PROCESO DE RECUPERACIÓN DE RECURSOS

The policy identified as LAC-2009-06 approved by the Member Assembly and included in Chapter 7 of the Policy Manual mandates LACNIC to move forward with the implementation of a resource recovery procedure.

This procedure will be triggered when LACNIC finds evidence of the following situations:

1. Lack of visibility of a resource on the global routing table.

2. Evidence that an organization has ceased operations and its resources have not been transferred.

3. Breach of LACNIC policies.

4. Breach of the provisions included in the Registration Service Agreement or other legal agreements between the organization holding a resource and LACNIC or one of its NIRs.

5. Unauthorized transfers according to the provisions of applicable policies.

1. Lack of visibility of a resource on the global routing table

  • LACNIC checks resource visibility on the global routing table using tools created by RIPE NCC and records when each resource was last seen on this table. The resource recovery procedure is triggered when a resource is not seen for a 6-month period.

  • Once the organizations not announcing their resources have been identified, LACNIC will contact them either by phone or via email in order to find out why the resources are not being announced. Some organizations may have delegations that are being used but are not visible on the global routing table. If the organization can justify that this is the case, LACNIC shall consider this satisfactory and the resource recovery process shall end.

  • If the situation is not rectified, LACNIC shall include the affected resources on a public list for a period of six months. During this period, the organization may rectify the situation with LACNIC. After this period, the resource shall be recovered and therefore the records of the previous holder of the recovered resource will be removed from LACNIC's database.

2. Evidence that an organization has ceased operations and its resources have not been transferred

  • LACNIC checks resource visibility on the global routing table using tools created by RIPE NCC and records when each resource was last seen on this table. The resource recovery procedure is triggered when a resource is not seen for a 6-month period.

  • Once the organizations not announcing resources have been identified, LACNIC will contact them either by phone or via email in order to find out why the resources are not being announced.

  • If no contact can be made with the organization, LACNIC will launch an investigation to determine whether the organization still exists. This investigation includes, but is not limited to, checking the registration of any domain names belonging to the organization and looking into bankruptcy records.

  • If evidence is found that the company has ceased to exist, the resource shall be recovered and therefore the records of the previous holder of the recovered resource shall be removed from LACNIC's database.

3. Breach of LACNIC policies

  • When a member organization breaches any of LACNIC's policies, LACNIC shall have the power to recover the affected resources after notifying the organization 10 working days in advance.

4. Breach of the provisions of the Registration Service Agreement or other legal agreements between the organization holding the resource and LACNIC or one of its NIRs

This procedure is initiated as the result of a breach of the Service Agreement. A client invoiced for resource renewal shall be subject to the following payment terms:

  • Payments made between the date on which the invoice is issued and the anniversary date shall receive a 10% discount.

  • If the payment is not made within this period, the client shall have an additional month during which to pay 100% of the invoiced amount.

  • After this first month and up to three months after the date of invoice, a 10% surcharge shall be imposed on the amount payable.

  • Failure to pay after these deadlines have passed shall trigger the resource recovery procedure.

  • Resources assigned to organizations with invoices overdue more than 90 days will be published on LACNIC's website for a period of 6 months before the resources are recovered.

  • Those organizations that settle their accounts during this 6 month period shall be removed from this list and their resources shall not be recovered.

  • If membership fees remain unpaid after 6 months, LACNIC shall issue a formal communication through certified letter sent to the client, specifically to its billing contact, advising that the resources will be recovered unless payment is received within 10 working days after the letter is received by the client.

5. Unauthorized transfers according to the provisions of applicable policies

Unauthorized transfers may occur in the following cases:

  1. Organizations that cease operations and their resources are used by a new organization or by a third party without initiating a transfer process or a resource request.

  2. 2) Mergers, acquisitions or sales among ISPs or End Users that are not properly communicated to LACNIC.

  • Ninety days after the invoice's due date, LACNIC shall launch an investigation to detect whether the origin of the routing announcements has changed. If a change in routing origin is detected, LACNIC shall notify the organization that presumably transferred the resources that, unless the organization can prove that the resources have not been transferred, said resources will be recovered in 10 working days.

  • In those cases where obtaining its contact information is possible, the receiving organization shall also be notified. If LACNIC is unable to obtain the receiving organization's contact information, LACNIC shall not notify the organization that received the resources.