Resource Transfer

Introduction

IP number resources transfers are permitted within AFRINIC's service region as per the IPv4 Intra-RIR transfer policy (Section 5.7 of the Consolidated Policy Manual) and Mergers and Acquisitions guidelines.

Guide

1.0 Policy Based Transfers

The IPv4 Intra-RIR transfer policy enables organisations from the AFRINIC region that have a valid need for IPv4 addresses to receive IPv4 resources from other organisation(s). Any legitimate IPv4 resource holder,(Resource Members, Legacy Resource Holders) in the AFRINIC service region, that are not using IPv4 resources and willing to transfer IPv4 resources are also eligible to submit a transfer request. Transfers under this policy are limited to only IPv4 addresses and shall help to ensure that IPv4 addresses are correctly registered to those entities that are legitimately using them. Full or partial IPv4 transfers shall be accomodated provided policy conditions are fulfilled by both the Transferor(source) and the Recipient. In addition to the policy conditions, the recipient must also demonstrate their justifiable needs for the IPv4 addresses space to be transferred.

Transfer requests are considered valid requests when initiated from the following platforms:

https://my.afrinic.net for AFRINIC members.
https://apps.afrinic.net/nmrp/ for Legacy resource holders(Transferors) and non-members (recipient - can be Legacy Resource Holder or an organisation that does not hold any resources)

1.1 Evaluation approach

When one party in the transfer initiates the transfer through the recommended platform, the other party is automatically notified of the transfer request and advised on how to confirm their concurrency to the request. After the transfer is acknowledged by the second party, AFRINIC evaluates the transfer based on the IPv4 transfer criteria.

Resource Member accounts (transferor and recipient) must be in good standing before the evaluation can begin. In case the recipient is not an AFRINIC Resource Member, it must first become a member and apply for resource membership before a transfer is executed. All transfers are needs-based according to this policy and therefore recipients will be requested to justify their IPv4 needs.

1.2 Policy Conditions that must be satisfied

Applicable to Transferor (transfer source)

The source must be the current rightful holder of the IPv4 address resources recognized by AFRINIC, and not be involved in any dispute as to the status of those resources.
The Source entities will not be eligible to receive any further IPv4 address allocations or assignments from AFRINIC for a period of 12 months after a transfer approval.
The Source entities must not have received a transfer, allocation, or assignment of IPv4 number resources from AFRINIC for the 12 months prior to the approval of transfer request. This restriction excludes mergers and acquisitions transfers.

Applicable to Transfer Recipient

Must first go through the process of justifying its IPv4 resource needs before AFRINIC. That is to say, the organization must justify and demonstrate before AFRINIC its initial/additional allocation/assignment usage, as applicable, according to the policies in force.
The recipient must be an AFRINIC member, subject to current AFRINIC policies and must sign the Registration Services Agreement for resources being received.
Transferred IPv4 legacy resources will no longer be regarded as legacy resources.

1.3 Transfer Application Form

Both source and recipients of a transfer shall sign the transfer application form. The form can be signed at any moment during the transfer request evaluation period, AFRINIC expects to have a signed agreement by the time the evaluation is concluded. No transfer will be completed/executed in the absence of a signed transfer application Form.

1.4 Registration Service Agreement

Both Transferor and Recipient shall sign the latest Registration Service Agreement (RSA).Older versions of the RSA prohibited transfers, so it is essential that the latest version (dated 27 November 2017 or later) is signed by both Transferor and Recipient.

1.5 Applicable Fees

Transfers shall be executed only after all applicable fees have been paid, as shown in the latest version of the AFRINIC fee schedule (available here).At the time of writing (February 2018), the fee requirements are:

For a transferor who is an AFRINIC member, the transferor must be in good standing (with no outstanding unpaid invoices).
For a transferor who is a legacy space holder and not an AFRINIC member, no fee is payable.
For a recipient who becomes a new AFRINIC member, the recipient must pay the annual membership fee and once-off allocation/assignment fee, based on the size of the transfer
For a recipient who is already an AFRINIC member, the recipient must be in good standing (with no outstanding unpaid invoices), and the recipient must pay the once-off allocation/assignment fee based on the size of the transfer.

1.6 Transfer Statistics

AFRINIC will publish a list of all executed transfers on the AFRINIC website - http://www.afrinic.net

This list will contain information about approved changes. The following information will be published:

The name of the offering party (Transferor)
The resource originally held by the offering party (Transferor)
The name(s) of the receiving party (Recipient)
The date each resource was transferred
Whether it was a policy based transfer or a transfer due to merger or acquisition

A transfer log will also be published on http://ftp.afrinic.net/pub/stats/afrinic/transfers

1.7 Record keeping with AFRINIC

All Resource Members are responsible for proper record maintenance with AFRINIC, including:

Legal Organization name
Contacts information
Valid IP address assignments and sub-allocations, route objects
Reverse DNS maintenance
Payment of annual membership fees and/or any late payment penalty fees

1.8 The Transfer Procedure

Any holder of Internet number resources can transfer IPv4 resources to another party, provided:

The resources are registered in the AFRINIC service region (more information about AFRINIC's IPv4 intra-RIR transfers)
The recipient should justify their IPv4 resource needs.

Minimum transferable IPv4 space is a /24 for end-site recipients and /22 for LIR recipients as per current policies.

To Get Started With the Transfer

To get started with a transfer of Internet number resources, please read and choose a scenario below that is applicable in order to submit your request :-

1.8.1 AFRINIC Resource Member wants to transfer to another organisation

Log in to https://my.afrinic.net
Go to Resources then Resource Transfers
Fill the form appropriately and submit
Sign the transfer application form

1.8.2 Non-member( e.g Legacy Resource Holder) wants to transfer to another Organisation

Go to https://apps.afrinic.net/nmrp/
Register to get your log in details
Log in to the same portal
Select transfer resources
Fill the transfer form appropriately and submit
Sign the transfer application form

1.8.3 AFRINIC member wants to initiate the transfer as a recipient

Log in to https://my.afrinic.net
Go to Resources then IPv4 Resource
Click on "Request New Allocation" or "Request New Assignment"
Select "Resource Transfer" as Source
Fill the form appropriately and submit
Sign the transfer application form

1.8.4 Non-AFRINIC member wants to initiate the transfer as a recipient

Go to https://apps.afrinic.net/nmrp/
Register to get your log in details
Log in to the same portal
Select New Member Registration
Fill the transfer form appropriately and submit
Sign The RSA
Sign the transfer application form

Archives containing a history to this policy can be accessed at the following links:

Resource Policy Discussion forum archives: https://lists.afrinic.net/pipermail/rpd
Videos of the Public Policy Meetings: https://www.youtube.com/user/AfriNICMedia/videos

2.0 Transfers Due to Mergers, Acquisitions, or Consolidations

If your organisation acquired assets (such as customers and equipment) from another organisation via an acquisition or merger, and those assets are using IP resources that were obtained from AFRINIC, you may request a transfer of those resources. AFRINIC will proceed with processing transfer requests based on the mergers and acquisitions document available on its website. AFRINIC will assess the IP utilisation and relevant documentation regarding the merger, acquisition or consolidation. In event of verified inefficient IP utilisation,AFRINIC will work with the resource holder(s) to transfer the required number resources to the other organization(s) and voluntary return of the extra number resources to AFRINIC.

To get started with a transfer of Internet number resources due to mergers and acquisitions, please identify and follow an option below that suit you.

2.1 Non-member(e.g Legacy Resource Holder) wants to transfer to another Organisation (merger or acquisition)

Go to https://apps.afrinic.net/nmrp/
Register to get your log in details
Log in to the same portal
Select "merger and acquisition"
Fill the transfer form appropriately and submit

2.2 AFRINIC member wants to initiate merger or acquisition as a recipient

Log in to https://my.afrinic.net
Go to Resources then IPv4 Resource
Click on "Request New Allocation" or "Request New Assignment"
Select "merger and acquisition" as Source
Fill the form appropriately and submit

2.3 Non-AFRINIC member wants to initiate merger and acquistion as a recipient

Go to https://apps.afrinic.net/nmrp/
Register to get your log in details
Log in to the same portal
Select New Member Registration
Fill and submit the membership request
Sign The RSA

2.4 Requirements

The new organization must provide evidence that they have acquired the assets that use the resources to be transferred in one or more of the following forms:

a. Clarify the type of change:

A takeover of one member by another member, closing one of the member organizations.
A takeover of a member by a non-member organization.

b. Outline the details of the change, stating:

The reason for the change of organization.
The name of the company/companies involved.
The number of members affected by the change.
The org-handles(s) of the member organizations affected by the change.

c. Present the following documents to AFRINIC:

Confirmation from all parties agreeing to the change (See section 2.3 of the mergers and acquisitions guidelines).
Updated list of contact person(s) (See section 2.4of the mergers and acquisitions guidelines).
Updated billing e-mail contact details, including any changes to the VAT number

(For companies located In Mauritius)

A new Registration Services Agreement, if applicable (See section 2.2 of the mergers and acquisitions guidelines).
Legal documentation supporting the name change, if applicable (See section 2.2of the mergers and acquisitions guidelines).
Overview of utilization in all allocations (See section 2.6of the mergers and acquisitions guidelines).

If multiple transactions connect the old and new organisations, documentation will be required for each transaction. You are welcome to redact any financial or otherwise sensitive information. If necessary, AFRINIC has a standard nondisclosure agreement under section 4(d) of the Registration Services Agreement (RSA).

Note: If your organisation has undergone a legal name change that was not part of a merger, acquisition, or reorganization, you can update your record by contacting service-support@afrinic.net

Mergers, Acquisitions, Takeovers, Closures

Abstract

This document provides guidelines to Local Internet Registries (LIRs) and End-User Organisations on the steps to take when the organisation changes ownership (due to a merger, sale or takeover) or stops serving entirely as an LIR.

1.0 Introduction

When an AFRINIC member organization changes ownership status or stops serving as an LIR, there are financial, IP address space and AFRINIC Database issues that need resolving. Therefore, AFRINIC must always be contacted when a member changes ownership or closes.

2.0 Ownership Change

In the case of ownership change, the member organization should contact AFRINIC at hostmaster@AFRINIC.net or by fax on +230 4666758. Only registered contact person(s) for that organisation can discuss the change of ownership with AFRINIC. The following initial steps are required to start doing any kind of changes.

a. Clarify the type of change:

A takeover of one member by another member, closing one of the member organizations.
A takeover of a member by a non-member organization.

b. Outline the details of the change, stating:

The reason for the change of organization.
The name of the company/companies involved.
The number of members affected by the change.
The org-handles(s) of the member organizations affected by the change.

c. Present the following documents to AFRINIC:

Confirmation from all parties agreeing to the change (See section 2.3).
Updated list of contact person(s) (See section 2.4).
Updated billing e-mail contact details, including any changes to the VAT number

(For companies located In Mauritius)

A new Registration Services Agreement, if applicable (See section 2.2).
Legal documentation supporting the name change, if applicable (See section 2.2).
Overview of utilization in all allocations (See section 2.6).

2.1 IP Address Space

Following any type of change (such as mergers, acquisitions or takeovers) of a member organization operating, AFRINIC will review the status of any IP address allocations that are held by all the members involved.

According to current policy, all allocated resources remain valid as long as the original criteria for which those resources were issued are still in place. Following this policy guideline, AFRINIC must ensure that for each merger and/or takeover, the resulting organization is planning to continue using the allocated/assigned number resources for the original criteria under which these resources were issued. In light of this, AFRINIC may require the following documentation from the resulting organization:

a. License from the local telecommunications regulator or equivalent to operate as an ISP for the new organization. (Where necessary),

b. Documentation showing proof of allotted operating frequencies from the local Telecommunications regulator (also where necessary),

c. Company registration documents from the appropriate body.

d. Contracts between new organization and upstream connectivity providers.

e. Any legal or public information about the mergers and continuity of Internet Services,

f. Any other documentation that AFRINIC will deem necessary to complete the process.

g. An uppdated address plan for the merged Infrastructure (where necessary).

2.2 Registration Services Agreement (RSA).

When a member organization changes ownership, a new service agreement may need to be signed. AFRINIC will need to request a new Registration Service Agreement (RSA) from the new owners if the member organization changes the legal name from that appearing in our records. The registration documentation from the relevant Chamber of Commerce or its country equivalent, supporting the name change must be submitted to AFRINIC.

If the member organization does not change its name, it can continue to operate under the same RSA. If the merger results into a change of membership type, a new membership form will have to be submitted to AFRINIC, and this should show the new type (Usually LIR or EU).

2.3 Change in Operating Organisation

In the case where a member organization takes over one or more member organizations, confirmation of the takeover from all parties involved or their legal representatives must be included.

2.4 Contact Person(s)

It is very important to notify AFRINIC, if there is a change of contact person(s). This is essential, as only registered contact person(s) can submit Internet resource requests to AFRINIC and provide updates to our internal registry files. If there are no current registered contacts remaining with the member organization, a fax signed by a senior administrative authority on the organization's letterhead is required to implement these changes. The changes should include the new registered contact person(s) for the member organization.

2.5 org-handle

It is not necessary to obtain a new Organization Handle (org-hdl) if the name of the member organization hasn't changed. The org-handle is an identifier used by AFRINIC to distinguish the various members. It does not have to correspond to the legal name of the member.

2.6 Transfers of Address Allocations

All transfers of address allocations from one member to another (or to a non-member) require evaluation and approval by AFRINIC. It is expected that all database objects relating to this allocation be correct and up-to-date before the transfer occurs.

2.7 Administrative Fees

There are no administrative fees involved in handling mergers and related tasks. However, all current outstanding invoices for the members involved in the process will have to be paid in full before AFRINIC can start the process.

3.0 Closing an member organisation/LIR.

In the case of a closure, AFRINIC should be contacted at least 1 month prior to the required closure date. Only registered member contact person(s) can discuss a closure of an organization with AFRINIC. In case of bankruptcy, the court-appointed administrator may take over these responsibilities.

To cease operations, a member is required to take the following four steps:

a. Send AFRINIC a written request to officially close the membership. State the reasons for closure and the intention to return the unassigned address space.

b. Provide AFRINIC with documentation of all IP assignments made from address space allocated by AFRINIC.

c. Provide a list of any End Users that have expressed a need to keep their assigned IP address space. Contact information such as e-mail addresses of these End Users should be included. (See section 3.7)

d. Verify that the contents of the AFRINIC Database are up-to-date. A closing member is responsible for removing any objects entered by them in the AFRINIC Database that are no longer valid. Please send a confirmation to AFRINIC that all obsolete and invalid objects have been removed, or if any other help is required (See section 3.8)

3.1 Further Assignments

A closing member is not allowed to make any further assignments from its address space allocations.

3.2 Finance

A member will continue to be billed for services until a formal request to be closed is sent by a registered contact person along with all paperwork until AFRINIC approves the merger.

3.3 Transfers of Address Allocations from a Closing LIR

If a member wishes to transfer IP address allocations to another existing member organization, they must provide documentation about all assignments to the member receiving the transferred allocation. As outlined above, all transfers require approval by AFRINIC and all database objects must be valid and up-to-date.

3.4 End Users Keeping Address Assignments

A closing LIR should always encourage its End Users to renumber into an address allocation held by another LIR. This way, customer assignments can then be routed as part of the other LIR's allocation.

3.5 Continued Internet Connectivity to End Users

The End Users cannot continue to use the address space already assigned to them by the closing LIR. Assignments made by an LIR that has been closed are invalid as the full allocation would have to be returned to the unused number resource pool.

3.6 Database Responsibilities

Members are responsible for the accuracy of the data they enter into the AFRINIC Database. In the case of a closure , the member should remove any objects in the AFRINIC Database that are no longer valid. This includes inetnum and domain objects with obsolete information. In case where End Users of an LIR keep the address space assigned to them after the LIR closes, the LIR maintainer in the database objects representing these assignments needs to be removed and replaced by the AFRINIC maintainer. The LIR should provide AFRINIC with a list of relevant database objects agreeing to AFRINIC overwriting the current LIR's maintainer.

3.7 Unassigned Address Space

Unassigned address space will be returned to AFRINIC and will revert back to the public pool of IP address space. It can be assigned or allocated by AFRINIC as necessary. Should the member decide to close and reopen at a later date, all formal steps required to become an AFRINIC member must be re-done. All reclaimed addresses are quarantined for a period of 2 years before they can be allocated to another entity.

4.0 When an LIR is Closed by AFRINIC

AFRINIC may decide to close a member that stops paying its bills and/or cannot be contacted by AFRINIC for a significant period of time. Furthermore, if a member consistently violates the policies established by the Internet Assigned Numbers Authority (IANA) or the community at large, in spite of multiple warnings, such a member may be closed. There are internal guidelines followed by AFRINIC towards closure of members

Last Modified on - 18 October 2020