[arin-ppml] Draft Policy 2009-1: Transfer Policy – Revised and forwarded to the Board

[Member Services]

The ARIN Advisory Council (AC) met on 29 April 2009 and decided to send 
a revised version of 2009-1 to the Board for their consideration:

Draft Policy 2009-1: Transfer Policy

The original 2009-1 is a result of the utilization the Emergency PDP 
provision of the ARIN Policy Development Process by the ARIN Board of 
Trustees. The AC was required to make a recommendation about 2009-1 
within 5 business days of the conclusion of the discussion period (the 
discussion period for 2009-1 ended on 29 April 2009). The AC used the 
feedback from the community on the PPML and at the Public Policy Meeting 
in San Antonio as guidance in suggesting revisions to the draft policy 
text. The PDP tasks the Board to review the AC’s recommendation.

The AC’s revised version of 2009-1 is below.

The ARIN Policy Development Process is available at:

https://www.arin.net/policy/pdp.html

Regards,

Member Services
American Registry for Internet Numbers (ARIN)


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Draft Policy 2009-1 Transfer Policy  as revised by the AC

Originator: ARIN Board of Trustees (using the Emergency PDP provision in 
the ARIN Policy Development Process)

Date: 29 April 2009

Policy statement:

Replace Section 8 as follows:

*8. Transfers*

*8.1. Principles*
Number resources are non-transferable and are not assignable to any 
other organization unless ARIN has expressly and in writing approved a 
request for transfer. ARIN is tasked with making prudent decisions on 
whether to approve the transfer of number resources.

It should be understood that number resources are not "sold" under ARIN 
administration. Rather, number resources are assigned to an organization 
for its exclusive use for the purpose stated in the request, provided 
the terms of the Registration Services Agreement continue to be met and 
the stated purpose for the number resources remains the same. Number 
resources are administered and assigned according to ARIN's published 
policies.

Number resources are issued, based on justified need, to organizations, 
not to individuals representing those organizations. Thus, if a company 
goes out of business, regardless of the reason, the point of contact 
(POC) listed for the number resource does not have the authority to 
sell, transfer, assign, or give the number resource to any other person 
or organization. The POC must notify ARIN if a business fails so the 
assigned number resources can be returned to the available pool of 
number resources if a transfer is not requested and justified.

*8.2. Mergers and Acquisitions*
ARIN will consider requests for the transfer of number resources in the 
case of mergers and acquisitions upon receipt of evidence that the new 
entity has acquired the assets which had, as of the date of the 
acquisition or proposed reorganization, justified the current entity's 
use of the number resource. Examples of assets that justify use of the 
number resource include, but are not limited to:

* Existing customer base
* Qualified hardware inventory
* Specific software requirements.

In evaluating a request for transfer, ARIN may require the requesting 
organization to provide any of the following documents, as applicable, 
plus any other documents deemed appropriate:

* An authenticated copy of the instrument(s) effecting the transfer
of assets, e.g., bill of sale, certificate of merger, contract,
deed, or court decree.
* A detailed inventory of all assets utilized by the requesting
party in maintaining and using the number resource.
* A list of the requesting party's customers using the number resource.

If further justification is required, the requesting party may be asked 
to provide any of the following, or other supporting documentation, as 
applicable:

* A general listing of the assets or components acquired
* A specific description of acquisitions, including:

   o Type and quantity of equipment
   o Customer base

* A description of how number resources are being utilized
* Network engineering plans, including:

   Host counts
   Subnet masking
   Network diagrams
   Reassignments to customers

*8.3 Transfers to Specified Recipients*
IPv4 number resources within the ARIN region may be released to ARIN by 
the authorized resource holder, in whole or in part, for transfer to 
another specified organizational recipient. Such transferred number 
resources may only be received under RSA by organizations that are 
within the ARIN region and can demonstrate the need for such resources, 
as a single aggregate, in the exact amount which they can justify under 
current ARIN policies.

#####

Changes  to 2009-1 as revised by the AC:

  * Removed 2.8 organization definition
  * Limited to IPv4 address space
  * Maintained ARIN as the intermediary
  * Maintained requirement of source and recipient being in region,
    and explicitly added the RSA requirement
  *Added text to clarify need must be a single aggregate