Registry Agreements

Understanding ICANN Registry Operator Agreements for New gTLDs

Overview of Registry Agreements

The Registry Agreement (RA) is the foundational contract between ICANN and each new gTLD registry operator. This legally binding document defines the rights, obligations, and operational requirements for running a top-level domain. Understanding every aspect of the Registry Agreement is crucial for successful TLD operation and maintaining compliance with ICANN policies.

Base Agreement Structure

The base Registry Agreement consists of the main body and multiple specifications that detail technical, operational, and policy requirements. Each section is carefully structured to ensure clear understanding of obligations and expectations.

  • Article 1: Delegation and Operation
  • Article 2: Covenants of Registry Operator
  • Article 3: Covenants of ICANN
  • Article 4: Term and Termination
  • Article 5: Dispute Resolution
  • Article 6: Fees
  • Article 7: Miscellaneous

Term and Renewal

Registry Agreements have an initial term of 10 years from the delegation date, with automatic renewal for successive 10-year periods unless specific termination conditions are met. The presumptive renewal process provides stability for registry operations.

  • Initial term: 10 years
  • Automatic renewal periods: 10 years each
  • Renewal notice: 180 days before expiration
  • Non-renewal grounds: Material breach or legal issues
  • Transition procedures for termination

Key Specifications in the Registry Agreement

Specification 1: Consensus Policies

Defines ICANN consensus policies that registry operators must implement, including UDRP, transfer policies, and future policies developed through the ICANN multistakeholder process.

Specification 2: Data Escrow Requirements

Mandates daily deposits of registration data to an approved escrow agent, ensuring data preservation and registry continuity in case of failure or transition.

Specification 3: Registry Operator Monthly Reporting

Details monthly transaction reports required by ICANN, including registrations, renewals, transfers, and deletions, submitted by the 20th of each month.

Specification 4: Registration Data Publication Services

Requirements for WHOIS/RDAP services, including data elements, access protocols, and compliance with data protection regulations like GDPR.

Specification 5: Schedule of Reserved Names

Lists domain names that must be reserved at the second level, including country names, ICANN-related strings, and special use reservations.

Specification 6: Registry Interoperability and Continuity

Technical requirements for registry operations, including EPP compliance, IPv6 support, DNSSEC implementation, and IDN guidelines. Defines Service Level Agreements (SLAs) for DNS, EPP, and RDAP services.

Specification 7: Minimum Rights Protection Mechanisms

Mandatory rights protection mechanisms including Sunrise period, Trademark Claims service, and ongoing integration with the Trademark Clearinghouse.

Specification 8: Continued Operations Instrument

Financial requirements to ensure registry continuity, typically requiring a Letter of Credit or cash escrow covering 3 years of EBERO operations.

Specification 9: Registry Operator Code of Conduct

Behavioral standards for registry operators, ensuring non-discriminatory treatment of registrars and fair competition in the domain name marketplace.

Specification 10: Registry Performance Specifications

Detailed SLA requirements including DNS availability (100% for name servers), EPP service availability (98%), and response time requirements for various services.

Specification 11: Public Interest Commitments

Voluntary or mandatory commitments made during the application process, incorporated as binding obligations in the Registry Agreement.

Specification 12: Community Registration Policies

For community-based TLDs, defines eligibility requirements, name selection criteria, and enforcement mechanisms for community restrictions.

Specification 13: .BRAND TLD Provisions

Special provisions for .BRAND TLDs, including exemptions from certain requirements and specific operational flexibility for brand owners.

Registry Agreement Amendments

ICANN periodically updates Registry Agreements through global amendments to address evolving technical standards, policy requirements, and operational improvements. Understanding the amendment process is crucial for maintaining compliance.

Amendment Date Key Changes
Global Amendment 2017 July 2017 Updated registry agreement base, new public interest commitment dispute procedures
GDPR Amendment May 2018 Temporary specification for registration data compliance with GDPR
Global Amendment 2019 October 2019 URS incorporation, registry operator data retention requirements
Registration Data Policy 2023 Implementation of Registration Data Consensus Policy replacing Temporary Specification

Compliance and Obligations

Registry operators must maintain continuous compliance with all aspects of the Registry Agreement. ICANN conducts regular audits and monitoring to ensure adherence to contractual obligations.

Technical Compliance

Meeting SLA requirements, maintaining technical standards, implementing security measures

Financial Obligations

Timely payment of ICANN fees, maintaining COI, financial reporting requirements

Policy Implementation

Consensus policies, rights protection mechanisms, reserved names enforcement

Reporting Requirements

Monthly reports, data escrow deposits, compliance certificates, audit responses

Operational Standards

Customer service, abuse handling, registrar relations, zone file access

Legal Compliance

Regulatory compliance, data protection laws, intellectual property obligations

Registry Services Evaluation Process (RSEP)

Any new registry service not included in the original Registry Agreement must go through RSEP. This process evaluates whether proposed services raise significant competition, security, or stability issues. The evaluation typically takes 45-180 days depending on complexity and whether external review is required. Common RSEP requests include new registry services, IDN implementations, and technical modifications to registry operations.

Fee Structure and Financial Obligations

Registry operators are subject to various fees payable to ICANN, structured to support ICANN operations and the global DNS infrastructure.

Fixed Registry Fees

Annual fixed fee of $25,000 USD paid quarterly to ICANN for registry operations support.

  • Quarterly payments: $6,250
  • Due dates: January 20, April 20, July 20, October 20
  • Late payment interest: 1.5% per month
  • Subject to annual adjustments based on CPI

Transaction-Based Fees

Variable fees based on registration volume, currently $0.25 per domain-year for transactions exceeding 50,000.

  • Threshold: 50,000 transactions per quarter
  • Rate: $0.25 per transaction above threshold
  • Applicable to initial registrations and renewals
  • Transfers between registrars exempt

Critical Compliance Requirements

Failure to maintain compliance with Registry Agreement obligations can result in serious consequences including breach notices, financial penalties, and potential termination of the Registry Agreement. Key areas of focus include:

  • Maintaining service level agreements (SLAs) for DNS and EPP services
  • Timely submission of monthly reports and data escrow deposits
  • Implementation of consensus policies within required timeframes
  • Payment of all fees within specified deadlines
  • Compliance with Code of Conduct and non-discrimination requirements

Transition and Emergency Procedures

The Registry Agreement includes comprehensive provisions for registry transitions and emergency situations to ensure continuity of service for registrants.

Registry Transition Process

Procedures for orderly transition of registry operations to a successor operator, including data migration, registrar notifications, and maintaining service continuity.

  • Transition plan development and approval
  • Data transfer to successor operator
  • Registrar migration procedures
  • Registrant protection measures
  • Post-transition cooperation period

EBERO (Emergency Back-End Registry Operator)

Emergency failover system to maintain critical registry functions if the registry operator fails or cannot continue operations, protecting registrants and preserving DNS stability.

  • Automatic trigger conditions
  • Five critical registry functions maintained
  • Maximum 3-year emergency operation period
  • Funded through Continued Operations Instrument
  • Transition to permanent operator

Registry Agreement Resources

Access official Registry Agreement templates, specifications, and amendment documents.

Frequently Asked Questions

Can Registry Agreement terms be negotiated?

The base Registry Agreement is generally non-negotiable as it's a standard contract applied uniformly across all new gTLD operators. However, registry operators can propose new registry services through RSEP and may have specific Public Interest Commitments (PICs) or community provisions that become part of their agreement.

What happens if I need to change my backend provider?

Changing backend providers requires notifying ICANN through a Material Subcontracting Arrangement (MSA) update. The new provider must meet all technical requirements, and the transition must not cause service interruptions. ICANN typically requires 60 days notice for backend changes.

How are Registry Agreement breaches handled?

ICANN follows a graduated enforcement process starting with breach notices providing cure periods (typically 30 days for most breaches, 5 days for critical issues). Continued non-compliance can lead to financial penalties, restrictions on operations, or ultimately termination of the agreement.

Can a Registry Agreement be assigned to another party?

Registry Agreements can be assigned with ICANN's prior written consent. The assignee must meet all eligibility requirements, demonstrate technical and financial capability, and assume all obligations under the agreement. The assignment process typically takes 3-6 months.

What are the insurance requirements for registry operators?

While the base Registry Agreement doesn't mandate specific insurance, registry operators typically maintain commercial general liability, errors and omissions, and cyber liability insurance. Many also carry directors and officers insurance. Coverage amounts vary based on TLD size and risk profile.

Next Steps for Registry Agreement Management

Successfully managing your Registry Agreement requires ongoing attention to compliance, regular review of amendments and policy changes, and proactive engagement with ICANN. Consider establishing a compliance calendar, maintaining regular communication with ICANN's Global Domains and Strategy team, and participating in registry stakeholder groups to stay informed of upcoming changes and best practices.

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