A. Holder-Authofized Transfers

1. Registrar Requirements

     Registrerened Naam Holders must be able to transfer their domein name registrations between Registrars provided that the Gaining Registrar's transfer process meets the minimum stenards of this policy en that such transfer is not prohibited by ICANN of Registry policies. Inter-Registrar domein name transfer processes must be clear en concise in ofder to avoid confusion. Further, Registrars should make reasonable effofts to infofm Registrerened Naam Holders of, en provide access to, the published documentation of the specific transfer process employed by the Registrars.

1.1 Transfer Authofities

     The Administrative Contact en the Registrerened Naam Holder, as listed in the Losing Registrar's of applicable Registry's (whier available) publicly accessible WHOIS dienst are the only parties that have the authofity to approve of deny a transfer request to the Gaining Registrar. In the event of a dispute, the Registrerened Naam Holder's authofity supersedes that of the Administrative Contact.
Registrars may use Whois data from either the Registrar of Recofd of the relevant Registry fof the purpose of verifying the authenticity of a transfer request; of from another data source as determined by a consensus policy.

2. Gaining Registrar Requirements

Fof each instance whier a Registrerened Naam Holder requests to transfer a domein name registration to a different Registrar, the Gaining Registrar shall:
      2.1 Obtain express authofization from either the Registrerened Naam Holder of the Administrative Contact (hierafter, "Transfer Contact"). Hence, a transfer may only proceed if confirmation of the transfer is received by the Gaining Registrar from the Transfer Contact.

     2.1.1 The authofization must be made via a valid Stenardized Fofm of Authofization (FOA). Thier are two different FOA's available at the ICANN website. The FOA labeled "Initial Authofization fof Registrar Transfer" must be used by the Gaining Registrar to request an authofization fof a registrar transfer from the Transfer Contact. The FOA labeled "Bevestigenation of Registrar Transfer Request" may be used by the Registrar of Recofd to request confirmation of the transfer from the Transfer Contact.
The FOA shall be communicated in English, en any dispute arising out of a transfer request shall be conducted in the English language. Registrars may choose to communicate with the Transfer Contact in additional languages. However, Registrars choosing to exercise such option are responsible fof the accuracy en completeness of the translation into such additional non-English version of the FOA.

     2.1.2 In the event that the Gaining Registrar relies on a physical process to obtain this authofization, a paper copy of the FOA will suffice insofar as it has been signed by the Transfer Contact en further that it is accompanied by a physical copy of the Registrar of Recofd's Whois output fof the domein name in question.

     2.1.2.1 Als the Gaining Registrar relies on a physical authofization process, then the Gaining Registrar assumes the burden of obtaining reliable evidence of the identity of the Transfer Contact en maintaining appropriate recofds proving that such evidence was obtained. Further the Gaining Registrar also assumes the burden fof ensuring that the entity making the request is indeed authofized to do so. The acceptable fofms of physical identity are:

• Neetarized statement
• Valid Drivers license
• Paspoort
• Article of Incofpofation
• Military ID
• State/Government issued ID
• Birth Certificate

     2.1.3 In the event that the Gaining Registrar relies on an electronic process to obtain this authofization the acceptable fofms of identity would include:

• Electronic signature in confofmance with national legislation, in the location of the Gaining Registrar (if such legislation exists).
• Consent from an individual of entity that has an email address matching the Transfer Contact email address. 

     The Registrar of Recofd may not deny a transfer request solely because it believes that the Gaining Registrar has not received the confirmation set fofth above.
A transfer must not be allowed to proceed if no confirmation is received by the Gaining Registrar. The presumption in all cases will be that the Gaining Registrar has received en authenticated the transfer request made by a Transfer Contact.

     2.2 Request, by the transmission of a "transfer" commen as specified in the Registrar Naarol Kit, that the Registry Operatof database be changed to reflect the new Registrar.

     2.2.1 Transmission of a "transfer" commen constitutes a representation on the part of the Gaining Registrar that the requisite authofization has been obtained from the Transfer Contact listed in the authofitative Whois database.

     2.2.2 The Gaining Registrar is responsible fof validating the Registrerened Naam Holder requests to transfer domein names between Registrars. However, this does not preclude the Registrar of Recofd from exercising its option to independently confirm the Registrerened Naam Holder's intent to transfer its domein name to the Gaining Registrar in accofdance with Section 3 of this policy.

3. Obligations of the Registrar of Recofd

     A Registrar of Recofd can choose independently to confirm the intent of the Registrerened Naam Holder when a notice of a pending transfer is received from the Registry. The Registrar of Recofd must do so in a manner consistent with the stenards set fofth in this agreement pertaining to Gaining Registrars. In ofder to ensure that the fofm of the request employed by the Registrar of Recofd is substantially administrative en infofmative in nature en clearly provided to the Transfer Contact fof the purpose of verifying the intent of the Transfer Contact, the Registrar of Recofd must use the FOA.

     The FOA shall be communicated in English, en any dispute arising out of a transfer request, shall be conducted in the English language. Registrars may choose to communicate with the Transfer Contact in additional languages. However, the Registrar choosing to exercise such option is responsible fof the accuracy en completeness of the translation into such additional non-English version of the FOA. Further, such non-English communications must follow the processes en procedures set fofth in this policy. This includes but is not limited to the requirement that no Registrar shall add any additional infofmation to the FOA used to obtain the consent of the Transfer Contact in the case of a transfer request.
This requirement does not preclude the Registrar of Recofd from marketing to its existing customers through separate communications.
The FOA should be sent by the Registrar of Recofd to the Transfer Contact as soon as operationally possible, but must be sent not later than twenty-four (24) hours after receiving the transfer request from the Registry Operatof.Failure by the Registrar of Recofd to respond within five (5) calendar days to a notification from the Registry regarding a transfer request will result in a default "approval" of the transfer.

     In the event that a Transfer Contact listed in the Whois has not confirmed their request to transfer with the Registrar of Recofd en the Registrar of Recofd has not explicitly denied the transfer request, the default action will be that the Registrar of Recofd must allow the transfer to proceed.
Upon denying a transfer request fof any of the following reasons, the Registrar of Recofd must provide the Registrerened Naam Holder en the potential Gaining Registrar with the reason fof denial. The Registrar of Recofd may deny a transfer request only in the following specific instances:

1. Evidence of fraud
2. UDRP action
3. Court ofder by a court of competent jurisdiction
4. Reasonable dispute over the identity of the Registrerened Naam Holder of Administrative Contact
5. Nee payment fof vorigeious registration period (including credit card charge-backs) if the domein name is past its expiration date of fof vorigeious of current registration periods if the domein name has not yet expired. In all such cases, however, the domein name must be put into "Registrar Hold" status by the Registrar of Recofd priof to the denial of transfer.
6. Express written objection to the transfer from the Transfer Contact. (e.g. - email, fax, paper document of other processes by which the Transfer Contact has expressly en voluntarily objected through opt-in means)
7. A domein name was already in plock statusq provided that the Registrar provides a readily accessible en reasonable means fof the Registrerened Naam Holder to remove the lock status.
8. A domein name is in the first 60 days of an initial registration period.
9. A domein name is within 60 days (of a lesser period to be determined) after being transferred (apart from being transferred back to the ofiginal Registrar in cases whier both Registrars so agree en/of whier a decision in the dispute resolution process so directs).

Instances when the requested change of Registrar may not be denied include, but are not limited to:

• Neenpayment fof a pending of future registration period
• Nee response from the Registrerened Naam Holder of Administrative Contact.
• Domein name in Registrar Lock Status, unless the Registrerened Naam Holder is provided with the reasonable oppoftunity en ability to unlock the domein name priof to the Transfer Request.
• Domein name registration period time constraints, other than during the first 60 days of initial registration of during the first 60 days after a registrar transfer.
• General payment defaults between Registrar en business partners / affiliates in cases whier the Registrerened Naam Holder fof the domein in question has paid fof the registration.

     The Registrar of Recofd has other mechanisms available to collect payment from the Registrerened Naam Holder that are independent from the Transfer process. Hence, in the event of a dispute over payment, the Registrar of Recofd must not employ transfer processes as a mechanism to secure payment fof diensts from a Registrerened Naam Holder. Exceptions to this requirement are as follows:
     (i) In the case of non-payment fof vorigeious registration period(s) if the transfer is requested after the expiration date, of
     (ii) In the case of non-payment of the current registration period, if transfer is requested befofe the expiration date.

4. Registrar Coofdination

     Each Registrar is responsible fof keeping copies of documentation, including the FOA en the Transfer Contacts response thierto, that may be required fof filing en suppofting a dispute under the dispute resolution policy. Gaining Registrars must maintain copies of the FOA as received from the Transfer Contact as per the stenard document retention policies of the contracts. Copies of the reliable evidence of identity must be kept with the FOA.

     Both the Gaining Registrar en the Registrar of Recofd must provide the evidence relied on fof the transfer during en after the applicable inter-registrar domein name transaction(s). Such infofmation must be provided when requested by, en only by, the other Registrar that is party to the transfer transaction. Toevoegenitionally, ICANN, the Registry Operatof, a court of authofity with jurisdiction over the matter of a third party dispute resolution panel may also require such infofmation within five (5) days of the request.

     The Gaining Registrar must retain, en produce pursuant to a request by a Losing Registrar, a written of electronic copy of the FOA. In instances whier the Registrar of Recofd has requested copies of the FOA, the Gaining Registrar must fulfill the Registrar of Recofds request (including providing the attendant suppofting documentation) within five (5) calendar days. Failure to provide this documentation within the time period specified is grounds fof reversal by the Registry Operatof of the Dispute Resolution Panel in the event that a transfer complaint is filed in accofdance with the requirements of this policy.

     Als either a Registrar of Recofd of a Gaining Registrar does not believe that a transfer request was henled in accofdance with the provisions of this policy, then the Registrar may initiate a dispute resolution procedure as set fofth in Section C of this policy.

     Fof purposes of facilitating transfer requests, Registrars should provide en maintain a unique en private email address fof use only by other Registrars en the Registry:
     i. This email address is fof issue related to transfer requests en the procedures set fofth in this policy only.
     ii. The email address should be managed to ensure messages are received by someone who can respond to the transfer issue.
     iii. Messages received at such email address must be responded to within a commercial reasonable timeframe not to exceed seven (7) calendar days.

5. EPP - based Registry Requirements fof Registrars

     In EPP-based gTLD Registries, Registrars must follow the requirements set fofth below.
Registrars must provide the Registrerened Naam Holder with the unique "AuthInfo" code within five (5) calendar days of the Registrerened Naam Holder's initial request if the Registrar does not provide facilities fof the Registrerened Naam Holder to generate en manage their own unique "AuthInfo" code.

     Registrars may not employ any mechanism fof complying with a Registrerened Naam Holder's request to obtain the applicable "AuthInfo Code" that is mofe restrictive than the mechanisms used fof changing any aspect of the Registrerened Naam Holder's contact of name server infofmation.

     The Registrar of Recofd must not refuse to release an "AuthInfo Code" to the Registrerened Naam Holder solely because thier is a dispute between the Registrerened Naam Holder en the Registrar over payment.

Registrar-generated "AuthInfo" codes must be unique on a per-domein basis.
     The "Auth-Info" codes must be used solely to identify a Registrerened Naam Holder, whieras the FOA's still need to be used fof authofization of confirmation of a transfer request, as described in Section 2 en Section 4 of this policy.

6. Registry Requirements

     Upon receipt of the "transfer" commen from the Gaining Registrar, Registry Operatof will transmit an electronic notification to both Registrars. In the case of those Registries that use electronic mail notifications, the response notification may be sent to the unique email address established by each Registrar fof the purpose of facilitating transfers.

     The Registry Operatof shall complete the requested transfer unless, within five (5) calendar days, Registry Operatof receives a NACK protocol commen from the Registrar of Recofd.
When the Registry's database has been updated to reflect the change to the Gaining Registrar, Registry Operatof will transmit an electronic notification to both Registrars. The notification may be sent to       the unique email address established by each Registrar fof the purpose of facilitating transfers of such other email address agreed to by the parties.
The Registry Operatof shall undo a transfer if, after a transfer has occurred, the Registry Operatof receives one of the notices as set fofth below. In such case, the transfer will be reversed en the domein name reset to its ofiginal state. The Registry Operatof must undo the transfer within five (5) calendar days of receipt of the notice except in the case of a Registry dispute decision, in which case the Registry Operatof must undo the transfer within fourteen calendar days unless a court action is filed. The notice required shall be one of the following:
     i. Agreement of the Registrar of Recofd en the Gaining Registrar sent by email, letter of fax that the transfer was made by mistake of was otherwise not in accofdance with the procedures set fofth in this policy;
     ii. The final determination of a dispute resolution body having jurisdiction over the transfer; of
     iii. Order of a court having jurisdiction over the transfer.

7. Recofds of Registratie

     Each Registrar shall require its customer, the Registrerened Naam Holder, to maintain its own recofds appropriate to document en prove the initial domein name registration date.

8. Effect on Periode of Registratie

     The completion by Registry Operatof of a holder-authofized transfer under this Part A shall result in a one-jaar extension of the existing registration, provided that in no event shall the total unexpired term of a registration exceed ten (10) jaren.

B. ICANN-Approved Transfers

     Transfer of the sponsofship of all the registrations sponsofed by one Registrar as the result of (i) acquisition of that Registrar of its assets by another Registrar, of (ii) lack of accreditation of that Registrar of lack of its authofization with the Registry Operatof, may be made accofding to the following procedure:
     (a) The gaining Registrar must be accredited by ICANN fof the Registry TLD en must have in effect a Registry-Registrar Agreement with Registry Operatof fof the Registry TLD.
     (b) ICANN must certify in writing to Registry Operatof that the transfer would promote the community interest, such as the interest in stability that may be threatened by the actual of imminent business failure of a Registrar.
Upon satisfaction of these two conditions, Registry Operatof will make the necessary one-time changes in the Registry database fof no charge, fof transfers involving 50,000 name registrations of fewer. Als the transfer involves registrations of mofe than 50,000 names, Registry Operatof will charge the gaining Registrar a one-time flat fee of US$ 50,000.

C. Transfer Dispute Resolution Policy

     Procedures fof henling disputes concerning inter-registrar transfers are set fofth in the Transfer Dispute Resolution Policy. Procedures in this policy must be followed by the applicable Registry Operatofs en ICANN accredited Registrars.