APNIC transfer, merger, acquisition, and takeover policy

APNIC Document identity
Title:	APNIC transfer, merger, acquisition and takeover policy
Short title:	transfer-policy
Document ref:	APNIC-123	Version:	005
Date of original publication:	10 February 2010	Date of this version:	16 April 2014
Review scheduled:	n/a	Obsoletes:	apnic-123v004
Status:	Obsolete	Comments:	Obsoleted by apnic-127

About this document

This document describes current APNIC policies for the transfer
of resources.

This document should be read in conjunction with other APNIC
documents, including those dealing with membership and
fees.

Table of contents

1.
Introduction
2. Definitions

3. Transfers of IPv4
addresses and AS numbers between APNIC account holders

4. Inter-RIR IPv4 address
and AS number transfers

5.
Transfer of historical Internet resources

6.    Mergers,
acquisitions, and takeovers of LIRs

1.
Introduction

APNIC recognizes there will be situations where IPv4 resources
may be transferred between:

• Current APNIC account holders
• Current APNIC account holders and organizations in other RIR
  regions(s)
• Holders of historical IPv4 addresses without an APNIC
  account to current APNIC Members
• Organizations through a merger, acquisition, or
  takeover.

The policies in this document ensure that all transfers of IPv4
address space 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.

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2.
Definitions

2.1 Regional Internet
Registry

Regional Internet Registries (RIRs) are established under the
authority of IANA to serve and represent large geographical regions.
Their primary role is to manage, distribute, and register public
Internet address space within their respective regions. Currently, there
are five RIRs: AfriNIC, APNIC, ARIN, LACNIC, and the RIPE
NCC.

2.1.1 Counterpart RIR

A counterpart RIR is the Regional
Internet Registry that APNIC transfers the IPv4 address space to, or
from, in an inter-RIR IPv4 transfer.

2.2 Local Internet
Registry (LIR)

A Local Internet Registry (LIR) is generally an Internet
Service Provider (ISP), and may assign address space to its own network
infrastructure and to users of its network services. LIR customers may
be other "downstream" ISPs, which further assigns address space to their
own customers.

2.3
Source

The source in a resource transfer is the organization which,
prior to the transfer, is the legitimate holder of the resources to be
transferred. Where the source is in the APNIC region, the source must be
a current APNIC account holder. Where the source is from another RIR
region, it must be that RIR's equivalent to the "source" as defined
here.

2.4
Recipient

The recipient in a resource transfer is the organization which,
after the transfer is completed, will be the legitimate holder of the
resources to be transferred. Where the recipient is in the APNIC region,
the recipient must be a current APNIC account holder. Where the
recipient is from another RIR region, it must be that RIR's equivalent
to the "recipient" as defined here.

2.5 Current
resources

Current resources are Internet resources registered by APNIC
under explicit policies and agreements. Resources include public IPv4
addresses, IPv6 addresses, and Autonomous System numbers.

2.6
Historical resources

Historical resources are Internet resources registered under
early registry policies without formal agreements and include:

• Registrations transferred to APNIC as part of the AUNIC to
  APNIC migration
• • Some historical resource registrations have been
    inherited by APNIC from the former AUNIC address registry. A list of
    resources transferred as part of the AUNIC to APNIC migration is
    available on the APNIC website.
    http://www.apnic.net/db/aunic

• Registrations transferred as part of the Early Registration
  Transfer (ERX) project
• • Most historical registrations were initially made by the
    global registries that predated ARIN, such as DDN-NIC, SRI-NIC, and
    InterNIC. ARIN inherited these registrations automatically when it was
    established. Historical registrations made to organizations in the APNIC
    region were transferred to APNIC during 2003 and 2004 as part of the
    RIRs' Early Registration Transfer (ERX) project. A list of
    resources transferred to APNIC as part of the ERX
    project is available on the APNIC website.
    http://www.apnic.net/erx

• Historical APNIC resources
• • Historical APNIC resources were delegated to
    organizations by APNIC prior to the introduction of a membership
    structure. These resources have always been registered in the APNIC
    Whois Database, but if the resource holder did not become an APNIC
    Member at any time after the introduction of the membership structure,
    the resources were not made subject to current APNIC
    policies.

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3. Transfers of IPv4 addresses and
AS numbers between APNIC account holders

APNIC will process and record IPv4 address and ASN transfer
requests between current APNIC account holders subject to the following
conditions.

3.1
Conditions on the resources to be transferred

The minimum size for an IPv4 transfer is a /24.

The resources must be:

• In the resource ranges administered by APNIC
• Allocated or assigned to a current APNIC account
  holder
• The resources will be subject to all current APNIC policies
  from the time of transfer.

3.2
Conditions on source of the transfer

The source entity must be the currently registered holder of
the resources, and not be involved in any dispute as to the status of
those resources.

3.3 Conditions on recipient of
the transfer

The recipient entity will be subject to current APNIC
policies.

Recipients of AS number resources must meet the criteria for
normal assignment of ASNs.

Recipients that do not
already hold IPv4 resource 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.

APNIC will maintain a public log of all IPv4 transfers made
under this policy.

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4.    Inter-RIR IPv4 address and AS
number transfers

APNIC will recognize inter-RIR IPv4 address and ASN transfers
only when the counterpart RIR has an inter-RIR transfer policy that
permits the transfer of those resources between APNIC and its own
region.

APNIC will process and record transfer requests between current
APNIC account holders and resource holders in other RIR regions subject
to the following conditions.

4.1    Conditions on the resources
to be transferred

The minimum transfer size for inter-RIR IPv4 address transfers
is stipulated in Section 3.1 of this policy.

The resource should be under the management of
the RIR at which the transfer source holds an account and the authentic
holder of the resource should match with the source without any
disputes.

4.2    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 conditions defined
  in Section 3.2 will apply.
• 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.

4.3    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 conditions defined
  in Section 3.3 will apply.
• 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.

5. Transfer
of historical Internet resources

5.1
Application of this policy is optional

If historical resources are transferred to an APNIC member,
there is the option to make the transfer under the conditions described
in this policy. Transfers of Internet resources to current APNIC account
holders are purely optional. For information on the different types of
transfers available, please see Guide to the
transfer of historical Internet resources.

5.2
Transfer procedure

All transfers of historical resources to current APNIC account
holders made under this policy are 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.

To transfer historical resources, the following steps take
place:

1. The APNIC Member submits the Historical transfer application
   form
2. APNIC verifies the existing holder of the
   resources
3. The existing holder of the resources provides documents
   confirming the transfer to the APNIC member
4. APNIC transfers the resources to the APNIC member's
   account.

You can find more about the transfer of historical resources in
the Manage Resources section of the
APNIC website.

5.3
Policies applicable to transferred resources

All resources transferred under this policy are subject to the
provisions of all normal address management policies. In particular,
future address requests from the member must document the use of
transferred resources as a part of the member's current resource
holdings.

For more information on transferring historical resources,
please see Guide to the transfer of historical
Internet resources.

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6. Mergers, acquisitions, and
takeovers of LIRs

6.1
Updating registration details

If an LIR changes ownership (due to a merger, sale, or
takeover), then the new entity must register any changes to its network
usage and contact personnel. If the effect of the ownership change is
that the LIR changes name, then the LIR must provide to APNIC relevant
legal documentation supporting the name change.

6.2
Effect on membership agreement

If an LIR changes ownership then the new entity should advise
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 LIR becomes a subsidiary of another entity, and the
infrastructures of the respective entities remain fully independent,
then the membership agreement may continue.

6.3
Consequences for allocations

Following ownership change of an LIR, APNIC will review the
status of any allocations 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 LIR that is effectively subsumed.

When assessing the status of allocations, 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
allocations to be invalid and will require that they be
returned.

6.4 Closure of
LIRs

If an LIR holding current APNIC resources ceases to provide
Internet connectivity services, all of its current resources (this
includes IPv4, IPv6 and AS numbers) must be returned to APNIC. It is the
responsibility of the LIR (or any liquidator or administrator appointed
to wind up the member's business) to advise all of its customers that
address space will be returned to APNIC, and that renumbering into new
address space will be necessary.

In the case that a new LIR takes over the business or
infrastructure of the closed LIR, the existing address space may be
transferred to the new LIR, however such a transfer is subject to
re-examination by APNIC and may be treated as a new address request
process.

For more information on transferring resources, see the Transfer resources page on the APNIC
website.