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

[Omo Oaiya]

> On 31 Aug 2017, at 21:18, Noah <noah at neo.co.tz <mailto:noah at neo.co.tz>> wrote:
> 
> 
> >> 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.
> >
> > This is not valid if the RSA is subject to policies.   If policies say member can transfer, then policy overrides any provisions of the  RSA with regards to this aspect.
> 
> “This agreement is subject to policies” means “policies can add additional restrictions”; it does not mean that policies can remove restrictions.
> 
> 
> I am not sure I understood your statement above and disclaimer: 'as much as am not a lawyer',  and others in the community could advice but "subject to" means... conditional and being dependent upon something... see [1] [2]
> 
> Therefore IMHO, RSA is subject to policies and that would mean in this case, subject to specifically the ratified policies only,  and for this case the AFPUB-2016-V4-003 "IPv4 Resources transfer within the AFRINIC Region".
> 
> So the modification and wording of the updated RSA, ref: transfers , should be specific to this policy to avoid creating loopholes using the word "transfer" as the only tranfers allowed per policy will be Intra/within/inside Afrinic service region and nothing else.
> 
> 

Noah,

The definitions of legal use of “subject to” you point at is what generally obtains.  I am convinced Alan has misunderstood the legal adviser and that we need him or other legal experts in the community to weigh in explicitly on the meaning of this clause so we don’t go back and forth.

Currently, the "IPv4 Resources transfer within the AFRINIC Region” policy is the exception to the prohibiting clause.   If an Inter-RIR policy were to be passed, it would be yet another exception.   This is the point of the current text as far as I understand it, so no change to the RSA is necessary on this account.

Omo
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