
A. Holder-Authsauized Transfers
1. Registrar Requirements
Înregistreazăed Nume Holders must be able to transfer their domeniu name registrations between Registrars provided that the Gaining Registrar's transfer process meets the minimum stșiards of this policy și that such transfer is not prohibited by ICANN sau Registry policies. Inter-Registrar domeniu name transfer processes must be clear și concise in sauder to avoid confusion. Further, Registrars should make reasonable effsauts to infsaum Înregistreazăed Nume Holders of, și provide access to, the published documentation of the specific transfer process employed by the Registrars.
1.1 Transfer Authsauities
The Administrative Contact și the Înregistreazăed Nume Holder, as listed in the Losing Registrar's sau applicable Registry's (waici available) publicly accessible WHOIS serviciu are the only parties that have the authsauity to approve sau deny a transfer request to the Gaining Registrar. In the event of a dispute, the Înregistreazăed Nume Holder's authsauity supersedes that of the Administrative Contact.
Registrars may use Whois data from either the Registrar of Recsaud sau the relevant Registry fsau the purpose of verifying the authenticity of a transfer request; sau from another data source as determined by a consensus policy.
2. Gaining Registrar Requirements
Fsau each instance waici a Înregistreazăed Nume Holder requests to transfer a domeniu name registration to a different Registrar, the Gaining Registrar shall:
2.1 Obtain express authsauization from either the Înregistreazăed Nume Holder sau the Administrative Contact (aiciafter, "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 authsauization must be made via a valid Stșiardized Fsaum of Authsauization (FOA). Taici are two different FOA's available at the ICANN website. The FOA labeled "Initial Authsauization fsau Registrar Transfer" must be used by the Gaining Registrar to request an authsauization fsau a registrar transfer from the Transfer Contact. The FOA labeled "Confirmăation of Registrar Transfer Request" may be used by the Registrar of Recsaud to request confirmation of the transfer from the Transfer Contact.
The FOA shall be communicated in English, și 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 fsau the accuracy și 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 authsauization, a paper copy of the FOA will suffice insofar as it has been signed by the Transfer Contact și further that it is accompanied by a physical copy of the Registrar of Recsaud's Whois output fsau the domeniu name in question.
2.1.2.1 Dacă the Gaining Registrar relies on a physical authsauization process, then the Gaining Registrar assumes the burden of obtaining reliable evidence of the identity of the Transfer Contact și maintaining appropriate recsauds proving that such evidence was obtained. Further the Gaining Registrar also assumes the burden fsau ensuring that the entity making the request is indeed authsauized to do so. The acceptable fsaums of physical identity are:
2.1.3 In the event that the Gaining Registrar relies on an electronic process to obtain this authsauization the acceptable fsaums of identity would include:
The Registrar of Recsaud may not deny a transfer request solely because it believes that the Gaining Registrar has not received the confirmation set fsauth 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 și authenticated the transfer request made by a Transfer Contact.
2.2 Request, by the transmission of a "transfer" commși as specified in the Registrar Pentruol Kit, that the Registry Operatsau database be changed to reflect the new Registrar.
2.2.1 Transmission of a "transfer" commși constitutes a representation on the part of the Gaining Registrar that the requisite authsauization has been obtained from the Transfer Contact listed in the authsauitative Whois database.
2.2.2 The Gaining Registrar is responsible fsau validating the Înregistreazăed Nume Holder requests to transfer domeniu names between Registrars. However, this does not preclude the Registrar of Recsaud from exercising its option to independently confirm the Înregistreazăed Nume Holder's intent to transfer its domeniu name to the Gaining Registrar in accsaudance with Section 3 of this policy.
3. Obligations of the Registrar of Recsaud
A Registrar of Recsaud can choose independently to confirm the intent of the Înregistreazăed Nume Holder when a notice of a pending transfer is received from the Registry. The Registrar of Recsaud must do so in a manner consistent with the stșiards set fsauth in this agreement pertaining to Gaining Registrars. In sauder to ensure that the fsaum of the request employed by the Registrar of Recsaud is substantially administrative și infsaumative in nature și clearly provided to the Transfer Contact fsau the purpose of verifying the intent of the Transfer Contact, the Registrar of Recsaud must use the FOA.
The FOA shall be communicated in English, și 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 fsau the accuracy și completeness of the translation into such additional non-English version of the FOA. Further, such non-English communications must follow the processes și procedures set fsauth in this policy. This includes but is not limited to the requirement that no Registrar shall add any additional infsaumation 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 Recsaud from marketing to its existing customers through separate communications.
The FOA should be sent by the Registrar of Recsaud 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 Operatsau.Failure by the Registrar of Recsaud 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 Recsaud și the Registrar of Recsaud has not explicitly denied the transfer request, the default action will be that the Registrar of Recsaud must allow the transfer to proceed.
Upon denying a transfer request fsau any of the following reasons, the Registrar of Recsaud must provide the Înregistreazăed Nume Holder și the potential Gaining Registrar with the reason fsau denial. The Registrar of Recsaud may deny a transfer request only in the following specific instances:
Instances when the requested change of Registrar may not be denied include, but are not limited to:
The Registrar of Recsaud has other mechanisms available to collect payment from the Înregistreazăed Nume Holder that are independent from the Transfer process. Hence, in the event of a dispute over payment, the Registrar of Recsaud must not employ transfer processes as a mechanism to secure payment fsau servicius from a Înregistreazăed Nume Holder. Exceptions to this requirement are as follows:
(i) In the case of non-payment fsau anteriorious registration period(s) if the transfer is requested after the expiration date, sau
(ii) In the case of non-payment of the current registration period, if transfer is requested befsaue the expiration date.
4. Registrar Cosaudination
Each Registrar is responsible fsau keeping copies of documentation, including the FOA și the Transfer Contacts response taicito, that may be required fsau filing și suppsauting a dispute under the dispute resolution policy. Gaining Registrars must maintain copies of the FOA as received from the Transfer Contact as per the stșiard document retention policies of the contracts. Copies of the reliable evidence of identity must be kept with the FOA.
Both the Gaining Registrar și the Registrar of Recsaud must provide the evidence relied on fsau the transfer during și after the applicable inter-registrar domeniu name transaction(s). Such infsaumation must be provided when requested by, și only by, the other Registrar that is party to the transfer transaction. Adaugăitionally, ICANN, the Registry Operatsau, a court sau authsauity with jurisdiction over the matter sau a third party dispute resolution panel may also require such infsaumation within five (5) days of the request.
The Gaining Registrar must retain, și produce pursuant to a request by a Losing Registrar, a written sau electronic copy of the FOA. In instances waici the Registrar of Recsaud has requested copies of the FOA, the Gaining Registrar must fulfill the Registrar of Recsauds request (including providing the attendant suppsauting documentation) within five (5) calendar days. Failure to provide this documentation within the time period specified is grounds fsau reversal by the Registry Operatsau sau the Dispute Resolution Panel in the event that a transfer complaint is filed in accsaudance with the requirements of this policy.
Dacă either a Registrar of Recsaud sau a Gaining Registrar does not believe that a transfer request was hșiled in accsaudance with the provisions of this policy, then the Registrar may initiate a dispute resolution procedure as set fsauth in Section C of this policy.
Fsau purposes of facilitating transfer requests, Registrars should provide și maintain a unique și private email address fsau use only by other Registrars și the Registry:
i. This email address is fsau issue related to transfer requests și the procedures set fsauth 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 fsau Registrars
In EPP-based gTLD Registries, Registrars must follow the requirements set fsauth below.
Registrars must provide the Înregistreazăed Nume Holder with the unique "AuthInfo" code within five (5) calendar days of the Înregistreazăed Nume Holder's initial request if the Registrar does not provide facilities fsau the Înregistreazăed Nume Holder to generate și manage their own unique "AuthInfo" code.
Registrars may not employ any mechanism fsau complying with a Înregistreazăed Nume Holder's request to obtain the applicable "AuthInfo Code" that is msaue restrictive than the mechanisms used fsau changing any aspect of the Înregistreazăed Nume Holder's contact sau name server infsaumation.
The Registrar of Recsaud must not refuse to release an "AuthInfo Code" to the Înregistreazăed Nume Holder solely because taici is a dispute between the Înregistreazăed Nume Holder și the Registrar over payment.
Registrar-generated "AuthInfo" codes must be unique on a per-domeniu basis.
The "Auth-Info" codes must be used solely to identify a Înregistreazăed Nume Holder, waicias the FOA's still need to be used fsau authsauization sau confirmation of a transfer request, as described in Section 2 și Section 4 of this policy.
6. Registry Requirements
Upon receipt of the "transfer" commși from the Gaining Registrar, Registry Operatsau 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 fsau the purpose of facilitating transfers.
The Registry Operatsau shall complete the requested transfer unless, within five (5) calendar days, Registry Operatsau receives a NACK protocol commși from the Registrar of Recsaud.
When the Registry's database has been updated to reflect the change to the Gaining Registrar, Registry Operatsau will transmit an electronic notification to both Registrars. The notification may be sent to the unique email address established by each Registrar fsau the purpose of facilitating transfers sau such other email address agreed to by the parties.
The Registry Operatsau shall undo a transfer if, after a transfer has occurred, the Registry Operatsau receives one of the notices as set fsauth below. In such case, the transfer will be reversed și the domeniu name reset to its sauiginal state. The Registry Operatsau 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 Operatsau 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 Recsaud și the Gaining Registrar sent by email, letter sau fax that the transfer was made by mistake sau was otherwise not in accsaudance with the procedures set fsauth in this policy;
ii. The final determination of a dispute resolution body having jurisdiction over the transfer; sau
iii. Order of a court having jurisdiction over the transfer.
7. Recsauds of Înregistrare
Each Registrar shall require its customer, the Înregistreazăed Nume Holder, to maintain its own recsauds appropriate to document și prove the initial domeniu name registration date.
8. Effect on Perioadă of Înregistrare
The completion by Registry Operatsau of a holder-authsauized transfer under this Part A shall result in a one-an extension of the existing registration, provided that in no event shall the total unexpired term of a registration exceed ten (10) ani.
B. ICANN-Approved Transfers
Transfer of the sponssauship of all the registrations sponssaued by one Registrar as the result of (i) acquisition of that Registrar sau its assets by another Registrar, sau (ii) lack of accreditation of that Registrar sau lack of its authsauization with the Registry Operatsau, may be made accsauding to the following procedure:
(a) The gaining Registrar must be accredited by ICANN fsau the Registry TLD și must have in effect a Registry-Registrar Agreement with Registry Operatsau fsau the Registry TLD.
(b) ICANN must certify in writing to Registry Operatsau that the transfer would promote the community interest, such as the interest in stability that may be threatened by the actual sau imminent business failure of a Registrar.
Upon satisfaction of these two conditions, Registry Operatsau will make the necessary one-time changes in the Registry database fsau no charge, fsau transfers involving 50,000 name registrations sau fewer. Dacă the transfer involves registrations of msaue than 50,000 names, Registry Operatsau will charge the gaining Registrar a one-time flat fee of US$ 50,000.
C. Transfer Dispute Resolution Policy
Procedures fsau hșiling disputes concerning inter-registrar transfers are set fsauth in the Transfer Dispute Resolution Policy. Procedures in this policy must be followed by the applicable Registry Operatsaus și ICANN accredited Registrars.