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

[Andrew Dul]

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

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 <mailto:bjones at vt.edu>
>
>
> On Tue, Jan 28, 2020 at 7:23 AM ARIN <info at arin.net
> <mailto: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.
>
>
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>
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