extend to periods up to fifty years, with any establishment in DTEC-MFZA to enable it to carry on its activities according to the terms and conditions agreed upon;
(10) to provide all kinds of services;
(11) to levy and charge fees for the services provided;
(12) to establish an investment fund for providing capital to DTEC-MFZA establishments and for investing DTEC-MFZA’s funds in the manner and method and the activities and projects which the Chairman deems fit.
C. Organization Structure (C3)
In accordance with Article 4 of Law No. 1 of 2000, at present, DTEC-MFZA’s organizational structure consists of a:
Chairman – The Chairman is appointed by the Ruler of Dubai and has supervisory responsibilities relating to DTEC-MFZA. The Chairman has the authority to issue rules and regulations necessary for the operation and administration of DTEC-MFZA, as well as the power to enforce Law No. 1 of 2000. (See Article 5.). The current Chairman of DTEC-MFZA is H.H. Sheikh Mohammed bin Rashid Al-Maktoum, Crown Prince of Dubai and Minister of Defence of the United Arab Emirates.
Director General – The Director General is also appointed by the Ruler of Dubai and is responsible for the administration and management of DTEC-MFZA, under the supervision of the Chairman. In addition, the Director General is responsible for representing DTEC-MFZA in its relations with third parties. The current Director General is Mr. Mohammed Al-Gergawi. Mr. Gergawi’s resume is provided as Attachment B.
Executive Body – The Executive Body is responsible for the day-to-day administration and operations of DTEC-MFZA. The Executive Body currently consists of three operating divisions, as follows:
Dubai Internet City (DIC);
Dubai Media City (DMC); and
Dubai Incubator Oasis (DIO).
An organizational chart showing the legal structure of DTEC-MFZA appears on the next page.
In addition, it is to be noted that, at present, there are more than 100 personnel working for DTEC-MFZA, including full-time staff and consultants.
In advancement of its objectives and acting upon its mandate, DTEC-MFZA’s most significant initiative to-date is the establishment of Dubai Internet City (hereinafter DIC). A selection of newspaper clippings regarding the project and announcing its regional and global significance are provided as Attachment C.
DIC is a USD700 million technology infrastructure project sponsored and underwritten by the Dubai Government, with the following mission:
To provide an infrastructure, environment and attitude that will enable New Economy enterprises to operate locally, regionally and globally from Dubai with significant competitive advantages.
A further articulation of the vision underlying DIC is provided by the following quote extracted from a speech given by H.H. Sheikh Rashid Al-Maktoum, Crown Prince of Dubai and UAE Defense Minister:
“Telecommunication and the Internet will be at the heart of this world. Only those who develop competitive strength in these two areas and who have creative ideas and the ability to accommodate with the changes in world economy will achieve leadership.
If the UAE is the hub for transportation of goods across the world, why can’t it be an information hub too?
My vision is simple. In the future all commercial action will be in cyberspace. But the cyber world will need a ground base on this physical world. Internet companies will need physical offices, a community, and on the ground technology. And I want Dubai to be the best physical location in the world for any and every virtual company.”
DIC provides an ideal location for New Economy businesses seeking to exploit the potential markets of and serve a region that stretches from Egypt to the Indian sub-continent and from South Africa to the CIS.
DIC consists of a physical complex of buildings, complete with all support mechanisms vital for IT-business. To be operational in October 2000, the DIC building complex occupies a part of the 325 acres of land allocated for the project and is the first of a three-phase expansion program. However, the physical structure forms only part of the concept of DIC.
The technical infrastructure of DIC is being designed to world-class standards of capacity, reliability, costs and service levels. In July 2000, DTEC-MFZA awarded the first major contracts for the building of a state-of-the-art technical infrastructure for DIC to Siemens Business Systems, Sun Microsystems and Cisco Systems. These companies are presently designing, building and will eventually operate advanced systems in four key areas of DIC’s operational infrastructure, including a data center, telecommunications and network infrastructure, Internet connectivity and ISP infrastructure and billing solutions. Thus, businesses operating out of DIC will be able to rely on and utilize the most advanced and innovative technological solutions, high bandwidth, low cost telecom infrastructure, redundant connections to Internet primary backbone providers and secure high speed support infrastructure.
Dubai Media City (DMC), another of DTEC-MFZA’s currently established operating divisions, will be one of the primary beneficiaries of this infrastructure. The purpose behind DMC is to establish in Dubai the entire value chain of media services for the Pan Arab region.
In order to support technological innovation and advancement and to help create the right environment for Internet commerce to flourish regionally, DTEC-MFZA has a established USD40 million dollar fund, to be managed by the Dubai Incubator Oasis (DIO).
An Internet University is also being planned, which will house state-of-the-art training facilities. It is expected that major IT firms will use this facility as a regional training center. The University will offer a curriculum that covers all areas relevant to Internet-related commerce and will offer a variety of information technology specializations.
DTEC-MFZA also expects DIC to become a major center for research and development. Major software developers, for example, are being encouraged to test new products within various government agencies and public sector firms. By offering itself as a testing ground, Dubai hopes to attract software firms that wish to perfect new software in real life environments before an initial product launch.
E. Establishment of Dubai Internet Domains Registration Authority
In the event that the Internet Corporation for Assigned Names and Numbers (ICANN) provides a positive indication in respect of the present application, DTEC-MFZA intends to establish a fourth operating division that will be known as the Dubai Internet Domains Registration Authority (hereinafter DIDRA).
1. Organizational Purpose (C4)
It is intended that DIDRA will be primarily responsible for policy development and administration, as well as the day-to-day management and operation of the New TLDs, including the function of Registry Operator.
DIDRA’s mandate and mission will be to serve the global Internet community in the most reliable, efficient, effective, transparent and professional manner possible, consistent with the charter of the New TLDs .
As mentioned above, it is intended that DIDRA shall have policy-making functions in relation to the New TLDs. In this connection, it is DTEC-MFZA’s intention to establish a Policy Advisory Committee (PAC) to assist DIDRA in its policy-making activities. In order to ensure that the global Internet community is well-represented in the policy-making infrastructure for the New TLDs, DTEC-MFZA intends to invite all constituencies that currently comprise the Internet community to join PAC or to contribute to PAC through a variety of consultative processes.
DTEC-MFZA intends to establish detailed procedures regarding the manner in which PAC will work, including setting out the procedures for communications between DTEC-MFZA and PAC, when meetings will be held and how they will be conducted, how meetings will be notified, the meeting procedures, how minutes will be taken and posted. Among the measures being considered by DTEC-MFZA to ensure that the policy proposals made by PAC to DTEC-MFZA are reflective of the predominant views of the Internet community, is the requirement that no policy proposals will be considered by DTEC-MFZA unless they have the support (as reflected through a voting procedure) of at least two-thirds of the members of PAC.
In addition to the measures identified in other parts of this document, DIDRA intends to implement the following measures to promote participation in the New TLDs, as well as to foster openness and transparency, inter alia:
4. Initial Directors and Staff (C8)
In accordance with Law No. 1 of 2000, the Director General of DTEC-MFZA will appoint a Chief Executive Officer of DIDRA, upon a positive notification from ICANN regarding the instant application.
In the initial stages, the directors and staff of DTEC-MFZA will be shared with the other operating divisions of DTEC-MFZA. It is presently contemplated that the day-to-day operations in the start-up phase of DIDRA will be managed by Mr. Lars Olof Kanngard, Business Development Manager and Executive Project Manager for DIC, who was also responsible for conceiving the <.go> TLD name and concept. Mr. Kanngard’s resume is provided as Attachment D.
As has been the case with the establishment of the other operational divisions, DTEC-MFZA will spare no expense in identifying and hiring world-class business, administrative and technical professionals to manage the administration and operations of DIDRA. Assisted by its strategic partners (see Section III), DIDRA will also design and implement a rigorous and high-quality training program for all staff.
5. Selection of Directors, Officers, Members, Staff (C9)
Article 7 of the DTEC-MFZA law provides that
“The Chairman shall issue a special regulation governing the recruitment and appointment of employees of the Authority’s Executive Body, and the terms and conditions of their employment, dismissal, salaries, duties, rights and other matters involving them.”
It is presently intended that a specific regulation will be issued by DTEC-MFZA for DIDRA, following a positive indication by ICANN regarding the present application.
It is to be noted that no restrictions will be placed concerning the directors, officers, members, staff, etc. of DIDRA in terms of gender, nationality, religion, ethnic background, physical disability, sexual orientation or other discriminatory factors.
6. Policy‑Making Procedures (C10)
Subject to further consultation with ICANN, set out below are the broad outlines of the policy-making procedures that DIDRA presently intends to implement.
7. Meetings and Communication (C11)
Meetings of PAC will be held at such place within or without Dubai and at such time as may be fixed from time to time by the Chairman of DTEC-MFZA, or in his stead by the Director General of DTEC-MFZA.
Written notice of each meeting of PAC, stating the place, date and hour of the meeting and, if relevant, the purpose or purposes for which the meeting is called, will be given not less than ten nor more than sixty days before the meeting.
The initial operating capital for DIDRA will be provided by DTEC-MFZA and the Dubai Government, as has been the case with the other operating divisions of DTEC-MFZA. It is to be noted that DTEC-MFZA is fortunate to benefit from the considerable oil wealth and financial resources at the disposal of the Dubai Government and the Government’s strong commitment to the success of DTEC-MFZA.
A provisional allocation of USD35 million for the next three years has been made by DTEC-MFZA solely for the technical infrastructure build-out of DIDRA. Upon the commencement of negotiations with ICANN regarding the New TLDs, DIDRA will develop and have approved a provisional operating budget. Thereafter, a formal budgetary procedure will be established.
financial auditing and reporting for DIDRA will be in accordance with Law No.
1 of 2000 and internationally accepted standards.
9. Liability (C13)
Pursuant to Article 3 Law No. 1 of 2000, the Authority may sue or be sued in its capacity as a financially and administratively independent corporate entity, notwithstanding the fact that it is a part of the Dubai Government. By virtue of Article 3, DTEC-MFZA is deemed to have waived any defenses based on sovereign immunity.
It is to be noted that under Article 22 of the DTEC-MFZA Law:
“The Chairman, the Director General, the employees and workers of the Authority shall not be liable to any third party for the operations or obligations of [companies established in the Free Zone] or their employees.”
II. PROPOSED EXTENT OF
2000 -DTEC & MFZA -DiDRA-LOK