FIBA General Statutes

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Article 15

THE CENTRAL BOARD, THE EXECUTIVE COMMITTEE AND

THE TREASURER

15.1 The Central Board 15.1.1 The Central Board has the powers assigned to it under these General Statutes and the Internal Regulations of FIBA, in particular the following:

a. To supervise the sport of basketball worldwide;

b. To develop and update on an annual basis an eight (8) year strategic plan for FIBA and to determine FIBA's general policy;

c. To review and approve the annual business plans and financial statements prepared by the Secretariat of FIBA;

d. To appoint and dismiss the Secretary General and the Deputy Secretary General and to enter into contracts with them relating to their services and their duties on behalf of FIBA;

e. To supervise and monitor the Secretary General’s performance and that of the Secretariat of FIBA;

f. To accept or reject applications for membership from national federations and to assign them to a Zone;

g. To decide on the suspension of national member federations;

h. To establish the Official Basketball Rules, the Official 3x3 Basketball Rules, the specifications for equipment and facilities, and all internal and general regulations that must be applied worldwide and on all occasions, particularly at international or Olympic competitions for which FIBA establishes the system of competition; i. To control the appointment of and set worldwide standards for FIBA agents, coaches, referees, instructors, commissioners, technical delegates, statisticians and other game officials;

j. To regulate the transfer of players, coaches and referees from one national member federation to another;

k. To promote amicable and courteous relations among national member federations, Zones, and their officials and players;

l. To take every measure appropriate in order to prevent violations of these General Statutes, the Internal Regulations, other rules and regulations, decisions, the Official Basketball Rules and the Official 3x3 Basketball Rules of FIBA;

m. To prevent all methods or practices that might jeopardise the integrity of the competitions or give rise to abuse of the sport of basketball;

n. To provide for the principles valid for deciding and settling all disputes between national member federations, Zones, clubs, leagues, officials, and players and guaranteeing the right of defence and an impartial judgement, in accordance with these General Statutes and the Internal Regulations of FIBA;

o. To hear and resolve disputes related to international leagues as per the relevant FIBA Internal Regulations;

p. To present reports (including financial reports) to the Congress;

q. To determine the financial policy and to approve the budget and the yearly audited financial statements;

r. To exercise overall control over the financial management of FIBA;

s. To review the final text of proposed amendments to these General Statutes to be submitted to the Congress for approval. The final text of the proposed amendments, as reviewed by the Central Board, shall be sent to the national member federations together with the agenda for the Congress;

t. To adopt and modify the , and other rules and regulations of FIBA, including any implementing measure designed to comply with ordre public;

u. To organise, govern, control and/or assign the organisation of the FIBA Basketball World Cups for senior Men and Women and other world competitions;

v. To appoint Chairpersons and members of the FIBA Commissions in accordance with the relevant articles of these General Statutes;

w. To approve the Bye-Laws of the Regional Offices; and

x. To approve the statutes and regulations of any other organisations officially recognised by FIBA, as provided in these General Statutes. 15.1.2 Decisions of the Central Board

a. The Central Board is competent to take decisions on any matter not provided for in these General Statutes, or in the event of force majeure.

b. Decisions of the Central Board are final and binding. They must reflect equity, fairness and transparency.

c. Decisions of the Central Board can be appealed only before the Court of Arbitration for Sport. 15.1.3 The term of office of the Central Board is the four (4) years beginning on the first day after closure of the elective Congress through to, and including, the last day of the session of the next elective Congress (cf. Article 14.2.1). 15.1.4 The Central Board consists of the following members with the right to vote: a. Ex officio members aa. The President (1) bb. The Secretary General (1) cc. The Treasurer (1) dd. The President of each Zone (5)

b. Thirteen (13) members elected by the Congress, namely: Africa (2), Americas (3), Asia (2), Europe (4) and Oceania (2). In the event that the national member federations from a Zone nominate eligible candidates of only one gender, the relevant continental quota will be reduced by one position and Article 15.1.6 c. shall apply.

c. Other members aa. A representative of the National Basketball Association (NBA) of the USA, appointed by the members of the Central Board under Article 15.1.4 a. and

b. upon proposal by the President and the Secretary General; bb. A representative of the players, appointed by the members of the Central Board under Article 15.1.4 a. and b. upon proposal by the President and Secretary General; he shall chair the Players’ Commission. cc. Upon proposal by the President and the Secretary General, the Central Board may co-opt up to six (6) additional members to the Central Board (with full voting rights) for the vision, skill and special expertise that they will bring to the Central Board. 15.1.5 Both genders must be represented by at least five (5) persons on the Central Board among the members under Article 15.1.4 a.dd. and b. 15.1.6 The process for the election of the thirteen (13) members under Article 15.1.4 b. shall be as follows:

a. The national member federations shall submit nominations to the Secretariat of FIBA no later than ninety (90) days prior to the first day of the Congress. The national member federations must ensure that their candidates fulfil the eligibility criteria established in the ;

b. The Nominations Panel shall rule on the eligibility of the candidates as per Article 37 no later than forty-five (45) days prior to the first day of the Congress.

c. In the event that positions of either gender remain open after the election, these positions will be filled by the members under Article 15.1.4 a. upon proposal by the President and the Secretary General. 15.1.7 Members listed under Article 15.1.4 b. and c. will be elected / appointed for a renewable term of four (4) years. 15.1.8 The number of Central Board members listed under Article 15.1.4.a.dd. and 15.1.4.b. with the same nationality is limited to one (1). The maximum number of members with the same nationality among all members of the Central Board is two (2). 15.1.9 Membership of the Central Board is personal and proxies are not permitted. Central Board members must act in a responsible and independent manner, in the interests of FIBA globally. The membership of ex officio members (Article 15.1.4 a.) in the Central Board is conditional upon their holding the relevant position. Article 45 shall apply to all the members of the Central Board. 15.1.10 If an elected or co-opted member of the Central Board is absent from two (2) consecutive meetings without special leave of absence from the Central Board, then the Central Board shall declare his seat to be vacant. The consequent vacancy shall be filled for the balance of the term in accordance with Article 45 of these General Statutes. 15.1.11 Those members elected by the Congress under Article 15.1.4 b. are ex officio members of the Board of the respective Zone. 15.1.12 The first Vice-President is the person so appointed by the Central Board upon proposal by the President and Secretary General. The President and first Vice-President must come from different Zones. The President and the Secretary General may propose to the Central Board to appoint up to two (2) further Vice-Presidents from among its members. 15.1.13 In addition to the members of the Central Board, the following persons may attend the meetings of the Central Board, without voting rights:

a. The Deputy Secretary General (if appointed)

b. The Secretary General Emeritus (if the title is granted)

c. The Executive Directors of the Regional Offices

d. The president of the International Basketball Foundation 15.1.14 The Secretary General may invite other persons to attend meetings of the Central Board, in particular when matters within their competence are to be discussed. They shall have consultative powers only. 15.1.15 The Central Board will hold ordinary meetings twice yearly. If necessary, the President and the Secretary General may call additional meetings of the Central Board. In this event, members must be informed at least thirty (30) days prior to the additional meeting. 15.1.16 Upon the request by at least fifteen (15) members of the Central Board, the Secretary General shall call an extraordinary meeting of the Central Board to be held within fourteen (14) days of the request. 15.1.17 A copy of the agenda and the working documents will be transmitted in such a manner so as to be in the hands of the Central Board members at least seven (7) days before a meeting commences. 15.1.18 No quorum is required for a meeting of the Central Board. 15.1.19 At the request of the President and the Secretary General, the Central Board may meet by video/audio conference and may vote by correspondence, including email or other electronic means.

15.2 The Executive Committee 15.2.1 Between the meetings of the Central Board, the Central Board's powers as per these General Statues are exercised by the Executive Committee. In doing so, the Executive Committee shall inter alia:

a. Develop tactics for extending the reach of basketball;

b. Use its influence in developing new commercial relationships;

c. Monitor outcomes and performances against the annual business plan and the longer-term strategic plan approved by the Central Board; d. Approve the yearly budgets and receive financial updates;

e. Assist management in dealing with critical issues that have the potential to derail the outcomes in the business plan / strategic plan;

f. Assign hosts for events (except the FIBA Basketball World Cups for Senior Men and Women);

g. Review and supervise the performances of the Zones and the Regional Offices; and

h. Inform immediately all members of the Central Board of any decision taken by the Executive Committee. 15.2.2 The foregoing notwithstanding, the Executive Committee does not have the power to:

a. Adopt and modify the ;

b. Establish the Official Basketball Rules;

c. Approve the audited financial statements;

d. Approve the development and updates of FIBA's long-term strategic plan;

e. Review the final text of proposed amendments to these General Statutes;

f. Assign the organisation of the FIBA Basketball World Cups for Senior Men and Women;

g. Appoint and dismiss the Secretary General and the Deputy Secretary General and to enter into contracts with them relating to their services and their duties on behalf of FIBA; or

h. Supervise and monitor the Secretary General's performance and that of the Secretariat of FIBA. 15.2.3 In addition, the Executive Committee has the power to:

a. Approve the Zone Competitions Regulations;

b. Authorise the appointment and/or dismissal as well as the entering into and/or termination of contracts with the Executive Directors of the Regional Offices upon proposal by the Secretary General in consultation with the respective Zone Board;

c. Approve the budgets prepared by the Zones and to evaluate the performance of, and to allocate FIBA resources to, the Regional Offices as required; and

d. Exercise all other powers assigned to it under these General Statutes. 15.2.4 The Executive Committee shall consist of persons representing both genders and shall include the following members with the right to vote:

a. The President, who chairs the Executive Committee;

b. The Secretary General;

c. The Treasurer;

d. Six (6) members appointed by the Central Board upon proposal by the President and the Secretary General from among the members of the Central Board listed in Article 15.1.4 a. dd. and b.; and

e. Up to two (2) additional persons appointed by the Central Board upon proposal by the President and the Secretary General for the vision, skill and special expertise that they will bring to the Executive Committee. 15.2.5 The Executive Directors of the Regional Offices shall attend the meetings of the Executive Committee without a right to vote. 15.2.6 The number of Executive Committee members listed in Article 15.2.4 d. with the same nationality is limited to one (1). 15.2.7 The Executive Committee will hold meetings at least two (2) times per year. If necessary, the President and the Secretary General may call additional meetings of the Executive Committee. 15.2.8 A quorum of five (5) members is required for a meeting of the Executive Committee. At the request of the President and the Secretary General, the Executive Committee may meet by video/audio conference and may vote by correspondence, including email or other electronic means. 15.2.9 At least three (3) Zones must be represented in the six (6) members listed in Article 15.2.4 d. above. 15.2.10 Membership of the Executive Committee is personal and proxies are not permitted. Executive Committee members must act in a responsible and independent manner, in the interests of FIBA globally. The membership of ex officio members (Article 15.2.4 a., b., c.) in the Executive Committee is conditional upon their holding of the relevant position. Article 45 shall apply to all the members of the Executive Committee. 15.2.11 If a member of the Executive Committee is absent from two (2) consecutive meetings without special leave of absence from the Executive Committee, then the Executive Committee shall declare his seat to be vacant. The consequent vacancy shall be filled for the balance of the term in accordance with Article 45 of these General Statutes. 15.2.12 Decisions of the Executive Committee can be appealed only before the Court of Arbitration for Sport.

15.3 The Treasurer 15.3.1 The Treasurer is elected by the Congress for a renewable four (4) year term of office. 15.3.2 The process for the election of the Treasurer is as follows:

a. At least one-hundred-and-twenty (120) days prior to the first day of an elective Congress, the Secretary General shall invite nominations for the position of Treasurer from the national member federations.

b. Nominations shall close with the Secretary General ninety (90) days prior to the first day of the elective Congress at which the election will take place.

c. The nominations shall be submitted to the Nominations Panel, which shall rule on the eligibility of the nominations no later than forty-five (45) days prior to the first day of the Congress (cf. Articles 14.1.8 and 37).

d. Upon proposal by the Secretary General, the Congress shall elect the Treasurer as provided for in Article 14.1.4 e. 15.3.3 The Treasurer has the following duties:

a. To oversee the financial administration of FIBA and to liaise with the external auditors as required;

b. To supervise the current account of income and expenditure;

c. To examine the periodic financial reports prepared by the Secretariat of FIBA;

d. To prepare the four (4) year budget in conjunction with the Finance Commission and the Secretariat of FIBA;

e. To oversee the implementation of the budget; and f. To present the financial statements to the Central Board and to the Congress.