What real scenario are you thinking of that involves in-region companies that isn't an 8.3? I'm an American and my familiarity with American corporate law and resulting structures is having a hard time thinking of a scenario. But maybe it's just early and I haven't had my hot chocolate yet :)
> On Jun 1, 2016, at 7:42 AM, Jason Schiller <[email protected]> wrote: > > 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 > > _______________________________________________ > 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.
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