[arin-ppml] ARIN 2019-13 ARIN 2019-13 ARIN Member Legal Jurisdiction Exclusion.

[Amy Potter]

Hi all,


I have revised the text of ARIN 2019-13 ARIN Member Legal Jurisdiction
Exclusion. The previous version provided suggested language to add to
section 9 of NRPM, without an exact location in the text. This version just
places that language directly in the text. the added text is in bold below.
Please let us know your thoughts on this policy proposal.


Problem Statement:

Legal entities incorporated outside the ARIN service region that have a
strong nexsis to the ARIN as described in section 9 should be permitted to
hold direct allocations and assignments from ARIN.

Example: Imagine a US based global company that has many international
subsidiaries. The company does real business both in the US, Canada, and
Caribbean as well as in Europe, Asia, Latin America, and Africa. The
corporate headquarters, majority of offices and employees are in the US.
Most C-level execs live and work in the US. The majority of customer base,
network infrastructure, and revenue generation is within the ARIN service
region.

The company decides to offer their services as part of a global service
offering in a particular non-ARIN region country. Legal restrictions
require an in-country legal entity to hold ownership of the service
providing network including the registration of Autonomous system number
used for peering.

The global IP address management team desires to maintain their ARIN
relationship, and prefers to request ARIN to create an OrgID for the
(non-ARIN service region) in-country legal entity, have ARIN assign an ASN,
and re-allocate IPs from the US entity that offers the service both inside
and outside of the ARIN service region.

Policy Statement:

Current Text:

A real and substantial connection shall be defined as carrying on business
in the ARIN region in a meaningful manner. The determination as to whether
an entity is carrying on business in the ARIN region in a meaningful manner
shall be made by ARIN. Simply being incorporated in the ARIN region shall
not be sufficient, on its own, to prove that an entity is carrying on
business in the ARIN region in a meaningful manner. Methods that entities
may consider using, including cumulatively, to prove that they are carrying
on business in the ARIN region in a meaningful manner include:
Revised Text:

A real and substantial connection shall be defined as carrying on business
in the ARIN region in a meaningful manner. The determination as to whether
an entity is carrying on business in the ARIN region in a meaningful manner
shall be made by ARIN. Simply being incorporated in the ARIN region shall
not be sufficient, on its own, to prove that an entity is carrying on
business in the ARIN region in a meaningful manner. Likewise, *l**egal
entities can demonstrate a substantial connection to the ARIN service
region without necessarily being incorporated within the ARIN service
region.* Methods that entities may consider using, including cumulatively,
to prove that they are carrying on business in the ARIN region in a
meaningful manner include:
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