FIBA GENERAL STATUTES, Study notes of Ethics

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FIBA GENERAL STATUTES

EDITION 3 JUNE 2021

TABLE OF CONTENTS

CHAPTER 1: COMPOSITION, PURPOSE, DEFINITION

ARTICLE 1: NAME AND AUTHORITY

1.1 Fédération Internationale de Basketball (FIBA) is an independent association composed of national member federations worldwide, as provided for under Chapter 2 of these General Statutes. 1.2 FIBA is the sole competent authority for the sport of basketball throughout the world and is recognised as such by the International Olympic Committee (IOC). For the avoidance of doubt, throughout these General Statutes, unless specified otherwise, the term basketball refers to the sport of basketball throughout the world in all of its forms and disciplines, including without limitation men’s and women’s basketball, basketball in different age groups, 3x3 basketball, and virtual/electronic forms of basketball. 1.3 FIBA maintains absolute political and religious neutrality and does not tolerate any form of discrimination. 1.4 All bodies and officials of FIBA must observe these General Statutes, the Internal Regulations, other rules and regulations, and decisions of FIBA.

ARTICLE 2: HEADQUARTERS AND PLACE OF JURISDICTION

2.1 The headquarters of FIBA shall be established in Switzerland. 2.2 FIBA is subject to the laws of Switzerland and shall be organised in such a manner as to acquire legal status, listed in the Registre du Commerce.

ARTICLE 3: NON-PROFIT ORGANISATION

3.1 FIBA is a non-profit-making organisation and does not pursue any objective for its own gains. It shall pursue solely and directly objectives of general interest in accordance with the laws of Switzerland. The financial resources of FIBA may be used only in pursuit of the objectives laid down in these General Statutes. 3.2 To the extent that compensation or reimbursement of expenses is paid to individuals, it must be appropriate, justified and related to FIBA’s objectives. 3.3 FIBA has established reserve funds and uses such funds in accordance with the laws of Switzerland. The Central Board decides the policy on the usage of the reserves.

ARTICLE 4: MISSION AND ROLE

4 The mission of FIBA is to promote the sport of basketball throughout the world and to lead the basketball movement as recognised by the International Olympic Committee. FIBA’s role is to: a. Control, regulate, supervise and direct, and to foster, encourage and advance the sport and practice of basketball in every country worldwide; b. Manage basketball throughout the world through participation, development, competition, and commercial means; c. Ensure that basketball throughout the world is carried on in a manner that allows the sport to be competitive and fair; d. Formulate or adopt and implement appropriate policies in relation to discrimination, sexual harassment, equal opportunity, equity, drugs and doping, health, safety, infectious diseases, and such other matters as arise from time to time as issues to be addressed in basketball; e. Adopt, formulate, issue, interpret, implement and amend from time to time such rules (including the official rules of the game) and regulations as are necessary for the control and conduct of basketball throughout the world; f. Allocate and control the conduct and administration of all official international competitions at national team and club level; g. License and/or endorse the conduct and management of international basketball competitions or games where this is in the interests of furthering its mission and role; h. Establish and maintain a FIBA basketball judicial system, providing processes for the appeal of decisions and the settlement of disputes; i. Pursue itself or through another entity commercial arrangements, including sponsorship and marketing opportunities and commercial arrangements in relation to FIBA’s intellectual property, as are appropriate to further its mission and role; j. Provide for the representation of FIBA at international events, which will extend and enhance its control and management of basketball throughout the world; k. Promote the recognition of basketball as one of the world’s leading sports; l. Do all that is reasonably necessary to enable its mission and role to be achieved and to enable the national member federations to receive the benefits that FIBA’s mission and role are intended to achieve; m. Co-operate with, join with, and/or support any association, organisation, foundation, society or individual where the activities or purposes are similar to those of FIBA or that advance basketball throughout or in specific parts of the world; n. Have regard to the public interest in its operations; o. Promote the participation of women at all levels of basketball governance; and p. Undertake and/or do all such things or activities as are necessary, incidental or conducive to the advancement of its mission and role.

ARTICLE 5: RULES AND REGULATIONS

In addition to these General Statutes, FIBA may regulate basketball activities worldwide through the enactment of Internal Regulations, other rules and regulations, and decisions.

f. To take part in and benefit from FIBA's assistance, development and educational programmes organised directly or through the Regional Offices; g. To exercise all other rights arising from these General Statutes, the Internal Regulations, other rules and regulations, and decisions of FIBA; and h. To exercise all other rights arising from the Zone Regulations. 8.2 The exercise of these rights is subject to the provisions in these General Statutes, the Internal Regulations, and other rules and regulations and decisions of FIBA.

ARTICLE 9: OBLIGATIONS OF MEMBERS

9.1 National member federations must a. Maintain full control and governance of basketball in their country, including without limitation, control over their national competitions; b. Remain in good standing (including in good financial standing); c. Participate in official international activities and competitions; d. Ensure at all times that their leagues, clubs, players and officials participate only in international activities and competitions officially recognised by their respective national member federation and by FIBA; and e. Enact rules whereby they can disqualify a club from the national championship, or cause the respective league to disqualify such club, should that club participate in a non-recognised league. 9.2 National member federations must observe these General Statutes, the Internal Regulations, other rules and regulations and decisions of FIBA and ensure that their members and their various bodies (including leagues and clubs) also comply with them. They shall promote amicable and courteous relations with other national member federations and their members, officials and players. 9.3 The statutes and regulations of national member federations must comply fully with these General Statutes and the Internal Regulations of FIBA. These General Statutes and the Internal Regulations of FIBA shall form part of the national member federations’ statutes and regulations. In the event of doubt or conflict, these General Statutes and the Internal Regulations of FIBA shall prevail. 9.4 National member federations must ensure that basketball in their country is played in accordance with the Official Basketball Rules, and that the FIBA Calendar and the obligation to release players for national teams in accordance with the FIBA Internal Regulations are respected. This obligation of national member federations applies to both national and international competitions played in their country. 9.5 National member federations shall establish a system for the resolution of disputes by independent arbitration, excluding – to the extent legally possible – recourse to the state courts. They shall promote recourse to and recognise decisions of the Court of Arbitration for Sport (CAS) and the awards of the Basketball Arbitral Tribunal (BAT) and shall ensure that said decisions and awards are legally binding for and enforced by national member federations, clubs, leagues, players, managers, officials and agents.

9.6 National member federations must ensure that their policies and programmes are in compliance with those of FIBA. In particular, they shall embrace the principles set out in the FIBA National Federations Manual and ensure that their governance and management processes produce the following: a. Up-to-date statutes and regulations in English, approved by FIBA; b. A long-term strategic plan; c. An annual report on activities and financial results (to be sent to FIBA); d. A database of participants (including foreign players), coaches, technical officials, and of competition results (compatible with the FIBA Organizer platform); e. A national Anti-Doping programme in partnership with the relevant authorities; and f. A national 3x3 basketball programme approved by FIBA. 9.7 National member federations shall manage their affairs independently and with no influence from third parties. In particular, they must ensure that their officials are either elected or appointed under a democratic process for a term of office of four (4) years. Their statutes must provide a transparent procedure that guarantees the complete independence of the election or appointment. 9.8 The accounts of national member federations must be audited in accordance with international accounting standards each year by an independent external auditor. 9.9 National member federations are liable for all financial obligations of their own members or bodies (including leagues and clubs) towards FIBA. 9.10 Non-compliance with these provisions may lead to the intervention of FIBA as appropriate, including sanctioning provided for in these General Statutes and the Internal Regulations of FIBA.

ARTICLE 10: SUSPENSION AND EXPULSION OF MEMBERS

10.1 The Secretary General may suspend a national member federation that has not paid its fees or is in arrears for a period of two (2) consecutive years. The Central Board and the Zones must be informed. Such a suspension may be lifted by the Secretary General when the national member federation is once again in good financial standing with FIBA. 10.2 On the initiative of the Secretary General, the Central Board may suspend a national member federation for other important reasons and, in particular, when: a. These General Statutes, the Internal Regulations, other rules and regulations, or decisions of FIBA are violated; b. The requirements of Article 7 are no longer fulfilled; and/or c. One or more of the obligations of Articles 9 or 12 is not being met. 10.3 Unless otherwise decided by the Central Board, a suspended national member federation forfeits its rights under Article 8.1 so long as it remains suspended, and its teams and officials

12.6 In order to avoid conflicts of interest, national member federations or organisations affiliated or otherwise connected with national member federations are not authorised to take over or participate directly or indirectly in the management or exploitation of broadcast, marketing, merchandising, or similar rights of another national member federation. 12.7 Clubs, leagues, players, coaches, agents, referees, and other officials affiliated with or licensed by national member federations must at all times respect the Official Basketball Rules, these General Statutes, the Zone Regulations, the FIBA Calendar, other rules and regulations, decisions, and the Internal Regulations of FIBA, in particular, without limitation, those on Anti- Doping, Eligibility and National Status of Players, International Transfer of Players and the Basketball Arbitral Tribunal. 12.8 In addition to FIBA’s authority under Article 10.2 c., FIBA and national member federations may impose sanctions on their own bodies for breaches of this Article 12. Notwithstanding the foregoing, each national member federation remains obliged to ensure that its various bodies (including leagues and clubs) comply with this Article 12. CHAPTER 3: DIVISIONS OF FIBA

ARTICLE 13: DIVISIONS OF FIBA

13.1 FIBA is organised in the following divisions: a. The Congress; b. The Central Board; c. The Executive Committee; d. The Secretariat of FIBA, acting through the Secretary General; e. The Zones, acting through the Regional Offices; and f. The Commissions.

ARTICLE 14: THE CONGRESS AND THE PRESIDENT

14.1 The Congress 14.1.1 The Congress shall be the supreme authority of FIBA. It consists of: a. A maximum of two (2) delegates per national member federation with the right to one (1) vote, which is granted to the first delegate if both are present; b. The President; c. Members of the Central Board, who have consultative powers only, unless they officially represent a national member federation; and d. The Chairpersons of the Commissions, who have consultative powers only, unless they officially represent a national member federation.

14.1.2 National member federations may be represented by their delegate(s) only, who must hold an office within the national member federation and present a document signed by the president of that national member federation attesting that they are delegates of that federation. Delegates may represent one (1) national member federation only. 14.1.3 Representation by letter or proxy is not permitted. 14.1.4 The Congress has the powers assigned to it in these General Statutes, in particular to: a. Approve the agenda; b. Adopt and modify these General Statutes; c. Elect the President for a single term of four (4) years; d. Elect members of the Central Board as per Article 15.1.4 b.; e. Elect the Treasurer, upon proposal by the Secretary General; f. Appoint the members of the Ethics Panel and the Nominations Panel; g. Grant the title of Honorary President, Honorary Member or Secretary General Emeritus; h. Examine and approve all reports, including the report of the Central Board, and other items on the agenda; i. Ratify the decisions of the Central Board under Articles 10.2 and 15.1.1 g. (suspension of members); j. Decide on the expulsion of members as per Article 10.6; and k. Declare the disbandment of FIBA. 14.1.5 The Congress meets once every two (2) years, the first being the elective Congress at which the President is elected in accordance with Article 14.2, and the other being the mid-term Congress held at approximately mid-term of the four-year cycle. No quorum is required for a session of the Congress. 14.1.6 Upon approval by the Central Board, the Congress may meet by video/audio conference and may vote by correspondence, including email or other electronic means. 14.1.7 Only matters proposed by the President, the Secretary General, the Central Board, the Executive Committee or the national member federations may be put on the agenda for the session of the Congress, provided that these matters fall within the Congress’ powers. Proposals must be submitted to the Secretary General at least ninety (90) days prior to the opening of the Congress. 14.1.8 Subject to Article 14.1. 9 below, the date and place of the Congress is determined by the Secretary General and notice given to the national member federations at least one- hundred-and-twenty (120) days in advance. The agenda is prepared by the Secretary General and sent to the national member federations at least forty-five (45) days prior to the date of the Congress. 14.1.9 Upon the request of one-fifth (1/5) of the national member federations with full rights or upon the request of the Central Board, an extraordinary session of the Congress shall be held within three (3) months of receipt of such a request by the Secretary General. Extraordinary sessions of the Congress shall always be held in Switzerland unless

14.2.4 The President presides over the Congress, the Central Board and the Executive Committee. He has the right to vote: a. In the Congress – only a casting vote in the event of a tied vote; and b. In the Central Board and the Executive Committee – a vote as a member of the Central Board and the Executive Committee plus a casting vote in the event of a tied vote. 14.2.5 Should the President be temporarily unable to fulfil his duties, the first Vice-President deputises for him during sessions of the Congress and/or meetings of the Central Board or the Executive Committee. In the event that the President is permanently unable to fulfil his duties, the first Vice-President shall act as President until the next Congress (including the mid-term Congress). 14.2.6 If a replacement President is to be elected at a mid-term Congress: a. He must come from a national member federation within the respective Zone as determined in Article 14.2.1 and he shall serve out the balance of the term stipulated. b. The Central Board is authorised to set appropriate shorter time frames for the calling and closure of nominations than those provided for in Article 14.2.3 a. and b. 14.2.7 The President is not an employee of FIBA.

ARTICLE 15: THE CENTRAL BOARD, THE EXECUTIVE COMMITTEE AND

THE TREASURER

15.1 The Central Board 15.1.1 The Central Board has the powers assigned to it under these General Statutes and the Internal Regulations of FIBA, in particular the following: a. To supervise the sport of basketball worldwide; b. To develop and update on an annual basis an eight (8) year strategic plan for FIBA and to determine FIBA's general policy; c. To review and approve the annual business plans and financial statements prepared by the Secretariat of FIBA; d. To appoint and dismiss the Secretary General and the Deputy Secretary General and to enter into contracts with them relating to their services and their duties on behalf of FIBA; e. To supervise and monitor the Secretary General’s performance and that of the Secretariat of FIBA; f. To accept or reject applications for membership from national federations and to assign them to a Zone; g. To decide on the suspension of national member federations; h. To establish the Official Basketball Rules, the Official 3x3 Basketball Rules, the specifications for equipment and facilities, and all internal and general

regulations that must be applied worldwide and on all occasions, particularly at international or Olympic competitions for which FIBA establishes the system of competition; i. To control the appointment of and set worldwide standards for FIBA agents, coaches, referees, instructors and commissioners; j. To regulate the transfer of players, coaches and referees from one national member federation to another; k. To promote amicable and courteous relations among national member federations, Zones, and their officials and players; l. To take every measure appropriate in order to prevent violations of these General Statutes, the Internal Regulations, other rules and regulations, decisions, the Official Basketball Rules and the Official 3x3 Basketball Rules of FIBA; m. To prevent all methods or practices that might jeopardise the integrity of the competitions or give rise to abuse of the sport of basketball; n. To provide for the principles valid for deciding and settling all disputes between national member federations, Zones, clubs, leagues, officials, and players and guaranteeing the right of defence and an impartial judgement, in accordance with these General Statutes and the Internal Regulations of FIBA; o. To hear and resolve disputes related to international leagues as per the relevant FIBA Internal Regulations; p. To present reports (including financial reports) to the Congress; q. To determine the financial policy and to approve the budget and the yearly audited financial statements; r. To exercise overall control over the financial management of FIBA; s. To review the final text of proposed amendments to these General Statutes to be submitted to the Congress for approval. The final text of the proposed amendments, as reviewed by the Central Board, shall be sent to the national member federations together with the agenda for the Congress; t. To adopt and modify the FIBA Internal Regulations, and other rules and regulations of FIBA, including any implementing measure designed to comply with ordre public; u. To organise, govern, control and/or assign the organisation of the FIBA Basketball World Cups for senior Men and Women and other world competitions; v. To appoint Chairpersons and members of the FIBA Commissions in accordance with the relevant articles of these General Statutes; w. To approve the Bye-Laws of the Regional Offices; and x. To approve the statutes and regulations of any other organisations officially recognised by FIBA, as provided in these General Statutes. 15.1.2 Decisions of the Central Board a. The Central Board is competent to take decisions on any matter not provided for in these General Statutes, or in the event of force majeure. b. Decisions of the Central Board are final and binding. They must reflect equity, fairness and transparency.

15.1.7 Members listed under Article 15.1.4 b. and c. will be elected / appointed for a renewable term of four (4) years. 15.1.8 The number of Central Board members listed under Article 15.1.4.a.dd. and 15.1.4.b. with the same nationality is limited to one (1). The maximum number of members with the same nationality among all members of the Central Board is two (2). 15.1.9 Membership of the Central Board is personal and proxies are not permitted. Central Board members must act in a responsible and independent manner, in the interests of FIBA globally. The membership of ex officio members (Article 15.1.4 a.) in the Central Board is conditional upon their holding the relevant position. Article 45 shall apply to all the members of the Central Board. 15.1.10 If an elected or co-opted member of the Central Board is absent from two (2) consecutive meetings without special leave of absence from the Central Board, then the Central Board shall declare his seat to be vacant. The consequent vacancy shall be filled for the balance of the term in accordance with Article 45 of these General Statutes. 15.1.11 Those members elected by the Congress under Article 15.1.4 b. are ex officio members of the Board of the respective Zone. 15.1.12 The first Vice-President is the person so appointed by the Central Board upon proposal by the President and Secretary General. The President and first Vice-President must come from different Zones. The President and the Secretary General may propose to the Central Board to appoint up to two (2) further Vice-Presidents from among its members. 15.1.13 In addition to the members of the Central Board, the following persons may attend the meetings of the Central Board, without voting rights: a. The Deputy Secretary General (if appointed) b. The Secretary General Emeritus (if the title is granted) c. The Executive Directors of the Regional Offices d. The president of the International Basketball Foundation 15.1.14 The Secretary General may invite other persons to attend meetings of the Central Board, in particular when matters within their competence are to be discussed. They shall have consultative powers only. 15.1.15 The Central Board will hold ordinary meetings twice yearly in the years of the elective Congress (cf. Article 14.1.5) and once in all other years. If necessary, the President and the Secretary General may call additional meetings of the Central Board. In this event, members must be informed at least thirty (30) days prior to the additional meeting. 15.1.16 Upon the request by at least fifteen (15) members of the Central Board, the Secretary General shall call an extraordinary meeting of the Central Board to be held within fourteen (14) days of the request.

15.1.17 A copy of the agenda and the working documents will be transmitted in such a manner so as to be in the hands of the Central Board members at least seven (7) days before a meeting commences. 15.1.18 No quorum is required for a meeting of the Central Board. 15.1.19 At the request of the President and the Secretary General, the Central Board may meet by video/audio conference and may vote by correspondence, including email or other electronic means. 15.2 The Executive Committee 15.2.1 Between the meetings of the Central Board, the Central Board's powers as per these General Statues are exercised by the Executive Committee. In doing so, the Executive Committee shall inter alia: a. Develop tactics for extending the reach of basketball; b. Use its influence in developing new commercial relationships; c. Monitor outcomes and performances against the annual business plan and the longer-term strategic plan approved by the Central Board; d. Approve the yearly budgets and receive financial updates; e. Assist management in dealing with critical issues that have the potential to derail the outcomes in the business plan / strategic plan; f. Assign hosts for events (except the FIBA Basketball World Cups for Senior Men and Women); g. Review and supervise the performances of the Zones and the Regional Offices; and h. Inform immediately all members of the Central Board of any decision taken by the Executive Committee. 15.2.2 The foregoing notwithstanding, the Executive Committee does not have the power to: a. Adopt and modify the FIBA Internal Regulations; b. Establish the Official Basketball Rules; c. Approve the audited financial statements; d. Approve the development and updates of FIBA's long-term strategic plan; e. Review the final text of proposed amendments to these General Statutes; f. Assign the organisation of the FIBA Basketball World Cups for Senior Men and Women; g. Appoint and dismiss the Secretary General and the Deputy Secretary General and to enter into contracts with them relating to their services and their duties on behalf of FIBA; or h. Supervise and monitor the Secretary General's performance and that of the Secretariat of FIBA.

15.2.11 If a member of the Executive Committee is absent from two (2) consecutive meetings without special leave of absence from the Executive Committee, then the Executive Committee shall declare his seat to be vacant. The consequent vacancy shall be filled for the balance of the term in accordance with Article 45 of these General Statutes. 15.2.12 Decisions of the Executive Committee can be appealed only before the Court of Arbitration for Sport. 15.3 The Treasurer 15.3.1 The Treasurer is elected by the Congress for one (1) renewable four (4) year term of office. 15.3.2 The process for the election of the Treasurer is as follows: a. At least one-hundred-and-twenty (120) days prior to the first day of an elective Congress, the Secretary General shall invite nominations for the position of Treasurer from the national member federations. b. Nominations shall close with the Secretary General ninety (90) days prior to the first day of the elective Congress at which the election will take place. c. The nominations shall be submitted to the Nominations Panel, which shall rule on the eligibility of the nominations no later than forty-five (45) days prior to the first day of the Congress (cf. Articles 14.1. 8 and 37). d. Upon proposal by the Secretary General, the Congress shall elect the Treasurer as provided for in Article 14.1.4 e. 15.3.3 The Treasurer has the following duties: a. To oversee the financial administration of FIBA and to liaise with the external auditors as required; b. To supervise the current account of income and expenditure; c. To examine the periodic financial reports prepared by the Secretariat of FIBA; d. To prepare the four (4) year budget in conjunction with the Finance Commission and the Secretariat of FIBA; e. To oversee the implementation of the budget; and f. To present the financial statements to the Central Board and to the Congress.

ARTICLE 16: THE SECRETARIAT OF FIBA

16.1 The Secretariat of FIBA shall consist of: a. The Secretary General; b. The Deputy Secretary General (if appointed); and c. The staff of the Secretariat. 16 .2 Members of the Secretariat of FIBA are employed under contract. Their contracts will be in accordance with the laws of Switzerland.

16.3 The Secretary General is appointed by the Central Board and is eligible for re-appointment upon expiry of his contract. The President and the Treasurer are authorised to sign such contract on behalf of the Central Board. 16.4 The Secretary General manages the Secretariat of FIBA and assumes all responsibility for it. He may not hold an official position within a national member federation or a Zone. 16.5 The Secretary General is the sole legal representative of FIBA. 16.6 The Secretary General, personally or through his advisors, is responsible for the study and implementation of measures concerning the promotion, supervision and direction of basketball worldwide, including such projects of technical and medical assistance that FIBA may be able to provide for national member federations or groups of national member federations. In particular, the Secretary General has the following duties: a. To lead and manage the Secretariat of FIBA; b. To ensure the implementation of all decisions taken by the Congress, the Central Board and the Executive Committee, and to report on the activities of the Secretariat of FIBA; c. To enter into contracts with the Executive Directors of the Regional Offices relating to their services and their duties on behalf of the Regional Offices, after approval by the Executive Committee; d. To evaluate, on behalf of the Executive Committee, the performance of the Regional Offices; e. To be responsible for all international and Olympic competitions; f. To be responsible for the implementation of the missions set out in Article 4 of these General Statutes; g. To ensure, as necessary, compliance with the regulations established by the International Olympic Committee (IOC) and the World Anti-Doping Agency (WADA); h. To convene and prepare the sessions of the Congress and meetings of the Central Board and of the Executive Committee; i. To maintain the archives; j. To publish and send the Official Basketball Rules, General Statutes, Internal Regulations, other rules and regulations, and decisions of FIBA to the members of the Central Board and the Executive Committee, the Regional Offices, the members of the Commissions, the national member federations and officially recognised bodies; k. To draft and circulate official communications of FIBA; l. To ensure the receipt of annual fees from members and also contributions, royalties and dues, emoluments, and fines imposed by the competent divisions of FIBA; m. To administer FIBA’s finances; n. To monitor and review on a continuing basis the income streams and financial resources of FIBA and to strive to create additional income streams and activities; o. To ensure compliance by the national member federations, their members and all FIBA officials and divisions with these General Statutes and all FIBA regulations and decisions and to inform the Central Board of any violations of the spirit and letter of them; p. To impose sanctions, in accordance with the basic principles governing the application of sanctions, provided for in these General Statutes or the Internal Regulations of FIBA unless provided otherwise; and q. To take decisions in cases where his jurisdiction is specifically provided for.