ARTICLE 1. NAME AND FOUNDING PURPOSE
1.1 – The name of this organisation shall be the World Baseball Softball Confederation, and hereinafter may sometimes be referred to as “WBSC” or the “Confederation.” WBSC is and shall remain a not-for-profit and apolitical entity, organised as an Association according to the provisions of Swiss Civil Code, Part One, Title Two, Chapter Two.
1.2 – The WBSC is the only recognised International Governing Body for the Sport of Baseball/Softball, legally established in accordance with its own Statutes as well as Swiss Civil Code and it shall be in charge of all Baseball/Softball activities thereof in all the countries and territories of the world, which accept its Statutes, Code of the Divisions, By-Laws, Rules and Regulations.
1.3 – WBSC was formed in 2014, and such recognised by the International Olympic Committee and other world recognition organisations, by the merge of the International Baseball and Softball Federations (IBAF and ISF), to provide a unified voice, governance and control for the sport of Baseball/Softball (the “Sport”) and all disciplines of Baseball/Softball (the “disciplines”) throughout the world. Where used in these Statutes the Sport of Baseball/Softball shall include the disciplines of Baseball and Softball. The WBSC will have the sole authority to govern the Sport internationally and will replace the ISF and the IBAF (which are no longer recognised as International Federations by the IOC) on the list of IFs for core sports as found in the IOC By-Law to Rule 45, ¶ 2.1.2.
1.4 – The WBSC is constituted of the Member Federations, Associations or Organisations, which organise, promote and develop the Sport in their respective countries or territories.
1.5 – The WBSC is an association whose Member Federations, Associations or Organisations join the WBSC voluntarily; Full Member Federations are recognised in each country or territory as being the sole governing body for Baseball and/or Softball in that particular country or territory. By voluntarily affiliating with the WBSC, the Member Federation and/or their individual members/organisations/athletes/officials belonging to that Member Federation by participating in WBSC events and/or tournaments in any capacity whatsoever, implicitly and explicitly agree to adhere to the principles and specific conditions expressed in the Statutes, Code of the Divisions, By-Laws, Rules, Regulations of the WBSC as in effect at any particular time.
ARTICLE 2. LOCATION
2.1 – The world headquarters of WBSC shall be located in Lausanne, Switzerland. The city may be changed by the WBSC Extraordinary Congress.
ARTICLE 3. DISCRIMINATION
3.1 – WBSC shall not allow any discrimination against Member Federations, Associations or Organisations or individuals (athletes, officials, umpires, delegates, and the like) on the grounds of race, national origin, sex, colour, religion, sexual orientation, ancestry, disability, or political affiliation.
ARTICLE 4. OBJECTIVES
4.1 – The Objectives of this Confederation shall be as follows:
a) To encourage the development of all disciplines of our Sport of Baseball/Softball throughout all countries and territories.
b) To promote and encourage the development of physical attributes and moral values and ethical principles, mutual respect and worldwide peace, which are the basis of our Sport, through the organisation of world, continental, regional, sub-regional and national competitions.
c) To fully comply with the Olympic Charter and to contribute to the realisation of its objectives.
d) To promote clean sport, fight against doping through prevention and education and adhere to the World Anti-Doping Code (WADC).
e) To promote and encourage the development of international relations through the greatest bonding and fairest and most amicable cooperation between its Member Federations, Associations and Organisations.
f) To promote, sponsor and, if needed, found such bodies as may be deemed necessary for the best development and functioning of Baseball/Softball and the disciplines of Baseball and Softball throughout the world.
g) To form partnerships, cooperations or amalgamations with other International Sporting Organisations (ISOs) to further the promotion and development of Baseball/Softball and the disciplines of Baseball and Softball throughout the world.
h) To subscribe to, apply to or join any other ISOs whose objectives are consistent with those of WBSC.
i) To guard and protect the general interests of Baseball/Softball throughout the world and before such organisations and institutions as may be required.
j) To adopt, approve, administer, revise, and enforce uniform rules and regulations governing competitions in Baseball/Softball.
k) To organise Olympic Competitions.
l) To ensure that other competitions are sanctioned by WBSC under, and comply with, these Statutes, the Code of the Divisions and any relevant Tournament Regulations of the respective Baseball and Softball Divisions (as defined below at Article 12.1), and such competitions are open to eligible National Federations.
m) To decide any dispute that may arise between, among or involving Member Federations, Associations and Organisations, including that between, among or involving any individual athlete or official, that is referred to WBSC by an interested party, and to provide for the uniform recognition and application of disciplinary actions.
n) To establish, organise and administer training, qualification and development programs for athletes, administrators, coaches, managers, umpires, scorers, technicians and any other official.
o) To carry out studies and investigations and promote and organise seminars, workshops, conferences and other events for the improvement and development of Baseball/Softball throughout the world.
p) To establish, collect or cause to be collected and to approve and maintain statistics, statistical compilations and records for access via the web site and elsewhere.
q) To establish, calculate and promote the World Rankings for Baseball/Softball at different levels, including for all international, continental, regional and sub-regional Baseball/Softball competitions.
r) To recognise appropriately the contributions of those involved in Baseball/Softball.
s) To cooperate with the IOC and the Olympic Movement to promote, implement, and achieve these Objectives, and to preserve and guarantee the interests of WBSC and its Member Federations, Associations and Organisations and to support and maintain the ideals of the Olympic Movement in all aspects of Baseball/Softball.
t) To carry out such other activities as the Executive Board may deem desirable to promote and/or develop the sport of Baseball/Softball.
ARTICLE 5. LANGUAGE
5.1 – The official languages of WBSC shall be English and Spanish. In case of doubt, the English language shall prevail. Additional official languages may be adopted by simple majority of either the WBSC Ordinary or Extraordinary Congress.
ARTICLE 6. MEMBERSHIP
6.1 – The recognised national or territorial sports bodies governing Baseball or Softball, or those single bodies jointly governing Baseball and Softball, shall be eligible for membership in WBSC as a National Federation if qualified, or such other condition of membership as may be established by the Executive Board.
6.2 – The constitution, by-laws or articles of association and rules of a Member must not be in conflict with those of WBSC. Where there is a conflict, the WBSC Statutes, Code of the Divisions, By-Laws, Rules and Regulations shall prevail.
6.3 – Each Member, by accepting membership of WBSC, acknowledges that WBSC is the only recognised body in the world that governs Baseball/Softball internationally.
6.4 – The WBSC shall have the following classes of membership:
a) Affiliated members, which will be categorised as either Full Members or Provisional Members; or
b) Associate members, officially approved by the WBSC Executive Board.
6.5 – To be a Full Member of the WBSC, the following is required:
a) The applicant must officially apply to the WBSC.
b) That there exists a National Olympic Committee (NOC) in the country or territory of the Federation, Association or Organisation applying for affiliation.
c) The applicant Federation, Association or Organisation must exercise a specific, real and on-going sports Baseball/Softball activity and be governed by and comply in all aspects with both the Olympic Charter and the WBSC Statutes, Code of the Divisions, By-Laws, Rules and Regulations.
d) When a country or territory wishes to set up its own NOC and requires a minimum National Sports Federations, Associations or Organisations in order to obtain such status, the WBSC may accept from the applicant its request for incorporation into and recognition by the NOC in the process of the NOC’s incorporation and in such case, WBSC may admit it as a provisional member. Such provisional acceptance shall remain in force pending the decision of the International Olympic Committee in relation to recognition of the corresponding NOC.
e) The Federation, Association or Organisation affiliated to the WBSC shall be the only authorised body to legislate and pass resolutions, motions and provisions in its country or territory, in all Baseball/Softball competitions organised within its jurisdiction or territory, and shall be authorised to set up relations with other members, in accordance with the WBSC Statutes, Code of the Divisions, By-Laws, Rules and Regulations.
6.6 – To be a Provisional Member of the WBSC, the following is required:
a) The applicant must officially apply to the WBSC.
b) The applicant Federation, Association or Organisation does not have an IOC-recognised NOC in its country or territory but is recognised by WBSC to be the only Federation, Association or Organisation authorised to legislate and pass resolutions, motions and provisions in its country or territory, in all Baseball/Softball competitions organised within its jurisdiction or territory and to set up relations with other members, in accordance with the WBSC Statutes, Code of the Divisions, By-Laws, Rules and Regulations.
6.7 – To be an Associate Member of the WBSC, the following is required:
a) The applicant must officially apply to the WBSC.
b) The applicant must be a self-administered international or major organisation, other than a National Federation, recognised by the WBSC and whose activities or objectives involve the development of the Sport of Baseball/Softball and whose objectives are not in conflict with those of WBSC.
c) The applicant must meet such other criteria and conditions as may be set by the WBSC.
d) The applicant must agree to and must respect and abide by the WBSC Statutes, Code of the Divisions, By-Laws, Rules and Regulations.
6.8 – For the purposes of managing and organising all championships and events at regional and continental level, WBSC recognises five (5) world regions (“Continents”): namely, Africa, Asia, Europe, the Americas and Oceania.
6.9 – The Continental Associations, constituted of WBSC affiliated members geographically situated within their continent, shall have proper authority within the limits of their jurisdiction following the WBSC policies and shall, under WBSC control, supervise Baseball/Softball activities in their respective areas. In accordance with Chapter 1, Article 3.2 of the Olympic Charter, the Statutes of the Continental Associations must comply with the Olympic Charter and the WBSC Statutes, Code of the Divisions, By-Laws, Rules and Regulations and must be approved by the WBSC.
6.10 – The duties and responsibilities of the Continental Associations are:
a) To promote, develop and control Baseball/Softball and implement the WBSC policies within its geographical limits, ensuring compliance with the WBSC Statutes, Code of the Divisions, By-Laws, Rules and Regulations.
b) To approve and implement its own rules and regulations and ensure they are in accordance with the WBSC Statutes, Code of the Divisions, By-Laws, Rules and Regulations.
c) To apply, within their geographical limits, the specific aspects marked in WBSC Statutes, Code of the Divisions, By-Laws, Rules and Regulations concerning the membership fee, members’ obligations and other duties and responsibilities of Members.
d) To authorise, organise and control, with the prior approval of the WBSC, continental, regional and sub-regional tournaments and competitions, including those in continental, regional and sub-regional multi-sports Games and events, with the exception of championships and events related to the qualifications for the Olympic Games, which remain under the sole competence and authority of the WBSC.
e) The President of the WBSC and/or his or her representative may attend all meetings of the Continental Associations’ Executive Committees, Congresses and all other meetings and events as may be held at any time. The Continental Associations shall ensure that the WBSC Executive Office shall be notified of the Meetings of the Continental Associations’ Executive Committees, Congresses and all other meetings and events at the latest when the official call is made to ensure that the President and/or his or her representative is able to attend these meetings.
f) When a Continental Association imposes a penalty and/or a sanction on an athlete, official or any individual or organisation, such matter and decision shall be brought to the attention of the WBSC for the WBSC’s decision as to whether such penalty and/or sanction would affect the affected person or organisation in relation to WBSC competitions, events and activities.
6.11 – Non-compliance with these provisions and Statutes and in the event of conflict between decisions of the Executive Board and the Continental Associations may lead to the intervention of WBSC as appropriate, including sanctioning provided in these Statutes and in the Disciplinary By-Laws.
ARTICLE 7. APPLICATION FOR MEMBERSHIP
7.1 – Subject to Article 8, eligibility for membership is open to any organisation that files an application, satisfies the criteria and requirements for membership, and demonstrates that it is eligible for membership in accordance with the provisions of these Statutes.
7.2 – WBSC shall recognise only one National Federation for Softball and only one National Federation for Baseball, or only one joint National Federation which will govern both Baseball and Softball in a country or territory for which an application is made and approved. The jurisdiction shall be limited to the internationally recognised political boundaries of that country or territory. The WBSC may not recognise more than one such Federation in any country or territory.
7.3 – For new Members, an applicant for membership as a National Federation shall submit an application addressed to the WBSC President and sent to the WBSC Headquarters for recognition as a Member, in such form as the WBSC may require, which application shall include all supporting documentation and any additional information as required by the Executive Board. In addition, an applicant must:
a) be a separate legal entity under the laws of the country or territory in which it is organised;
b) be a charitable, public service, or not-for-profit entity having as its purpose the advancement of Baseball/Softball competitions and activities within its country, and have the managerial and financial capability to plan and execute its obligations;
c) acknowledge WBSC as the sole governing body for international Baseball/Softball and as the sole sanctioning authority for all WBSC competitions, and comply with the provisions of the WBSC Statutes, Code of the Divisions, By-Laws, Rules and Regulations and each applicable Tournament Regulations;
d) acknowledge all other member National Federations as the only governing authorities for Baseball and/or Softball in their respective nations and all Continental Associations as the governing body for Baseball and/or Softball on a continental basis, subject to the constitutional limitations of such organisations;
e) provide a means for and act as a conduit for all correspondence or communications regarding international Baseball/Softball affairs;
f) timely pay such fees, dues, or other financial assessments in full and timely provide such information to WBSC as may be required of member National Federations. The amount of annual membership dues or other financial assessments shall be set by the Executive Board. Dues must be paid on or before March 31st of each year in US Dollars;
g) not discriminate in its membership policies and is open to any individual who is an athlete, coach, trainer, manager, administrator, official active in Baseball/Softball in its country and not subject to a disciplinary action;
h) provide any person over which it may have authority to determine eligibility to compete in Baseball/Softball or for membership in its organisation, with fair notice and opportunity for a hearing before declaring such person ineligible to participate, or revoking such membership;
i) be governed by a board of directors or other such governing board whose members are selected without discrimination of any form, except that, in sports where there are separate male and female programs, it provides for representation of both males and females on such board of directors or other such governing board;
j) provide and enforce proper procedures for the prompt and equitable resolution of grievances of its members, providing due process in all instances; and
k) be approved by the Executive Board, and by a majority vote of National Federations, Members of WBSC, present and eligible to vote at the Congress during which such a vote is taken.
7.4 – If an application for membership as a National Federation is not accepted by the Executive Board or by a Congress under Articles 7 and 8 hereof, the applicant may reapply prior to a subsequent Congress. If the membership is not accepted a second time, then the applicant may only reapply after allowing at least one regular Congress to pass.
7.5 – An applicant to be a Member from a geographic territory that does not have a recognised NOC may be admitted as a Provisional Member, if it meets all the other criteria of Articles 7 and 8. The Congress, in future, may approve other classes of Member by Special Resolution.
7.6 – For new Members, an application for membership as a National Federation shall include the following documents:
a) A certified copy of its Statutes and Regulations.
b) The original admission certificate of its NOC/Ministry of Sports/National Sport Institute or a copy of the application for registration with the NOC/Ministry of Sports/National Sport Institute. If said application is denied, it must attach a copy of the correspondence pertaining thereto. No admission certificate from a NOC is required for those applicants seeking Provisional or Associated Member status.
c) The composition of its Board of Directors or such other governing committee as well as its members, with the position, name and addresses of all of its officers and members.
d) A short description of the national and other competitions, activities and events organised within the country or territory for a period of three (3) years preceding the application and the 3-year plan for the future development of Baseball/Softball in the country or territory.
e) The application form must include a formal statement from the applicant that it will comply with the WBSC Statutes, Code of the Divisions, By-Laws, Rules and Regulations and any WBSC resolution or directive.
7.7 – An applicant to be an Associate Member of WBSC must be accepted by the Executive Board under Article 6.4(b).
ARTICLE 8. RIGHTS AND DUTIES OF MEMBERS
8.1 – A Full Member in Good Standing has the following rights (“Rights”):
a) to attend the Congress;
b) to use the services of WBSC;
c) to have the right to speak in all deliberations at the Congress;
d) to vote in all deliberations and matters submitted to the Congress;
e) to take part in Olympic Competitions and other WBSC sanctioned competitions for which they are eligible;
f) to be recognised as the only Baseball/Softball National Governing Body of its Country by everybody;
g) to do or engage in any other act to which a Member that is in Good Standing is otherwise entitled to do; and
h) to make proposals and submit resolutions to the WBSC for the consideration of the Executive Board and/or the Congress.
8.2 – A Provisional Member in Good Standing has the following rights (“Rights”):
a) to attend the Congress;
b) to use the services of WBSC;
c) to have the right to speak, but not to vote, in all deliberations or in all matters submitted to the Congress;
d) to do or engage in any other act to which a Member that is in Good Standing is otherwise entitled to do; and
e) to make proposals and submit resolutions to the WBSC for the consideration of the Executive Board and/or the Congress.
8.3 – An Associate Member in Good Standing has the following rights (“Rights”):
a) to attend the Congress;
b) to have the right to speak, but not to vote, in all deliberations or in all matters submitted to the Congress; and
c) to make proposals and submit resolutions to the WBSC for the consideration of the Executive Board and/or the Congress.
8.4 – The rights of the Members are exclusive and particular to each member as an organisation and as such, these rights cannot be delegated by the Member to any other Member or others. Similarly, a Member can only exercise its rights in a Congress of the WBSC through a delegate duly and properly appointed and authorised by the Member. A delegate so appointed and authorised by a Member may only represent and vote exclusively on behalf of that Member. A delegate may therefore represent only one Member.
8.5 – All Members are obligated to do the following (“Obligations”):
a) to support WBSC in its efforts to achieve its objectives;
b) to act in accordance with the decisions of WBSC and the Congress;
c) to faithfully carry out the duties and responsibilities entrusted to them, maintaining ethical principles and moral values proper to the organisation;
d) to pay the annual fee and all other financial obligations timeously;
e) to maintain itself as a Member in Good Standing;
f) to inform the WBSC concerning the organisation of their national and other competitions, activities and events and the results of the same, and update the WBSC of the number of its own membership, athletes and such other information as may be required by the WBSC;
g) to ensure and where necessary, amend, their own Statutes, By-Laws, Rules, Regulations and Policies so that they are in consistent with the WBSC Statutes, Code of the Divisions, By-Laws, Rules and Regulations;
h) to obtain approval of WBSC for any change of name and/or its own Statutes, By-Laws, Rules and Regulations before any such changes are valid; and
i) to ensure that all athletes and other individuals and organisations under the jurisdiction of that Member are bound by and comply with the responsibilities and duties of the Member and with the WBSC Statutes, Code of the Divisions, By-Laws, Rules and Regulations.
ARTICLE 9. DISCIPLINARY ACTIONS
9.1 – Any matter related to disciplinary actions will be decided by the Executive Board and in accordance to the WBSC Disciplinary By-Laws.
ARTICLE 10. TERMINATION OF MEMBERSHIP
10.1 – The membership status of a WBSC Member may be forfeited on any one or more of the following grounds:
a) By the Member’s written notice of resignation from membership, addressed to the WBSC President and dispatched to the WBSC Headquarters.
b) Through suspension by the Executive Board for such period as the Board deems fit and proper or de-registration, after a preliminary hearing on the matter concerned.
c) Through failure to fulfil financial obligations in a period of two (2) consecutive years, after a period of sixty (60) days from the date of receipt of the notice from WBSC to pay the same, whereupon the membership shall be automatically forfeited immediately.
10.2 – All matters relating to the termination of membership will be decided by the Executive Board and in accordance to the WBSC Disciplinary By-Laws save and except that decisions on the forfeiture and de-registration of membership must be endorsed at the next following Congress.
ARTICLE 11. FEES, REVENUES AND EXPENSES
11.1 – WBSC shall be empowered to raise funds to the maximum extent permitted by law, and by whatever means proper under these Statutes. The income and property of WBSC shall be used towards the fulfilment of the Objectives as determined by the Executive Board in the proper exercise of its powers, or the management of WBSC under the control of the Executive Board.
11.2 – Both the Baseball Division and the Softball Division (as defined in Article 12.1) shall be considered and treated as of equal importance and shall each bear the responsibility of WBSC expenses and be allocated revenues from WBSC on an equal basis for all purposes, including but not limited to operating budgets for their offices and employees, conduct of Olympic and other Competitions, and development of their respective sport worldwide.
11.3 – The Executive Board of the WBSC shall be charged with ensuring compliance with this goal.
11.4 – WBSC is liable for its obligations with its assets. Such liability is limited to these assets. The liability of Members is limited to their dues.
ARTICLE 12. ORGANISATION OF WBSC
12.1 – The WBSC shall be responsible, through the respective divisions (the Divisions) of Baseball (the “Baseball Division”) and of Softball (the “Softball Division”), for the technical rules and competition supervision and organisation of the Sport and all disciplines. The Executive VP for the Baseball Division and the Executive VP for the Softball Division may be referred to as the Chair of the respective Baseball and Softball Divisions.
12.2 – The Baseball and Softball Divisions are authorised and entitled to raise revenue and shall create, manage and control competitions in their respective Division, provided, however, that all such competitions shall use the name of the WBSC. Any sponsorship, any broadcast agreement or third party contract to be entered into by the Baseball or Softball Division with the use of the WBSC name or logos, shall be submitted to the Executive Board for its approval and such agreement shall be signed by the WBSC. Should the Executive Board believe that the proposed competition, the proposed sponsorship, the proposed broadcasting or third party contract would conflict with other WBSC agreements or would reflect negatively on the WBSC, the Executive Board may withhold approval for the Baseball or Softball Division to use such rights.
12.3 – The following entities are established to govern and administer WBSC:
a) the Congress;
b) the Executive Board; and
c) such WBSC Commissions as the Executive Board may deem appropriate.
In accordance with the WBSC Statutes, Code of the Divisions, By-Laws, Rules and Regulations, Commissions may be appointed to exercise their respective functions as delegated to them by the Executive Board. The Commissions shall report to and be subject to the authority of the Executive Board.
12.4 – The WBSC Executive Office shall perform the administration and management of the WBSC and shall report to and be responsible through the President to the Executive Board.
ARTICLE 13. THE CONGRESS
13.1 – The Congress is the highest authority of the WBSC and shall have the power to decide upon any matters arising in the WBSC. Its legally-adopted resolutions, decisions and dispositions are binding on the Executive Board and its Delegate Organs, for the Member Federations, Associations or Organisations and for the Continental Associations.
13.2 – The Congress shall consist of the following:
a) up to two (2) delegates for each Member Federation in Good Standing who have been appointed by the Member Federation and whose credentials are accepted by WBSC (“Accredited Delegates”). A Member Federation which governs only Baseball or only Softball in its country shall have a single delegate; a Member Federation which governs both Baseball and Softball in its country may have up to two (2) delegates, one (1) for each sport.
Notice of the Appointment of all delegates, certified in writing by the Member Federation’s President or Secretary they represent must be lodged with the WBSC Secretary General no less than ten (10) days prior to the opening of the Congress. Only one (1) delegate representing a Member Federation for Softball and one (1) delegate representing a Member Federation for Baseball shall have one (1) vote, provided, however, if a Member Federation for both Softball and Baseball is represented by only a single delegate, such delegate shall be entitled to two (2) votes. A Member that is not in Good Standing on the date of the Congress may attend only through a non-voting representative. Accredited Delegates and non-voting representatives shall not be recognised if they are subject to a disciplinary decision that prohibits participation in a Congress. No Accredited Delegate or representative shall represent more than one (1) Member.
If a Full Member wishes to send more than the permitted voting Accredited Delegate(s), it may do so, by registering the delegate in the Notice of Appointment. Such extra registered Delegate(s) have the right to attend, but only the permitted Accredited Delegate shall have the right to speak and to vote as previously stated. In the said Notice of Appointment, the Member Federation, Association or Organisation, the name of the voting Accredited Delegate with the right to vote, must be clearly stated and indicated. In his or her absence, the vote may be exercised by the other registered Delegates, in the order in which they appear on the Note of Appointment.
All Delegates to a Congress must be a Member of the Board, Executive Director, Chief Executive or Secretary General, of a Member Federation authorised in writing by that Member Federation; nevertheless, subject to the prior approval of the Executive Board, a diplomat from the corresponding country or territory of a member of the WBSC may be appointed as a Delegate for a Congress held in the country or territory in which he/she is accredited.
b) all members of the Executive Board, with the right to speak but no right to vote;
c) Provisional and Associate Members, with the right to speak but no right to vote;
d) all others whose attendance is authorised by the Executive Board, with the right to speak but no right to vote.
13.3 – The President shall control the conduct of a Congress (“Chair”). Should President for any reason be unavailable, then one of the Executive Vice Presidents chosen by the Executive Board shall preside and thereafter alternating between them if the President is again not available, or if no Executive Vice President is available then the Secretary General shall be the Chair, in that order. If no such person is available, the Executive Board shall elect one among them to serve as Chair.
13.4 – WBSC will meet in Congress every second calendar year, in the odd numbered year (commencing in 2017, in exactly the first and the third year of the four-year Olympic cycle) and at a time and in a place determined by the Executive Board, except for an Extraordinary Congress that shall be convened according to Article 13.10. The Secretary General shall advise the exact date and location of every Congress at least three (3) months prior to the fixed date of the meeting, and the exact date and location of every Extraordinary Congress as soon as that Extraordinary Congress is validly called in conformance with Article 13.10. The Secretary General shall send an invitation to all Members, together with the agenda for the Congress and any reports as in Article 13.6 below and together with all duly submitted motions and applications at least one (1) month prior to the date fixed for the meeting.
13.5 – The Congress has a quorum if more than one-half of the eligible voting delegates are represented. If within a reasonable period after the designated start time for a Congress the Secretary General has conducted the Roll Call and established that a quorum is not present, any duly summoned Congress may, nevertheless, act as it goes along with the affirmative vote of at least an absolute majority of the votes constituting the normal quorum in the WBSC. If this action refers to a change in the Statutes, an affirmative vote of at least two-thirds (2/3) of the votes normally constituting the quorum (Members that have the right to vote) will be required.
13.6 – The Executive Board shall propose the order of business to submit to the approval of the Congress.
13.7 – Motions, applications and proposals for amendments of or addition to the Statutes or any Rules of WBSC shall be considered only if submitted by a Member or by the Executive Board. Any proposal for amendments of any Tournament Regulations may only be generated by the responsible Division. All motions, applications, and proposals to be considered by the Congress must reach the Secretary General at least two (2) calendar months prior to the date for the Congress and must appear on the agenda given to the Members in accordance with Article 13.4. On a motion of urgency approved by a two-thirds (2/3) majority of those Members present and voting, the Congress may deal with new proposals not appearing on the agenda.
13.8 – Any amendment of or addition to the WBSC Statutes, Rules and Regulations agreed upon by the Congress shall become effective immediately unless otherwise determined at the time of such approval.
13.9 – The Code of the Divisions is the operating document of the Baseball and Softball Divisions and may be amended by the WBSC Executive Board and subject to approval of the WBSC Congress. All the By-Laws are operative documents for the WBSC and may be amended only by vote of the WBSC Executive Board.
13.10 – An Extraordinary Congress may be requested by a petition signed by at least a fifth (1/5) of the current Members in Good Standing, or by the Executive Board (the majority of its members having voted in favour thereof), or by the President. It shall be summoned by the Secretary General within forty-five (45) days following the appropriate request, to convene no later than ninety (90) days after receipt of the petition or the decision of the Executive Board. The Secretary General shall provide notice at least thirty (30) days prior to the scheduled start of the Extraordinary Congress. Within the same period of time, the Secretary General shall send the Agenda to all the Members, including the location, the time of the first session opening and notification of all the topics to be dealt with which, in any case, will be the only ones on which valid resolutions can be passed.
13.11 – The functions and responsibilities of the Congress shall be:
a) To elect the President, the Secretary General, the Treasurer and the four Members At-Large in accordance with the Election By-Laws.
b) To ratify the Vice Presidents and the Athletes representatives in accordance with the Election By-Laws.
c) To suspend on justifiable grounds and/or to accept the resignation of Members of the Executive Board in accordance with the Election By-Laws.
d) To be aware, analyse, and approve such resolutions, decisions and dispositions deemed appropriate on any WBSC matter or anything related to it or to its objects.
e) To analyse and decide any point submitted by the Executive Board or, by due process, by any of its affiliated members.
f) To examine, and approve or reject the balance-sheets, financial statements and reports presented by the Treasurer and/or by the Executive Board.
g) To establish the financial fees and any other amounts payable by Members to the WBSC.
h) To confer upon Members and/or individual and/or other organisations, such honours and awards as may be recommended by the Executive Board.
i) Any other business or matter as may be deemed appropriate by the Congress.
ARTICLE 14. THE EXECUTIVE BOARD
14.1 – The Executive Board shall be composed of the following officers elected or appointed in accordance with the Election By-Laws:
a) a President;
b) an Executive Vice President for Baseball (the Chairman of the Baseball Board; in case the Chairman is already elected on the WBSC Executive Board, the Baseball Board will appoint any other member by vote of majority as Executive Vice President for Baseball);
c) an Executive Vice President for Softball (the Chairman of the Softball Board; in case the Chairman is already elected on the WBSC Executive Board, the Softball Board will appoint any other member by vote of majority as Executive Vice President for Softball);
d) a Vice President for Baseball (appointed by the Baseball Board);
e) a Vice President for Softball (appointed by the Softball Board);
f) a Secretary General;
g) a Treasurer;
h) an Athlete Representative – Baseball;
i) an Athlete Representative – Softball;
j) Four (4) At Large Members, at least one (1) from each gender and two (2) representing Baseball and two (2) representing Softball;
k) the Executive Director, without vote;
l) an Honorary President, upon proposal by the Executive Board, without vote;
The President may invite any other person the President deems appropriate for his or her knowledge in special areas to attend meetings with the Executive Board, from time to time.
The WBSC Executive Board/Officers are holding an office for a four (4) year term, with the exception that the term of the first elected Officers in 2014 will be until the elective Congress in 2021.
14.2 – All members of the Executive Board shall have a vote on matters before the Executive Board. Decisions of the Executive Board shall be by simple majority and in the case of a tie the President shall have a casting vote. Voting may be conducted remotely such as by phone, facsimile or other means, including signed circular resolutions and other electronic means.
14.3 – Membership on the Executive Board or the Divisions Boards of Baseball and Softball shall not render such member personally liable for the debts and obligations of WBSC. WBSC hereby indemnifies each member of the Executive Board against any liability of that member arising from the discharge of his or her duties whilst acting in good faith and honestly.
14.4 – All the members of the Executive Board elected by the Congress must be from different Member Federations, Associations or Organisations of the WBSC, except in the case of the Secretary General, who may be from the same country as the President.
14.5 – For gender equality purposes, WBSC’s target shall be that neither gender shall have less than 30% of the total number of positions on the Executive Board.
14.6 – The members of the Executive Board shall serve until their successors are elected and take office.
14.7 – Where an Executive Board member has been absent from two (2) consecutive meetings without reasons acceptable to the Executive Board, his or her position shall be forfeited. The Executive Board may then fill such vacancy in accordance with the Election By-Laws.
14.8 – The rights and duties of the Executive Board shall include the following:
a) to discuss and make decisions on all matters assigned to them by the Congress;
b) to interpret and enforce the WBSC Statutes, Code of the Divisions, By-Laws, Rules and Regulations;
c) to decide and take action on any matter pertaining to the affairs of WBSC;
d) to submit proposals and motions to the Congress;
e) to impose penalties and/or sanctions on Members and/or athletes, officials and others and/or on members of such WBSC Members on valid grounds and where they fail to observe, or are in breach of, the WBSC Statutes, Code of the Divisions, By-Laws, Rules and Regulations and and/or any other Tournament Regulations or directives;
f) to do everything possible to maintain harmony between its Members and to decide on disputes that might occur between, among or involving Members and/or its athletes, officials and others;
g) to handle and decide on all matters relating to disputed competitions under the jurisdiction of the WBSC;
h) to decide on and publish administrative By-Laws, including time and manner of payment of any financial obligations;
i) to deal with the applications for affiliation in accordance with these Statutes;
j) to prepare the annual budget, balance sheets, financial statements and annual reports on the financial activities, duly audited, that should be approved by the next Ordinary Congress;
k) to decide on and publish regulations for WBSC competitions, promulgated by the sport for submission to the Executive Board;
l) to decide on WBSC awards;
m) to make decisions in case of emergency;
n) to establish rules of order for the meetings of the Congress, Executive Board, Commissions, etc., provided that they will not be in conflict with these Statutes;
o) subject to consultation with the Baseball Division or Softball Division, to determine the dates and sites of WBSC competitions and to organise and control all WBSC competitions, including the Olympic Games;
p) to approve and compile Baseball/Softball records achieved in competitions under the jurisdiction of the WBSC, once they have been confirmed by the Technical Commission;
q) to provide a written report of its activities to every Congress;
r) propose or in the proper delegation of its authority, cause a Commission to propose amendments to the Statutes, Code of the Divisions, By-Laws, Rules and Regulations;
s) monitor, supervise and orient the activities of Commissions, whose members should be appointed at the President’s proposal and confirmation of the Executive Board;
t) ensure that the decisions of a Congress are timely and properly implemented;
u) review materials to be presented to a Congress and, if required, approve the documents to be presented to the Congress when they are issued under its responsibility or its authority, and issue any recommendations and comments that it deems necessary;
v) to approve, at the President’s proposal, the employment of the WBSC Executive Office; and
w) otherwise take all actions as required or necessitated by these Statutes, Code of the Divisions, By-Laws, Rules and Regulations.
14.9 – The Executive Board is not authorised to make any changes in the Statutes and/or the Code of the Divisions without the approval of the WBSC Congress.
14.10 – Except for Athlete Representatives, members of the Executive Board shall not participate or otherwise be involved in WBSC competition as an athlete, manager, coach, technical official, umpire, or scorer.
14.11 – The Executive Board shall operate as follows:
a) The Executive Board shall meet at least once every calendar year, which, during a year in which a Congress is held, may or may not be during the Congress, and a meeting of the Executive Board may take place in whole or in part via electronic means (a “Meeting”). Unless the Executive Board shall approve a meeting on short notice (“Extraordinary Meeting”), notice must be given not less than sixty (60) calendar days before a meeting of the Executive Board, with a request for items or information for the agenda. Any matter to be discussed at a Meeting other than an extraordinary Meeting must be received by the Secretary General at least twenty-one (21) calendar days before the Meeting. The Secretary General shall publish a written notice of such Meeting confirming the date, time, and location of the meeting, and provide agenda items and supporting documentation not less than fourteen (14) calendar days prior to each Meeting. Once a final written notice of a Meeting has been made, the Meeting may only be cancelled by majority vote of the Executive Board.
b) The President shall preside at every Meeting of the Executive Board, failing which one of Executive Vice Presidents shall preside in his or her place, and then alternating between them for subsequent meetings at which the President may be absent, and in the absence of either Executive Vice President, the Secretary General shall preside, failing which the members of the Executive Board in attendance shall elect a chair of the meeting.
c) The Secretary General shall take or cause to be taken the minutes of the Meeting of the Executive Board, provide draft minutes within twenty (20) calendar days after the Meeting and publish them within thirty (30) calendar days to every Member. At every Meeting of the Executive Board, each member of the Executive Board shall declare any conflict of interest involving any matter on the agenda or otherwise discussed at the Meeting, which conflict(s) shall be recorded in the minutes. A member of the Executive Board may, with the prior written consent of the Secretary General, participate in a Meeting not called as a fully electronic meeting of the Executive Board and be present by telephonic or other means of electronic communication as long as all participants can be clearly heard. A member of the Executive Board attending a Meeting in this way shall be deemed to be present and this will not count as an absence.
d) No member of the Executive Board shall attend by or give a proxy to another person and no vote shall be taken by or opinion expressed by proxy. A resolution shall be validly passed if adopted by a majority of members of the Executive Board present and voting. Unless otherwise agreed by the Meeting of the Executive Board in question, the minutes of that meeting, in whole or in part, shall be public.
e) The quorum shall be constituted with the concurrence of at least eight (8) of its officers. In the absence of a quorum, the Executive Board, duly convened, may nevertheless proceed to discuss the matters on the agenda without proceeding to voting.
f) Notwithstanding the above, a member of the Executive Board may request that the Executive Board meet on an expedited basis provided that more than two-thirds (2/3) of the members agree in writing to hold such a meeting (“Special Executive Board Meeting”). The procedures in this Article, which apply to regular Meetings, shall apply to every Special Executive Board Meeting, but the notice, agenda, and distribution requirements may be waived by vote of the Executive Board.
14.12 – The Executive Board has the power to make By-Laws, Rules and Regulations for the good functioning of the WBSC and all its activities.
The By-Laws, Rules and Regulations, once approved by the Executive Board, shall come into immediate effect or at such time as determined by the Executive Board.
The Congress, at its absolute discretion, may disallow a particular section, or part, or clause, of the By-Laws, Rules, Regulations upon a vote of two-thirds (2/3) of Accredited Delegates present and voting at a valid Congress.
All By-Laws, Rules, Regulations, shall be advised to all Members within thirty (30) days of its adoption.
ARTICLE 15. THE EXECUTIVE BOARD MEMBERS
15.1 – Pertaining to the President:
The President is the legal representative of the WBSC and his or her duties and responsibilities include:
a) To officially represent the WBSC with full powers of attorney in accordance with what is stated in these Statutes and in the WBSC By-Laws, Rules and Regulations.
b) To summon and preside the sessions of all Congresses and the Executive Board and to sign the corresponding minutes together with the Secretary General.
c) To elaborate together with the Secretary General and the Treasurer the annual report, distributed to Members of the WBSC and to record in writing and present at the Congress, all WBSC activities to the end of his or her mandate.
d) To manage and supervise the execution of the decisions of the Congress and the Executive Board, and to present to the latter such reports as may be requested.
e) To sign all WBSC’s contracts (including opening bank accounts) with the authorisation of the Executive Board.
f) To propose to the Executive Board the appointment and hire the WBSC Executive Office.
g) To propose to the Executive Board the appointment of the Chairmen of the WBSC Commissions and all their members.
h) In consultation with the Baseball Division or the Softball Division, to propose to the Executive Board the appointment of the Tournament Director and the Jury of Appeal for each official competition of the WBSC.
i) To appoint persons to be responsible for carrying out investigations required by the WBSC.
j) To carry out such other duties and functions as may be deemed necessary under the WBSC Statutes, Code of the Divisions, By-Laws, Rules and Regulations and/or as may be entrusted upon him or her by the Executive Board or Congress.
15.2 – Pertaining to the Vice Presidents:
The duties and responsibilities of the Vice Presidents are:
a) to chair and provide direction for the Divisions; and
b) such duties and functions as the Board may deem appropriate to each of the Vice Presidents (the Protocol Order is in the Protocol By-Laws).
15.3 – Pertaining to the Secretary General:
The duties and responsibilities of the Secretary General are:
a) To send out the relevant notices to attend the Congress and the meetings of the Executive Board.
b) To draw up the minutes of the sessions of the Congress and the Executive Board, jointly signing them together with the President.
c) To transcribe the minutes of the Congress and the Executive Board and send them in the official WBSC languages to all the Members, within sixty (60) days of the end of each meeting.
d) To receive all suggestions, requests, queries and any other business and inform the President accordingly and to follow up with necessary action pertaining thereto and to inform Members of the decisions and resolutions taken.
e) To supervise the functioning and operations of the WBSC Executive Office in its administrative and management functions, including the proper filing and keeping of records and documents at the WBSC Headquarters.
f) To carry out such other duties and functions as may be deemed necessary under the WBSC Statutes, Codes of the Divisions, By-Laws, Rules and Regulations and/or as may be entrusted upon him or her by the Executive Board or Congress.
15.4 – Pertaining to the Treasurer:
The duties and responsibilities of the Treasurer are:
a) To deal with all financial matters related to the WBSC management, organisation and administration including formulating the necessary checks and internal audit processes and procedures.
b) To keep the books containing all entries relating to the assets and liabilities, income and expenditures of the WBSC up-to-date and ensure that the WBSC accounts are audited by a competent independent audit company appointed by the Congress.
c) To supervise the administrative and management of WBSC’s accounts by the WBSC Executive Office, including the proper filing and keeping of all accounting books and documents up-to-date.
d) To oversee the payment of fees by Members, and ensure due and proper communication and notification of account statements in relation thereto, including notification of annual fees due by 1st January of the corresponding year.
e) To prepare the balance sheets and the financial statements and reports within the prescribed period and ensure that the same are sent to the Executive Board, and subsequently to Members of the Congress.
f) To remit to the President monthly reports on income and expenditures and whenever the Executive Board meets.
g) To control the financial implementation of contracts and agreements entered into by the WBSC and keep the President informed accordingly.
h) To control the financial and merchandising aspects of all competitions falling under the jurisdiction of WBSC and propose to the President, whenever he or she deems this necessary, the appointment of a representative charged with checking the fulfilment of the financial commitments contracted with WBSC by the corresponding Organising Committee.
i) Send out the vouchers relating to WBSC’s income and expenditures whenever necessary.
j) To carry out such other duties and functions as may be deemed necessary under the WBSC Statutes, Code of the Divisions, By-Laws, Rules and Regulations and/or as may be entrusted upon him or her by the Executive Board or Congress
To carry out his or her duties, the Treasurer shall use the services of the WBSC Executive Office.
15.5 – Pertaining to the Members At-Large:
The Executive Board shall assign such duties and functions as the Board may deem appropriate to each of the Members At-Large.
15.6 – Pertaining to the Athletes’ Representatives:
The Athletes’ Representatives are the legal representatives of the athletes in the WBSC. Their duties and responsibilities are to be the athletes voice in all matters in the WBSC and the Executive Board and carry out such duties and responsibilities that the WBSC Statutes, Code of the Divisions, By-Laws, Rules and Regulations, the Division Boards and the WBSC Executive Board shall entrust upon them.
ARTICLE 16. THE PRESIDENTIAL COUNCIL
16.1 – The Presidential Council shall exercise, on behalf of the Executive Board, such powers and responsibilities as would normally be the responsibility of the Executive Board between meetings of the Executive Board, or as the Executive Board may delegate.
16.2 – The Presidential Council shall comprise (8 officers):
a) the President;
b) the Vice President for Baseball;
c) the Vice President for Softball;
d) the Executive Vice President for Baseball;
e) the Executive Vice President for Softball;
f) the Secretary General;
g) the Treasurer; and
h) the Executive Director
16.3 – The Presidential Council shall have the following functions:
a) to prepare proposals and documents for consideration by the Executive Board;
b) to act on behalf of the Executive Board between the meetings of the latter and to exercise such functions as are delegated by the Executive Board;
c) to determine issues that may arise between meetings of the Executive Board;
d) to advise the Executive Board on policy issues and any other matters which affect the good functioning and operations of the WBSC;
e) to make such decisions as are necessary between meetings of the Executive Board for the good functioning of the WBSC and/or its activities;
f) the Presidential Council cannot make By-Laws, Rules or Regulations by its own authority. All decisions and actions of the Presidential Council must be subject to ratification of the Executive Board at its subsequent meeting.
ARTICLE 17. THE WBSC EXECUTIVE OFFICE
17.1 – The Executive Director and the staff are the management and administrative organ of the WBSC and are accountable and subject to the authority of the President and of the Executive Board.
17.2 – The Executive Director’s responsibilities include:
a) To implement, under the supervision of the President and/or Secretary General, the decisions and resolutions of the Executive Board and Congress.
b) To draft the minutes of the Congress and of the meetings of the Executive Board, to receive, transmit and ensure the proper filing and keeping of all correspondence and necessary documents and to keep the official books containing the records, registrations and certifications under the supervision of the Secretary General.
c) To deal with and manage the administration, accounts and WBSC’s financial matters under the direction of the President and to ensure the proper custody of the accounting documents under the supervision of the Treasurer.
d) To organise the WBSC Headquarters and any other WBSC offices and to recommend to the Executive Board for prior approval, the employment of the required staff for the proper and efficient functioning and operations of the WBSC Headquarters and offices and all competitions, activities and events of the WBSC.
e) To manage all WBSC publications.
f) To organise the Congresses and the meetings of the Executive Board and the Commissions.
g) To implement such duties and responsibilities as may be requested or directed by the President or the Executive Board.
17.3 – The Executive Director shall attend the Congresses and the meetings of the Executive Board and Commissions and shall have the right to speak but no right to vote. Whenever possible he should also attend all competitions, activities and events of the WBSC and render a report in relation thereto.
ARTICLE 18. THE COMMISSIONS
18.1 – The Executive Board has the power to create any Commission that it deems necessary for the good administration of WBSC and, as applicable, the Objectives or the business of WBSC. The composition and the functions of all Commissions are set out in the Commissions By-Laws.
18.2 – The President shall appoint and dismiss Chairpersons and members of Commissions with the approval of the Executive Board.
18.3 – Commissions act on the authority and under the supervision of the Executive Board and report to the Executive Board and the Congress, if required. Every Commission shall have terms of reference and operating procedures, which shall be approved by the Executive Board.
18.4 – The following Commissions are mandatory, shall have jurisdiction over the subject matters for which formed for both Baseball and Softball Divisions, and may only be dissolved by a two-thirds (2/3) majority vote of the Executive Board:
a) Athletes Commission: The Athletes Commission advises on matters relevant to players. It is comprised of at least three (3) members who have participated in at least one WBSC Baseball Competition within the six (6) years immediately preceding his or her election and at least three (3) members who have participated in at least one WBSC Softball Competition within the six (6) years immediately preceding his or her election. WBSC will pay the expenses for the athletes attending meetings of the Athletes Commission.
b) Anti-Doping and Medical Commission: The Medical and Anti-Doping Commission advises the Executive Board on all matters relating to athlete health and anti-doping, and for implementing the WBSC Anti-Doping Code.
c) Ethics Commission: The Ethics Commission shall establish a Code of Conduct and Disclosure which shall govern the actions of the Executive Board and employees of WBSC, its representatives, attorneys, Athlete Representatives and others acting on behalf of WBSC, which shall be modelled on the IOC Code of Ethics with the explicit aim as set out in the IOC preamble “to contribute to the realisation of the aims laid down in the Olympic Charter.” The Code of Ethics shall specifically address issues of dignity, integrity, good governance and resources, all of which are key tenets of the WBSC Code of Ethics.
d) Legal Commission: The Legal Commission reviews and submits recommendations or proposals by Members, proposes to the Executive Board amendments to the WBSC Statutes, and advises the Executive Board and the Congress on legal, discipline and associated such matters.
e) Paralympic Commission: The Paralympic Commission reviews and submits to the Executive Board recommendations or proposals by Members, may itself propose matters to the Executive Board; and shall serve as the representative of the WBSC to other organisations involved in conducting competitions for persons with physical disabilities.
18.5 – Every member of a Commission shall declare any conflict of interest in connection with his or her involvement with that Commission and shall recuse himself or herself from any matter before the Commission and concerning that member or his or her National Federation.
18.6 – The Commissions shall meet whenever there is business to be transacted, all meetings being subject to the approval of the Executive Board. All Commission meetings may be held by electronic means, or in person.
18.7 – If a member of a Commission has been absent from two consecutive meetings without reasons acceptable to the Executive Board, his or her membership shall be forfeited. The Executive Board shall then fill the vacancy.
18.8 – For any Commission, the Executive Board may appoint ex officio an Executive Board member or other person who shall ensure and maintain communications between the Executive Board and the Commission.
ARTICLE 19. THE INTERNATIONAL PLAY AND THE ATHLETES
19.1 – Any International Baseball/Softball competition, match, game, tournament between teams and/or clubs that come under the jurisdiction and/or auspices of one or more Member Federations and/or comprising of one or more players that come under the jurisdiction and/or auspices of one or more Member Federations, shall come under the jurisdiction of the WBSC and shall be subject to the Statutes, Code of the Divisions, By-Laws, Rules and Regulations as established by the WBSC.
19.2 – WBSC Full Members are the only authorities in each country to select their National Team and have the exclusive right to represent the country or territory name, flag and colours.
19.3 – In situations whereby teams/clubs and/or players are involved in an International Baseball Softball Game or Tournament in contravention of the WBSC Statutes, Codes of the Divisions, By-Laws, Rules, Regulations and Policies, the teams/clubs and/or players, as well as the Member Federation under whose auspices they belong, may be penalised in accordance with the WBSC Statutes, Code of the Divisions, By-Laws, Rules, Regulations.
19.4 – For purposes herein, “International Baseball/Softball competition, match, game, tournament” means a game or a series of games of Baseball Softball between national teams or teams representing the country or territory at any level or teams representing more than one WBSC Member Federation organised in advance in a formal manner.
19.5 – All International Baseball/Softball competitions, matches, games, tournaments not related to the Olympic competition and/or its qualification competitions which belong to the WBSC, must have the prior sanction of the Continental Associations when it refers to activities between its member countries or territories, and that of the WBSC when it refers to activities between countries or territories belonging to different Continents, in accordance with the WBSC Statutes, Code of the Divisions, By-Laws, Rules and Regulations.
19.6 – Failure to obtain this sanction would constitute a breach of the Statutes and such Member in breach thereof may be liable to disciplinary action under the Disciplinary By-Laws.
19.7 – Any athlete playing for his or her national team in a competition, match, game, tournament under the jurisdiction of the WBSC must be nationals of the country or territory or of the Federation, Association or Organisation, which registered him or her for their national team.
19.8 – All matters relating to nationality shall be in accordance with the WBSC By-Laws and with the Olympic Charter. Eligibility rules, in accordance with the Olympic Charter, are described in the Tournament regulations of each WBSC tournament.
19.9 – In the Olympic Games and the Olympic Qualification competitions or tournaments where there could be an uncertainty between the WBSC By-Laws and the Olympic Charter, the provisions of the Olympic Charter shall prevail.
19.10 – Any player playing with a Team under the jurisdiction and/or auspices of a Member Federation, Association or Organisation of the WBSC who wishes to play in another country, must obtain an International Player Transfer Certificate issued by the Member Federation, Association or Organisation where the player comes from, in agreement with the By-Laws, Rules, Regulations as established by the WBSC.
ARTICLE 20. THE STATUTES AND THE TOURNAMENT REGULATIONS
20.1 – These Statutes may be amended or supplemented, or rescinded and the corporation dissolved, only in a duly called and quorate meeting of a Congress and only if more than two-thirds (2/3) of the Member Federations in Good Standing present and voting at such Congress vote affirmatively for such change or rescission. A copy of every proposed amendment shall be treated as a Motion to be presented before a Congress. Unless otherwise stated in the text of the Motion, every amendment shall come into effect at the close of the Congress at which such amendment was adopted.
20.2 – The Tournament Regulations of the sport respectively govern all WBSC competitions. The Tournament Regulations may be adopted, amended or rescinded only upon the recommendation of the respective discipline, on the vote of a simple majority of the respective Division Board.
20.3 – Save for applicable law, the Statutes, Code of the Divisions, By-Laws, Rules and Regulations and the Tournament Regulations are the only governing documents of WBSC.
20.4 – Every power, express or implied, for the administration of the Sport internationally shall be vested in and may be exercised by a Congress or the Executive Board (as the case may be). Each Tournament Regulation, the decision of a Commission and the action taken by a Congress or the Executive Board shall be consistent with these Statutes. In the event of any discrepancy or conflict, these Statutes shall prevail.
20.5 – The jurisdiction to consider, interpret, or resolve any dispute, interpretation or matter arising under these Statutes or between these Statutes and a Tournament Regulations is vested in the Executive Board, whose decision shall be final.
ARTICLE 21. DISPUTES
21.1 – Disciplinary Proceedings by National Federations:
a) WBSC recognises the jurisdiction and right of a National Federation and the sport to discipline or disqualify in its own territory and its own sport any person in accordance with the rules of that National Federation or sport, in accordance with the obligations of that National Federation or sport to provide a full and fair opportunity for such person to be present, to be heard, to be represented by counsel and to appeal any such decision.
b) Subject to these Statutes, an applicable Code and applicable law, a National Federation shall have the right to discipline or disqualify a foreign person that, in a WBSC competition sanctioned by that National Federation, violates the rules of that National Federation. After a final determination is made and a decision is made to discipline or disqualify the person, the decision shall be provided to WBSC and the National Federation to which the person belongs. All National Federations and WBSC shall abide by the final determination (if appealed, a determination is not final unless and until affirmed on appeal). Should that foreign person contest any such decision of that National Federation, that person has the right to appeal such decision to the Court of Arbitration for Sport (“CAS”) under the applicable rules of CAS. The decision of the CAS shall be final.
c) WBSC may discipline or disqualify any person for any offense, which is a violation of these Statutes or a Code, pursuant to Article 9 of these Articles of Association.
21.2 – Dispute Resolution:
a) A complaint seeking a disciplinary ruling may be brought by the Executive Board, any National Federation or any Continental Association arising out of an act or omission that involves a matter under these Statutes or a Code, or arising out of a WBSC competition that is not otherwise provided for in these Statutes or a Code. All complaints shall be in writing, state the matter of concern, accompanied by any supporting documentation, and a list of witnesses or other persons having information on which the complaining party wants to rely. Resolution of that complaint is be governed by Article 9 of these Statutes.
b) A complaint for dispute resolution may not be filed with WBSC unless and until all available administrative remedies provided by any other organisation with authority over such complaint are exhausted.
c) The sole and exclusive means for dispute resolution shall be as provided for in these Statutes.
21.3 – Arbitration:
a) Any dispute against WBSC, or any appeal from a decision of the WBSC under Article 17 or Article 9, shall be resolved exclusively by arbitration before the CAS. No dispute or any other matter may be brought before a court.
b) The arbitration shall be conducted in accordance with the rules of the CAS, or pursuant to such other rules or modified rules as the parties agree. The decision of the CAS or other agreed arbitration body shall be final, binding upon the parties and non-appealable.
ARTICLE 22. DOPING CONTROL
22.1 – WBSC has adopted and administers and enforces a comprehensive set of anti-doping control programs addressing both in-competition and out-of competition testing (“Anti-Doping Program”).
22.2 – The Anti-Doping Program shall be set forth in the WBSC Anti-Doping Code and given to all National Federations, the IOC, and the NOC of every National Federation.
22.3 – Any violation of the Anti-Doping Program shall result in action being taken pursuant the final determination of the hearing body and as provided under the Anti-Doping Code.
ARTICLE 23. FINANCIAL MONITORING AND CONTROL
23.1 – The fiscal year of WBSC is the calendar year. For each calendar year, the Treasurer shall produce a statement of accounts. These annual statements shall be audited and certified by a Certified Public Accountant, reviewed and approved by the Executive Board.
23.2 – The statement of accounts for any year preceding a regular Congress, and for the multiple-year period since the last regular Congress, shall be sent to all Members in advance of the next scheduled regular Congress as part of the material provided by the Secretary General in accordance with Article 13.4.
ARTICLE 24. INCOME AND ASSETS
24.1 – WBSC’s income shall derive from:
a) The Membership fees and any other payment paid by all categories of Members, including new Members.
b) The amounts payable to WBSC under all contracts and agreements signed by WBSC’s President relating to the competitions, activities and events under WBSC’s jurisdiction and those derived from the participation in the same.
c) The amounts payable under sponsorships and media/broadcast rights of all competitions, activities and events under the WBSC’s jurisdiction (which rights are the sole property of WBSC).
d) All income derived from grants and donations by the International Olympic Committee and any other organisation and from all other source.
e) Any income and payment from all sources related to the WBSC’s assets and properties, including WBSC’s brand and merchandise revenues.
24.2 – The WBSC’s assets consist of:
a) The name “World Baseball Softball Confederation”, any publication by the WBSC like Newsletters, Magazines, Yearbooks, Documentaries, etc. and the acronym «WBSC» and the prevailing logos and brands of the organisation and all those that can be created in the future.
b) The World Rankings for all categories, for instance Men’s Baseball, Women’s Baseball, Men’s Softball and Women’s Softball.
c) All Official National Team Competitions that fall under WBSC’s jurisdiction.
d) The name Baseball World Cup and Softball World Cup as well as all its various Age Categories (ie, U-15 BWC) and all other trademarked and registered (i.e., Baseball Champions league, Softball Champions league, Baseball World Cup and Softball World Cup).
e) The WBSC official competitions and tournaments and others that can be created with this character.
f) Any logo, official look and branding related to WBSC and its competitions, activities and events.
g) The balance sheets of the current bank accounts in its name.
h) All assets material, physical or of any other kind, personal and real estate properties, included here or created by reason of existence of the World Headquarters and/or any other international office it may have wherever located.
24.3 – In case of dissolution the WBSC assets should be given to another association or foundation, which works towards similar or analogous aims.
ARTICLE 25. MERCHANDISING
25.1 – A WBSC Full Affiliated Member taking part in competitions organised by the International Olympic Committee, such as the Olympic Games or Olympic Games classificatory competitions, Multidisciplinary Sports Games, and all the competitions organised by the WBSC, may use advertising brand or badges any time these correspond to what is authorised by the International Olympic Committee and the WBSC.
25.2 – The WBSC reserves itself the right to establish the conditions for the use of advertising in the uniforms, or under any other form, in the World-wide and Continental competitions, taking into account, whenever possible, the affiliate members’ contracted commitments, these latter having requested the WBSC’s authorisation before contracting any commitments regarding this matter.
25.3 – The WBSC is the only authorised entity for the use, with advertising or merchandising purposes, of the names, brands, logos, publications, emblems and symbols of the organisation. Any use of these must be authorised beforehand, deliberately in written, by the WBSC President.
ARTICLE 26. PRINTING OF THE STATUTES AND RELATED DOCUMENTS
26.1 – The WBSC shall own all rights, including copyrights, in the Statutes and any Rules promulgated by the WBSC, which are published in the official languages of the WBSC solely for the benefit of Members. They may be reprinted or translated by Members for the use of those Members only, with the understanding that in all cases where the translated text differs in interpretation, the English version shall be accepted.
26.2 – All persons other than Members wishing to publish the Statutes or any Rules must first obtain the permission of WBSC.
ARTICLE 27. DISSOLUTION
27.1 – The dissolution of WBSC shall require a decision of the Congress by a majority of not less than two-thirds (2/3) of the present voting Members.
27.2 – In the event of a dissolution of WBSC, any remaining unallocated funds shall be used for any outstanding obligations, and the remainder shall revert to an institution of public utility with a similar purpose as WBSC and which is tax exempted. The remainder shall neither revert to the founders nor to the Members, and not be used totally or partially in their favour or for their profits and in whatever possible manner.
WBSC: it is …