No objection, support as written. Owen
> On Jun 23, 2020, at 10:39 AM, ARIN <[email protected]> wrote: > > The ARIN Advisory Council (AC) met on 18 June 2020 and decided to send the > following Recommended Draft Policy to Last Call: > > ARIN-2019-12: M&A Legal Jurisdiction Exclusion > > Feedback is encouraged during the Last Call period. All comments should be > provided to the Public Policy Mailing List. Last Call will expire on 8 July > 2020 (accounting for one United States federal holiday). > > The Recommended Draft Policy text is below and available at: > https://www.arin.net/participate/policy/drafts/ > > The ARIN Policy Development Process is available at: > https://www.arin.net/participate/policy/pdp/ > > Regards, > > Sean Hopkins > Policy Analyst > American Registry for Internet Numbers (ARIN) > > > > Recommended ARIN-2019-12: M&A Legal Jurisdiction Exclusion > > AC Assessment of Conformance with the Principles of Internet Number Resource > Policy: > > This policy enables fair and impartial number administration as it provides > clear guidance regarding the impact of merger, acquisition or reorganization > activity to the community. It is technically sound and has community support. > > Problem Statement: > > Merger and acquisition 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 > > Mergers, acquisitions, and reorganization activity resulting in the surviving > entity ceasing to have a real and substantial connection with the ARIN region > shall be permitted to continue holding any numbering resources issued > (directly or indirectly) by ARIN prior to the merger, acquisition or > reorganization activity, but shall not qualify for any additional numbering > resources (directly or indirectly) from ARIN, unless and until it once again > has a real and substantial connection with the ARIN region as required by the > Numbering Resource Policy Manual. > > Timetable for Implementation: Immediate > > Anything Else: > > This proposal may be overtaken by a more general approach to ARIN membership > legal jurisdiction exclusion > > To clarify scope, a legal entity present within the ARIN service region, and > a current ARIN RSA executed with that entity, is necessary to receive > allocations or assignments from ARIN. Therefore in the scenario postulated in > the problem statement, the organization would have to re-establish itself > within the ARIN service region to receive additional resources from ARIN, > while it can continue to hold the allocations or assignments made prior to > any merger, acquisition, or reorganization activity. > > _______________________________________________ > ARIN-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: > https://lists.arin.net/mailman/listinfo/arin-ppml > Please contact [email protected] if you experience any issues. _______________________________________________ ARIN-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: https://lists.arin.net/mailman/listinfo/arin-ppml Please contact [email protected] if you experience any issues.
