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Implementing regulations governing application of the use of state signs law for use of “.ad” as part of a domain name

TABLE OF CONTENTS


Chapter I General provisions
Rule 1: Definitions
Rule 2: Specific uses of ".ad", the subject of these regulations

Chapter II
Application for authorisation to use ".ad" in a domain name

Rule 3: Filing an application for authorisation to use ".ad"
Rule 4: Content of application for authorisation
Rule 5: Requirements for applicants
Rule 6: Requirements for applicants whose domain name is an electronic mail server

Chapter III
Examination of applications for authorisation to use ".ad" in a domain
name

Rule 7: Examination of application for authorisation
Rule 8: Coexistence of identical domain names
Rule 9: Limits on the number of authorisations granted per person
Rule 10: Issue of authorisations

Chapter IV
Updating, expiry, renewal and repeal of authorisation to use ".ad" in a
domain name

Rule 11: Compulsory notification of changes of name or address
Rule 12: Requirements to be met during the period authorisation of use is in effect
Rule 13: Expiry of authorisation
Rule 14: Renewal of authorisation
Rule 15: Revocation of authorization

Chapter V
Obligations of the agency responsible for assigning domain names
under the top-level domain name ".ad"

Rule 16:
Obligations of the agency responsible for assigning domain names under the
top-level domain name ".ad"

Transitional provisions
Final provision

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Implementing regulations governing application of the use of state signs law for use of “.ad” as
part of a domain name

CHAPTER I

GENERAL PROVISIONS

Rule 1. Definitions

1. A domain name is in alphanumerical address code resulting from a contract for
services entered into by an agency responsible for assigning domain names and an
applicant for a domain name, which may be used to access an electronic address
and/or an electronic mail server. A domain name consists of a top level domain
name, a second level domain name and, when appropriate, sub-domains and/or
domain names of lower than second level, separated by a dot.
2. "ad" is the abbreviated form of the name "Principat d'Andorra" as established in Rule
3166 of the International Standardisation Organisation (ISO-3166). The abbreviated
form ".ad" is a top level domain name which corresponds to the country code for the
Principat d'Andorra.
3. A domain name beneath the top level domain name ".ad" is an alphanumerical
address code resulting from a contract for services entered into by an agency
responsible for assigning and maintaining domain names under the top level domain
name ".ad" and an applicant for a domain name.
4. An electronic mail code is an alphanumerical address code used to of access an
electronic mail box. An electronic mail code consists of an account name, the sign
@ and a domain name.
Rule 2. Specific uses of ".ad", the subject of these regulations

1. These Regulations develop the use of State Signs Law for use of the abbreviated
form of the name "Principat d'Andorra", ".ad" as the top level domain name in a
domain name.
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Implementing regulations governing application of the use of state signs law for use of “.ad” as
part of a domain name

2. Any other use of "ad" as an abbreviated form of the name "Principat d'Andorra" is
subject to the Implementing Regulations Governing Application of the Use of State
Signs Act.
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Implementing regulations governing application of the use of state signs law for use of “.ad” as
part of a domain name

CHAPTER II

APPLICATION FOR AUTHORISATION TO USE ".AD" IN A DOMAIN NAME

Rule 3. Filing an application for authorisation to use ".ad"

1. Application for authorisation to use ".ad" as the top level domain name in a domain
name must be filed with the ministry in charge of authorisations for use of State
signs (the appropriate ministry) by the person wishing to be assigned this domain
name and using the form specified by the ministry for this purpose.
2. Application for authorisation to use ".ad" as the top level domain name in a domain
name is subject to prior payment of the fee set by the Government.
Rule 4. Content of application for authorisation

All applications referred to in Rule 3.1. shall contain the following information:

a) A proposed complete domain name for which authorisation to use ".ad" is being
sought. This proposal shall meet the following requirements:

i)
the second level domain name or, if applicable, any levels lower than the second
level, may only be formed by the letters "a", "b", "c", "d", "e", "f", "g", "h", "i", "j",
"k", "l", "m", "n","o", "p", "q", "r", "s", "t", "u", "v", "w", "x", "y" and "z", with no
distinction between upper and lower case letters and with no accent signs, and/or
by Arabic numerals. A hyphen ("-") may be used, but it shall not be either the first
or last character of a domain name.

ii)
second-level domain names, or domain names of any level lower than secondlevel
shall consist of a minimum of 3 characters and a maximum of 64.

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Implementing regulations governing application of the use of state signs law for use of “.ad” as
part of a domain name

iii) second-level domain names shall not consist exclusively of words inherent to the
Internet environment, such as: "internet", "web", "portal", "online", "wap", "clic",
"com", "edu", "arpa", "gov", "org", "mil", "int", "net", "telnet", "bbs", "tcp", "dns",
"wais", "email", "www", "ftp", "smtp", "http", "mbone", "ietf", "rfc", "info", "nom",
"firm", "arts", "store", "shop", "home" or "news.

b) If the applicant is a physical person, his/her name and last name or name(s), and if
the applicant is a legal entity, the complete name of the organisation and the name
and last name(s) and title of its legal representative.

c) The applicant's home and post addresses and, if applicable", his/her
electronic mail address.

d) A statement that the domain name will be used as a domain name in an electronic
address and/or as a domain name for an electronic mail server, and that the domain
name for which application is being filed shall be used under the top level domain
name ".ad", in one of the following forms:

i)
as a trademark for Internet services, i.e. as a sign to distinguish between the
services of one undertaking and those of any other undertaking.

ii)
in relation to a trademark, i.e. in order to engage in such Internet activities as
providing information, advertising, or making transactions related to the goods or
services for which the trademark is registered.

iii) to identify a commercial activity to be carried out over the Internet

iv) for private company or individual use on the Internet.

v)
for private use of nonprofit organisations on Internet.

e) If the applicant states that use will be in accordance with subparagraph d) i) or ii) of
this rule, the pertinent trademark registration number.

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Implementing regulations governing application of the use of state signs law for use of “.ad” as
part of a domain name

f) If the applicant states that use will be in accordance with subparagraph d)iii), the
registration number of the business name.

g) The applicant's signature.

Rule 5. Requirements for applicants

Applicants for authorisation as described in Rule 3, must meet the following
requirements:

a) If, in accordance with Rule 4.d)i), the applicant states that that domain name will be
used as a trademark for Internet services, the applicant must be the owner or
exclusive licensee of a trademark registered in Andorra for Internet services, which
has been the object of a substantive examination by the Trademark Office of the
Principality of Andorra (OMPA) in accordance with the provisions relative to
substantive examinations contained in the Implementing Regulations of the
Trademark Law and the Trademark Office Fees Law of 10 May 2000, or any other
legal or regulatory provision subsequent to this date which further develops this
matter. The trademark shall be identical to the second or lower level domain name
sought.

b) If, in accordance with Rule 4.d)ii), the applicant states a use in Internet in relation
with a trademark, the applicant shall be the owner or exclusive licensee of a
trademark registered in Andorra for the goods or services referred to in his
statement and this trademark shall be identical to the second or, if applicable, lower
level domain name sought.

c) If, in accordance with Rule 4.d)iii), the applicant states that the domain name applied
for will be used to identify a commercial activity to be carried out over the Internet,
the applicant shall be the owner of a business name registered in Andorra, which
name shall be identical to the second or, if applicable, lower level domain name
sought.

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Implementing regulations governing application of the use of state signs law for use of “.ad” as
part of a domain name

d) If, in accordance with Rule 4.d)iv), the applicant states that the domain name
applied for will be used for private purposes on the Internet, the second or, if
applicable, lower level domain name sought shall consist of the applicant's first
name or initial followed by the surname or else the first name followed by the
surname or its initial. Numbers may be added to these names. If the applicant is a
legal entity, the domain name shall consist of the name of the entity which is
registered in Andorra and may or may not include the abbreviation of the company's
legal form. The domain name shall contain the subdomain ".nom" between the
second level domain name and the top level domain name ".ad".

e) If, in accordance with Rule 4.d) v), the applicant states that the domain name
applied for will be used on the Internet for private purposes by a nonprofit
organisation, the second or, if applicable, lower level domain name sought shall
consist of the name of the nonprofit organisation. The domain name shall contain
the subdomain ".nom" between the second level domain name and the top level
domain name ".ad".

Rule 6.
Requirements for applicants if the domain name is for an electronic mail
server

1. If the domain name for which authorisation to use ".ad" is sought is an electronic
mail server, the appropriate ministry shall grant authorisation to use ".ad" on
condition that the electronic mail code account names assigned under this domain
name fulfil the requirements established in Paragraph 2 of this rule; each such
account name shall be different and they shall consist exclusively of one of the
following signs:
a) The first name or initial followed by the surname, or else the name followed by
the surname or its initial, of the physical person to whom the account is assigned.
Numbers may be added to these names.

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Implementing regulations governing application of the use of state signs law for use of “.ad” as
part of a domain name

b) The company name registered in Andorra of the legal entity to which the account
is assigned. This name may or may not include the abbreviation indicating the
legal form of the company.

c) The trade name registered in Andorra, the owner of which shall be the person to
whom the account name is assigned.

d) The trademark registered in Andorra, the owner or exclusive licensee of which
shall be the person to whom the account is assigned. Numbers may be added to
this mark.

e) A fantasy name as long as it fulfils the requirement not to be identical to a
distinctive sign protected in Andorra by an intellectual property or other right and
the requirement not to be similar or likely to create a risk of confusion in the
minds of the public between this sign and any sign protected in Andorra by an
intellectual property or other right.

2. The signs which constitute the electronic mail code account name referred to in
Paragraph 1 of this rule must meet the following requirements:
a) The account name may be formed only by the letters "a", "b", "c", "d", "e", "f", "g",
"h", "i", "j", "k", "l", "m", "n","o", "p", "q", "r", "s", "t", "u", "v", "w", "x", "y" and "z",
with no distinction between upper and lower case letters and with no accent
signs, and/or by Arabic numerals. A dot (".") and/or a hyphen ("-" and "_") may be
used, but they shall not be either the first or last character of a domain name.

b) The account name shall consist of a minimum of 3 characters and a maximum of

64.
3. The agency which controls an electronic mail server and assigns or maintains an
account shall under no circumstances be responsible by virtue of assigning or
maintaining this account, for any violation of intellectual property or other rights or
legitimate interests which may derive from such violation.
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Implementing regulations governing application of the use of state signs law for use of “.ad” as
part of a domain name

CHAPTER III

EXAMINATION OF APPLICATIONS
FOR AUTHORISATION TO USE ".AD" IN A DOMAIN NAME


Rule 7. Examination of application for authorisation

1. The appropriate ministry shall examine the application for authorisation to use ".ad"
as the top level domain name in a domain name in order to determine if the
application has been presented in accordance with the conditions established in
Rule 3, contains the information stipulated in Rule 4 and if, subject to the criterion
established in Paragraph 2 of this rule, the applicant fulfils the requirements
established in Rule 5.
2. In order to determine whether the second level domain name applied for is identical
to one of the distinctive signs referred to in Rule 5, whether or not the distinctive sign
does or does not contain the ending ".ad" shall not be taken into consideration.
3. The appropriate ministry shall refuse, stating the motives for refusal, all applications
for authorisation to use ".ad" as a top level domain name in a domain name should
one of the following circumstances exist.
a) If the application has not been presented in accordance with the conditions
established in Rule 3.

b) If the application does not include some of the information established in Rule 4
or its content does not fulfil the requirements established in that same rule.

Rule 8. Co-existence of identical domain names

1. Except in those cases referred to in Paragraph 2 of this rule, the appropriate ministry
shall refuse applications for authorization to use ".ad" as the top level domain name
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Implementing regulations governing application of the use of state signs law for use of “.ad” as
part of a domain name

if the domain name applied for is identical to a domain name for which authorisation
for use has been granted and remains in effect.

2. Notwithstanding the provision of Paragraph 1 of this rule, the appropriate ministry
shall not refuse application for authorization to use ".ad" as the top level domain
name in a domain name for the uses according to Rule 4.d) i), ii) or iii) on the
grounds that it is identical to a domain name already authorised for the uses
according to Rule 4.d) ii) or iii).
Rule 9.
Limits on the number of authorisations to use domain names granted
per person

1. Except in the case referred to in Paragraph 2 of this rule, the appropriate ministry
may grant a maximum of three authorisations per person to use ".ad" as the top
level domain in a domain name.
2. The appropriate ministry may exceed the limit per person established in Paragraph
1 of this rule if the second or, if applicable, lower level domain name applied for is
identical to a trademark registered in Andorra, and of which the applicant is the
owner or exclusive licensee.
3. Authorisation to use ".ad" as the top level domain name in a domain name is nontransferrable.
Rule 10. Issue of authorisations

1. If the application for authorisation to use ".ad" as the top level domain name in a
domain name is not refused, the appropriate ministry shall grant the authorisation
applied for and shall send it by regular post to the applicant's postal address and, if
applicable, by electronic mail to the applicant's electronic mail address.
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Implementing regulations governing application of the use of state signs law for use of “.ad” as
part of a domain name

2. If the authorisation referred to in Paragraph 1 of this rule is issued for the domain
name of an electronic mail server, authorisation to use ".ad" as the top level domain
in a domain name includes authorisation to allocate account names under this
domain name.
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Implementing regulations governing application of the use of state signs law for use of “.ad” as
part of a domain name

CHAPTER IV

UPDATING, EXPIRY, RENEWAL AND REVOCATION
OF AUTHORISATION TO USE ".AD" IN A DOMAIN NAME


Rule 11. Compulsory notification of changes of name or address

If the person who has been authorised to use ".ad" as the top level domain name in a
domain name changes his/her name, postal or electronic mail addresses, he/she shall
notify the appropriate ministry of this change within 15 days from the date of the
change, using the form designated by the ministry for this purpose.

Rule 12. Requirements to be met during the period authorisation use is in effect

During the entire period for which authorisation to use ".ad" as the top level domain in a
domain name is in effect, the authorised person shall continue to fulfil the requirements
established in Rule 5 and shall not use the authorisation for any purpose other than
those stated in accordance with Rule 4.d).

Rule 13. Expiry of authorisation

1. Authorisation to use ".ad" as the top level domain name in a domain name shall
expire two years from the date on which authorisation was granted.
2. Expiry of an electronic mail code account is set, if applicable, by formal agreement
between the agency which controls the electronic mail server and assigns and
maintains accounts and the person to whom the account is assigned, and shall not
necessarily coincide with the date of expiry of the authorisation to use ".ad" as the
top level domain name in the domain name of the electronic mail server on which
the account depends. Nevertheless, if the authorisation to use ".ad" as the top level
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Implementing regulations governing application of the use of state signs law for use of “.ad” as
part of a domain name

domain name in the domain name of the electronic mail server does expire, the
electronic mail accounts ascribed to this domain name shall not be used.

Rule 14. Renewal of authorisation

1. Application to renew an authorisation to use ".ad" as the top level domain name in a
domain name shall be presented within the three months prior to the authorisation's
expiry date and following payment of the renewal fee set by the Government.
2. Application to renew an authorisation to use ".ad" as the top level domain name in a
domain name shall contain the following information:
a) The number of the authorisation for use and/or the domain name for which
renewal of the authorisation to use ".ad" is sought.

b) The name and address of the person applying for renewal.

c) The signature of the person applying for renewal.

3. Should application to renew an authorisation to use ".ad" as the top level domain
name in a domain name fail to meet any of the requirements established in
Paragraphs 1 or 2 of this rule or if applicant for renewal is not the person to whom
authorisation was originally granted, or if the trademark, the exclusive licence or the
trade name on the basis of which the authorisation was granted in accordance with
Rule 5 a), b) or c) is no longer in effect and in the name of the applicant for renewal,
the appropriate ministry shall refuse to renew the authorisation.
4. If, in accordance with Paragraph 3 of this rule, authorisation to use ".ad" as the top
level domain name in a domain name cannot be renewed, the competent ministry
shall inform the applicant of its intent to not renew authorisation by regular post or
electronic mail so that the applicant may make the pertinent allegations or correct
any errors within a period of 2 months from the date of being informed that
authorisation shall not be renewed. Once the allegations or corrections have been
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Implementing regulations governing application of the use of state signs law for use of “.ad” as
part of a domain name

made, the appropriate ministry shall decide whether the authorisation shall be
renewed.

5. Should application for renewal of authorisation to use ".ad" as the top level domain
name in a domain name not be refused, the appropriate ministry shall issue the
renewal applied for and send it to the applicant's postal address.
Rule 15. Revocation of authorisation

The appropriate ministry shall revoke the authorisation to use ".ad" as the top level
domain name in a domain name if at any time it is revealed that any of the information
contained in the application, as required by Rule 4 or, if applicable, Rule 14, is false or
if it is revealed that the applicant does not fulfil the requirements established in Rule 5,
or if the authorised party fails to comply with the obligations stipulated in Rules 6, 11 or

12. Prior to revoking the authorisation, the appropriate ministry shall inform the person
authorised to use ".ad" of its intention to revoke the authorisation. Notification shall be
sent by regular and/or electronic mail. The authorised party shall then make the
pertinent allegations or correct any errors within a period of 2 months from the date of
being informed that authorisation is to be revoked. Once the allegations or corrections
have been made, the appropriate ministry shall decide whether the authorisation shall
be revoked.
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Implementing regulations governing application of the use of state signs law for use of “.ad” as
part of a domain name

CHAPTER V

OBLIGATIONS OF AGENCIES RESPONSIBLE FOR ASSIGNING
DOMAIN NAMES UNDER THE TOP-LEVEL DOMAIN NAME ".AD"


Rule 16.
Obligations of agencies responsible for assigning domain names
under the top-level domain name ".ad"

In order to be able to use the abbreviated form of the name "Principat d'Andorra", ".ad",
to allocate and maintain a domain name under the top level domain ".ad" all agencies
authorised to assign domain names under the top level domain name ".ad" shall at all
times fulfil the following conditions:

a) The party who assigns and maintains the domain name shall prove authorisation by
the appropriate ministry to use ".ad" as the top level domain name in a domain
name at the moment a domain name is assigned and at all times during the period
this name is maintained, unless the domain name is assigned to an authority entitled
to use the State sign "Principat d'Andorra" or its abbreviated form, ".ad".

b) This party shall offer its customers a technical solution so that when an Internet user
enters a domain name under the top level domain ".ad" which has been assigned to
more than one person in accordance with Rule 8.2, there is an access system such
as a gateway containing data or information relative to the people to whom the
same domain name has been assigned, i.e. their name, address, business activity,
goods or services offered, a graphic mark or other elements -which enables the
Internet user to simply and quickly identify and access the final address desired.

c) If for technical reasons it is not possible to fulfil the obligation referred to in
Paragraph b) of this rule by a particular communication protocol or for domain
names to be used as domain names for electronic mail, and it happens that two or
more domain names must co-exist under the terms of Rule 8.2., these domain
names -for the particular protocol or for use as the domain name of an electronic
mail account name- shall be able to add a sub-domain between the second level
domain and the top level domain name".ad" which sub-domain shall consist of a

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Implementing regulations governing application of the use of state signs law for use of “.ad” as
part of a domain name

number ranging from "001" to the number of identical domain names which shall coexist.


TRANSITIONAL PROVISIONS

FIRST

All parties who have been assigned a domain name under the top level domain ".ad" at
the time these Regulations go into effect and do not have the corresponding
authorisation required by the Use of State Signs Act, shall have 6 months to obtain
authorisation to use ".ad" as the top level domain name for that domain name and
provide proof of this authorisation to the agency that maintains the domain name.

SECOND

All parties who have been assigned a domain name for private use at the time these
Regulations go into effect shall have a 6-month priority right to obtain authorisation to
use ".ad" as the top level domain name for that domain name, adding the sub-domain
".nom", without affecting adherence to the remainder of the provisions contained in
these Regulations.

THIRD

All agencies authorised to assign and maintain a domain name under the top level
domain name ".ad" shall have six months within which to comply with the obligations
established in Rule 16.

FOURTH

Under the terms of Article 3 of the Use of State Signs Act, failure to comply with any of
the requirements established in the first or third transitional provisions within six months

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Implementing regulations governing application of the use of state signs law for use of “.ad” as
part of a domain name

of these Regulations taking effect shall entitle the Government to start disciplinary
proceedings against the applicant for the domain name and/or the agency responsible
for assigning and maintaining domain names, levying the fines stipulated in that article,
without affecting respect for all legally acquired rights.

FINAL PROVISION

These Regulations shall go into effect fifteen days after publication in the Official State
Gazette of the Principality of Andorra.

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