[rpd] Implementation of transfer policy AFPUB-2016-V4-003

[Arnaud AMELINA]

+1

Arnaud.

2017-08-24 15:48 GMT+00:00 Omo Oaiya <Omo.Oaiya at wacren.net>:

> I understand that the agreement is the RSA and it is subject to policies
> as Noah points out, including the clause on mergers. We should check this
> out so it is not left to lay speculation.
>
> -Omo
>
> > On 24 Aug 2017, at 16:38, Alan Barrett <alan.barrett at afrinic.net> wrote:
> >
> > Hi Noah,
> >
> > I am not a lawyer, and this message has not been checked by AFRINIC’s
> legal adviser.  It’s my understanding of the situation.
> >
> > The RSA has a clause that says "this agreement shall at all times be
> subjected to policies adopted and to be adopted by the AFRINIC Internet
> Community”.  “This agreement” means the agreement between AFRINIC and the
> member who signs the RSA.  The member is bound by the RSA that they signed,
> and the RSA says that the member is also subjected to the policies, so the
> end result is that the member must simultaneously follow both the RSA and
> the policies.
> >
> > The RSA also has a clause that says "except in the event of The
> Applicant becoming the subject of merger and/or acquisition proceedings,
> the transfer of number resources is strictly prohibited”.   Even if there’s
> a policy that allows transfers, the RSA prohibits transfers, and the member
> has agreed to follow the RSA, so the member may not make a transfer.
> >
> > The RSA was written at a time when transfers were prohibited, and
> policies to allow transfers had not even been thought of.  It’s now
> necessary to change the RSA to allow transfers, provided the transfers are
> done in accordance with policy.
> >
> >> If I may, what is the final objective of this exercise?
> >>
> >> 1. To make the RSA more superior over the policies?
> >> 2. To make policies comply to the RSA and keep changing RSA before
> adopting policies?
> >
> >
> > The answer is neither 1 nor 2.  The objective is not (1), because
> members already need to comply with both the RSA and the policies.  (Today,
> the only way they can comply with both is by never making a transfer.)  The
> objective is not (2), because changing the RSA before adopting policies
> would be an unreasonable amount of work.  The objective is to remove a
> problem in the RSA, and to do so in such a way that future changes in the
> policies around transfers should not need even more changes to the RSA.
> >
> > Alan Barrett
> >
> >
> >
> >
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>
>
>
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