Draft Policy ARIN-2019-12: M&A Legal Jurisdiction Exclusion

[ARIN]

On 16 May 2019, the ARIN Advisory Council (AC) accepted "ARIN-prop-272: 
M&A Legal Jurisdiction Exclusion" as a Draft Policy.

Draft Policy ARIN-2019-12 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:

M&A 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

M&A activity resulting in the surviving legal entity which is not 
incorporated in the ARIN service region will be permitted to hold number 
resources directly allocated or assigned by ARIN.

Comments:

Timetable for implementation: Immediate

Anything Else This proposal may be overtaken by a more general approach 
to ARIN membership legal jurisdiction exclusion