Draft Policy ARIN-2019-11: M&A Regional Nexus Exclusion

[ARIN]

On 16 May 2019, the ARIN Advisory Council (AC) accepted "ARIN-prop-271: 
M&A Regional Nexus Exclusion" as a Draft Policy.

Draft Policy ARIN-2019-11 is below and can be found at:
https://www.arin.net/participate/policy/drafts/2019_11/

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-2019-11: M&A Regional Nexus Exclusion

Problem Statement:

Merger, acquisition, or reorganization activity sometimes results in a 
restructuring where company resources, the management of number 
resources, and the use of number resources are concentrated outside the 
ARIN service region. In this case the surviving legal entity may no 
longer meet the ARIN service region nexus requirements, 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.

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.

Policy Statement:

Add to section 8.2:

Nexus to ARIN service region requirements as defined in section 9 will 
be exempted for M&A.

Comments:

Timetable for implementation: Immediate