https://afrinic.net/ast/pdf/policy/AFPUB-2019-IPv4-002-DRAFT07.pdf

5.7 IPv4 Resources transfers This policy applies to an organization with justified needs, for IPv4 resources that cannot be satisfied by AFRINIC.

5.7 IPv4 Resources transfers This policy applies to an organization with a justified need for IPv4 resources (recipient) and organizations with IPv4 resources that are no longer needed by that organization (source).

5.7.2.1 The source must be the current rightful holder of the IPv4 address resources in the relevant RIR, and not be involved in any dispute as to the status of those resources.

5.7.2.1 A source must be validated by the applicable source RIR according to their policies and procedures. A source within AFRINIC must be in good standing, be the rightful registrant of the resources to be transferred and there must be no disputes as to the status of said resources.

5.7.2.2 Source entities will not be eligible to receive any further IPv4 address allocations or assignments from AFRINIC.

5.7.2.2 Source entities will not be eligible to receive any further IPv4 address allocations or assignments from AFRINIC. Source entities may, if they can show justified need, receive resources via transfer after a period of not less than 24 months has elapsed from their last outbound transfer.

5.7.3.3 The recipient must be a member of the relevant RIR, subjected to its policies and legal documents/service agreements.

5.7.3.1 Recipient organizations within the AFRINIC service region must be approved with the same policies and procedures as if the request were being satisfied from the AFRINIC pool. 5.7.3.2 Recipients in other RIRs must be approved according to that RIR’s policies and procedures.

5.7.3.4 IPv4 legacy resources will no longer be regarded as legacy resources: * In the case of intra-RIR transfers. * In the case of inter-RIR, when incoming to AFRINIC service region.

In the case of outgoing inter-RIR transfers, the resulting status will depend on the policies in the receiving RIR.

5.7.6 Transparency of Transfers Each time a transfer is completed, the relevant, non-confidential information will be automatically published in a specific web page, including at least: Date of the transfer, transferred resources, source organization and RIR, destination organization and RIR.

5.7.6 Required Disclosure for Transfers Each time a transfer is completed, AFRINIC will publish all related information permitted by the source or recipient, including at least: * Date of the transfer. * Transferred resources. * Source RIR and organization * Recipient RIR and organization.

5.7.8.2 The staff can provisionally suspend any suspicious operation and request more information to all the parties, so the board can take a decision.

5.7.7.2 Staff may request additional information from parties for any transfer deemed suspicious by staff. Afterwards, all available information shall be escalated to the board for a decision to approve the transfer or not.

Source entities may, if they can show justified need, receive resources via transfer after a period of not less than 24 months has elapsed from their last outbound transfer.

5.7.2.2 Source entities will not be eligible to receive any further IPv4 address allocations or assignments from AFRINIC. Source entities may, if they can show justified need, receive resources via transfer after a period of not less than 16 months (twice the window defined by 5.4.5) has elapsed from their last outbound transfer.

5.7.2.3 An organization which has received IPv4 resources from AFRINIC within the preceding 12 months will not be approved as a transfer source.

5.7.2.3 An organization which has received IPv4 resources from AFRINIC within preceding 16 months will not be approved as a transfer source.

5.7.4 Transfer of ASN with IPv4 Resources In the case where the majority of the IPv4 resources are being transferred, any relevant ASN(s) may also be transferred at the same time, if the relevant policies are fulfilled.

5.7.4 Transfer of ASN with IPv4 Resources At the AFRINIC discretion, in the case where over 50% of the IPv4 resources associated with an ASN are being transferred, that ASN may also be transferred at the same time.

5.7.5 Timing for Applicability of Inter-RIR transfers Inter-RIR transfers will be triggered only once AFRINIC enters Exhaustion Phase 2 (as defined in CPM 5.4.3.2).

5.7.5 Required Disclosure for Transfers Each time a transfer is completed, AFRINIC will publish all related information permitted by the source or recipient, including at least:

5.7.6 Required Disclosure for Transfers Each time a transfer is completed, AFRINIC will publish all related information permitted by the source or recipient, including at least:

This doesn’t exclude the publication of the same or other information as a result of the operating agreement among the RIRs.

5.7.1 Recognized transfer types Two types of transfers are recognized: a) Intra-RIR. Both parties are within the AFRINIC service region. b) Inter-RIR. One of the parties is within the AFRINIC service region, while the other is in the service region of another RIR.

Since the policy text does not explicitly mention that resources can be transferred as a result of mergers and acquisitions, staff assume that this policy proposal excludes transfers of IPv4 addresses due to mergers and acquisitions. Author's input is required in this case.

AFPUB-2019-IPV4-002-DRAFT01: IPv4 Inter-RIR Resource Transfers (Comprehensive Scope) Draft 3 | Archived

AFPUB-2019-IPV4-002-DRAFT04: IPv4 Inter-RIR Resource Transfers (Comprehensive Scope) Draft-4 | Archived

Since the policy text does not explicitly mention that resources can be transferred as a result of mergers and acquisitions, staff assume that this policy proposal excludes transfers of IPv4 addresses due to mergers and acquisitions. Author's input is required in this case.

This proposal is not covering M&A, which is already being discussed in another proposal.

5.7.4 Transfer of ASN with IPv4 Resources At the AFRINIC discretion, in the case where over 50% of the IPv4 resources associated with an ASN are being transferred, that ASN may also be transferred at the same time.

Removed text on ASN transfers, which will be a different proposal, so to concentrate on the most urgent problem by now

5.7.6.1 The inter-RIR transfers will be suspended in case the number of outgoing IPv4 addresses exceeds the incoming ones for 6 consecutive months. 5.7.6.2 Staff may request additional information from parties for any transfer deemed suspicious by staff. Afterwards, all available information shall be escalated to the board for a decision to approve the transfer or not.

Removed suspensions, as the board is already able to make that without the need of this text, and community discussion proved that they are no longer worried about this.

AFRINIC Staff Assessment Date of Assessment Relevant to Proposal Aug 2020 AFPUB-2019-IPv4-002-DRAFT04

AFRINIC Staff Assessment (To be available soon)

5.7 IPv4 Resources transfers This policy applies to an organization with a justified need for IPv4 resources (recipients) and organizations with IPv4 resources which no longer need (sources).

The resources to be transferred must be from an existing RIR member’s account or from a Legacy Resource Holder in the AFRINIC service region/other RIRs.

5.7.2.1 A source must be validated by the applicable source RIR according to their policies and procedures. A source within AFRINIC must be in good standing, be the rightful registrant of the resources to be transferred and there must be no disputes as to the status of said resources.

5.7.5 Transfers pre-check Where the source of the transfer is a resource member, AFRINIC will run a pre-check to verify if the resources being transferred were allocated/assigned and used according to the RSA/CPM. The member has to pass the pre-check.

5.7.2.1 A source must be validated by the applicable source RIR according to their policies and procedures.

This proposal allows the successful transfer pre-check to be valid for up to 12 months after the failed transfer; i.e AFRINIC will not initiate a recovery/reclamation process in this period. 4. References

AFRINIC Staff Assessment (To be available soon)

This policy states that after a successful transfer pre-check AFRINIC can’t perform any reviews and audits on this member for a period of 12 months; this can be dangerous as members can decide to violate RSA/CPM within this time without consequences. In case of pre-check failure, can the author clarify if AFRINIC can take the resources back as the member is not compliant

AFRINIC Staff Assessment (To be available soon)

4.0) Implementation The earliest we can implement the same will be in Q4 2022 based on the updated plan. 5.0) Reciprocity with the other RIRs To be confirmed

This proposal is not covering M&A, which is already being discussed in another proposal.

Mergers and acquisitions (inter or intra) are not covered by this policy.

This policy applies to an organization with a justified need for IPv4 resources (recipients) and organizations with IPv4 resources which no longer need (sources).

This policy applies to any entity with a justified need for IPv4 resources (recipients) and entities with IPv4 resources which no longer need (sources).

5.7.3.1 Recipient organizations within the AFRINIC service region must be approved with the same policies and procedures as if the request were being satisfied from the AFRINIC pool.

If the recipient is not yet an AFRINIC member, it will need to sign the RSA and fulfil all the relevant processes to become a member, and consequently, the resources being the subject matter of the transfer will then be covered by the RSA and CPM terms.

Where the source of the transfer is a resource member, AFRINIC will run a pre-check to verify if the resources being transferred were allocated/assigned and used according to the RSA/CPM. The member has to pass the pre-check.

The validity of the pre-check doesn’t limit the RSA/CPM terms in case of further policy violations during the 12 months period (i.e., new CPM or RSA violations).

To address this issue, it is proposed that the burden of conducting such adequate due diligence be placed on both the source holder and the intended recipient, and that AFRINIC’s role should be limited to acting as a facilitator only without bearing any legal responsibility whatsoever in that process.

5.7.6 Due diligence Both the source holder and recipient will be responsible for conducting adequate due diligence with respect to the concerned IPv4 number resources. AFRINIC’s role is limited to acting as a facilitator only, without bearing any legal responsibility whatsoever in that process.

5.0) Reciprocity with the other RIRs To be confirmed

5.0 Reciprocity with the other RIRs APNIC - This version of the proposal is Fully reciprocal and bi-directional ARIN - Draft 7 of this proposal represents a reciprocal, compatible needs-based policy, and as such is compatible with the ARIN Inter-RIR transfer policy. LACNIC - Compatible with LACNIC Inter-RIR policies RIPE NCC - Compatible with RIPE NCC policy

this can be dangerous as members can decide to violate RSA/CPM within this time without consequences.

The author is requested to clarify the reasoning behind 'validity of pre-checks is 12 months