Policy Proposal: Transfer Policy Clarifications

[Member Services]

ARIN received the following policy proposal. In accordance with the ARIN
Internet Resource Policy Evaluation Process, the proposal is being
posted to the ARIN Public Policy Mailing List (PPML) and being placed on
ARIN's website.

The AC will review this proposal and may decide to:

1. Accept the proposal as a formal policy proposal as it is presented;

2. Work with the author to:
      a) clarify the language or intent of the proposal;
      b) divide the proposal into two (2) or more proposals; or
      c) combine the proposal with other proposals; or,

3. Not accept the proposal as a formal policy proposal.

The AC will review this proposal at their next meeting. If the AC
accepts the proposal, then it will be posted as a formal policy proposal
to PPML and it will be presented at a Public Policy Meeting. If the AC
does not accept the proposal, then the AC will explain that decision;
and at that time the author may elect to use the petition process to
advance their proposal. If the author elects not to petition or the
petition fails, then the proposal will be closed.

The ARIN Internet Resource Policy Evaluation Process can be found at:
http://www.arin.net/policy/irpep.html

Mailing list subscription information can be found at:
http://www.arin.net/mailing_lists/index.html

Regards,

Member Services
American Registry for Internet Numbers (ARIN)


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Policy Proposal Name: Transfer Policy Clarifications

Author: Paul Andersen

Proposal Version: 1.0

Submission Date: February 22, 2007

Proposal type: Modify

Policy term: Permanent

Policy statement:

That Section 8 of the NRPM is replaced as follows:

8.1.	Transfers

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 Transfer Requirements

ARIN will consider requests for the transfer of number resources only
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

8.3. Documentation 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 resources

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:
* Type and quantity of equipment
* Customer base
* A description of how address space is being utilized
* Network engineering plans, including:
* Host counts
* Subnet masking
* Network diagrams
* Reassignments to customers

Rationale:

Staff analysis and community comments have a problem with the
inconsistent use of the terms "ASN" and "IP Address" in this section
which leads to confusion on which resources can be transferred. The
entire section now utilizes the term "number resources" to clarify what
would appear to be the original intent.

A section regarding the handling of customer networks outside ARIN's
geographic region has been removed to reflect the actual current
procedure utilized that was developed in conjunction with the ERX
transfer project.

The last section of old text has been removed as it does not appear to
be so much policy as guidance.

Timetable for implementation:  Immediate