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

[Joe Miller]

I think this is a much better version of the policy than anything else 
that has been presented so far.  This draft specifies IPv4 now, but I 
would still like to see additional language making the policy less 
ambiguous with respect to pertaining to IPv4 versus IPv6.

I wouldn't mind seeing ARIN having more authority to deny transactions 
for other reasons, possibly even a blanket "for any other reason deemed 
by ARIN" statement, perhaps with an appeal process?

--joe

Member Services wrote:
> 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)
>
>
> ## * ##
>
> 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
>
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