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Estdomains termination stayed: I knew this would happen :(

October 29th 2008 in Uncategorized

Details here:

On 28 October 2008, ICANN sent a notice of termination to EstDomains http://www.icann.org/correspondence/burnette-to-tsastsin-28oct08-en.pdf [PDF, 76K]. Based on an Estonian Court record, ICANN has reason to believe that the president of EstDomains, Vladimir Tsastsin, was convicted of credit card fraud, money laundering and document forgery on 6 February 2008.

Pursuant to Section 5.3 of the Registrar Accreditation Agreement (RAA), ICANN may terminate the RAA before its expiration when, “Any officer or director of [a] Registrar is convicted or a felony or of a misdemeanor related to financial activities, or is adjudged by a court to have committed fraud or breach of fiduciary duty, or is the subject of judicial determination that ICANN deems as the substantive equivalent of any of these; provided such officer or director is not removed in such circumstances.”

ICANN received a response from EstDomains regarding the notice of termination. http://www.icann.org/correspondence/poltev-to-burnette-29oct08-en.pdf [PDF, 853K] To assess the merits of the claims made in EstDomains’ response, ICANN has stayed the termination process as ICANN analyzes these claims.

ICANN’s records indicate that EstDomains has approximately 281,000 domain names under its management. ICANN will take all reasonable measures to protect the interests of registrants during the stay period and the subsequent termination process that may follow.  For information regarding ICANN’s De-Accredited Registrar Transition Procedure, please go to: http://www.icann.org/processes/registrars/de-accredited-registrar-transition-procedure-01oct08.pdf [PDF, 119K].

What does Poltev’s response say?

The decision to change the director of EstDomains, Inc was made in January 2008, before the Estonian Circuit Court brought a verdict for Vladimir Tsastsin on 6 February 2008.  However, due to some juridical aspects the change of EstDomains, Inc Director has been adjourned ad interim [meaning “in or for the meantime” or “temporarily”].  On June 16, 2008 Vladimir Tsastsin appealed to a Supreme Court of Estonia against the previous court decision as he considers that the decision of the Circuit Court brought in not in favor of him on the February 6, 2008 is unjust as the indictment against him was criminated unfoundedly.  In accordance with Estonian legislation the appeal to a Supreme Court cancels the previous verdict brought in against the convict until the appeal is satisfied or dismissed by a Supreme Court.  Please find attached the copy of the original appeal statement.  Please let us know if the translation from Estonian to English of this document is required, we will need some time to get it translated.

On June 25, 2008 Vladimir Tsastsin signed the Resignation of Director of EstDomains, Inc a Delaware Corporation and left his position of the President of the corporation.  The notification about the change of the EstDomains, Inc Director has not been sent to ICANN as we have not found this point to be obligatory for the registrar company in the Registrar Accreditation Agreement.  It is possible that we have missed something, please accept our sincere apologies for it, however, we would like to ask you to provide us with the precise direction to this particular paragraph.  We would also like to apply for the paragraph 5.4 of Agreement and ask you whether it is possible to renew the Registrar Accredited Agreement between ICANN and EstDomains, Inc and include all the appropriate information in there.  We hope for your understanding, as the present situation is critical and we do not wish to lose the greatly appreciated partnership with ICANN.

Best regards,

Konstontin Poltev
EstDomains, Inc CEO”

As I said earlier, “I suspect that the door has been left the tiniest bit ajar – what if EstDomains proves that Tsastin has/had been removed as President?  Would the decision be reversed?

Comments are closed.

Announcement here:http://www.icann.org/en/announcements/announcement-2-28oct08-en.htm “As the result of the de-accreditation of EstDomains, Inc. (IANA ID 832), ICANN is seeking Statements of Interest from ICANN-accredited registrars that are interested in assuming sponsorship of the gTLD names that had been managed by EstDomains. EstDomains managed approximately 280,000 gTLD registrations, including registrations in the biz, com, info, mobi, […]

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