Update "return" language for 8.2 M&A transfers - Notice of intent to make editorial update

[ARIN]

The ARIN Advisory Council (AC) has requested that the following proposed 
editorial update to the Number Resource Policy Manual (NRPM) be posted 
for review by the community.

The review period will close on 23 April 2016.

The AC provided the following statement:

----
Update "return" language for 8.2 M&A transfers

"The policy experience report at ARIN 36 highlighted an issue in the
current 8.2 Mergers & Acquisitions Transfer Policy. The current policy 
uses the phrase "work with the resource holder(s) to return".  The word 
"return" in this context is being misinterpreted by organizations as 
"revoke."
https://www.arin.net/participate/meetings/reports/ARIN_36/PDF/thursday/jimmerson_policy.pdf

The goal of this policy is to clarify that returns are voluntary actions
by an organization and ARIN does not revoke address blocks for
under-utilization under section 6 the current Registration Services
Agreement (RSA).
https://www.arin.net/resources/agreements/rsa.pdf

Based on this position, the ARIN AC proposes that the following 
editorial change be made to the NRPM.

Replace NRPM 8.2 paragraph:

In the event that number resources of the combined organizations are no
longer justified under ARIN policy at the time ARIN becomes aware of the
transaction, through a transfer request or otherwise, ARIN will work
with the resource holder(s) to return or transfer resources as needed
to restore compliance via the processes outlined in current ARIN policy.

With the following paragraph:

ARIN will proceed with processing transfer requests even if the number
resources of the combined organizations exceed what can be justified
under current ARIN policy.  In that event, ARIN will work with the
resource holder(s) to transfer the extra number resources to other
organization(s) or accept a voluntary return of the extra number
resources to ARIN.
----

The process for editorial updates to the NRPM is found in Part One, 
Section 3.1, paragraph 3 of the PDP:
"Changes to policy that are purely editorial and non-substantial in 
nature are outside the scope of the full Policy Development Process and 
may only be made with 30 days public notice followed by the concurrence 
of both the ARIN Advisory Council and ARIN Board of Trustees that the 
changes are non-substantial in nature."

The ARIN Number Resource Policy Manual is here:
https://www.arin.net/policy/nrpm.html

The ARIN Policy Development Process is available at:
https://www.arin.net/policy/pdp.html

Regards,

Communications and Member Services
American Registry for Internet Numbers (ARIN)