20(e) Provide a description of the applicant's intended registration policies in support of the community-based purpose of the applied-for gTLD
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20.5 Registration Policy of CONAC
In Section 2.18 of the new gTLD Registry Agreement (draft), a Registry Operator for community-based TLD is required to establish registration policies in conformity with the application submitted with respect to the TLD. CONAC had developed “Implementing Rules for ‘政务’Domain Name Registration” (which had been taken effect since Feb.1, 2009) and “Dispute Resolution Policy for ‘政务’ Domain Name” for the use of “.政务.cn” domain names (CONAC will post the draft version on its official website at http:⁄⁄www.conac.cn before the TLD delegation) In anticipation of the application for “.政务” TLD, CONAC have updated and modified these documents to comply with the requirements found in the gTLD Applicant Guide Book published in January, 2012 and supplementary notes posted on ICANN’s website. Key points are as follows.
“.政务”domain names are only available to Chinese government organizations, including central and local committees at all levels and basic organizations of the Communist Party of China; the National People’s Congress, all local Peopleʹs Congresses and their Standing Committees at or above the county level; the central government, local governments at all levels, and their departments and agencies at or above the county level; the Supreme Peopleʹs Court, local people’s courts and special people’s courts; the Supreme People’s Procuratorates, local people’s procuatorates and special people’s procuratorates; the National Committee of the Chinese Peopleʹs Political Consultative Conference and local committees at all levels; central and local committees of democratic parties; and also other organizations that carry out administrative functions.
When applying for a domain name under “.政务” TLD, the applicant shall submit proof of official certification (such as Organization Code Certificate, Certificate of legal person, etc.) issued by relevant authorities and fill in “application form for ‘.政务’ domain name”. CONAC requires all registrars to strictly review the authenticity, effectiveness, accuracy and integrity of the information and certificate submitted by applicants. CONAC will also impose an additional level of review after the registrar examination.
20.5.2 Name Selection
1. All applied-for domain names shall contain at least one Chinese character, but digital numbers (0~9) and hyphen (-) are also allowed to use combined with Chinese characters. Each level is separated by “.” or Chinese full stop “。”.
2. The applied-for domain name can be the full name, the official abbreviation, the habitual abbreviation or other names of an organization, when using the full name or the official abbreviation of an organization, the domain name shall be consistent to the name approved by relevant authorities; when using the habitual abbreviation of an organization, the domain name shall be consistent to the name that is widely used. In principle, such“.政务” domain names shall contain names of relevant administrative divisions (such as province, city, county and township, etc.)
When using other names, the domain name shall be consistent to the functions and business scope of the organization that are approved by its governing authority.
3. If the applied-for domain name contains an administrative division name that is visually or aurally same to other division names，the domain name shall be preceded by a province name.
4. Proposed domain names that engage in those contents and⁄or activities will be denied for registration (see section 22.214.171.124 of the response to Question 18 for details).
20.5.3 Restriction on Registration⁄ Use
CONAC requires registrars strictly follow relevant restriction rules of registration⁄use of “.政务” domain names, the restrictions include but are not limited to the following:
126.96.36.199 Restriction Rules of Registration
1. When applying for a domain name that contains a restricted or reserved name, or a trademark, the applicant shall guarantee that the domain name does not infringe on the legal rights of any third party.
2. When applying for a domain name containing the following characters of “中国”(China), “中华”(China), “国家”(Nation),“全国”(Nationwide) or “中央” (Central), the applicant shall submit necessary approval documents. When applying for a domain name that contains full name, official⁄habitual abbreviation of administrative divisions at any level, the applicant shall submit the approval document of relevant authority.
3. The following names will be restricted and protected, and only the appropriate government agencies can register the names.
1) Chinese geographic names of provinces, cities and counties of China;
2) Other geographic names reserved in accordance with CONAC registration policies that are developed with inputs form the community.
3) Other important names related to the state interests and public interests of China.
188.8.131.52. Restrictions on Use of Domain Names
The domain name holder is not allowed to use the “.政务” domain name beyond a scope that matches its role and objectives; the domain name holder is not allowed to use the “.政务” domain name for commercial purposes or in violation of registration policies.
184.108.40.206 Reservation and Protection of Names
The following names will be reserved and not be used
1) All names formed with the labels listed in the Specification 5 of the Registry Agreement.
2) Abbreviations of country⁄region names listed in ISO 3166-1 (Chinese and English) as update from time to time;
3) Other names that are requested for reservation by International treaties or relevant organizations.
20.5.4 Enforcement, Appeal Mechanism to Registrants and Resource Allocation
1)All“.政务” domain name holders shall carry out functions and activities by using domain names that meet name selection criteria.
2)No “.政务” domain name shall be transferred without the permission of CONAC.
3) CONAC develops strict “.政务” domain name registration policies, and supervisory mechanisms for use of domain names. CONAC sets up and perfects technical systems for the security of networks and information, taking measures to ensure the secure operation of registrants’ domain names with the global Internet community.
4) With the service quality supervision and complaint system, CONAC collects complaints from telephone calls, emails, and makes prompt replies and guarantees service quality.
5) Any of the following behaviors may result in a warning, requiring corrections within a time limit, or even suspension or deletion of the domain name by CONAC:
(1) Register names with fake information;
(2) Lease, lend or unauthorized transfer of domain name;
(3) Fail to comply with regulations in regard to annual review, change or deletion of domain names;
(4) Other delinquent registration and use of domain names.
6) Any of the following behaviors shall be investigated for legal liabilities:
(1) Steal or infringe on“.政务” domain name to seek for illegal gains;
(2) Steal or infringe on“.政务” domain name to spread false information and disturb the social order;
(3) Steal or infringe on“.政务” domain name to undertake fraud.
(4) Malicious destruction of a “.政务” domain name, thus lead to resolution failures or fault resolutions.
7) Any CONAC staff that abuses his power, neglects his duty, engages in malpractice for personal gain shall be investigated for legal liabilities.
2. Appeal Mechanism to Registrants
1) If disputes arise from the processes like registration, use, change of domain names, CONAC will abide by policies related to right protection mechanism, such as the Uniform Domain Name Dispute Resolution Policy (UDRP), the Uniform Rapid Suspension system (URS), the Trademark Post-Delegation Dispute Resolution Procedure (PDDRP) and the Registration Restriction Dispute Resolution Procedure (RRDRP), and will implement the final decision made by relevant dispute resolution service providers.
During a dispute resolution process, all registered information and DNS services to the domain name remain unchanged; when the dispute is resolved, CONAC will execute the decision accordingly.
2) CONAC’s Community Based Dispute Resolution Procedures
In accordance with Section 2.18 of the Registry Agreement, CONAC has developed the resolution procedures for disputes concerning compliance with TLD registration policies, and regulated the procedures in the Dispute Resolution Policies for “.政务” Domain Names, (the draft will be available at http:⁄⁄www.conac.cn before the TLD delegation). The policy regulates the following:
For disputes concerning compliance with TLD registration policies, the parties concerned may seek settlement through negotiation, or submit the case to the Domain Name Dispute Resolution Organization accredited by CONAC. This organization may institute legal proceedings with a competent people’s court in China, or submit the dispute for arbitration to an arbitral organization in China.
If a party refuses to accept the decision of the Domain Name Dispute Resolution Organization accredited by CONAC, he shall have the right to institute legal proceedings with a competent people’s court in China, or submit the dispute for arbitration to an arbitral organ in China within 15 days since the receiving date of the decision. CONAC will implement the decision rendered by the court or arbitral organization.
3. Resourcing Plan
2 registration managers (registration manager role B: 2 staff), responsible for investigating the usage of domain names.
All the aforementioned staff are currently in place. Detailed skillset requirements on the staff can be found in section 31.3.3 in the response to Question 31.
Costs of resources allocation are detailed in costs and capital expenditure of Question 47a and 47b.
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