[ncc-services-wg] 2023-03 Voluntary Transfer Lock

Dear Rob, all, 

At the last RIPE meeting in October 2022, a number of Ukrainian members asked for a way to prevent their resources from being transferred, even if a request was submitted that was compliant with RIPE policy. 

As the RIPE policy does not currently give the RIPE NCC the right to reject a compliant transfer request, we expressed our reluctance to take any decisions that would violate the RIPE policies, as this would potentially expose the RIPE NCC to liability and set a dangerous precedent. 

If, for example, a resource holder that has asked the RIPE NCC to restrict their ability to transfer resources later sends a policy-compliant transfer request, we would have a hard time rejecting their request without a relevant RIPE policy. In such a case, the resource holder may accuse the RIPE NCC of not adhering to RIPE policies or delaying the transfer without a solid basis. 

One might argue that the earlier request (to prevent any transfers) accompanied by some form of signed agreement could provide such a solid basis. However, the RIPE NCC cannot enter into agreements that violate RIPE policies or restrict their applicability. Any legal framework the RIPE NCC creates is to facilitate the implementation of RIPE policies, never to violate or restrict them.  

Recognising the time needed to develop a policy and the related PDP timeframes, and the level of support expressed by the RIPE community for a temporary solution, the RIPE NCC Executive Board decided in December 2022 to allow members and End Users (represented by their sponsoring LIRs) to request the prevention of their resources from being transferred for a period of six months, (i.e. until 1 July 2023): 
https://www.ripe.net/about-us/executive-board/minutes/2022/minutes-163rd-executive-board-meeting 

The RIPE NCC Executive Board will review this decision in June. This temporary solution was based on an explicit understanding that the RIPE community would use this time to develop a RIPE policy that provides a more permanent solution. 

Kind regards, 

Athina Fragkouli
Chief Legal Officer 
RIPE NCC