Hello Jordi,
I've reviewed version 3, and there is one thing I've noticed is that point 4 of the questions in the Secretariat Impact Assessment does not appear to have been addressed.
In your proposed text under "11.1.4 Additional conditions for temporary transfers", it states that transfers "are subjected to additional conditions that must be warranted by the transfer contract among the parties" and then lists a number of conditions that must be included as part of a transfer contract between the source and destination members followed by:
The source is responsible for the oversight of those conditions. APNIC will be able to establish operational practices to ensure compliance.
In case of lack of due diligence by a source, even with different temporary transfers or recipients, APNIC will initiate a warning, which, if ignored will trigger the immediate revocation of the resources involved.
As the Secretariat has mentioned, "APNIC cannot enforce the terms of a contract it is not a party to" and this would apply to terms applicable to either the source or destination member. If there is a lack of due diligence by the source member and/or a failure by them to enforce terms of the contract, APNIC cannot revoke the resources for this reason. For APNIC to become a party of a contract to enforce its terms, it would require a review of the contract by its legal team and approval to be sought prior to its execution. This potentially would place a sizeable demand on APNIC's legal team to review every transfer contract.
In it's current form, I do not support the proposal as written. While temporary transfers for the community can be beneficial, we should not use policy to set the terms of contracts between two members. As 11.1.4 would be unenforceable by APNIC without substantial cost and resources (that would potentially detract from other areas of the organisation), I would remove this portion and instead leave it up to the parties of the contract to determine how the agreement should look outside of policy.
Regards,
Christopher Hawker
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