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 1.1.2021

Anti-doping Rules 2021

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)
Av. du Général Guisan 45 | CH-1009 Pully | Switzerland
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)
Av. du Général Guisan 45 | CH-1009 Pully | Switzerland
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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