Dear SIG members, The proposal "prop-142: Unify Transfer Policies Text" has been sent to the Policy SIG for review.
It will be presented at the Open Policy Meeting (OPM) at APNIC 53 on Wednesday, 02 March 2022. https://conference.apnic.net/53/program/schedule-conference/#/day/10 We invite you to review and comment on the proposal on the mailing list before the OPM. The comment period on the mailing list before the OPM is an important part of the Policy Development Process (PDP). We encourage you to express your views on the proposal: - Do you support or oppose this proposal? - Does this proposal solve a problem you are experiencing? If so, tell the community about your situation. - Do you see any disadvantages in this proposal? - Is there anything in the proposal that is not clear? - What changes could be made to this proposal to make it more effective? Information about this proposal is appended below as well as available at: http://www.apnic.net/policy/proposals/prop-142 Regards, Bertrand, Shaila, and Ching-Heng APNIC Policy SIG Chairs --------------------------------------------------------------- prop-142-v001: Unify Transfer Policies Text ---------------------------------------------------------------- Proposer: Jordi Palet Martínez ([email protected]) Amrita Choudhury ([email protected]) 1. Problem statement -------------------- Presently the transfer policies have been listed separately for different type of number resources. Sections 8.0 to 8.4 of the policy manual contains the text for IPv4 transfers (including Historical Resources), section 11.0 is equivalent for IPv6 transfers (only M&A). and section 13.0 to 13.3, provide equivalent text for ASN transfers. As a result, there is duplication of text in different parts of the manual, which clearly make the reading and interpretation more complex. 2. Objective of policy change ----------------------------- The objective of this proposed change is to ensure there is a single coordinated section for all kind of transfers, reduce the duplication of pieces of text and make it easier for people to access the relevant information. While this change can be done by the secretariat as an editorial change, but seems that they prefer to ensure that the community confirms their acceptance. The proposal IS NOT intended to change the existing transfers policies, so only minor re-wording/re-phrasing is being done in order to shorten the text, avoid duplicities and making it easier to read and interpret. 3. Situation in other regions ----------------------------- Different RIRs have unified the text, but the policy manual in others is separate documents for each policy so that’s not feasible. 4. Proposed policy solution --------------------------- Replace actual Policy sections with: Part 5: Resource Transfers APNIC recognizes that there are situations where resources (IPv4, IPv6, ASN) may need to be transferred. APNIC does not recognize any transfer outside this policy and require organizations holding such transfers to return them to the appropriate IR. The Resource Transfer policies ensure that all transfers are accurately reflected in the APNIC Whois Database. This ensures the integrity of the network and an accurate description of the current state of address distribution. APNIC will maintain a public log of all transfers. In the case of IPv4, addresses delegated from the 103/8 free pool cannot be transferred for a minimum of five years after the original delegation. During that time, if the reason for the original request is no longer valid, the resources must be returned to APNIC as required in Section 4.0. Resource License. 11.0. Intra/Inter-RIR Transfers APNIC will process and record IPv4 and ASN Intra-RIR (between current APNIC account holders) and Inter-RIR Transfers (between current APNIC account holders and organizations in other RIR regions). In the case of Inter-RIR transfers, APNIC will process and record transfers only when the counterpart RIR has a reciprocal policy. 11.1. Conditions on the Resources to be transferred The resource must be: • Under the management of the RIR at which the transfer source holds an account and the authentic holder of the space should match with the source without any disputes. • Delegated to a current RIR account holder. • If the recipient is an APNIC account holder, will be subject to all current APNIC policies from the time of transfer. • In the case of IPv4 resources, the minimum transfer size is a /24. 11.1.1. Historical IPv4 Resources Transfers of Historical IPv4 resources as defined in Section 2.5.2 can optionally follow this policy. In that case, the transfer will be recognized and registered by APNIC. APNIC does not require any technical review or approval of the resource’s current use to approve the transfer. In addition, APNIC does not review any agreements between the parties to a transfer and does not exert any control over the type of agreement between the parties. If the historical Internet resources are not held under a current APNIC account, the recipient entity must verify they are the legitimate holder of the Internet resources. For more information on transferring historical Internet resources, please see the transfer page of the APNIC website. https://www.apnic.net/transfer 11.2. Conditions on the Source of the transfer The conditions on the source of the transfer will be defined by the RIR where the source organization holds an account. This means: • For transfers from an APNIC source, the source entity must be the currently registered holder of the IPv4 address resources, and not be involved in any dispute as to the status of those resources. • Where the source is in another region, the conditions on the source as defined in the counterpart RIR’s transfer policy at the time of the transfer will apply. 11.3. Conditions on the Recipient of the transfer The conditions on the recipient of the transfer will be defined by the RIR where the recipient organization holds an account. This means: • For transfers to an APNIC recipient, the entity will be subject to current APNIC policies. o For IPv4 transfers: - Recipients that do not already hold IPv4 resources must demonstrate a detailed plan for the use of the transferred resource within 24 months. - Recipients that already hold IPv4 resources must: - Demonstrate a detailed plan for the use of the transferred resource within 24 months, - Show past usage rate, and - Provide evidence of compliance with APNIC policies with respect to past delegations. • For ASN transfers the recipient entity must meet the criteria for the assignment of an ASN • Where the recipient is in another region, the conditions on the recipient as defined in the counterpart RIR’s transfer policy at the time of the transfer will apply. 12. Mergers & acquisitions APNIC will process and record the transfer of IPv4, IPv6 and ASN resources as the result of merger or acquisition. 12.1. Updating registration details If an organization changes ownership (due to a merger, sale, or takeover), then the new entity must register any changes to its network usage and contact personnel with APNIC. If the effect of the ownership change is that the name changes, then the organization must provide relevant legal documentation to APNIC supporting the changes. 12.2. Effect on membership agreement If an organization changes ownership then the new entity should update APNIC of the change. APNIC membership is not transferable from one entity to another; however, if the effect of the ownership change is that the organization becomes a subsidiary of another entity, and the infrastructures of the respective entities remain fully independent, then the membership agreement may continue. 12.3. Consequences for delegations Following a change in ownership, APNIC will review the status of any delegations that are held by the new entity or entities, with regard to the practical effect on their infrastructures. If the practical effect of ownership change is that the infrastructures are merged, then APNIC will not continue to make separate allocations to both. This situation will invalidate the membership agreement of the organization that is effectively subsumed. When assessing the status of delegations, APNIC requires full disclosure of all address space held by all of the entities in question. If full disclosure is not made, then APNIC will consider any delegations to be invalid and will require that they be returned. 5. Advantages / Disadvantages ----------------------------- Advantages: It creates a unified transfer policy section that is concise (by shortening the text by almost half) and easy to access. Disadvantages: None. 6. Impact on resource holders ----------------------------- None. 7. References ------------- Nil.
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