[rpd] Last Call for "AFPUB-2016-V4-003-DRAFT03"

[Omo Oaiya]

> On 4 Jan 2017, at 13:08, ARTHUR CARINDAL <arthur at afrinic.net> wrote:
> 
>> 
>> On 4 Jan 2017, at 13:23, Seun Ojedeji <seun.ojedeji at gmail.com <mailto:seun.ojedeji at gmail.com>> wrote:
>> 
>> On Wed, Jan 4, 2017 at 9:32 AM, Nishal Goburdhan <nishal at controlfreak.co.za <mailto:nishal at controlfreak.co.za>> wrote:
>> 
>> > On 29 Dec 2016, at 16:27, SamiSalih <sami at ntc.gov.sd <mailto:sami at ntc.gov.sd>> wrote:
>> >
>> >
>> > Sorry,
>> > the correct link is
>> >
>> > http://afrinic.net/en/community/policy-development/policy-proposals/1969-ipv4-resources-transfer-within-the-afrinic-region <http://afrinic.net/en/community/policy-development/policy-proposals/1969-ipv4-resources-transfer-within-the-afrinic-region>
>> 
>> i *don’t* understand how an existing member can transfer resources though, especially if this was obtained from afrinic, since the RSA is quite clear, that any afrinic member is meant to surrender their resources back to afrinic if they are not in use.  from my original message:
>> "so i went to the RSA, and found under section 4.c.(iv):
>> “(iv) Hereby binds itself to:
>> (1) notify AFRINIC whenever its circumstances so change that it is no longer in need of the Internet number resources supplied or being  supplied to it under a Registration Service Agreement;
>> 
>> SO: If I recall correctly, this concern was raised during the last PPM and yes if the policy passes last call, my personal view is that its expected that the RSA will be updated to be in sync accordingly.
> 
> 
> The Art 6.d of the RSA stipulates the following
> (d) Acknowledges :
> (i) that this agreement shall at all times be subjected to policies adopted and to be adopted by the AFRINIC Internet Community;
> (ii) that this agreement shall at all times be subjected to such global policies, adopted and to be adopted by all RIRs ,which have first been approved by the AFRINIC Internet Community through its policy development process;
> 
> 
> It implies that if the community adopts a policy (which is its fundamental right), the RSA as it is currently shall be amended or reviewed accordingly. Therefore if the " IPv4 Resource transfer within the AFRINIC Region” is adopted, some Articles or sections in this RSA shall be changed in order to reflect the need and the point of view of the community at the time this policy was written and adopted.
> 
> Regards
> 
> Arthur C.



IANAL either but I don’t read “subjected to” as meaning the RSA needs to be amended or reviewed.  Rather that the RSA is dependent or conditional on AFRINIC policies and global policies that have gone through our PDP.

Happy New Year to you all.

—
Omo Oaiya
CTO/Directeur Technique, WACREN
Mobile: +234 806 4522778, +221 784 305 224
Skype: kodion
http://www.wacren.net



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