Appendix 4 Page 1 of 14 Regulation H – Rules Governing Players, Coaches, Support Officials, and Players’ Agents H1 Eligibility of Players H1.1 To be entitled to participate in FIBA competitions, a player must observe the General Statutes and Internal Regulations of FIBA. H1.2 The national member federation is responsible for the eligibility of its players at all times and will bear the consequences of any infractions of the Regulations governing Eligibility, National Status, International Transfer, and Age of Players. H1.3 All players who participate in competitions of FIBA and/or those of its national member federations must: a) Respect the spirit of fair play and non-violence and act accordingly at all times on the court. b) Refrain from using substances and from practices prohibited by the regulations of FIBA and those of the International Olympic Committee (IOC) and Word Anti-Doping Agency (WADA). c) Agree to submit at any time to medical tests and controls, particularly doping controls, carried out in compliance with the regulations of FIBA, the International Olympic Committee, and WADA. H1.4 A national member federation or FIBA is authorised to deny participation in competitions under its jurisdiction to players who do not respect the provisions provided for in H1.3 above. Permission to play may be refused also to any player who does not provide the declaration, as required for main official competitions of FIBA, in which he agrees to accept: a) The conditions in force for doping control. b) The decisions of the Court of Arbitration for Sport, Lausanne, to the exclusion of any recourse to ordinary courts, in the event of a dispute with FIBA which cannot be settled within FIBA. H1.5 Players in breach of the principles set out in H1.3(a), (b), and (c) may not be eligible to participate in the competitions listed in E1.1, E1.2, and E1.3 – refer to K4. H1.6 Players may enter into a written contract with a club. This contract may state that the player will receive payment. Appendix 4 Page 2 of 14 H1.7 Players who participate in professional leagues must belong to organisations which are members of the member federation; otherwise they will not be able to participate in the official competitions of FIBA. H1.8 No financial remuneration for the performances of a player or a team is permitted during the Olympic Games. H1.9 It is within the spirit of all FIBA regulations that players make themselves available for competitions of both their club and their national team. The national member federations are encouraged to enact regulations securing the participation of all players under their jurisdiction in their respective national teams. H2 National Status of Players H2.1 General Principles H2.1.1 These regulations apply to all competitions of FIBA. They apply at national team level and at international club level. H2.1.2 These regulations apply to both genders. H2.1.3 If necessary for reasons of mandatory international law, the Zones are authorised to draw up specific regulations applicable to club competitions within the Zone in question. Such regulations are subject to the prior approval of the Central Board of FIBA prior to their implementation. H2.2 Proof of legal nationality H2.2.1 FIBA may ask that evidence be provided to verify the legal nationality (or nationalities) of any player by requesting any documents it deems appropriate. H2.2.2 Proof of legal nationality of a country by itself does not constitute sufficient evidence to guarantee a player's right to play as a national for the national team of that country – see J2.3.1). H2.3 National teams H2.3.1 In order to play for the national team of a country, a player must hold the legal nationality of that country, and have fulfilled also the conditions of eligibility according to the Internal Regulations. H2.3.2 Players with two or more nationalities H.2.3.2.1 Any player with two legal nationalities or more, by birth or by naturalisation, may choose at any age the national team for which he wishes to play. Any such choice must be made in a written declaration to FIBA. This provision applies also to any player having acquired legal nationality by birth, or having the right to acquire a second nationality at birth, but who does not lay claim to this right until a given time in the future. Appendix 4 Page 3 of 14 H.2.3.2.2 However, if a player having two (2) or more nationalities is summoned by a national member federation after reaching the age of eighteen (18), he is obliged to choose for which national team he wishes to play. If he has declined the summons, the player may choose only the nationality/nationalities of the other country/countries, unless he declares, in writing, within fifteen (15) days of receiving the summons that he has chosen the country that summoned him first. H.2.3.2.3 Any player having played in a main official competition of FIBA for a national team for which he is eligible is considered as having chosen the national team of that country, with the exception of cases provided for under H2.3.5 and H2.7. H.2.3.2.4 Choices made under H2.3.2.1, H2.3.2.2 and H2.3.2.3 are irrevocable. H2.3.3 A national team participating in an international competition of FIBA may have only one player on its team who has acquired the legal nationality of that country by naturalisation or by any other means after having reached the age of sixteen (16). H2.3.4 After having played in the U-17, U-19,(U-21 or for a men’s or women’s national team of a country in a main official competition of FIBA, a player may not, under any circumstances, play for any national team of another country. H2.3.5 With the agreement of the two member federations concerned, FIBA may authorise a player who has played on a U-14 team of a country in a main official competition of FIBA, to play for a national team of a new country of which he has acquired legal nationality. A player thus authorised to change national teams may do this only once in his lifetime and may not, after this change, play again for the team of his first country. H2.3.3 applies also in this case. H2.3.6 For any player who has two or more legal nationalities by birth or by naturalisation, the national member federation for which the player wishes to play must obtain written certification from the national member federation of the country(-ies) corresponding to the player's other nationality(-ies), in which it is stated that he has not taken part in a main official competition of FIBA as a member of its national team. If the request for this certification remains unanswered, FIBA may issue provisional authorisation to the national member federation making the request. After a period of one year, this authorisation shall be considered final. Appendix 4 Page 4 of 14 H2.3.7 Special provision concerning the eligibility of players from dependent territories H.2.3.7.1 The following players are eligible to play for a dependent territory: a) Players born in the dependent territory; b) Players born in the respective main territory of at least one parent born in the dependent territory; and c) Players, regardless of their place of birth, born of parents both of whom were born in the dependent territory. H2.4 Club teams For the international club competitions of FIBA, the composition of the teams is not subject to any limitation concerning the legal nationality of the players. However, each national member federation and FIBA Zone may establish more restrictive regulations. Where the duration of a tournament does not exceed 15 days, the governing body of that competition may establish more restrictive regulations also. H2.5 Decisions H2.5.1 All decisions regarding the application of these regulations are taken by the FIBA Legal Commission acting through the Secretary General or a person delegated by him. With respect to Zone championships, the respective FIBA Zone Secretary General (or his delegate) will decide, with the exception of Marginal Cases (H2.7). Any such decision by a FIBA Zone shall be communicated immediately to FIBA. H2.5.2 The Secretary General of FIBA shall be authorised to review and set aside any such decision if he believes that the decision is contrary to the spirit and intent of the Internal Regulations and the established general policy of FIBA. Any decision by the Secretary General of FIBA to set aside a decision of a Zone must be made within fourteen (14) days of becoming aware of the Zone’s decision. H2.6 Sanctions H2.6.1 Where there are violations of the provisions contained in these regulations and, in particular, where national member federations, clubs, or other organisations are involved in the manipulation, no matter whether legal or not under the domestic legislation, of the legal status of players, administrative and disciplinary penalties shall be imposed in the first instance by the Secretary General of FIBA or his delegate, or by the Secretary General of the competent Zone or his delegate. Appendix 4 Page 5 of 14 H2.6.2 These penalties shall have immediate effect and be in accordance with the "Basic Principles governing the Application of Penalties" in these Internal Regulations. H2.6.3 Appeals are governed according to these Internal Regulations. H2.7 Marginal cases Decisions on marginal cases, i.e. cases not covered by these regulations, are the responsibility of the Secretary General following consultation with the President of the FIBA Legal Commission. The same shall apply with respect to refugees enjoying asylum rights and displaced persons (UNO Conventions). In certain cases, FIBA nationality may be granted to a player. H2.8 Appeals An appeal against decisions made under the foregoing provisions shall be submitted to FIBA’s Appeals’ Tribunal in accordance with the Regulations governing Appeals. H2.9 Costs If and when a hearing is organised under these Regulations involving member federations, clubs or players, FIBA shall be authorised to make the organisation of such hearing dependent upon the parties paying to FIBA reasonable administrative costs. H3 International Transfer of Players H3.1 Application of these regulations. H3.1.1 Unless indicated otherwise, for purposes of these Regulations, any decision related to an international transfer within a Zone shall be made in the first instance by the FIBA Zone and, in that event, any reference in these Regulations to “FIBA”, “FIBA Secretary General” or “FIBA Secretariat” shall be a reference also to the respective body of the FIBA Zone. Any such decision by a FIBA Zone shall be communicated immediately to FIBA. The Secretary General of FIBA shall be authorised to review and set aside any such decision if he believes that the decision is contrary to the spirit and intent of the Internal Regulations and the established general policy of FIBA. H3.1.2 Transfers between two FIBA Zones shall be dealt with by FIBA H3.1.3 Appeals against decisions of either the FIBA Zone or FIBA shall be lodged exclusively with the FIBA Appeals’ Tribunal. H3.1.4 Any decision related to a special agreement according to H3.2.2 below shall be the exclusive competence of the Secretary General of FIBA . Appendix 4 Page 6 of 14 H3.2 General Principles H3.2.1 Any basketball player shall have the right to play basketball in any country in the world, within the limits established by the General Statutes and Internal Regulations of FIBA and the eligibility regulations of the respective member federation. H3.2.2 These regulations governing international transfer apply in their entirety to all member federations. However, in exceptional circumstances, FIBA may reach a special agreement with a national member federation or one of its member organisations. H3.2.3 For national transfers, member federations are invited to draw on these Internal Regulations and to establish their own regulations governing the transfer of players in the spirit of the FIBA Regulations. H3.3 The player H3.3.1 Letter of clearance a) A letter of clearance must be obtained from the national member federation where a player was last licensed before he can be licensed by another member federation. This document certifies that the player concerned is free to be licensed by another member federation. b) A letter of clearance may not be issued to more than one national member federation at any one time. Sanctions may be imposed on a national member federation in the event of misleading practices and/or procedures. c) The letter of clearance may not be limiting or conditional. If applicable, the letter of clearance must mention any sanctions applied under the auspices of the national member federation that may be in force against the player. Such mention shall include the unexpired period of suspension from playing, the unpaid amount of a monetary fine which is part of the sanction applied by the national member federation, or the unexpired portion of any other sanction. FIBA must be informed when a letter of clearance is issued where there is an outstanding sanction. d) The only reason for which a national member federation may refuse to grant the request for a letter of clearance is if the player is under contract to play for his club beyond the scheduled transfer date. See H3.6.2.3. A letter of clearance may not be delayed or refused because of a monetary dispute between a club and a player. Appendix 4 Page 7 of 14 e) The national member federation may charge a maximum administrative fee of CHF 150,00 for the transfer of a player under its jurisdiction to another member federation. f) All the provisions of this rule apply to any player licensed by a national member federation who wishes to apply for an international transfer, irrespective of whether the player is a national or foreign player. H3.4 Age limit/young players H3.4.1 International transfer is not permitted before a player’s 18th birthday, except in special cases as decided exclusively by the Secretary General of FIBA after examination of the matter with the member federations and, if necessary, with the clubs and the player concerned. H3.4.2 At or after the player’s 18th birthday, the club of origin, i.e. the club or other organisation for which he is licensed at his 18th birthday (the “club of origin”), has the right to sign the first contract with the young player. H3.4.3 Such contract shall be in written form and respect the law of the country and of the federation of origin. It shall have a minimum duration of 1 year and a maximum duration of 4 years. H3.4.4 Should the player refuse to sign such contract and move to a new club in another country, the two clubs shall agree on a compensation sum to be paid to the club of origin and inform their respective member federations and FIBA. The compensation shall be based primarily on the investments made by the club(s) of formation but shall take into consideration other factors if the circumstances so require. H3.4.5 In the event that the clubs are unable to agree on the compensation within eight (8) weeks of the date on which a letter of clearance for the player in question was first requested by the new club’s federation, either club has the right to request that the compensation be determined by FIBA. Such request has to be made in writing within twelve (12) weeks of the date on which a letter of clearance for the player in question was first requested by the new club’s federation. H3.4.6 The decision as per H3.4.5 shall be taken by the Disciplinary Panel. The Panel may hear the two clubs and/or federations involved and/or the player if it deems it appropriate. Appeals may be lodged in accordance with H3.11. Appendix 4 Page 8 of 14 H3.4.7 The player shall not be allowed to play for his new club until the compensation agreed upon by the two clubs (H3.4.4) or determined by FIBA (H3.4.6) has been paid as per H3.4.8. In the event that an appeal is filed against the decision of the FIBA Disciplinary Panel, the player shall be allowed to play for his new club as soon as the sum of compensation determined by the FIBA Disciplinary Panel has been paid into an account of FIBA or the FIBA Zone where it will be held in escrow until the decision on the compensation is final. H3.4.8 The compensation sum determined as per H3.4.6 shall be paid to the national member federation of origin which will decide on how to redistribute the compensation sum among the clubs that have contributed to the formation of the player according to specific provisions that the national member federation has officially adopted. Such provisions shall be drafted in a way to respect the principle of protection of clubs forming young players. H3.4.9 Upon expiration of the contract as per H3.4.3 above, the player is free to move where he wishes without any compensation being due. H3.4.10 Member federations are invited to prepare similar regulations for their internal, i.e. national, transfer systems. H3.5 Licence restrictions H3.5.1 A player may not be licensed by more than one national member federation at the same time. H3.5.2 A player may not have more than one FIBA Foreign Player Licence at the same time. A FIBA Foreign Player Licence is issued for the duration of the national and international competitions in which the player’s club is currently participating, unless the player is transferred in accordance with these regulations prior to the completion of the competitions. H3.5.3 All licences held by the player become automatically null and void when the licence is revoked by the issuing authority. H3.5.4 FIBA Zones may set a deadline to apply during the club competition season after which time a licence will no longer be authorised. H3.6 The member federations H3.6.1 Transfer procedure H.3.6.1.1 Whenever a national member federation receives a request for a licence for any player who was previously licensed by another national federation, before granting such a licence in accordance with its own regulations, it must obtain a letter of clearance on behalf of the player concerned (exception: players from academic institutions, see H3.12). Appendix 4 Page 9 of 14 H.3.6.1.2 The national member federation may not grant the licence until it has obtained the letter of clearance from the national member federation of the country where the player was last licensed or from FIBA in terms of H3.6.2.4. H3.6.2 Deadline for response H.3.6.2.1 A request for a letter of clearance shall be sent by one of the following methods: a) Registered mail with recorded delivery, b) Email, c) Telegram, d) Telefax (with confirmation of receipt), e) Express courier with recorded delivery, f) Delivery by hand (with confirmation of receipt). H.3.6.2.2 The national member federation receiving a request for a letter of clearance must reply within seven (7) days following receipt of the request. It shall either grant or refuse the letter of clearance, and shall indicate whether the player in question was in fact licensed in the national member federation receiving the request for the letter of clearance. H.3.6.2.3 If the national member federation refuses the request for the letter of clearance in terms of H3.3.1 (d) above, this national member federation shall notify the party requesting clearance and FIBA immediately. The refusal shall be accompanied by a copy of the valid contract in question duly dated and signed by the parties involved. A certified English or French translation of this contract shall be attached. H.3.6.2.4 If there is no response within the seven (7) day period, the requesting national member federation shall immediately notify FIBA. This communication must be accompanied by a copy of the first letter requesting clearance addressed to the national member federation concerned and a copy of the passport of the player in question. FIBA will authorise the granting of the licence without a letter of clearance, unless there are exceptional circumstances as approved by the Secretary General of FIBA (but see H3.4 Age Limit regarding players under 18 years of age). Appendix 4 Page 10 of 14 H3.6.3 Players' availability to play for a national team H.3.6.3.1 General principles (see also H1.12). a) Any club which signs a contract with a player is obliged to release that player when he is summoned by a national member federation to play for its national team in any age category in a main official competition of FIBA. b) Any player registered with a club is obliged to reply in the affirmative when summoned to play for his national team. c) Upon an international transfer, each national member federation must guarantee to FIBA its responsibility in ensuring that this provision is applied by the clubs. d) Any special agreement reached by FIBA in accordance with H3.2.2 of the Regulations governing the International Transfer of Players shall remain unaffected. H.3.6.3.2 Procedure a) A player's availability must be requested by the national member federation concerned in a communication to the national member federation or club with which the player is registered at least thirty (30) days before the first day of the game(s). The request must be sent by one of those methods listed in H3.6.2.1. b) The player should be available at least for the duration of the competition or for each individual competition day, as well as for a preparation time of: (i) Seventy-two (72) hours for qualifying games; (ii) Fourteen (14) days for a tournament in a main official competition. c) The member federations concerned may agree on a shorter period of preparation. However, the player must under all circumstances arrive forty-eight (48) hours before the beginning of the first game and be released to return to his club within twenty-four (24) hours of the end of the game(s). d) If the national team competition is outside the club competition season, the above deadlines do not apply and shall be determined by the requesting national member federation in a reasonable way. e) A player who claims when summoned that he has an injury or illness, and that he is unable to play must, if the requesting national member federation so wishes, undergo a medical examination by a doctor chosen by the requesting national member federation. Appendix 4 Page 11 of 14 H.3.6.3.3 Financial Considerations a) A club having entered into an agreement with a player is obliged to release the player to the requesting national member federation, without any financial indemnity for the period provided for in H3.6.3.2 (b) above. b) The requesting national member federation must assume the player's travel expenses. c) The club to which the player is under contract is responsible for covering the player's insurance costs in the case of injury or illness whilst on release from the club and, particularly in the event of injury, during the game(s) to which he is summoned. H.3.6.3.4 Sanctions a) If a player licensed with a club is called to play on his national team for one of the main official competitions of FIBA and this player refuses to play for his national team for whatever reason (including injury or illness), he may not play for the club with which he is licensed for the entire duration of the training period and the competition. Restriction from playing for his club will be increased by thirty (30) days if the player's refusal to play is not manifestly due to illness or injury. If the period of application of the thirty (30) day sanction falls outside the national championship season, it is carried over to the following season. b) If a club refuses to release a player, the club is liable to: (i) A fine as stipulated in O1... (ii) Suspension. c) If a club allows a player to play during the period provided for in H3.6.3.4(a), this club is liable to: (i) A fine as stipulated in O1. (ii) Suspension. (iii) A default of zero: twenty (0:20) for all games played with the player during the said period, unless the club loses by more than twenty (20), in which case the result stands. d) Should a national member federation act against the spirit and/or the letter of this rule, this national member federation is liable to: (i) A fine as stipulated in O1. (ii) A suspension. Appendix 4 Page 12 of 14 e) The decisions as per (b), (c). and (d). above shall be taken by the FIBA Secretary General (or his delegate). The decisions shall be subject to appeal. f) Should a club be penalised in accordance with H3.6.3.4 (b) and/or H3.6.3.4(c),, the national member federation of this club is responsible for enforcing those sanctions. g) In the event that a club fails to settle its debts with the FIBA Zone, that Zone shall be authorised to collect these debts from the national member federation to which the club is affiliated. H3.6.4 Disputes For international transfers between two FIBA Zones, any dispute arising from a refusal to issue a letter of clearance shall be decided by the Secretary General of FIBA with the possibility of appeal (see H3.11). When the proposed transfer is within a FIBA-Zone, such disputes shall be decided by the Secretary General of the respective FIBA Zone, also with the possibility of appeal (see H3.11). H3.6.5 Bilateral agreements National member federations may establish bilateral agreements regarding the transfer of players between clubs of the two countries involved, with provisions to regulate such transfers to the satisfaction of all concerned. Such agreements must be approved by the appropriate FIBA body before being implemented. H3.6.6 Illegal transfers H.3.6.6.1 Any international transfer having taken place without a letter of clearance is invalid and, in this case, a national member federation issuing a licence will be liable to a fine in accordance with H3.9 of these regulations. H.3.6.6.2 Any international transfer carried out in accordance with the procedures set out in these regulations, but having taken place after an illegal transfer, is null and void, other than in exceptional cases upon the decision of the Secretary General of FIBA. H3.7 Registration of players and FIBA player licences H3.7.1 Registration Member federations must register all foreign players in their country. Additionally, they must annually: Appendix 4 Page 13 of 14 a) Obtain a Foreign Player "A" Licence from the FIBA Zone for those players participating in the 1st and 2nd divisions of the national championship. After the national member federations have registered players for their respective national championship, they have a period of ten (10) days within which the documents required to obtain an "A" Licence must arrive at the FIBA Zone. A failure to abide by this deadline will incur an administrative fine as stipulated in O1.. b) Obtain a FIBA Player "B" Licence from FIBA for those players participating in official cups and tournaments of FIBA. c) Register with the Secretariat of the competent Zone a list indicating full name, nationality by birth, current nationality and club's name for each foreign player having reached the age of eighteen (18) and participating in the 3rd and 4th divisions. H3.7.2 Procedure H.3.7.2.1 FIBA authorises the Zones to issue "A" and "B" licences within their respective Zones. H.3.7.2.2 To obtain a Foreign Player "A" Licence from the FIBA Zone, each national member federation must submit the following documents to its Zone Secretariat: a) List of its foreign players' names; b) Registration form for each foreign player; c) Letter of clearance or statement for players from academic institutions; d) Photocopy of the player's passport showing the bearer's full name [and, if applicable, his former name(s)], date and place of birth, legal nationality and date of expiry. e) A recent passport-compliant photograph of the player. H.3.7.2.3 To obtain a FIBA Player "B" Licence from the FIBA Zone, the provisions established by the relevant Zone shall apply. H.3.7.2.4 Prior to the start of each season, each Zone shall establish a deadline for the registration of foreign players under its jurisdiction. H3.7.3 Financial provisions H.3.7.3.1 FIBA, or the issuing Zone acting on FIBA's behalf, may charge a participation fee for each foreign player in one of two categories as follows: a) Participation fee "A" - First and second divisions of national championships - (See O3 for the fee payable): Appendix 4 Page 14 of 14 b) Participation fee "B" - Official cups and tournaments of FIBA (see O3 for the fee payable): H.3.7.3.2 A player who has obtained a Foreign Player "B" Licence does not need a separate "A" licence, provided that he continues to play for the club for which the "B" licence was issued. H.3.7.3.3 With regard to participation fee "A", the Secretary General of the issuing Zone may, in special cases, apply a fee lower than that stipulated in O3 for a limited period. H3.8 Disputes All disputes and cases arising from these regulations remain under the exclusive jurisdiction of the Secretary General of FIBA or his delegate. H3.9 Sanctions A fine as stipulated in O1 may be imposed by FIBA should a national member federation fail to submit to the Secretariat of its Zone the list of foreign players with the necessary information and documentation by the given deadlines, or otherwise fail to observe the Regulations governing the International Transfer of Players. H3.10 Costs If and when a hearing is organised in connection with a dispute under these Regulations involving national member federations, clubs or players, FIBA may make the organisation of such hearing dependent upon the parties paying to FIBA reasonable administrative costs. H3.11 Appeal Any appeal against decisions relating to these regulations, no matter whether these decisions have been made by FIBA or a FIBA Zone, shall lie with the FIBA Appeals’ Tribunal according to the Regulations governing Appeals. H3.12 Academic institution players H3.12.1 If a player, after having played for a club affiliated to a FIBA member (FIBA club) plays for an academic institution which does not recognise the FIBA Regulations governing the International Transfer of Players, and subsequently returns to a FIBA club, he is then considered as having transferred from a FIBA club to a FIBA club (in other words, his playing activities during his stay at the academic institution will be disregarded). H3.12.2 A player who has not played for a FIBA club before playing for an academic institution and who wants to play for a FIBA club for the first time does not need a letter of clearance: he is eligible to play as soon as he has presented a written declaration to the national member federation concerned, stating that he has never played for a FIBA club. |
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