Hi Christopher, I disagree with the impact assessment on this point.
If you define in the policy that the contract must include terms a, b, and c, it means the contract must have those terms or will not be valid, and consequently the transfer can’t be done, because it doesn’t follow the policy text. Now, if the contract includes terms a, b and c, but they are ignored by the parties. Then APNIC can warn the source about the lack of compliance with the policy terms (not the contract), and then if the warnings are ignored, could trigger a recovation. This is totally equivalent to what we do in existing policies. What it needs to be understood is that the oversight of the contact is up to the source, but the contact must be previously validated by APNIC as “following the policy”, otherwise the transfer will not be accepted. Obviously a source in good faith will follow the terms, and is the most interested party in ensuring that the recipient follows the contact and the APNIC policies. However this mechanism ensures that in case there is a bad faith source, APNIC can say “too much” and start a recovery, the same way they are able to do with any lack of policy compliance. APNIC mentions the possibility of making a standard contract, like RIPE NCC. I think this is one possibility, or at least, that the contact include some specific clauses written by APNIC but the rest of the contact can be developed by each source (always within the scope of policies compliance), if they wish. Regarding the MANRS compliance, if I’m not wrong, MANRS already has tools to follow compliance, and if this is not the case, it will be easy to develop it by APNIC, even if this means that the policy can’t be implemented in 3 months, or this compliance part takes longer to be implemented. Regards, Jordi @jordipalet > El 5 ago 2024, a las 14:58, Christopher Hawker <[email protected]> > escribió: > > 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 > > _______________________________________________ > SIG-policy - https://mailman.apnic.net/[email protected]/ > To unsubscribe send an email to [email protected] ********************************************** IPv4 is over Are you ready for the new Internet ? http://www.theipv6company.com The IPv6 Company This electronic message contains information which may be privileged or confidential. 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