[arin-ppml] Revised - Draft Policy ARIN-2019-12: M&A Legal Jurisdiction Exclusion

[Joe Provo]

<AC hat>

On Wed, Jan 29, 2020 at 01:43:25PM -0500, Brian Jones wrote:
> On Wed, Jan 29, 2020 at 11:34 AM Andrew Dul <andrew.dul at quark.net> wrote:
> 
> > I would say as a continuing ARIN member they are responsible for keeping
> > up their POC and abuse records just like any other member.
> >
> > Andrew
> >
> 
> Point being, if those address blocks are ignored long enough, they could be
> reclaimed eventually by ARIN for repurposing?


Brian,

Since none of the updates to language affected that, I'm 
with Andrew as the previous S&L would have specified. Once
this language settles and we seek the next S&L we can call
out the concern to be directly addressed so there's no 
ambiguity.

To that end, it'd be great if we could get any additional 
feedback on the current language in the next week. I'd love
to iron out any further changes so we can have concensus 
on the text by the next AC meeting

</AC hat>

Cheers!

Joe


> > On 1/28/2020 11:52 AM, Brian Jones wrote:
> >
> >
> > Question: Does this mean that the entity responsible for the continued
> > resource holdings is subject to keeping up the POC and abuse contact
> > information for each of the locations or allocation blocks where it
> > continues to use ARIN resources?
> >
> > ???
> > Brian Jones
> > NI&S Virginia Tech
> > bjones at vt.edu
> >
> >
> > On Tue, Jan 28, 2020 at 7:23 AM ARIN <info at arin.net> wrote:
> >
> >> The following has been revised:
> >>
> >> * Draft Policy ARIN-2019-12: M&A Legal Jurisdiction Exclusion
> >>
> >> Revised text is below and can be found at:
> >>
> >> https://www.arin.net/participate/policy/drafts/2019_12/
> >>
> >> You are encouraged to discuss all Draft Policies on PPML. The AC will
> >> evaluate the discussion in order to assess the conformance of this Draft
> >> Policy with ARIN's Principles of Internet number resource policy as
> >> stated in the Policy Development Process (PDP). Specifically, these
> >> principles are:
> >>
> >> * Enabling Fair and Impartial Number Resource Administration
> >> * Technically Sound
> >> * Supported by the Community
> >>
> >> The PDP can be found at:
> >> https://www.arin.net/participate/policy/pdp/
> >>
> >> Draft Policies and Proposals under discussion can be found at:
> >> https://www.arin.net/participate/policy/drafts/
> >>
> >> Regards,
> >>
> >> Sean Hopkins
> >> Policy Analyst
> >> American Registry for Internet Numbers (ARIN)
> >>
> >>
> >>
> >> Draft Policy ARIN-2019-12: M&A Legal Jurisdiction Exclusion
> >>
> >> Problem Statement:
> >>
> >> Merger and acquisition activity sometimes results in a surviving legal
> >> entity that is not in ARIN service region, but may prefer to continue
> >> the pre-existing relationship with ARIN.
> >>
> >> Example: Imagine a case where a global company has decided to
> >> discontinue service in the ARIN service region (shuttering ARIN region
> >> offices laying off ARIN region employees, and canceling ARIN region
> >> customers) and repurpose the network resources and number resources in
> >> the rest of its global footprint. During restructuring the company
> >> concentrates its holdings in its European subsidiary, and then dissolved
> >> its US legal entity.
> >>
> >> Imagine a case where a global company has decided to divest its service
> >> in the ARIN region (selling all ARIN region offices, all ARIN region
> >> network assets, all ARIN service region customers, all number resources
> >> used in the ARIN (associated with previous noted sale of network and
> >> customers), but retaining ARIN issued resources in use outside of the
> >> ARIN service region. During restructuring the company concentrates its
> >> holdings which are not in us in the ARIN service region in its European
> >> subsidiary, and then sells off its US legal entity (including the
> >> network, customers, addresses in use, etc) dissolved its US legal entity.
> >>
> >> Policy Statement:
> >>
> >> Add the following to section 8.2
> >>
> >> Mergers, acquisitions, and reorganization activity resulting in the
> >> surviving entity ceasing to have a real and substantial connection with
> >> the ARIN region shall be permitted to continue holding any numbering
> >> resources issued (directly or indirectly) by ARIN prior to the merger,
> >> acquisition or reorganization activity, but shall not qualify for any
> >> additional numbering resources (directly or indirectly) from ARIN,
> >> unless and until it once again has a real and substantial connection
> >> with the ARIN region as required by the Numbering Resource Policy Manual.
> >>
> >> Timetable for Implementation: Immediate
> >>
> >> Anything Else:
> >>
> >> This proposal may be overtaken by a more general approach to ARIN
> >> membership legal jurisdiction exclusion
> >>
> >> To clarify scope, a legal entity present within the ARIN service region,
> >> and a current ARIN RSA executed with that entity, is necessary to
> >> receive allocations or assignments from ARIN. Therefore in the scenario
> >> postulated in the problem statement, the organization would have to
> >> re-establish itself within the ARIN service region to receive additional
> >> resources from ARIN, while it can continue to hold the allocations or
> >> assignments made prior to any merger, acquisition, or reorganization
> >> activity.
> >>
> >>
> >> _______________________________________________
> >> ARIN-PPML
> >> You are receiving this message because you are subscribed to
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> >> Unsubscribe or manage your mailing list subscription at:
> >> https://lists.arin.net/mailman/listinfo/arin-ppml
> >> Please contact info at arin.net if you experience any issues.
> >>
> >
> > _______________________________________________
> > ARIN-PPML
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> >
> >
> > _______________________________________________
> > ARIN-PPML
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> >

> _______________________________________________
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-- 
Posted from my personal account - see X-Disclaimer header.
Joe Provo / Gweep / Earthling