Recommended Draft Policy ARIN-2015-4: Modify 8.2 section to better reflect how ARIN handles reorganizations [Archived]

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Status:

Tracking Information

Discussion Tracking

Mailing List:

Formal introduction on PPML on 26 May 2015

Origin - ARIN-prop-218

Draft Policy - 26 May 2015

Recommended Draft Policy - 21 July 2015

Last Call - 14-28 October 2015

AC recommended Board adopt - 24 November 2015

Adopted, to be implemented - 8 January 2016

Implemented 17 February 2016

Public Policy Mailing List

ARIN Public Policy Meeting:

ARIN PPC at NANOG 64
ARIN 36

ARIN Advisory Council:

AC Shepherds:
Owen DeLong, Andrew Dul

ARIN Board of Trustees:

10 December 2015

Revisions:

Implementation:

Implemented 17 February 2016

Recommended Draft Policy ARIN-2015-4
Modify 8.2 section to better reflect how ARIN handles reorganizations

Date: 21 July 2015

AC’s assessment of conformance with the Principles of Internet Number Resource Policy:

2015-4 is largely editorial in nature and does not change policy implementation, but clarifies existing use of policy. The proposal is fair in that it provides a consistent interface for transfers and clarifies the transfer policy. It is technically sound in that it is already effectively implemented. The proposal has received support on the mailing list and we expect it to be generally supported by the community as it is the direct result of community feed back on the existing policy.

Problem Statement:

ARIN staff indicated that NRPM 8.2 does not clearly indicate how ARIN procedures handle reorganizations. ARIN staff indicated that the first policy bullet point does not apply to reorganizations.

Policy statement:

Replacement text for entire 8.2 section:

8.2. Mergers, Acquisitions, and Reorganizations

ARIN will consider requests for the transfer of number resources in the case of mergers, acquisitions, and reorganizations under the following conditions:

-The current registrant must not be involved in any dispute as to the status of the resources to be transferred.

-The new entity must sign an RSA covering all resources to be transferred.

-The resources to be transferred will be subject to ARIN policies.

-The minimum transfer size is the smaller of the original allocation size or the applicable minimum allocation size in current policy.

-For mergers and acquisition transfers, the recipient entity must provide evidence that they have acquired assets that use the resources to be transferred from the current registrant. ARIN will maintain an up-to-date list of acceptable types of documentation.

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.

Comments:

The problem statement is addressed by:

-re-title 8.2

-clarify the documentation bullet point

-rearrange the documentation bullet to the end of the list since it only applies to some requestors, while the other bullet points apply to all requestors.

a.Timetable for implementation: Immediate

b.Anything else

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ARIN STAFF & LEGAL ASSESSMENT
Draft Policy ARIN-2015-4
Modify 8.2 section to better reflect how ARIN handles reorganizations
https://www.arin.net/policy/proposals/2015_4.html

Date of Assessment: July 14, 2015

Summary (Staff Understanding)
This proposal would provide clarification to the 8.2 transfer policy for reorganizations. It does this by adding “reorganizations” to the title, and clarifies that evidence of acquired assets is only required for merger and acquisition transfers; not reorganizations.

Comments
A. ARIN Staff Comments
This proposal can be implemented as written. Minimal staff training and preparation would be needed to implement this if it were to become policy. The proposal clarifies a point about reorganizations that has been confusing to customers in the past. We see no negative impacts.

B. ARIN General Counsel – Legal Assessment
Counsel sees no material legal issues in this policy.

Resource Impact
This policy would require minimal staff training and preparation. We see no negative impacts.

Proposal / Draft Policy Text Assessed

Draft Policy ARIN-2015-4

Modify 8.2 section to better reflect how ARIN handles reorganizations

Problem Statement:

ARIN staff indicated that NRPM 8.2 does not clearly indicate how ARIN procedures handle reorganizations. ARIN staff indicated that the first policy bullet point does not apply to reorganizations.

Policy statement:

Replacement text for entire 8.2 section:

8.2. Mergers, Acquisitions, and Reorganizations

ARIN will consider requests for the transfer of number resources in the case of mergers, acquisitions, and reorganizations under the following conditions:

-The current registrant must not be involved in any dispute as to the status of the resources to be transferred.
-The new entity must sign an RSA covering all resources to be transferred.
-The resources to be transferred will be subject to ARIN policies.
-The minimum transfer size is the smaller of the original allocation size or the applicable minimum allocation size in current policy.
-For mergers and acquisition transfers, the recipient entity must provide evidence that they have acquired assets that use the resources to be transferred from the current registrant. ARIN will maintain an up-to-date list of acceptable types of documentation.

Comments:

The problem statement is addressed by:

-re-title 8.2
-clarify the documentation bullet point
-rearrange the documentation bullet to the end of the list since it only applies to some requestors, while the other bullet points apply to all requestors.

a.Timetable for implementation: Immediate

b.Anything else