| Secretariat impact assessment |
Impact assessment for v003.
The Secretariat notes that this proposal suggests a policy modification that would allow for temporary transfers between account holders (applying to intra-RIR transfers, e.g. APNIC and NIR account holders, but not inter-RIR transfers, e.g. APNIC to another RIR).
Questions/Comments:
- The Secretariat notes that temporary transfers under the proposal would inherit the conditions under section 11.1.2. of the APNIC Internet Number Resource Policies, being “Conditions on the source of the transfer”.
- The Secretariat notes that under the redrafted proposal the source will be responsible for oversight of the criteria set out in section 11.1.4, however APNIC ‘will be able to establish operational practices to ensure compliance’. Given enforcement actions taken by APNIC in accordance with such operational practices may encroach on the responsibilities of the source and thereby increase APNIC’s liability, it is unclear how it is proposed that APNIC ensure compliance with section 11.1.4, especially in the event of a dispute between the parties. The Secretariat will need to develop procedures and additional conditions (for example under a template transfer agreement) to account for numerous situations which may arise, such as:
- where there is a disagreement between the source and recipient, such as:
- source requests cancellation but the recipient declines, or if the recipient requests a transfer extension but the source declines; or
- source alleges a breach of policy regarding compliance with MANRS best practice or the correct updating of IRR and geolocation.
- the treatment of the resources if the source and/or recipient’s account is closed for any reason (non-payment, company deregistered etc.).
- if the source account is acquired (such as under a merger or acquisition scenario) and the acquiring account holder requests to transfer all their resource to another account, including any temporary transferred resources.
The time required to consider such scenarios and develop appropriate conditions and procedures has been factored into the Implementation period set out below.
- The Secretariat requests clarification of the meaning of the following sentence in section 11.1.4 – “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.” It is unclear what is meant by:
- “lack of due diligence by the source”, is this intended to reference where the source fails to adequately monitor the criteria in section 11.1.4?
- “even with different temporary transfers or recipients” the meaning here is unclear.
- “APNIC will initiate a warning” this suggests that APNIC will still be required to enforce the criteria set out in section 11.1.4 rather than the source.
- “trigger the immediate revocation of the resources involved” is this intended to refer to the revocation of the temporary transfer or the revocation of the resources from the original source, such that they are returned to the free pool for redelegation?
Implementation:
This proposal may require changes to APNIC systems, internal policy, procedures, and agreements. If this proposal reaches consensus, implementation may be completed within twelve (12) months.
Impact assessment for v001.
APNIC notes that this proposal suggests a policy modification that would allow for temporary transfers between account holders (applying to intra-RIR transfers, e.g. APNIC and NIR account holders, but not inter-RIR transfers, e.g. APNIC to another RIR).
Questions/Comments:
- APNIC would like to remind the community that the current policy outlined in Section 11.1.2. “Conditions on the source of the transfer” which applies to ‘permanent’ transfers would also apply to ‘temporary’ transfers if this proposal reaches consensus.
- Based on the current wording of the APNIC Fee Schedules, Transfer Fees would be applicable to the temporary transfers.
- The intent of the proposed text appears to be that APNIC update the existing transfer log to include temporary transfers, however this would change the meaning of the file in a fundamental way that will likely cause problems for some clients (mainly because an entry in that log no longer represents a permanent transfer). APNIC suggests that the temporary transfers should be logged separately from permanent transfers for this reason.
- The proposal suggests that the transfer contract “include terms of transfer cancellation in case of usage of the resources for network abuse.” If the intention is that APNIC revoke resources for network abuse, APNIC will not be able to do so under this provision as APNIC cannot enforce the terms of a contract it is not a party to.
- Does the author propose that APNIC will implement a temporary transfers agreement template and standardised the process in a similar way to RIPE NCC?
- Ensuring compliance with MANRS practices would require APNIC to monitor and enforce policies overwhich it has no control. How does the author propose APNIC ensure compliance with ‘11.1.4. Additional conditions for temporary transfers’, especially “The recipient must follow MANRS best practices.”?
Implementation:
This proposal may require changes to APNIC systems. If this proposal reaches consensus, implementation may be completed within three months.
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