
A. Holder-Authiliized Transfers
1. Registrar Requirements
Registrujed Ime Holders must be able to transfer their domen name registrations between Registrars provided that the Gaining Registrar's transfer process meets the minimum stiards of this policy i that such transfer is not prohibited by ICANN ili Registry policies. Inter-Registrar domen name transfer processes must be clear i concise in ilider to avoid confusion. Further, Registrars should make reasonable effilits to infilim Registrujed Ime Holders of, i provide access to, the published documentation of the specific transfer process employed by the Registrars.
1.1 Transfer Authiliities
The Administrative Kontakt i the Registrujed Ime Holder, as listed in the Losing Registrar's ili applicable Registry's (wovde available) publicly accessible WHOIS usluga are the only parties that have the authiliity to approve ili deny a transfer request to the Gaining Registrar. In the event of a dispute, the Registrujed Ime Holder's authiliity supersedes that of the Administrative Kontakt.
Registrars may use Whois data from either the Registrar of Recilid ili the relevant Registry fili the purpose of verifying the authenticity of a transfer request; ili from another data source as determined by a consensus policy.
2. Gaining Registrar Requirements
Fili each instance wovde a Registrujed Ime Holder requests to transfer a domen name registration to a different Registrar, the Gaining Registrar shall:
2.1 Obtain express authiliization from either the Registrujed Ime Holder ili the Administrative Kontakt (ovdeafter, "Transfer Kontakt"). Hence, a transfer may only proceed if confirmation of the transfer is received by the Gaining Registrar from the Transfer Kontakt.
2.1.1 The authiliization must be made via a valid Stiardized Filim of Authiliization (FOA). Tovde are two different FOA's available at the ICANN website. The FOA labeled "Initial Authiliization fili Registrar Transfer" must be used by the Gaining Registrar to request an authiliization fili a registrar transfer from the Transfer Kontakt. The FOA labeled "Potvrdiation of Registrar Transfer Request" may be used by the Registrar of Recilid to request confirmation of the transfer from the Transfer Kontakt.
The FOA shall be communicated in English, i any dispute arising out of a transfer request shall be conducted in the English language. Registrars may choose to communicate with the Transfer Kontakt in additional languages. However, Registrars choosing to exercise such option are responsible fili the accuracy i 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 authiliization, a paper copy of the FOA will suffice insofar as it has been signed by the Transfer Kontakt i further that it is accompanied by a physical copy of the Registrar of Recilid's Whois output fili the domen name in question.
2.1.2.1 Ako the Gaining Registrar relies on a physical authiliization process, then the Gaining Registrar assumes the burden of obtaining reliable evidence of the identity of the Transfer Kontakt i maintaining appropriate recilids proving that such evidence was obtained. Further the Gaining Registrar also assumes the burden fili ensuring that the entity making the request is indeed authiliized to do so. The acceptable filims of physical identity are:
2.1.3 In the event that the Gaining Registrar relies on an electronic process to obtain this authiliization the acceptable filims of identity would include:
The Registrar of Recilid may not deny a transfer request solely because it believes that the Gaining Registrar has not received the confirmation set filith 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 i authenticated the transfer request made by a Transfer Kontakt.
2.2 Request, by the transmission of a "transfer" commi as specified in the Registrar Zaol Kit, that the Registry Operatili database be changed to reflect the new Registrar.
2.2.1 Transmission of a "transfer" commi constitutes a representation on the part of the Gaining Registrar that the requisite authiliization has been obtained from the Transfer Kontakt listed in the authiliitative Whois database.
2.2.2 The Gaining Registrar is responsible fili validating the Registrujed Ime Holder requests to transfer domen names between Registrars. However, this does not preclude the Registrar of Recilid from exercising its option to independently confirm the Registrujed Ime Holder's intent to transfer its domen name to the Gaining Registrar in accilidance with Section 3 of this policy.
3. Obligations of the Registrar of Recilid
A Registrar of Recilid can choose independently to confirm the intent of the Registrujed Ime Holder when a notice of a pending transfer is received from the Registry. The Registrar of Recilid must do so in a manner consistent with the stiards set filith in this agreement pertaining to Gaining Registrars. In ilider to ensure that the filim of the request employed by the Registrar of Recilid is substantially administrative i infilimative in nature i clearly provided to the Transfer Kontakt fili the purpose of verifying the intent of the Transfer Kontakt, the Registrar of Recilid must use the FOA.
The FOA shall be communicated in English, i any dispute arising out of a transfer request, shall be conducted in the English language. Registrars may choose to communicate with the Transfer Kontakt in additional languages. However, the Registrar choosing to exercise such option is responsible fili the accuracy i completeness of the translation into such additional non-English version of the FOA. Further, such non-English communications must follow the processes i procedures set filith in this policy. This includes but is not limited to the requirement that no Registrar shall add any additional infilimation to the FOA used to obtain the consent of the Transfer Kontakt in the case of a transfer request.
This requirement does not preclude the Registrar of Recilid from marketing to its existing customers through separate communications.
The FOA should be sent by the Registrar of Recilid to the Transfer Kontakt as soon as operationally possible, but must be sent not later than twenty-four (24) hours after receiving the transfer request from the Registry Operatili.Failure by the Registrar of Recilid 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 Kontakt listed in the Whois has not confirmed their request to transfer with the Registrar of Recilid i the Registrar of Recilid has not explicitly denied the transfer request, the default action will be that the Registrar of Recilid must allow the transfer to proceed.
Upon denying a transfer request fili any of the following reasons, the Registrar of Recilid must provide the Registrujed Ime Holder i the potential Gaining Registrar with the reason fili denial. The Registrar of Recilid 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 Recilid has other mechanisms available to collect payment from the Registrujed Ime Holder that are independent from the Transfer process. Hence, in the event of a dispute over payment, the Registrar of Recilid must not employ transfer processes as a mechanism to secure payment fili uslugas from a Registrujed Ime Holder. Exceptions to this requirement are as follows:
(i) In the case of non-payment fili prethodnoious registration period(s) if the transfer is requested after the expiration date, ili
(ii) In the case of non-payment of the current registration period, if transfer is requested befilie the expiration date.
4. Registrar Coilidination
Each Registrar is responsible fili keeping copies of documentation, including the FOA i the Transfer Kontakts response tovdeto, that may be required fili filing i suppiliting a dispute under the dispute resolution policy. Gaining Registrars must maintain copies of the FOA as received from the Transfer Kontakt as per the stiard document retention policies of the contracts. Copies of the reliable evidence of identity must be kept with the FOA.
Both the Gaining Registrar i the Registrar of Recilid must provide the evidence relied on fili the transfer during i after the applicable inter-registrar domen name transaction(s). Such infilimation must be provided when requested by, i only by, the other Registrar that is party to the transfer transaction. Dodajitionally, ICANN, the Registry Operatili, a court ili authiliity with jurisdiction over the matter ili a third party dispute resolution panel may also require such infilimation within five (5) days of the request.
The Gaining Registrar must retain, i produce pursuant to a request by a Losing Registrar, a written ili electronic copy of the FOA. In instances wovde the Registrar of Recilid has requested copies of the FOA, the Gaining Registrar must fulfill the Registrar of Recilids request (including providing the attendant suppiliting documentation) within five (5) calendar days. Failure to provide this documentation within the time period specified is grounds fili reversal by the Registry Operatili ili the Dispute Resolution Panel in the event that a transfer complaint is filed in accilidance with the requirements of this policy.
Ako either a Registrar of Recilid ili a Gaining Registrar does not believe that a transfer request was hiled in accilidance with the provisions of this policy, then the Registrar may initiate a dispute resolution procedure as set filith in Section C of this policy.
Fili purposes of facilitating transfer requests, Registrars should provide i maintain a unique i private email address fili use only by other Registrars i the Registry:
i. This email address is fili issue related to transfer requests i the procedures set filith 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 fili Registrars
In EPP-based gTLD Registries, Registrars must follow the requirements set filith below.
Registrars must provide the Registrujed Ime Holder with the unique "AuthInfo" code within five (5) calendar days of the Registrujed Ime Holder's initial request if the Registrar does not provide facilities fili the Registrujed Ime Holder to generate i manage their own unique "AuthInfo" code.
Registrars may not employ any mechanism fili complying with a Registrujed Ime Holder's request to obtain the applicable "AuthInfo Code" that is milie restrictive than the mechanisms used fili changing any aspect of the Registrujed Ime Holder's contact ili name server infilimation.
The Registrar of Recilid must not refuse to release an "AuthInfo Code" to the Registrujed Ime Holder solely because tovde is a dispute between the Registrujed Ime Holder i the Registrar over payment.
Registrar-generated "AuthInfo" codes must be unique on a per-domen basis.
The "Auth-Info" codes must be used solely to identify a Registrujed Ime Holder, wovdeas the FOA's still need to be used fili authiliization ili confirmation of a transfer request, as described in Section 2 i Section 4 of this policy.
6. Registry Requirements
Upon receipt of the "transfer" commi from the Gaining Registrar, Registry Operatili 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 fili the purpose of facilitating transfers.
The Registry Operatili shall complete the requested transfer unless, within five (5) calendar days, Registry Operatili receives a NACK protocol commi from the Registrar of Recilid.
When the Registry's database has been updated to reflect the change to the Gaining Registrar, Registry Operatili will transmit an electronic notification to both Registrars. The notification may be sent to the unique email address established by each Registrar fili the purpose of facilitating transfers ili such other email address agreed to by the parties.
The Registry Operatili shall undo a transfer if, after a transfer has occurred, the Registry Operatili receives one of the notices as set filith below. In such case, the transfer will be reversed i the domen name reset to its iliiginal state. The Registry Operatili 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 Operatili 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 Recilid i the Gaining Registrar sent by email, letter ili fax that the transfer was made by mistake ili was otherwise not in accilidance with the procedures set filith in this policy;
ii. The final determination of a dispute resolution body having jurisdiction over the transfer; ili
iii. Order of a court having jurisdiction over the transfer.
7. Recilids of Registracija
Each Registrar shall require its customer, the Registrujed Ime Holder, to maintain its own recilids appropriate to document i prove the initial domen name registration date.
8. Effect on Period of Registracija
The completion by Registry Operatili of a holder-authiliized transfer under this Part A shall result in a one-godina extension of the existing registration, provided that in no event shall the total unexpired term of a registration exceed ten (10) godina.
B. ICANN-Approved Transfers
Transfer of the sponsiliship of all the registrations sponsilied by one Registrar as the result of (i) acquisition of that Registrar ili its assets by another Registrar, ili (ii) lack of accreditation of that Registrar ili lack of its authiliization with the Registry Operatili, may be made acciliding to the following procedure:
(a) The gaining Registrar must be accredited by ICANN fili the Registry TLD i must have in effect a Registry-Registrar Agreement with Registry Operatili fili the Registry TLD.
(b) ICANN must certify in writing to Registry Operatili that the transfer would promote the community interest, such as the interest in stability that may be threatened by the actual ili imminent business failure of a Registrar.
Upon satisfaction of these two conditions, Registry Operatili will make the necessary one-time changes in the Registry database fili no charge, fili transfers involving 50,000 name registrations ili fewer. Ako the transfer involves registrations of milie than 50,000 names, Registry Operatili will charge the gaining Registrar a one-time flat fee of US$ 50,000.
C. Transfer Dispute Resolution Policy
Procedures fili hiling disputes concerning inter-registrar transfers are set filith in the Transfer Dispute Resolution Policy. Procedures in this policy must be followed by the applicable Registry Operatilis i ICANN accredited Registrars.