Draft Policy ARIN-2019-11

M&A Regional Nexus Exclusion

Status: Under Discussion

Advisory Council Shepherds: Rob Seastrom, Joe Provo

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History:

ARIN Advisory Council Meetings:

  • 16 May 2019

Latest Version: 21 May 2019

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