----------------------------------------------------------------------- APNIC Document identity Title: APNIC transfer, merger, acquisition and takeover policy Short title: transfer-policy Document ref: APNIC-123 Version: 001 Date of original publication: 10 February 2010 Date of this version: 10 February 2010 Review scheduled: n/a Obsoletes: n/a Status: Obsolete Comments: n/a ----------------------------------------------------------------------- APNIC transfer, merger, acquisition, and takeover policy About this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 2.1 Local Internet Registry (LIR) 2.2 Final /8 2.3 Current resources 2.4 Historical resources 3. Transfers of IPv4 addresses 3.1 Conditions on the IPv4 address block 3.2 Conditions on source of the transfer 3.3 Conditions on recipient of the transfer 4. Transfer of historical Internet resources 4.1 Application of this policy is optional 4.2 Transfer procedure 4.3 Policies applicable to transferred resources 5. Mergers, acquisitions, and takeovers of LIRs 5.1 Updating registration details 5.2 Effect on membership agreement 5.3 Consequences for allocations 5.4 Closure of LIRs 1. Introduction ------------------- APNIC recognizes there will be situations where IPv4 resources may be transferred between: * Current APNIC account holders * 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. 2. Definitions ------------------ 2.1 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. 2.2 Final /8 When APNIC reaches a threshold of no more than one /8 in the unallocated APNIC IPv4 address pool, allocation policies applying to that remaining space will change. This last block of IPv4 addresses is known as the "final /8". For more information on these policy changes affecting the final /8, see section 9.10 of Policies for IPv4 address space management in the Asia Pacific region: http://www.apnic.net/policy/add-manage-policy 2.3 Current resources Current resources are Internet resources registered by APNIC under explicit policies and agreements. Resources include public IPv4 and IPv6 addresses, Autonomous System numbers, and reverse DNS delegations. 2.4 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 to APNIC as part of the migration is available at: 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 at: 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. 3. Transfers of IPv4 addresses ---------------------------------- APNIC will process and record IPv4 address transfer requests between current APNIC account holders subject to the following conditions. 3.1 Conditions on the IPv4 address block The minimum transfer size is a /24. The address block must be: * In the range of addresses administered by APNIC * Allocated or assigned to a current APNIC account holder The address block 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 a current APNIC account holder * Must be the currently registered holder of the IPv4 address resources, and not be involved in any dispute as to the status of those resources * Will be ineligible to receive any further IPv4 address allocations or assignments from APNIC for a period of 12 months after the transfer, or until the exhaustion of APNIC's IPv4 space (that is, until the commencement of the use of the "final /8" resources), whichever occurs first. Under exceptional circumstances a member may submit an application for further assignments or allocations earlier than the expiration of this period. The APNIC Secretariat will monitor these exceptional requests carefully and publish comprehensive statistics on a regular basis. Without identifying any member organization, these statistics will record the numbers of requests and the outcome, the economy that the requests come from and clearly identify if any member has made more than one request under this provision. 3.3 Conditions on recipient of the transfer The recipient entity: * Must be a current APNIC account holder. * Will be subject to current APNIC policies. In particular, in any subsequent APNIC IPv4 address allocation request, the recipient will be required to account for the efficient utilization of all IPv4 address space held, including all transferred resources. Prior to the exhaustion of APNIC's IPv4 space (that is, prior to the use of the "final /8" allocation measures) recipients of transfers will be required to justify their need for address space. After this time there is no requirement for any form of evaluation of requirements for eligibility. APNIC will maintain a public log of all transfers made under this policy. 4. Transfer of historical Internet resources ------------------------------------------------ 4.1 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. http://www.apnic.net/publications/guidelines/historical-transfer 4.2 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: http://www.apnic.net/services/manage-resources 4.3 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 at: http://www.apnic.net/publications/guidelines/historical-transfer 5. Mergers, acquisitions, and takeovers of LIRs --------------------------------------------------- 5.1 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. 5.2 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. 5.3 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. 5.4 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 in these ways, see Transfer resources on the APNIC website. http://www.apnic.net/publications/guidelines/historical-transfer