Statutes

This is the final version containing all the modifications and amendments to the Articles of Association that were approved and ratified by the I WBSC Congress held in Hammamet, Tunisia, on 10th May 2014.

This final version and all its amendments have been approved as a draft first by the WBSC Executive Board in its meeting in Rome, Italy, on 25th February 2017, and then were finally approved by the WBSC Extraordinary Congress held in Gaborone, Botswana, on 13th October 2017.

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 …

By-laws

CHAPTER I – GENERAL PRINCIPLES

ARTICLE 1. NAME AND FOUNDING PURPOSE

1.1 Under Article 1 of the WBSC Statutes, the World Baseball Softball Confederation, hereinafter referred to as “WBSC” or the “Confederation”, is the only recognised International Governing Body for the Sport of Baseball/Softball and all disciplines thereof, 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 in all categories thereof in all the countries and territories of the world which accept its Statutes, By-Laws, Rules and Regulations.

1.2 Pursuant to Article 12.1 of the WBSC Statutes, WBSC has created the WBSC Baseball Division (the “WBSC-BD” or “Baseball Division”) and the WBSC Softball Division (the “WBSC-SD” or “Softball Division”), hereinafter referred to as the “Divisions”, for the sole purpose of and to be responsible for the technical rules and competitions, the supervision and the organisation of Baseball and Softball respectively, and to manage the same under the authority of the WBSC.

1.3 The Divisions shall be governed by the WBSC Statutes, By Laws, Rules and Regulations, this Code of the Divisions and all categories thereof which shall be in full compliance with the WBSC Statutes, Code of the Divisions, By Laws, Rules and Regulations and the International Olympic Committee Charter.

1.4 The Divisions are ruled by the Code of the Divisions, which is in full compliance with the WBSC Statutes and the International Olympic Committee Charter.

1.5 The WBSC membership is governed by Articles 6, 7, 8 and 10 of the WBSC Statutes and pursuant thereto, the Divisions are constituted by those WBSC Members which govern, organise, promote and/or develop Baseball and/or Softball in their respective country or territory.

ARTICLE 2. LOCATION OF THE OFFICE OF THE DIVISIONS

2.1 The Divisions may have their own management offices located in Lausanne, Switzerland or such other locations as may be proposed by the Divisions and approved by the WBSC Executive Board.

CHAPTER II – ORGANISATION OF THE DIVISIONS

ARTICLE 3. ORGANISATION OF THE DIVISIONS

3.1 The Divisions shall be managed and administered in the following manner:

a) their Biennial Meetings of the respective Members;

b) their respective Division Boards;

c) such Division Commissions as the Division Boards 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 Division Boards. The Commissions shall report to and be subject to the authority of the Division Boards.

3.2 The Executive Managements shall perform the administration and management of each Division and shall report to and be responsible through the respective Chairmen to the respective Division Board.

3.3 The Division Boards may create such Working Groups (“WG”) and appoint the Chair and members thereof and such WGs shall exercise such functions as delegated to it by the Division Boards and under its authority and shall be in compliance with the WBSC Statutes, By Laws, Rules and Regulations. All WGs shall report to the Division Boards, which shall report to the WBSC Executive Board.

3.4 Each Division Board may employ such executive, management and administrative staff as it deems appropriate and all payments for such staff shall be the responsibility of and to the account of each respective Division. All such staff exercise such duties and responsibilities as delegated to it by the Division Boards and under its authority and shall be in compliance with the WBSC Statutes, Code of the Divisions, By Laws, Rules and Regulations. All such staff shall report to the Division Boards, which shall report to the WBSC Executive Board.

ARTICLE 4. THE WBSC DIVISION BIENNIAL MEETINGS

4.1 The Division Biennial Meetings shall be the highest authority of the Divisions and shall have the power to decide upon any matters relating to this Code provided always that all such decisions shall be in compliance with and in harmony with the WBSC Statutes, Code of the Divisions, By Laws, Rules and Regulations.

4.2 Each Division Biennial Meeting shall consist of the following:

a) one (1) delegate for each Division Member in Good Standing who has been accepted by the WBSC as an Accredited Delegate under Article 13.2 of the WBSC Statutes, which shall apply as applicable under this Code. Each such delegate shall have one (1) vote. Division Members not in Good Standing shall have the right to attend and speak but no right to vote.
All Accredited Delegates must be a Member of the Board 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 officers of the Division Boards, who have the right to speak but no right to vote.

c) the WBSC President and all others whose attendance is authorised by the WBSC Executive Board who have the right to speak but no right to vote.

4.3 The Chairman of each Division shall control the conduct of the respective Biennial Meeting (“Chair”). Should the Chair, for any reason be unavailable, then the Vice Chairman shall preside and should the Vice Chairman for any reason be unavailable, one of the Members At-Large according to the Protocol Order shall preside and thereafter alternating between them if the Chairman is again not available, or if no Member At-Large is available then the WBSC Executive Board shall appoint one of the WBSC Executive Board officers to serve as Chair thereof.

4.4 The Division Biennial Meetings shall be held not more than three (3) days before the WBSC 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 WBSC Executive Board, which shall always be invited and represented in all Division Biennial Meetings.

4.5 The Chairman of each Division shall give written notice of the respective Division Biennial Meeting at least three (3) months prior to the fixed date of the Meeting to all Division Members and to the WBSC President. Also the agenda for the Meeting and any reports as in Article 4.7 and together with all duly submitted motions and applications shall be sent at least one (1) month prior to the date fixed for the Meeting.

4.6 Each Biennial Meeting has a quorum if more than one-half of the eligible voting delegates of Division Members are represented. If within a reasonable period after the designated start time for a Biennial Meeting the Chairman has conducted the Roll Call and established that a quorum is not present, any duly summoned Biennial Meeting 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 Division.

4.7 Each Division Board shall propose the order of business upon approval of the Biennial Meeting.

4.8 The functions and responsibilities of the Biennial Meetings shall be:

a) To elect the Chairman, the Vice Chairman, the Treasurer and the Members-at-Large of each Division in accordance with the WBSC Election By-Laws.

b) To ratify the Continental Representatives of each Division Board who shall be elected at the meetings of each of the Continents prior to the Biennial Meetings in accordance with the WBSC Elections By-Laws.

c) To consider and decide on such matters and resolutions put forward to the Biennial Meetings for discussion and decision and subject always to compliance with the WBSC Statutes, Code of the Divisions, By Laws, Rules and Regulations.

d) To examine, and approve or reject the balance-sheets of the Divisions and the financial statements and reports presented by the Division Boards.

e) Any and all the attributions of reference established by this Code of the Divisions or by the WBSC Statutes, By-Laws, Rules and Regulations.

ARTICLE 5. THE DIVISION BOARDS

5.1 The Division Boards shall each comprise of the following officers:

a) a Chairman (also Executive Vice President for his/her respective Division and therefore member of the WBSC Executive Board);

b) two (2) Vice Chairmen;

c) a Treasurer;

d) three (3) Members At-Large;

e) one (1) Athletes’ Representative each for Men’s Baseball and Women’s Baseball from each gender in the Baseball Division and one (1) Athletes’ Representative each for Men’s Softball and Women’s Softball from each gender in the Softball Division;

f) a Continental Representative for each of the five (5) regions of Africa, Americas, Asia, Europe and Oceania;

g) a Division Director, without vote and not mandatory.

5.2 The officers of the Division Boards shall be elected as follows and in accordance with the WBSC Election By-Laws:

5.2.1 The Chairman, the Vice Chairmen, the Treasurer and the Members-at-Large shall be elected by the Division Members at their Biennial Meeting every four (4) years;

5.2.2 The Continental Representatives shall be elected by the WBSC Division Members of Good Standing of each of the Continents at a meeting to be held prior to the date of the Biennial Meeting where an election of the Chairman is held; the President of each Continental Association or his substitute shall be ratified by the Biennial Meeting as Continental Vice President for that area of the world in accordance with the WBSC Election By-Laws; and

5.2.3 The respective Athletes’ Representatives for Men’s Baseball and Women’s Baseball and for Men’s Softball and Women’s Softball shall be elected every four (4) years by the respective athletes of that discipline at such Baseball/Softball competitions as may be decided by the Division Boards and under the supervision of the WBSC Executive Board.

5.3 Decisions of the Division Boards shall be by simple majority and in the case of a tie the Chairmen 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.

5.4 The Division Boards shall ensure that all actions and decisions of the Biennial Meetings and Division Boards shall be in compliance with and in harmony with the WBSC Statutes, Code of the Divisions, By Laws, Rules and Regulations.

5.5 All the members of the Division Boards elected by the Biennial Meetings must be from different Member Federations, Associations or Organisations of the WBSC.

5.6 Where a Division Board member has been absent from two (2) consecutive meetings without reasons acceptable to the respective Division Board, his or her position as member shall be forfeited. The Division Board may then fill the vacancy in accordance with the WBSC Election By-Laws.

5.7 The rights and duties of each Division Board shall include the following:

a) To discuss and decide on all matters assigned to it by the respective Biennial Meeting, the WBSC Congress or the WBSC Executive Board.

b) To interpret and enforce this Code and ensure that such interpretation and enforcement is in compliance with and in harmony with the WBSC Statutes, Code of the Divisions, By-Laws, Rules and Regulations.

c) To do everything possible to maintain harmony between its Division Members and to decide without prejudice on each dispute that might occur between or amongst them.

d) To prepare the annual budget, balance sheets, financial statements and annual reports of the Division on the financial activities, duly audited.

e) To organise and control all competitions under the jurisdiction of each Division, including to decide on and publish regulations for the competitions and also to determine the dates and sites upon final approval of the WBSC Executive Board.

f) To approve and compile and keep up-to-date Baseball/Softball records achieved in competitions under the jurisdiction of each Division.

g) Monitor, supervise and orient the activities of the Division Commissions, whose members should be appointed at the Chairmen’s proposal and confirmation of the Division Board.

h) To provide a written report of the activities to every and each Biennial Meeting and WBSC Congress.

i) To ensure that the decisions of a Biennial Meeting, WBSC Congress and WBSC Executive Board are timely and properly implemented.

j) To consider and deem appropriate, approve, at the Chairmen’s proposal, the employment of the Division’s office staff, under the supervision of the WBSC Executive Board.

k) To take all other actions as required or necessitated by this Code, the WBSC Statutes, By-Laws, Rules and Regulations or as may be directed by the WBSC Congress or WBSC Executive Board.

5.8 Except for the Athletes Representatives, officers of the Division Boards shall not participate or otherwise be involved in competitions as an athlete, manager, coach, technical official, umpire or scorer.

5.9 The Division Boards shall operate as follows:

a) The Division Boards shall meet at least once every calendar year, which, during a year in which a WBSC Congress is held, may or may not be during the WBSC Congress.

b) The meetings of the Division Boards may take place in whole or in part via electronic means (a “Meeting”).

c) Unless the Division Boards 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 Division Boards, with a request for items or information for the agenda.

d) Any matter to be discussed at a Meeting other than an extraordinary Meeting must be received by the respective Chairman and the WBSC President at least twenty-one (21) calendar days before the Meeting.

e) The Chairmen shall publish a written notice of such Meetings 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 Division Board.

f) The Chairmen of the Divisions shall preside at every Division Board meeting. Should the Chair, for any reason be unavailable, then the Vice Chairmen according to the Protocol Order shall preside and should the Vice Chairmen for any reason be unavailable, one of the Members At-Large according to the Protocol Order shall preside and thereafter alternating between them if the Chairman is again not available.

g) The quorum shall be constituted with the concurrence of at least seven (7) of its officers. In the absence of a quorum, the Division Boards, duly convened, may nevertheless proceed to discuss the matters on the agenda.

h) The Chairman shall be responsible of drawing the minutes of the Meeting of the Division Board, provide draft minutes within twenty (20) calendar days after the Meeting and publish them within thirty (30) calendar days to every Division Member and to the WBSC President.

i) At every Meeting of the Division Board, each officer of the Division 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. An officer of the Division Board may, with the prior written consent of the Division Board, participate in a Meeting not called as a fully electronic meeting of the Division Board and be present by telephonic or other means of electronic communication as long as all participants can be clearly heard. An officer of the Division Board attending a Meeting in this way shall be deemed to be present and this will not count as an absence.

j) No officer of the Division Board shall attend by or give a proxy to another person and no vote shall be taken by or opinion expressed by proxy.

k) A resolution shall be validly passed if adopted by a majority of members of the Division Board present and voting.

l) Unless otherwise agreed by the Meeting of the Division Board in question, the minutes of that meeting, in whole or in part, shall be public.

m)Notwithstanding the above, an officer of the Division Board may request that the Division 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 Committee Meeting”). The procedures in this Article, which apply to regular Meetings, shall apply to every Special Committee Meeting, but the notice, and distribution requirements may be waived by vote of the Division Board.

ARTICLE 6. THE DIVISION BOARD MEMBERS

6.1 Pertaining to the Chairman:
The Chairman of each Division shall serve as the Executive Vice President (either for Baseball or for Softball) in the WBSC Executive Board under the WBSC Statutes and is the legal representative of the Division (in case the Chairman already covers a position within the WBSC Executive Board, the Division Board will appoint by vote of majority another of its members as per Article 14.1.b and 14.1.c of the WBSC Statutes). His or her duties and responsibilities are:

a) To officially represent the Division in accordance with what is stated in this Code.

b) To summon and preside the Biennial Meetings and meetings of the respective Division Board and to sign the corresponding minutes.

c) To elaborate together with the Treasurer, the annual report, distributing it to all the Division Members and to record in writing all activities to the end of his or her mandate, which shall be presented at the corresponding session of the respective Biennial Meeting.

d) To manage and supervise the executions of the decisions of the Biennial Meetings and the Division Board and to present to them such reports as may be requested.

e) To propose to the Division Board the appointment and hire such staff personnel for the Executive Management and administration of the Division under the final approval of the WBSC Executive Board.

f) To propose to the Division Board the appointment of the Tournament Director and the Jury of Appeal for the either Baseball or Softball competitions under the jurisdiction of the respective Division and under the final approval of the WBSC Executive Board.

g) To propose to the Division Board the appointment of the Chairmen of the Division Commissions and all their members.

h) To carry out such duties and responsibilities that this Code, the WBSC Statutes, By-Laws, Rules and Regulations, the Division Board and the WBSC Executive Board shall entrust upon him or her.

i) To ensure the compliance of the Division and in harmony with this Code, the WBSC Statutes, By-Laws, Rules and Regulations.

6.2 Pertaining to the Vice Chairmen:
The Division Board shall assign such duties and functions as may deem appropriate to the Vice Chairmen of each Division.

6.3 Pertaining to the Treasurer:
The duties and responsibilities of the Treasurer of each Division are:

a) To deal with all financial matters related to the Division’s financial management, organisation and administration;

b) To keep up-to-date the books containing all entries relating to the income and expenditures, the bank accounts and all other documents pertaining to the accounts and financial records of the Division. The books shall be audited by a competent company appointed by the Biennial Meeting.

c) To supervise administrative and accounts management relating to the Division and the recording and filing of all accounting books and documents thereof.

d) To prepare the balance sheets, the financial statements and the financial reports of the Division and forward the same to the respective Division Board and the respective Biennial Meeting together with the notification of the meetings and table the same for approval by the respective Division Board and respective Biennial Meeting.

e) To remit to the Chairman, monthly reports on income and expenditures and whenever the Division Board meets.

f) To implement and control the implementation of all financial matters and aspects of the Division, and inform the Chairman accordingly.

g) To prepare an annual budget and report that has to be approved by the Division Board and then endorsed by the WBSC Executive Board in order to be financially supported.

h) To carry out such duties and responsibilities that this Code, the WBSC Statutes, By-Laws, Rules and Regulations, the Division Board and the WBSC Executive Board shall entrust upon him or her.

6.4 Pertaining to the Members At-Large:
The Division Board shall assign such duties and functions as may deem appropriate to the Members At-Large of each Division.

6.5 Pertaining to the Continental Representatives:
Each of the Continental Representatives is the legal representative of his or her respective Continent in the Division and they shall carry out the duties and responsibilities set up by this Code, the WBSC Statutes, By-Laws, Rules and Regulations and that the Division Boards and the WBSC Executive Board shall entrust upon him or her and in accordance with the WBSC Statutes, By-Laws, Rules and Regulations and this Code.

6.6 Pertaining to the Athletes’ Representatives:
The Athletes’ Representatives are the legal representatives of the athletes in the Divisions. Their duties and responsibilities are to be the athletes voice in all matters in the Divisions and the Division Boards and carry out such duties and responsibilities that this Code, the WBSC Statutes, By-Laws, Rules and Regulations, the Division Boards and the WBSC Executive Board shall entrust upon them.

ARTICLE 7. THE OFFICES OF THE DIVISIONS

7.1 The Division Boards may employ each a Division Director and such other staff upon such terms and conditions as it deems necessary and appropriate to carry out the administrative and operational duties and responsibilities of each Division under the authority of the Chairmen and the Division Boards and under the final approval of the WBSC Executive Board. The Division Boards shall prepare a job description for the Division Directors. Such staff shall carry out all duties and responsibilities in compliance with and in harmony with this Code, the WBSC Statutes, By-Laws, Rules and Regulations and, that the Division Board and the WBSC Executive Board shall entrust upon him or her.

7.2 The Division Directors shall attend each the respective Biennial Meeting and the meetings of each Division Board and Commissions and shall have the right to speak but no right to vote.

ARTICLE 8. THE COMMISSIONS OF THE DIVISIONS

8.1 The Division Boards have the power to create any Commission of the Divisions (hereinafter referred to as “Division Commissions”) and appoint the Chairs and members thereof with such mandate and terms of reference as they deem necessary and appropriate for the good administration of the Divisions and, as applicable, the Objectives or the business of the Divisions. Such Division Commissions and all members thereof shall carry out all duties and responsibilities in compliance with and in harmony with this Code, the WBSC Statutes, By-Laws, Rules and Regulations, the Division Board and the WBSC Executive Board shall entrust upon them.

8.2 Division Commissions act on the authority and under the supervision of, and shall report to, the respective Division Board and the respective Biennial Meeting, if required. Every Division Commission shall have terms of reference and operating procedures, which shall be approved by the respective Division Board.

8.3 The power to appoint of the Division Board in relation to the Division Commissions shall include the power to dismiss and re-appoint their members and to dissolve any Division Commission.

8.4 The following Division Commissions are mandatory for each Division, shall have jurisdiction over the subject matters for which formed, and may only be dissolved by a two-thirds (2/3) majority vote of the respective Division Board:

a) Tournament Commission: its activities shall be 1) monitoring tournament organisation to ensure respect of the Norms, By Laws and the Host City Contract is being adhered to; 2) assist the LOCs to deliver the tournament; 3) select the Technical Commissioners for the tournaments.

b) Umpiring Commission: its activities shall be 1) establishment of WBSC instructors to ensure the consistency of umpiring methods across the continents; 2) organising umpire clinics in various emerging Baseball/Softball nations; 3) establishment of Division Certificates to enhance the quality of WBSC umpires; 4) select the Umpires for the tournaments.

c) Scoring Commission: its activities shall be 1) establishment of WBSC instructors to ensure the consistency of scoring methods across the continents; 2) organising scoring clinics in various Baseball/Softball emerging nations; 3) establishment of Division Certificates to enhance the quality of Division scorers; 4) educate of live scoring system (play by play) to Division scorers 5) select the Scorers for the tournaments.

d) For the Baseball Division, a Women’s Development Commission, and for the Softball Division, a Men’s Development Commission, both of which will have as its key objectives: 1) increase the number of women and men respectively competing and countries bringing women and men respectively to a higher level of competition; 2) increase the number of women and men respectively coaching, officiating and administrating sports; 3) increase sport’s opportunities for girls and women and boys and men respectively with disabilities at local, national & international levels; 4) increase representation by women and men respectively in all IPC decision-making structures. Its key initiatives shall be 1) to establish women’s and men’s networks respectively; 2) to conduct leadership training; 3) to develop tool kit on sports participation for girls and women and boys and men respectively; 4) to promote research to understand the benefits and barriers to participation; 5) to connect with the broader women&sport and men&sport respectively movements.

8.5 Every member of a Division Commission shall declare any conflict of interest in connection with his or her involvement with the WBSC, the Division and/or any of the Division Commission and shall recuse himself or herself from any matter before the Division Commission and concerning that member or his or her National Federation, Association or Organisation.

8.6 The Division Commissions shall meet whenever there is business to be considered and/or transacted, all meetings being subject to the approval of the Division Board. All Division Commissions meetings may be held by electronic means, or in person.

8.7 If a member of a Division Commission has been absent from two (2) consecutive meetings without reasons acceptable to the respective Division Board, his or her membership shall be forfeited. The Division Board may, if it deems necessary appoint another person to fill the vacancy.

8.8 The Division Board may, if it deems appropriate, appoint ex-officio an officer of the Division Board or any other person to serve on any Division Commission and such appointee shall have the right to speak but no right to vote and shall ensure and maintain communications between the Division Board and the Division Commission.

CHAPTER III – APPLICATION OF THE CODE IN SPORTS LIFE

ARTICLE 9. THE CODE AND THE TOURNAMENT REGULATIONS

9.1 Each Division shall make such Tournament Rules and Regulations for all disciplines of Baseball/Softball to govern, manage and administer all qualification and technical aspects of Baseball/Softball competitions under the jurisdiction of each Division.

9.2 The jurisdiction to consider, interpret, or resolve any dispute, interpretation or matter arising under these Tournament Rules and Regulations is vested in the Division Board.

9.3 The Division Board shall ensure that all such Tournament Rules and Regulations are in compliance with and in harmony with this Code, the WBSC Statutes, By-Laws, Rules and Regulations and are ratified by the WBSC Executive Board.

ARTICLE 10. DISPUTES

10.1 All disputes arising from any matter under this Code and any Tournament Rules and Regulations shall be dealt with in accordance with the Disciplinary By-Laws under the WBSC Statutes.

ARTICLE 11. DOPING CONTROL

11.1 All matters pertaining to doping testing and anti-doping matters shall be dealt with in accordance with the WBSC Statutes, Code of the Divisions, By-Laws, Rules and Regulations and the WADA Code.

CHAPTER IV – FINANCIAL MATTERS

ARTICLE 12. THE WBSC DIVISION FINANCES

12.1 The Divisions shall be empowered to raise funds to the maximum extent permitted by law, and by whatever means proper under this Code and in accordance and in harmony with the WBSC Statutes, Code of the Divisions, By-Laws, Rules and Regulations.

12.2 The Divisions shall be considered and treated as of equal importance and shall each be responsible for and pay timeously all costs, expenditures and liabilities of the respective Division, including for its Division Board and Executive Management with the revenues allocated by WBSC.

12.3 The income and property that will be allocated by WBSC to each Division shall be used towards the fulfilment of the objectives and for the management, administration and operation of the same.

12.4 The WBSC will annually allocate to the Baseball Division and the Softball Division according to the budget presented, the financial resources for an effective and efficient fulfilment of the Divisions objectives and towards its management, administration and operations.

12.5 The Divisions are permitted to its own merchandising for all Baseball/Softball competitions under the Divisions’ jurisdiction are in accordance with the WBSC Statutes, Code of the Divisions, By-Laws, Rules and Regulations and approved in advance by the WBSC.

12.6 The fiscal year of the Divisions shall be the same as the WBSC. For each such fiscal year, each Treasurer shall produce a statement of accounts for his or her respective Division duly certified and audited by a Certified Public Accountant and present the same for consideration and approval by the respective Division Board.

12.7 The statement of accounts of the Divisions for any year preceding a regular Biennial Meeting, and for the multiple-year period since the last regular Biennial Meeting, shall be sent to all Division Members in advance of the next scheduled regular Biennial Meeting as part of the material provided by the Chairmen in accordance with Article 4.7 of this Code.

ARTICLE 13. DISSOLUTION

13.1 In case of dissolution of a Division, all WBSC assets shall be dealt with in such manner as may be decided by the WBSC Executive Board.

CHAPTER V – FINAL DISPOSITIONS

ARTICLE 14. COPYRIGHTS OF THIS CODE AND TOURNAMENT REGULATIONS

14.1 All Tournament Rules and Regulations and all publications promulgated by the Divisions shall be published in the official languages of the Divisions solely for the benefit of WBSC 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. All copyrights of this Code and Tournament Rules and Regulations shall remain and be the sole right and property of the WBSC.

14.2 All persons other than WBSC Members wishing to publish the Code or any Tournament Rules and Regulations must first obtain the permission of the respective Division.

WBSC – WORLD BASEBALL SOFTBALL CONFEDERATION
Anti-Doping Rules are based on Wada’s Models of Best Practice for International Federations and the World Anti-Doping Code.

Valid from 1.1.2015

INTRODUCTION

Preface
These Anti-Doping Rules are adopted and implemented in accordance with WBSC’s responsibilities under the Code, and in furtherance of WBSC’s continuing efforts to eradicate doping in sport.

These Anti-Doping Rules are sport rules governing the conditions under which sport is played. Aimed at enforcing anti-doping principles in a global and harmonised manner, they are distinct in nature from criminal and civil laws, and are not intended to be subject to or limited by any national requirements and legal standards applicable to criminal or civil proceedings. When reviewing the facts and the law of a given case, all courts, arbitral tribunals and other adjudicating bodies should be aware of and respect the distinct nature of these Anti-Doping Rules implementing the Code and the fact that these rules represent the consensus of a broad spectrum of stakeholders around the world as to what is necessary to protect and ensure fair sport.

Fundamental Rationale for the Code and WBSC’s Anti-Doping Rules
Anti-doping programs seek to preserve what is intrinsically valuable about sport. This intrinsic value is often referred to as “the spirit of sport”. It is the essence of Olympism, the pursuit of human excellence through the dedicated perfection of each person’s natural talents. It is how we play true. The spirit of sport is the celebration of the human spirit, body and mind, and is reflected in values we find in and through sport, including:

  • Ethics, fair play and honesty
  • Health
  • Excellence in performance
  • Character and education
  • Fun and job
  • Teamwork
  • Dedication and commitment
  • Respect for rules and laws
  • Respect for self and other Participants
  • Courage
  • Community and solidarity

Doping is fundamentally contrary to the spirit of sport.

Scope of these Anti-Doping Rules
These Anti-Doping Rules shall apply to WBSC and to each of its National Federations. They also apply to the following Athletes, Athlete Support Personnel and other Persons, each of whom is deemed, as a condition of his/her membership, accreditation and/or participation in the sport, to have agreed to be bound by these Anti-Doping Rules, and to have submitted to the authority of WBSC to enforce these Anti-Doping Rules and to the jurisdiction of the hearing panels specified in Article 8 and Article 13 to hear and determine cases and appeals brought under these Anti-Doping Rules:

a. all Athletes and Athlete Support Personnel who are members of WBSC, or of any National Federation, or of any member or affiliate organisation of any National Federation (including any clubs, teams, associations or leagues);

b. all Athletes and Athlete Support Personnel participating in such capacity in Events, Competitions and other activities organised, convened, authorised or recognised by WBSC, or any National Federation, or any member or affiliate organisation of any National Federation (including any clubs, teams, associations or leagues), wherever held;

c. any other Athlete or Athlete Support Personnel or other Person who, by virtue of an accreditation, a licence or other contractual arrangement, or otherwise, is subject to the jurisdiction of WBSC, or of any National Federation, or of any member or affiliate organisation of any National Federation (including any clubs, teams, associations or leagues), for purposes of anti-doping; To be eligible for participation in International Events, a competitor must have personally signed the Appendix 3 consent form, in the actual form approved by the WBSC. All forms from Minors must be counter-signed by their legal guardians and

d. Athletes who are not regular members of WBSC or of one of its National Federations but who want to be eligible to compete in a particular International Event. WBSC may include such Athletes in its Registered Testing Pool so that they are required to provide information about their whereabouts for purposes of Testing under these Anti-Doping Rules for at least one month prior to the International Event in question.

Within the overall pool of Athletes set out above who are bound by and required to comply with these Anti-Doping Rules, the following Athletes shall be considered to be International-Level Athletes for purposes of these Anti-Doping Rules, and therefore the specific provisions in these Anti-Doping Rules applicable to International-Level Athletes (as regards Testing but also as regards TUEs, whereabouts information, results management, and appeals) shall apply to such Athletes:

a. Athletes who are part of the WBSC Registered Testing Pool and Testing Pool;
b. Any Athletes who participate in any WBSC International Events (such as friendly games and/or official games).

ARTICLE 1. DEFINITION OF DOPING

Doping is defined as the occurrence of one or more of the anti-doping rule violations set forth in Article 2.1 through Article 2.10 of these Anti-Doping Rules.

ARTICLE 2 ANTI-DOPING RULE VIOLATIONS

The purpose of Article 2 is to specify the circumstances and conduct which constitute anti-doping rule violations. Hearings in doping cases will proceed based on the assertion that one or more of these specific rules have been violated.

Athletes or other Persons shall be responsible for knowing what constitutes an anti-doping rule violation and the substances and methods which have been included on the Prohibited List.

The following constitute anti-doping rule violations:

2.1 Presence of a Prohibited Substance or its Metabolites or Markers in an Athlete’s Sample

2.1.1 It is each Athlete’s personal duty to ensure that no Prohibited Substance enters his or her body. Athletes are responsible for any Prohibited Substance or its Metabolites or Markers found to be present in their Samples. Accordingly, it is not necessary that intent, Fault, negligence or knowing Use on the Athlete’s part be demonstrated in order to establish an anti-doping rule violation under Article 2.1.

[Comment to Article 2.1.1: An anti-doping rule violation is committed under this Article without regard to an Athlete’s Fault. This rule has been referred to in various CAS decisions as “Strict Liability”. An Athlete’s Fault is taken into consideration in determining the Consequences of this anti-doping rule violation under Article 10. This principle has consistently been upheld by CAS.]

2.1.2 Sufficient proof of an anti-doping rule violation under Article 2.1 is established by any of the following: presence of a Prohibited Substance or its Metabolites or Markers in the Athlete’s A Sample where the Athlete waives analysis of the B Sample and the B Sample is not analysed; or, where the Athlete’s B Sample is analysed and the analysis of the Athlete’s B Sample confirms the presence of the Prohibited Substance or its Metabolites or Markers found in the Athlete’s A Sample; or, where the Athlete’s B Sample is split into two bottles and the analysis of the second bottle confirms the presence of the Prohibited Substance or its Metabolites or Markers found in the first bottle.

[Comment to Article 2.1.2: The Anti-Doping organisation with results management responsibility may, at its discretion, choose to have the B Sample analysed even if the Athlete does not request the analysis of the B Sample.]

2.1.3 Excepting those substances for which a quantitative threshold is specifically identified in the Prohibited List, the presence of any quantity of a Prohibited Substance or its Metabolites or Markers in an Athlete’s Sample shall constitute an anti-doping rule violation.

2.1.4 As an exception to the general rule of Article 2.1, the Prohibited List or International Standards may establish special criteria for the evaluation of Prohibited Substances that can also be produced endogenously.

2.2 Use or Attempted Use by an Athlete of a Prohibited Substance or a Prohibited Method

[Comment to Article 2.2: It has always been the case that Use or Attempted Use of a Prohibited Substance or Prohibited Method may be established by any reliable means. As noted in the Comment to Article 3.2, unlike the proof required to establish an anti-doping rule violation under Article 2.1, Use or Attempted Use may also be established by other reliable means such as admissions by the Athlete, witness statements, documentary evidence, conclusions drawn from longitudinal profiling, including data collected as part of the Athlete Biological Passport, or other analytical information which does not otherwise satisfy all the requirements to establish “Presence” of a Prohibited Substance under Article 2.1. For example, Use may be established based upon reliable analytical data from the analysis of an A Sample (without confirmation from an analysis of a B Sample) or from the analysis of a B Sample alone where the Anti-Doping organisation provides a satisfactory explanation for the lack of confirmation in the other Sample.]

2.2.1 It is each Athlete’s personal duty to ensure that no Prohibited Substance enters his or her body and that no Prohibited Method is Used. Accordingly, it is not necessary that intent, Fault, negligence or knowing Use on the Athlete’s part be demonstrated in order to establish an anti-doping rule violation for Use of a Prohibited Substance or a Prohibited Method.

2.2.2 The success or failure of the Use or Attempted Use of a Prohibited Substance or Prohibited Method is not material. It is sufficient that the Prohibited Substance or Prohibited Method was Used or Attempted to be Used for an anti-doping rule violation to be committed.

[Comment to Article 2.2.2: Demonstrating the “Attempted Use” of a Prohibited Substance or a Prohibited Method requires proof of intent on the Athlete’s part. The fact that intent may be required to prove this particular anti-doping rule violation does not undermine the Strict Liability principle established for violations of Article 2.1 and violations of Article 2.2 in respect of Use of a Prohibited Substance or Prohibited Method.

An Athlete’s “Use” of a Prohibited Substance constitutes an anti-doping rule violation unless such substance is not prohibited Out-of-Competition and the Athlete’s Use takes place Out-of-Competition. (However, the presence of a Prohibited Substance or its Metabolites or Markers in a Sample collected In-Competition is a violation of Article 2.1 regardless of when that substance might have been administered).]

2.3 Evading, Refusing or Failing to Submit to Sample Collection

Evading Sample collection, or without compelling justification refusing or failing to submit to Sample collection after notification as Authorised in these Anti-Doping Rules or other applicable anti-doping rules.

[Comment to Article 2.3: For example, it would be an anti-doping rule violation of “evading Sample collection” if it were established that an Athlete was deliberately avoiding a Doping Control official to evade notification or Testing. A violation of “failing to submit to Sample collection” may be based on either intentional or negligent conduct of the Athlete, while “evading” or “refusing” Sample collection contemplates intentional conduct by the Athlete.]

2.4 Whereabouts Failures

Any combination of three missed tests and/or filing failures, as defined in the International Standard for Testing and Investigations, within a twelve-month period by an Athlete in a Registered Testing Pool.

2.5 Tampering or Attempted Tampering with any part of Doping Control

Conduct which subverts the Doping Control process but which would not otherwise be included in the definition of Prohibited Methods. Tampering shall include, without limitation, intentionally interfering or attempting to interfere with a Doping Control official, providing fraudulent information to an Anti-Doping organisation, or intimidating or attempting to intimidate a potential witness.

[Comment to Article 2.5: For example, this Article would prohibit altering identification numbers on a Doping Control form during Testing, breaking the B bottle at the time of B Sample analysis, or altering a Sample by the addition of a foreign substance. Offensive conduct towards a Doping Control official or other Person involved in Doping Control which does not otherwise constitute Tampering shall be addressed in the disciplinary rules of sport organisations.]

2.6 Possession of a Prohibited Substance or a Prohibited Method

2.6.1 Possession by an Athlete In-Competition of any Prohibited Substance or any Prohibited Method, or Possession by an Athlete Out-of-Competition of any Prohibited Substance or any Prohibited Method which is prohibited Out-of-Competition unless the Athlete establishes that the Possession is consistent with a Therapeutic Use Exemption (“TUE”) granted in accordance with Article 4.4 or other acceptable justification.

2.6.2 Possession by an Athlete Support Person In-Competition of any Prohibited Substance or any Prohibited Method, or Possession by an Athlete Support Person Out-of-Competition of any Prohibited Substance or any Prohibited Method which is prohibited Out-of-Competition in connection with an Athlete, Competition or training, unless the Athlete Support Person establishes that the Possession is consistent with a TUE granted to an Athlete in accordance with Article 4.4 or other acceptable justification.

[Comment to Articles 2.6.1 and 2.6.2: Acceptable justification would not include, for example, buying or Possessing a Prohibited Substance for purposes of giving it to a friend or relative, except under justifiable medical circumstances where that Person had a physician’s prescription, e.g., buying Insulin for a diabetic child.]

[Comment to Article 2.6.2: Acceptable justification would include, for example, a team doctor carrying Prohibited Substances for dealing with acute and emergency situations.]

2.7 Trafficking or Attempted Trafficking in any Prohibited Substance or Prohibited Method

2.8 Administration or Attempted Administration to any Athlete In-Competition of any Prohibited Substance or Prohibited Method, or Administration or Attempted Administration to any Athlete Out-of-Competition of any Prohibited Substance or any Prohibited Method that is prohibited Out-of-Competition

2.9 Complicity

Assisting, encouraging, aiding, abetting, conspiring, covering up or any other type of intentional complicity involving an anti-doping rule violation, Attempted anti-doping rule violation or violation of Article 10.12.1 by another Person.

2.10 Prohibited Association

Association by an Athlete or other Person subject to the authority of an Anti-Doping organisation in a professional or sport-related capacity with any Athlete Support Person who:

2.10.1 If subject to the authority of an Anti-Doping organisation, is serving a period of Ineligibility; or

2.10.2 If not subject to the authority of an Anti-Doping organisation and where Ineligibility has not been addressed in a results management process pursuant to the Code, has been convicted or found in a criminal, disciplinary or professional proceeding to have engaged in conduct which would have constituted a violation of anti-doping rules if Code-compliant rules had been applicable to such Person. The disqualifying status of such Person shall be in force for the longer of six years from the criminal, professional or disciplinary decision or the duration of the criminal, disciplinary or professional sanction imposed; or

2.10.3 Is serving as a front or intermediary for an individual described in Article 2.10.1 or 2.10.2.

In order for this provision to apply, it is necessary that the Athlete or other Person has previously been advised in writing by an Anti-Doping organisation with jurisdiction over the Athlete or other Person, or by WADA, of the Athlete Support Person’s disqualifying status and the potential Consequence of prohibited association and that the Athlete or other Person can reasonably avoid the association. The Anti-Doping organisation shall also use reasonable efforts to advise the Athlete Support Person who is the subject of the notice to the Athlete or other Person that the Athlete Support Person may, within 15 days, come forward to the Anti-Doping organisation to explain that the criteria described in Articles 2.10.1 and 2.10.2 do not apply to him or her. (Notwithstanding Article 17, this Article applies even when the Athlete Support Person’s disqualifying conduct occurred prior to the effective date provided in Article 20.7.)

The burden shall be on the Athlete or other Person to establish that any association with Athlete Support Personnel described in Article 2.10.1 or 2.10.2 is not in a professional or sport-related capacity.

Anti-Doping organisations that are aware of Athlete Support Personnel who meet the criteria described in Article 2.10.1, 2.10.2, or 2.10.3 shall submit that information to WADA.

[Comment to Article 2.10: Athletes and other Persons must not work with coaches, trainers, physicians or other Athlete Support Personnel who are Ineligible on account of an anti-doping rule violation or who have been criminally convicted or professionally disciplined in relation to doping. Some examples of the types of association which are prohibited include: obtaining training, strategy, technique, nutrition or medical advice; obtaining therapy, treatment or prescriptions; providing any bodily products for analysis; or allowing the Athlete Support Person to serve as an agent or representative. Prohibited association need not involve any form of compensation.]

ARTICLE 3 PROOF OF DOPING

3.1 Burdens and Standards of Proof

WBSC shall have the burden of establishing that an anti-doping rule violation has occurred. The standard of proof shall be whether WBSC has established an anti-doping rule violation to the comfortable satisfaction of the hearing panel bearing in mind the seriousness of the allegation which is made. This standard of proof in all cases is greater than a mere balance of probability but less than proof beyond a reasonable doubt. Where these Anti-Doping Rules place the burden of proof upon the Athlete or other Person alleged to have committed an anti-doping rule violation to rebut a presumption or establish specified facts or circumstances, the standard of proof shall be by a balance of probability.

[Comment to Article 3.1: This standard of proof required to be met by WBSC is comparable to the standard which is applied in most countries to cases involving professional misconduct.]

3.2 Methods of Establishing Facts and Presumptions

Facts related to anti-doping rule violations may be established by any reliable means, including admissions. The following rules of proof shall be applicable in doping cases:

[Comment to Article 3.2: For example, WBSC may establish an anti-doping rule violation under Article 2.2 based on the Athlete’s admissions, the credible testimony of third Persons, reliable documentary evidence, reliable analytical data from either an A or B Sample as provided in the Comments to Article 2.2, or conclusions drawn from the profile of a series of the Athlete’s blood or urine Samples, such as data from the Athlete Biological Passport.]

3.2.1 Analytical methods or decision limits approved by WADA after consultation within the relevant scientific community and which have been the subject of peer review are presumed to be scientifically valid. Any Athlete or other Person seeking to rebut this presumption of scientific validity shall, as a condition precedent to any such challenge, first notify WADA of the challenge and the basis of the challenge. CAS on its own initiative may also inform WADA of any such challenge. At WADA’s request, the CAS panel shall appoint an appropriate scientific expert to assist the panel in its evaluation of the challenge. Within 10 days of WADA’s receipt of such notice, and WADA’s receipt of the CAS file, WADA shall also have the right to intervene as a party, appear amicus curiae, or otherwise provide evidence in such proceeding.

3.2.2 WADA-accredited laboratories, and other laboratories approved by WADA, are presumed to have conducted Sample analysis and custodial procedures in accordance with the International Standard for Laboratories. The Athlete or other Person may rebut this presumption by establishing that a departure from the International Standard for Laboratories occurred which could reasonably have caused the Adverse Analytical Finding. If the Athlete or other Person rebuts the preceding presumption by showing that a departure from the International Standard for Laboratories occurred which could reasonably have caused the Adverse Analytical Finding, then WBSC shall have the burden to establish that such departure did not cause the Adverse Analytical Finding.

[Comment to Article 3.2.2: The burden is on the Athlete or other Person to establish, by a balance of probability, a departure from the International Standard for Laboratories that could reasonably have caused the Adverse Analytical Finding. If the Athlete or other Person does so, the burden shifts to WBSC to prove to the comfortable satisfaction of the hearing panel that the departure did not cause the Adverse Analytical Finding.]

3.2.3 Departures from any other International Standard or other anti-doping rule or policy set forth in the Code or these Anti-Doping Rules which did not cause an Adverse Analytical Finding or other anti-doping rule violation shall not invalidate such evidence or results. If the Athlete or other Person establishes a departure from another International Standard or other anti-doping rule or policy which could reasonably have caused an anti-doping rule violation based on an Adverse Analytical Finding or other anti-doping rule violation, then WBSC shall have the burden to establish that such departure did not cause the Adverse Analytical Finding or the factual basis for the anti-doping rule violation.

3.2.4 The facts established by a decision of a court or professional disciplinary tribunal of competent jurisdiction which is not the subject of a pending appeal shall be irrefutable evidence against the Athlete or other Person to whom the decision pertained of those facts unless the Athlete or other Person establishes that the decision violated principles of natural justice.

3.2.5 The hearing panel in a hearing on an anti-doping rule violation may draw an inference adverse to the Athlete or other Person who is asserted to have committed an anti-doping rule violation based on the Athlete’s or other Person’s refusal, after a request made in a reasonable time in advance of the hearing, to appear at the hearing (either in person or telephonically as directed by the hearing panel) and to answer questions from the hearing panel or WBSC.

ARTICLE 4 THE PROHIBITED LIST

4.1 Incorporation of the Prohibited List

These Anti-Doping Rules incorporate the Prohibited List, which is published and revised by WADA as described in Article 4.1 of the Code.

[Comment to Article 4.1: The current Prohibited List is available on WADA’s website at www.wada-ama.org.]

4.2 Prohibited Substances and Prohibited Methods Identified on the Prohibited List

4.2.1 Prohibited Substances and Prohibited Methods

Unless provided otherwise in the Prohibited List and/or a revision, the Prohibited List and revisions shall go into effect under these Anti-Doping Rules three months after publication by WADA, without requiring any further action by WBSC or its National Federations. All Athletes and other Persons shall be bound by the Prohibited List, and any revisions thereto, from the date they go into effect, without further formality. It is the responsibility of all Athletes and other Persons to familiarise themselves with the most up-to-date version of the Prohibited List and all revisions thereto.

4.2.2 Specified Substances

For purposes of the application of Article 10, all Prohibited Substances shall be Specified Substances except substances in the classes of anabolic agents and hormones and those stimulants and hormone antagonists and modulators so identified on the Prohibited List. The category of Specified Substances shall not include Prohibited Methods.

[Comment to Article 4.2.2: The Specified Substances identified in Article 4.2.2 should not in any way be considered less important or less dangerous than other doping substances. Rather, they are simply substances which are more likely to have been consumed by an Athlete for a purpose other than the enhancement of sport performance.]

4.3 WADA’s Determination of the Prohibited List

WADA’s determination of the Prohibited Substances and Prohibited Methods that will be included on the Prohibited List, the classification of substances into categories on the Prohibited List, and the classification of a substance as prohibited at all times or In-Competition only, is final and shall not be subject to challenge by an Athlete or other Person based on an argument that the substance or method was not a masking agent or did not have the potential to enhance performance, represent a health risk or violate the spirit of sport.

4.4 Therapeutic Use Exemptions (“TUEs”)

4.4.1 The presence of a Prohibited Substance or its Metabolites or Markers, and/or the Use or Attempted Use, Possession or Administration or Attempted Administration of a Prohibited Substance or Prohibited Method, shall not be considered an anti-doping rule violation if it is consistent with the provisions of a TUE granted in accordance with the International Standard for Therapeutic Use Exemptions.

4.4.2 If an International-Level Athlete is using a Prohibited Substance or a Prohibited Method for therapeutic reasons:

4.4.2.1 Where the Athlete already has a TUE granted by his or her National Anti-Doping organisation for the substance or method in question, that TUE is automatically valid for international-level Competition provided that such TUE decision has been reported in accordance with Article 5.4 of the International Standard for Therapeutic Use Exemptions and therefore is available for review by WADA.

[Comment to Article 4.4.2.1: Further to Articles 5.6 and 7.1(a) of the International Standard for Therapeutic Use Exemptions, WBSC may publish notice on its website [insert website address] that it will automatically recognise TUE decisions (or categories of such decisions, e.g., as to particular substances or methods) made by National Anti-Doping organisations. If an Athlete’s TUE falls into a category of automatically recognised TUEs, then he/she does not need to apply to WBSC for recognition of that TUE.

If WBSC refuses to recognise a TUE granted by a National Anti-Doping organisation only because medical records or other information are missing that are needed to demonstrate satisfaction of the criteria in the International Standard for Therapeutic Use Exemptions, the matter should not be referred to WADA. Instead, the file should be completed and re-submitted to WBSC.]

4.4.2.2 If the Athlete does not already have a TUE granted by his/her National Anti-Doping organisation for the substance or method in question, the Athlete must apply directly to WBSC for a TUE in accordance with the process set out in the International Standard for Therapeutic Use Exemptions using the form posted on WBSC website at www.wbsc.co . If WBSC denies the Athlete’s application, it must notify the Athlete promptly, with reasons. If WBSC grants the Athlete’s application, it shall notify not only the Athlete but also his/her National Anti-Doping organisation. If the National Anti-Doping organisation considers that the TUE granted by WBSC does not meet the criteria set out in the International Standard for Therapeutic Use Exemptions, it has 21 days from such notification to refer the matter to WADA for review in accordance with Article 4.4.6. If the National Anti-Doping organisation refers the matter to WADA for review, the TUE granted by WBSC remains valid for international-level Competition and Out-of-Competition Testing (but is not valid for national-level Competition) pending WADA’s decision. If the National Anti-Doping organisation does not refer the matter to WADA for review, the TUE granted by WBSC becomes valid for national-level Competition as well when the 21-day review deadline expires.

[Comment to Article 4.4.2: WBSC may agree with a National Anti-Doping organisation that the National Anti-Doping organisation will consider TUE applications on behalf of WBSC.]

4.4.3 If WBSC chooses to test an Athlete who is not an International-Level Athlete, WBSC shall recognise a TUE granted to that Athlete by his or her National Anti-Doping organisation. If WBSC chooses to test an Athlete who is not an International-Level or a National-Level Athlete, WBSC shall permit that Athlete to apply for a retroactive TUE for any Prohibited Substance or Prohibited Method that he/she is using for therapeutic reasons.

4.4.4 An application to WBSC for grant of a TUE should be made as soon as the need arises. For substances prohibited In-Competition only, the Athlete should apply for a TUE at least 30 days before the Athlete’s next Competition unless it is an emergency or exceptional situation.
An Athlete may only be granted retroactive approval for his/her Therapeutic Use of a Prohibited Substance or Prohibited Method (i.e., a retroactive TUE) if:
a. Emergency treatment or treatment of an acute medical condition was
necessary; or
b. Due to other exceptional circumstances, there was insufficient time or opportunity for the Athlete to submit, or for the TUEC to consider, an
application for the TUE prior to Sample collection; or
c. The applicable rules required the Athlete or permitted the Athlete (see Code Article 4.4.5) to apply for a retroactive TUE; or
d. It is agreed, by WADA and by the Anti-Doping organisation to whom the application for a retroactive TUE is or would be made, that fairness
requires the grant of a retroactive TUE.
WBSC shall appoint a standing panel of at least 3 physicians to consider applications for the grant or recognition of TUEs (the “TUE Committee”). Upon WBSC’s receipt of a TUE request, the WBSC’s Anti-Doping Administrator or its delegate shall appoint the TUE Committee which will consider such request. The TUE Committee shall promptly evaluate and decide upon the application in accordance with the relevant provisions of the International Standard for Therapeutic Use Exemptions and the eventual specific WBSC’s protocols posted on its website. Subject to Article 4.4.6 of these Rules, its decision shall be the final decision of WBSC, and shall be reported to WADA and other relevant Anti-Doping organisations, including the Athlete’s National Anti-Doping organisation, through ADAMS, in accordance with the International Standard for Therapeutic Use Exemptions.

[Comment to Article 4.4.4: The submission of false or misleadingly incomplete information in support of a TUE application (including but not limited to the failure to advise of the unsuccessful outcome of a prior application to another Anti-Doping organisation for such a TUE) may result in a charge of Tampering or Attempted Tampering under Article 2.5.

An Athlete should not assume that his/her application for grant or recognition of a TUE (or for renewal of a TUE) will be granted. Any Use or Possession or Administration of a Prohibited Substance or Prohibited Method before an application has been granted is entirely at the Athlete’s own risk.]

4.4.5 Expiration, Cancellation, Withdrawal or Reversal of a TUE

4.4.5.1 A TUE granted pursuant to these Anti-Doping Rules: (a) shall expire automatically at the end of any term for which it was granted, without the need for any further notice or other formality; (b) may be cancelled if the Athlete does not promptly comply with any requirements or conditions imposed by the TUE Committee upon grant of the TUE; (c) may be withdrawn by the TUE Committee if it is subsequently determined that the criteria for grant of a TUE are not in fact met; or (d) may be reversed on review by WADA or on appeal.

4.4.5.2 In such event, the Athlete shall not be subject to any Consequences based on his/her Use or Possession or Administration of the Prohibited Substance or Prohibited Method in question in accordance with the TUE prior to the effective date of expiry, cancellation, withdrawal or reversal of the TUE. The review pursuant to Article 7.2 of any subsequent Adverse Analytical Finding shall include consideration of whether such finding is consistent with Use of the Prohibited Substance or Prohibited Method prior to that date, in which event no anti-doping rule violation shall be asserted.

4.4.6 Reviews and Appeals of TUE Decisions

4.4.6.1 WADA shall review any decision by WBSC to grant a TUE that is referred to WADA by the Athlete’s National Anti-Doping organisation. WADA may review any other TUE decisions at any time, whether upon request by those affected or on its own initiative. If the TUE decision being reviewed meets the criteria set out in the International Standard for Therapeutic Use Exemptions, WADA will not interfere with it. If the TUE decision does not meet those criteria, WADA will reverse it.

4.4.6.2 Any TUE decision by WBSC (or by a National Anti-Doping organisation where it has agreed to consider the application on behalf of WBSC) that is not reviewed by WADA, or that is reviewed by WADA but is not reversed upon review, may be appealed by the Athlete and/or the Athlete’s National Anti-Doping organisation exclusively to CAS, in accordance with Article 13.

[Comment to Article 4.4.6.2: In such cases, the decision being appealed is the WBSC’s TUE decision, not WADA’s decision not to review the TUE decision or (having reviewed it) not to reverse the TUE decision. However, the deadline to appeal the TUE decision does not begin to run until the date that WADA communicates its decision. In any event, whether the decision has been reviewed by WADA or not, WADA shall be given notice of the appeal so that it may participate if it sees fit.]

4.4.6.3 A decision by WADA to reverse a TUE decision may be appealed by the Athlete, the National Anti-Doping organisation and/or WBSC exclusively to CAS, in accordance with Article 13.

4.4.6.4 A failure to take action within a reasonable time on a properly submitted application for grant or recognition of a TUE or for review of a TUE decision shall be considered a denial of the application.

ARTICLE 5 TESTING AND INVESTIGATIONS

5.1 Purpose of Testing and Investigations

Testing and investigations shall only be undertaken for anti-doping purposes. They shall be conducted in conformity with the provisions of the International Standard for Testing and Investigations and the eventual specific protocols of WBSC supplementing that International Standard.

5.1.1 Testing shall be undertaken to obtain analytical evidence as to the Athlete’s compliance (or non-compliance) with the strict Code prohibition on the presence/Use of a Prohibited Substance or Prohibited Method. Test distribution planning, Testing, post-Testing activity and all related activities conducted by WBSC shall be in conformity with the International Standard for Testing and Investigations. WBSC shall determine the number of finishing placement tests, random tests and target tests to be performed, in accordance with the criteria established by the International Standard for Testing and Investigations. All provisions of the International Standard for Testing and Investigations shall apply automatically in respect of all such Testing.

5.1.2 Investigations shall be undertaken:

5.1.2.1 in relation to Atypical Findings, Atypical Passport Findings and Adverse Passport Findings, in accordance with Articles 7.4 and 7.5 respectively, gathering intelligence or evidence (including, in particular, analytical evidence) in order to determine whether an anti-doping rule violation has occurred under Article 2.1 and/or Article 2.2; and

5.1.2.2 in relation to other indications of potential anti-doping rule violations, in accordance with Articles 7.6 and 7.7, gathering intelligence or evidence (including, in particular, non-analytical evidence) in order to determine whether an anti-doping rule violation has occurred under any of Articles 2.2 to 2.10.

5.1.3 WBSC may obtain, assess and process anti-doping intelligence from all available sources, to inform the development of an effective, intelligent and proportionate test distribution plan, to plan Target Testing, and/or to form the basis of an investigation into a possible anti-doping rule violation(s).

5.2 Authority to conduct Testing

5.2.1 Subject to the jurisdictional limitations for Event Testing set out in Article 5.3 of the Code, WBSC shall have In-Competition and Out-of-Competition Testing authority over all of the Athletes specified in the Introduction to these Anti-Doping Rules (under the heading “Scope”).

5.2.2 WBSC may require any Athlete over whom it has Testing authority (including any Athlete serving a period of Ineligibility) to provide a Sample at any time and at any place.

[Comment to Article 5.2.2: Unless the Athlete has identified a 60-minute time-slot for Testing between the hours of 11pm and 6am, or has otherwise consented to Testing during that period, WBSC will not test an Athlete during that period unless it has a serious and specific suspicion that the Athlete may be engaged in doping. A challenge to whether WBSC had sufficient suspicion for Testing in that period shall not be a defence to an anti-doping rule violation based on such test or attempted test.]
5.2.3 WADA shall have In-Competition and Out-of-Competition Testing authority as set out in Article 20.7.8 of the Code.

5.2.4 If WBSC delegates or contracts any part of Testing to a National Anti-Doping organisation (directly or through a National Federation), that National Anti-Doping organisation may collect additional Samples or direct the laboratory to perform additional types of analysis at the National Anti-Doping organisation’s expense. If additional Samples are collected or additional types of analysis are performed, WBSC shall be notified.

5.3 Event Testing

5.3.1 Except as provided in Article 5.3 of the Code, only a single organisation should be responsible for initiating and directing Testing at Event Venues during an Event Period. At International Events, the collection of Samples shall be initiated and directed by WBSC (or any other international organisation which is the ruling body for the Event). At the request of WBSC (or any other international organisation which is the ruling body for an Event), any Testing during the Event Period outside of the Event Venues shall be coordinated with WBSC (or the relevant ruling body of the Event).

5.3.2 If an Anti-Doping organisation which would otherwise have Testing authority but is not responsible for initiating and directing Testing at an Event desires to conduct Testing of Athletes at the Event Venues during the Event Period, the Anti-Doping organisation shall first confer with WBSC (or any other international organisation which is the ruling body of the Event) to obtain permission to conduct and coordinate such Testing. If the Anti-Doping organisation is not satisfied with the response from WBSC (or any other international organisation which is the ruling body of the Event), the Anti-Doping organisation may ask WADA for permission to conduct Testing and to determine how to coordinate such Testing, in accordance with the procedures set out in the International Standard for Testing and Investigations. WADA shall not grant approval for such Testing before consulting with and informing WBSC (or any other international organisation which is the ruling body for the Event). WADA’s decision shall be final and not subject to appeal. Unless otherwise provided in the authorisation to conduct Testing, such tests shall be considered Out-of-Competition tests. Results management for any such test shall be the responsibility of the Anti-Doping organisation initiating the test unless provided otherwise in the rules of the ruling body of the Event.

5.3.3 Every organiser of WBSC’s International Competitions or Events, (the list of those Competitions or Events will be published each year on the WBSC’s website) must plan for Doping Controls to take place and must ensure that, during the Event, the necessary facilities, Sample collection materials and Doping Control personnel are available, and the Testing procedures are correctly applied in accordance with the International Standard for Testing and Investigation and conducted by qualified persons so authorised.

5.3.4 At WBSC International Competitions or Events, where WBSC is the ruling body, the WBSC Anti-Doping Administrator or its delegate shall be responsible for co-ordinating all Testing, in accordance with Article 5.3 of the Code.

5.3.5 The overall costs of Testing and Sample analysis is the responsibility of the organising committee and/or the National Federation of the country in which the Competition or Event is taking place. WBSC may at its own discretion decide to take responsibility for those costs.

5.4 Test Distribution Planning

Consistent with the International Standard for Testing and Investigations, and in coordination with other Anti-Doping organisations conducting Testing on the same Athletes, WBSC shall develop and implement an effective, intelligent and proportionate test distribution plan that prioritises appropriately between disciplines, categories of Athletes, types of Testing, types of Samples collected, and types of Sample analysis, all in compliance with the requirements of the International Standard for Testing and Investigations. WBSC shall provide WADA upon request with a copy of its current test distribution plan.
WBSC shall ensure that Athlete Support Personnel and/or any other Person with a conflict of interest are not involved in test distribution plan for their Athletes or in the process of selection of Athletes for Testing.

5.5 Coordination of Testing

Where reasonably feasible, Testing shall be coordinated through ADAMS or another system approved by WADA in order to maximise the effectiveness of the combined Testing effort and to avoid unnecessary repetitive Testing.

5.6 Athlete Whereabouts Information

5.6.1 WBSC may identify a Registered Testing Pool of those Athletes who are required to comply with the whereabouts requirements of Annex I to the International Standard for Testing and Investigations, and shall make available through ADAMS, a list which identifies those Athletes included in its Registered Testing Pool either by name or by clearly defined, specific criteria. WBSC shall coordinate with National Anti-Doping organisations the identification of such Athletes and the collection of their whereabouts information. WBSC shall review and update as necessary its criteria for including Athletes in its Registered Testing Pool, and shall revise the membership of its Registered Testing Pool from time to time as appropriate in accordance with the set criteria. Athletes shall be notified before they are included in a Registered Testing Pool and when they are removed from that pool. Each Athlete in the Registered Testing Pool shall do the following, in each case in accordance with Annex I to the International Standard for Testing and Investigations: (a) advise WBSC of his/her whereabouts on a quarterly basis; (b) update that information as necessary so that it remains accurate and complete at all times; and (c) make him/herself available for Testing at such whereabouts.

5.6.2 For purposes of Article 2.4, an Athlete’s failure to comply with the requirements of the International Standard for Testing and Investigations shall be deemed a filing failure or a missed test (as defined in the International Standard for Testing and Investigations) where the conditions set forth in the International Standard for Testing and Investigations for declaring a filing failure or missed test are met.

5.6.3 An Athlete in WBSC’s Registered Testing Pool shall continue to be subject to the obligation to comply with the whereabouts requirements of Annex I to the International Standard for Testing and Investigations unless and until (a) the Athlete gives written notice to WBSC that he/she has retired or (b) WBSC has informed him or her that he/she no longer satisfies the criteria for inclusion in WBSC’s Registered Testing Pool.

5.6.4 Whereabouts information relating to an Athlete shall be shared (through ADAMS) with WADA and other Anti-Doping organisations having authority to test that Athlete, shall be maintained in strict confidence at all times, shall be used exclusively for the purposes set out in Article 5.6 of the Code, and shall be destroyed in accordance with the International Standard for the Protection of Privacy and Personal Information once it is no longer relevant for these purposes.

5.6.5 Each National Federation shall use its best efforts to ensure that Athletes in the WBSC’s Registered Testing Pool submit whereabouts information as required. However, the ultimate responsibility for providing whereabouts information rests with each Athlete. Every National Federation shall report to WBSC the relevant contact details (names, postal and email addresses etc.) of all Athletes identified to be part of the Registered Testing Pool established by WBSC.

5.6.6. Testing Pool of Athletes/National Teams

WBSC may identify a Testing Pool of those Athletes/National Teams who are required to comply with the WBSC whereabouts requirements.

Athletes/National Teams shall be notified before they are included in the Testing Pool and when they are removed from that pool. Each Athlete/National Team in the Testing Pool shall provide to WBSC at least the following information:
a) An up-to-date mailing and e-mail address,
b) Training whereabouts (including usual training venue/s addresses and usual timing of the training) and
c) All national team activities (including training, camps and matches with accurate schedules and addresses)

The Athletes/National Teams included in the Testing Pool shall provide the information on a regular basis, by the relevant deadline communicated by the WBSC. The collecting of whereabouts shall be coordinated with the National Federation and the National Anti-Doping Organisation and the WBSC may delegate the responsibility to collect Testing Pool Athlete Whereabouts Information to its National Federations.
Every National Federation shall report to WBSC the relevant contact details (names, postal and email addresses etc.) of all Athletes identified to be part of the Testing Pool established by WBSC.
More information about WBSC Testing Pools and the current whereabouts requirements can be found on the WBSC website.

5.7 Selection of Athletes to be tested

5.7.1 At its International Competitions or Events, WBSC shall determine the number of finishing tests, random tests and target tests to be performed.

5.7.2 In order to ensure that Testing is conducted on a No Advance Notice Testing basis, the Athlete selection decisions shall only disclosed in advance of Testing to those who need to know in order for such Testing to be conducted.

5.8 In Competition Testing

5.8.1 Upon selection of an Athlete for Doping Control during a Competition, the following procedures shall be followed.

5.8.2 The official responsible for notifying the Athlete for Doping Control (whether the Doping Control Officer (DCO) or Chaperone) shall write the name of the Athlete on the official notification form and present it to the Athlete, as discreetly as possible, immediately after the Athlete has completed his Competition. The Athlete shall sign to confirm receipt of the notification and retain a copy. The time of signing shall be recorded on the form. The Athlete must stay in view of the Chaperone until reporting to the Doping Control Station.

5.8.3 If an Athlete refuses to sign the notification form, the Chaperone shall immediately report this to the Doping Control Officer who shall make every effort to inform the Athlete of his obligation to undergo Doping Control and the consequences of his not submitting himself to the control. If the Athlete fails or refuses to sign this notice or fails to report to the Doping Control Station as required, the Athlete shall be deemed to have refused to submit to Doping Control for the purpose of Articles 2.3 and 10.3.1 of these rules. Even if the Athlete indicates reluctance to report to the Doping Control Station, the Chaperone shall keep the Athlete in view until there is no question that the Athlete has refused to submit to Doping Control.

5.8.4 The Athlete is required to report immediately to the Doping Control Station, unless there is a valid reason for a delay, as determined in accordance with Article 5.8.8.

5.8.5 The Athlete shall be entitled to be accompanied to the Doping Control Station by (i) a Competition-accredited representative from his National Federation, and (ii) an interpreter if required.

5.8.6 Minor Athletes shall be entitled to be accompanied by a representative, but the representative cannot directly observe the passing of the urine Sample unless requested to do so by the Minor.

5.8.7 The Athlete must show a valid identification document at the Doping Control Station. The Athlete’s time of arrival at the Doping Control Station shall be recorded on the doping control form.

5.8.8 The Athlete has the right to ask the DCO or Chaperone for permission to delay reporting to the Doping Control Station and/or to leave the Doping Control Station temporarily after arrival, but the request may be granted only if the Athlete can be continuously chaperoned and kept under direct observation during the delay, and if the request relates to the following activities:
a) Participation in a presentation ceremony;
b) Fulfilment of media commitments;
c) Competing in further Competitions;
d) Performing a warm down;
e) Obtaining necessary medical treatment;
f) Locating a representative and/or interpreter;
g) Obtaining photo identification; or
h) Any other reasonable circumstances as determined by the DCO, taking into account any instructions of WBSC or other Testing Authority with jurisdiction at an Event.

5.8.9 Only the following Persons may be present in the Doping Control Station:
a) The Doping Control Officer/s and the Chaperone/s.
b) Staff assigned to the station
c) Authorised interpreters
d) The Athletes selected for Doping Control and their representative
e) The WADA’s Independent Observer

The news media shall not be admitted to the Doping Control Station.
The doors of the station must not be left open.
No photography or filming shall be permitted in the Doping Control Station during the hours of operation.

Out-of-Competition Testing

5.8.10 Out-Of-Competition Testing may be conducted by WBSC, WADA or a National Anti-Doping organisation (or agencies appointed by them) at any time or location in any member country. This Testing shall be carried out without any advance notice to the Athlete or his National Federation. Every Athlete affiliated with a National Federation is obliged to undergo Out-of-Competition Testing as decided by the WBSC, WADA or the National Anti-Doping organisation.

5.9 Procedures

5.9.1 The Testing procedure shall be in conformity with the requirements of the International Standard for Testing and Investigations. The article below provides information on procedure for the collection of Samples under the jurisdiction of WBSC at WBSC Competitions and Event and also for Out-of-Competition Testing. In the event of any conflict with the International Standard for Testing and Investigations, the International Standard for Testing and Investigations shall prevail.

5.9.2 Each Athlete asked to provide a Sample shall also provide information on an official Doping Control Form. The Athlete’s name, post and email addresses, his country, telephone numbers, the code number of the Sample and the event identification will be entered into the form. The Athlete shall declare any medication and nutritional supplements that he/she has used in the preceding seven (7) days. The form shall also provide the names of the people present at the Doping Control Station involved with the obtaining of the Sample, including the Doping Control Officer (DCO) in charge of the station. Any irregularities must be registered on the form. The form shall include at least four copies for distribution as follows:
a) a copy to be retained by the DCO for forwarding to the WBSC Office by the day after the Competition;
b) a copy to be given to the Athlete;
c) a special copy to be sent to the Laboratory which is to conduct the analysis – this laboratory copy must be so designed that it does not contain any information which could identify the Athlete who provided the Sample;
d) an extra copy, for distribution as the WBSC deems appropriate and in accordance with the International Standard for Protection of Privacy and Personal Information.

5.9.3 The Athlete shall select a sealed collection vessel from a number of such vessels, visually check that it is empty and clean, and proceed to provide the required amount of urine established in the International Standard for Testing and Investigation under the direct supervision of, and within the view of, the DCO or appropriate official (Chaperone/s) who shall be of the same gender as the Athlete.
Sample Collection Equipment systems shall, at a minimum, meet the following criteria.
They shall:
a) Have a unique numbering system incorporated into all bottles, containers, tubes or other items used to seal the Sample;
b) Have a sealing system that is tamper-evident;
c) Ensure the identity of the Athlete is not evident from the equipment itself; and
d) Ensure that all equipment is clean and sealed prior to use by the Athlete.
To ensure authenticity of the Sample, the DCO and/or Chaperone will require such disrobing as is necessary to confirm the urine is produced by the Athlete. No one other than the Athlete and the person Authorised by these rules shall be present when the urine Sample is collected. Blood Testing may be performed prior to, after or instead of a urine Sample.

5.9.4 The Athlete shall remain in the Doping Control Station until he or she has fulfilled the duty to pass an adequate quantity of urine. If the Athlete is unable to provide the required amount, the urine which is collected shall be sealed in a container and the seal shall be broken when the Athlete is ready to provide more urine. The Athlete may be required to retain custody of the sealed container while waiting to provide more urine.

5.9.5 When the Athlete has provided the required volume of urine, he or she shall select from a number of such kits a sealed urine control kit, containing two containers for Samples A and B. The Athlete shall check to be sure the containers are empty and clean.

5.9.6 The Athlete, or his representative, shall pour approximately two-thirds of the urine from the collection vessel into the A bottle and one-third into the B bottle which are then sealed as provided for in the International Standard for Testing and Investigations. Having closed both bottles the Athlete shall check that no leakage can occur. The DCO may, with permission of the Athlete, assist the Athlete with the procedures in this article. The Athlete must also verify at each step in the Doping Control procedure that each bottle has the same code and that this is the same code as entered on the Doping Control Form.

5.9.7 The DCO should continue to collect additional Samples until the requirement for Suitable Specific Gravity for Analysis is met, or until the DCO determines that there are exceptional circumstances which mean that for logistical reasons it is impossible to continue with the Sample Collection Session. Such exceptional circumstances shall be documented accordingly by the DCO.

5.9.8 The Athlete shall certify, by signing the Doping Control Form (see art. 5.10.2), that the entire process has been performed in compliance with the procedures outlined above. The Athlete shall also record any irregularities or procedural deviations he/she identifies. Any irregularities or procedural deviations identified by the Athlete’s accredited representative (if present), the DCO, or station staff shall be recorded on the form. The form will also be signed by the Athlete’s accredited representative (if present).

5.9.9 The accumulation of Samples may take place over time before dispatch to the laboratory. During this time, the Samples must be kept secure. If there is prolonged delay in dispatching the Samples to the laboratory, storage in a cool, secure place is necessary to ensure no possible deterioration could occur. The DCO should detail and documenting the location where Samples are stored and who has custody of the Samples and/or is permitted access to the Samples.

5.9.10 At WBSC International Events, the National Federation and/or the Organising Committee must ensure that a Doping Control Station reasonably separated from public activities with the following minimum requirements is set up for the event:
– one (1) private room (“Doping Control Station”) exclusively dedicated for use by the DCO and doping control personnel with one (1) table, two (2) chairs, pens and paper, and one (1) lockable refrigerator; and
– a waiting room/area with a suitable number of chairs as well as an appropriate amount of individually sealed, non-caffeinated and non-alcoholic beverages, which includes a mix of natural mineral water and soft drinks; and
– one (1) private, clean and equipped bathroom/toilet, adjacent or as near as possible to the Doping Control Station and waiting area.

5.9.11 The National Federation and/or the Organising Committee must also ensure that at least one (1) staff member is designated who is able to act as point-of-contact and support for the Doping Control Officer/s (DCOs) and the Chaperone/s during the Doping Control mission, with the contact name and details of this staff member to be communicated to the WBSC Anti-Doping Administrator or its delegate at least four (4) weeks prior to the starting date of the Event.
Prior to the Event, the WBSC Anti-Doping administrator and/or its delegate may communicate to the National Federation and/or the Organising Committee a specific number of Chaperones. The National Federation and/or Organising Committee shall accordingly be required to provide the number of Chaperones so requested.

5.10 Additional Procedures related to the collection of Samples while Out-Of-Competition.

5.10.1 When an Athlete has been selected for No Advance Notice Testing, the DCO will arrive unannounced at the Athlete’s training camp, accommodation or any other place where the Athlete may be found. The DCO shall show proof of identity and provide a copy of his letter of authority. The DCO shall also require proof of identity of the Athlete. The actual collection of the Sample shall be in accordance with the International Standard for Testing and Investigation.

5.10.2 As the DCO’s arrival is with No Advance Notice, he should give the Athlete reasonable time to complete any reasonable activity in which he is engaged under the observation of the DCO, but Testing should commence as soon as possible.

5.10.3 Each Athlete selected for Out-of-Competition Testing shall complete a Doping Control Form similar to the form described in article 5.10.1.

5.10.4 If the Athlete refuses to provide a urine Sample, the DCO shall note this on the Doping Control Form, sign his name on the form and ask the Athlete to sign the form. The DCO shall also note any other irregularities in the Doping Control process.

5.10.5 The nature of Out-of-Competition Doping Control requires that no prior warning is given to the Athlete. Every effort will be made by the DCO to collect the Sample speedily and efficiently with the minimum of interruption to the Athlete’s training, social or work arrangements. If there is an interruption, however, no Athlete may take action to gain compensation for any inconvenience or other loss incurred. Furthermore, any interruption for Testing shall not be a defence to an anti-doping rule violation based on such test or attempted test.

In the event that there is any conflict between this Article and the provisions of the International Standard for Testing and Investigations, the International Standard for Testing and Investigations, the International Standard for Testing and Investigations shall prevail.

5.11 Retired Athletes Returning to Competition

5.11.1 An Athlete in WBSC’s Registered Testing Pool who has given notice of retirement to WBSC may not resume competing in International Events or National Events until he/she has given WBSC written notice of his/her intent to resume competing and has made him/herself available for Testing for a period of six months before returning to Competition, including (if requested) complying with the whereabouts requirements of Annex I to the International Standard for Testing and Investigations. WADA, in consultation with WBSC and the Athlete’s National Anti-Doping organisation, may grant an exemption to the six-month written notice rule where the strict application of that rule would be manifestly unfair to an Athlete. This decision may be appealed under Article 13. Any competitive results obtained in violation of this Article 5.7.1 shall be Disqualified.

5.11.2 If an Athlete retires from sport while subject to a period of Ineligibility, the Athlete shall not resume competing in International Events or National Events until the Athlete has given six months prior written notice (or notice equivalent to the period of Ineligibility remaining as of the date the Athlete retired, if that period was longer than six months) to WBSC and to his/her National Anti-Doping organisation of his/her intent to resume competing and has made him/herself available for Testing for that notice period, including (if requested) complying with the whereabouts requirements of Annex I to the International Standard for Testing and Investigations.

5.11.3 An Athlete who is not in WBSC’s Registered Testing Pool who has given notice of retirement to WBSC may not resume competing unless he/she notifies WBSC and his/her National Anti-Doping organisation at least six months before he/she wishes to return to Competition and makes him/herself available for unannounced Out-of-Competition Testing, including (if requested) complying with the whereabouts requirements of Annex I to the International Standard for Testing and Investigations, during the period before actual return to Competition.

5.11.4 In the case of an Athlete that resumes competing without respecting the six-month written notice, WBSC may sanction the Athlete under WBSC’s disciplinary rules/code of conduct. Notwithstanding the aforementioned, an Athlete who has retired from sport while subject to a period of Ineligibility but who resumes competing without respecting Article 5.11.2 of these Rules shall also be subject to the Consequences as described in Article 10.12 of these Rules.

5.12 Independent Observer Program

WBSC and the Organising committees for WBSC’s Events, as well as the National Federations and the Organising committees for National Events, shall authorise and facilitate the Independent Observer Program at such Events.

ARTICLE 6 ANALYSIS OF SAMPLES

Samples shall be analysed in accordance with the following principles:

6.1 Use of Accredited and Approved Laboratories

For purposes of Article 2.1, Samples shall be analysed only in laboratories accredited or otherwise approved by WADA. The choice of the WADA-accredited or WADA-approved laboratory used for the Sample analysis shall be determined exclusively by WBSC.

[Comment to Article 6.1: Violations of Article 2.1 may be established only by Sample analysis performed by a laboratory accredited or otherwise approved by WADA. Violations of other Articles may be established using analytical results from other laboratories so long as the results are reliable.]

6.2 Purpose of Analysis of Samples

6.2.1 Samples shall be analysed to detect Prohibited Substances and Prohibited Methods and other substances as may be directed by WADA pursuant to the Monitoring Program described in Article 4.5 of the Code; or to assist WBSC in profiling relevant parameters in an Athlete’s urine, blood or other matrix, including DNA or genomic profiling; or for any other legitimate anti-doping purpose. Samples may be collected and stored for future analysis.

[Comment to Article 6.2.1: For example, relevant profile information could be used to direct Target Testing or to support an anti-doping rule violation proceeding under Article 2.2, or both.]

6.2.2 WBSC shall ask laboratories to analyse Samples in conformity with Article 6.4 of the Code and Article 4.7 of the International Standard for Testing and Investigations.

6.3 Research on Samples

No Sample may be used for research without the Athlete’s written consent. Samples used for purposes other than Article 6.2 shall have any means of identification removed such that they cannot be traced back to a particular Athlete.

6.4 Standards for Sample Analysis and Reporting

Laboratories shall analyse Samples and report results in conformity with the International Standard for Laboratories. To ensure effective Testing, the Technical Document referenced at Article 5.4.1 of the Code will establish risk assessment-based Sample analysis menus appropriate for particular sports and sport disciplines, and laboratories shall analyse Samples in conformity with those menus, except as follows:

6.4.1 WBSC may request that laboratories analyse its Samples using more extensive menus than those described in the Technical Document.

6.4.2 WBSC may request that laboratories analyse its Samples using less extensive menus than those described in the Technical Document only if it has satisfied WADA that, because of the particular circumstances of its sport, as set out in its test distribution plan, less extensive analysis would be appropriate.

6.4.3 As provided in the International Standard for Laboratories, laboratories at their own initiative and expense may analyse Samples for Prohibited Substances or Prohibited Methods not included on the Sample analysis menu described in the Technical Document or specified by the Testing authority. Results from any such analysis shall be reported and have the same validity and consequence as any other analytical result.

[Comment to Article 6.4: The objective of this Article is to extend the principle of “intelligent Testing” to the Sample analysis menu so as to most effectively and efficiently detect doping. It is recognised that the resources available to fight doping are limited and that increasing the Sample analysis menu may, in some sports and countries, reduce the number of Samples which can be analysed.]

6.5 Further Analysis of Samples

Any Sample may be stored and subsequently subjected to further analysis for the purposes set out in Article 6.2: (a) by WADA at any time; and/or (b) by WBSC at any time before both the A and B Sample analytical results (or A Sample result where B Sample analysis has been waived or will not be performed) have been communicated by WBSC to the Athlete as the asserted basis for an Article 2.1 anti-doping rule violation. Such further analysis of Samples shall conform with the requirements of the International Standard for Laboratories and the International Standard for Testing and Investigations.

ARTICLE 7 RESULTS MANAGEMENT

7.1 Responsibility for Conducting Results Management

7.1.1 The circumstances in which WBSC shall take responsibility for conducting results management in respect of anti-doping rule violations involving Athletes and other Persons under its jurisdiction shall be determined by reference to and in accordance with Article 7 of the Code.

7.1.2 The WBSC Anti-Doping Administrator or its delegate will conduct the review discussed in Articles 7.2, 7.3, 7.4, 7.5 and 7.6. The review prescribed in Article 7.7 should be conducted by a Doping Review Panel consisting of a Chair (who may be the WBSC Anti-Doping Administrator or its delegate) and at least 2 other members with experience in anti-doping.

7.2 Review of Adverse Analytical Findings From Tests Initiated by WBSC

Results management in respect of the results of tests initiated by WBSC (including tests performed by WADA pursuant to agreement with WBSC) shall proceed as follows:

7.2.1 The results from all analyses must be sent to WBSC in encoded form, in a report signed by an Authorised representative of the laboratory. All communication must be conducted confidentially and in conformity with ADAMS.

7.2.2 Upon receipt of an Adverse Analytical Finding, WBSC Anti-Doping Administrator or its delegate shall conduct a review to determine whether: (a) an applicable TUE has been granted or will be granted as provided in the International Standard for Therapeutic Use Exemptions, or (b) there is any apparent departure from the International Standard for Testing and Investigations or International Standard for Laboratories that caused the Adverse Analytical Finding.

7.2.3 If the review of an Adverse Analytical Finding under Article 7.2.2 reveals an applicable TUE or departure from the International Standard for Testing and Investigations or the International Standard for Laboratories that caused the Adverse Analytical Finding, the entire test shall be considered negative and the Athlete, the Athlete’s National Anti-Doping organisation and WADA shall be so informed.

7.3 Notification After Review Regarding Adverse Analytical Findings

7.3.1 If the review of an Adverse Analytical Finding under Article 7.2.2 does not reveal an applicable TUE or entitlement to a TUE as provided in the International Standard for Therapeutic Use Exemptions, or departure from the International Standard for Testing and Investigations or the International Standard for Laboratories that caused the Adverse Analytical Finding, WBSC Anti-Doping Administrator or its delegate shall promptly notify the Athlete, and simultaneously the Athlete’s National Anti-Doping organisation and WADA, in the manner set out in Article 14.1, of: (a) the Adverse Analytical Finding; (b) the anti-doping rule violated; (c) the Athlete’s right to promptly request the analysis of the B Sample or, failing such request, that the B Sample analysis may be deemed waived; (d) the scheduled date, time and place for the B Sample analysis if the Athlete or WBSC chooses to request an analysis of the B Sample; (e) the opportunity for the Athlete and/or the Athlete’s representative to attend the B Sample opening and analysis in accordance with the International Standard for Laboratories if such analysis is requested; (f) the Athlete’s right to request copies of the A and B Sample laboratory documentation package which includes information as required by the International Standard for Laboratories;(g) the Athlete’s right to request a hearing or, failing such request within the deadline specified in the notification, that the hearing may be deemed waived; (h) the opportunity for the Athlete to provide written explanation about the overall circumstances of the case or to dispute (within a specific deadline indicated in the notification) the WBSC assertion that an anti-doping rule violation has occurred (i) the imposition of a mandatory Provisional Suspension (in case described in article 7.9.1) (j) the imposition of the optional Provisional Suspension in cases where WBSC decides to impose it in accordance with Article 7.9.2 (k) the opportunity to accept voluntarily a Provisional Suspension pending the resolution of the matter, in all cases where a Provisional Suspension has not been imposed (l) the Athlete’s opportunity to promptly admit the anti-doping rule violation and consequently request the reduction in the period of Ineligibility as described in Article 10.6.3 (m) the Athlete’s opportunity to cooperate and provide Substantial Assistance in discovering or establishing Anti-Doping Rule Violations as described in Article 10.6.1. If WBSC decides not to bring forward the Adverse Analytical Finding as an anti-doping rule violation, it shall so notify the Athlete, the Athlete’s National Anti-Doping organisation and WADA.

7.3.2 Where requested by the Athlete or WBSC Anti-Doping Administrator or its delegate, arrangements shall be made to analyse the B Sample in accordance with the International Standard for Laboratories. An Athlete may accept the A Sample analytical results by waiving the requirement for B Sample analysis. WBSC may nonetheless elect to proceed with the B Sample analysis.

7.3.3 The Athlete and/or his representative shall be allowed to be present at the analysis of the B Sample. Also, a representative of WBSC as well as a representative of the Athlete’s National Federation shall be allowed to be present.

7.3.4 If the B Sample analysis does not confirm the A Sample analysis, then (unless WBSC takes the case forward as an anti-doping rule violation under Article 2.2) the entire test shall be considered negative and the Athlete, the Athlete’s National Anti-Doping organisation and WADA shall be so informed.

7.3.5 If the B Sample analysis confirms the A Sample analysis, the findings shall be reported to the Athlete, the Athlete’s National Anti-Doping organisation and to WADA.

7.4 Review of Atypical Findings

7.4.1 As provided in the International Standard for Laboratories, in some circumstances laboratories are directed to report the presence of Prohibited Substances, which may also be produced endogenously, as Atypical Findings, i.e., as findings that are subject to further investigation.

7.4.2 Upon receipt of an Atypical Finding, WBSC Anti-Doping Administrator or its delegate shall conduct a review to determine whether: (a) an applicable TUE has been granted or will be granted as provided in the International Standard for Therapeutic Use Exemptions, or (b) there is any apparent departure from the International Standard for Testing and Investigations or International Standard for Laboratories that caused the Atypical Finding.

7.4.3 If the review of an Atypical Finding under Article 7.4.2 reveals an applicable TUE or a departure from the International Standard for Testing and Investigations or the International Standard for Laboratories that caused the Atypical Finding, the entire test shall be considered negative and the Athlete, the Athlete’s National Anti-Doping organisation and WADA shall be so informed.

7.4.4 If that review does not reveal an applicable TUE or a departure from the International Standard for Testing and Investigations or the International Standard for Laboratories that caused the Atypical Finding, WBSC Anti-Doping Administrator or its delegate shall conduct the required investigation or cause it to be conducted. After the investigation is completed, either the Atypical Finding will be brought forward as an Adverse Analytical Finding, in accordance with Article 7.3.1, or else the Athlete, the Athlete’s National Anti-Doping organisation and WADA shall be notified that the Atypical Finding will not be brought forward as an Adverse Analytical Finding.

7.4.5 WBSC Anti-Doping Administrator or its delegate will not provide notice of an Atypical Finding until it has completed its investigation and has decided whether it will bring the Atypical Finding forward as an Adverse Analytical Finding unless one of the following circumstances exists:

7.4.5.1 If WBSC Anti-Doping Administrator or its delegate determines the B Sample should be analysed prior to the conclusion of its investigation, it may conduct the B Sample analysis after notifying the Athlete, with such notice to include a description of the Atypical Finding and the information described in Article 7.3.1(d)-(f).

7.4.5.2 If WBSC is asked (a) by a Major Event organisation shortly before one of its International Events, or (b) by a sport organisation responsible for meeting an imminent deadline for selecting team members for an International Event, to disclose whether any Athlete identified on a list provided by the Major Event organisation or sport organisation has a pending Atypical Finding, WBSC shall so advise the Major Event organisation or sports organisation after first providing notice of the Atypical Finding to the Athlete.

7.5 Review of Atypical Passport Findings and Adverse Passport Findings

Review of Atypical Passport Findings and Adverse Passport Findings shall take place as provided in the International Standard for Testing and Investigations and International Standard for Laboratories. At such time as WBSC Anti-Doping Administrator or its delegate is satisfied that an anti-doping rule violation has occurred, it shall promptly give the Athlete (and simultaneously the Athlete’s National Anti-Doping organisation and WADA) notice of the anti-doping rule violation asserted and the basis of that assertion.

7.6 Review of Whereabouts Failures

The WBSC Anti-Doping Administrator or its delegate shall review potential filing failures and missed tests, as defined in the International Standard for Testing and Investigations, in respect of Athletes who file their whereabouts information with WBSC, in accordance with Annex I to the International Standard for Testing and Investigations. At such time as the WBSC Anti-Doping Administrator or its delegate is satisfied that an Article 2.4 anti-doping rule violation has occurred, it shall promptly give the Athlete (and simultaneously the Athlete’s National Anti-Doping organisation and WADA) notice that it is asserting a violation of Article 2.4 and the basis of that assertion.

7.7 Review of Other Anti-Doping Rule Violations Not Covered by Articles 7.2–7.6

The WBSC Doping Review Panel shall conduct any follow-up investigation required into a possible anti-doping rule violation not covered by Articles 7.2- 7.6. At such time as the WBSC Doping Review Panel is satisfied that an anti-doping rule violation has occurred, it shall promptly give the Athlete or other Person (and simultaneously the Athlete’s or other Person’s National Anti-Doping organisation and WADA) notice of the anti-doping rule violation asserted and the basis of that assertion.

7.8 Identification of Prior Anti-Doping Rule Violations

Before giving an Athlete or other Person notice of an asserted anti-doping rule violation as provided above, WBSC shall refer to ADAMS and contact WADA and other relevant Anti-Doping organisations to determine whether any prior anti-doping rule violation exists.

7.9 Provisional Suspensions

7.9.1 Mandatory Provisional Suspension: If analysis of an A Sample has resulted in an Adverse Analytical Finding for a Prohibited Substance that is not a Specified Substance, or for a Prohibited Method, and a review in accordance with Article 7.2.2 does not reveal an applicable TUE or departure from the International Standard for Testing and Investigations or the International Standard for Laboratories that caused the Adverse Analytical Finding, a Provisional Suspension shall be imposed upon or promptly after the notification described in Articles 7.2, 7.3 or 7.5.

7.9.2 Optional Provisional Suspension: In case of an Adverse Analytical Finding for a Specified Substance, or in the case of any other anti-doping rule violations not covered by Article 7.9.1, WBSC Anti-Doping Administrator or its delegate may impose a Provisional Suspension on the Athlete or other Person against whom the anti-doping rule violation is asserted at any time after the review and notification described in Articles 7.2–7.7 and prior to the final hearing as described in Article 8.

7.9.3 Where a Provisional Suspension is imposed pursuant to Article 7.9.1 or Article 7.9.2, the Athlete or other Person shall be given either: (a) an opportunity for a Provisional Hearing either before or on a timely basis after imposition of the Provisional Suspension, upon request by the Athlete or other Person; or (b) an opportunity for an expedited final hearing in accordance with Article 8 on a timely basis after imposition of the Provisional Suspension. Furthermore, the Athlete or other Person has a right to appeal from the Provisional Suspension in accordance with Article 13.2 (save as set out in Article 7.9.3.1).

7.9.3.1 The Provisional Suspension may be lifted if the Athlete demonstrates to the hearing panel that the violation is likely to have involved a Contaminated Product. A hearing panel’s decision not to lift a mandatory Provisional Suspension on account of the Athlete’s assertion regarding a Contaminated Product shall not be appealable.

7.9.3.2 The Provisional Suspension shall be imposed (or shall not be lifted) unless the Athlete or other Person establishes that: (a) the assertion of an anti-doping rule violation has no reasonable prospect of being upheld, e.g., because of a patent flaw in the case against the Athlete or other Person; or (b) the Athlete or other Person has a strong arguable case that he/she bears No Fault or Negligence for the anti-doping rule violation(s) asserted, so that any period of Ineligibility that might otherwise be imposed for such a violation is likely to be completely eliminated by application of Article 10.4; or (c) some other facts exist that make it clearly unfair, in all of the circumstances, to impose a Provisional Suspension prior to a final hearing in accordance with Article 8. This ground is to be construed narrowly, and applied only in truly exceptional circumstances. For example, the fact that the Provisional Suspension would prevent the Athlete or other Person participating in a particular Competition or Event shall not qualify as exceptional circumstances for these purposes.

7.9.4 If a Provisional Suspension is imposed based on an A Sample Adverse Analytical Finding and subsequent analysis of the B Sample does not confirm the A Sample analysis, then the Athlete shall not be subject to any further Provisional Suspension on account of a violation of Article 2.1. In circumstances where the Athlete (or the Athlete’s team) has been removed from a Competition based on a violation of Article 2.1 and the subsequent B Sample analysis does not confirm the A Sample finding, then if it is still possible for the Athlete or team to be reinserted, without otherwise affecting the Competition, the Athlete or team may continue to take part in the Competition. In addition, the Athlete or team may thereafter take part in other Competitions in the same Event.

7.9.5 In all cases where an Athlete or other Person has been notified of an anti-doping rule violation but a Provisional Suspension has not been imposed on him or her, the Athlete or other Person shall be offered the opportunity to accept a Provisional Suspension voluntarily pending the resolution of the matter.

[Comment to Article 7.9: Athletes and other Persons shall receive credit for a Provisional Suspension against any period of Ineligibility which is ultimately imposed. See Articles 10.11.3.1 and 10.11.3.2.]

7.10 Resolution Without a Hearing

7.10.1 Agreement between parties

At any time during the results management process the Athlete or other Person may agree with WBSC on the Consequences which are either mandated by the Code or which the WBSC Anti-Doping Administrator or its delegate considers appropriate where discretion as to Consequences exists under these Rules and the Code. The agreement shall state the full reasons for any period of Ineligibility agreed upon, including (if applicable) a justification for why the discretion as to Consequences was applied.

Such agreement shall be deemed to be a decision made under these Anti-Doping Rules within the meaning of Article 13. The decision will be reported to the parties with a right to appeal under Article 13.2.3 as
provided in Article 14.2.2 and shall be published in accordance with Article 14.3.2.

7.10.2 Waiver of hearing

An Athlete or other Person against whom an anti-doping rule violation is asserted may waive a hearing expressly.

Alternatively, if the Athlete or other Person against whom an anti-doping rule violation is asserted fails to request the hearing and/or to dispute that assertion within the deadline specified in the notice sent by the WBSC Anti-Doping Administrator or its delegate asserting the violation, then he/she shall be deemed to have waived a hearing.

7.10.3 Process in case of Athlete’s waiving of hearing

In cases where Article 7.10.2 applies, a hearing before a hearing panel shall not be required. Instead WBSC’s Doping Administrator or its delegate will refer the case to the WBSC Doping Hearing Panel for adjudication, transmitting all the available documents of the case.
The WBSC’s Doping Hearing Panel is composed of at least three members (one Chair and two members) nominated by WBSC.
The WBSC’s Doping Hearing Panel shall promptly issue a written decision (in accordance with art 8.2) about the commission of the anti-doping rule violation and the Consequences imposed as a result, and setting out the full reasons for any period of Ineligibility imposed, including (if applicable) a justification for why the maximum potential period of Ineligibility was not imposed. The WBSC shall send copies of that decision to other Anti-Doping organisations with a right to appeal under Article 13.2.3, and shall Publicly Disclose that decision in accordance with Article 14.3.2.

7.11 Notification of Results Management Decisions

In all cases where WBSC has asserted the commission of an anti-doping rule violation, withdrawn the assertion of an anti-doping rule violation, imposed a Provisional Suspension, or agreed with an Athlete or other Person on the imposition of Consequences without a hearing, WBSC shall give notice thereof in accordance with Article 14.2.1 to other Anti-Doping organisations with a right to appeal under Article 13.2.3.

7.12 Retirement from Sport

If an Athlete or other Person retires while WBSC is conducting the results management process, WBSC retains jurisdiction to complete its results management process. If an Athlete or other Person retires before any results management process has begun, and WBSC would have had results management authority over the Athlete or other Person at the time the Athlete or other Person committed an anti-doping rule violation, WBSC has authority to conduct results management in respect of that anti-doping rule violation.

[Comment to Article 7.12: Conduct by an Athlete or other Person before the Athlete or other Person was subject to the jurisdiction of any Anti-Doping organisation would not constitute an anti-doping rule violation but could be a legitimate basis for denying the Athlete or other Person membership in a sports organisation.]

ARTICLE 8 RIGHT TO A FAIR HEARING

8.1 Principles for a Fair Hearing

8.1.1 When WBSC sends a notice to an Athlete or other Person asserting an anti-doping rule violation, and there is no agreement in accordance with Article 7.10.1 or the Athlete or other Person does not waive a hearing in accordance with Article 7.10.2, then the case shall be referred to the WBSC Doping Hearing Panel for hearing and adjudication.

8.1.2 Hearings shall be scheduled and completed within a reasonable time. Where a Provisional Suspension has been imposed or otherwise accepted by the Athlete or other Person the hearings should be expedited. In all cases, the hearing should be held within 6 months from the notification of the Athlete or other Person that an anti-doping rule violation is being asserted. Hearings held in connection with Events that are subject to these Anti-Doping Rules may be conducted by an expedited process where permitted by the hearing panel.

[Comment to Article 8.1.2: For example, a hearing could be expedited on the eve of a major Event where the resolution of the anti-doping rule violation is necessary to determine the Athlete’s eligibility to participate in the Event, or during an Event where the resolution of the case will affect the validity of the Athlete’s results or continued participation in the Event.]

8.1.3 The WBSC Doping Hearing Panel shall determine the procedure to be followed at the hearing.

The hearing process shall respect the following principles:

a) the right of each party to be represented by counsel (at the party’s own expenses) or to be accompanied by a Person chosen by each party;

b) the right to respond to the asserted anti-doping rule violation and make submissions with respect to the resulting Consequences;

c) the right of each party to present evidence, including the right to call and question witnesses; and,

d) the Athlete’s or other Person’s right to an interpreter at the hearing.

The WBSC’s Doping Hearing Panel shall have jurisdiction to determine which party shall bear the responsibility for the cost of the interpreter.

8.1.4 WADA and the National Federation of the Athlete or other Person may attend the hearing as observers. In any event, WBSC shall keep WADA fully apprised as to the status of pending cases and the result of all hearings.

8.1.5 The WBSC Doping Hearing Panel shall act in a fair and impartial manner towards all parties at all times.

8.2 Decisions

8.2.1 The WBSC Doping Hearing Panel shall issue a written decision within 30 days from the date of the end of the hearing or from the date the case has been referred to the panel when the hearing has been waived in accordance with Article 7.10.2. The decision shall include the full reasons for the decision and for any period of Ineligibility imposed, including (if applicable) a justification for why the greatest potential Consequences were not imposed.

The decision shall be written in English.
8.2.2 The decision may be appealed to the CAS as provided in Article 13. Copies of the decision shall be provided to the Athlete or other Person and to other Anti-Doping organisations with a right to appeal under Article 13.2.3.

8.2.3 If no appeal is brought against the decision, then (a) if the decision is that an anti-doping rule violation was committed, the decision shall be Publicly Disclosed as provided in Article 14.3.2; but (b) if the decision is that no anti-doping rule violation was committed, then the decision shall only be Publicly Disclosed with the consent of the Athlete or other Person who is the subject of the decision. WBSC shall use reasonable efforts to obtain such consent, and if consent is obtained, shall Publicly Disclose the decision in its entirety or in such redacted form as the Athlete or other Person may approve.
The principles contained at Article 14.3.6 shall be applied in cases involving a Minor.

8.3 Single Hearing Before CAS

Cases asserting anti-doping rule violations may be heard directly at CAS, with no requirement for a prior hearing, with the consent of the Athlete, WBSC, WADA, and any other Anti-Doping organisation that would have had a right to appeal a first instance hearing decision to CAS.

[Comment to Article 8.3: Where all of the parties identified in this Article are satisfied that their interests will be adequately protected in a single hearing, there is no need to incur the extra expense of two hearings. An Anti-Doping organisation that wants to participate in the CAS hearing as a party or as an observer may condition its approval of a single hearing on being granted that right.]

ARTICLE 9 AUTOMATIC DISQUALIFICATION OF INDIVIDUAL RESULTS

An anti-doping rule violation in Individual Sports in connection with an In-Competition test automatically leads to Disqualification of the result obtained in that Competition with all resulting Consequences, including forfeiture of any medals, points and prizes.

[Comment to Article 9: For Team Sports, any awards received by individual players will be Disqualified. However, Disqualification of the team will be as provided in Article 11. In sports which are not Team Sports but where awards are given to teams, Disqualification or other disciplinary action against the team when one or more team members have committed an anti-doping rule violation shall be as provided in the applicable rules of the International Federation.]

ARTICLE 10 SANCTIONS ON INDIVIDUALS

10.1 Disqualification of Results in the Event during which an Anti-Doping Rule Violation Occurs

An anti-doping rule violation occurring during or in connection with an Event may, upon the decision of the ruling body of the Event, lead to Disqualification of all of the Athlete’s individual results obtained in that Event with all Consequences, including forfeiture of all medals, points and prizes, except as provided in Article 10.1.1.

Factors to be included in considering whether to Disqualify other results in an Event might include, for example, the seriousness of the Athlete’s anti-doping rule violation and whether the Athlete tested negative in the other Competitions.

[Comment to Article 10.1: Whereas Article 9 Disqualifies the result in a single Competition in which the Athlete tested positive (e.g., the 100 meter backstroke), this Article may lead to Disqualification of all results in all races during the Event (e.g., the FINA World Championships).]

10.1.1 If the Athlete establishes that he or she bears No Fault or Negligence for the violation, the Athlete’s individual results in the other Competitions shall not be Disqualified, unless the Athlete’s results in Competitions other than the Competition in which the anti-doping rule violation occurred were likely to have been affected by the Athlete’s anti-doping rule violation.

10.2 Ineligibility for Presence, Use or Attempted Use, or Possession of a Prohibited Substance or Prohibited Method

The period of Ineligibility for a violation of Articles 2.1, 2.2 or 2.6 shall be as follows, subject to potential reduction or suspension pursuant to Articles 10.4, 10.5 or 10.6:

10.2.1 The period of Ineligibility shall be four years where:

10.2.1.1 The anti-doping rule violation does not involve a Specified Substance, unless the Athlete or other Person can establish that the anti-doping rule violation was not intentional.

10.2.1.2 The anti-doping rule violation involves a Specified Substance and WBSC can establish that the anti-doping rule violation was intentional.

10.2.2 If Article 10.2.1 does not apply, the period of Ineligibility shall be two years.

10.2.3 As used in Articles 10.2 and 10.3, the term “intentional” is meant to identify those Athletes who cheat. The term therefore requires that the Athlete or other Person engaged in conduct which he or she knew constituted an anti-doping rule violation or knew that there was a significant risk that the conduct might constitute or result in an anti-doping rule violation and manifestly disregarded that risk. An anti-doping rule violation resulting from an Adverse Analytical Finding for a substance which is only prohibited In-Competition shall be rebuttably presumed to be not intentional if the substance is a Specified Substance and the Athlete can establish that the Prohibited Substance was Used Out-of-Competition. An anti-doping rule violation resulting from an Adverse Analytical Finding for a substance which is only prohibited In-Competition shall not be considered intentional if the substance is not a Specified Substance and the Athlete can establish that the Prohibited Substance was Used Out-of-Competition in a context unrelated to sport performance.

10.3 Ineligibility for Other Anti-Doping Rule Violations

The period of Ineligibility for anti-doping rule violations other than as provided in Article 10.2 shall be as follows, unless Articles 10.5 or 10.6 are applicable:

10.3.1 For violations of Article 2.3 or Article 2.5, the period of Ineligibility shall be four years unless, in the case of failing to submit to Sample collection, the Athlete can establish that the commission of the anti-doping rule violation was not intentional (as defined in Article 10.2.3), in which case the period of Ineligibility shall be two years.

10.3.2 For violations of Article 2.4, the period of Ineligibility shall be two years, subject to reduction down to a minimum of one year, depending on the Athlete’s degree of Fault. The flexibility between two years and one year of Ineligibility in this Article is not available to Athletes where a pattern of last-minute whereabouts changes or other conduct raises a serious suspicion that the Athlete was trying to avoid being available for Testing.

10.3.3 For violations of Article 2.7 or 2.8, the period of Ineligibility shall be a minimum of four years up to lifetime Ineligibility, depending on the seriousness of the violation. An Article 2.7 or Article 2.8 violation involving a Minor shall be considered a particularly serious violation and, if committed by Athlete Support Personnel for violations other than for Specified Substances, shall result in lifetime Ineligibility for Athlete Support Personnel. In addition, significant violations of Article 2.7 or 2.8 which may also violate non-sporting laws and regulations, shall be reported to the competent administrative, professional or judicial authorities.

[Comment to Article 10.3.3: Those who are involved in doping Athletes or covering up doping should be subject to sanctions which are more severe than the Athletes who test positive. Since the authority of sport organisations is generally limited to Ineligibility for accreditation, membership and other sport benefits, reporting Athlete Support Personnel to competent authorities is an important step in the deterrence of doping.]

10.3.4 For violations of Article 2.9, the period of Ineligibility imposed shall be a minimum of two years, up to four years, depending on the seriousness of the violation.

10.3.5 For violations of Article 2.10, the period of Ineligibility shall be two years, subject to reduction down to a minimum of one year, depending on the Athlete or other Person’s degree of Fault and other circumstances of the case.

[Comment to Article 10.3.5: Where the “other Person” referenced in Article 2.10 is an entity and not an individual, that entity may be disciplined as provided in Article 12.]

10.4 Elimination of the Period of Ineligibility where there is No Fault or Negligence

If an Athlete or other Person establishes in an individual case that he or she bears No Fault or Negligence, then the otherwise applicable period of Ineligibility shall be eliminated.

[Comment to Article 10.4: This Article and Article 10.5.2 apply only to the imposition of sanctions; they are not applicable to the determination of whether an anti-doping rule violation has occurred. They will only apply in exceptional circumstances, for example where an Athlete could prove that, despite all due care, he or she was sabotaged by a competitor. Conversely, No Fault or Negligence would not apply in the following circumstances: (a) a positive test resulting from a mislabeled or contaminated vitamin or nutritional supplement (Athletes are responsible for what they ingest (Article 2.1.1) and have been warned against the possibility of supplement contamination); (b) the Administration of a Prohibited Substance by the Athlete’s personal physician or trainer without disclosure to the Athlete (Athletes are responsible for their choice of medical personnel and for advising medical personnel that they cannot be given any Prohibited Substance); and (c) sabotage of the Athlete’s food or drink by a spouse, coach or other Person within the Athlete’s circle of associates (Athletes are responsible for what they ingest and for the conduct of those Persons to whom they entrust access to their food and drink). However, depending on the unique facts of a particular case, any of the referenced illustrations could result in a reduced sanction under Article 10.5 based on No Significant Fault or Negligence.]

10.5 Reduction of the Period of Ineligibility based on No Significant Fault or Negligence

10.5.1 Reduction of Sanctions for Specified Substances or Contaminated Products for Violations of Article 2.1, 2.2 or 2.6.

10.5.1.1 Specified Substances

Where the anti-doping rule violation involves a Specified Substance, and the Athlete or other Person can establish No Significant Fault or Negligence, then the period of Ineligibility shall be, at a minimum, a reprimand and no period of Ineligibility, and at a maximum, two years of Ineligibility, depending on the Athlete’s or other Person’s degree of Fault.

10.5.1.2 Contaminated Products

In cases where the Athlete or other Person can establish No Significant Fault or Negligence and that the detected Prohibited Substance came from a Contaminated Product, then the period of Ineligibility shall be, at a minimum, a reprimand and no period of Ineligibility, and at a maximum, two years Ineligibility, depending on the Athlete’s or other Person’s degree of Fault.

[Comment to Article 10.5.1.2: In assessing that Athlete’s degree of Fault, it would, for example, be favorable for the Athlete if the Athlete had declared the product which was subsequently determined to be contaminated on his or her Doping Control form.]

10.5.2 Application of No Significant Fault or Negligence beyond the Application of Article 10.5.1

If an Athlete or other Person establishes in an individual case where Article 10.5.1 is not applicable that he or she bears No Significant Fault or Negligence, then, subject to further reduction or elimination as provided in Article 10.6, the otherwise applicable period of Ineligibility may be reduced based on the Athlete or other Person’s degree of Fault, but the reduced period of Ineligibility may not be less than one-half of the period of Ineligibility otherwise applicable. If the otherwise applicable period of Ineligibility is a lifetime, the reduced period under this Article may be no less than eight years.

[Comment to Article 10.5.2: Article 10.5.2 may be applied to any anti-doping rule violation except those Articles where intent is an element of the anti-doping rule violation (e.g., Article 2.5, 2.7, 2.8 or 2.9) or an element of a particular sanction (e.g., Article 10.2.1) or a range of Ineligibility is already provided in an Article based on the Athlete or other Person’s degree of Fault.]

10.6 Elimination, Reduction, or Suspension of Period of Ineligibility or other Consequences for Reasons Other than Fault

10.6.1 Substantial Assistance in Discovering or Establishing Anti-Doping Rule Violations

10.6.1.1 WBSC may, prior to a final appellate decision under Article 13 or the expiration of the time to appeal, suspend a part of the period of Ineligibility imposed in an individual case in which it has results management authority where the Athlete or other Person has provided Substantial Assistance to an Anti-Doping organisation, criminal authority or professional disciplinary body which results in: (i) the Anti-Doping organisation discovering or bringing forward an anti-doping rule violation by another Person, or (ii) which results in a criminal or disciplinary body discovering or bringing forward a criminal offense or the breach of professional rules committed by another Person and the information provided by the Person providing Substantial Assistance is made available to WBSC. After a final appellate decision under Article 13 or the expiration of time to appeal, WBSC may only suspend a part of the otherwise applicable period of Ineligibility with the approval of WADA. The extent to which the otherwise applicable period of Ineligibility may be suspended shall be based on the seriousness of the anti-doping rule violation committed by the Athlete or other Person and the significance of the Substantial Assistance provided by the Athlete or other Person to the effort to eliminate doping in sport. No more than three-quarters of the otherwise applicable period of Ineligibility may be suspended. If the otherwise applicable period of Ineligibility is a lifetime, the non-suspended period under this Article must be no less than eight years. If the Athlete or other Person fails to continue to cooperate and to provide the complete and credible Substantial Assistance upon which a suspension of the period of Ineligibility was based, WBSC shall reinstate the original period of Ineligibility. If WBSC decides to reinstate a suspended period of Ineligibility or decides not to reinstate a suspended period of Ineligibility, that decision may be appealed by any Person entitled to appeal under Article 13.

10.6.1.2 To further encourage Athletes and other Persons to provide Substantial Assistance to Anti-Doping organisations, at the request of WBSC or at the request of the Athlete or other Person who has (or has been asserted to have) committed an anti-doping rule violation, WADA may agree at any stage of the results management process, including after a final appellate decision under Article 13, to what it considers to be an appropriate suspension of the otherwise-applicable period of Ineligibility and other Consequences. In exceptional circumstances, WADA may agree to suspensions of the period of Ineligibility and other Consequences for Substantial Assistance greater than those otherwise provided in this Article, or even no period of Ineligibility, and/or no return of prize money or payment of fines or costs. WADA’s approval shall be subject to reinstatement of sanction, as otherwise provided in this Article. Notwithstanding Article 13, WADA’s decisions in the context of this Article may not be appealed by any other Anti-Doping organisation.

10.6.1.3 If WBSC suspends any part of an otherwise applicable sanction because of Substantial Assistance, then notice providing justification for the decision shall be provided to the other Anti-Doping organisations with a right to appeal under Article 13.2.3 as provided in Article 14.2. In unique circumstances where WADA determines that it would be in the best interest of anti-doping, WADA may authorise WBSC to enter into appropriate confidentiality agreements limiting or delaying the disclosure of the Substantial Assistance agreement or the nature of Substantial Assistance being provided.

[Comment to Article 10.6.1: The cooperation of Athletes, Athlete Support Personnel and other Persons who acknowledge their mistakes and are willing to bring other anti-doping rule violations to light is important to clean sport. This is the only circumstance under the Code where the suspension of an otherwise applicable period of Ineligibility is Authorised.]

10.6.2 Admission of an Anti-Doping Rule Violation in the Absence of Other Evidence

Where an Athlete or other Person voluntarily admits the commission of an anti-doping rule violation before having received notice of a Sample collection which could establish an anti-doping rule violation (or, in the case of an anti-doping rule violation other than Article 2.1, before receiving first notice of the admitted violation pursuant to Article 7) and that admission is the only reliable evidence of the violation at the time of admission, then the period of Ineligibility may be reduced, but not below one-half of the period of Ineligibility otherwise applicable.

[Comment to Article 10.6.2: This Article is intended to apply when an Athlete or other Person comes forward and admits to an anti-doping rule violation in circumstances where no Anti-Doping organisation is aware that an anti-doping rule violation might have been committed. It is not intended to apply to circumstances where the admission occurs after the Athlete or other Person believes he or she is about to be caught. The amount by which Ineligibility is reduced should be based on the likelihood that the Athlete or other Person would have been caught had he/she not come forward voluntarily.]

10.6.3 Prompt Admission of an Anti-Doping Rule Violation after being Confronted with a Violation Sanctionable under Article 10.2.1 or Article 10.3.1

An Athlete or other Person potentially subject to a four-year sanction under Article 10.2.1 or 10.3.1 (for evading or refusing Sample Collection or Tampering with Sample Collection), by promptly admitting the asserted anti-doping rule violation after being confronted by WBSC, and also upon the approval and at the discretion of both WADA and WBSC, may receive a reduction in the period of Ineligibility down to a minimum of two years, depending on the seriousness of the violation and the Athlete or other Person’s degree of Fault.

10.6.4 Application of Multiple Grounds for Reduction of a Sanction

Where an Athlete or other Person establishes entitlement to reduction in sanction under more than one provision of Article 10.4, 10.5 or 10.6, before applying any reduction or suspension under Article 10.6, the otherwise applicable period of Ineligibility shall be determined in accordance with Articles 10.2, 10.3, 10.4, and 10.5. If the Athlete or other Person establishes entitlement to a reduction or suspension of the period of Ineligibility under Article 10.6, then the period of Ineligibility may be reduced or suspended, but not below one-fourth of the otherwise applicable period of Ineligibility.

[Comment to Article 10.6.4: The appropriate sanction is determined in a sequence of four steps. First, the hearing panel determines which of the basic sanctions (Articles 10.2, 10.3, 10.4, or 10.5) apply to the particular anti-doping rule violation. Second, if the basic sanction provides for a range of sanctions, the hearing panel must determine the applicable sanction within that range according to the Athlete or other Person’s degree of Fault. In a third step, the hearing panel establishes whether there is a basis for elimination, suspension, or reduction of the sanction (Article 10.6). Finally, the hearing panel decides on the commencement of the period of Ineligibility under Article 10.11. Several examples of how Article 10 is to be applied are found in Appendix 2.]

10.7 Multiple Violations

10.7.1 For an Athlete or other Person’s second anti-doping rule violation, the period of Ineligibility shall be the greater of:

(a) six months;

(b) one-half of the period of Ineligibility imposed for the first anti-doping rule violation without taking into account any reduction under Article 10.6; or

(c) twice the period of Ineligibility otherwise applicable to the second anti-doping rule violation treated as if it were a first violation, without taking into account any reduction under Article 10.6.

The period of Ineligibility established above may then be further reduced by the application of Article 10.6.

10.7.2 A third anti-doping rule violation will always result in a lifetime period of Ineligibility, except if the third violation fulfils the condition for elimination or reduction of the period of Ineligibility under Article 10.4 or 10.5, or involves a violation of Article 2.4. In these particular cases, the period of Ineligibility shall be from eight years to lifetime Ineligibility.

10.7.3 An anti-doping rule violation for which an Athlete or other Person has established No Fault or Negligence shall not be considered a prior violation for purposes of this Article.

10.7.4 Additional Rules for Certain Potential Multiple Violations

10.7.4.1 For purposes of imposing sanctions under Article 10.7, an anti-doping rule violation will only be considered a second violation if WBSC can establish that the Athlete or other Person committed the second anti-doping rule violation after the Athlete or other Person received notice pursuant to Article 7, or after WBSC made reasonable efforts to give notice of the first anti-doping rule violation. If WBSC cannot establish this, the violations shall be considered together as one single first violation, and the sanction imposed shall be based on the violation that carries the more severe sanction.

10.7.4.2 If, after the imposition of a sanction for a first anti-doping rule violation, WBSC discovers facts involving an anti-doping rule violation by the Athlete or other Person which occurred prior to notification regarding the first violation, then WBSC shall impose an additional sanction based on the sanction that could have been imposed if the two violations had been adjudicated at the same time. Results in all Competitions dating back to the earlier anti-doping rule violation will be Disqualified as provided in Article 10.8.

10.7.5 Multiple Anti-Doping Rule Violations during Ten-Year Period

For purposes of Article 10.7, each anti-doping rule violation must take place within the same ten-year period in order to be considered multiple violations.

10.8 Disqualification of Results in Competitions Subsequent to Sample Collection or Commission of an Anti-Doping Rule Violation

In addition to the automatic Disqualification of the results in the Competition which produced the positive Sample under Article 9, all other competitive results of the Athlete obtained from the date a positive Sample was collected (whether In-Competition or Out-of-Competition), or other anti-doping rule violation occurred, through the commencement of any Provisional Suspension or Ineligibility period, shall, unless fairness requires otherwise, be Disqualified with all of the resulting Consequences including forfeiture of any medals, points and prizes.

[Comment to Article 10.8: Nothing in these Anti-Doping Rules precludes clean Athletes or other Persons who have been damaged by the actions of a Person who has committed an anti-doping rule violation from pursuing any right which they would otherwise have to seek damages from such Person.]

10.9 Allocation of CAS Cost Awards and Forfeited Prize Money

The priority for repayment of CAS cost awards and forfeited prize money shall be: first, payment of costs awarded by CAS; and second, reimbursement of the expenses of WBSC.

10.10 Financial Consequences

Where an Athlete or other Person commits an anti-doping rule violation, WBSC may, in its discretion and subject to the principle of proportionality, elect to a) recover from the Athlete or other Person costs associated with the anti-doping rule violation, regardless of the period of Ineligibility imposed and/or b) fine the Athlete or other Person in an amount up to $_10000_____ U.S. Dollars, only in cases where the maximum period of Ineligibility otherwise applicable has already been imposed.

The imposition of a financial sanction or the WBSC’s recovery of costs shall not be considered a basis for reducing the Ineligibility or other sanction which would otherwise be applicable under these Anti-Doping Rules or the Code.

10.11 Commencement of Ineligibility Period

Except as provided below, the period of Ineligibility shall start on the date of the final hearing decision providing for Ineligibility or, if the hearing is waived or there is no hearing, on the date Ineligibility is accepted or otherwise imposed.

10.11.1 Delays Not Attributable to the Athlete or other Person

Where there have been substantial delays in the hearing process or other aspects of Doping Control not attributable to the Athlete or other Person, WBSC may start the period of Ineligibility at an earlier date commencing as early as the date of Sample collection or the date on which another anti-doping rule violation last occurred. All competitive results achieved during the period of Ineligibility, including retroactive Ineligibility, shall be Disqualified.

[Comment to Article 10.11.1: In cases of anti-doping rule violations other than under Article 2.1, the time required for an Anti-Doping organisation to discover and develop facts sufficient to establish an anti-doping rule violation may be lengthy, particularly where the Athlete or other Person has taken affirmative action to avoid detection. In these circumstances, the flexibility provided in this Article to start the sanction at an earlier date should not be used.]

10.11.2 Timely Admission

Where the Athlete or other Person promptly (which, in all events, for an Athlete means before the Athlete competes again) admits the anti-doping rule violation after being confronted with the anti-doping rule violation by WBSC, the period of Ineligibility may start as early as the date of Sample collection or the date on which another anti-doping rule violation last occurred. In each case, however, where this Article is applied, the Athlete or other Person shall serve at least one-half of the period of Ineligibility going forward from the date the Athlete or other Person accepted the imposition of a sanction, the date of a hearing decision imposing a sanction, or the date the sanction is otherwise imposed. This Article shall not apply where the period of Ineligibility has already been reduced under Article 10.6.3.

10.11.3 Credit for Provisional Suspension or Period of Ineligibility Served

10.11.3.1 If a Provisional Suspension is imposed and respected by the Athlete or other Person, then the Athlete or other Person shall receive a credit for such period of Provisional Suspension against any period of Ineligibility which may ultimately be imposed. If a period of Ineligibility is served pursuant to a decision that is subsequently appealed, then the Athlete or other Person shall receive a credit for such period of Ineligibility served against any period of Ineligibility which may ultimately be imposed on appeal.

10.11.3.2 If an Athlete or other Person voluntarily accepts a Provisional Suspension in writing from WBSC and thereafter respects the Provisional Suspension, the Athlete or other Person shall receive a credit for such period of voluntary Provisional Suspension against any period of Ineligibility which may ultimately be imposed. A copy of the Athlete or other Person’s voluntary acceptance of a Provisional Suspension shall be provided promptly to each party entitled to receive notice of an asserted anti-doping rule violation under Article 14.1.

[Comment to Article 10.11.3.2: An Athlete’s voluntary acceptance of a Provisional Suspension is not an admission by the Athlete and shall not be used in any way as to draw an adverse inference against the Athlete.]

10.11.3.3 No credit against a period of Ineligibility shall be given for any time period before the effective date of the Provisional Suspension or voluntary Provisional Suspension regardless of whether the Athlete elected not to compete or was suspended by his or her team.

10.11.3.4 In Team Sports, where a period of Ineligibility is imposed upon a team, unless fairness requires otherwise, the period of Ineligibility shall start on the date of the final hearing decision providing for Ineligibility or, if the hearing is waived, on the date Ineligibility is accepted or otherwise imposed. Any period of team Provisional Suspension (whether imposed or voluntarily accepted) shall be credited against the total period of Ineligibility to be served.

[Comment to Article 10.11: Article 10.11 makes clear that delays not attributable to the Athlete, timely admission by the Athlete and Provisional Suspension are the only justifications for starting the period of Ineligibility earlier than the date of the final hearing decision.]

10.12 Status During Ineligibility

10.12.1 Prohibition Against Participation During Ineligibility

No Athlete or other Person who has been declared Ineligible may, during the period of Ineligibility, participate in any capacity in a Competition or activity (other than Authorised anti-doping education or rehabilitation programs) Authorised or organised by any Signatory, Signatory’s member organisation, or a club or other member organisation of a Signatory’s member organisation,, or in Competitions Authorised or organised by any professional league or any international or national level Event organisation or any elite or national-level sporting activity funded by a governmental agency.

An Athlete or other Person subject to a period of Ineligibility longer than four years may, after completing four years of the period of Ineligibility, participate as an Athlete in local sport events not sanctioned or otherwise under the jurisdiction of a Code Signatory or member of a Code Signatory, but only so long as the local sport event is not at a level that could otherwise qualify such Athlete or other Person directly or indirectly to compete in (or accumulate points toward) a national championship or International Event, and does not involve the Athlete or other Person working in any capacity with Minors.

An Athlete or other Person subject to a period of Ineligibility shall remain subject to Testing.

[Comment to Article 10.12.1: For example, subject to Article 10.12.2 below, an Ineligible Athlete cannot participate in a training camp, exhibition or practice organised by his or her National Federation or a club which is a member of that National Federation or which is funded by a governmental agency. Further, an Ineligible Athlete may not compete in a non-Signatory professional league (e.g., the National Hockey League, the National Basketball Association, etc.), Events organised by a non-Signatory International Event organisation or a non-Signatory national-level event organisation without triggering the Consequences set forth in Article 10.12.3. The term “activity” also includes, for example, administrative activities, such as serving as an official, director, officer, employee, or volunteer of the organisation described in this Article. Ineligibility imposed in one sport shall also be recognised by other sports (see Article 15.1, Mutual Recognition).]

10.12.2 Return to Training

As an exception to Article 10.12.1, an Athlete may return to train with a team or to use the facilities of a club or other member organisation of WBSC’s member organisation during the shorter of: (1) the last two months of the Athlete’s period of Ineligibility, or (2) the last one-quarter of the period of Ineligibility imposed.

[Comment to Article 10.12.2: In many Team Sports and some individual sports (e.g., ski jumping and gymnastics), an Athlete cannot effectively train on his/her own so as to be ready to compete at the end of the Athlete’s period of Ineligibility. During the training period described in this Article, an Ineligible Athlete may not compete or engage in any activity described in Article 10.12.1 other than training.]

10.12.3 Violation of the Prohibition of Participation During Ineligibility

Where an Athlete or other Person who has been declared Ineligible violates the prohibition against participation during Ineligibility described in Article 10.12.1, the results of such participation shall be Disqualified and a new period of Ineligibility equal in length up to the original period of Ineligibility shall be added to the end of the original period of Ineligibility. The new period of Ineligibility may be adjusted based on the Athlete or other Person’s degree of Fault and other circumstances of the case. The determination of whether an Athlete or other Person has violated the prohibition against participation, and whether an adjustment is appropriate, shall be made by the Anti-Doping organisation whose results management led to the imposition of the initial period of Ineligibility. This decision may be appealed under Article 13.

Where an Athlete Support Person or other Person assists a Person in violating the prohibition against participation during Ineligibility, WBSC shall impose sanctions for a violation of Article 2.9 for such assistance.

10.12.4 Withholding of Financial Support during Ineligibility

In addition, for any anti-doping rule violation not involving a reduced sanction as described in Article 10.4 or 10.5, some or all sport-related financial support or other sport-related benefits received by such Person will be withheld by WBSC and its National Federations.

10.13 Automatic Publication of Sanction

A mandatory part of each sanction shall include automatic publication, as provided in Article 14.3.

[Comment to Article 10: Harmonisation of sanctions has been one of the most discussed and debated areas of anti-doping. Harmonisation means that the same rules and criteria are applied to assess the unique facts of each case. Arguments against requiring Harmonisation of sanctions are based on differences between sports including, for example, the following: in some sports the Athletes are professionals making a sizeable income from the sport and in others the Athletes are true amateurs; in those sports where an Athlete’s career is short, a standard period of Ineligibility has a much more significant effect on the Athlete than in sports where careers are traditionally much longer. A primary argument in favor of Harmonisation is that it is simply not right that two Athletes from the same country who test positive for the same Prohibited Substance under similar circumstances should receive different sanctions only because they participate in different sports. In addition, flexibility in sanctioning has often been viewed as an unacceptable opportunity for some sporting organisations to be more lenient with dopers. The lack of Harmonisation of sanctions has also frequently been the source of jurisdictional conflicts between International Federations and National Anti-Doping organisations.]

ARTICLE 11 CONSEQUENCES TO TEAMS

11.1 Testing of Team Sports

Where more than one member of a team in a Team Sport has been notified of an anti-doping rule violation under Article 7 in connection with an Event, the ruling body for the Event shall conduct appropriate Target Testing of the team during the Event Period.

11.2 Consequences for Team Sports

If more than two members of a team in a Team Sport are found to have committed an anti-doping rule violation during an Event Period, the ruling body of the Event shall impose an appropriate sanction on the team (e.g., loss of points, Disqualification from a Competition or Event, or other sanction) in addition to any Consequences imposed upon the individual Athletes committing the anti-doping rule violation.

11.3 Event Ruling Body may Establish Stricter Consequences for Team Sports

The ruling body for an Event may elect to establish rules for the Event which impose Consequences for Team Sports stricter than those in Article 11.2 for purposes of the Event.

[Comment to Article 11.3: For example, the International Olympic Committee could establish rules which would require Disqualification of a team from the Olympic Games based on a lesser number of anti-doping rule violations during the period of the Games.]

ARTICLE 12 SANCTIONS AND COSTS ASSESSED AGAINST SPORTING BODIES

12.1 WBSC has the authority to withhold some or all funding or other non-financial support to National Federations that are not in compliance with these Anti-Doping Rules.

12.2 National Federations shall be obligated to reimburse WBSC for all costs (including but not limited to laboratory fees, hearing expenses and travel) related to a violation of these Anti-Doping Rules committed by an Athlete or other Person affiliated with that National Federation.

12.3 WBSC may elect to take additional disciplinary action against National Federations with respect to recognition, the eligibility of its officials and Athletes to participate in International Events and fines based on the following:

12.3.1 Four or more violations of these Anti-Doping Rules (other than violations involving Article 2.4) are committed by Athletes or other Persons affiliated with a National Federation within a 12-month period in testing conducted by WBSC or Anti-Doping organisations other than the National Federation or its National Anti-Doping organisation. In such event WBSC may in its discretion elect to: (a) ban all officials from that National Federation for participation in any WBSC activities for a period of up to two years and/or (b) fine the National Federation in an amount up to $_50000_____ U.S. Dollars. (For purposes of this Rule, any fine paid pursuant to Rule 12.3.2 shall be credited against any fine assessed.)

12.3.1.1 If four or more violations of these Anti-Doping Rules (other than violations involving Articles 2.4) are committed in addition to the violations described in Article 12.3.1 by Athletes or other Persons affiliated with a National Federation within a 12-month period in Testing conducted by WBSC or Anti-Doping organisations other than the National Federation or its National Anti-Doping organisation, then WBSC may suspend that National Federation’s membership for a period of up to 4 years.

12.3.2 More than one Athlete or other Person from a National Federation commits an Anti-Doping Rule violation during an International Event. In such event WBSC may fine that National Federation in an amount up to $_50000_____ U.S. Dollars.

12.3.3 A National Federation has failed to make diligent efforts to keep the IF informed about an Athlete’s whereabouts after receiving a request for that information from WBSC. In such event WBSC may fine the National Federation in an amount up to $ 50000_____ U.S. Dollars per Athlete in addition to all of the WBSC costs incurred in Testing that National Federation’s Athletes.

ARTICLE 13 APPEALS

13.1 Decisions Subject to Appeal

Decisions made under these Anti-Doping Rules may be appealed as set forth below in Article 13.2 through 13.7 or as otherwise provided in these Anti-Doping Rules, the Code or the International Standards. Such decisions shall remain in effect while under appeal unless the appellate body orders otherwise. Before an appeal is commenced, any post-decision review provided in the Anti-Doping organisation’s rules must be exhausted, provided that such review respects the principles set forth in Article 13.2.2 below (except as provided in Article 13.1.3).

13.1.1 Scope of Review Not Limited

The scope of review on appeal includes all issues relevant to the matter and is expressly not limited to the issues or scope of review before the initial decision maker.

13.1.2 CAS Shall Not Defer to the Findings Being Appealed

In making its decision, CAS need not give deference to the discretion exercised by the body whose decision is being appealed.

[Comment to Article 13.1.2: CAS proceedings are de novo. Prior proceedings do not limit the evidence or carry weight in the hearing before CAS.]

13.1.3 WADA Not Required to Exhaust Internal Remedies

Where WADA has a right to appeal under Article 13 and no other party has appealed a final decision within WBSC’s process, WADA may appeal such decision directly to CAS without having to exhaust other remedies in WBSC’s process.

[Comment to Article 13.1.3: Where a decision has been rendered before the final stage of WBSC’s process (for example, a first hearing) and no party elects to appeal that decision to the next level of WBSC’s process (e.g., the Managing Board), then WADA may bypass the remaining steps in WBSC’s internal process and appeal directly to CAS.]

13.2 Appeals from Decisions Regarding Anti-Doping Rule Violations, Consequences, Provisional Suspensions, Recognition of Decisions and Jurisdiction

A decision that an anti-doping rule violation was committed, a decision imposing Consequences or not imposing Consequences for an anti-doping rule violation, or a decision that no anti-doping rule violation was committed; a decision that an anti-doping rule violation proceeding cannot go forward for procedural reasons (including, for example, prescription); a decision by WADA not to grant an exception to the six month notice requirement for a retired Athlete to return to Competition under Article 5.7.1; a decision by WADA assigning results management under Article 7.1 of the Code; a decision by WBSC not to bring forward an Adverse Analytical Finding or an Atypical Finding as an anti-doping rule violation, or a decision not to go forward with an anti-doping rule violation after an investigation under Article 7.7; a decision to impose a Provisional Suspension as a result of a Provisional Hearing; WBSC’s failure to comply with Article 7.9; a decision that WBSC lacks jurisdiction to rule on an alleged anti-doping rule violation or its Consequences; a decision to suspend, or not suspend, a period of Ineligibility or to reinstate, or not reinstate, a suspended period of Ineligibility under Article 10.6.1; a decision under Article 10.12.3; and a decision by WBSC not to recognise another Anti-Doping organisation’s decision under Article 15, may be appealed exclusively as provided in Articles 13.2 – 13.7.

13.2.1 Appeals Involving International-Level Athletes or International Events

In cases arising from participation in an International Event or in cases involving International-Level Athletes, the decision may be appealed exclusively to CAS.

[Comment to Article 13.2.1: CAS decisions are final and binding except for any review required by law applicable to the annulment or enforcement of arbitral awards.]

13.2.2 Appeals Involving Other Athletes or Other Persons

In cases where Article 13.2.1 is not applicable, the decision may be appealed to a national-level appeal body, being an independent and impartial body established in accordance with rules adopted by the National Anti-Doping organisation having jurisdiction over the Athlete or other Person. The rules for such appeal shall respect the following principles: a timely hearing; a fair and impartial hearing panel; the right to be represented by counsel at the Person’s own expense; and a timely, written, reasoned decision. If the National Anti-Doping organisation has not established such a body, the decision may be appealed to CAS in accordance with the provisions applicable before such court.

13.2.3 Persons Entitled to Appeal

In cases under Article 13.2.1, the following parties shall have the right to appeal to CAS: (a) the Athlete or other Person who is the subject of the decision being appealed; (b) the other party to the case in which the decision was rendered; (c) WBSC; (d) the National Anti-Doping organisation of the Person’s country of residence or countries where the Person is a national or license holder; (e) the International Olympic Committee or International Paralympic Committee, as applicable, where the decision may have an effect in relation to the Olympic Games or Paralympic Games, including decisions affecting eligibility for the Olympic Games or Paralympic Games; and (f) WADA.

In cases under Article 13.2.2, the parties having the right to appeal to the national-level appeal body shall be as provided in the National Anti-Doping organisation’s rules but, at a minimum, shall include the following parties: (a) the Athlete or other Person who is the subject of the decision being appealed; (b) the other party to the case in which the decision was rendered; (c) WBSC; (d) the National Anti-Doping organisation of the Person’s country of residence; (e) the International Olympic Committee or International Paralympic Committee, as applicable, where the decision may have an effect in relation to the Olympic Games or Paralympic Games, including decisions affecting eligibility for the Olympic Games or Paralympic Games; and (f) WADA. For cases under Article 13.2.2, WADA, the International Olympic Committee, the International Paralympic Committee, and WBSC shall also have the right to appeal to CAS with respect to the decision of the national-level appeal body. Any party filing an appeal shall be entitled to assistance from CAS to obtain all relevant information from the Anti-Doping organisation whose decision is being appealed and the information shall be provided if CAS so directs.

Notwithstanding any other provision herein, the only Person who may appeal from a Provisional Suspension is the Athlete or other Person upon whom the Provisional Suspension is imposed.

13.2.4 Cross Appeals and other Subsequent Appeals Allowed

Cross appeals and other subsequent appeals by any respondent named in cases brought to CAS under the Code are specifically permitted. Any party with a right to appeal under this Article 13 must file a cross appeal or subsequent appeal at the latest with the party’s answer.

[Comment to Article 13.2.4: This provision is necessary because since 2011, CAS rules no longer permit an Athlete the right to cross appeal when an Anti-Doping organisation appeals a decision after the Athlete’s time for appeal has expired. This provision permits a full hearing for all parties.]

13.3 Failure to Render a Timely Decision

Where, in a particular case, WBSC fails to render a decision with respect to whether an anti-doping rule violation was committed within a reasonable deadline set by WADA, WADA may elect to appeal directly to CAS as if WBSC had rendered a decision finding no anti-doping rule violation. If the CAS hearing panel determines that an anti-doping rule violation was committed and that WADA acted reasonably in electing to appeal directly to CAS, then WADA’s costs and attorney fees in prosecuting the appeal shall be reimbursed to WADA by WBSC.

[Comment to Article 13.3: Given the different circumstances of each anti-doping rule violation investigation and results management process, it is not feasible to establish a fixed time period for WBSC to render a decision before WADA may intervene by appealing directly to CAS. Before taking such action, however, WADA will consult with WBSC and give WBSC an opportunity to explain why it has not yet rendered a decision.]

13.3.1 Failure of National Federation to Render a Timely Decision

Where, in a particular case, an WBSC affiliated National Federation fails to render a decision with respect to whether an anti-doping rule violation (for which the National Federation is the competent Results Management Authority) was committed within two (2) months, WBSC may decide to assume jurisdiction for the matters and conduct Results Management Authority in accordance with these Anti-Doping Rules.

Should this occur, the National Federation is liable for the costs incurred by WBSC for the management of the case.

13.4 Appeals Relating to TUEs

TUE decisions may be appealed exclusively as provided in Article 4.4.

13.5 Notification of Appeal Decisions

Any Anti-Doping organisation that is a party to an appeal shall promptly provide the appeal decision to the Athlete or other Person and to the other Anti-Doping organisations that would have been entitled to appeal under Article 13.2.3 as provided under Article 14.2.

13.6 Appeal from Decisions Pursuant to Article 12

Decisions by WBSC pursuant to Article 12 may be appealed exclusively to CAS by the National Federation.

13.7 Time for Filing Appeals

13.7.1 Appeals to CAS

The time to file an appeal to CAS shall be twenty-one days from the date of receipt of the decision by the appealing party. The above notwithstanding, the following shall apply in connection with appeals filed by a party entitled to appeal but which was not a party to the proceedings that led to the decision being appealed:

a) Within fifteen days from notice of the decision, such party/ies shall have the right to request a copy of the case file from the body that issued the decision;

b) If such a request is made within the fifteen-day period, then the party making such request shall have twenty-one days from receipt of the file to file an appeal to CAS.

The above notwithstanding, the filing deadline for an appeal filed by WADA shall be the later of:

a) Twenty-one days after the last day on which any other party in the case could have appealed; or

b) Twenty-one days after WADA’s receipt of the complete file relating to the decision.

13.7.2 Appeals Under Article 13.2.2

The time to file an appeal to an independent and impartial body established at national level in accordance with rules established by the National Anti-Doping organisation shall be indicated by the same rules of the National Anti-Doping organisation.

The above notwithstanding, the filing deadline for an appeal or intervention filed by WADA shall be the later of:

(a) Twenty-one days after the last day on which any other party in the case could have appealed, or

(b) Twenty-one days after WADA’s receipt of the complete file relating to the decision.

ARTICLE 14 CONFIDENTIALITY AND REPORTING

14.1 Information Concerning Adverse Analytical Findings, Atypical Findings, and Other Asserted Anti-Doping Rule Violations

14.1.1 Notice of Anti-Doping Rule Violations to Athletes and other Persons

Notice to Athletes or other Persons of anti-doping rule violations asserted against them shall occur as provided under Articles 7 and 14 of these Anti-Doping Rules. Notice to an Athlete or other Person who is a member of a National Federation may be accomplished by delivery of the notice to the National Federation.

14.1.2 Notice of Anti-Doping Rule Violations to National Anti-Doping organisations and WADA

Notice of the assertion of an anti-doping rule violation to National Anti-Doping organisations and WADA shall occur as provided under Articles 7 and 14 of these Anti-Doping Rules, simultaneously with the notice to the Athlete or other Person.

14.1.3 Content of an Anti-Doping Rule Violation Notice

Notification of an anti-doping rule violation under Article 2.1 shall include: the Athlete’s name, country, sport and discipline within the sport, the Athlete’s competitive level, whether the test was In-Competition or Out-of-Competition, the date of Sample collection, the analytical result reported by the laboratory, and other information as required by the International Standard for Testing and Investigations.

Notice of anti-doping rule violations other than under Article 2.1 shall include the rule violated and the basis of the asserted violation.

14.1.4 Status Reports

Except with respect to investigations which have not resulted in notice of an anti-doping rule violation pursuant to Article 14.1.1, National Anti-Doping organisations and WADA shall be regularly updated on the status and findings of any review or proceedings conducted pursuant to Article 7, 8 or 13 and shall be provided with a prompt written reasoned explanation or decision explaining the resolution of the matter.

14.1.5 Confidentiality

The recipient organisations shall not disclose this information beyond those Persons with a need to know (which would include the appropriate personnel at the applicable National Olympic Committee, National Federation, and team in a Team Sport) until WBSC has made Public Disclosure or has failed to make Public Disclosure as required in Article 14.3.

14.1.6 WBSC shall ensure that information concerning Adverse Analytical Findings, Atypical Findings, and other asserted anti-doping rule violations remains confidential until such information is Publicly Disclosed in accordance with Article 14.3, and shall include provisions in any contract entered into between WBSC and any of its employees (whether permanent or otherwise), contractors, agents and consultants, for the protection of such confidential information as well as for the investigation and disciplining of improper and/or unauthorised disclosure of such confidential information.

14.2 Notice of Anti-Doping Rule Violation Decisions and Request for Files

14.2.1 Anti-doping rule violation decisions rendered pursuant to Article 7.11, 8.2, 10.4, 10.5, 10.6, 10.12.3 or 13.5 shall include the full reasons for the decision, including, if applicable, a justification for why the greatest possible Consequences were not imposed. Where the decision is not in English or French, WBSC shall provide a short English or French summary of the decision and the supporting reasons.

14.2.2 An Anti-Doping organisation having a right to appeal a decision received pursuant to Article 14.2.1 may, within fifteen days of receipt, request a copy of the full case file pertaining to the decision.

14.3 Public Disclosure

14.3.1 The identity of any Athlete or other Person who is asserted by WBSC to have committed an anti-doping rule violation may be Publicly Disclosed by WBSC only after notice has been provided to the Athlete or other Person in accordance with Article 7.3, 7.4, 7.5, 7.6 or 7.7 and simultaneously to WADA and the National Anti-Doping organisation of the Athlete or other Person in accordance with Article 14.1.2.

14.3.2 No later than twenty days after it has been determined in a final appellate decision under Article 13.2.1 or 13.2.2, or such appeal has been waived, or a hearing in accordance with Article 8 has been waived, or the assertion of an anti-doping rule violation has not been timely challenged, WBSC must Publicly Report the disposition of the matter, including the sport, the anti-doping rule violated, the name of the Athlete or other Person committing the violation, the Prohibited Substance or Prohibited Method involved (if any), and the Consequences imposed. WBSC must also Publicly Report within twenty days the results of final appeal decisions concerning anti-doping rule violations, including the information described above.

14.3.3 In any case where it is determined, after a hearing or appeal, that the Athlete or other Person did not commit an anti-doping rule violation, the decision may be Publicly Disclosed only with the consent of the Athlete or other Person who is the subject of the decision. WBSC shall use reasonable efforts to obtain such consent. If consent is obtained, WBSC shall Publicly Disclose the decision in its entirety or in such redacted form as the Athlete or other Person may approve.

14.3.4 Publication shall be accomplished at a minimum by placing the required information on the WBSC’s website or publishing it through other means and leaving the information up for the longer of one month or the duration of any period of Ineligibility.

14.3.5 Neither WBSC, nor its National Federations, nor any official of either body, shall publicly comment on the specific facts of any pending case (as opposed to general description of process and science) except in response to public comments attributed to the Athlete or other Person against whom an anti-doping rule violation is asserted, or their representatives.

14.3.6 The mandatory Public Reporting required in Article 14.3.2 shall not be required where the Athlete or other Person who has been found to have committed an anti-doping rule violation is a Minor. Any optional Public Reporting in a case involving a Minor shall be proportionate to the facts and circumstances of the case.

14.3.7 Except where expressly stated otherwise, a notice under these Anti-Doping Rules shall only be effective if it is in writing. Faxes and email are permitted.

14.3.8 Any notice given under these Anti-Doping Rules shall, in the absence of earlier receipt, be deemed to have been duly given as follows:
a) if delivered personally, on delivery;
b) if sent by first class post, two clear business days after the date of
posting;
c) if sent by airmail, six clear business days after the date of posting;
d)if sent by facsimile, at the expiration of 48 hours after the time it was sent;
e) if sent by email, at the time at which it was sent.

14.4 Statistical Reporting

WBSC shall publish at least annually a general statistical report of its Doping Control activities, with a copy provided to WADA. WBSC may also publish reports showing the name of each Athlete tested and the date of each Testing.

14.5 Doping Control Information Clearinghouse

To facilitate coordinated test distribution planning and to avoid unnecessary duplication in Testing by the various Anti-Doping organisations, WBSC shall report all In-Competition and Out-of-Competition tests on such Athletes to the WADA clearinghouse, using ADAMS, as soon as possible after such tests have been conducted. This information will be made accessible, where appropriate and in accordance with the applicable rules, to the Athlete, the Athlete’s National Anti-Doping organisation and any other Anti-Doping organisations with Testing authority over the Athlete.

14.6 Data Privacy

14.6.1 WBSC may collect, store, process or disclose personal information relating to Athletes and other Persons where necessary and appropriate to conduct their anti-doping activities under the Code, the International Standards (including specifically the International Standard for the Protection of Privacy and Personal Information) and these Anti-Doping Rules.

14.6.2 Any Participant who submits information including personal data to any Person in accordance with these Anti-Doping Rules shall be deemed to have agreed, pursuant to applicable data protection laws and otherwise, that such information may be collected, processed, disclosed and used by such Person for the purposes of the implementation of these Anti-Doping Rules, in accordance with the International Standard for the Protection of Privacy and Personal Information and otherwise as required to implement these Anti-Doping Rules.

ARTICLE 15 APPLICATION AND RECOGNITION OF DECISIONS

15.1 Subject to the right to appeal provided in Article 13, Testing, hearing results or other final adjudications of any Signatory which are consistent with the Code and are within that Signatory’s authority shall be applicable worldwide and shall be recognised and respected by WBSC and all its National Federations.

[Comment to Article 15.1: The extent of recognition of TUE decisions of other Anti-Doping organisations shall be determined by Article 4.4 and the International Standard for Therapeutic Use Exemptions.]

15.2 WBSC and its National Federations shall recognise the measures taken by other bodies which have not accepted the Code if the rules of those bodies are otherwise consistent with the Code.

[Comment to Article 15.2: Where the decision of a body that has not accepted the Code is in some respects Code compliant and in other respects not Code compliant, WBSC and its National Federations shall attempt to apply the decision in harmony with the principles of the Code. For example, if in a process consistent with the Code a non-Signatory has found an Athlete to have committed an anti-doping rule violation on account of the presence of a Prohibited Substance in his or her body but the period of Ineligibility applied is shorter than the period provided for in these Anti-Doping Rules, then WBSC shall recognise the finding of an anti-doping rule violation and may conduct a hearing consistent with Article 8 to determine whether the longer period of Ineligibility provided in these Anti-Doping Rules should be imposed.]

15.3 Subject to the right to appeal provided in Article 13, any decision of WBSC regarding a violation of these Anti-Doping Rules shall be recognised by all National Federations, which shall take all necessary action to render such decision effective.

ARTICLE 16 INCORPORATION OF WBSC ANTI-DOPING RULES AND OBLIGATIONS OF NATIONAL FEDERATIONS

16.1 All National Federations and their members shall comply with these Anti-Doping Rules. All National Federations and other members shall include in their regulations the provisions necessary to ensure that WBSC may enforce these Anti-Doping Rules directly as against Athletes under their anti-doping jurisdiction (including National-Level Athletes). These Anti-Doping Rules shall also be incorporated either directly or by reference into each National Federation’s rules so that the National Federation may enforce them itself directly as against Athletes under its anti-doping jurisdiction (including National-Level Athletes).

16.2 All National Federations shall establish rules requiring all Athletes and each Athlete Support Personnel who participates as coach, trainer, manager, team staff, official, medical or paramedical personnel in a Competition or activity Authorised or organised by a National Federation or one of its member organisations to agree to be bound by these Anti-Doping Rules and to submit to the results management authority of the Anti-Doping organisation responsible under the Code as a condition of such participation.

16.3 All National Federations shall report any information suggesting or relating to an anti-doping rule violation to WBSC and to their National Anti-Doping organisations, and shall cooperate with investigations conducted by any Anti-Doping organisation with authority to conduct the investigation.

16.4 All National Federations shall have disciplinary rules in place to prevent Athlete Support Personnel who are Using Prohibited Substances or Prohibited Methods without valid justification from providing support to Athletes under the jurisdiction of WBSC or the National Federation.

16.5 All National Federations shall be required to conduct anti-doping education in coordination with their National Anti-Doping organisations.

ARTICLE 17 STATUTE OF LIMITATIONS

No anti-doping rule violation proceeding may be commenced against an Athlete or other Person unless he or she has been notified of the anti-doping rule violation as provided in Article 7, or notification has been reasonably attempted, within ten years from the date the violation is asserted to have occurred.

ARTICLE 18 WBSC COMPLIANCE REPORTS TO WADA

WBSC will report to WADA on WBSC’s compliance with the Code in accordance with Article 23.5.2 of the Code.

ARTICLE 19 EDUCATION

WBSC shall plan, implement, evaluate and monitor information, education and prevention programs for doping-free sport on at least the issues listed at Article 18.2 of the Code, and shall support active participation by Athletes and Athlete Support Personnel in such programs.

19.1 WBSC may request that Athletes perform educational activities before and/or during their participation to selected Events (ex: Youth World Championships). The list of Events in which Athletes will be required to perform educational activities as a condition of participation will be published in the WBSC website.
The Athletes who have not performed the educational activities will be asked to provide valid justifications to have failed to participate in the educational activity.
WBSC Anti-Doping Administrator or its delegate should evaluate those justifications on a case by case basis and may decide to request to impose disciplinary sanctions if it deemed appropriate.

ARTICLE 20 AMENDMENT AND INTERPRETATION OF ANTI-DOPING RULES

20.1 These Anti-Doping Rules may be amended from time to time by WBSC.

20.2 These Anti-Doping Rules shall be interpreted as an independent and autonomous text and not by reference to existing law or statutes.

20.3 The headings used for the various Parts and Articles of these Anti-Doping Rules are for convenience only and shall not be deemed part of the substance of these Anti-Doping Rules or to affect in any way the language of the provisions to which they refer.

20.4 The Code and the International Standards shall be considered integral parts of these Anti-Doping Rules and shall prevail in case of conflict.

20.5 These Anti-Doping Rules have been adopted pursuant to the applicable provisions of the Code and shall be interpreted in a manner that is consistent with applicable provisions of the Code. The Introduction shall be considered an integral part of these Anti-Doping Rules.

20.6 The comments annotating various provisions of the Code and these Anti-Doping Rules shall be used to interpret these Anti-Doping Rules.

20.7 These Anti-Doping Rules have come into full force and effect on [1 January 2015] (the “Effective Date”). They shall not apply retroactively to matters pending before the Effective Date; provided, however, that:

20.7.1 Anti-doping rule violations taking place prior to the Effective Date count as “first violations” or “second violations” for purposes of determining sanctions under Article 10 for violations taking place after the Effective Date.

20.7.2 The retrospective periods in which prior violations can be considered for purposes of multiple violations under Article 10.7.5 and the statute of limitations set forth in Article 17 are procedural rules and should be applied retroactively; provided, however, that Article 17 shall only be applied retroactively if the statute of limitations period has not already expired by the Effective Date. Otherwise, with respect to any anti-doping rule violation case which is pending as of the Effective Date and any anti-doping rule violation case brought after the Effective Date based on an anti-doping rule violation which occurred prior to the Effective Date, the case shall be governed by the substantive anti-doping rules in effect at the time the alleged anti-doping rule violation occurred unless the panel hearing the case determines the principle of “lex mitior” appropriately applies under the circumstances of the case.

20.7.3 Any Article 2.4 whereabouts failure (whether a Filing Failure or a Missed Test, as those terms are defined in the International Standard for Testing and Investigations) prior to the Effective Date shall be carried forward and may be relied upon, prior to expiry, in accordance with the International Standard for Testing and Investigation, but it shall be deemed to have expired 12 months after it occurred.

20.7.4 With respect to cases where a final decision finding an anti-doping rule violation has been rendered prior to the Effective Date, but the Athlete or other Person is still serving the period of Ineligibility as of the Effective Date, the Athlete or other Person may apply to the Anti-Doping organisation which had results management responsibility for the anti-doping rule violation to consider a reduction in the period of Ineligibility in light of these Anti-Doping Rules. Such application must be made before the period of Ineligibility has expired. The decision rendered may be appealed pursuant to Article 13.2. These Anti-Doping Rules shall have no application to any case where a final decision finding an anti-doping rule violation has been rendered and the period of Ineligibility has expired.

20.7.5 For purposes of assessing the period of Ineligibility for a second violation under Article 10.7.1, where the sanction for the first violation was determined based on rules in force prior to the Effective Date, the period of Ineligibility which would have been assessed for that first violation had these Anti-Doping Rules been applicable, shall be applied.

ARTICLE 21 INTERPRETATION OF THE CODE

21.1 The official text of the Code shall be maintained by WADA and shall be published in English and French. In the event of any conflict between the English and French versions, the English version shall prevail.

21.2 The comments annotating various provisions of the Code shall be used to interpret the Code.

21.3 The Code shall be interpreted as an independent and autonomous text and not by reference to the existing law or statutes of the Signatories or governments.

21.4 The headings used for the various Parts and Articles of the Code are for convenience only and shall not be deemed part of the substance of the Code or to affect in any way the language of the provisions to which they refer.

21.5 The Code shall not apply retroactively to matters pending before the date the Code is accepted by a Signatory and implemented in its rules. However, pre-Code anti-doping rule violations would continue to count as “first violations” or “second violations” for purposes of determining sanctions under Article 10 for subsequent post-Code violations.

21.6 The Purpose, Scope and organisation of the World Anti-Doping Program and the Code and Appendix 1, Definitions, and Appendix 2, Examples of the Application of Article 10, shall be considered integral parts of the Code.

ARTICLE 22 ADDITIONAL ROLES AND RESPONSIBILITIES OF ATHLETES AND OTHER PERSONS

22.1 Roles and Responsibilities of Athletes

22.1.1 To be knowledgeable of and comply with these Anti-Doping Rules.

22.1.2 To be available for Sample collection at all times.

[Comment to Article 22.1.2: With due regard to an Athlete’s human rights and privacy, legitimate anti-doping considerations sometimes require Sample collection late at night or early in the morning. For example, it is known that some Athletes use low doses of EPO during these hours so that it will be undetectable in the morning.]

22.1.3 To take responsibility, in the context of anti-doping, for what they ingest and Use.

22.1.4 To inform medical personnel of their obligation not to Use Prohibited Substances and Prohibited Methods and to take responsibility to make sure that any medical treatment received does not violate these Anti-Doping Rules.

22.1.5 To disclose to their National Anti-Doping organisation and to WBSC any decision by a non-Signatory finding that the Athlete committed an anti-doping rule violation within the previous ten years.

22.1.6 To cooperate with Anti-Doping organisations investigating anti-doping rule violations.

22.1.7 Failure by any Athlete to cooperate in full with Anti-Doping organisations investigating anti-doping rule violations may result in a charge of misconduct under WBSC’s disciplinary rules/code of conduct.

22.2 Roles and Responsibilities of Athlete Support Personnel

22.2.1 To be knowledgeable of and comply with these Anti-Doping Rules.

22.2.2 To cooperate with the Athlete Testing program.

22.2.3 To use his or her influence on Athlete values and behaviour to foster anti-doping attitudes.

22.2.4 To disclose to his or her National Anti-Doping organisation and to WBSC any decision by a non-Signatory finding that he or she committed an anti-doping rule violation within the previous ten years.

22.2.5 To cooperate with Anti-Doping organisations investigating anti-doping rule violations.

22.2.6 Failure by any Athlete Support Personnel to cooperate in full with Anti-Doping organisations investigating anti-doping rule violations may result in a charge of misconduct under WBSC’s disciplinary rules/code of conduct.

22.2.7 Athlete Support Personnel shall not Use or Possess any Prohibited Substance or Prohibited Method without valid justification.

22.2.8 Use or Possession of a Prohibited Substance or Prohibited Method by an Athlete Support Personnel without valid justification may result in a charge of misconduct under WBSC’s disciplinary rules/code of conduct.

APPENDIX 1 DEFINITIONS

ADAMS: The Anti-Doping Administration and Management System is a Web-based database management tool for data entry, storage, sharing, and reporting designed to assist stakeholders and WADA in their anti-doping operations in conjunction with data protection legislation.

Administration: Providing, supplying, supervising, facilitating, or otherwise participating in the Use or Attempted Use by another Person of a Prohibited Substance or Prohibited Method. However, this definition shall not include the actions of bona fide medical personnel involving a Prohibited Substance or Prohibited Method used for genuine and legal therapeutic purposes or other acceptable justification and shall not include actions involving Prohibited Substances which are not prohibited in Out-of-Competition Testing unless the circumstances as a whole demonstrate that such Prohibited Substances are not intended for genuine and legal therapeutic purposes or are intended to enhance sport performance.

Adverse Analytical Finding: A report from a WADA-accredited laboratory or other WADA-approved laboratory that, consistent with the International Standard for Laboratories and related Technical Documents, identifies in a Sample the presence of a Prohibited Substance or its Metabolites or Markers (including elevated quantities of endogenous substances) or evidence of the Use of a Prohibited Method.

Adverse Passport Finding: A report identified as an Adverse Passport Finding as described in the applicable International Standards.

Anti-Doping organisation: A Signatory that is responsible for adopting rules for initiating, implementing or enforcing any part of the Doping Control process. This includes, for example, the International Olympic Committee, the International Paralympic Committee, other Major Event organisations that conduct Testing at their Events, WADA, International Federations, and National Anti-Doping organisations.

Athlete: Any Person who competes in sport at the international level (as defined by each International Federation), or the national level (as defined by each National Anti-Doping organisation). An Anti-Doping organisation has discretion to apply anti-doping rules to an Athlete who is neither an International-Level Athlete nor a National-Level Athlete, and thus to bring them within the definition of “Athlete.” In relation to Athletes who are neither International-Level nor National-Level Athletes, an Anti-Doping organisation may elect to: conduct limited Testing or no Testing at all; analyse Samples for less than the full menu of Prohibited Substances; require limited or no whereabouts information; or not require advance TUEs. However, if an Article 2.1, 2.3 or 2.5 anti-doping rule violation is committed by any Athlete over whom an Anti-Doping organisation has authority who competes below the international or national level, then the Consequences set forth in the Code (except Article 14.3.2) must be applied. For purposes of Article 2.8 and Article 2.9 and for purposes of anti-doping information and education, any Person who participates in sport under the authority of any Signatory, government, or other sports organisation accepting the Code is an Athlete.

[Comment: This definition makes it clear that all International- and National-Level Athletes are subject to the anti-doping rules of the Code, with the precise definitions of international- and national-level sport to be set forth in the anti-doping rules of the International Federations and National Anti-Doping organisations, respectively. The definition also allows each National Anti-Doping organisation, if it chooses to do so, to expand its anti-doping program beyond International- or National-Level Athletes to competitors at lower levels of Competition or to individuals who engage in fitness activities but do not compete at all. Thus, a National Anti-Doping organisation could, for example, elect to test recreational-level competitors but not require advance TUEs. But an anti-doping rule violation involving an Adverse Analytical Finding or Tampering results in all of the Consequences provided for in the Code (with the exception of Article 14.3.2). The decision on whether Consequences apply to recreational-level Athletes who engage in fitness activities but never compete is left to the National Anti-Doping organisation. In the same manner, a Major Event organisation holding an Event only for masters-level competitors could elect to test the competitors but not analyse Samples for the full menu of Prohibited Substances. Competitors at all levels of Competition should receive the benefit of anti-doping information and education.]

Athlete Biological Passport: The program and methods of gathering and collating data as described in the International Standard for Testing and Investigations and International Standard for Laboratories.

Athlete Support Personnel: Any coach, trainer, manager, agent, team staff, official, medical, paramedical personnel, parent or any other Person working with, treating or assisting an Athlete participating in or preparing for sports Competition.

Attempt: Purposely engaging in conduct that constitutes a substantial step in a course of conduct planned to culminate in the commission of an anti-doping rule violation. Provided, however, there shall be no anti-doping rule violation based solely on an Attempt to commit a violation if the Person renounces the Attempt prior to it being discovered by a third party not involved in the Attempt.

Atypical Finding: A report from a WADA-accredited laboratory or other WADA-approved laboratory which requires further investigation as provided by the International Standard for Laboratories or related Technical Documents prior to the determination of an Adverse Analytical Finding.

Atypical Passport Finding: A report described as an Atypical Passport Finding as described in the applicable International Standards.

CAS: The Court of Arbitration for Sport.

Code: The World Anti-Doping Code.

Competition: A single race, match, game or singular sport contest. For stage races and other sport contests where prizes are awarded on a daily or other interim basis the distinction between a Competition and an Event will be as provided in the rules of the applicable International Federation.

Consequences of Anti-Doping Rule Violations (“Consequences”): An Athlete’s or other Person’s violation of an anti-doping rule may result in one or more of the following: (a) Disqualification means the Athlete’s results in a particular Competition or Event are invalidated, with all resulting Consequences including forfeiture of any medals, points and prizes; (b) Ineligibility means the Athlete or other Person is barred on account of an anti-doping rule violation for a specified period of time from participating in any Competition or other activity or funding as provided in Article 10.12.1; (c) Provisional Suspension means the Athlete or other Person is barred temporarily from participating in any Competition or activity prior to the final decision at a hearing conducted under Article 8; (d) Financial Consequences means a financial sanction imposed for an anti-doping rule violation or to recover costs associated with an anti-doping rule violation; and (e) Public Disclosure or Public Reporting means the dissemination or distribution of information to the general public or Persons beyond those Persons entitled to earlier notification in accordance with Article 14. Teams in Team Sports may also be subject to Consequences as provided in Article 11 of the Code.

Contaminated Product: A product that contains a Prohibited Substance that is not disclosed on the product label or in information available in a reasonable Internet search.

Disqualification: See Consequences of Anti-Doping Rule Violations above.

Doping Control: All steps and processes from test distribution planning through to ultimate disposition of any appeal including all steps and processes in between such as provision of whereabouts information, Sample collection and handling, laboratory analysis, TUEs, results management and hearings.

Event: A series of individual Competitions conducted together under one ruling body (e.g., the Olympic Games, WBSC World Championships, or Pan American Games).

Event Venues: Those venues so designated by the ruling body for the Event. For the sport of WBSC, the Event Venues are considered the official training, accommodation and Competition venues for the Event.

Event Period: The time between the beginning and end of an Event, as established by the ruling body of the Event.

Fault: Fault is any breach of duty or any lack of care appropriate to a particular situation. Factors to be taken into consideration in assessing an Athlete or other Person’s degree of Fault include, for example, the Athlete’s or other Person’s experience, whether the Athlete or other Person is a Minor, special considerations such as impairment, the degree of risk that should have been perceived by the Athlete and the level of care and investigation exercised by the Athlete in relation to what should have been the perceived level of risk. In assessing the Athlete’s or other Person’s degree of Fault, the circumstances considered must be specific and relevant to explain the Athlete’s or other Person’s departure from the expected standard of behaviour. Thus, for example, the fact that an Athlete would lose the opportunity to earn large sums of money during a period of Ineligibility, or the fact that the Athlete only has a short time left in his or her career, or the timing of the sporting calendar, would not be relevant factors to be considered in reducing the period of Ineligibility under Article 10.5.1 or 10.5.2.

[Comment: The criteria for assessing an Athlete’s degree of Fault is the same under all Articles where Fault is to be considered. However, under Article 10.5.2, no reduction of sanction is appropriate unless, when the degree of Fault is assessed, the conclusion is that No Significant Fault or Negligence on the part of the Athlete or other Person was involved.]

Financial Consequences: see Consequences of Anti-Doping Rule Violations, above.

In-Competition: “In-Competition” means the period commencing twelve hours before a Competition in which the Athlete is scheduled to participate through the end of such Competition and the Sample collection process related to such Competition.
[Comment: An International Federation or ruling body for an Event may establish an “In-Competition” period that is different than the Event Period.]

Independent Observer Program: A team of observers, under the supervision of WADA, who observe and provide guidance on the Doping Control process at certain Events and report on their observations.

Individual Sport: Any sport that is not a Team Sport.

Ineligibility: See Consequences of Anti-Doping Rule Violations above.

International Event: An Event or Competition where the International Olympic Committee, the International Paralympic Committee, an International Federation, a Major Event organisation, or another international sport organisation is the ruling body for the Event or appoints the technical officials for the Event.

International-Level Athlete: Athletes who compete in sport at the international level, as defined by each International Federation, consistent with the International Standard for Testing and Investigations. For the sport of WBSC International-Level Athletes are defined as set out in the Scope section of the Introduction to these Anti-Doping Rules.

[Comment: Consistent with the International Standard for Testing and Investigations, the International Federation is free to determine the criteria it will use to classify Athletes as International-Level Athletes, e.g., by ranking, by participation in particular International Events, by type of license, etc. However, it must publish those criteria in clear and concise form, so that Athletes are able to ascertain quickly and easily when they will become classified as International-Level Athletes. For example, if the criteria include participation in certain International Events, then the International Federation must publish a list of those International Events.]

International Standard: A standard adopted by WADA in support of the Code. Compliance with an International Standard (as opposed to another alternative standard, practice or procedure) shall be sufficient to conclude that the procedures addressed by the International Standard were performed properly. International Standards shall include any Technical Documents issued pursuant to the International Standard.

Major Event organisations: The continental associations of National Olympic Committees and other international multi-sport organisations that function as the ruling body for any continental, regional or other International Event.

Marker: A compound, group of compounds or biological variable(s) that indicates the Use of a Prohibited Substance or Prohibited Method.

Metabolite: Any substance produced by a biotransformation process.

Minor: A natural Person who has not reached the age of eighteen years.

National Anti-Doping organisation: The entity(ies) designated by each country as possessing the primary authority and responsibility to adopt and implement anti-doping rules, direct the collection of Samples, the management of test results, and the conduct of hearings at the national level. If this designation has not been made by the competent public authority(ies), the entity shall be the country’s National Olympic Committee or its designee.

National Event: A sport Event or Competition involving International- or National-Level Athletes that is not an International Event.

National Federation: A national or regional entity which is a member of or is recognised by WBSC as the entity governing WBSC’s sport in that nation or region.

National-Level Athlete: Athletes who compete in sport at the national level, as defined by each National Anti-Doping organisation, consistent with the International Standard for Testing and Investigations.

National Olympic Committee: The organisation recognised by the International Olympic Committee. The term National Olympic Committee shall also include the National Sport Confederation in those countries where the National Sport Confederation assumes typical National Olympic Committee responsibilities in the anti-doping area.

No Fault or Negligence: The Athlete or other Person’s establishing that he or she did not know or suspect, and could not reasonably have known or suspected even with the exercise of utmost caution, that he or she had Used or been administered the Prohibited Substance or Prohibited Method or otherwise violated an anti-doping rule. Except in the case of a Minor, for any violation of Article 2.1, the Athlete must also establish how the Prohibited Substance entered his or her system.

No Significant Fault or Negligence: The Athlete or other Person’s establishing that his or her Fault or negligence, when viewed in the totality of the circumstances and taking into account the criteria for No Fault or negligence, was not significant in relationship to the anti-doping rule violation. Except in the case of a Minor, for any violation of Article 2.1, the Athlete must also establish how the Prohibited Substance entered his or her system.

[Comment: For Cannabinoids, an Athlete may establish No Significant Fault or Negligence by clearly demonstrating that the context of the Use was unrelated to sport performance.]

Out-of-Competition: Any period which is not In-Competition.

Participant: Any Athlete or Athlete Support Person.

Person: A natural Person or an organisation or other entity.

Possession: The actual, physical Possession, or the constructive Possession (which shall be found only if the Person has exclusive control or intends to exercise control over the Prohibited Substance or Prohibited Method or the premises in which a Prohibited Substance or Prohibited Method exists); provided, however, that if the Person does not have exclusive control over the Prohibited Substance or Prohibited Method or the premises in which a Prohibited Substance or Prohibited Method exists, constructive Possession shall only be found if the Person knew about the presence of the Prohibited Substance or Prohibited Method and intended to exercise control over it. Provided, however, there shall be no anti-doping rule violation based solely on Possession if, prior to receiving notification of any kind that the Person has committed an anti-doping rule violation, the Person has taken concrete action demonstrating that the Person never intended to have Possession and has renounced Possession by explicitly declaring it to an Anti-Doping organisation. Notwithstanding anything to the contrary in this definition, the purchase (including by any electronic or other means) of a Prohibited Substance or Prohibited Method constitutes Possession by the Person who makes the purchase.

[Comment: Under this definition, steroids found in an Athlete’s car would constitute a violation unless the Athlete establishes that someone else used the car; in that event, the Anti-Doping organisation must establish that, even though the Athlete did not have exclusive control over the car, the Athlete knew about the steroids and intended to have control over the steroids. Similarly, in the example of steroids found in a home medicine cabinet under the joint control of an Athlete and spouse, the Anti-Doping organisation must establish that the Athlete knew the steroids were in the cabinet and that the Athlete intended to exercise control over the steroids. The act of purchasing a Prohibited Substance alone constitutes Possession, even where, for example, the product does not arrive, is received by someone else, or is sent to a third party address.]

Prohibited List: The List identifying the Prohibited Substances and Prohibited Methods.

Prohibited Method: Any method so described on the Prohibited List.

Prohibited Substance: Any substance, or class of substances, so described on the Prohibited List.

Provisional Hearing: For purposes of Article 7.9, an expedited abbreviated hearing occurring prior to a hearing under Article 8 that provides the Athlete with notice and an opportunity to be heard in either written or oral form.

[Comment: A Provisional Hearing is only a preliminary proceeding which may not involve a full review of the facts of the case. Following a Provisional Hearing, the Athlete remains entitled to a subsequent full hearing on the merits of the case. By contrast, an “expedited hearing,” as that term is used in Article 7.9, is a full hearing on the merits conducted on an expedited time schedule.]

Provisional Suspension: See Consequences of Anti-Doping Rule Violations above.

Publicly Disclose or Publicly Report: See Consequences of Anti-Doping Rule Violations above.

Regional Anti-Doping organisation: A regional entity designated by member countries to coordinate and manage delegated areas of their national anti-doping programs, which may include the adoption and implementation of anti-doping rules, the planning and collection of Samples, the management of results, the review of TUEs, the conduct of hearings, and the conduct of educational programs at a regional level.

Registered Testing Pool: The pool of highest-priority Athletes established separately at the international level by International Federations and at the national level by National Anti-Doping organisations, who are subject to focused In-Competition and Out-of-Competition Testing as part of that International Federation’s or National Anti-Doping organisation’s test distribution plan and therefore are required to provide whereabouts information as provided in Article 5.6 of the Code and the International Standard for Testing and Investigations.

Sample or Specimen: Any biological material collected for the purposes of Doping Control.

[Comment: It has sometimes been claimed that the collection of blood Samples violates the tenets of certain religious or cultural groups. It has been determined that there is no basis for any such claim.]

Signatories: Those entities signing the Code and agreeing to comply with the Code, as provided in Article 23 of the Code.

Specified Substance: See Article 4.2.2.

Strict Liability: The rule which provides that under Article 2.1 and Article 2.2, it is not necessary that intent, Fault, negligence, or knowing Use on the Athlete’s part be demonstrated by the Anti-Doping organisation in order to establish an anti-doping rule violation.

Substantial Assistance: For purposes of Article 10.6.1, a Person providing Substantial Assistance must: (1) fully disclose in a signed written statement all information he or she possesses in relation to anti-doping rule violations, and (2) fully cooperate with the investigation and adjudication of any case related to that information, including, for example, presenting testimony at a hearing if requested to do so by an Anti-Doping organisation or hearing panel. Further, the information provided must be credible and must comprise an important part of any case which is initiated or, if no case is initiated, must have provided a sufficient basis on which a case could have been brought.

Tampering: Altering for an improper purpose or in an improper way; bringing improper influence to bear; interfering improperly; obstructing, misleading or engaging in any fraudulent conduct to alter results or prevent normal procedures from occurring.

Target Testing: Selection of specific Athletes for Testing based on criteria set forth in the International Standard for Testing and Investigations.

Team Sport: A sport in which the substitution of players is permitted during a Competition.

Testing: The parts of the Doping Control process involving test distribution planning, Sample collection, Sample handling, and Sample transport to the laboratory.

Trafficking: Selling, giving, transporting, sending, delivering or distributing (or Possessing for any such purpose) a Prohibited Substance or Prohibited Method (either physically or by any electronic or other means) by an Athlete, Athlete Support Person or any other Person subject to the jurisdiction of an Anti-Doping organisation to any third party; provided, however, this definition shall not include the actions of “bona fide” medical personnel involving a Prohibited Substance used for genuine and legal therapeutic purposes or other acceptable justification, and shall not include actions involving Prohibited Substances which are not prohibited in Out-of-Competition Testing unless the circumstances as a whole demonstrate such Prohibited Substances are not intended for genuine and legal therapeutic purposes or are intended to enhance sport performance.

TUE: Therapeutic Use Exemption, as described in Article 4.4.

UNESCO Convention: The International Convention against Doping in Sport adopted by the 33rd session of the UNESCO General Conference on 19 October, 2005 including any and all amendments adopted by the States Parties to the Convention and the Conference of Parties to the International Convention against Doping in Sport.

Use: The utilisation, application, ingestion, injection or consumption by any means whatsoever of any Prohibited Substance or Prohibited Method.

WADA: The World Anti-Doping Agency.

[Comment: Defined terms shall include their plural and possessive forms, as well as those terms used as other parts of speech].

APPENDIX 2 EXAMPLES OF THE APPLICATION OF ARTICLE 10

EXAMPLE 1.

Facts: An Adverse Analytical Finding results from the presence of an anabolic steroid in an In-Competition test (Article 2.1); the Athlete promptly admits the anti-doping rule violation; the Athlete establishes No Significant Fault or Negligence; and the Athlete provides Substantial Assistance.

Application of Consequences:

1. The starting point would be Article 10.2. Because the Athlete is deemed to have No Significant Fault that would be sufficient corroborating evidence (Articles 10.2.1.1 and 10.2.3) that the anti-doping rule violation was not intentional, the period of Ineligibility would thus be two years, not four years (Article 10.2.2).

2. In a second step, the panel would analyse whether the Fault-related reductions (Articles 10.4 and 10.5) apply. Based on No Significant Fault or Negligence (Article 10.5.2) since the anabolic steroid is not a Specified Substance, the applicable range of sanctions would be reduced to a range of two years to one year (minimum one-half of the two year sanction). The panel would then determine the applicable period of Ineligibility within this range based on the Athlete’s degree of Fault. (Assume for purposes of illustration in this example that the panel would otherwise impose a period of Ineligibility of 16 months.)

3. In a third step, the panel would assess the possibility for suspension or reduction under Article 10.6 (reductions not related to Fault). In this case, only Article 10.6.1 (Substantial Assistance) applies. (Article 10.6.3, Prompt Admission, is not applicable because the period of Ineligibility is already below the two-year minimum set forth in Article 10.6.3.) Based on Substantial Assistance, the period of Ineligibility could be suspended by three-quarters of 16 months.* The minimum period of Ineligibility would thus be four months. (Assume for purposes of illustration in this example that the panel suspends ten months and the period of Ineligibility would thus be six months.)

4. Under Article 10.11, the period of Ineligibility, in principle, starts on the date of the final hearing decision. However, because the Athlete promptly admitted the anti-doping rule violation, the period of Ineligibility could start as early as the date of Sample collection, but in any event the Athlete would have to serve at least one-half of the Ineligibility period (i.e., three months) after the date of the hearing decision (Article 10.11.2).

5. Since the Adverse Analytical Finding was committed in a Competition, the panel would have to automatically Disqualify the result obtained in that Competition (Article 9).

6. According to Article 10.8, all results obtained by the Athlete subsequent to the date of the Sample collection until the start of the period of Ineligibility would also be Disqualified unless fairness requires otherwise.

7. The information referred to in Article 14.3.2 must be Publicly Disclosed, unless the Athlete is a Minor, since this is a mandatory part of each sanction (Article 10.13).

8. The Athlete is not allowed to participate in any capacity in a Competition or other sport-related activity under the authority of any Signatory or its affiliates during the Athlete’s period of Ineligibility (Article 10.12.1). However, the Athlete may return to train with a team or to use the facilities of a club or other member organisation of a Signatory or its affiliates during the shorter of: (a) the last two months of the Athlete’s period of Ineligibility, or (b) the last one-quarter of the period of Ineligibility imposed (Article 10.12.2). Thus, the Athlete would be allowed to return to training one and one-half months before the end of the period of Ineligibility.

EXAMPLE 2.

Facts: An Adverse Analytical Finding results from the presence of a stimulant which is a Specified Substance in an In-Competition test (Article 2.1); the Anti-Doping organisation is able to establish that the Athlete committed the anti-doping rule violation intentionally; the Athlete is not able to establish that the Prohibited Substance was Used Out-of-Competition in a context unrelated to sport performance; the Athlete does not promptly admit the anti-doping rule violation as alleged; the Athlete does provide Substantial Assistance.

Application of Consequences:

1. The starting point would be Article 10.2. Because the Anti-Doping organisation can establish that the anti-doping rule violation was committed intentionally and the Athlete is unable to establish that the substance was permitted Out-of-Competition and the Use was unrelated to the Athlete’s sport performance (Article 10.2.3), the period of Ineligibility would be four years (Article 10.2.1.2).

2. Because the violation was intentional, there is no room for a reduction based on Fault (no application of Articles 10.4 and 10.5). Based on Substantial Assistance, the sanction could be suspended by up to three-quarters of the four years.* The minimum period of Ineligibility would thus be one year.

3. Under Article 10.11, the period of Ineligibility would start on the date of the final hearing decision.

4. Since the Adverse Analytical Finding was committed in a Competition, the panel would automatically Disqualify the result obtained in the Competition.

5. According to Article 10.8, all results obtained by the Athlete subsequent to the date of Sample collection until the start of the period of Ineligibility would also be Disqualified unless fairness requires otherwise.

6. The information referred to in Article 14.3.2 must be Publicly Disclosed, unless the Athlete is a Minor, since this is a mandatory part of each sanction (Article 10.13).

7. The Athlete is not allowed to participate in any capacity in a Competition or other sport-related activity under the authority of any Signatory or its affiliates during the Athlete’s period of Ineligibility (Article 10.12.1). However, the Athlete may return to train with a team or to use the facilities of a club or other member organisation of a Signatory or its affiliates during the shorter of: (a) the last two months of the Athlete’s period of Ineligibility, or (b) the last one-quarter of the period of Ineligibility imposed (Article 10.12.2). Thus, the Athlete would be allowed to return to training two months before the end of the period of Ineligibility.

EXAMPLE 3.

Facts: An Adverse Analytical Finding results from the presence of an anabolic steroid in an Out-of-Competition test (Article 2.1); the Athlete establishes No Significant Fault or Negligence; the Athlete also establishes that the Adverse Analytical Finding was caused by a Contaminated Product.

Application of Consequences:

1. The starting point would be Article 10.2. Because the Athlete can establish through corroborating evidence that he did not commit the anti-doping rule violation intentionally, i.e., he had No Significant Fault in Using a Contaminated Product (Articles 10.2.1.1 and 10.2.3), the period of Ineligibility would be two years (Articles 10.2.2).

2. In a second step, the panel would analyse the Fault-related possibilities for reductions (Articles 10.4 and 10.5). Since the Athlete can establish that the anti-doping rule violation was caused by a Contaminated Product and that he acted with No Significant Fault or Negligence based on Article 10.5.1.2, the applicable range for the period of Ineligibility would be reduced to a range of two years to a reprimand. The panel would determine the period of Ineligibility within this range, based on the Athlete’s degree of Fault. (Assume for purposes of illustration in this example that the panel would otherwise impose a period of Ineligibility of four months.)

3. According to Article 10.8, all results obtained by the Athlete subsequent to the date of Sample collection until the start of the period of Ineligibility would be Disqualified unless fairness requires otherwise.

4. The information referred to in Article 14.3.2 must be Publicly Disclosed, unless the Athlete is a Minor, since this is a mandatory part of each sanction (Article 10.13).

5. The Athlete is not allowed to participate in any capacity in a Competition or other sport-related activity under the authority of any Signatory or its affiliates during the Athlete’s period of Ineligibility (Article 10.12.1). However, the Athlete may return to train with a team or to use the facilities of a club or other member organisation of a Signatory or its affiliates during the shorter of: (a) the last two months of the Athlete’s period of Ineligibility, or (b) the last one-quarter of the period of Ineligibility imposed (Article 10.12.2). Thus, the Athlete would be allowed to return to training one month before the end of the period of Ineligibility.

EXAMPLE 4.

Facts: An Athlete who has never had an Adverse Analytical Finding or been confronted with an anti-doping rule violation spontaneously admits that she Used an anabolic steroid to enhance her performance. The Athlete also provides Substantial Assistance.

Application of Consequences:

1. Since the violation was intentional, Article 10.2.1 would be applicable and the basic period of Ineligibility imposed would be four years.

2. There is no room for Fault-related reductions of the period of Ineligibility (no application of Articles 10.4 and 10.5).

3. Based on the Athlete’s spontaneous admission (Article 10.6.2) alone, the period of Ineligibility could be reduced by up to one-half of the four years. Based on the Athlete’s Substantial Assistance (Article 10.6.1) alone, the period of Ineligibility could be suspended up to three-quarters of the four years.* Under Article 10.6.4, in considering the spontaneous admission and Substantial Assistance together, the most the sanction could be reduced or suspended would be up to three-quarters of the four years. The minimum period of Ineligibility would be one year.

4. The period of Ineligibility, in principle, starts on the day of the final hearing decision (Article 10.11). If the spontaneous admission is factored into the reduction of the period of Ineligibility, an early start of the period of Ineligibility under Article 10.11.2 would not be permitted. The provision seeks to prevent an Athlete from benefitting twice from the same set of circumstances. However, if the period of Ineligibility was suspended solely on the basis of Substantial Assistance, Article 10.11.2 may still be applied, and the period of Ineligibility started as early as the Athlete’s last Use of the anabolic steroid.

5. According to Article 10.8, all results obtained by the Athlete subsequent to the date of the anti-doping rule violation until the start of the period of Ineligibility would be Disqualified unless fairness requires otherwise.

6. The information referred to in Article 14.3.2 must be Publicly Disclosed, unless the Athlete is a Minor, since this is a mandatory part of each sanction (Article 10.13).

7. The Athlete is not allowed to participate in any capacity in a Competition or other sport-related activity under the authority of any Signatory or its affiliates during the Athlete’s period of Ineligibility (Article 10.12.1). However, the Athlete may return to train with a team or to use the facilities of a club or other member organisation of a Signatory or its affiliates during the shorter of: (a) the last two months of the Athlete’s period of Ineligibility, or (b) the last one-quarter of the period of Ineligibility imposed (Article 10.12.2). Thus, the Athlete would be allowed to return to training two months before the end of the period of Ineligibility.

EXAMPLE 5.

Facts:

An Athlete Support Person helps to circumvent a period of Ineligibility imposed on an Athlete by entering him into a Competition under a false name. The Athlete Support Person comes forward with this anti-doping rule violation (Article 2.9) spontaneously before being notified of an anti-doping rule violation by an Anti-Doping organisation.

Application of Consequences:

1. According to Article 10.3.4, the period of Ineligibility would be from two up to four years, depending on the seriousness of the violation. (Assume for purposes of illustration in this example that the panel would otherwise impose a period of Ineligibility of three years.)

2. There is no room for Fault-related reductions since intent is an element of the anti-doping rule violation in Article 2.9 (see comment to Article 10.5.2).

3. According to Article 10.6.2, provided that the admission is the only reliable evidence, the period of Ineligibility may be reduced down to one-half. (Assume for purposes of illustration in this example that the panel would impose a period of Ineligibility of 18 months.)

4. The information referred to in Article 14.3.2 must be Publicly Disclosed unless the Athlete Support Person is a Minor, since this is a mandatory part of each sanction (Article 10.13).

EXAMPLE 6.

Facts: An Athlete was sanctioned for a first anti-doping rule violation with a period of Ineligibility of 14 months, of which four months were suspended because of Substantial Assistance. Now, the Athlete commits a second anti-doping rule violation resulting from the presence of a stimulant which is not a Specified Substance in an In-Competition test (Article 2.1); the Athlete establishes No Significant Fault or Negligence; and the Athlete provided Substantial Assistance. If this were a first violation, the panel would sanction the Athlete with a period of Ineligibility of 16 months and suspend six months for Substantial Assistance.

Application of Consequences:

1. Article 10.7 is applicable to the second anti-doping rule violation because Article 10.7.4.1 and Article 10.7.5 apply.

2. Under Article 10.7.1, the period of Ineligibility would be the greater of:

(a) six months;
(b) one-half of the period of Ineligibility imposed for the first anti-doping rule violation without taking into account any reduction under Article 10.6 (in this example, that would equal one-half of 14 months, which is seven months); or
(c) twice the period of Ineligibility otherwise applicable to the second anti-doping rule violation treated as if it were a first violation, without taking into account any reduction under Article 10.6 (in this example, that would equal two times 16 months, which is 32 months).

Thus, the period of Ineligibility for the second violation would be the greater of (a), (b) and (c), which is a period of Ineligibility of 32 months.

3. In a next step, the panel would assess the possibility for suspension or reduction under Article 10.6 (non-Fault-related reductions). In the case of the second violation, only Article 10.6.1 (Substantial Assistance) applies. Based on Substantial Assistance, the period of Ineligibility could be suspended by three-quarters of 32 months.* The minimum period of Ineligibility would thus be eight months. (Assume for purposes of illustration in this example that the panel suspends eight months of the period of Ineligibility for Substantial Assistance, thus reducing the period of Ineligibility imposed to two years.)

4. Since the Adverse Analytical Finding was committed in a Competition, the panel would automatically Disqualify the result obtained in the Competition.

5. According to Article 10.8, all results obtained by the Athlete subsequent to the date of Sample collection until the start of the period of Ineligibility would also be Disqualified unless fairness requires otherwise.

6. The information referred to in Article 14.3.2 must be Publicly Disclosed, unless the Athlete is a Minor, since this is a mandatory part of each sanction (Article 10.13).

7. The Athlete is not allowed to participate in any capacity in a Competition or other sport-related activity under the authority of any Signatory or its affiliates during the Athlete’s period of Ineligibility (Article 10.12.1). However, the Athlete may return to train with a team or to use the facilities of a club or other member organisation of a Signatory or its affiliates during the shorter of: (a) the last two months of the Athlete’s period of Ineligibility, or (b) the last one-quarter of the period of Ineligibility imposed (Article 10.12.2). Thus, the Athlete would be allowed to return to training two months before the end of the period of Ineligibility
______________________________

* Upon the approval of WADA in exceptional circumstances, the maximum suspension of the period of Ineligibility for Substantial Assistance may be greater than three-quarters, and reporting and publication may be delayed.

APPENDIX 3 Consent Form

As a member of [National Federation] and/or a participant in an event Authorised or recognised by [National Federation or International Federation], I hereby declare as follows:

I acknowledge that I am bound by, and confirm that I shall comply with, all of the provisions of WBSC Anti-Doping Rules (as amended from time to time) and the International Standards issued by the World Anti-Doping Agency and published on its website.

I acknowledge the authority of WBSC [and its member National Federations and/or National Anti-Doping organisations] under the WBSC Anti-Doping Rules to enforce, to manage results under, and to impose sanctions in accordance with, the WBSC Anti-Doping Rules.

I also acknowledge and agree that any dispute arising out of a decision made pursuant to the WBSC Anti-Doping Rules, after exhaustion of the process expressly provided for in the WBSC Anti-Doping Rules, may be appealed exclusively as provided in Article 13 of the WBSC Anti-Doping Rules to an appellate body for final and binding arbitration, which in the case of International-Level Athletes is the Court of Arbitration for Sport (CAS).

I acknowledge and agree that the decisions of the arbitral appellate body referenced above shall be final and enforceable, and that I will not bring any claim, arbitration, lawsuit or litigation in any other court or tribunal.

I have read and understand the present declaration.

_____________________________
Date

_____________________________
Print Name (Last Name, First Name)

_____________________________
Date of Birth (Day/Month/Year)

_____________________________
Signature (or, if a minor, signature of legal guardian)

CHAPTER I – GENERAL CONDITIONS

ARTICLE 1. GENERAL CONDITIONS

1.1 The election and ratification procedures for positions on the WBSC Executive Board and on the Division Boards (Baseball Division, BD, and Softball Division, SD) shall be conducted in the WBSC Congresses and respective Division Meetings held in the year immediately after the Summer Olympic Games (first year of the Olympic Cycle). An election or ratification procedure can take place at another Congress should a vacancy arise on the WBSC Executive Board or on the Division Boards.

1.2 The election and ratification procedures outlined under these By-Laws shall be under the control of the WBSC Legal Commission, who shall apply these procedures in strict accordance with these By-Laws.

1.3 Any dispute in regard to the interpretation of the election and ratification By-Laws, as it affects the “specific moment of the elections” (that is, from the moment of the actual distribution of ballot papers to immediately after the announcement of the vote count), shall be determined by the WBSC Legal Commission. A Member Federation may appeal a decision of the WBSC Legal Commission in regard to the interpretation of matters during the “specific moment of the elections” to the WBSC Congress / BD Biennial Meeting / SD Biennial Meeting at the particular time. No other appeal shall be permitted at this particular moment concerning the election process.

1.4 Subject to Article 1.3 of these By-Laws above, a Member Federation may appeal the decision of the WBSC Legal Commission in regard to the interpretation of the election or ratification By-Laws by appealing to the Court of Arbitration for Sport in Lausanne, Switzerland. By the mere fact of participating in the election process, the Member Federations accept the competence of the Court of Arbitration for Sport, in regard to the previous paragraph, excluding all recourse to ordinary courts.

ARTICLE 2. POSITIONS CONCERNED BY ELECTIONS

2.1 In the WBSC Executive Board, the following are the positions that are subject to an election in accordance with these By-Laws:

  • President
  • Secretary General
  • Treasurer
  • First Member At-Large for Baseball
  • Second Member At-Large for Baseball
  • First Member At-Large for Softball
  • Second Member At-Large for Softball

2.2 In each of the Division Boards, the following are the positions that are subject to an election in accordance with these By-Laws:

  • Chairman
  • First Vice Chairman
  • Second Vice Chairman
  • Treasurer
  • First Member At-Large
  • Second Member At-Large
  • Third Member At-Large

ARTICLE 3. POSITIONS CONCERNED BY RATIFICATION

3.1 In the WBSC Executive Board, the following are the positions that are subject to be ratified in accordance with these By-Laws:

  • Executive Vice President for Baseball
  • Executive Vice President for Softball
  • Vice President for Baseball
  • Vice President for Softball
  • Athlete Representative for Baseball
  • Athlete Representative for Softball

3.2 In each of the Division Boards, the following are the positions that are subject to be ratified in accordance with these By-Laws:

  • Continental Representative for Africa
  • Continental Representative for Americas
  • Continental Representative for Asia
  • Continental Representative for Europe
  • Continental Representative for Oceania
  • Athletes’ Representative for Men’s Baseball and Women’s Baseball
  • Athletes’ Representative for Men’s Softball and Women’s Softball

CHAPTER II – NOMINATIONS

ARTICLE 4. NOMINATIONS

4.1 At least sixty (60) days prior to the opening date of the Congress, the WBSC Executive Director shall inform all Member Federations of the positions that are due for election and shall invite nominations for those positions, to close with the WBSC Executive Director, no later than at least thirty (30) days prior to the first day of the Congress. The closing time and date shall be clearly specified.

4.2 In regard to the calling of nominations, the following shall be the nomination procedure:

  • nominations can only be made by National Federations (see Article 4.3).
  • a National Federation has the right to nominate one person for any elected position. Nominations may be made for more than one position.
  • all nominations shall be in writing and must clearly state the position, or positions, for which a person or persons is being nominated.
  • the nomination must include the name of the nominating Member Federation and must be signed by the President or the Secretary General of that National Federation.
  • the nomination assumes that the person being nominated is willing to be elected and will abide by the WBSC Statutes, Code of the Divisions, By-Laws, Rules and Regulations, both during the election process and in the event that that person shall be elected.

4.3 Only Member Federations in good financial standing may nominate a person for election. To be in good financial standing, a Member Federation must be a current financial member with no fees or dues outstanding prior to the year of the elections, or have a prior written agreement with the WBSC concerning the payment of outstanding fees or dues. Furthermore, such a Member Federation must not be under suspension or disqualification.

4.4 In the case where no nominations have been received in accordance with these By-Laws, or where a nominee withdraws his or her nomination, thereby resulting in no nomination existing for a particular position, the WBSC Legal Commission at the appropriate order as outlined in these By-Laws, shall call for nominations from the Congress or the respective Biennial Meeting for that position. An individual may be nominated for a position only by National Federations and only an Accredited Delegate shall make such a nomination; there may be more than one such nomination for a position. Once nominations for that position have been received from the Congress, the election procedures outlined above shall continue.

4.5 If no individual receives the required majority of votes cast after exhaustion of the process set out in Article 7 and there are no additional nominations from the floor, then the WBSC Legal Commission shall declare that position vacant and that position shall be filled as provided for in Article 13.

4.6 A National Federation, which governs only Baseball in its country, shall send nominations only for the WBSC Executive Board and the Baseball Division Board using separate documents as indicated by the WBSC Executive Director in a timely manner.

A National Federation which governs only Softball in its country shall send nominations only for the WBSC Executive Board and the Softball Division Board using separate documents as indicated by the WBSC Executive Director in a timely manner.

A National Federation which governs both Baseball and Softball in its country shall send nominations for all three Executive bodies using separate documents as indicated by the WBSC Executive Director in a timely manner.

CHAPTER III – ELECTIONS

ARTICLE 5. PRELIMINARY PROCESS PRIOR TO THE ELECTIONS

5.1 The WBSC Congress shall elect the positions for the WBSC Executive Board.

5.2 Each Biennial Meeting shall elect the positions for each Division Board respectively.

5.3 The election process shall be as follows:

5.3.1 The President/Chairman of each Congress or Biennial Meeting shall declare “vacant” all positions on the respective Executive body and its members shall vacate the official table/dais.

5.3.2 After 5.3.1, the WBSC Legal Commission shall take control of each Congress/Biennial Meeting for the period of the election process. In the case where a member of the WBSC Legal Commission is nominated for any position on any Executive body, that person shall be replaced on the WBSC Legal Commission by another person, appointed by the WBSC Executive Board, from outside of the WBSC Executive Board.

5.3.3 The WBSC Legal Commission shall confirm the number of Member Federations that are eligible to vote, in accordance with these By-Laws, and shall explain the election procedure to the delegates of each Congress/Biennial Meeting.

5.3.4 All positions to be elected shall be elected by secret ballot in order of precedence as outlined above, under Article 2.

5.3.5 The WBSC Legal Commission shall conduct the elections for each position one at a time, and complete each election process for each position, prior to proceeding to the election of the next position.

5.3.6 The WBSC Legal Commission shall ensure that there is one location in the meeting room where there are at least two (2) private voting positions where delegates may complete their ballot paper in total privacy, prior to lodging their ballot paper in the appropriate ballot box under the control of the WBSC Legal Commission.

ARTICLE 6. ELIGIBILITY TO VOTE

6.1 In order to be eligible to vote a Member Federation must be in good financial standing in accordance with Article 4.3 of these By-Laws.

ARTICLE 7. THE VOTING PROCEDURE

7.1 The following is the procedure to apply in each and every position, for each of the three Executive bodies and by each respective Congress/Biennial Meeting.

7.2 The WBSC Legal Commission shall announce the election of each position, for example “Election of the President”, and it shall ensure that the meeting room of the Congress/Biennial Meeting is secure, with no person being allowed entry or exit during the voting procedure and process for that particular position.

7.3 The WBSC Legal Commission shall read aloud the list of candidates nominated for that particular position and shall display the list in writing on a large display board in alphabetical order of surname.

7.4 In the case where more than one nomination has been made for a position, the voting procedure shall be as follows:

7.4.1 The WBSC Legal Commission shall ensure that the ballot paper to be distributed shall have the surname of each candidate listed in alphabetical order as it appears on the display board.

7.4.2 The WBSC Legal Commission shall read out, in alphabetical order, the Member Federations that are present and eligible to cast a vote and one (1) of the official delegates for that Member Federation shall collect from the WBSC Legal Commission a ballot paper.

7.4.3 The delegate shall then proceed to the voting position and complete the ballot paper.

7.4.4 The delegate shall then return the ballot paper to the ballot box, which at all times shall be under the complete control and supervision of the WBSC Legal Commission.

7.4.5 Each Member Federation shall be entitled to the following votes:

  • at the WBSC Congress, only Baseball National Federations shall be entitled to only one (1) vote; only Softball National Federations shall be entitled to only one (1) vote; National Federations that govern both Baseball and Softball shall be entitled to two (2) votes (expressed by one (1) or two (2) separate delegates).
  • at the Baseball Division Biennial Meeting, only Baseball National Federations shall be entitled to only one (1) vote; National Federations that govern both Baseball and Softball shall be entitled to one (1) vote (expressed by only one (1) delegate).
  • at the Softball Division Biennial Meeting, only Softball National Federations shall be entitled to only one (1) vote; National Federations that govern both Baseball and Softball shall be entitled to one (1) vote (expressed by only one (1) delegate).

7.4.6 The delegate shall complete the ballot paper by placing a cross or a tick in the box corresponding to the person for whom the Member Federation wish to vote.

7.4.7 A ballot paper shall be declared invalid if:

  • more than one cross or tick appears on the ballot paper indicating more than one person or if it does not clearly indicate the single candidate for whom the delegate wishes to vote.
  • the ballot paper bears marks or erasers of such a nature as to prevent the WBSC Legal Commission from clearly determining the person for whom the delegate intended to vote.
  • the ballot paper bears marks or words identifying the person or the Member Federation casting the vote.

7.4.8 At the conclusion of this process for a particular position, the WBSC Legal Commission shall declare closed the voting procedure for that particular position and shall proceed to the counting of votes in accordance with Article 8.

7.4.9 Under no circumstances shall the meeting room of the Congress/Biennial Meeting be opened to allow entry or exit of persons or delegates until the total process, including the counting of all votes and the announcement of the elected candidate has been completed.

7.5 In the case where there has been no nomination for the position or whereby a person nominated has withdrawn his or her nomination, thereby resulting in no nomination existing for a particular position, Article 4.4 shall apply.

ARTICLE 8. COUNTING OF THE VOTES

8.1 After the voting procedures [see Article 7] have been completed, the WBSC Legal Commission shall count the votes and proceed as follows:

8.1.1 If a candidate obtains an absolute majority of valid votes cast (that is, more than 50% of valid votes cast), that person is elected.

8.1.2 If no candidate wins an absolute majority at the first vote, the candidate with the least number of votes shall be deleted from the list of candidates and the voting procedure shall be repeated in accordance with the above, until such time as only one (1) candidate receives an absolute majority.

8.1.3 In the case where there are four (4) or more candidates and two (2) of them receive an equal number of votes in the last position, then those two (2) candidates shall be deleted from the list of candidates and the voting procedure shall be repeated in accordance with the above until such time as only one (1) candidate receives an absolute majority.

8.1.4 In the case where there are three (3) candidates or only three (3) candidates are remaining and two (2) of them receive an equal number of votes in the last position, then a further vote shall be held between these two (2) candidates that finished equally last to determine which one (1) of these candidates shall be deleted.

8.1.5 If, after the second vote, any tied vote remains tied, the WBSC Legal Commission shall call a recess of the Congress/Biennial Meeting for fifteen (15) minutes, after which a third vote shall be conducted.

8.1.6 If, after the third vote, the vote remains tied, the WBSC Legal Commission shall determine the matter by the toss of a coin. However, for the election of the President only, if after the third vote the vote remains tied, the voting shall be repeated until one (1) candidate receives an absolute majority.

8.2 When one (1) candidate has received an absolute majority of votes, the results shall be publicly announced by the WBSC Legal Commission, who shall record the vote and certify the result.

8.3 It is only after the announcement of the person properly elected that the meeting room can be opened for the entry and exit of delegates and accredited persons.

8.4 For a position where there is only one (1) candidate, that candidate is elected. The WBSC Legal Commission shall request an open vote of the Congress/Biennial Meeting for the record and shall declare the candidate elected. The result of the vote shall be publicly declared in accordance with the previous Articles.

ARTICLE 9. OATH OF OFFICE

9.1 At the conclusion of the election and ratification process for all positions, the elected members, together with the ratified members, shall swear the Oath of Office and take their position immediately.

9.2 No person elected or ratified can take their position on the respective Executive body unless that person has taken the Oath of Office.

9.3 If a person elected to a position on the respective Executive body is not present at the Congress/Biennial Meeting, he or she must take the Oath of Office at the WBSC Headquarters in front of the President and one witness, or at a subsequent meeting of the respective Congress/Biennial Meeting or the respective Executive body.

9.4 If the Oath of Office is not taken within a period of one (1) year of the election taking place, the position shall be declared vacant and another election for the position shall be held in accordance with these By-Laws.

9.5 The Oath of Office shall be as follows:
“I, (name of person) having been duly elected by this Congress/Biennial Meeting, accept the duties and responsibilities of my position and swear to carry out the letter and the spirit of the Statutes of the World Baseball Softball Confederation with integrity and loyalty”.

9.6 After the Oath of Office, all the elected people shall stand in front of the Congress/Biennial Meeting and the WBSC anthem shall be played.

9.7 The elected people at the Baseball Division Biennial Meeting and the elected people at the Softball Division Biennial Meeting shall be introduced to the WBSC Congress.

CHAPTER IV – VARIOUS DISPOSITIONS REGARDING ELECTED POSITIONS

ARTICLE 10. TERM OF OFFICE

10.1 All the elected positions on the WBSC Executive bodies shall be for a period of four (4) years, commencing immediately after the elections have been concluded and ceasing immediately prior to the next elections being held.

10.2 The term of office shall only be reduced by the resignation by the individual Member or through the removal of the Member in accordance with the WBSC Statutes and By-Laws.

ARTICLE 11. ATTENDANCE AT MEETINGS

11.1 In the event that a Member of the Executive fails to attend two (2) consecutive meetings of the Executive without such absence being approved by the Executive, such Member shall be deemed to have resigned his or her position on the respective Executive body.

ARTICLE 12. SUSPENSION FROM OFFICE

12.1 Any Member of the Executive bodies (whether the Member is an elected Member or a ratified Member) may be suspended from his or her position on a vote in favour of two-thirds (2/3rds) or more of his or her Executive body present at a duly constituted meeting. The affected Member is not eligible to vote.

12.2 Prior to the respective Executive body considering the suspension of a Member, the procedures outlined in the By-Laws regarding Disciplinary Matters affecting an individual person shall be instigated.

12.3 The grounds for the removal of an Executive Member are as follows:

12.3.1 Failure to properly discharge his or her duties under WBSC Statutes and By-Laws.

12.3.2 The conviction of a criminal offence that in his or her country would result in the imposition of a monetary fine or a term of imprisonment, or the insolvency, bankruptcy or disqualification to serve as a director of a company of such person.

12.3.3 The commission or omission of an act that brings WBSC, Baseball or Softball into disrepute.

12.3.4 The incapacity of the individual involved.

12.4 The Member of the Executive body subject to removal shall be timely notified of the receipt of any such motion for removal.

12.5 In the case of a removal, the provisions for election of individuals in the event of a vacancy shall apply. In the case of a suspension, the individual shall be suspended from all activities as regards his or her position and may not take part in any activities or deliberations of any Executive body, in accordance with the terms of the suspension.

ARTICLE 13. VACANCY

13.1 In the event that a member of one Executive body resigns, dies, or is deemed to have resigned, or is removed from office, the respective Executive body may, at its absolute discretion, decide to appoint another person from within or from outside the Executive Board itself, to fill the positions vacant if it is important that such a position be filled. If in the course of his or her tenure, a particular Athletes Representative loses his or her position, the WBSC Athletes Commission will seek for a possible substitute.

13.2 Should a person from within an Executive body be appointed to fill another vacancy within such Executive body, such a person shall only have one (1) vote, even if that person occupies two (2) positions, except for the situation to apply per Article 14.

13.3 Should an Executive body make such a temporary appointment, that appointment shall be for a period up to the next respective Congress/Biennial Meeting, where the position shall be filled in accordance with these By-Laws.

13.4 If an Executive body determines that the position need not be filled, the position can remain vacant, and an election for that position shall be held in accordance with the procedures outlined in these By-Laws at the next respective Congress/Biennial Meeting. Should a person from outside of an Executive body be appointed to a vacancy within such Executive body, such a person shall have no vote.

ARTICLE 14. VACANCY OF THE POSITION OF PRESIDENT

14.1 In the case the position of President of the WBSC becomes vacant, then the WBSC Protocol List shall apply and the appointed person shall become the Acting President.

14.2 In the case the position of Chairman of the Baseball or Softball Division Board becomes vacant, then the WBSC Protocol List shall apply and the appointed person shall become the Acting Chairman.

14.3 In this situation, the Acting President/Chairman shall arrange to have an Extraordinary Congress/Members’ Meeting called, to be held within one hundred twenty (120) days of the position becoming vacant and to have the position of President/Chairman subject to elections in accordance with these By-Laws.

ARTICLE 15. POWERS OF THE ACTING PRESIDENT/CHAIRMAN

15.1 Further to Clause 14, the “Acting President/Chairman” shall retain his or her original position, but shall have only one (1) vote within the respective Executive body. In the case of a tied vote, the Acting President/Chairman shall have the casting vote.

ARTICLE 16. NATIONALITY OF ELECTED MEMBERS

16.1 In the case of elected positions as outlined under Article 2 of these By-Laws, each elected Member shall be from different Member Federations, Associations or Organisations of the WBSC.

CHAPTER V – VARIOUS DISPOSITIONS REGARDING RATIFIED POSITIONS

ARTICLE 17. POSITIONS

17.1 During the Congress/Biennial Meetings held in the year immediately after the Summer Olympic Games, the positions listed in Article 3 shall be subject to ratification by each respective Congress/Biennial Meetings.

17.2 The Vice Presidents shall be International Olympic Committee members and shall be nominated and appointed by the relevant Division Board. He or she shall hold only one Office at a time and their ratification is by the WBSC Congress.

17.3 The Executive Vice Presidents shall be the Chairman of each respective Baseball and Softball Division or such other person who may be nominated and appointed by the Board of the relevant Division (in case the Chairman already has a position in the WBSC Executive Board), and their ratification is by the WBSC Congress.

17.4 The Athlete Representatives shall be elected during an election year by eligible players. Such eligibility shall be determined by the Baseball and Softball Divisions respectively pursuant to standards which shall have been established by the Board and the WBSC Athletes’ Commission, in accordance with election process and procedure determined by the Baseball and Softball Divisions respectively and approved by the WBSC Executive Board. The voting for Athlete Representatives is to be conducted by and within each of the Baseball and Softball Divisions. The term of an Athlete Representative on the Executive Board shall be four (4) years.

17.5 The WBSC Executive Board shall have the authority to fill any vacancy, which occurs through death or resignation of any Member of the Executive Board, except for Athlete Representatives. Should a vacancy occur in an Athlete Representative position, the Executive Board shall establish a mechanism, if necessary, for the eligible athletes to elect a replacement. The person elected shall serve until the expiration of the term of office for which the person has been elected.

ARTICLE 18. THE RATIFICATION PROCESS

18.1 The ratification process shall commence immediately after the elections of Members of the Executive bodies. Each Congress/Biennial Meeting shall ratify its respective positions.

18.2 The WBSC Legal Commission shall take control of the Congress/Biennial Meeting for the period of the election of the ratification process. In the case where a member of the WBSC Legal Commission is nominated for any position on any Executive body, that person shall be replaced on the WBSC Legal Commission by another person, appointed by the WBSC Executive Board, from outside of the WBSC Executive Board (as already provided by Article 5.4.2).

18.3 Prior to the ratification process, each responsible body shall nominate every appointed person and shall advise the WBSC Legal Commission of the nominee for that ratified position. Such nominations shall be in writing and shall be signed by the President or Chairman of each responsible body making that nomination.

18.4 The President of the WBSC shall announce the names of the positions to be ratified in front of the WBSC Congress and seek for final ratification.

ARTICLE 19. VACANCY

19.1 If in the course of his or her tenure, a particular Executive Vice President of the WBSC Executive Board loses his or her position on the Baseball or Softball Division Board, that person will automatically cease to act in his or her capacity as Executive Vice President on the WBSC Executive Board.

19.2 If in the course of his or her tenure, a particular Vice President of the WBSC Executive Board loses his or her position, the WBSC Executive Board will seek for a possible substitute.

19.3 If in the course of his or her tenure, a particular Athletes Representative of the WBSC Executive Board loses his or her position, the WBSC Athletes Commission will seek for a possible substitute.

19.4 If in the course of his or her tenure, a particular Continental Representative loses his or her position on the Continental Executive body of his or her particular Continental Association, that person will automatically cease to act in his or her capacity as Continental Representative on the respective Division Board. The position so vacated shall be provisionally filled by nomination of the Continental Association, through its President, of a person nominated by that Continental Association.

19.5 All such appointments shall be subject to the ratification process at the next available Congress/Biennial Meeting.

19.6 During the period of the vacancy that has been filled by a substitute, and until the time that that particular person is ratified in the position, the position shall only be filled on a provisional basis and the person filling that position shall have no vote on the respective Executive body.

ARTICLE 20. SUSPENSION FROM OFFICE

20.1 Any Member of the Executive bodies (whether the Member is an elected Member or a ratified Member) may be suspended from his or her position as per Article 12.1.

ARTICLE 21. NATIONALITY OF RATIFIED MEMBERS

21.1 In the case of ratified positions as outlined under Article 3 of these By-Laws, each ratified Member shall be from different Member Federations, Associations or Organisations of the WBSC.

CHAPTER I – GENERAL PRINCIPLES OF CONDUCT

ARTICLE 1. AUTHORITY

1.1 The WBSC may take disciplinary measures against a Member Federation or an individual representing a Federation or the WBSC itself in the following instances:

1.1.1 A violation of the Statutes of the WBSC.

1.1.2 A violation or failure to observe the By-Laws, Rules and Regulations of the WBSC.

1.1.3 Proven conduct that damages the image, prestige and authority of the WBSC.

1.1.4 Reprehensible conduct during official competitions or activities of the WBSC or outside of them.

1.1.5 Failure to observe the agreements and decisions of the Governing Organs of the WBSC.

1.1.6 Repeated failure to meet the responsibilities and obligations of their position.

1.1.7 Commission of serious offences against sporting morals and ethics.

1.1.8 Failure to observe the Principles and Rules set out in the Code of Ethics of the WBSC.

1.1.9 Failure to observe the Anti-Doping Regulations of the WBSC.

ARTICLE 2. LEGAL PROCEEDINGS AND PENALTIES AFFECTING A MEMBER FEDERATION, ASSOCIATION OR ORGANISATION OF THE WBSC

2.1 If the Executive Board of the WBSC becomes aware of an alleged violation for any of the reasons given in the previous section, it must gather the necessary additional information before taking a decision or, should it consider that the items available to it are sufficient to do so, make a ruling on the matter.

2.2 If the Executive Board considers that the seriousness of the case does not warrant the application of a disciplinary measure, said decision must be recorded in the official Minutes of the meeting in which the matter was discussed.

2.3 If the Executive Board considers that the information it has available is sufficient and that the facts of the case have been reliably proven, it shall take a decision about the disciplinary measure to be applied.

2.4 If the Executive Board decides that additional information and further analysis are required, it shall appoint a panel of up to three (3) independent persons who are either members or not members of the Executive Board and who are of a different nationality to the persons concerned, to examine the case and make a recommendation to the Executive Board. It shall designate one of the panel members to be coordinator.

2.4.1 At the same time as the case is submitted to the panel, the Executive shall officially notify the Member Federation involved in the alleged violation of the nature of the matter and that the investigation process has begun. The Member Federation must submit the materials or proof requested to the panel, along with any other items it considers germane to the case.

2.4.2 The panel has sixty (60) calendar days after its appointment to complete the process and submit its recommendations to the Executive Board, which shall make a ruling on the matter, inform the Member Federation concerned of the results of the investigation and invite it to submit any new items that it considers appropriate. If so requested, it may give the Member Federation the opportunity to address the Executive Board in person, to express its arguments and considerations.

2.4.3 After reviewing the case, the Executive Board shall take a decision about the application of penalties as defined in these Rules. The penalty shall be applied with immediate effect.

2.4.4 An appeal against the penalty applied by the Executive Board may be lodged with the next Congress of the WBSC. The appeals procedure does not affect the performance of the penalty, which takes effect from the date of official notification to the Member Federation, by fax and registered letter sent on the same date.

2.4.5 If the Member Federation to which the penalty applies intends to appeal to the Congress, it must deposit the sum of ten thousand US dollars (10.000,00 USD) at the offices of the WBSC, which will be returned if the final decision goes in its favour.

2.4.6 The decision taken by the Congress on the appeal will not modify the results of any tournaments or championships with which the disciplinary proceedings may be connected.

2.5 After the proceedings are complete, within the legal framework of the WBSC, the Member Federation may appeal against the decision of the Congress to the Court of Arbitration for Sport, provided that the said appeal is lodged within twenty-one (21) calendar days from the date of official notification.

2.6 No other proceedings or appeal to ordinary courts may be made against the decision of the Court of Arbitration for Sport.

2.7 The following penalties may be applied to a Member Federation of the WBSC:

2.7.1 Withdrawal of Member status or all or some of the rights corresponding to that status.

2.7.2 Exclusion or expulsion from Championships, Tournaments or Events of the WBSC for a specific period.

2.7.3 A fine to compensate for damages and costs or a declaration that such Member is not in Good Standing.

2.7.4 A temporary penalty or a penalty suspending any of the above.

2.7.5 A public warning before all other member countries.

2.7.6 A penalty that combines any of the above.

2.8 In every situation provided for in these Rules, the Member Federation involved in the proceedings is excluded from taking part in voting on matters connected with the case.

ARTICLE 3. LEGAL PROCEEDINGS AND PENALTIES AFFECTING AN INDIVIDUAL

3.1 The WBSC is entitled to apply disciplinary measures to an individual who is member of a Member National Federation or who comes under the jurisdiction of said National Federation, and to any individual invested with official representation in a game, tournament, competition or official activity of the WBSC. To apply a penalty to an individual, the WBSC shall proceed as indicated in the following Articles.

3.2 The Executive Board of the WBSC shall initiate disciplinary proceedings against any individual when it becomes aware of an alleged violation, either independently or through an official report or sworn statement by a competent person or authority of the WBSC, a Member Federation, Association or Organisation, or any sporting organisation, public or private-sector institution or individual that the Executive considers appropriate.

3.3 When it becomes aware of an alleged violation, the Executive Board shall take one of the following actions:

3.3.1 Decide that the seriousness of the alleged violation does not warrant the application of a disciplinary measure, in which case such a decision must be recorded in the official Minutes of the meeting.

3.3.2 Consider that the nature of the case and the information it has available are sufficient and, consequently, apply a disciplinary measure in compliance with the provisions contained in these Rules.

3.3.3 Consider that proof of the alleged violation is insufficient, thereby making it necessary to gather more information and investigate the case in depth.

3.4 If the Executive Board decides that additional information and further analysis are required, it shall appoint a panel of up to three (3) independent persons who are either members or not members of the Executive Board and who are of a different nationality to the persons concerned, to examine the case and make a recommendation to the Executive Board. It shall designate one of the panel members to be coordinator. The Executive Board shall make available to the panel all the information in its possession, on the basis of which the investigation shall begin.

3.4.1 At the same time as the case is submitted to the panel, the Executive shall officially notify the individual concerned of the nature of the matter, the alleged violation and that the investigation process has begun.

3.4.2 The individual in question has the right to submit his or her claims, documents and evidence to the panel of independent persons in the manner, on the date, and at the time and place decided.

3.4.3 The panel has sixty (60) calendar days after its appointment to complete the process and submit its recommendations to the Executive Board for a final decision.

3.4.4 The Executive Board, should it consider it necessary, shall ask the person being tried to produce any new elements or to appear in person at a meeting before taking the final decision.

3.4.5 The Executive Board takes its decision by a simple majority of its members. The disciplinary measure applied takes immediate effect as from the date of official notification to the penalised person.

3.4.6 In cases where the penalised person holds a position to which he/she was elected by the Congress and where the penalty applied involves his or her dismissal, removal, rights limitation or temporary suspension, such measure must be ratified by the Congress that comes immediately after the date when the decision was taken. If the seriousness of the violation so warrants, the Executive Board may decide on an immediate temporary penalty pending a final decision by the Congress.

3.4.7 The person in question may appeal against the penalty applied by the Congress to the Court of Arbitration for Sport so long as said appeal is lodged within twenty-one (21) calendar days from the date of official notification by fax and registered letter.

3.4.8 Within twenty-one (21) calendar days at most from the date of official notification, individuals not included in paragraph 3.4.6 may ask the Executive Board itself for a new review of their cases so long as they can provide additional elements to justify such a review.
The decision of the Executive Board shall be final.

3.4.9 Once all of the procedures provided for in these Rules have been exhausted, no other legal procedures before ordinary courts shall be permitted.

3.5 The following penalties are applicable to individuals recognised in the Rules:

3.5.1 Dismissal, removal or suspension from the position to which he/she was elected by the Congress of the WBSC.

3.5.2 Dismissal, removal or suspension from taking part in matches, competitions or official activities of the WBSC.

3.5.3 A fine commensurate with the seriousness of the violation committed and its financial implications, the sum to be determined by the Executive Board.

3.5.4 Temporary or provisional suspension from activities as an Executive of the WBSC and/or its recognised organisations.

3.5.5 Temporary limitation on holding managerial positions in the WBSC or its recognised organisations for a period determined by the Executive Board or the Congress, depending on the case.

3.5.6 A warning or any other measure considered morally or ethically appropriate by the Executive Board or the Congress.

3.5.7 A penalty that combines any of the measures described above.

3.6 In application of the procedures set out in these Rules applying to individuals, such individuals are excluded from taking part in voting on decisions connected with their case.

ARTICLE 4. NOTIFICATION AND DEADLINES

4.1 The deadlines set for the application of each of the procedures are as follows:

4.1.1 Official notification of a decision or penalty to the Member Federation or individual concerned shall be given no later than twenty-one (21) calendar days after the decision is taken, by fax and registered letter sent on the same date.

4.1.2 Any appeal against a decision or penalty must be lodged at WBSC headquarters by sixteen hundred hours (4 p.m. in Switzerland) on the first working day following the twenty-one (21) calendar days from the official notification.

ARTICLE 5. GENERAL MATTERS

5.1 Disciplinary matters shall be discussed at ordinary meetings planned in the approved annual calendars of each body. Only in exceptional cases of extreme severity will extraordinary Executive Board meetings be convened for this purpose.

5.2 The expenses incurred by disciplinary proceedings shall be met by each of the acting parties in the proportion that falls to each party.

5.3 The policies set out in the Code of Ethics of the WBSC must be observed with regard to discussion, confidentiality and professional ethics.

CHAPTER II – RULES FOR THE RESOLUTION OF DISPUTES AND LODGING OF APPEALS

The WBSC is a worldwide organisation made up of Federations, Associations and Organisations which, absolutely voluntarily and in the full knowledge of their responsibilities, abide by, respect and observe its Statutes, By-Laws, Rules and Regulations.
Individuals including athletes, coaches, umpires, officials and managers, who, in any capacity or activity, act on behalf of or represent a Member Federation or the Organs of the WBSC, recognise, accept and promise to observe all the legal provisions of the WBSC and the specific regulations of its member organisations.
Whereas, despite the goodwill, positive attitude and sense of cooperation present in the work of the Federation, conflicts and disputes arise in the normal operation of the WBSC that need to be resolved through legally well-founded and approved actions, the WBSC Executive Board sets out the following rules.

ARTICLE 6. TYPOLOGY OF DISPUTES

6.1 The jurisdictional scope of these Rules covers conflicts, disputes, differences of opinion or any other type of controversy between Federations and Organs of the WBSC or between them and governmental or non-governmental sporting organisations with which they have working links.

6.2 The Rules acknowledge the right of all members and their organs, and persons who individually act on their behalf, both inside the WBSC and in its external relations, to defend themselves and be protected by their organisation, provided that there is no violation of the Disciplinary Rules, in which case the provisions set out for that purpose will be applied.

6.3 Member Federations and organisations of the WBSC must ensure that their Statutes, Rules and Regulations and any other legal documents do not conflict with any of the WBSC’s, thereby achieving greater legislative harmony and coherence.

6.4 In cases of conflict stemming from incompatibility in terms of the approval or interpretation of legal documents between Member Federations, Associations or Organisations belonging to the WBSC, whatever the Congress or the Executive Board has legislated shall prevail, in accordance with the powers conferred on them by the Statutes.

6.5 By virtue of these Rules, in the event of a dispute, Member Federations, Associations or Organisations of the WBSC may lodge appeals where any of the following circumstances exist:

6.5.1 Disputes between two or more Member Federations.

6.5.2 Disputes between organisations and/or persons within the same Member Federation or when the parties to the dispute agree to lodge an appeal with the WBSC.

6.5.3 Contest of a decision of the Executive Board, which is not connected with an appeal procedure.

6.5.4 Disputes between a Member Federation, Association or Organisation of the WBSC and a Continental Confederation.

6.5.5 Disputes between a Federation, Association, Organisation or a Regional, Continental or International Sporting Confederation and any other organisation belonging to the Olympic Movement.

6.5.6 Disagreements in the interpretation and application of the Eligibility Rules and the Rules for Player Transfers.

6.5.7 Disputes between a Continental Association and the Executive Board.

6.6 The procedure for lodging appeals in the event of disputes provided for in these Rules is as follows:

6.6.1 Disputes between Member Federations
Where one or several Member Federations consider that their differences cannot be settled after all the available means have been exhausted, they may lodge an appeal with the Executive Board of the WBSC.
After taking cognisance of the case, the Executive Board has a period of six (6) months to take a decision. Any of the parties involved may lodge an appeal against the decision of the Executive Board with the next Congress. No appeal may be lodged against the decision of the Congress.

6.6.2 Disputes between a National Federation and a member organisation or individual member, as a result of their participation in an international activity
The member organisation or individual member may lodge an appeal with the Executive Board regarding a dispute with its National Federation so long as its petition is adequately supported with the available evidence, including the penalty or decision against which it is appealing. The Executive Board has a period of six (6) months to take a decision, against which no other type of appeal can be lodged.

6.6.3 Contest of a decision of the Executive Board
Member Federations, Associations and Organisations of the WBSC have the right to lodge an appeal against a decision of the Executive Board with the Board itself in the first instance. If they do not agree with the decision, they may appeal to the Congress, whose decision is final. The only decisions against which appeals may be lodged via this procedure concern the application or interpretation of internal legal documents, provided that they are not connected with disciplinary procedures.

6.6.3.1 Disputes between a Member Federation and a Continental Confederation
A Member Federation or Confederation may lodge an appeal with the Executive Board after having exhausted all possibilities of reaching a settlement in accordance with the Rules in force in each Confederation. The appeal must be submitted with the appropriate supporting documents. The Executive Board has a period of six (6) months from the time the appeal is lodged in which to carry out all the necessary investigations and take a decision. If any of the parties does not agree with the decision it may appeal to the Congress. The decision of the Congress is final and no appeal may be lodged against it.

6.6.3.2 Disputes between a Federation, Association, Organisation or Continental Confederation and a regional, continental, international or any other sporting organisation belonging to the Olympic Movement
Any member of the WBSC involved in a dispute with sporting organisations external to the WBSC may ask for the protection of the Executive Board.

6.6.3.3 The member lodging the appeal must submit a file to the Executive Board containing the appropriate documentation on the case, including attempts made by the national and/or regional and continental organisations of which it is a member to reach a settlement.

6.6.3.4 If necessary the Executive Board may designate one or more of its members to examine the case and submit the appropriate recommendations.

6.6.3.5 After the Executive Board has reached a position on the case, it will attempt to mediate an amicable settlement.

6.6.3.6 Should the dispute continue, the Executive Board may support the member’s claim before the Court of Arbitration for Sport, should this be considered essential to the final resolution of the case.

6.6.4 Member Federations may lodge appeals with the Executive Board when they have a sound case for considering that the eligibility rules or the rules for player transfers have been violated. In such cases, they must submit evidence, including the opinion of the Continental Confederation on the case.
The Executive Board takes a decision within six (6) months from the date the appeal was lodged. The parties to the dispute shall be notified of the decision. Should they continue to disagree, an appeal against the decision may be lodged with the Congress. No appeal may be lodged against the decision of the Congress.

6.6.5 Disputes between a Continental Association and the Executive Board:

6.6.5.1 Attempts will be made to settle any differences of opinion between the Executive Board and a Confederation in the first instance by understanding and goodwill.
However, if no agreement is reached on the dispute, the party that considers itself to be affected may lodge an appeal with the Congress.
The Executive Board, as one of the parties to the conflict, shall instruct the Legal Commission to prepare all the documentation connected with the case. Such documentation must be circulated to the parties at least thirty (30) calendar days before the date set for the start of the Congress. No appeal may be made against the decision of the Congress.

ARTICLE 7. DEADLINES AND FINANCIAL CONDITIONS

7.1 The following deadlines and financial conditions shall apply to appeals:

7.1.1 Any Member Federation, Association, Organisation, Confederation or individual that has lodged an appeal or is involved in a dispute shall receive official notification of the decision by fax and registered letter sent on the same day, from the body responsible for taking a decision on the case.

7.1.2 Once official notification has been received, the affected party may lodge an appeal with the appropriate body as defined in the Rules. Any appeal must be lodged with WBSC headquarters by sixteen hundred hours (4 p.m. in Switzerland) on the first working day following the twenty-one (21) calendar days after the official notification.

7.1.3 All expenses occasioned by the appeal proceedings shall be met by the parties to the dispute.

ARTICLE 8. GENERAL CONSIDERATIONS

8.1 All appeals lodged with the Executive Board must be accompanied by a deposit of one thousand US dollars (1.000,00 USD), which will be returned to the appellant if the decision goes in its favour.

8.2 All appeals lodged with the Congress must be accompanied by a deposit of two thousand five hundred US dollars (2.500,00 USD), which will be returned to the appellant if the decision goes in its favour.

8.3 All appeals lodged with the Court of Arbitration for Sport shall comply with the procedural rules of the CAS.

8.4 If, on examination of a dispute, the Executive Board considers that the regulations of the WBSC have been violated in such a manner as to constitute a breach of discipline, it shall proceed in accordance with the provisions contained in the Disciplinary Rules.

8.5 WBSC Headquarters shall keep on record all the files of cases that have been brought before the Executive Board or the Congress, as well as decisions and documents of interest connected with cases for which appeals were lodged with the Court of Arbitration for Sport.

CHAPTER III – RULES OF CONDUCT FOR ATHLETES, COACHES, UMPIRES, OFFICIALS AND MANAGERS IN WBSC COMPETITIONS

Athletes, coaches, umpires, officials and managers who take part in WBSC competitions and activities shall be subject to the following Rules.

ARTICLE 9. RULES

9.1 Mutual respect must be observed, and no type of physical or verbal aggression or offensive gestures towards persons or institutions is permitted.

9.2 Disciplined and orderly conduct must be observed at all times by all participants in official competitions and activities of the WBSC.

9.3 Each participant in a competition must comply with the provisions of the Anti-Doping Regulations of the WBSC; accordingly, neither trafficking in nor use of any type of medication or substance prohibited by the WBSC Medical Code is permitted.

9.4 While the game is in progress, smoking, the use of any form of tobacco and the consumption of alcoholic drinks are not permitted in the areas set aside for the participating teams, including the playing field, or in public areas with specific regulations.

9.5 Participants are under the obligation to make proper use and take care of the accommodation, training, competition and other facilities, as well as the resources and means placed at their disposal. Any damage must be materially or financially repaired by the person responsible, aside from any disciplinary measure that may stem from it.

9.6 Wearing of a uniform or regulation official clothing is the obligation of each participant, who is accountable for its proper presence and cleanliness, in keeping with the public image of the WBSC.

9.7 Umpires acting on the field and technical officials assigned to each game shall be responsible for ensuring that no one not involved in the game is on the field, and that members of the press, photographers and cameramen remain in the areas set aside for them, as stipulated in the Tournament Rules.

9.8 Umpires’ decisions must be obeyed and respected and cannot be considered valid reasons for disorder and lack of discipline. Complaints shall be made in accordance with the Tournament Rules and to the official authorities.

9.9 Participants shall cooperate as best they can with the organisers so that the competition or any other official activity takes place successfully for the good of Baseball.

9.10 The Local Organising Board is under the obligation to guarantee public discipline and order in such a way that it contributes to the successful holding of the competition. Participants shall refrain from any demonstrations liable to provoke or encourage inappropriate public conduct. According to the rules of the WBSC, any failure to comply with this point may lead to a penalty being applied to those involved.

9.11 Participants shall show the greatest respect towards the organisers, institutions and delegations representing different countries and to their official symbols.

CHAPTER I – PREAMBLE

ARTICLE 1. PREAMBLE

1.1 This draft refers to the Regulation drawn up by WBSC to apply the Ethics in the International Baseball/Softball Family and are inspired by the IOC Code of Ethics.

1.2 The World Baseball Softball Confederation and each of its members and its administration, the National Olympic Committees, the National Federations, the organisations taking part in any type of candidature procedures of the WBSC, the Organising Committees for the World Cups and any Sanctioned Events by WBSC, the participants to such events and the Recognised Organisations (hereinafter “the WBSC parties”) restate their commitment to the Olympic Charter and in particular its Fundamental Principles, and reaffirm their loyalty to the Olympic ideal inspired by Pierre de Coubertin. The WBSC parties undertake to disseminate the culture of ethics and integrity within their respective areas of competence and to serve as role models.

ARTICLE 2. SCOPE OF APPLICATION

2.1 The WBSC parties undertake to comply and ensure compliance with the WBSC Code of Ethics in the following circumstances:

2.1.1 The World Baseball Softball Confederation (WBSC), each of its members and its administration, and the National Olympic Committees (NOC) and their officials, at all times and in all circumstances;

2.1.2 All World Cups and WBSC Sanctioned Events participants, throughout each edition for which they are accredited;

2.1.3 The National Federations (NFs) and their officials, in all their relations with the WBSC;

2.1.4 The organisations and their officials taking part in any type of candidature procedures of the WBSC, throughout the procedure in question; and

2.1.5 The Organising Committees for the World Cups and the WBSC Sanctioned Events and their officials, throughout the existence of each such Committee.

2.2 The National Olympic Committees, the National Federations and the Organising Committees for all World Cups and WBSC Sanctioned Events undertake to adopt, for their internal activities, a code of ethics based on the principles and rules of the WBSC Code of Ethics, or in a written declaration to adopt the WBSC Code of Ethics.

ARTICLE 3. FUNDAMENTAL PRINCIPLES

3.1 Respect for the universal fundamental ethical principles is the foundation of the WBSC International Baseball/Softball Family and Olympism.

3.2 These include:

3.2.1 Respect for the International Baseball/Softball Family and Olympic spirit, which requires mutual understanding with a spirit of friendship, solidarity and fair play;

3.2.2 Respect of the principle of the universality and political neutrality of the International Baseball/Softball Family and Olympic Movement;

3.2.3 Maintaining harmonious relations with state authorities, while respecting the principle of autonomy as set out in the WBSC Statutes and By-Laws and the Olympic Charter;

3.2.4 Respect for international conventions on protecting human rights insofar as they apply to the activities in the World Cups and WBSC Sanctioned Events and which ensure in particular:

3.2.4.1 respect for human dignity;

3.2.4.2 rejection of discrimination of any kind on whatever grounds, be it race, colour, sex, sexual orientation, language, religion, political or other opinion, national or social origin, property, birth or other status;

3.2.4.3 rejection of all forms of harassment and abuse, be it physical, professional or sexual, and any physical or mental injuries.

3.2.5 Ensuring the participants’ conditions of safety, well-being and medical care favourable to their physical and mental equilibrium.

ARTICLE 4. INTEGRITY OF CONDUCT

4.1 The WBSC parties must use due care and diligence in fulfilling their mission. At all times, they must act with the highest degree of integrity, and particularly when taking decisions, they must act with impartiality, objectivity, independence and professionalism. They must refrain from any act involving fraud or corruption. They must not act in a manner likely to tarnish the reputation of the International Baseball/Softball Family and the Olympic Movement.

4.2 The WBSC parties or their representatives must not, directly or indirectly, solicit, accept or offer any form of remuneration or commission, nor any concealed benefit or service of any nature, connected with the World Cups and WBSC Sanctioned Events.

4.3 Only tokens of consideration or friendship of nominal value, in accordance with prevailing local customs, may be given or accepted by the WBSC or third parties. Such tokens may not lead to the impartiality and integrity of the WBSC parties being called into question. Any other form of token, object or benefit constitutes a gift, which may not be accepted, but must be passed on to the organisation of which the beneficiary is a member.

4.4 For hospitality shown to the WBSC parties, as well as those accompanying them, a sense of measure must be respected.

4.5 The WBSC parties must refrain from placing themselves in any conflict of interests, and must respect the Rules Concerning Conflicts of Interests Affecting the Behaviour of WBSC Parties.

ARTICLE 5. INTEGRITY OF COMPETITIONS

5.1 The WBSC parties shall commit to combat all forms of cheating and shall continue to undertake all the necessary measures to ensure the integrity of sports competitions.

5.2 The WBSC parties must respect the provisions of the World Anti-Doping Code and of the Olympic Movement Code on the Prevention of the Manipulation of Competitions.

5.3 All forms of participation in, or support for betting related to the World Cups and WBSC Sanctioned Events, and all forms of promotion of betting related to the World Cups and WBSC Sanctioned Events are prohibited.

5.4 Participants in the World Cups and WBSC Sanctioned Events must not, by any manner whatsoever, manipulate the course or result of a competition, or any part thereof, in a manner contrary to sporting ethics, infringe the principle of fair play or show unsporting conduct.

5.5 All members of the WBSC, which for these purposes includes Members, governing bodies, Continental Confederations, Commissions, athletes, coaches, umpires, administrators, officials and managers at any level, acknowledge and agree to abide by the literal content and the spirit of the following principles, which underpin the Code of Ethics of the World Baseball Softball Confederation:

5.5.1 To act consistently and to maintain a dignified and honourable attitude, in keeping with the great honour and responsibility that being a member and representative of the International Baseball/Softball Family means, at all times and in all circumstances.

5.5.2 To defend as their own the name of the WBSC, its symbols, its prestige and authority, and to challenge strenuously anything that goes against the attainment of its objectives and the normal operation of its activities.

5.5.3 To responsibly observe and to enforce observance of the obligations falling to them in a competition, assembly, congress or any other official activity to which they have been convened.

5.5.4 To abide by the Statutes, Rules, regulations or any other provisions or agreements of the governing organs of the WBSC and to comply in a disciplined manner with the penalties, sanctions or other disciplinary measures that have been officially imposed.

5.5.5 To display respectful, disciplined and supportive conduct, both on and off the field of play, whether in competition or training, thereby ensuring through individual and group effort that Baseball/Softball conveys at all times an educational message of solidarity and peace.

5.5.6 To show absolute respect towards spectators and supporters in general, thereby encouraging, through appropriate conduct and behaviour, their enthusiastic support, knowledge and love of Baseball/Softball.

5.5.7 To help ensure that each competition of the WBSC at any level or category takes place in a true spirit of fair play.

5.5.8 To display at all times, during competition and outside of it, a physical appearance, clothing and conduct in accordance with the rules and regulations set out by the WBSC as being required for all competitions and sporting events.

5.5.9 To support and contribute to the efforts made by the media to promote and disseminate Baseball/Softball and its results by providing honest, objective information that promotes the unity of the Baseball/Softball family and the prestige and authority of the International Federation.

5.5.10 To demonstrate an attitude of cooperation and support towards the organisers of competitions and official events under the jurisdiction of the WBSC and, in each of them, to make appropriate use of the means and resources placed at their disposal.

5.5.11 To refrain from demonstrating or accepting, in any circumstances, physical or verbal aggression or gestures that undermine physical or moral integrity or human dignity.

5.5.12 At all times, to strenuously reject any conduct that promotes, encourages or protects the use of illegal substances in sport.

5.5.13 To defend moral and ethical principles in sport by setting a personal example, taking a firm and unbending stance towards any manifestation of corruption, dishonesty or fanaticism that may arise within the WBSC or its competitions or official activities.

5.5.14 To foster feelings of friendship, companionship and solidarity among athletes, coaches, umpires, administrators, officials, managers and local authorities, expressed through absolute respect towards persons, institutions, countries and their symbols.

ARTICLE 6. GOOD GOVERNANCE AND RESOURCES

6.1 The Basic Universal Principles of Good Governance of the Olympic and Sports Movement, in particular transparency, responsibility and accountability, must be respected by all WBSC parties.

6.2 The WBSC resources of the WBSC parties must be used only for WBSC purposes.

6.3 The income and expenditure of the WBSC parties must be recorded in their accounts in accordance with generally accepted accounting principles. An independent auditor will check these accounts.

6.4 In cases where the WBSC gives financial support to WBSC parties:
a. the use of these WBSC resources for WBSC purposes must be clearly demonstrated in the accounts;
b. the accounts of the WBSC parties may be subjected to auditing by an expert designated by the WBSC Executive Board.

6.5 The WBSC parties recognise the significant contribution that broadcasters, sponsors, partners and other supporters make to the development and prestige of the World Cups and WBSC Sanctioned Events throughout the world. In order to preserve the integrity and neutrality of the various candidature procedures, the support and promotion of any of the candidatures by broadcasters, sponsors, partners and other supporters must be in a form consistent with the rules of sport and the principles defined in the Olympic Charter and the present Code. However, the WBSC TOP Sponsors and other WBSC marketing partners must refrain from supporting or promoting a candidature within any of the WBSC candidature procedures. The broadcasters, sponsors, partners and other supporters must not interfere in the running of sports organisations.

ARTICLE 7. CANDIDATURES

7.1 The WBSC parties shall respect the integrity of any candidature procedure initiated by the WBSC, in order to allow equal access to the promotion of each candidature and the refusal of any risk of conflict of interests. Out of respect for the principle of neutrality of WBSC Members, no public declaration appearing to give a favourable opinion of one of the candidatures may be made.

7.2 The WBSC parties will respect the requirements of the various procedures published by the WBSC, particularly regarding the selection of World Cups and WBSC Sanctioned Events host cities, as well as the Rules of Conduct Applicable to All Cities Wishing to Organise World Cups and WBSC Sanctioned Events (Event Host Manuals).

ARTICLE 8. CONFIDENTIALITY

8.1 The principle of confidentiality shall be strictly respected by the WBSC Ethics Commission in all its activities. It must also be strictly respected by any person concerned by the activities of the WBSC Ethics Commission.

ARTICLE 9. REPORTING OBLIGATION

9.1 The WBSC parties shall inform the WBSC Chief Ethics and Compliance Officer, in the strictest confidentiality and by using the appropriate mechanisms, in particular the WBSC Ethics and Compliance Hotline, of any information related to a violation of the WBSC Code of Ethics, with a view to possible referral to the WBSC Ethics Commission. Any disclosure of information must not be for personal gain or benefit, nor be undertaken maliciously to damage the reputation of any person or organisation.

ARTICLE 10. IMPLEMENTATION

10.1 The WBSC Ethics Commission may set out the provisions for the implementation of the present Code in a set of Implementing Provisions, subject to the approval of the WBSC Executive Board.

10.2 The WBSC Office is available to the WBSC Ethics Commission to disseminate and implement the present Code.

CHAPTER II – DIRECTIONS CONCERNING THE ELECTIONS OF THE WBSC PRESIDENT

The WBSC Ethics Commission,

considering that it is in the interest of the WBSC and the candidates for the presidency of this institution that, during the campaign (for which each candidate chooses the ways and methods that he/she intends to use), respect for the “universal fundamental ethical principles”, one of the foundations of Olympism, should prevail;

considering that it is essential that, during this campaign, equality be observed between the candidates and an atmosphere of mutual respect prevail amongst them;

considering that, without calling into question the confidence that the candidates enjoy, the drafting and publication of directions derives from the need to ensure a degree of harmonisation in their conduct and to prevent any excesses, which their supporters might in good faith be led to commit;
enacts:

ARTICLE 11. SCOPE

11.1 The present Directives apply from their publication until the end of the electoral campaign.

ARTICLE 12. GENERAL CONDUCT OF CANDIDATES

12.1 Each candidate may promote his/her candidature, subject to respecting the provisions of the present Directions.

12.2 The promotion of a candidature shall be conducted with dignity and moderation.

12.3 The conduct of the candidates shall comply with the provisions of the WBSC Code of Ethics.

ARTICLE 13. RELATIONS WITH MEMBERS OF THE CONGRESS AND NATIONAL FEDERATIONS

13.1 Candidature documentation: each candidate may present to his/her colleagues his/her plans and views as the future WBSC President, in the form of a written document, whatever the means used to distributed it. This document shall be reserved only for Members of the Congress and National Federations, and the candidates shall refrain from participating in any promotional and/or communications campaign based on their written document. A copy shall be submitted to the Ethics Commission secretariat.

13.2 Promotion: the promotion of a candidature for the WBSC presidency shall exclude any form of publicity, including the use of new media or social networks.

13.3 Trips: candidates shall limit the number of trips that they make with a view to promoting their candidature in order to avoid excessive expenditure, a factor of inequality amongst the candidates.

13.4 Meetings: no public meeting or gathering of any kind may be organised in the framework of promoting a candidature.

13.5 Assistance: no assistance, whether financial, material or in kind, be it direct or indirect, may be given to candidates by a Member of the Congress or a National Federation. If offered such assistance, the candidate concerned has the duty to refuse it and to inform the Ethics Commission accordingly.

13.6 Benefits: Candidates may in no case and under no pretext give presents, offer donations or gifts or grant advantages of whatever nature.

13.7 Promises: No candidate may enter into any promise or undertaking to be performed, whatever the timing of such performance, for the direct or indirect benefit of a Member of the Congress, a National Federation, an organisation, region or partner.

13.8 Visits: visits between candidates and members are not encouraged. Any such visits organised specifically in connection with a candidature shall be reported to the Secretary of the Ethics Commission.

13.9 Declarations: as the voting is secret, Members of the Congress and National Federations are prohibited individually or collectively, from announcing publicly in any form whatsoever their intention to vote or from any public invitation to vote for a candidate.

ARTICLE 14. RELATIONS WITH TOP SPONSORS AND THIRD PARTIES

14.1 Neutrality: Members of the Congress, National Federations, TOP Sponsors and WBSC partners shall remain neutral.

14.2 They shall refrain from making any public declaration and may in no way support a candidature.

14.3 Mandatory instructions: candidates may not accept mandatory instructions from any public or private, natural or legal person.

14.4 Undertaking: candidates may not enter into any form of undertaking with any natural or legal person likely to affect the freedom of decision or action of the future WBSC President.

14.5 Assistance: no direct or indirect assistance, be it financial, material or in kind, may be given to candidates by Members of the Congress, National Federations, TOP Sponsors and WBSC partners or other third party. If offered such assistance, the candidate concerned has the duty to refuse it and to inform the Ethics Commission accordingly.

ARTICLE 15. RELATIONS WITH THE MEDIA

15.1 Publications: candidates may grant interviews to the media. No form of publicity may be devoted to a candidate regardless of the backer. All communications undertaken by the candidate shall strictly respect the other candidates and shall in no way be prejudicial to any other candidate.

15.2 Debates: the candidates may not take part in any public debate, regardless of the organiser.

15.3 Communications services: no use of the services of a journalist or the media, free of charge or in return for payment, may be made in order to place a candidature at an advantage or a disadvantage.

ARTICLE 16. RELATIONS WITH OTHER CANDIDATES

16.1 Respect due to candidates: each candidate shall, in the framework of promoting his/her candidature, respect the other candidates, the WBSC Members and the WBSC itself.

16.2 Prejudice to a candidature: a candidate may produce no spoken word, written text or representation of any nature likely to harm the image of another candidate or cause him/her prejudice.

16.3 Understandings: no understanding, coalition or collusion between candidates with the intent to influence the result of the vote is allowed.

ARTICLE 17. RELATIONS WITH THE WBSC ADMINISTRATION

17.1 General relations: the WBSC administration shall maintain a strict duty of neutrality at all times. The members of the administration shall limit their relations with the candidates strictly to the content of their mission.

17.2 Support: no support or service in relation to a candidature may be requested from any member of the WBSC administration, from a department or other section of such administration.

17.3 Concealed promotion: concealed promotion in the form of technical meetings or other events is prohibited. These may be added to the official calendar of events only with the approval of the WBSC President.

ARTICLE 18. BREACHES OF THE DIRECTIONS

18.1 Competent body: any interested party shall bring any breach of these Directions to the attention of the Ethics Commission, which will undertake an inquiry.

18.2 Sanctions: if there is proof of a breach of these Directions, the Ethics Commission may make to the candidate in question:

-observations, which could be made public,

-or issue a warning, which will be automatically made public on the WBSC website.

In the event of a serious breach of these Directions, the case shall be referred to the WBSC Executive Board for possible sanctions.

CHAPTER III – RULES CONCERNING CONFLICTS OF INTERESTS AFFECTING THE BEHAVIOUR OF WBSC PARTIES

ARTICLE 19. SCOPE OF APPLICATION

19.1 These Rules apply to WBSC parties as defined by the WBSC Code of Ethics preamble.

ARTICLE 20. DEFINITION

20.1 In the context of the provisions of these Rules, a distinction is made between the situation of a “potential conflict of interests” and the case of a “conflict of interests”. Only conflicts of interests are prohibited.

20.2 A situation of a potential conflict of interests arises when the opinion or decision of a person, acting alone or within an organisation, in the framework of the activities of the physical or legal persons defined in article 19 above, may be reasonably considered as liable to be influenced by relations that the aforementioned person has, has had or is on the point of having with another person or organisation that would be affected by the person’s opinion or decision.

20.3 A case of conflict of interests is constituted when any person who, having abstained from declaring a situation of a potential conflict of interests, expresses an opinion or takes a decision in the circumstances described in the above paragraph.

ARTICLE 21. TYPES OF INTERESTS TO TAKE INTO CONSIDERATION

21.1 In assessing the situations described in article 20 above, direct as well as indirect interests must be taken into account. This also includes the interests of a third person (parent, spouse, relation or dependent). In the following non-exhaustive list of examples, the circumstances in which a conflict of interests could arise are:

– personal and/or material involvement (salary, shareholding, various benefits) with suppliers of the WBSC party concerned;

– personal and/or material involvement with sponsors, broadcasters, various contracting parties;

– personal and/or material involvement with an organisation liable to benefit from the assistance of the WBSC party concerned (including subsidy, agreement or election).

ARTICLE 22. RESOLUTION OF POSSIBLE CONFLICTS OF INTERESTS

22.1 It is the personal responsibility of each person to avoid any case of conflict of interests.

22.2 Faced with a situation of a potential conflict of interests, the person concerned must refrain from expressing an opinion, from making or participating in making a decision or accepting any form of benefit whatsoever. However, if the person wishes to continue to act or if the person is uncertain as to the steps to take, the person must inform the WBSC Ethics Commission of the situation, who then takes the steps foreseen below.

22.3 The WBSC Ethics Commission is responsible for advising persons, at their request, in a situation of a potential conflict of interests. The person concerned is then offered a solution from the following options:

– registering the declaration without any particular measure;

– removal of the person involved from part or all of the action or from the decision of the Olympic party at the root of the conflict;

– relinquishment of the management of the external interest causing the conflict;
– any complementary measures.

22.4 The person concerned then takes the steps that he/she considers appropriate.

22.5 The information given and the whole process will be kept confidential.

ARTICLE 23. UNDECLARED OR ACTUAL CONFLICTS OF INTEREST

23.1 In the event that a person neglects to declare a situation of a potential conflict of interests, and/or is in an actual situation of conflict of interests, the WBSC Ethics Commission may refer the case to the WBSC Executive Board proposing disciplinary sanctions as per this Code or the Disciplinary Rules By-Law

ARTICLE 24. SPECIFIC PROVISIONS

24.1 Prior to examination, by the WBSC Executive Board, of a candidature for election as a WBSC Member, a candidate must declare any risks of conflicts of interests to the WBSC Ethics Commission. The attention of the candidate may be drawn to any potential conflicts of interests identified. This does not exempt the candidate concerned from making subsequent declarations pursuant to Article 22.

CHAPTER IV – BASIC UNIVERSAL PRINCIPLES OF GOOD GOVERNANCE OF THE INTERNATIONAL BASEBALL/SOFTBALL FAMILY

The following articles are inspired by the IOC Code of Ethics chapter dedicated to Basic Universal Principles of Good Governance of the Olympic and Sports Movement.

ARTICLE 25. PRINCIPLE 1 – VISION, MISSION AND STRATEGY

25.1 Vision: the vision and overall goals of the organisations have to be clearly defined and communicated.

25.2 Mission: the mission should include:

– development and promotion of sport through non-profit organisations,

– promotion of the values of sport,

– organisation of competitions,

– ensuring a fair sporting contest at all times,

– protection of the members and particularly the athletes,

– solidarity,

– respect for the environment.

25.3 Strategy: the strategy is to be aligned with the vision and regularly adapted to the environment. The strategy of sporting organisations should be elaborated at the highest level of the organisation.

ARTICLE 26. PRINCIPLE 2 – STRUCTURES, REGULATIONS AND DEMOCRATIC PROCESS

26.1 Structures: all sports organisations in the International Baseball/Softball Family should be based on the concept of membership within entities established in accordance with applicable laws. The sports organisations should include as members legal or physical persons who constitute the organisation and contribute to form the will of the organisation. The stakeholders of the organisation encompass all members who make up the organisation as well as all external entities who are involved and have a link, relation with or interest in the organisation.

26.2 Clear regulations: all regulations of each organisation and governing body, including but not limited to, statutes, constitutions and other procedural regulations, should be clear, transparent, disclosed, publicised and made readily available. Clear regulations allow understanding, predictability and facilitate good governance. The procedure to modify or amend the regulations should also be clear and transparent.

26.3 Governing bodies: the size of the governing bodies should be adequate and consistent with the size of the sports organisations. The tasks and responsibilities of the governing bodies should be clearly defined in the applicable regulations and should be adapted and reviewed as necessary. Governing bodies should be entitled to create standing or ad hoc committees with specific responsibilities, in order to help them in their tasks. The organisation should set out and adopt reliable and appropriate criteria for the election or appointment of members of the governing bodies so as to ensure a high level of competence, quality and good governance.

26.4 Representative governing bodies: members of the organisation should be represented within the governing bodies, particularly women and athletes. Special care should be taken for protection and representation of minority groups.

26.5 Democratic processes: democratic processes, such as elections, should be governed by clear, transparent and fair rules.

26.6 Attributions of the respective bodies: a clear allocation of responsibilities between the different bodies such as general assembly, executive body, committees or disciplinary bodies, should be determined. There should be a balance of power between the bodies responsible for the management, supervision and control of the sporting organisations: principle of checks and balances.

26.7 Decision-making: all members of the sports organisations shall have the right to express their opinion on the issues on the agenda through appropriate channels. Members shall have the right to vote and be able to exercise that right in appropriate form as defined in the regulations of the governing body. Decision-making bodies should be fully aware of all relevant information before taking a decision. Bodies of the organisation should meet on a regular basis taking into consideration their specific duties and obligations.

26.8 Conflicts of interest: as a general principle, members of any decision-making body should be independent in their decisions. No-one with a personal or business interest in the issue under discussion should be involved in the decision. Adequate procedures should be established in order to avoid any conflicts of interests.

26.9 Election or renewal of office-bearers on a regular basis: the duration of the terms of office should be pre-determined in order to allow election/renewal of office-bearers on a regular basis. Access for new candidates should be encouraged.

26.10 Decisions and appeals: any member affected by a decision of a disciplinary nature taken by any sports organisation should be offered the possibility to submit an appeal to an independent body within the sport’s jurisdictions. When decisions are taken against a member, special attention should be paid to the appropriate balance between transparency and protection of privacy.

ARTICLE 27. PRINCIPLE 3 – HIGHEST LEVEL OF COMPETENCE, INTEGRITY AND ETHICAL STANDARDS

27.1 Competence of the members of the executive body: members of the executive body should be chosen on the basis of their ability, competence, quality, leadership capacity, integrity and experience. The use of outside experts in specific fields should be considered when necessary.

27.2 Power of signature: good governance implies proper financial monitoring. In order to avoid any abuse of powers of representation (in particular signing), adequate rules should be set up, approved and monitored at the highest level. Precise, clear and transparent regulations should be established and applied, and effective controlling systems and checks and balances should be put in place. As a general rule, individual signature should be avoided for binding obligations of an organisation.

27.3 Internal management, communication and coordination: good internal communication reinforces the efficiency of sporting organisations. Good information flow inside sporting organisations ensures good understanding by membership of activities undertaken and allows managers to make timely and informed decisions. Good working conditions and atmosphere as well as motivation and incentive policies are essential for the smooth functioning of the organisation.

27.4 Risk management: a clear and adequate risk-management process should be put in place.
This is:

– identification of potential risks for the sports organisations,

– evaluation of risks,

– control of risks,

– monitoring of risks,

– disclosure/transparency.

27.5 Appointment of the members of the management: leadership is above management. The majority of the members of management should be professional. Candidates should have professional competency and an impeccable professional history. The selection process should be based on objective criteria and should be set out clearly.

27.6 Code of Ethics and ethical issues: develop, adapt and implement ethical principles and rules. Ethical rules should refer to and be inspired by the IOC Code of Ethics. Monitor the implementation of ethical principles and rules.

ARTICLE 28. PRINCIPLE 4 – ACCOUNTABILITY, TRANSPARENCY AND CONTROL

28.1 Accountability: all bodies, whether elected or appointed, shall be accountable to the members of the organisation and, in certain cases, to their stakeholders. In particular, the executive body shall be accountable to the General Assembly of the organisation. Management shall be accountable to the executive body. All employees shall be accountable to management.

28.2 Processes and mechanisms: adequate standards and processes for accountability should be in place and available to all organisations, and consistently applied and monitored. Clear and measurable objectives and targets must be set for the organisation, its boards, management and staff, including also appropriate tools for assessment.

28.3 Transparency and communication: financial information should be disclosed gradually and in appropriate form to members, stakeholders and the public. Disclosure of financial information should be done on an annual basis. The financial statements of sports organisations should be presented in a consistent way in order to be easily understood.

28.4 Financial matters – Applicable laws, rules, procedures and standards: accounts should be established in accordance with the applicable laws and “True and fair view” principle. The application of internationally recognised standards should be strongly encouraged in all sports organisations and required for an international body. For all organisations, annual financial statements are to be audited by independent and qualified auditors. Accountability and financial reports should be produced on a regular basis. Information about remuneration and financial arrangements of the governing bodies’ members should be part of the annual accounts. Clear rules regarding remuneration of the members of governing bodies and managers should be enforced. Remuneration procedures should be transparent and predictable.

28.5 Internal control system: internal control of the financial processes and operations should be established within the sports organisations. The adoption of a compliance system, document retention system and information security system should be encouraged. The structure of the internal control system should depend on the size and importance of the organisation. Audit committees should be appointed for large sports organisations.

28.6 Education and training: there should be an induction programme for all new members of staff, volunteer officers and all board members. Ongoing education and training of executives, volunteers and employees should be integral to operations. The promotion of self-education and regular training within the sports organisations should be encouraged.

ARTICLE 29. PRINCIPLE 5 – SOLIDARITY AND DEVELOPMENT

29.1 Distribution of resources: as a principle, financial resources which are proceeds of sport should be allocated to sport and in particular to its development after covering all necessary sports-related costs. Financial revenues should be distributed in a fair and efficient manner. A fair distribution of the financial revenues contributes to having balanced and attractive competitions. A clear and transparent policy for the allocation of the financial revenues is essential.

29.2 Equity: resources should be distributed equitably. The equity in sport should be reinforced. The right to participate in competitions should be encouraged and secured for those at an appropriate level for the athletes concerned. The opportunity to organise large sports events should be open. The criteria for choosing venues for events should be fair and transparent.

29.3 Development: the development of partnership relations between different sports organisations in developing countries should be encouraged. The expansion of sports facilities in developing countries should be promoted.

ARTICLE 30. PRINCIPLE 6 – ATHLETES’ INVOLVEMENT, PARTICIPATION AND CARE

30.1 Right to participate and involvement of the athletes in the International Baseball/Softball Family and governing bodies: the right of athletes to participate in sports competitions at an appropriate level should be protected. Sports organisations must refrain from any discrimination. The voice of the athletes should be heard in sporting organisations.

30.2 Protection of athletes: measures should be taken to prohibit exploitation of young athletes. Athletes should be protected from unscrupulous recruiters and agents. Cooperation with the government of the countries concerned should be developed. Codes of conduct should be signed by all sports organisations.

30.3 Health: sports organisations shall adopt rules for the protection of the athletes’ health and to limit the risk of endangering the athletes’ health (medical supervision, number of days of competition, pollution, etc.).

30.4 Fight against doping: sports organisations shall fight against doping and uphold an anti-doping policy. Zero tolerance in the fight against doping should be encouraged in all sports organisations at all levels. Sports organisations shall protect the athletes from doping in particular through prevention and education.

30.5 Insurance: insurance in case of death or serious injury is to be recommended for all athletes and should be mandatory for young junior athletes. Whenever and wherever possible, athletes should be provided with social security coverage. Special insurance policies should be available for professional athletes. The organisers of sports events should obtain adequate insurance coverage.

30.6 Fairness and fair play: fairness and fair play are central elements of the competition. Fair play is the spirit of sport. The values of sport and friendship shall be promoted.

30.7 Athletes’ education and career management: educational programmes, developing in particular “Sport and Studies” programmes, should be encouraged. Career management programmes should be promoted. Training professional athletes for new professional opportunities after their sports careers should be encouraged.

ARTICLE 31. PRINCIPLE 7 – HARMONIOUS RELATIONS WITH GOVERNMENTS WHILE PRESERVING AUTONOMY

31.1 Cooperation, coordination and consultation: sporting organisations should coordinate their actions with governments. Cooperation with governments is an essential element in the framework of sporting activities. Cooperation, coordination and consultation are the best way for sporting organisations to preserve their autonomy.

31.2 Complementary mission: governments, constituents of the International Baseball/Softball Family, other sports organisations and stakeholders have a complementary mission and should work together towards the same goals.

31.3 Maintain and preserve the autonomy of sport: the right balance between governments, the International Baseball/Softball Family and sporting organisations should be ensured.

CHAPTER V – RULES ON THE PREVENTION OF THE MANIPULATION OF COMPETITIONS

Refer to the By-Law regarding Sports Betting.

CHAPTER VI – WBSC ETHICS COMMISSION

Refer to the By-Law regarding Commissions.

CHAPTER I – PREAMBLE AND REPRESENTATION OF WBSC

ARTICLE 1. PREAMBLE

1.1 These current Rules establish the behaviour and courtesy norms to be followed during the WBSC’s events, in reference to the competitions in general as well as to the meetings, invitations and any type of events organised by the WBSC or in which the WBSC is directly involved and, they must be enforced by all WBSC members.

1.2 The continental organisations shall follow the general principles established in these Rules while performing their own activities.

ARTICLE 2. REPRESENTATION OF WBSC

2.1 The President is the legal representative of the WBSC and as such, officially represents the WBSC with full power, according to what is stated in the current Statutes.

2.2 The Chairman of the WBSC Baseball Division is the legal representative of the WBSC Baseball Division (under the authority and approval of the WBSC Executive Board) and as such, officially represents the WBSC Baseball Division with full power, according to what is stated in the current Code of Baseball.

2.3 The Chairman of the WBSC Softball Division is the legal representative of the WBSC Softball Division (under the authority and approval of the WBSC Executive Board) and as such, officially represents the WBSC Softball Division with full power, according to what is stated in the current Code of Softball.

2.4 In specific cases, the President can delegate his or her representation to a person or a group of persons whom he/she considers appropriate in each case. The assignment of authority to delegate shall always be done in writing.

2.5 If there is no specific delegation, the Secretary General assumes the official representation of the WBSC in the absence or incapacity of the President. If the former cannot fulfil this position, the representation shall be established in accordance with the WBSC protocol order, which shall be determined hereunder.

2.6 The WBSC protocol order is as follows:

1. President

2. Secretary General

3 to 4. Vice President for Baseball / Softball

5 to 6. Executive Vice President for Baseball / Softball

7. Treasurer

8 to 11. Members At-Large

12 to 13. Athlete Representative for Baseball / Softball

14. Honorary President

15. Executive Director

16. Chairman of the Athletes Commission

17. Chairman of the Anti-doping and Medical Commission

18. Chairman of the Ethics Commission

19. Chairman of the Legal Commission

20. Chairman of the Paralympic Commission
The years of service shall determine the order of the Vice Presidents, the Members-at-Large, the Athlete Representative and the Chairmen of the Commissions. If the number of years of service is equal, the eldest shall have priority.

2.7 The WBSC Baseball Division protocol order is as follows:

1. Chairman

2 to 3. Vice Chairmen

4. Treasurer

5 to 7. Members At-Large

8 to 12. Continental Representatives

13 to 14. Athlete Representative for Men’s and Women’s Baseball

15. Honorary President

16. WBSC Executive Director

17. WBSC Baseball Division Director

18 to 21. Chairmen of the Commissions

The years of service shall determine the order of the Vice Chairmen, the Members-at-Large, the Continental Representatives, the Athlete Representatives and the Chairmen of the Commissions. If the number of years of service is equal, the eldest shall have priority.

2.8 The WBSC Softball Division protocol order is as follows:

1. Chairman

2 to 3. Vice Chairmen

4. Treasurer

5 to 7. Members At-Large

8 to 12. Continental Representatives

13 to 14. Athlete Representative for Men’s and Women’s Softball

15. Honorary President

16. WBSC Executive Director

17. WBSC Softball Division Director

18 to 21. Chairmen of the Commissions

The years of service shall determine the order of the Vice Chairmen, the Members-at-Large, the Continental Representatives, the Athlete Representatives and the Chairmen of the Commissions. If the number of years of service is equal, the eldest shall have priority.

2.9 In events where WBSC and Divisions’ Officers are all together, the following WBSC protocol order shall prevail:

1. WBSC President

2. WBSC Secretary General

3 to 4. Vice Presidents for Baseball / Softball

5 to 6. Executive Vice Presidents for Baseball / Softball

7. WBSC Treasurer

8 to 11. Vice Chairmen BD and Vice Chairmen SD

12 to 13. Treasurer of the BD and Treasurer of the SD

14 to 23. WBSC Members At-Large, BD Members At-Large and SD Members At-Large

24 to 25. WBSC Athlete Representative for Baseball / Softball

26 to 29. WBSC BD Athlete Representative for Men’s and Women’s Baseball WBSC SD Athlete Representative for Men’s and Women’s Softball

30. WBSC Honorary President

31 to 40. Continental Representatives BD and SD

41. WBSC Executive Director

42. WBSC BD Director

43. WBSC SD Director

44 to 48. Chairmen of the WBSC Commissions

From 49. Chairmen of the WBSC BD and SD Commissions

The years of service shall determine the order of the Vice Presidents, the Divisions Vice Chairmen, the Members-at-Large, the Athlete Representatives, the Honorary Presidents, the Continental Representatives and the Chairmen of the Commissions. If the number of years of service is equal, the eldest shall have priority.

2.10 The nominal Protocol Order shall be revised and be made public every four years, further to the Executive Board and Executive Committees’ elections.

CHAPTER II – HEAD OF PROTOCOL

ARTICLE 3. APPOINTMENT AND DUTIES OF THE HEAD OF PROTOCOL

3.1 Upon the President’s proposal, the Executive Board shall name a WBSC Head of Protocol, who shall be responsible to ensure that these Rules are enforced.

3.2 The duties and responsibilities of the Head of Protocol are as follows:

3.2.1 To ensure the enforcement of these Rules and to serve as liaison between the Tournament Director and the Organising Committee of a competition for all the issues relative to the protocol.

3.2.2 To ensure that the Organising Committee of a competition has named a person in charge of the Protocol among its members, to resolve with him all protocol issues relative to the same.

3.2.3 To approve the seating plan of the competition facilities as established in these Rules.

3.2.4 To check that the Opening and Closing Ceremonies of a competition are run in accordance with the project approved by the WBSC and approve the proceedings foreseen for the Awards Ceremony, obtaining from the President the list of persons who must participate and the awards each person shall hand out.

3.2.5 To ensure the trophies, medals, plates and presents, which shall be handed out during the WBSC official events, are prepared correctly and to authorise the awards of the same proposed by the Organising Committee.

3.2.6 To supervise the calendar/timetable of the official events in which the President and/or the Executive Board/Committees shall be present and make the arrangements concerning the transportation of these persons and their accompanying guests and of the position they shall occupy during the event.

3.2.7 To accompany the President to all WBSC official events.

3.2.8 To closely collaborate with the President to prepare the protocol in the special events, such as visits of Heads of States or their representatives, official Banquets, special award ceremonies, a.s.o.

CHAPTER III – ACCREDITATION SYSTEM

ARTICLE 4. GENERAL NOTES

4.1 The Organising Committee of a WBSC official competition has the obligation to facilitate an accreditation to all those participating authorised by the WBSC. The accreditation which shall include a recent picture of the holder, shall be personal and not transferable, with the full name of the accredited person, the country he/she belongs to, his or her position within the WBSC or his or her position within the competition, the category of participants to which he/she belongs and his or her transport and access privileges in the different areas.

4.2 In order to have a general identification, the accreditation shall be easy to be identified as described in the Event Host Manual Appendix 6 of each competition.

ARTICLE 5. SPECIAL CONDITIONS

5.1 All participants to WBSC official competition have the obligation to wear the accreditation in any official moment.

5.2 Scouts will not be accredited in any WBSC official competition.

ARTICLE 6. APPLICATION AND PRINTING OF THE ACCREDITATIONS

6.1 All participants to WBSC official competition will be registered on the online system on my.wbsc.org

6.2 The WBSC website (www.wbsc.org) will be used to announce open registrations to media.

CHAPTER IV – OPENING AND CLOSING CEREMONIES

ARTICLE 7. PRE-GAME CEREMONY

7.1 The following ceremonial shall be used before and during all games:

7.1.1 The WBSC Anthem supplied from the WBSC Headquarters shall be played to indicate the start of the ceremony and shall continue to be played in the background during the introductions. Promotional video may also be played before the ceremony if the venue is adequately equipped.

7.1.2 Before the match begins, the Public Address Announcer will first call the visiting team (manager and coaches first, then the players in the starting line-up by name, the pitcher in the bullpen and the rest of the roster) on to the field, followed by the home team and then the umpires. The teams shall line up along the foul line, while the umpires stand at home plate. During the ceremony, only uniformed personnel such as coaches and athletes may come to the field of play and the rest of the delegation must stay inside the dugouts.

7.1.3 When the teams are lined up, a flag of each country shall be displayed next to its own team and WBSC flag in the middle. All flags shall be adequately equipped for first class presentation.

7.1.4 An approximately 60-second version of the national anthems of the two teams, as approved by the WBSC, shall be played with the teams and umpires lined up. During the national anthems, the team delegation members must show a respectful posture with hats off and refrain from talking, laughing, spitting, eating and drinking.

7.1.5 Music and sounds effects should be used prior to, during and after each game in order to enhance a sense of cultural diversity and international competition. After the anthems and before the match starts, time shall be made available for any prize-giving, special recognition or announcement of special guests.

ARTICLE 8. OPENING CEREMONY

8.1 Only uniformed personnel are allowed to participate in the Opening ceremony on the field of play and such participants must wear game uniform during their participation. Opening ceremony will take place 45-60 minutes before the beginning of the first game as follows:

8.1.1 Parade and presentation of all teams participating in the competition (can be limited to an official representation of the team). Each team shall carry his own flag and a member of the organisation shall carry a sign with the name of the country.

8.1.2 Parade and presentation (non nominal) of the competition Officials (can be limited to a representation with at least one per estate).

8.1.3 Rising of the WBSC flag.

8.1.4 Athletes’ oath. A player of the local team shall proceed on behalf of all the participating athletes. The text of the oath which cannot be modified under any circumstances, shall be as follows: «On behalf of all the players I vow to take part in (full name of the competition including its ordinal number) in accordance with its rules, accepting all decisions made by the umpires and officials and in competing with all our strength to win through sportsmanship for the glory of international Baseball and the honour of our teams».

8.1.5 Umpires’ oath. An umpire of the crew working the competition shall proceed on behalf of all the officiating umpires. The text of the oath which cannot be modified under any circumstances, shall be as follows: «In the name of all the umpires and officials, I swear that we shall officiate in (full name of the competition including its ordinal number) with complete impartiality, respecting and abiding by the rules which govern it in the true spirit of sportsmanship».

8.1.6 Competition inaugural declaration. The WBSC President, and in his or her absence his or her representative, declares the competition opened with the following words: «In the city of (name of the city), in (name of the country), today (day, month, year), on behalf of the World Baseball Softball Confederation, I have the honour to declare the (full name of the competition including its ordinal number) open». If the Head of State or Prime Minister of the host country personally attends the ceremony, and the WBSC President or his or her representative considers it appropriate under the circumstances, this latter can invite the former to pronounce the competition inaugural declaration, in which case the following protocol shall be followed: The WBSC President or his or her representative shall publicly address the Head of State or the Prime Minister with the following words: «Mr. (or Ms., or his or her corresponding title) on behalf of the World Baseball Softball Confederation I have the honour to invite you to declare this competition open». Then, the first authority shall pronounce the following words: «In the city of (name of the city), in (name of the country), today (day, month, year), I declare the (full name of the competition including its ordinal number) open».

8.1.7 At the end of the inaugural declaration, the Ceremony shall be over.

8.2 The Organising Committee may plan to insert as a part of the Opening Ceremony a sports, cultural or artistic show which shall take place after the parade of participants. In any case, this part shall not exceed more than thirty (30) minutes and shall first be approved by the WBSC, as indicated in the Tournament Regulations.

8.3 If on the Organising Committee’s side there is a plan to hold a first pitch ceremony before the first game of the competition, then the throw corresponds to the WBSC President or his or her representative according to the following protocol:
The WBSC President or his or her representative, accompanied by the President of the Organising Committee and the Head of Protocol of the WBSC shall enter the field and proceed to the mound. Once there, the WBSC President shall receive from the hands of the Organising Committee’s President, the glove and the ball to throw. The catcher of the local team and the chief umpire shall be standing at the home-plate, both in position. The chief umpire shall shout «play ball!» and the WBSC President shall throw the ball to the catcher. When the latter receives the ball the chief umpire shall shout «strike!».
If a high authority of the host country or a world personality takes part in this competition, and the WBSC President or his or her representative considers it convenient under such circumstances to invite him/her to throw the first pitch, the protocol previously defined shall be followed. The WBSC President or his or her representative shall hand the glove and the ball to the personality to allow him/her to throw.

ARTICLE 9. CLOSING CEREMONY

9.1 Only uniformed personnel are allowed to participate in the Closing ceremony on the field of play and such participants must wear game uniform during their participation. After the end of the gold medal final, the awards shall be prepared and a closing ceremony will take place as follows:

9.1.1 Parade of the teams classified in the first three places of the competition (entire teams). A member of the organisation shall carry a sign with the name of the country. The players of the other teams who shall receive individual awards shall also parade in a single group. The WBSC flag, carried by members of the Organising Committee shall open the parade. During the duration of the Ceremony, the WBSC flag shall be raised in a place of honour.

9.1.2 The distribution of the trophies shall end with the national anthem of the winning country, at the same time as the flag is being raised to the honour mast.

9.1.3 Then, the President of the Organising Committee shall hand the WBSC flag to the WBSC President or to his or her representative who, in his or her turn, shall give it to the President of the National Federation who shall host the next championship.

9.1.4 Acknowledgements and competition closing statement. The WBSC President and in his or her absence his or her representative, shall thank and declare the competition closed with the following words: «On behalf of the World Baseball Softball Confederation, and particularly on behalf of all the participants, I wish to express our gratefulness to the Federation (full name of the host national Federation) and to the Organising Committee of this competition. We particularly thank all the volunteers for their collaboration, since without their participation, it would not have been possible to run the competition. We also wish to thank the authorities accompanying us for their help given to the Organising Committee and to our sport, and to all of you who represent the esteemed nation of (name of the host country). Last, allow me on behalf of the World Baseball Softball Confederation to officially declare the (full name of the competition, including its ordinal number) closed. Thank you very much».

9.2 The Organising Committee may plan to insert as a part of the Closing Ceremony a sports, cultural or artistic show, which shall take place before the parade of participants for the awards. In any case, this part shall not exceed more than thirty (30) minutes and shall first be approved by the WBSC as indicated in the Tournament Regulations.

9.3 In some competitions, whenever it is convenient for the WBSC and/or the Organising Committee’s interest, in a common agreement of both parties, which shall be explicitly included in the competition contract, the Opening and/or Closing Ceremonies may be reduced or shortened with the suppression of some items. If there is no indication in the contract to this regard, the Ceremony shall take place as stated in this By-Law.

ARTICLE 10. MAIN STAND

10.1 In the main stadium where the official competitions shall be held there shall be a main stand reserved to the members and guests of the WBSC. If possible, this stand shall be divided in two independent spaces: the Presidential stand (10 to 20 persons) and the stand of Honour (60 to 80 persons). If this separation is not possible, 80 to 100 seats shall be reserved in the main stand and the three best rows of this reserved area shall be used as the Presidential stand, the seats left being the stand of Honour. In any case between the reserved area seats in the main stand and the remaining seats a separation gap must be visible. In the other competition facilities, a similar space shall be at disposal but only with a capacity of 40 to 60 persons.

10.2 The WBSC President or his or her representative shall sit on a central position, except when the Head of State or his or her representative, or the Prime Minister of the host country attends, who shall sit on the central position, the WBSC President being on the first seat to the right of the Head of State.
The WBSC President, the Vice Presidents and the WBSC Secretary General and their accompanying officials shall take place at the Presidential stand. If there is no space enough for everyone, the senior Vice President at least shall accompany the President
The Continental President, the President of the National Federation of the host country and the President of the Organising Committee shall also be at this stand. Their respective official accompanying guests shall be located at the stand of Honour.

10.3 The remaining WBSC members shall be placed by protocol order at the stand of Honour, together with their official accompanying guests whenever the space allows it.

10.4 The access to the Presidential stand and the stand of Honour shall be free of any obstacle, as direct as possible from the exit and under security staff protection. In addition to the accreditation, a special invitation shall be necessary for the access. All these invitations shall be authorised by the WBSC. There shall be a sufficient number of personnel/volunteers available in order to take in the guests in these areas.

10.5 The Presidential stand and the stand of Honour shall be worthily decorated. Close to them there shall be the hospitality area, which shall contain comfortable seats, TV boards, cold drinks and toilets.

CHAPTER V – FLAGS AND ANTHEMS

ARTICLE 11. FLAGS AND ANTHEMS

11.1 The flag of the WBSC shall be presented at any place where official competitions and/or trainings, meetings, protocol events are held, as well as in the lodgings, including the official hotels.

11.2 In every competition field the flag of the host country shall be in the centre, the flag of the WBSC shall be situated to its right and the flag of the city to its left. If there were any other official flags, in addition to the city one, the own protocol of the host country shall be followed, respecting the position reserved to the flag of the WBSC. Any flag displayed together with the flag of the WBSC shall be the same size.

11.3 Flags and anthems of the WBSC member countries will be those authorised by the International Olympic Committee and must be approved expressly by the WBSC before use in any official international competition.

11.4 WBSC will provide the Local Organising Committee with the flags and the anthems authorised by the International Olympic Committee.

CHAPTER VI – OTHER PROTOCOL EVENTS

ARTICLE 12. OTHER PROTOCOL EVENTS

12.1 In all the protocol events organised by the WBSC or corresponding to the WBSC official competitions, such as Meetings, Banquets and any type of Ceremonies other than those defined in these Rules, the WBSC Protocol Order shall be followed for the attribution of the positions and the order of the speeches.

12.2 As long as the appointment of the Head of Protocol does not take place, the WBSC Executive Director shall fulfil these duties.

CHAPTER I – GENERAL PRINCIPLES

ARTICLE 1. AUTHORITY

1.1 As per article 1.2 of the WBSC Statutes, the WBSC is the only recognised International Governing Body for the Sport of Baseball/Softball. As such, the WBSC recognises the actions and the ideals of the Members of the International Baseball/Softball Family to promote, encourage and develop the endeavours and efforts to fulfil the WBSC objectives (article 4 of the WBSC Statutes).

1.2 This document disciplines and regulates the conferment and use of the WBSC awards that shall be divided in three categories and such institutionalised:

1.2.1 The Order of Honour: this is the highest Honour of WBSC for those people that particularly contributed to the foundation of the World Baseball Softball Confederation, to its success, to the development of all potentialities of Baseball and Softball such creating a World Baseball/Softball Family and to its globalisation.

1.2.2 The Order of the Golden Diamond: this is to recognise those people, entities and organisations that contributed to the development of the World Baseball Softball Confederation and especially for the continuous support, cooperation and assistance to WBSC through concrete actions and contributions that made possible the widening of the horizons and the innovation and research in our Sport.

1.2.3 The Congress Annual Awards: these are awarded by the WBSC Congress every two years and are categorised per year and per activity.

1.3 The WBSC retains the right to modify this document and its contents, for example in the quantity and type of Honours.

1.4 The Executive Board shall provisionally withdraw the WBSC Honours in case of severe infringement of the WBSC Statutes, Codes, By-Laws, Rules and Regulations, lack of respect and integrity or public negative sayings about baseball/softball ideals. The Congress is the only body empowered to finally withdraw these distinctions.

1.5 Any modification to this Regulation shall be made by the Executive Board only.

ARTICLE 2. CEREMONIES

2.1 The conferment of all WBSC Honours shall respect a precise protocol and shall allow the International Baseball/Softball Family to celebrate the Awardees in public.

2.2 The WBSC President shall confer all WBSC Honours, provided that the Congress Awards are announced at the WBSC Congresses and the other Honours in any other official ceremony which is deemed opportune.

2.3 Should the WBSC President for any reason be unavailable, then one of the Executive Vice Presidents chosen by the Executive Board shall preside the ceremony 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 preside the ceremony, in that order.

CHAPTER II – THE HONOURS

ARTICLE 3. THE ORDER OF HONOUR

3.1 WBSC deems opportune to recognise those people that contributed to the foundation of the World Baseball Softball Confederation, to its success and to the development of all potentialities of the merge of Baseball and Softball such creating a World Baseball/Softball Family.

3.2 The WBSC Order of Honour represents the supreme honour awarded to those persons who have acted in such a way as to illustrate the ideals of baseball/softball and their outstanding merits in favour of the development of our Sport and who have rendered exceptional services to baseball/softball.

3.3 This distinction shall be awarded by the WBSC Executive Board and the WBSC Congress shall be notified accordingly.

3.4 The candidature file shall mention the merits and services provided to baseball/softball. Besides, consideration shall be taken of the respectability, the reputation, the fair-play and the integrity of the candidate in his or her baseball/softball and private life. To this effect, the Executive Board may undertake any prior inquiry to the baseball/softball and political bodies of his or her country.

3.5 Prior to the award of the Order, an Executive Board member shall read the full candidature file and show it on the screen.

3.6 The Collar of the Order, the medal, the pin and the diploma shall be awarded to the awardee or his or her representative by the WBSC President.

3.7 The Award is numbered and the WBSC office will keep the register.

3.8 At the moment when the WBSC President awards the Order, he/she shall read as follows: «I, President of the WBSC, on behalf of the WBSC Executive Board and the WBSC Congress, on behalf of all its Members, National Federations, Associations and Organisations, today (date), here in (city and State), award Mr./Ms. (name and surname of the awardee) the WBSC Order of Honour. With this award the International Family of Baseball/Softball wishes to recognise and distinguish Mr./Ms. (name and surname of the awardee) for his or her contribution to the foundation, success and development of the World Baseball Softball Confederation and our Sport».

ARTICLE 4. THE ORDER OF THE GOLDEN DIAMOND

4.1 WBSC deems opportune to recognise those people that contributed to the development of the World Baseball Softball Confederation and especially for the continuous support, cooperation and assistance to WBSC through concrete actions and contributions that made possible the widening of the horizons and the innovation and research in our Sport.

4.2 The WBSC Order of the Golden Diamond awards those persons who have acted in such a way as to develop the ideals of baseball/softball and their outstanding merits in favour of the widening of the horizons and innovation and research within our Sport.

4.3 This distinction shall be awarded by the WBSC Executive Board and the WBSC Congress shall be notified accordingly.

4.4 The candidature file shall mention the merits and services provided to baseball/softball. Besides, consideration shall be taken of the respectability, the reputation, the fair-play and the integrity of the candidate in his or her baseball/softball and private life. To this effect, the Executive Board may undertake any prior inquiry to the baseball/softball and political bodies of his or her country.

4.5 Prior to the award of the Order, an Executive Board member shall read the full candidature file and show it on the screen.

4.6 The Golden Diamond and the diploma shall be awarded to the awardee or his or her representative by the WBSC President.

4.7 The Award is numbered and the WBSC office will keep the register.

4.8 At the moment when the WBSC President awards the Order, he/she shall read as follows: «I, President of the WBSC, on behalf of the WBSC Executive Board and the WBSC Congress, on behalf of all its Members, National Federations, Associations and Organisations, today (date), here in (city and State), award Mr./Ms. (name and surname of the awardee) the WBSC Order of the Golden Diamond. With this award the International Family of Baseball/Softball wishes to recognise and distinguish Mr./Ms. (name and surname of the awardee) for his or her contribution to the development, innovation and research within the World Baseball Softball Confederation and our Sport».

ARTICLE 5. THE CONGRESS ANNUAL AWARDS

5.1 WBSC deems opportune to recognise those people that worked in our Sport and contributed to the growth and fame of it around the world, especially among the youngest generations and bringing our Sport in all the houses and corners of the world.

5.2 The WBSC Executive Board shall celebrate a dedicated ceremony every two years, in occasion of each WBSC Congress, and award these distinctions.

5.3 The Congress Annual Awards are categorised as follows:

4.3.1 Baseball Player of the year

4.3.2 Softball Player of the year

4.3.3 Baseball National Team Coach of the year

4.3.4 Softball National Team Coach of the year

4.3.5 Baseball Umpire of the year

4.3.6 Softball Umpire of the year

4.3.7 Scorer of the year

4.3.8 Baseball National Federation of the year

4.3.9 Softball National Federation of the year

5.4 The candidature file shall mention the merits and services provided to baseball/softball. Besides, consideration shall be taken of the respectability, the reputation, the fair-play and the integrity of the candidate in his or her baseball/softball and private life. To this effect, the Executive Board may undertake any prior inquiry to the baseball/softball and political bodies of his or her country.

5.5 Prior to the award of each distinction, an Executive Board member shall read the full candidature file and show it on the screen.

5.6 The WBSC Congress Annual Plaques and the diplomas shall be awarded to the awardees or his or her representatives by the WBSC President.

5.7 The Awards are numbered and the WBSC office will keep the register.

5.8 At the moment when the WBSC President awards the distinctions, he/she shall read as follows: «I, President of the WBSC, on behalf of the WBSC Executive Board and the WBSC Congress, on behalf of all its Members, National Federations, Associations and Organisations, today (date), here in (city and State), award Mr./Ms. (name and surname of the awardee) this WBSC Congress Annual Award as (category of the award)».

CHAPTER I – GENERAL ASSESSMENTS

ARTICLE 1

This draft refers to the Regulation drawn up by WBSC to regulate international events under the jurisdiction of WBSC.

ARTICLE 2

As per Art. 19.1 of the WBSC Statutes regarding international play, “any International Baseball and Softball Game or International Baseball and Softball 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, By-Laws, Rules, Regulations as established by the WBSC”.

ARTICLE 3

As per Art. 19.2 of the WBSC Statutes regarding international play, “WBSC Full Members are the only authorities in each country to select their National Team and have the exclusive right to represent the Country Name, Flag and Colours”.

ARTICLE 4

As per Art. 19.6 of the WBSC Statutes regarding international play, “failure to obtain this sanction would constitute a breach of the present Statutes and would be sanctionable in accordance with the By-Laws”.

ARTICLE 5

Misrepresentation and fraud: where a team is not the National Team acting under the authority of the National Federation and/or respective National Olympic Committee – and/or where a competition has not been duly sanctioned by the WBSC – the uniform colours and style of such team competing in an international tournament must not be the same as or similar to any National Team uniforms of the WBSC Member. The National Flag of the country of that National Federation must not appear on the uniform and such team should not be promoted/positioned as a team representing a country or nation on any media outlets (broadcasting, website, social media, print publications, etc.).

ARTICLE 6

The process to follow the sanction procedure are detailed in Attachment 1 and 2.

CHAPTER II – DEFINITIONS

ARTICLE 7

“Club Team” refers to any individual team not formed to represent a National Team (e.g., youth organisation team, high school team, professional team, etc.) that typically participates in local/domestic competitions or leagues and may have players from different countries of origin.

ARTICLE 8

“International Competition” means that a baseball/softball competition shall be considered an international competition and come under the jurisdiction of WBSC when the competition features any of the following:

8.1 National Team vs. National Team;

8.2 National Team vs. Club (e.g., youth organisation, high school, university, professional,
etc.);

8.3 Club vs. Club (e.g., youth organisation, high school, university, professional, etc.) when:

8.3.1 Clubs competing against each other have a different country of origin; or

8.3.2 Clubs from the same country of origin compete against each other in a foreign territory; or

8.3.3 The competition involves one or more players that come under the jurisdiction and/or auspice of one or more Member Federations.

ARTICLE 9

“Member” refers to a National Federation Member or Professional League Associate Member affiliated to the WBSC.

ARTICLE 10

“National Team” refers to a selection of players who share the same nationality and are assembled under the authority of their respective National Federation – and/or in partnership with WBSC Associate Members, where applicable – to represent their nation in sanctioned international competitions.

ARTICLE 11

“Non-Member” means any organisation, league, individual (e.g., promoter) that is not a Member of the WBSC.

ARTICLE 12

“Sanction” means explicit written approval granted by the WBSC.

ARTICLE 13

“Exclusive Authority” means WBSC holds the exclusive authority to organise, sanction and regulate international competitions among its Members and in each constituent country for which there is a national governing body for baseball and/or softball.

ARTICLE 14

“Requesting a Sanction” means Members and Non-members/persons (through the respective NF(s) in concerned territory/ies) shall request a sanction from the WBSC to organise an international competition, as defined under 1.1.

ARTICLE 15

“Automatic Sanction Granted” means an international competition will automatically be recognised and granted a sanction by the WBSC for:

15.1 Continental championships organised under WBSC’s Continental Confederations;
WBSC BY-LAWS – Sanction Procedure and International Game Rules 5/9

15.2 Regional multi-sport events, such as the Asian Games and Pan-American Games, which are organised under the auspices of the Olympic Movement;

15.3 Exhibition series/games organised within 15 days prior to a major international event sanctioned or organised by WBSC (e.g., Premier12, World Baseball Classic) provided that same team or teams are involved in both exhibition and main event.

ARTICLE 16

“Granting a Sanction” means the WBSC shall review the application and grant a sanction in a timely manner if:

16.1 The proposed competition is in accordance with the WBSC Articles of Association and Statutes;

16.2 The proposed scope or size of the event are not in conflict with any major WBSC sanctioned event or competition platform (e.g., World Championships);

16.3 The proposed dates of the event are not in conflict with any major WBSC sanctioned event or competition platform (e.g., World Championships);

16.4 The proposed event takes into the highest consideration and has provisions to ensure player’s safety;

16.5 The proposed name of the event is a reasonably accurate representation of the scope and size of event;

16.6 The organiser will properly identify the event as being sanctioned by the WBSC;

16.7 Any required sanctioning fee is paid to (may be waived for Members):

16.7.1 The WBSC;

16.7.2 The relevant host National Federation/s, when the event is not directly organised
by the NF.

16.8 A notarised/audited Financial Report for a commercial international competition (or provisional budget for a new event) is submitted;

16.9 The sanctioning application is completed in full, with any/all supporting documents and submitted with reasonable time prior to the event.

ARTICLE 17

“Denying a Sanction” means a sanction shall be refused or revoked if: 17.1 There is non-compliance with any of the conditions set forth under Art.1.5;

17.2 An organiser makes use of – or is complicit in – false advertising practices to identify Club Teams as National Teams, including but not limited to:

17.2.1 Making use of a country name (e.g., “Japan”) or national flag:

17.2.1.1 On team apparel (such as uniforms, ball/bat bags, travel outfits, batting practice jerseys, t-shirts, helmets, or any other team items);

17.2.1.2 In the media (e.g., websites, advertisements, promotional materials, media guides, tournament schedules, TV, social media, or any other place).

17.2.2 Through their broadcast partners, sponsors, suppliers or any other partners.

WBSC BY-LAWS – Sanction Procedure and International Game Rules 6/9

ARTICLE 18

“Non-Compliance”:

18.1 Members found to be complicit or in violation of WBSC international sanction policy (e.g., participating in an unsanctioned event, failure to enforce international competition guidelines within its territory, etc.) will face penalties commensurate with said violations, which may include and not be limited to: suspension (to the National Federation and any involved players) and fines.

18.2 Non-Members who do not secure the proper international sanction from WBSC will be subject to actions as may be deemed by WBSC to be appropriate under its rules or at law. All associated parties (e.g., teams, players, etc.) may be subject to potential action.

CHAPTER III – POLICY ON USE OF COUNTRY NAMES ON JERSEYS BY TEAMS NOT REPRESENTING NATIONAL SELECTIONS IN INTERNATIONAL EVENTS

ARTICLE 19

WBSC issues this policy direction to its National Federations in relation to those Federations sanctioning participation by teams in international tournaments and competitions conducted by other and youth baseball/softball organisations.

ARTICLE 20

A National Federation will not be permitted to allow a team competing in an international tournament to wear a playing outfit, uniform or jersey (“uniform”) unless it complies with the following policy.

ARTICLE 21

Where the team is not the national team, the uniform colours and style of the team competing in an international tournament must not be the same as or similar to the national senior team uniform or the national youth team uniform of that National Federation.

ARTICLE 22

It is the responsibility of the National Federation to advise the baseball/softball organisations of the colours and style of the national team and the national team uniforms for that National Federation and to agree with the relevant baseball/softball organisation the colours and style of the uniform for a team competing in an international tournament that comply with this policy.

ARTICLE 23

Where a National Federation changes the uniform colours and style of its national team and/or national team uniform, the National Federation in question must notify the baseball/softball organisations and allow sufficient and reasonable time for the baseball/softball organisations to amend the colours and style of the uniform for a team competing in an international tournament to enable it to comply with this policy.

ARTICLE 24

The national flag of the country of that National Federation must not appear on the uniform.

ARTICLE 25

The name of the country of that National Federation must not appear on the uniform alone and must be accompanied by one of the words “Region”, “Regional” or such other word as may be agreed between the baseball/softball organisations and WBSC.

ARTICLE 26

In all relevant broadcasts, publications, programs, media guides and the like for the baseball/softball organisations tournament, the baseball/softball organisations will in good faith use its best efforts to make it clear that the local team only represents a region of that country and is not the National Federation team.

ARTICLE 27

In administering this policy, the baseball/softball organisations will liaise with WBSC, but may receive information directly from any affected National Federation.

ARTICLE 28

Any dispute in relation to this policy must be referred to the WBSC for good faith negotiations and resolution with the baseball/softball organisation.

ARTICLE 29

These principles apply to all teams from National Federations, which have direct qualification into, or participation in international tournaments.

WBSC BY-LAWS – Sanction Procedure and International Game Rules 8/9

ARTICLE 30

The principles set out in this communication may be set out in a subsequent MOU between WBSC and such baseball/softball organisations, but in the interim, the principles set out in this communication remain the agreed position between WBSC, its National Federations and all recognised baseball/softball organisations within their territories.

HOW TO WRITE TO WBSC

For reporting any incident please contact the WBSC:

WORLD BASEBALL SOFTBALL CONFEDERATION (WBSC)
M.S.I. | Av. de Rhodanie 54 | CH-1007 Lausanne
Tel. +41 21 318 8240 | Fax +41 21 318 8241
Email: integrity@wbsc.org
www.wbsc.org

All matters pertaining to an alleged incident, personal information of the concerned persons, other information gathered during investigations and results of investigations (“Confidential Information”) shall be regarded as confidential.

CHAPTER I – GENERAL ASSESSMENTS

ARTICLE 1. PREAMBLE

1.1 This draft refers to the Regulation drawn up by WBSC to regulate on Sports Betting and Corruption in WBSC competitions and sanctioned events.

1.2 Addressing sports betting and match-fixing is one of the top priorities of the International Olympic Committee to safeguard the Olympic Movement. The threat of such activities on the integrity of the results of sports competitions is said to be greater than that of doping, where many controls are already in place. A current assessment suggests little-to-no risk concerning betting on/fixing of WBSC competitions; nonetheless, it is being strongly recommended by the International Olympic Committee to all International Federations and components of the Olympic Movement to have regulations in place.

1.3 As online betting becomes more widely-used and as WBSC competitions draw more attention, there will be a need to develop advanced methods to identify any irregular bets and/or match-fixing. Should the need arise and the threat grow, as determined by the WBSC Executive Board or as indicated by the Olympic Movement, a “Corruption in Sport Monitoring Centre” could be established in the future to police betting activities. It is not required at this stage.

ARTICLE 2. DEFINITIONS

2.1 “Benefit” means the direct or indirect receipt or provision of money or the equivalent such as, but not limited to, bribes, gains, gifts and other advantages including, without limitation, winnings and/or potential winnings as a result of a wager; the foregoing shall not include official prize money, appearance fees or payments to be made under sponsorship or other contracts.

2.2 “Competition” means any WBSC World Cup or WBSC Sanctioned Event.

2.3 “Inside Information” means any information relating to any participant to the WBSC World Cups or WBSC Sanctioned Events that a person possesses by virtue of his or her position in relation to these competitions, excluding any information already published or common knowledge, easily accessible to interested members of the public or disclosed in accordance with the rules and regulations governing the relevant competition.

2.4 “Participant” means any natural or legal person belonging to one of the following categories:

2.4.1 “Athlete” means any person or group of persons competing in any WBSC World Cup or WBSC Sanctioned Event.

2.4.2 “Athlete Support Personnel” means any coach, trainer, manager, agent, team staff, team official, medical or paramedical personnel working with or treating athletes participating in or preparing for any WBSC World Cup or WBSC Sanctioned Event.

2.4.3 “Official” means any person who is the owner of, a shareholder in, an executive or a staff member of the entities which organise and/or promote any WBSC World Cup or WBSC Sanctioned Event. Officials are also tournament officials (Technical Commissioners, Umpires, Scorers, Jury of Appeal) and any other accredited persons.

2.5 “Sports Betting, Bet or Betting” means any wager of a stake of monetary value in the expectation of a prize of monetary value, subject to a future and uncertain occurrence related to any WBSC World Cup or WBSC Sanctioned Event.

ARTICLE 3. VIOLATIONS

The following articles describe conducts that constitute a violation of this By-Law.

3.1 Betting in relation either:

3.1.1 To a Competition in which the Participant is directly participating; or

3.1.2 To the Participant’s sport; or

3.1.3 To any event of a multi-sport Competition in which he or her is a participant.

3.2 Manipulation of Sports Competitions: an intentional arrangement, act or omission aimed at an improper alteration of the result or the course of a Competition in order to remove all or part of the unpredictable nature of this Competition with a view to obtaining an undue Benefit for oneself or for others.

3.3 Corrupt conduct: providing, requesting, receiving, seeking, or accepting a Benefit related to the manipulation of a Competition or any other form of corruption.

3.4 Inside information:

3.4.1 Using Inside Information for the purposes of Betting, any form of manipulation of the Competitions or any other corrupt purposes whether by the Participant or via another person and/or entity.

3.4.2 Disclosing Inside Information to any person and/or entity, with or without Benefit, where the Participant knew or should have known that such disclosure might lead to the information being used for the purposes of Betting, any form of manipulation of Competitions or any other corrupt purposes.

3.4.3 Giving and/or receiving a Benefit for the provision of Inside Information regardless of whether any Inside Information is actually provided.

3.5 Failure to report:

3.5.1 Failing to report to the WBSC at the first available opportunity, full details of any approaches or invitations received by the Participant to engage in conduct or incidents that could amount to a violation of these Rules.

3.5.2 Failing to report to the WBSC at the first available opportunity, full details of any incident, fact or matter that comes to the attention of the Participant including approaches or invitations that have been received by another Participant to engage in conduct that could amount to a violation of these Rules.

3.6 Failure to cooperate:

3.6.1 Failing to cooperate with any inquiry or investigation carried out by the IOC in relation to a possible breach of these Rules, including, without limitation, failing to provide accurately, completely and without undue delay any information and/or documentation and/or assistance requested by the IOC as part of such investigation.

3.6.2 Obstructing or delaying any inquiry or investigation that may be carried out by the IOC in relation to a possible violation of these Rules, including, without limitation, concealing, tampering with or destroying any documentation or other information that may be relevant to the investigation.

ARTICLE 4. APPLICATION OF THE RULES

The following articles describe the application of Articles 3.1 to 3.6 regarding conducts that may constitute a violation to this By-Law.

4.1 For the determination of whether a violation has been committed, the following are not relevant:

a. Whether or not the Participant is participating in the Competition concerned;

b. Whether or not the outcome of the Competition on which the Bet was made or intended to be made;

c. Whether or not any Benefit was actually given or received;

d. The nature or outcome of the Bet;

e. Whether or not the Participant’s effort or performance in the Competition concerned were (or could be expected to be) affected by the acts or omission in question;

f. Whether or not the result of the Competition concerned was (or could be expected to be) affected by the acts or omission in question;

g. Whether or not the manipulation included a violation of a technical rule of the IF concerned;

h. Whether or not the Competition was attended by an official representative of the Sports Organisation.

4.2 Any form of aid, abetment or attempt by a Participant that could culminate in a violation of these Rules shall be treated as if a violation had been committed, whether or not such an act in fact resulted in a violation and/or whether that violation was committed deliberately or negligently.

CHAPTER II – WBSC ACTIONS AGAINST ILLEGAL BETTING

ARTICLE 5. PROHIBITION AND REPORTING

The WBSC Executive Board establishes the following articles:

5.1 Prohibition of Gambling on WBSC Events: no person associated with the WBSC or its events (e.g., Umpires, Technical Commissioners, WBSC Executive Board and Committees, Commissions, staff, NF officials and representatives, personnel or athletes, and the like (hereinafter collectively known as the “Associate/s”)) may be allowed to:

5.1.1 Knowingly provide information to individuals involved or participate in any type of gambling activity (organised or otherwise) concerning WBSC competitions or sanctioned events (hereinafter collectively known as the “Competition/s”);

5.1.2 Solicit or accept a bet on any Competition for any item (e.g., cash, shirt, memorabilia, etc.) that has tangible value;

5.1.3 Engage in any activity to pre-determine the outcome of a Competition (“game-fixing”) or any event that transpires during Competition (e.g., first team to score).

5.2 Obligations to report on Gambling violations and/or suspicious activity on WBSC Events:

5.2.1 Any Associate must report (“whistle-blow”) to WBSC on any party/ies in violation of 3.1, or where there is probable cause to believe a breach of 3.1 has occurred. All reports will be made under the guarantee of confidentiality.

5.2.2 Any Associate must report any attempted approach by a third-party to WBSC and is obligated to declare any suspicions about third parties.

CHAPTER III – DISCIPLINARY PROCEDURE

ARTICLE 6. INVESTIGATION

6.1 The Participant who is alleged to have committed a violation of this Code must be informed of the alleged violations that have been committed, details of the alleged acts and/or omissions, and the range of possible sanctions.

6.2 Upon request by the competent Sports Organisation, the concerned Participant must provide any information which the Organisation considers may be relevant to investigate the alleged violation, including records relating to the alleged violation (such as betting account numbers and information, itemised telephone bills, bank statements, internet service records, computers, hard drives and other electronic information storage devices), and/or a statement setting out the relevant facts and circumstances around the alleged violation.

ARTICLE 7. RIGHTS OF THE CONCERNED PERSON

In all procedures linked to violations of the present By-Law, the following rights must be respected:

7.1 The right to be informed of the charges; and

7.2 The right to a fair, timely and impartial hearing either by appearing personally in front of the competent Sports Organisation and/or submitting a defence in writing; and

7.3 The right to be accompanied and/or represented.

ARTICLE 8. BURDEN AND STANDARD OF PROOF

8.1 The Sports Organisation shall have the burden of establishing that a violation has been committed. The standard of proof in all matters under this By-Law shall be the balance of probabilities, a standard that implies that on the preponderance of the evidence it is more likely than not that a breach of this By-Law has occurred.

ARTICLE 9. CONFIDENTIALITY

9.1 The principle of confidentiality must be strictly respected by the Sports Organisation during all the procedure; information should only be exchanged with entities on a need to know basis. Confidentiality must also be strictly respected by any person concerned by the procedure until there is public disclosure of the case.

9.2 Anonymity of the person making a report must be respected. Anonymous reporting must also be facilitated.

ARTICLE 10. APPEAL

10.1 The Sports Organisation shall have an appropriate appeal framework within their organisation or recourse to an external arbitration mechanism (such as a court of arbitration) – notice By-Law regarding Disciplinary Rules.

10.2 The general procedure of the appeal framework shall include provisions such as, but not limited to, the time limit for filing an appeal and the notification procedure for the appeal – notice By-Law regarding Disciplinary Rules.

CHAPTER IV – WBSC SANCTIONS

The most severe sanctions will be applied as per the By-Law Disciplinary Rules and the laws of the territory of concern. The following articles shall be taken into consideration.

ARTICLE 11. PROVISIONAL MEASURES

11.1 The Sports Organisation may impose provisional measures, including a provisional suspension, on the participant where there is a particular risk to the reputation of the sport, while ensuring respect for Articles 6 to 9 of this By-Law.

11.2 Where a provisional measure is imposed, this shall be taken into consideration in the determination of any sanction which may ultimately be imposed.

ARTICLE 12. SANCTIONS

12.1 Where it is determined that a violation has been committed, the competent Sports Organisation shall impose an appropriate sanction upon the Participant from the range of permissible sanctions, which may range from a minimum of a warning to a maximum of life ban.

12.2 When determining the appropriate sanctions applicable, the Sports Organisation shall take into consideration all aggravating and mitigating circumstances and shall detail the effect of such circumstances on the final sanction in the written decision.

12.3 Substantial assistance provided by a Participant that results in the discovery or establishment of an offence by another Participant may reduce any sanction applied under this By-Law.

ARTICLE 13. MUTUAL RECOGNITION

13.1 Subject to the right of appeal, any decision in compliance with this By-Law by a Sports Organisation must be recognised and respected by all other Sports Organisations.

13.2 All Sports Organisations must recognise and respect the decision(s) made by any other sporting body or court of competent jurisdiction which is not a Sports Organisation as defined under this By-Law.

HOW TO WRITE TO WBSC

For reporting any incident of any form of discrimination, physical or sexual abuse and sexual harassment, please contact the WBSC (a dedicated WBSC official will also be attending the event and will be available; the contact details will be soon communicated):

WORLD BASEBALL SOFTBALL CONFEDERATION (WBSC)
M.S.I. | Av. de Rhodanie 54 | CH-1007 Lausanne
Tel. +41 21 318 8240 | Fax +41 21 318 8241
Email: safeguarding@wbsc.org
www.wbsc.org

All matters pertaining to an alleged incident of harassment and abuse, in particular reports of harassment and abuse, personal information of the concerned persons, other information gathered during investigations and results of investigations (“Confidential Information”) shall be regarded as confidential.

The IOC Consensus Statement on Harassment and Abuse in Sports

CHAPTER I – PREAMBLE

ARTICLE 1. PREAMBLE

1.1 This draft refers to the Framework drawn up by WBSC to safeguard athletes and other participants from harassment and abuse during WBSC events.

1.2 WBSC as the world governing body for the sports of Baseball/Softball, commits to provide a framework within which all the people involved with the Baseball/Softball global community can feel protected via official reporting channels.

1.3 This Framework is pursuant to Olympic Agenda 2020, Recommendation 18: Strengthen support to athletes, and the 2015 7th IOC International Athletes Forum, Recommendation 2d: Development of education materials on all issues of athlete welfare, including non-discrimination, prevention of harassment and abuse in sport. It has been established by the Athletes’, the Athletes’ Entourage, Medical and Scientific and Women in Sport Commissions of the International Olympic Committee (the “IOC”).

1.5 This Framework is supported by Article 1.4 of the IOC Code of Ethics which states:
“Respect for the universal fundamental ethical principles is the foundation of Olympism…These include…Respect for international conventions on protecting human rights insofar as they apply to the Olympic Games’ activities and which ensure in particular…rejection of all forms of harassment, be it physical, professional or sexual, and any physical or mental injuries.”

1.6 WBSC is adopting this framework in the spirit of creating coherence of messaging within the Olympic Movement stakeholders.

ARTICLE 2. TERMINOLOGY

2.1 Safeguarding refers to the processes and mechanisms of ensuring that sports and sporting events are safe settings for all and in which human rights are fully respected.

2.2 A complete definition of harassment and abuse can be found in the IOC Consensus Statement: harassment and abuse (non-accidental violence) in sport (Annex 1), paper which WBSC fully supports.

ARTICLE 3. REJECTION OF HARASSMENT AND ABUSE STATEMENT

3.1 Any form of discrimination, physical or sexual abuse and sexual harassment are completely incompatible with the intrinsic values of sports. Within WBSC there is zero tolerance for discrimination and harassment irrespective of gender, ethnic background, religious faith, sexual orientation and disability.

ARTICLE 4. SCOPE OF APPLICATION

4.1 This Framework applies:
a. During any WBSC event;
b. To all participants of any WBSC Event;
c. To alleged incidents of harassment and abuse.

4.2 For the purposes of this Framework:

4.2.1 “Participants” shall mean all those, individual competitors (Athletes) and teams, officials, managers and other members of any delegation, referees and jury members and all other accredited persons;

4.2.2 The “WBSC Event” shall mean the entire duration of the competition, including the travelling time;

4.2.3 “Harassment” as stated in Article 1.4 of the IOC Code of Ethics or “harassment and abuse” includes psychological abuse, physical abuse, sexual harassment and neglect. These forms of harassment and abuse may occur in combination or in isolation.

4.2.3.1 “Psychological abuse” means any unwelcome act including confinement, isolation, verbal assault, humiliation, intimidation, infantilisation, or any other treatment which may diminish the sense of identity, dignity and self-worth.

4.2.3.2 “Physical abuse” means any deliberate and unwelcome act – such as for example punching, beating, kicking, biting and burning – that causes physical trauma or injury. Such act can also consist of forced or inappropriate physical activity (e.g., age-, or physique- inappropriate training loads; when injured or in pain), forced alcohol consumption, or forced doping practices.

4.2.3.3 “Sexual harassment” means any verbal or physical conduct of a sexual nature, which is unwelcome, or where consent is coerced, manipulated or cannot be given. Sexual harassment can take the form of sexual abuse.

4.2.3.4 “Neglect” within the meaning of these Guidelines means the failure of a coach or another person with a duty of care towards the athlete to provide a minimum level of care to the athlete, which is causing harm, allowing harm to be caused, or creating an imminent danger of harm.

Harassment and abuse can be based on any grounds including race, religion, colour, creed, ethnic origin, physical attributes, gender, sexual orientation, age, disability, socio- economic status and athletic ability. It can include a one-off incident or a series of incidents. It may be in person or online. Harassment may be deliberate, unsolicited and coercive.

Harassment and abuse often result from an abuse of authority, meaning the improper use of a position of influence, power or authority by an individual against another person.

Further details and examples of what can constitute harassment and abuse can be found in the IOC Consensus Statement: harassment and abuse (non accidental violence) in sport (Annex 1).

CHAPTER II – SAFEGUARD PROCEDURE DURING WBSC EVENTS

During WBSC Events, the following articles of the WBSC Framework for safeguarding athletes and other participants from harassment and abuse will apply.

ARTICLE 5. PREVENTIVE MEASURES

5.1 IOC educational materials and other information regarding harassment and abuse in sport will be available to athletes and other participants including their respective entourages prior to, during and after the WBSC Event, in particular explaining what may constitute harassment and abuse, and where athletes and other participants and their respective entourages may seek further information, advice and support.

ARTICLE 6. THE WBSC SAFEGUARDING OFFICER

6.1 There will be a WBSC Safeguarding Officer nominated and available 24/7 throughout the WBSC Event. He/she shall be responsible for:

6.1.1 Documenting all reports of harassment and abuse during the WBSC Event;

6.1.2 Determining whether a follow-up is warranted, and if so, following-up accordingly;

6.1.3 Recommending whether a case should be:

a. Submitted to the WBSC Athletes’ Commission and to the Ethics Commission; and

b. Notified to local authorities, as appropriate and necessary pursuant to local law. For clarity, the local authorities are responsible for determining whether to conduct a criminal investigation in relation to an alleged incident; and

6.1.4 Providing support to any concerned persons.

ARTICLE 7. REPORTING AND PROCEDURE FOR ADDRESSING INCIDENTS OF HARASSMENT AND ABUSE

7.1 Reporting:

7.1.1 Anyone may report an incident of harassment and abuse.

7.1.2 A number of reporting channels through which an alleged incident of harassment and abuse may be reported will be communicated prior to the WBSC Event. Reporting channels may include, in particular:

a. The WBSC Safeguarding Officer

b. Dedicated email address;

c. Dedicated physical address for anonymous reports;

d. The WBSC office

e. Any WBSC official.

7.1.3 The designated WBSC Safeguarding Officer, the persons to whom an alleged incident of harassment and abuse may be reported to shall be identified and communicated prior to the WBSC Event and communicated to LOC and individually to each member of the delegations.

7.1.4 All reports through any reporting channel will be referred to the WBSC Safeguarding Officer.

7.1.5 Reports of harassment and abuse may be made in writing or verbally. The WBSC Safeguarding Officer shall ensure that such reports are documented. This documentation should include the name, title, address, contact information and signature of the reporting person. The documentation should also include information pertaining to the reasons and basis for the report, including any evidence which might suggest that harassment and abuse has occurred. Based on the particular facts as detailed in the reports, the IOC Safeguarding Officer will determine how to proceed with each case.

7.2 Procedure:

7.2.1 If an alleged incident of harassment or abuse has occurred between persons belonging to the same National Federation Delegation, the incident shall be resolved by such NF with the support of the WBSC. If the circumstances of the incident are such that could create a conflict of interest within the concerned National Federation Delegation, the matter shall be dealt directly by the WBSC.

7.3 Competent body:

7.3.1 The Athletes’ commission, in cooperation with the Ethics Commission, is the competent body for the athletes safeguarding procedures. All reported cases will be forwarded to the Athletes commission with the shortest delay. The Athlete commission shall investigate and report on each case at the following WBSC Executive Board. The report shall include:

a. a summary of the case;

b. proposed sanctions where applicable; and

c. proposed preventive measures – where applicable and in accordance with the WBSC Disciplinary Code.

ARTICLE 8. CONFIDENTIALITY

8.1 All matters pertaining to an alleged incident of harassment and abuse, in particular reports of harassment and abuse, personal information of the concerned persons, other information gathered during investigations and results of investigations (“Confidential Information”) shall be regarded as confidential.

8.2 The WBSC may disclose Confidential Information to appropriate persons or authorities if:

a. a failure to disclose such information may cause harm to someone, or

b. such information relates to a potential criminal act that comes to the attention of the WBSC.

8.3 The decisions taken by the Executive Board following the report of the Athletes’ Commission shall, in principle, include confidential information and shall be publically disclosed by the WBSC. When disclosing such decisions, the WBSC shall:

a. not include any personal information of the victim without obtaining the victim’s consent; and

b. anonymises personal information of other concerned persons in certain cases, taking into consideration the privacy interests of such concerned persons.

8.4 All data collected through reporting and procedures shall be recorded and stored by WBSC and kept under this confidentiality policy.

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