• ICANN Registrar Accreditation Agreement

In order to serve as a registrar for the “.travel” TLD, a registrar will need to be accredited by ICANN, at least at the time of application. As a result of the ICANN accreditation, the registrar will have already agreed to the terms and conditions of the ICANN Registrar Accreditation Agreement. IATA proposes to require registrars for the new “.travel” TLD to comply with the material provisions of the ICANN Registrar Accreditation Agreement. The current language of the ICANN Registrar Accreditation Agreement is custom-tailored to the current field of TLDs, and is an agreement entered into between ICANN and the registrar. IATA intends to use the material provisions of the ICANN Registrar Accreditation Agreement as part of an “IATA Registrar Accreditation Agreement” to be entered into between IATA and the registrar. The Agreement also would impose the additional requirement that the registrar agree to apply the objective IATA criteria for determining whether an applicant is entitled to have a domain name within the restricted “.travel” TLD. The aforementioned criteria will be developed in consultation with the .travel Advisory Board.

• NSI Registrar License and Agreement

IATA fully supports the ICANN-NSI Registrar License and Agreement as an early model for name registration services. However IATA is proposing in this application a new model and set of practices for the assignment of domain names in the “.travel” TLD. Therefore IATA would propose to use the core provisions of the ICANN-NSI Registrar License and Agreement to be supplemented by the provisions discussed herein that will be developed in consultation with the IATA-Registrar Forum.

• ICANN‑NSI Registry Agreement

IATA fully supports the ICANN-NSI Registry Agreement as an early model for name registration services. However IATA is proposing in this application a new model and set of practices for the assignment of domain names in the “.travel” TLD. Therefore IATA would propose to use the core provisions of the ICANN-NSI Registry Agreement to be supplemented by the provisions discussed herein that will be developed in consultation with the .travel Advisory Board.

• “.travel” TLD Registration Process

See flow diagram in Attachment E1.A.

• Uniform Domain Name Dispute Resolution Policy

IATA proposes to adopt the ICANN Uniform Domain Name Dispute Resolution Policy (UDRP) to resolve disputes over the registration of “.travel” domain names.

However, disputes as to whether an applicant has a right to participate in the restricted TLD would by their nature fall outside of the current UDRP. Therefore, such disputes shall be decided by IATA pursuant to its objective policies and procedures. 1) If an applicant has been denied participation by a registrar or IATA on the grounds that it is not an established member of the travel industry, that applicant has the right to appeal the decision within IATA, as discussed below. 2) If a third party challenges the right of an applicant to participate in the restricted TLD, that third party can also appeal the decision within IATA, as discussed below. The disputing parties also have the right to refer the matter to arbitration under the IATA Arbitration Rules, approved by the IATA Board of Governors in 1999, (included in Attachment E1.B) if both parties consent and are willing to pay the applicable fees.

Because the issue of whether an applicant qualifies for the restricted TLD is a threshold issue, this issue must be decided by IATA first before the ICANN UDRP would apply to issues of whether or not a specific domain name is properly being used.

IATA recognizes that the current ICANN UDRP only applies to situations involving bad faith “registration” and “use” of a domain name. Thus, the situation may arise where an entity wants to challenge registration of a domain name before it has been registered (and therefore before there has been any “use” of the name). In these situations, the following procedures would apply:

1. As part of the application process, the applicant for the domain name would need to agree to submit to the jurisdiction of a court, either in the home country of the applicant or in the country where the registrar is based. The jurisdictional grant would apply to a court proceeding whereby a third party claims that the registration or use of the domain name would violate the intellectual property rights of the third party or an applicable anti-cybersquatting law.

2. Because the applications for domain names will be published on the Internet for a period of ten (10) days, a party that wants to challenge the registration may be able to file a court action prior to the registration being granted.

3. If IATA receives a court-stamped copy of a complaint filed in a court with jurisdiction over the matter, and the complaint requests a ruling that the registration not be permitted, IATA will hold the registration in abeyance until after the court proceeding is terminated, or the court has directed otherwise.

4. If the third party wants to avoid having to file a court case, the party could wait until after it believes there has been bad faith registration and use, and could then file a complaint under the UDRP. In addition, if both parties agree, they can submit the dispute to arbitration under the IATA Arbitration Rules. See Attachment E1.B.

Your response should comprehensively describe policies on all topics to be followed in connection with the proposed TLD. The following items (E2‑E10) are examples only and should not limit your description.

E2. TLD String. Please identify the TLD string(s) you are proposing. For format requirements for TLD strings, see the answer to FAQ #5.

The TLD string proposed is “.travel”

IATA recognises that the use of the word travel has specific meaning within the English language. IATA supports the concepts laid out in RFC's 2825 and 2826 regarding the multilingual expansions regarding the use of a specific English word.

E3. Naming conventions. Describe the naming conventions and structure within the TLD. E.g., will registrants have names registered at the second level (directly under the TLD, as in registered‑name.com), or will the TLD be organized with sub‑domains so that registered domain names are created at a lower level (as in registered‑name”.travel”.com)?

The “.travel” TLD will adopt current Internet based naming restrictions which will apply with the following additions:

a. Entities which are established multinational organizations with a legitimate physical business presence in multiple countries will receive a second level label directly under the travel domain as in “Registered-name.travel”;

b. In the case of applicants who are operating multinationally but all within current European Union signatories, the sub-domain of .eu will be used as the country code identifier;

c. Entities that apply for a domain name from within a specific country will use the existing country code embedded within the “.travel” assignment as in “Registered-name.uk.travel”. The use of Country code sub-domains does not imply a name being registered with the existing Country code TLD. Use of the agreed upon country naming convention is considered a sub-domain within the “.travel” TLD. Name registrations that are done with country code TLD’s are not automatically registered under the same name within the “.travel” TLD.

d. Applications for names under the “.travel” domain are considered to be separate from the .com name space so that no confusion exists between the top level domains. Therefore applications that would attempt to use names that included a .com, .net, .org, .edu, .mil, .gov, etc. within the name would be rejected. Future public TLDs would be rejected in the same way. Use of the common predicates such as “www.” would be at the applicant’s discretion.

E4. Registrars. Describe in detail the policies for selection of, and competition among, registrars. Will domain‑name holders deal through registrars, directly with the registry operator, or some combination of the two? What are the respective roles, functions, and responsibilities for the registry operator and registrars? If registrars are to be employed, how and by whom will they be selected or accredited? If the number of registrars will be restricted, what number of registrars will be selected? Have the qualifying registrars already been selected? On what basis will selections among those seeking to be registrars be made, and who will make them? If registrars are to be used, what mechanisms will be used to ensure that TLD policies are implemented?

(NOTE: E4 is responded to sentence by sentence. See below for details.

- Will domain-name holders deal through registrars, directly with the registry operator, or some combination of the two?

Domain-name holders will deal through registrars exclusively.

- What are the respective roles, functions, and responsibilities for the registry operator and registrars?

The role of the registry operator is as set forth in the ICANN-NSI Registry Agreement and as may be further specified by IATA for the “.travel” TLD in the “IATA-Registry Agreement” (to be developed).

The role of the registrar for the “.travel” TLD is as set forth in the ICANN Registrar Accreditation Agreement, the NSI-Registrar License and Agreement and as further specified by IATA and included in the “IATA-Registrar Agreement” to be developed.

- If registrars are to be employed, how and by whom will they be selected or accredited?

IATA will select those registrars which meet the basic qualifications and criteria set out in the ICANN Registrar Accreditation Agreement, the NSI-Registrar License and Agreement, and as further specified by IATA below, and IATA will subsequently employ and accredit those selected registrars which sign the “IATA-Registrar Agreement” to be developed.

- If the number of registrars will be restricted, what number of registrars will be selected?

There will be no restriction on the number of qualifying registrars and IATA shall actively encourage all industry bodies related to the travel industry to apply.

- Have the qualifying registrars already been selected?

Upon approval of the “.travel” TLD, IATA will solicit proposals from interested registrars.

- On what basis will selections among those seeking to be registrars be made, and who will make them?

IATA will select applicants meeting the qualifications and criteria for registrars as herein outlined and as may be amended from time to time by IATA in consultation with the IATA-Registrar Forum.

These qualifications and criteria will include, but not be limited to, the following:

Any Person or entity may apply to become a “.travel” TLD Registrar by making an application to IATA in the form prescribed and by meeting the qualifications set forth in this section. Such qualifications must continue to be met in order to ensure retention as a “.travel” TLD Registrar (in which event, the term “applicant” where used in this Section shall be understood to include an existing “.travel” TLD Registrar).

The applicant for a TLD Registrar must:

· Meet the requirements set forth in the ICANN Registrar Accreditation Agreement and provide a copy of a signed Agreement thereof;

· Meet any additional requirements set by IATA, namely:

· Provide the following documentation:

· Completed Application Form to be developed to become a “.travel” TLD Registrar;

· Provide proof of having a government license, where applicable, to be an Internet services provider. Where there is no such government licensing requirement, evidence of business registration must be provided;

· If the applicant is not an ICANN Accredited Registrar, the application must be accompanied by proof of application to become such;

· Provide documentation supporting legal form of applicant’s business;

and

· Pay the applicable fees as set out in the Application Form.

- What mechanisms will be used to ensure that TLD policies are implemented?

All Agreements with registrars and the registry operator will include a "right to audit" clause, specifying:

- unscheduled audits at any time;

- mandatory scheduled audits on a frequent basis.

The auditors will be drawn from a pool of auditors determined by co-sourcing agreements between the Sponsoring Organization’s (IATA) Internal Audit Department and external auditors (the "big five" audit firms). Such arrangements already exist for IATA and its accreditation function, which is performed in about 70 outlets. Audit plans will be substantiated in terms of audit scope, audit frequency, and audit reporting.

The reports will be used by IATA to determine the follow-up actions. Management and the Audit Department will independently report to the Audit Committee, consisting of five members of the .travel Advisory Board, who will meet at least twice a year.

Specific Audit Procedures will follow the already well established procedures for conducting audits within IATA. These are outlined in Attachment E4.A.

E5. Intellectual Property Provisions. Describe the policies for protection of intellectual property. Your response should address at least the following questions, as appropriate to the TLD:

PROTECTION OF INTELLECTUAL PROPERTY RIGHTS

COMPLIANCE WITH ANTI-CYBERSQUATTING LAWS

IATA proposes to implement a multi-tiered approach to provide, in a practical manner, the highest level of protection of intellectual property rights and to encourage full compliance with anti-cybersquatting legislation.

First Tier: The Application.

Before an entity can receive a domain name in the restricted “.travel” TLD, the entity must submit a complete application. Included within the application would be, among other things, the following certifications/agreements:

1. The applied-for name does not infringe or dilute the trademark of any third party, and the registration and/or use of the domain name would not otherwise violate the intellectual rights of a third party or contravene applicable anticybersquatting legislation;

2. The applicant agrees to be bound by the ICANN Uniform Dispute Resolution Policy (UDRP);

3. The applicant agrees to be subject to the jurisdiction of the courts in the state or province where the applicant is based, or where the registrar is based, with respect to a civil action claiming that registration and/or use of the domain name would infringe or dilute the trademark of any third party, or would otherwise violate the intellectual rights of a third party, or would contravene applicable anticybersquatting legislation.

These provisions will discourage potential abusers of the intellectual property rights of third parties.

Second Tier: The Geographic Name Restrictions.

The ability of a registered name to infringe or dilute the trademark rights of a third party will be diminished by the geographic name restrictions proposed by IATA. For example, a travel agency called Acme Travel in the United Kingdom will have “.uk” in its name before “.travel” like so: “acme.uk.travel.” A company called Acme Travel in Canada could still obtain a domain name as follows: “acme.ca.travel.”

Third Tier: The Screening Process.

Before IATA approves an application, it will apply the objective criteria it has selected to ensure that the applicant is a genuine participant in the travel industry. This screening process should further serve to exclude applicants who seek use of a domain name for “cybersquatting” purposes.

Fourth Tier: Holding of Registration in Abeyance.

A further means by which IATA proposes to protect intellectual property rights and to help ensure compliance with anti-cybersquatting laws is its intention to hold in abeyance registration of names if litigation is pending before the registration is granted. IATA will publish on the Internet applications under consideration. If a person or entity believes that registration of the domain name would lead to infringement or dilution of a trademark, or would constitute unlawful cybersquatting, the person or entity can file a civil action with a court with jurisdiction over the matter. If IATA receives a copy of a complaint that has been stamped by the court, it will hold the registration in abeyance until the litigation has been resolved, or IATA is otherwise directed by the court.

Fifth Tier: The ICANN UDRP.

As a condition of registration, an applicant must agree to abide by the terms and conditions of the UDRP. This means that a third party can file a complaint with any of the dispute resolution providers recognized by ICANN if that party contends that the applicant has registered and used the domain name in bad faith (and all of the other provisions of the UDRP apply). Once such a proceeding has commenced, IATA would not permit the transfer of the domain name except as authorized under the policy. If the panel assigned to the case ruled that the name must be transferred, IATA would implement this decision, unless the registrant properly filed a court action within the 10 day period provided under the UDRP.

Sixth Tier: IATA Alternative Dispute Resolution Procedures.

IATA recognizes there can be claims for trademark infringement or dilution, or other claims that may fall outside the scope of the UDRP. IATA has a long history of providing alternative dispute resolution and attaches to this Application a copy of the IATA Arbitration Rules referenced above in Attachment E1.B. If both parties to a dispute desire it, they can seek arbitration of their trademark or other dispute under these Rules.

Seventh Tier: Requirement of Use.

A very significant aspect of the restricted TLD being proposed herein is a requirement that the domain name be used. IATA proposes to require that all domain names be “in use” within 90 days of registration. “In use” means part of a substantive, legitimate web site relating to the travel industry. If the 90 day period is not satisfied then, in most cases, the registration will be deleted.

We believe this requirement will go a long way to protecting against the classic cybersquatting activity. In addition, this will help diminish the current problem of having millions of TLDs tied up in registrations without offering the public the benefit of current usage associated with those names.

Eighth Tier: Ongoing Monitoring by IATA.

Finally, IATA intends to conduct annual reviews of each registration to ensure that: 1) the registrant is still a legitimate participant in the travel industry, and 2) the domain name is still “in use.” If either is no longer the case, the domain name will be deleted.

IATA also intends to protect other types of intellectual property rights such as copyrights, confidential information, etc. The criteria that IATA proposes to use in the approval process for the “.travel” TLD will require an applicant to provide much more information than is currently required for other TLDs. This application data will be considered proprietary to the applicant and will be treated as confidential. Only the information that is required for DNS will actually be entered into the registry database.

Registrars will have access to all of the application data. Registrars will be entitled to use applicant information related to “.travel” TLD for their own marketing ancillary services and for renewal processing. Registrars cannot resell the data received as part of a “.travel” application under any circumstances.

E5.1. What measures will be taken to discourage registration of domain names that infringe intellectual property rights?

IATA proposes to adopt the ICANN UDRP, which will help discourage bad faith registration and use of domain names in the “.travel” TLD. In addition, as discussed above, if IATA, prior to registration of the domain name, receives a court-stamped copy of a complaint that has been filed in a court with jurisdiction over the applicant for the domain name, IATA will hold the registration in abeyance pending the outcome of that litigation. As a condition to registration, applicants will be required to agree to consent to the jurisdiction of the courts either in their home country or where the registrar is based with respect to a challenge that the use of the requested domain name would constitute trademark infringement or dilution, or some other violation of the intellectual property rights of a third party. In addition, IATA’s alternative dispute resolution procedures are available if both parties agree to place the matter before a tribunal under the IATA Arbitration Rules, see Attachment E1.B.

E5.2. If you are proposing pre‑screening for potentially infringing registrations, how will the pre‑screening be performed?

As “.travel” will be a truly global TLD, with registrations from virtually every country in the world, there is the distinct possibility that multiple potential registrants could have the same trademark registered in their respective countries. As it is thus impossible to rely on the trademark registration infrastructure of any single country, this presents an obvious challenge for any pre-screening process. What IATA proposes, as shown in the flow diagram in Attachment E1.A is to post all new applications on the website for a 10-day period, to give the public notice of the filing and an opportunity to object in the event of an allegation of trademark infringement. Should such an allegation be made, the procedures described above in Section E5.1 would then be triggered to determine whether the registration proposal would in fact constitute a trademark infringement. IATA believes this will be a practical and effective means for identifying and resolving trademark disputes early on in the domain name registration process, providing a model that may be suitable for emulation in other TLDs which also must come to grips with the prospect of potentially conflicting registrations in the trademark systems of different countries.

In addition, as fully explained in Section D, Registry Operator’s Proposal, II 2.1.4 , the “.travel” TLD registry operator proposes to offer an Intellectual Property Notification Service which will enable interested parties to monitor domain registrations. This enhancement will further contribute to the ability of members of the Internet community to take action early in the process when potentially infringing registrations are proposed.

E5.3. What registration practices will be employed to minimize abusive registrations?

The proposed approval process will negate the assignment of domains that are intended for any other purpose than use by entities that are genuine participants in the travel industry. Domain names that are assigned under “.travel” will undergo periodic review and IATA will accept public commentary regarding entities using a “.travel” domain.

With respect to domain names that may violate the intellectual property rights of third parties, as referenced above, IATA proposes to adopt the ICANN UDRP, where applicable, to hold applied-for names in abeyance if a court proceeding has been commenced, and to make its alternative dispute procedures available if both parties desire to invoke them.

E5.4. What measures do you propose to comply with applicable trademark and anti‑cybersquatting legislation?

IATA intends to comply fully with such legislation. These laws can be enforced because applicants will be required to consent to the jurisdiction of certain courts, and a party with a potential complaint will have had access to the requested application via the Internet during the ten day window after the application has been filed. That party will be able to file a court action, and if IATA receives a copy of the complaint stamped by the court in a timely fashion, it will hold the application in abeyance until the matter has been litigated. If the case comes to the attention of IATA after the name has been registered, IATA will comply with the lawful order of the court regarding any transfer or cancellation of the name.

In addition, as stated above, IATA intends to adopt the ICANN UDRP. Further, IATA would offer the alternative of an IATA arbitration if the parties mutually agree to it as referenced in E1 under the UDRP, point 4 and elsewhere below.

E5.5. Are you proposing any special protections (other than during the start‑up period) for famous trademarks?

The ICANN UDRP already addresses famous trademarks to some extent. In addition, if a person or entity believes that a proposed registration will infringe a “famous” trademark, that person or entity can file suit in the appropriate court and provide IATA with a copy of the complaint as filed. In this case, IATA would hold the registration in abeyance if notification was received prior to registration. Otherwise, IATA would defer to the decision of the court when issued.

E5.6. How will complete, up‑to‑date, reliable, and conveniently provided Whois data be maintained, updated, and accessed concerning registrations in the TLD?

As part of the application and approval process IATA will require that each assigned name undergo a yearly review. Where material changes have been made to data pertinent to the registration database IATA will provide the database with the changes. Whois queries will go through a normal request process for any TLD and result in a typical response for the existing TLD’s. Data that is atypical of a normal Whois request will not be made available from this registry.

During the startup portion of the “.travel” TLD the registry will serve Whois requests with a minimum of information supplied. When the IATA registrar support organization has reached a more mature state IATA may elect to provide a more expansive Whois server.

E6. Dispute Resolution. Describe the policies for domain name and other dispute resolution. If you are proposing variations to the policies followed in .com, .net, and .org, consider the following questions:

E6.1. To what extent are you proposing to implement the Uniform Dispute Resolution Policy?

As discussed above, IATA fully intends to adopt the UDRP.

E6.2. Please describe any additional, alternative, or supplemental dispute resolution procedures you are proposing.

The UDRP applies to whether a domain name has been registered and is being used in bad faith. It would not apply to the issue of whether an entity meets the objective IATA criteria for determining whether the entity is entitled to be a part of the “.travel” TLD. If a dispute arises between two entities as to whether an applicant is so qualified, and both parties desire it, the IATA Arbitration Rules can be applied to resolve that dispute. In addition, IATA would make the IATA Arbitration Rules applicable to a dispute regarding use of a particular name if both parties so desired. A copy of the current IATA Arbitration Rules is set forth in Attachment E1.B.

E7. Data Privacy, Escrow, and Whois. Describe the proposed policies on data privacy, escrow and Whois service.

IATA has been and will continue to be fully committed to complying with all applicable laws in relation to data privacy. In this regard, the IATA Passenger Services Conference has adopted a policy, designated Recommended Practice 1774 “Protection of Privacy and Transborder Data Flows of Personal Data Used in International Air Transport of Passengers and Cargo” a copy of which is attached as Exhibit C4.F. The intention in adopting this Recommended Practice is that it would serve as a modus vivendi whereby IATA Members could demonstrate their compliance with relevant data privacy laws, particularly those of the European Union. Discussions are ongoing with the European Union toward achieving recognition of Recommended Practice 1774 as an approved Code of Conduct.

The Memorandum of Understanding between IATA and the Registry Operator provides that all data in relation to the “.travel” TLD will be deposited with a reputable, mutually acceptable escrow agent, to be transferred to IATA and/or ICANN upon expiration or termination of the Agreement between IATA and the Registry Operator, in order to ensure reliable and continuous operation of the “.travel” TLD.

The IATA concept in proposing the “.travel” TLD as a criteria-based approval TLD changes some of the previous Internet standard practices regarding Escrow and Whois. The Escrow concerns that currently exist between the registrar and the registry will be handled within the IATA second level registrars organization. IATA will receive the application and fees from the Registrar. IATA will inform the registry to reserve the applied-for name in a pending area. IATA will perform the decision process for name approval. IATA will then notify the registry of the approval status and remit the registry fee. The registry will then update DNS and the Whois server data.

E8. Billing and Collection. Describe variations in or additions to the policies for billing and collection.

In the broadest terms, the applicant for a “.travel” TLD name will be invoiced electronically by the registrar to whom the application is submitted. The applicant will remit electronically the applicable fees to the registrar. The registrar will, in turn, electronically transmit the remittance to IATA less the commission for the agreed services provided by the registrar on behalf of IATA. IATA will in turn settle electronically with the registry operator the agreed remuneration for the services to be provided.

IATA will bring to this process its extensive experience in the billing and collection system through its Billing and Settlement Plan (BSP) operating in over 140 countries, regions or territories which is a precise and tested system in operation for more than thirty years. The BSP system simplified the “clearing house model” of reporting and remitting procedures of IATA Accredited Passenger Sales Agents to their appointing airlines. The BSPs, together with the CASS (Cargo Accounts Settlement Systems for Cargo Agents),processed in excess of US$130 billion in 1999 on behalf of the some 574 participating airlines worldwide.

IATA’s expertise in financial processing also includes the IATA Clearing House which processes interline billings and charges on a monthly basis. The IATA Clearing House processed some US$32 million in 1999 on behalf of its participants.

IATA also operates the Interline Data Exchange Centre (IDEC) which supports revenue accounting by providing electronic transmission of interline billing data for 81 airlines with, in 1999, over 80 million data records; the IATA Currency Clearance Service (ICCS) for 45 airlines participating in 40 countries which cleared US$10.9 million in 1999 and the ATC (Air Traffic Control) Enhancement & Financing (E&F) service which collects air navigation charges on behalf of 29 air traffic control authorities worldwide.

E9. Services and Pricing. What registration services do you propose to establish charges for and, for each such service, how much do you propose to charge?

As a not-for-profit organisation IATA will charge for the registration services outlined herein on a cost recovery basis. Any surpluses that may arise will be reinvested into Internet initiatives aimed at improving the service, supporting the implementation and promotion of new Internet best practices and, importantly, in helping bridge the digital divide.

IATA’s registration service is designed to support the TLD policies outlined herein through the initial accreditation of registrars, sponsoring associations and domain name applicants. The fees associated with the activity are structured to cover the direct costs associated with fees charged to IATA by the Registry Operator, service fees to registrars and associations, and IATA’s direct costs in administering the TLD policies and quality assurance program associated with the “.travel” TLD.

In addition to the one-time accreditation fee IATA will administer a yearly domain name subscription fee to cover Registry charges to IATA as outlined in Section D of the Registry Operator’s Proposal. IATA’s other ongoing costs will be associated with infrastructure maintenance, support and concurrence in meeting new Internet standards and best practices, seven by twenty four customer support, awareness and educational programs, support for the .travel Advisory Board and IATA-Registrar Forum, and the ongoing quality assurance and review program. In accordance with IATA’s not-for-profit structure, fees will decrease as the fixed costs associated with the program are distributed over an increased subscription base, as shown in the Pro-Forma Initial Budget, see Attachment C12.B.

E10. Other. Please describe any policies concerning topics not covered by the above questions.

IATA currently follows and systematically applies policies for ensuring that companies that are accredited or endorsed by IATA meet certain standards for viability and legitimacy. IATA would bring these same policies to the “.travel” TLD. Not only would IATA require that applicants to the “.travel” TLD demonstrate this same level of viability and legitimacy, but it would continue to apply these policies through annual reviews and other monitoring procedures.

II. REGISTRATION POLICIES DURING THE START‑UP PERIOD (Required for all TLDs)

E11. In this section, you should thoroughly describe all policies (including implementation details) that you propose to follow during the start‑up phase of registrations in the TLD, to the extent they differ from the General TLD Policies covered in items E1‑E9. The following questions highlight some of the areas that should be considered for start‑up policies:

Because this will be a restricted top level domain, and because registrations will require satisfaction of certain objective criteria, the startup phase will perforce be different than it is for an unrestricted TLD. IATA proposes to handle the startup phase, estimated to last about four months, as follows:

The initial population of “.travel” assignments will be considered based on top level domain names first (as in “Registered-name.travel”). This will be followed by country-specific sub-domains (as in “Registered-name.fr.travel”). Applications that arrive during the startup period which do not fit the top level criteria will be deferred for consideration until after the startup phase has passed.

E12. How do you propose to address the potential rush for registration at the initial opening of the TLD? How many requested registrations do you project will be received by the registry operator within the first day, week, month, and quarter? What period do you believe should be considered the TLD's "start‑up period," during which special procedures should apply?

IATA believes that by limiting the applicant process to only those qualified for a top level domain name in the first few months, IATA will be able to provide the most expansive benefits to the common Internet user, without overwhelming the registry, registrar and accrediting process.

E13. Do you propose to place limits on the number of registrations per registrant? Per registrar? If so, how will these limits be implemented?

The “.travel” TLD, being a restricted or sponsored TLD, has a built-in limitation to how many applications may be approved for any particular applicant. Each name application will be evaluated on its own merits and approved or disapproved based on its individual application. It is to be expected that some members of the travel industry will have multiple names that they want to be included in the “.travel” TLD, and IATA intends to accommodate such requests as long as each request satisfies the applicable criteria.

E14. Will pricing mechanisms be used to dampen a rush for registration at the initial opening of the TLD? If so, please describe these mechanisms in detail.

The rush for registration in the startup phase is limited by the type of TLD assignment available during that period. Pricing is a factor determined by the type of registration, but not as a vehicle to artificially limit the number of applicants.

E15. Will you offer any "sunrise period" in which certain potential registrants are offered the opportunity to register before registration is open to the general public? If so, to whom will this opportunity be offered (those with famous marks, registered trademarks, second‑level domains in other TLDs, pre‑registrations of some sort, etc.)? How will you implement this.

IATA believes that the practice of offering pre-registrations to particular applicants to be a discriminatory practice. IATA will use a phased approach to limit the initial sign-on rush by only allowing those who qualify for top level domain names to proceed in the approval process. The issues surrounding trademarks and other brand issues are accounted for in the multi‑tiered approach discussed above which IATA is adopting for the “.travel” TLD.

III. REGISTRATION RESTRICTIONS (Required for restricted TLDs only)

E16. As noted in the New TLD Application Process Overview, a restricted TLD is one with enforced restrictions on (1) who may apply for a registration within the domain, (2) what uses may be made of those registrations, or (3) both. In this section, please describe in detail the restrictions you propose to apply to the TLD. Your description should define the criteria to be employed, the manner in which you propose they be enforced, and the consequences of violation of the restrictions. Examples of matters that should be addressed are:

As the “.travel” sponsor, IATA proposes that the simple relationship of registrar and registry is insufficient to meet all of the implications of a criteria‑based approval process.

IATA proposes that for “.travel” there are restrictions on who may apply, how they may use the name (stated as part of the application) and whether their specific business or organizational standing is substantiated by a third party process.

IATA, as in all of its activities, is non-exclusionary and therefore any person or entity conducting and/or providing travel business and services may apply for a “.travel” TLD registration by making an application in the form prescribed to a duly appointed Registrar and by meeting the objective requirements and criteria set forth by IATA. Such objective qualifications and criteria must continue to be met in order to ensure retention of the “.travel” TLD registration (in which event, the term “applicant” where used in this section shall be understood to include an existing holder of a “.travel” TLD registration).

See Sections E17-E21 for more detail.

E17. Describe in detail the criteria for registration in the TLD. Provide a full explanation of the reasoning behind the specific policies chosen.

The introduction of a new TLD that uses a different method of assigning domain names allows for the correction of some of the problems that have faced Internet users, trademark owners, and service providers, while still striving to protect the continued flow of free expression on the Internet.

IATA believes that the growth and stability of the Internet is highly dependant on a fully developed e-commerce environment. A fully developed environment includes a reasonable amount of consumer assurance that they are not in constant jeopardy of being cheated by unsavory operators. That environment also includes a method for buyers and sellers to assure each other of their ability to meet and maintain a minimum set of objective requirements and criteria.

Therefore, IATA proposes that certain minimum objective requirements and criteria must be met if an application is to be approved for registration in the “.travel” TLD. Registration in the “.travel” TLD will not be given to an applicant who fails to meet these minimum objective requirements and criteria. The objective requirements and criteria must continue to be met in order to ensure retention of registration in the “.travel” TLD.

Generally the objective qualifications and criteria for registration in the “.travel” TLD will include, but not be limited to, the following:

· A completed Application Form (to be developed) including name, physical, postal and e-mail addresses, telephone and fax numbers, web site name, address and date on which established, VAT number (if applicable);

· A government license, where required to be a travel business and services provider. Where there is no such government licensing requirement, evidence of business registration must be provided if applicable;

· A digital certificate;

· Documentation providing evidence of applicant’s legal form of business;

· Must be an operating business, be accessible to the public, be in compliance with local business practices and be identifiable as being a supplier/distributor/reseller of travel services, including local and government tourist boards;

· Evidence of meeting the appropriate financial requirements for the business;

· Appropriate banking references;

· Evidence of errors and omissions insurance policy;

· Evidence of meeting the appropriate security requirements for the business;

· No pending or unresolved complaints at state or local consumer affairs offices;

· Evidence of advertising the entity under the business name, i.e. a listing in the telephone directory;

· If a new entity or startup business, provision of a business plan;

· Certification that the registration and/or use of the domain name will not infringe or dilute the trademark rights of any third party, or otherwise violate the intellectual property rights of any third party, or contravene any applicable law against cybersquatting or cyberpiracy;

· Agreement to be bound by the ICANN Uniform Dispute Resolution Policy;

· Agreement to submit to the jurisdiction of the courts in the state or province where (1) the registrar is based or (2) the applicant is based, with respect to the filing of any suit which alleges that the registration or use of the domain name infringes or dilutes the trademark rights of any third party, or otherwise violates the intellectual property rights of any third party, or contravenes any applicable law against cybersquatting or cyberpiracy;

· All material statements in the application must be accurate and complete;

· Applicable fees as set out in the Application Form;

· In addition, if the applicant is successful, the “.travel” TLD registration must be used within ninety (90) days of registration approval.

Specific objective qualifications and criteria are to be developed appropriate for the various categories of applicants within the travel industry through their representatives on the .travel Advisory Board and agreed with IATA.

IATA’s extensive experience in the development of objective, but appropriate, business standards, objective qualifications and criteria will assist in this development. Examples where IATA administers and manages such activities are:

· Assignment of Airline Code Numbers (see IATA’s Airline Coding Directory, Exhibit C4.C);

· Assignment of Airline Designators (see IATA’s Airline Coding Directory, Exhibit C4.C);

· Assignment of Designators for Non-airline Companies, eg Car Rental Companies, Hotel/Motel, Ticketing System Codes, etc. (see IATA’s Airline Coding Directory, Exhibit C4.C);

· Administration of Location Identifiers (see IATA’s Airline Coding Directory, Exhibit C4.C);

· Accreditation, Registration and Endorsement of Travel and Cargo Agents, Travel Service Intermediaries (TSIs) (see IATA’s Passenger Agency Conferences Resolutions Manual, Exhibit C4.G);

· Assignment of Codes for the Travel Industry Designator Service (TIDS) and Electronic Reservation Services Providers (ERSPs) (see IATA’s Passenger Agency Conferences Resolutions Manual, Exhibit C4.G, IATA’s Passenger Services Conference Resolutions Manual, Exhibit C4.F and www.iata.org/tids and www.iata.org/ersp );

· Management of the IATA Travel Settlement Services (ITSS) (see www.iata.org/ids/travset ).

Samples of IATA’s objective requirements and criteria are:

Requirements and criteria for the assignment of airline codes, airline designators and three-letter location identifiers are found in the respective governing IATA Resolutions 762, 763 and 767 in the Airline Coding Directory (see Exhibit C4.C).

In respect to the worldwide travel agent sector of the travel industry, IATA has developed in consultation with local travel agent associations and the International Federation of Travel Agent Associations (UFTAA) qualifications and criteria currently in place for IATA Accredited Travel Agents which consist of general and country or area specific qualifications and criteria. Examples of these are contained in Resolution 814 which are applicable in a number of European and non-European countries (see Exhibit C4.E). Similar Handbooks contain general and country or area specific criteria for the Americas, Asia/Pacific and other European, Middle-Eastern and African countries not covered by the Resolution 814 programme. These can be viewed on the IATA website at: http://www.iata.org/agenthome/resolutions/reso1999.htm .

E18. Describe the application process for potential registrants in the TLD.

Numerous aspects of the application process are discussed in detail in various sections above, which are incorporated herein.

As noted in the previous section E17, IATA has extensive experience in processing applications for the assignment, administration and management of a variety of alpha and numeric codes. IATA also has extensive experience in processing applications not only for airline membership in the Association but also for the accreditation, registration and endorsement of travel and cargo agents worldwide through its field offices. IATA will bring all this experience to the application process for registration in the “.travel” TLD.

Features of the procedures for processing applications for registration in the “.travel” TLD will include, but not be limited to, the following:

· Each applicant will complete the application form from the IATA website;

· Upon receipt of the application, the Registrar shall promptly consider whether such application is complete. If any of the required information or fees have not been included with the application the Registrar shall so inform the applicant;

· The requested name shall be reserved with the Registry Operator pending approval or disapproval of the application;

· IATA shall promptly publish the applied-for name and the identity of the applicant on the IATA web site and shall provide a public comment period of 10 days (see diagram in Attachment E1.A);

· Any person or entity may file evidence within a period of 10 days with the Registrar/IATA indicating the grounds why that person or entity contends that the applicant does not meet the qualifications to be registered in the “.travel” TLD or to be granted the requested name. However, while IATA will make determinations regarding the ability of an applicant to be part of the “.travel” TLD, IATA shall not decide questions pertaining to trademark rights – rather, as discussed in E.5 above and elsewhere, trademark disputes may be resolved pursuant to the ICANN UDRP, the IATA Rules of Arbitration (see Attachment E1.B), or by the relevant court(s);

· The Registrar/IATA shall inform the applicant in writing in a timely fashion that such a protest has been made and shall invite a response;

· IATA shall process the application within a specified length of time to allow for due diligence in verifying the data provided;

· IATA shall provide for appropriate verification procedures of the data appropriate to the various categories of applicant within the travel industry;

· IATA shall promptly notify the applicant of the approval of the application and registration in the “.travel” TLD;

· Upon approval of the application, IATA shall notify the Registry Operator and registrar to update the Registry to reflect assignment of the newly approved “.travel” domain name;

· In the event of rejection of the application, the Registrar/IATA shall promptly notify the applicant in writing, giving clear reasons why the application failed. See E20 below for the appeal process;

· Any person or entity who filed a protest during the comment period may, if the application is approved, request a reconsideration of the “.travel” TLD registration by IATA or may request a review of the “.travel” TLD registration on the grounds specified in the protest. In the latter instance, IATA shall request the “.travel” TLD Name Commissioner to initiate a review and shall notify the “.travel” TLD registration holder of the request for the review and the grounds upon which it shall be based and shall invite the “.travel” TLD registration holder to submit rebuttal or supplementary information to the “.travel” TLD Name Commissioner, with copy to IATA, bearing on the allegations upon which the protest was filed.

· Rules of practice and procedure for a review conducted by the .travel TLD Name Commissioner shall be promulgated to ensure a prompt and impartial review of all matters properly submitted to the .travel TLD Name Commissioner;

· If the newly approved “.travel” TLD registration holder feels aggrieved about the decision of the .travel TLD Name Commissioner, access to further possible relief is provided for by recourse to the IATA arbitration process.

A person or entity registered in the “.travel” TLD wishing to have an additional registration in the “.travel” TLD shall apply to the Registrar/IATA which is empowered to register the applicant or reject such applications.

The process for application is described as a flow diagram in Attachment E1.A.

Samples of IATA’s processing procedures:

· The assignment of airline codes, airline designators and three-letter location identifiers are found in the respective governing IATA Resolutions 762, 763 and 767 in the Airline Coding Directory (see Exhibit C4.C).

· Travel agent applications in a number of European and non-European countries are found in, Resolution 814, (see Attachment C4.E). Similar Handbooks contain general and country or area-specific procedures for the Americas, Asia/Pacific and other European, Middle-Eastern and African countries not covered by the Resolution 814 programme. These can be viewed on the IATA website at:

http://www.iata.org/agenthome/resolutions/reso1999.htm for travel agents outside the USA. The procedures for IATAN Endorsed Travel Agents and Travel Services Intermediaries in the USA can be found on the IATAN web site at http://www.iatan.org/ .

· The issuance of the popular Travel and Cargo Agent ID Card in the USA to over 218,000 individual qualifying suppliers of travel services and a similar number outside the USA meeting specified critieria in accordance with their role in the travel industry and renewable on an annual or biannual basis (for the USA see http://www.iatan.org/ and for outside the USA see http://www.iata.org/idcard/travel/guide.htm .

E19. Describe the enforcement procedures and mechanisms for ensuring registrants meet the registration requirements.

IATA will ensure that the registrants meet the objective requirements by carefully and thoroughly reviewing the applications and the supporting information which must accompany the applications. As stated above, if the necessary information and documentation are not provided, the application will not be granted. In addition, the public will have the opportunity to bring to IATA’s attention any facts which the submitter believes should be considered by IATA before granting the registration.

In addition, IATA has extensive experience in the processing of applications in the travel industry, and would apply that experience to the process for “.travel” TLD registration applications. See, for example, Resolution 814, which appears in Attachment C4.E above, setting forth the criteria for accreditation of travel agents in Western Europe. In applying such resolutions, IATA is accustomed to fairly and strictly applying their terms, as required by the public interest-based antitrust immunity granted by the US and other governments.

Features of the procedures for processing of applications for registration in the “.travel” TLD will include, but not be limited to, the following:

Application For Approval

The rights to submit an application.

Form Of Application — Processing

The form and content of an application, payment details.

Capacity And Indemnity

Indemnification of Officers and employees and other appointees against liability (including liability for legal costs) for any action taken or omitted in good faith in the performance of their functions.

Inspectors And Inspections

Authority for Inspection.

Inspections may be initiated by IATA acting on information from any source.

Appointment and Reporting

IATA may appoint on an ad hoc basis one or more inspectors to ascertain whether or not the applicable minimum application standards are being met by the applicant and to report their findings to the applicant in writing.

Detected Failure To Meet Minimum Standards

In such circumstances the IATA “.travel” TLD Name Administrator shall advise all Registrars and the Registry Operator about the withdrawal of the certificate.

Changes Requiring New Agreement

Changes on the application which require re-submission of an application are to be worked out in detail.

Final Approval By IATA

No other authority than IATA shall give the final approval of a TLD domain name.

E20. Describe any appeal process from denial of registration.

To be meaningful and effective any body of regulation must be reasonable and fair to those who are subject to them. IATA has appeal mechanisms in place that ensure that due process is accorded by IATA to all persons or entities to whom it assigns and administers alpha and numeric codes, accords accreditation, registration or endorsement.

To ensure this for the “.travel” TLD, there will be a process for appeal against rejection of the application. If an applicant believes that it has been denied an approval for reasons that are not consistent with the stated approval criteria, the applicant may raise the issue internally within IATA and ultimately, they may be able to invoke the IATA dispute resolution procedures.

The IATA internal appeal process includes, but is not limited to, the following:

· Within a specified period of time, the rejected applicant may request reconsideration of the decision by the registrar/IATA;

· The applicant also may invoke procedures for review of the Registrar’s/IATA’s action by the .travel TLD Name Commissioner;

· The results of the review will be communicated to the rejected applicant, who will be advised of the right of recourse in the communication of the decision;

· If the appellant remains aggrieved by the review decision, access to further possible relief may be provided by recourse to the IATA arbitration process;

· Pending the outcome of the review process, the person’s or entity’s “.travel” TLD registration name shall be placed in escrow.

In such a case, the person’s or entity’s “.travel” TLD registration name continues to remain in escrow pending the outcome of the dispute resolution process.

With respect to IATA’s general experience in this area, in the travel agent sector of the travel industry, IATA has developed, in consultation with the Universal Federation of Travel Agent Associations (UFTAA), procedures for appeal of a decision against it with the local manager, the Travel Agency Commissioner and ultimately by arbitration. An example of these procedures is in IATA Resolution 814e, which are applicable in a number of European countries (see Attachment C4.E). Similar Handbooks with general and country or area specific criteria are available for the Americas, Asia/Pacific and other European, Middle-Eastern and African countries not covered by the Resolution 814 programme. These can be viewed on the IATA website at:

http://www.iata.org/agenthome/resolutions/reso1999.htm

There are analogous procedures in place in respect to the recall of assigned airline code numbers and designators found in the respective governing IATA Resolutions 762 and 767 in the Airline Coding Directory (see Exhibit C4.C).

E21. Describe any procedure that permits third parties to seek cancellation of a TLD registration for failure to comply with restrictions.

IATA will adopt the ICANN UDRP, which allows for parties to seek transfer or cancellation of a domain name that violates the terms of that policy including the registration and use of the domain name in bad faith. Also, the statements made in Section E.5 above are incorporated herein.

In addition, IATA will provide a forum for public commentary regarding the issuance or continuance of a “.travel” domain name. However IATA reserves the right to make the determination regarding the approval or denial of any “.travel” name based on its transparent and objective criteria.

Features of the procedures for processing requests by third parties to seek cancellation of a TLD registration will include, but not be limited to, the following:

· Any person or entity who believes that another person or entity holding a registration in the “.travel” TLD no longer qualifies for the registration, may request a cancellation of the “.travel” TLD registration in writing (including email) to IATA giving the reasons for the request;

· IATA shall initiate a review of the holder of the TLD on the grounds specified in the request;

· IATA shall notify the holder of the “.travel” registration of the request for the review of the “.travel” TLD registration and the grounds upon which it shall be based and shall invite the “.travel” TLD registration holder to submit rebuttal;

· IATA shall notify all parties of the result of the findings of the review;

· Either the “.travel” TLD registration holder or the third party requesting the cancellation may request reconsideration of the decision of IATA by the “.travel” TLD Name Commissioner.

IV. CONTEXT OF THE TLD WITHIN THE DNS (Required for all TLDs)

E22. This section is intended to allow you to describe the benefits of the TLD and the reasons why it would benefit the global Internet community or some segment of that community. Issues you might consider addressing include:

E23. What will distinguish the TLD from existing or other proposed TLDs? How will this distinction be beneficial?

Currently, the majority of TLDs are open to use by anyone for any purpose. The problems that arise for e-commerce and public trust in these circumstances are well known in the e-commerce and travel business world. IATA has been accrediting travel related organizations for many years and is in a unique position to alleviate the issues currently surrounding travel e-commerce in the .com name space. By providing a criteria-specific approval process to the acquisition of a “.travel” domain name, IATA believes that all of the current e-commerce issues surrounding the use of .com will be mitigated to the benefit of the public and the providers of goods and services in the travel industry.

The misuse of trademarks and trademark disputes within other domains (.com, .net, .org) will remain an issue in those name spaces.

E24. What community and/or market will be served or targeted by this TLD? To what extent is that community or market already served by the DNS?

Currently the travel industry is served by the use of the .com, .net and .org TLDs. The problems inherent in a first-come-first-served assignment process has led to significant problem for both the consumer and the provider of goods and services in the travel industry. The proposed TLD “.travel” will not resolve the problems in those name spaces. The new name space will provide an environment where those problems do not exist for the travel industry.

E25. Please describe in detail how your proposal would enable the DNS to meet presently unmet needs.

DNS as a function currently meets the need of resolving names. This proposal does not attempt to enhance or modify how or what DNS provides. IATA believes that the enhancement to the Internet is by providing a criteria‑based approval process that fairly assigns names based on accreditation and verification by a third party. A side benefit to DNS will be a much more stable registry environment within the “.travel” name space.

E26. How would the introduction of the TLD enhance the utility of the DNS for Internet users? For the community served by the TLD?

The introduction of this sponsored TLD does not materially affect the utility of DNS for Internet users. However it does provide a more stable and therefore more reliable source of DNS information for Internet users and the served community.

E27. How would the proposed TLD enhance competition in domain‑name registration services, including competition with existing TLD registries?

The “.travel” TLD proposal breaks the current domain naming practices of “first come first served” without regard to corporate rights or meaningful identification of the applicant. The existing open naming model in use in the .com, .org, .net name spaces allow for use of the Internet free of responsibility for use of a name and its connotations. While this meets the needs of free and open expression it denies the common user any assurance about the entities they transact business with. The travel industry is becoming a very significant part of the e-commerce activity on the Internet. By introducing a sponsored/restricted TLD specifically for the travel industry, IATA believes that consumer and corporate-to-corporate assurances of business viability can be made. Internet common users who want to transact business on the Internet will naturally be drawn to using a domain name that has this type of assurance versus one that has not. Over time the pressure on the existing .com, .net, .org open name spaces will lessen as other Internet value based industries pick up the approval model of “.travel”. IATA believes that in the future it will be common to see sponsored TLDs relating to many types of industries on the Internet. This new approval-based TLD will inherently bring about many more types of competitive registries and registrars than available today.

V. VALUE OF PROPOSAL AS A PROOF OF CONCEPT (Required for all TLDs)

E28. Recent experience in the introduction of new TLDs is limited in some respects. The current program of establishing new TLDs is intended to allow evaluation of possible additions and enhancements to the DNS and possible methods of implementing them. Stated differently, the current program is intended to serve as a "proof of concept" for ways in which the DNS might evolve in the longer term. This section of the application is designed to gather information regarding what specific concept(s) could be evaluated if the proposed TLD is introduced, how you propose the evaluation should be done, and what information would be learned that might be instructive in the long‑term management of the DNS. Well‑considered and articulated responses to this section will be positively viewed in the selection process. Matters you should discuss in this section include:

In proposing a sponsored or restricted TLD, IATA proposes to provide the consuming public with the benefit of its decades of experience in accrediting and endorsing legitimate members of the travel industry. This domain name will be truly restricted in the sense that entities with a “.travel” TLD will need to satisfy the IATA objective criteria for demonstrating that the applicant is a legitimate participant in the travel industry. This is not a new task for IATA. For decades we have been involved with application of objective criteria to determine who is a suitable member airline, and whether entities should be accredited or endorsed as travel agencies. The public which uses the TLD will receive the benefit of this experience as we apply it to the determination of which entity has the right to be part of the TLD. This will bring a degree of qualification that is currently not present on the Internet or in e-commerce generally. Just as the public has a certain degree of comfort and confidence in dealing with an IATA accredited travel agency, they will have a similar level of comfort and confidence, we believe, in dealing with a travel agency that has been able to obtain the “.travel.” domain name.

In addition, as a method of dealing with trademark issues a restricted domain is significantly easier to manage.

E29. What concepts are likely to be proved/disproved by evaluation of the introduction of this TLD in the manner you propose?

Currently the Internet is operating with a concept of a first-come-first-served process regarding the uncensored assignment of any name applied for in the .com, .org, .net name spaces. While this meets the original Internet concept of free and open expression it does not address the current issues of trademark infringement, trademark dilution, cybersquatting, and business practice assurance. By creating a TLD that has specific approval criteria associated with it, IATA provides a way to deal with these issues and at the same time cause no infringement on the original intent of free expression.

E30. How do you propose that the results of the introduction should be evaluated? By what criteria should the success or lack of success of the TLD be evaluated?

The best and most complete evaluation is in the marketplace. If the Internet common user displays an interest in using sites that have an established level of assurance, and if organizations respond by applying for and receiving “.travel” domains, then the proof is in the numbers.

E31. In what way would the results of the evaluation assist in the long‑range management of the DNS?

The results of opening a sponsored TLD that uses a criteria‑based approval process will have impact on all of the industries desiring to participate in e‑commerce activity. A sponsored TLD represents a significantly more manageable database underlying the DNS records. Side benefits to the overall DNS Internet infrastructure will be seen in a better distribution of DNS A servers with smaller more manageable databases serving more specific TLDs.

E32. Are there any reasons other than evaluation of the introduction process that this particular TLD should be included in the initial introduction?

The travel industry is one of the largest e-commerce activities taking place on the Internet today. Providing a value proposition behind the use of a domain name is a new concept in Internet naming conventions. IATA believes the success of providing an approval process behind a domain name will not only solve many of the current trademark issues but will be well received by consumers as well. As an evaluation of a TLD the “.travel” domain will make a very sound test bed for the concept of approval‑based domain name assignment. The anticipated acceptance of the “.travel” TLD will point the way to whole new categories and conceptual types of domain names.

Attachment E1.A:

“.travel” TLD Registration Process

Attachment E1.A: “.travel” TLD Registration Process
Attachment E1.B:

IATA Arbitration Rules

Attachment E1.B: IATA Arbitration Rules

As Approved by BG/169 (May 1999)

CONTENTS

Introduction

Scope Article 1

Commencing the Arbitration

Contractually agreed arbitration Article 2

Other arbitration Article 3

Request for arbitration Article 4

Answer to the Request Article 5

Written statements and documents Article 6

Constitution of the Arbitral Tribunal

Number of arbitrators Article 7

Appointment of a sole arbitrator Article 8

Appointment of three arbitrators Article 9

Jurisdiction Article 10

Challenge and replacement of Arbitrators

Challenge of arbitrators Article 11

Replacement of arbitrators Article 12

Arbitral proceedings

Seat of arbitration Article 13

Language of the proceedings Article 14

Rules governing the proceedings Article 15

Provisional measures Article 16

Hearings Article 17

Applicable Law Article 18

Time-limit for the award Article 19

Interim awards Article 20

Award by three arbitrators Article 21

Award by consent Article 22

Making of an award Article 23

Notification of the award Article 24

Finality and enforceability of award Article 25

Correction and interpretation of awards,

additional awards Article 26

Costs

Costs of Arbitration Article 27

Payment accompanying a Request

for arbitration Article 28

Advance on costs Article 29

Final costs Article 30

Standard Arbitration Agreement Appendix 1

Schedule of Costs Appendix 2

INTERNATIONAL AIR TRANSPORT ASSOCIATION ARBITRATION RULES

INTRODUCTION

Article 1 - Scope

The International Air Transport Association (“IATA”) Arbitration Rules (the “Rules”) are for use in arbitrations between parties who agree to settle their disputes under the IATA Arbitration Rules.

COMMENCING THE ARBITRATION

Article 2 - Contractually agreed arbitration

Where parties have agreed by means of an arbitration clause in an agreement that any dispute arising between them concerning the agreement shall be settled under IATA Arbitration Rules, any party may initiate arbitration proceedings by submitting a Request in writing to the Director General of IATA.

Article 3 - Other arbitration

1. Other disputants wishing to have recourse to arbitration under these Rules, shall complete and sign the Standard Arbitration Agreement (Appendix 1) ("Arbitration Agreement"), agreeing that disputes between or among them shall be referred to arbitration under these Rules.

2. Subject to this Article, any party to the Arbitration Agreement may initiate proceedings by submitting a Request for arbitration to the Director General. The date when the Request is received by the Director General shall be deemed to be the date of commencement of the proceedings.

Article 4 - Request for arbitration

1. The Request shall contain:

a) full names, nationalities, description and addresses of the parties;

b)a request that the dispute between the parties be submitted to arbitration under the Rules;

c) if applicable, the Arbitration Agreement binding the parties; and

d)in the absence of an Arbitration Agreement:

-the agreement wherein the parties have bound themselves to settle their disputes under the IATA Arbitration Rules;

-a description of the nature and circumstances of the dispute;

-steps taken by the initiating party to settle the dispute, including copies of relevant exchanges of correspondence;

-a statement of the relief sought and an indication of any amount

claimed;

-any comment as to the seat of arbitration, the applicable law,

the language(s) of the arbitration and the preferred number of arbitrators;

-where applicable, the name and address of an arbitrator the party has selected.

2. The Director General shall send a copy of the Request and the documents annexed to it to the other party or parties within thirty (30) days of receipt.

Article 5 - Answer to the Request

1. Within thirty (30) days of the receipt of the Request, the other party or parties shall submit an Answer to the Director General.

2. The Answer shall include:

a) full names, nationalities, description and addresses of the parties;

b)insofar as not sufficiently detailed in the Request or arbitration agreement:

-comments on the nature and circumstances of the dispute;

-comments on the relief sought and amounts claimed;

-any comment as to the seat of arbitration, the applicable law,

the language(s) of the arbitration and the number of arbitrators;

-where applicable, the name and address of an arbitrator the answering party has selected..

3. A copy of the Answer and of any documents annexed thereto shall be communicated by the Director General to the party or parties initiating the arbitration within thirty (30) days.

Article 6 - Written statements and documents

All written statements and pleadings, as well as all documents submitted by the parties during the course of the proceedings, shall be supplied in a number of copies sufficient to provide one copy for each other party, plus one for each arbitrator and one for the Director General.

CONSTITUTION OF THE ARBITRAL TRIBUNAL (“TRIBUNAL”)

Article 7 - Number of arbitrators

1. Any dispute may be settled by a sole arbitrator or by three arbitrators. In these Rules, the terms “arbitrator” and “arbitral tribunal” denote a single arbitrator or three arbitrators, as the case may be.

2. Failing agreement by the parties on the number of arbitrators, the Director General may appoint one or three arbitrators, as he considers appropriate in view of the nature and circumstances of the case.

Article 8 - Appointment of a sole arbitrator

Where the dispute is to be referred to a sole arbitrator, the parties must agree on such person, failing which within thirty (30) days from the date when the Request for arbitration has been received, the parties will be invited to select a three-person tribunal.

Article 9 - Appointment of three arbitrators

1. Where the dispute is to be referred to three arbitrators, each party shall appoint one arbitrator. The third, who will act as Chairman of the tribunal, shall be appointed by the Director General, unless the co-arbitrators agree on such person within thirty (30) days of the appointment of the second co-arbitrator.

2. The requesting party shall appoint an arbitrator in the Request for arbitration, or where the parties agree to refer the dispute to three arbitrators subsequent to the Request, within thirty (30) days of such agreement, failing which the arbitrator shall be appointed by the Director General.

3. The answering party shall appoint an arbitrator in the Answer, or within thirty (30) days of the notification of the appointment of the arbitrator appointed by the requesting party. Failing this, the arbitrator shall be appointed by the Director General.

4. Where there are multiple Claimants or Respondents, they shall respectively be considered as a single party for the purpose of the provisions of Articles 2 through 9, provided, however, that the Director General shall appoint all three arbitrators in the event that either the Claimants or the Respondents are unable to agree on the appointment of an arbitrator.

Article 10 - Jurisdiction

The tribunal shall have the power to rule on objections that it has no jurisdiction, including any objection with respect to the existence or validity of the Arbitration Agreement.

CHALLENGE AND REPLACEMENT OF ARBITRATORS

Article 11 - Challenge of arbitrators

1. An arbitrator may be challenged, subsequent to appointment, whether for a lack of independence or otherwise, by submission to the Director General of a written statement specifying the relevant facts and circumstances.

2. A challenge must be submitted to the Director General within fifteen (15) days from receipt of the notification of appointment of the arbitrator, or within fifteen (15) days from the date when the challenging party was informed of the facts and circumstances on which the challenge is based, if such a date is subsequent to receipt of the aforementioned notification.

3. The Director General shall decide on the admissibility, and if need be on the merits, of a challenge, after it has accorded the arbitrator concerned, the parties and any other member of the tribunal, an opportunity to comment on the challenge in writing. The Director General’s decision shall be final.

Article 12 - Replacement of arbitrators

1. An arbitrator shall be replaced in the event of death or disability, the acceptance by the Director General of the arbitrator's resignation, the agreement of all parties that the said arbitrator be replaced, or the acceptance of a challenge under Article 11.

2. An arbitrator shall also be replaced when the Director General decides that such person is prevented de jure or de facto from acting as arbitrator, or is not fulfilling such functions in accordance with these Rules. In any such case, the Director General shall give the arbitrator concerned, the parties and other members of the tribunal, an opportunity to comment before making his decision final.

3. The Director General shall appoint any replacement arbitrator. Once reconstituted, and after having invited the parties to comment, the tribunal shall determine if and to what extent the tribunal’s proceeding shall be recommenced.

In discharging his functions under this Article, the Director General may seek the assistance of any expert(s), as he deems fit. The Director General's decision shall be final.

ARBITRAL PROCEEDINGS

Article 13 - Seat of arbitration

1. The tribunal shall agree upon the seat of arbitration.

2. The tribunal may deliberate wherever it considers appropriate and, after consultation with the parties, it may conduct hearings at any place that it considers appropriate.

Article 14 - Language of the proceedings

Failing agreement of the parties, the tribunal shall determine the language of the arbitration, due regard being paid to all relevant circumstances.

Article 15 - Rules governing the proceedings

1. Aside from these Rules, the parties, or the tribunal, may apply additional rules not inconsistent with them, and in any case, the arbitration shall be conducted in such manner as the tribunal considers appropriate.

Article 16 - Provisional measures

1. The tribunal may, at the request of a party, order any interim, conservatory or provisional measure which it deems appropriate in the circumstances and may require security for the costs of such measure from the requesting party. In particular, the tribunal may order one or more provisional payments in respect of urgent financial needs of a party. The measures ordered pursuant to this paragraph may, if appropriate, take the form of an interim award.

2. An application by a party to any competent judicial authority for interim or conservatory measures shall not be held to infringe the agreement to arbitrate or to affect the relevant powers reserved to the tribunal. The party having made such application shall notify the same and any such measure taken by the judicial authority, without delay, to the Director General. The Director General shall inform the tribunal and the parties thereof as soon as practicable.

Article 17 - Hearings

1. The tribunal shall proceed within as short a time as possible to establish the relevant facts of the case. The tribunal may fix time-limits.

2. After study of the written submissions and of all documents relied upon, the tribunal shall hear the parties if one of the parties so requests, or failing such request, on the tribunal's own initiative. In addition, the tribunal may decide to hear any other person in the presence or absence of the parties.

3. At the request of one of the parties, or if necessary, on the tribunal's own initiative, the tribunal, giving reasonable notice, shall summon the parties to appear at a hearing.

4. If one of the parties, although duly summoned, fails to appear, the tribunal, if satisfied that the summons was duly received and the party is absent without valid excuse, shall proceed with the arbitration. Such proceedings shall then be deemed to have been conducted in the presence of all parties.

5. Persons not involved in the proceedings shall not be admitted without the approval of the tribunal and of the parties.

6. The parties may appear in person or through duly appointed representatives and may be assisted by advisers.

7. The tribunal may appoint one or more experts, define their terms of reference, receive their reports and/or hear them in person in the presence or absence of the parties.

Article 18 - Applicable Law

The tribunal shall determine the law to be applied to the merits, unless this has been agreed between the parties.

THE AWARD

Article 19 - Time-limit for the award

The tribunal must render an award within six (6) months from the date the Director General notifies the tribunal that the advance on costs has been paid in full. The Director General may, if necessary, extend this time-limit for up to three (3) months.

Article 20 - Interim awards

The tribunal may make interim, interlocutory, or partial awards.

Article 21 - Award by three arbitrators

When the tribunal consists of three arbitrators, the award shall be given by a majority decision. If there is no majority, the award shall be made by the Chairman within the range of amounts proposed by the other two arbitrators.

Article 22 - Award by consent

If the parties reach a settlement, the same may be recorded in the form of an award made by consent of the parties.

Article 23 - Making of an award

1. The award shall be deemed to be made on the date stated therein and at the seat of the arbitration.

2. An award, other than an award by consent, shall state the reasons upon which the decision is based.

Article 24 - Notification of the award

The Chairman, upon being satisfied that the costs of the arbitration have been fully paid, shall notify the parties and the Director General of the award. Except for notification to the Director General and to the parties, awards shall be kept confidential.

Article 25 - Finality and enforceability of award

By submitting the dispute to arbitration pursuant to these Rules, the parties shall be deemed to have undertaken to comply with an award within thirty (30) days, subject to Article 26, and to have specifically waived their right to any form of judicial recourse against the same insofar as such waiver can validly be made.

Article 26 - Correction and interpretation of awards, additional awards

1. Within thirty (30) days of the receipt of an award, any party, giving notice to the other party, may make an application to the Director General for:

a) the correction by the tribunal of any error in computation, or any clerical or typographical error contained in the award;

b) the interpretation by the tribunal of a specific point or part of the award;

c) the issuance by the tribunal of an additional award as to claims presented in the arbitral proceedings but omitted from the award.

2. The Director General shall transmit a copy of the said application to the tribunal within fifteen (15) days. The tribunal shall, if such application is considered admissible and justified, make any appropriate correction, interpretation or any additional award.

3. The correction mentioned in paragraph 1 sub a) may also be made on the tribunal’s own initiative and shall be notified immediately to the parties and to the Director General by the tribunal.

4. Such correction or interpretation shall be deemed to form part of the award.

COSTS

Article 27 - Costs of Arbitration

The costs of arbitration shall comprise the IATA Administrative fee and the tribunal’s fees and expenses (including the expenses of any expert appointed by the tribunal). These are described in the Schedule of costs at Appendix 2. Once the tribunal has calculated these fees and expenses, it shall submit a breakdown to IATA for transmission to the parties and for processing the arbitration.

Article 28 - Payment accompanying a Request for arbitration

Each Request for arbitration under these Rules must be accompanied by the IATA Administrative fee provided in the Schedule of costs in force on the date of commencement of the proceedings. This payment is not refundable.

Article 29 - Advance on costs

1. The Director General shall fix the amount of the advance on costs in a sum likely to cover the costs of the arbitration. Such costs shall include the tribunal’s fees and expenses, as described in Appendix 2.

2. Unless otherwise agreed by the parties and subject to the final determination of the tribunal, the advance on costs shall be payable in equal shares by each party.

3. The Director General may make the transmission of the file or documents to the tribunal conditional upon the payment by the parties or one of them of the whole or part of the advance on costs.

4. The tribunal shall only proceed in respect of those claims for which the Director General has confirmed that the advance on costs has been paid.

5. If the advance on costs is not paid within a reasonable time-limit to be specified by the Director General, he shall so inform the parties, in order that any party may make the required payment. If such payment is not made, the Director General may consider the case as withdrawn. This will not prevent the party or parties concerned from filing a new Request at a later date.

6. If the tribunal appoints an expert, it shall fix an advance on costs sufficient to cover the expected fees and expenses of the expert, and shall ensure that the parties, or one of them, pay the advance before commencement of the expertise.

Article 30 - Final costs

1. Within thirty (30) days of the award, the Director General shall determine the final costs of the arbitration, which shall include the tribunal’s fees and expenses, the administrative expenses, and the fees and expenses of any expert appointed by the tribunal.

2. The tribunal shall decide and shall indicate in the award which of the parties shall bear the costs of the arbitration or in what proportions the costs shall be borne by the parties.

3. Each party shall bear its own legal costs.

Appendix 1 - Standard Arbitration Agreement

Appendix 2 - Schedule of Costs

Appendix 1

INTERNATIONAL AIR TRANSPORT ASSOCIATION

STANDARD ARBITRATION AGREEMENT

(Note: This Agreement is to be sent, together with the Request for arbitration, to: The Director General, International Air Transport Association, Route de l’Aéroport 33, P.O. Box 416, CH-1215 Geneva 15 Airport, Switzerland)

I. ESSENTIAL ELEMENTS

1. CLAIMANT(S):

a. Full name...........................................................................

Nationality.........................................................................

Address............................................................................. ...................................................Country..........................