I support as written. However it occurs to me, why doesn't this text also apply to 8.3 intra-ARIN specified transfers?
1. I see no reason why intra-compnay transfers where the recipient is outside of the ARIN region, be treated any differently than when the recipient is inside the ARIN region. 2. In fact I think if anything we would want to be equally or more liberal when the recipient is inside the ARIN region to have a greater chance of enforcing anti-flip restrictions (which we cannot easily do outside of the region). 3. I would like to avoid further diverging 8.3 and 8.4. One could imagine merging 8.3 and 8.4 into a single section, and the community has asked the AC to undertake that work. ___Jason On Tue, May 24, 2016 at 5:23 PM, ARIN <[email protected]> wrote: > > Recommended Draft Policy ARIN-2015-2 Modify 8.4 (Inter-RIR Transfers to > Specified Recipients) > > On 19 May 2016 the ARIN Advisory Council (AC) advanced 2015-2 to > Recommended Draft Policy status. > > The text of the Recommended Draft Policy is below, and may also be found > at: > https://www.arin.net/policy/proposals/2015_2.html > > You are encouraged to discuss all Recommended Draft Policies on PPML prior > to their presentation at the next ARIN Public Policy Consultation (PPC). > PPML and PPC discussions are invaluable to the AC when determining > community consensus. > > The PDP can be found at: > https://www.arin.net/policy/pdp.html > > Draft Policies and Proposals under discussion can be found at: > https://www.arin.net/policy/proposals/index.html > > Regards, > > Communications and Member Services > American Registry for Internet Numbers (ARIN) > > > > Recommended Draft Policy ARIN 2015-2 > Modify 8.4 (Inter-RIR Transfers to Specified Recipients) > > Date: 24 May 2016 > > AC's assessment of conformance with the Principles of Internet Number > Resource Policy: > > Draft Policy ARIN 2015-2 contributes to fair and impartial number > resources administration by removing an impediment to the transfer of IPv4 > numbering resources to other RIRs when business needs change within the > first 12 months of receipt of a 24 month supply of IP addresses by an > entity via the transfer market. It is technically sound in that it balances > removing limits on transfers of IPv4 numbering resources to other RIRs with > safeguards related to ownership and control described in the draft policy > to reduce the likelihood of fraudulent transactions. There was strong > community support for this draft policy at the NANOG 66 PPC and ARIN 37, > subject only to some suggested editorial changes which have now been > implemented in the latest version. > > Problem Statement: > > Organizations that obtain a 24 month supply of IP addresses via the > transfer market and then have an unexpected change in business plan are > unable to move IP addresses to the proper RIR within the first 12 months of > receipt. > > Policy statement: > > Replace 8.4, bullet 4, to read: > > "Source entities within the ARIN region must not have received a transfer, > allocation, or assignment of IPv4 number resources from ARIN for the 12 > months prior to the approval of a transfer request, unless either the > source or recipient entity owns or controls the other, or both are under > common ownership or control. This restriction does not include M&A > transfers." > > Comments: Organizations that obtain a 24 month supply of IP addresses via > the transfer market and then have an unexpected change in business plan are > unable to move IP addresses to the proper RIR within the first 12 months of > receipt. The need to move the resources does not flow from ARIN policy, but > rather from the requirement of certain registries outside the ARIN region > to have the resources moved in order to be used there. > > The intention of this change is to allow organizations to perform > inter-RIR transfers of space received via an 8.3 transfer regardless of the > date transferred to ARIN. A common example is that an organization acquires > a block located in the ARIN region, transfers it to ARIN, then 3 months > later, the organization announces that it wants to launch new services out > of region. Under current policy, the organization is prohibited from moving > some or all of those addresses to that region's Whois if there is a need to > move them to satisfy the rules of the other region requiring the movement > of the resources to that region in order for them to be used there. > Instead, the numbers are locked in ARIN's Whois. It's important to note > that 8.3 transfers are approved for a 24 month supply, and it would not be > unheard of for a business model to change within the first 12 months after > approval. The proposal also introduces a requirement for an affiliation > relationship between the source and recipient entity, based on established > corporate law principles, so as to make it reasonably likely that > eliminating the 12 month anti-flip period in that situation will meet the > needs of organizations that operate networks in more than one region > without encouraging abuse. > > a. Timetable for implementation: Immediate > > b. Anything else: N/A > > ##### > > ARIN STAFF & LEGAL ASSESSMENT > Draft Policy ARIN-2015-2 > MODIFY 8.4 (INTER-RIR TRANSFERS TO SPECIFIED RECIPIENTS) > https://www.arin.net/policy/proposals/2015_2.html > > Date of Assessment: 17 May 2016 > > ___ > 1. Summary (Staff Understanding) > > Currently, organizations are unable to act as a source on an 8.4 transfer > of IPv4 address space if they have received IPv4 address space in the past > 12 months from ARIN's IPv4 free pool, the waiting list for unmet requests, > or an 8.3 transfer. This draft policy lifts the 12-month restriction in > cases when the source or recipient entity owns or controls the other, or > both are under common ownership or control. > > ___ > 2. Comments > > A. ARIN Staff Comments > > * If this policy is implemented, ARIN staff would no longer apply a > 12-month time restriction to organizations who wish to 8.4 transfer IPv4 > addresses to themselves or in cases when the source or recipient entity > owns or controls the other, or both are under common ownership or control. > > * This policy could be implemented as written. > > B. ARIN General Counsel – Legal Assessment > > Concerns raised by the GC regarding previous versions of this policy have > been satisfactorily addressed in the current draft. The current proposed > draft does not create material legal issues for ARIN. In order to determine > when entities are under common ownership or control, traditional legal > standards will be applied by ARIN. > > ___ > 3. Resource Impact > > Implementation of this policy would have minimal resource impact. It is > estimated that implementation would occur within 3 months after > ratification by the ARIN Board of Trustees. The following would be needed > in order to implement: > > * Updated guidelines and internal procedures > > * Staff training > > ___ > 4. Proposal / Draft Policy Text Assessed > > Draft Policy ARIN 2015-2 > Modify 8.4 (Inter-RIR Transfers to Specified Recipients) > > Date: 11 May 2016 > > Problem Statement: > > Organizations that obtain a 24 month supply of IP addresses via the > transfer market and then have an unexpected change in business plan are > unable to move IP addresses to the proper RIR within the first 12 months of > receipt. > > Policy statement: > > Replace 8.4, bullet 4, to read: "Source entities within the ARIN region > must not have received a transfer, allocation, or assignment of IPv4 number > resources from ARIN for the 12 months prior to the approval of a transfer > request, unless either the source or recipient entity owns or controls the > other, or both are under common ownership or control. This restriction does > not include M&A transfers." > > Comments: Organizations that obtain a 24 month supply of IP addresses via > the transfer market and then have an unexpected change in business plan are > unable to move IP addresses to the proper RIR within the first 12 months of > receipt. The need to move the resources does not flow from ARIN policy, but > rather from the requirement of certain registries outside the ARIN region > to have the resources moved in order to be used there. > > The intention of this change is to allow organizations to perform > inter-RIR transfers of space received via an 8.3 transfer regardless of the > date transferred to ARIN. A common example is that an organization acquires > a block located in the ARIN region, transfers it to ARIN, then 3 months > later, the organization announces that it wants to launch new services out > of region. Under current policy, the organization is prohibited from moving > some or all of those addresses to that region's Whois if there is a need to > move them to satisfy the rules of the other region requiring the movement > of the resources to that region in order for them to be used there. > Instead, the numbers are locked in ARIN's Whois. It's important to note > that 8.3 transfers are approved for a 24 month supply, and it would not be > unheard of for a business model to change within the first 12 months after > approval. The proposal also introduces a requirement for an affiliation > relationship between the source and recipient entity, based on established > corporate law principles, so as to make it reasonably likely that > eliminating the 12 month anti-flip period in that situation will meet the > needs of organizations that operate networks in more than one region > without encouraging abuse. > > a. Timetable for implementation: Immediate > b. Anything else: N/A > _______________________________________________ > PPML > You are receiving this message because you are subscribed to > the ARIN Public Policy Mailing List ([email protected]). > Unsubscribe or manage your mailing list subscription at: > http://lists.arin.net/mailman/listinfo/arin-ppml > Please contact [email protected] if you experience any issues. -- _______________________________________________________ Jason Schiller|NetOps|[email protected]|571-266-0006
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