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

[Ted Mittelstaedt]

We still oppose 2009-1 as the removal of the sunset clause by the
Board fundamentally changed the proposal, and the mixture of
"merger" transfers in 8.2 and "unrestricted" transfers in 8.3
did not allow for the community to separately comment and consider
the 2 issues.

If Section 8.3 was struck out we would not oppose the proposal.

Ted

> -----Original Message-----
> From: arin-ppml-bounces at arin.net 
> [mailto:arin-ppml-bounces at arin.net] On Behalf Of Member Services
> Sent: Monday, May 04, 2009 9:21 AM
> To: arin ppml
> Subject: [arin-ppml] Draft Policy 2009-1: Transfer Policy - 
> Revised and forwarded to the Board
> 
> 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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