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

Martin Hannigan hannigan at gmail.com
Wed Jan 29 21:39:10 EST 2020


I'll let the proposal speak for itself. Not in favor.

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.
>
>
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