[arin-ppml] LAST CALL for Recommended Draft Policy ARIN-2015-4: Modify 8.2 section to better reflect how ARIN handles reorganizations

[ARIN]

The ARIN Advisory Council (AC) met on 9 October 2015 and decided to
send the following to last call:

   Recommended Draft Policy ARIN-2015-4: Modify 8.2 section to better 
reflect how ARIN handles reorganizations

Feedback is encouraged during the last call period. All comments should
be provided to the Public Policy Mailing List. This last call will
expire on 28 October 2015. After last call the AC will conduct their
last call review.

The draft policy text is below and available at:
https://www.arin.net/policy/proposals/

The ARIN Policy Development Process is available at:
https://www.arin.net/policy/pdp.html

Regards,

Communications and Member Services
American Registry for Internet Numbers (ARIN)


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Recommended Draft Policy ARIN-2015-4
Modify 8.2 section to better reflect how ARIN handles reorganizations

Date: 21 July 2015

AC's assessment of conformance with the Principles of Internet Number 
Resource Policy:

2015-4 is largely editorial in nature and does not change policy 
implementation, but clarifies existing use of policy. The proposal is 
fair in that it provides a consistent interface for transfers and 
clarifies the transfer policy. It is technically sound in that it is 
already effectively implemented. The proposal has received support on 
the mailing list and we expect it to be generally supported by the 
community as it is the direct result of community feed back on the 
existing policy.

Problem Statement:

ARIN staff indicated that NRPM 8.2 does not clearly indicate how ARIN 
procedures handle reorganizations. ARIN staff indicated that the first 
policy bullet point does not apply to reorganizations.

Policy statement:

Replacement text for entire 8.2 section:

8.2. Mergers, Acquisitions, and Reorganizations

ARIN will consider requests for the transfer of number resources in the 
case of mergers, acquisitions, and reorganizations under the following 
conditions:

-The current registrant must not be involved in any dispute as to the 
status of the resources to be transferred.

-The new entity must sign an RSA covering all resources to be transferred.

-The resources to be transferred will be subject to ARIN policies.

-The minimum transfer size is the smaller of the original allocation 
size or the applicable minimum allocation size in current policy.

-For mergers and acquisition transfers, the recipient entity must 
provide evidence that they have acquired assets that use the resources 
to be transferred from the current registrant. ARIN will maintain an 
up-to-date list of acceptable types of documentation.

In the event that number resources of the combined organizations are no 
longer justified under ARIN policy at the time ARIN becomes aware of the 
transaction, through a transfer request or otherwise, ARIN will work 
with the resource holder(s) to return or transfer resources as needed to 
restore compliance via the processes outlined in current ARIN policy.

Comments:

The problem statement is addressed by:

-re-title 8.2

-clarify the documentation bullet point

-rearrange the documentation bullet to the end of the list since it only 
applies to some requestors, while the other bullet points apply to all 
requestors.

a.Timetable for implementation: Immediate

b.Anything else

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ARIN STAFF & LEGAL ASSESSMENT
Draft Policy ARIN-2015-4
Modify 8.2 section to better reflect how ARIN handles reorganizations
https://www.arin.net/policy/proposals/2015_4.html

Date of Assessment: July 14, 2015

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1. Summary (Staff Understanding)
This proposal would provide clarification to the 8.2 transfer policy for 
reorganizations. It does this by adding "reorganizations" to the title, 
and clarifies that evidence of acquired assets is only required for 
merger and acquisition transfers; not reorganizations.

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2. Comments
A. ARIN Staff Comments
This proposal can be implemented as written. Minimal staff training and 
preparation would be needed to implement this if it were to become 
policy. The proposal clarifies a point about reorganizations that has 
been confusing to customers in the past. We see no negative impacts.

B. ARIN General Counsel – Legal Assessment
Counsel sees no material legal issues in this policy.

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3. Resource Impact
This policy would require minimal staff training and preparation. We see 
no negative impacts.