On 16 May 2019, the ARIN Advisory Council (AC) accepted "ARIN-prop-272:
M&A Legal Jurisdiction Exclusion" as a Draft Policy.
Draft Policy ARIN-2019-12 is below and can be found at:
https://www.arin.net/participate/policy/drafts/2019_12/
You are encouraged to discuss all Draft Policies on PPML. The AC will
evaluate the discussion in order to assess the conformance of this draft
policy with ARIN's Principles of Internet number resource policy as
stated in the Policy Development Process (PDP). Specifically, these
principles are:
* Enabling Fair and Impartial Number Resource Administration
* Technically Sound
* Supported by the Community
The PDP can be found at:
https://www.arin.net/participate/policy/pdp/
Draft Policies and Proposals under discussion can be found at:
https://www.arin.net/participate/policy/drafts/
Regards,
Sean Hopkins
Policy Analyst
American Registry for Internet Numbers (ARIN)
Draft Policy ARIN-2019-12: M&A Legal Jurisdiction Exclusion
Problem Statement:
M&A activity sometimes results in a surviving legal entity that is not
in ARIN service region, 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. During restructuring the company
concentrates its holdings in its European subsidiary, and then dissolved
its US legal entity.
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. During restructuring the company concentrates its
holdings which are not in us in the ARIN service region in its European
subsidiary, and then sells off its US legal entity (including the
network, customers, addresses in use, etc) dissolved its US legal entity.
Policy Statement:
Add the following to section 8.2
M&A activity resulting in the surviving legal entity which is not
incorporated in the ARIN service region will be permitted to hold number
resources directly allocated or assigned by ARIN.
Comments:
Timetable for implementation: Immediate
Anything Else This proposal may be overtaken by a more general approach
to ARIN membership legal jurisdiction exclusion
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ARIN-PPML
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