Statement of Requested Confidential
Treatment of Materials Submitted
I. PROCEDURE FOR
CONFIDENTIAL TREATMENT OF MATERIALS SUBMITTED.
ICANN intends to
evaluate applications to sponsor or operate new TLDs in as open and transparent
a manner as is reasonably feasible. At the same time, however, ICANN recognizes
that to encourage applicants to provide all documents and information relevant
to the application, it is appropriate to afford applicants the opportunity to
submit legitimate trade‑secret information with a request for
confidential handling by ICANN.
Except to the
extent that it expressly agrees otherwise in writing, ICANN will be free to
disclose and use information submitted in connection with an application in any
manner and to anyone it deems appropriate. If the applicant wishes ICANN to
accord confidential treatment to any material in its application or otherwise
submitted in connection with the application, the applicant must expressly
request confidential treatment of that material in this statement and mark the
material with the legend "CONFIDENTIAL." Applicants are strongly
encouraged to avoid, or at least to minimize, requests for confidential
treatment of material in applications or submitted in connection with
applications.
Any request for
confidential handling will be reviewed for confidentiality by ICANN staff
before further consideration of the material to which the request relates.
ICANN staff will promptly notify the applicant of the extent to which ICANN is
willing to agree to treat the designated material in a confidential manner and
the manner in which ICANN is willing to handle that material, requesting a
response from the applicant within two business days. If ICANN is not willing
to agree to the applicant's request for confidential handling in its entirety,
ICANN and the applicant will discuss the matter in an effort to reach a written
agreement on confidential treatment of materials. Only a written agreement,
signed by ICANN's President or Vice‑President, will be binding on ICANN.
In the event
ICANN and the applicant do not agree on provisions for confidential treatment
within a period designated by ICANN, ICANN will, to the extent of the
disagreement, delete all material submitted by applicant that is subject to
applicant's request for confidentiality. The deleted information will then
cease to be part of the applicant's application and will not be considered by
ICANN staff in reviewing the application, nor will the deleted information be
disclosed or otherwise used by ICANN. After being advised of what has been
deleted, the applicant will be offered (for two business days) the opportunity
to withdraw the application and obtain a refund of the US$50,000 application
fee. ICANN intends to use reasonable efforts to meet the requirements of this
section I, but shall not be liable for failing to meet them.
II. APPLICANT'S
REQUEST FOR CONFIDENTIAL TREATMENT.
F1. The
applicant's full legal name is:
NETBAY
SAM
EURAFNET SA
CSL GmbH
F2. Does the
applicant request confidential treatment of any portion of the application or
any material submitted in connection with the application?
YES
F3. If the
response to item F2 is yes, please provide, on sheets of paper attached to this
Statement of Requested Confidential Treatment of Materials Submitted, the
following information for each set of material as to which the applicant
requests confidential treatment:
[Attach sheets
stating the information requested in items F3.1, F3.2, and F3.3.]
F3.1. Clearly identify exactly what material is
subject to the request for confidential treatment. The identification should
state the general nature of the material (e.g., "Description of Sources of
Financing") and precisely and clearly state every place in the application
or material submitted where the material appears (e.g., "the first full
paragraph on page 48 of the ‘Registry Operator's Proposal'").
[In addition, be sure to place the legend
"CONFIDENTIAL" on each part of your overall application that you
identify in response to this item.]
F3.2. State what restrictions on disclosure, use, and
handling of the material is requested.
F3.3. Provide a justification for why the material
should be treated confidentially and why the restrictions on disclosure, use,
and handling are appropriate.
By signing this
Statement of Requested Confidential Treatment of Materials Submitted, the undersigned
certifies that he or she has authority to do so on behalf the applicant (or
applicants, where there is more than one). The undersigned agrees on behalf of
himself or herself and the applicant(s) to the procedure described in section I
of this statement and that there is no claim to confidential treatment for any
material submitted by applicant(s) not clearly identified in response to item
F3.1 and marked "CONFIDENTIAL." The undersigned agrees, on his or her
own behalf and on behalf of the applicant(s) and each of its (or their)
officers, directors, employees, consultants, attorneys, agents, partners, and
joint venturers, that neither ICANN, nor any of its officers, directors,
employees, consultants, attorneys, and agents, shall have any monetary liability
for disclosure or use of submitted materials contrary to the procedure
described in section I of this statement, except where that disclosure or use
is done to maliciously harm applicant(s).
_______________________________
Signature
_______________________________
Name (please print)
PATRICIA HUSSON
_______________________________
Title
CHAIRMAN
_______________________________
Name of Registry Operator
NETBAY
_______________________________
Date
30/09/2000
_______________________________ _______________________________
Signature Signature
_______________________________ _______________________________
Name (please
print) Name
(please print)
PATRICIA HUSSON SIEGFRIED
LANGENBACH
_______________________________ _______________________________
Title Title
CHAIRMAN CHAIRMAN
_______________________________ _______________________________
Name of
Shareholder Name
of Shareholder
EURAFNET SA CSL GmbH
_______________________________ _______________________________
Date Date
30/09/2000 30/09/2000
(c) 2000 The Internet Corporation for Assigned Names
and Numbers
All rights reserved.
Updated August 15, 2000