[Community-Discuss] FUNDRAISING & DONATIONS - TO KEEP AFRINIC RUNNING - - moving to St Kitts & Nevis ??

[Paul Hjul]

>

> In fact, if this entire sad episode has taught us anything, it is that all

> five of the Regional Internet Registries should at all times hold bank

> balances ONLY in Nevis & St. Kitts, where those bank balances would be

> essentially immune from any and all legal encumbrances.



No idea why you are assuming St Kitts would as a jurisdiction be able to be
used by RIRs to harbour an effective bank account to shield themselves from
being accountable in the courts where the RIR is incorporated.

Sure, Nevis has some oddities for recognition of foreign judgments but this
isn't particularly unique to the jurisdiction and sure there is a 100k USD
bond which a plaintiff will need to file but neither would step in to
prevent something on these facts. Private persons and wealthy families may
look to shelter assets in a Nevis trust but that's hardly the same thing as
a multinational organization which is contractually obliged and member
based. For one thing if an organization's only assets are entirely out of
the reach of any creditor then no supplier can interact in good faith. What
is the point in having assets tucked away on one island when you have to
pay your staff on another island.

If anything St Kitts & Nevis has an even stronger mareva injunction than
Mauritius if the suit is being brought wholly in their courts (well the
East Caribbean Supreme Court and as with Mauritius ultimately the JCPC) so
on the facts in issue - Afrinic's board acting in bad faith to cause harm
to the rights of a member - exactly the same outcome of a frozen bank
account would happen. Except that that people would be showing contempt to
the Caribbean Courts rather than the Mauritius ones.

The simpler solution is that the RIRs need to behave in a responsible,
rational, accountable and lawful manner. It really isn't hard.

Rather than trying to figure out how to game the system the best advise any
honest person should be giving is from the great sergeant of law a and pet
detective Jim Carey "Stop breaking the law, a$$****"

Paul
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