> On 22-Aug-2022, at 14:52, [email protected] wrote:
> 
> Thanks Paul for the detailed explanation of the situation and actions taken 
> in the interest of all the RIR communities. APNIC has been very supportive of 
> AFRINIC.It is important that AFRINIC stands back on its feet earliest.
>  Gaurav concerns raised by you are genuine. APNIC has robust risk management 
> policy and financials in place. The first agenda point, if I remember 
> correctly, at each EC meeting is to review risk  factors and mitigation. 
Hi Perhar,

My concern was not w.r.t. financial stuff but i am more concerned about 
legal/regulations issues in the host country. What if, similar account freeze 
type of situations arises (as it happened in AFRINIC) ? 
To start with we can look for setting up regional office in one of the member 
country, to avoid legal/regulation stuff.

Regards,
Gaurav Kansal


> Perhar
> 
> 
> On Thu, 18 Aug 2022, 14:20 Gaurav Kansal, <[email protected] 
> <mailto:[email protected]>> wrote:
> Thanks for sharing the clarification on the AFRINIC issue. Most of us do 
> appreciate APNIC's stand on this issue, but at the same time this raises some 
> serious concerns on what would be the implications if a similar situations 
> happens with APNIC. We need to build in appropriate resilience at various 
> levels of the core institutions of APNIC in order to prevent any major 
> disruptions to the operations of APNIC. To start with we can explore the 
> feasibility of setting up a regional office of APNIC in any other member 
> country and distribute some of the resources of APNIC across different 
> geographies, So that any legal/regulatory actions of one host country doesn't 
> bring the operations of APNIC to a standstill.
> 
> Regards,
> Gaurav Kansal
> 
>> On 18-Aug-2022, at 11:37, [email protected] <mailto:[email protected]> wrote:
>> 
>> Dear friends and colleagues,
>> 
>> I do understand the interest by members of the APNIC community in the letter 
>> from the NRO to the government of Mauritius, dated on 12 July. Accordingly, 
>> I provided background and explanation of this action in an APNIC blogpost on 
>> 22 July:
>> 
>> https://blog.apnic.net/2022/07/22/why-the-nro-is-defending-afrinic/ 
>> <https://blog.apnic.net/2022/07/22/why-the-nro-is-defending-afrinic/>
>> As explained in this blogpost, the primary reason for the NRO’s 
>> correspondence was to highlight the risks to the global Internet operations 
>> from unintended consequences of decisions made by the Mauritian courts, in 
>> the course of recent legal proceedings. The letter was a product of the NRO 
>> and it expressed the NRO’s commonly held concerns about the potential for 
>> serious damage to important Internet operations, a matter which is of common 
>> concern to all RIRs and, we believe, of great importance to all RIR 
>> communities.
>> 
>> A secondary reason for the correspondence was to express support for 
>> AFRINIC’s previous requests to Mauritius for recognition of its status as an 
>> international organisation. Whether such recognition is granted and what 
>> this process entails under Mauritian law, are matters for the discretion of 
>> the Mauritian Government and for AFRINIC. However it should be noted that 
>> LACNIC has held a similar status for many years in its host country of 
>> Uruguay, as one of numerous organisations in the same category.
>> 
>> Finally, regarding the process for AFRINIC Board appointments, which were 
>> not mentioned in the NRO letter or my blog post: my understanding is that if 
>> ANY Mauritian company becomes unable to complete its usual board appointment 
>> or election process, the Mauritian courts have discretion to appoint board 
>> members in order to allow the company to function.
>> 
>> In AFRINIC’s case, the court was provided with a list of suggested candidate 
>> names, which had been solicited from the ATU (African Telecommunications 
>> Union) as a recognised independent and authoritative body, and along with 
>> other names from other sources (to my understanding). As the court is 
>> entirely free to accept or reject any of these candidates, this does not in 
>> any way represent an appointment BY the ATU. Under the current circumstances 
>> this appears to be an entirely legitimate process to enable the AFRINIC 
>> board to function and convene elections in accordance with their by-laws.
>> 
>> I hope that these answers are useful and informative to interested parties.
>> 
>> Paul.
>> 
>> Paul Wilson, Director-General, APNIC [email protected] <mailto:[email protected]>
>> http://www.apnic.net <http://www.apnic.net/> @apnicdg
>> 
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