General Statutes
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GENERAL STATUTES CHAPTER ONE DEFINITION, COMPOSITION AND PURPOSE Article 1 Name and Authority 1.1 FIBA Americas is constituted as FIBA’s Continent Zone in Americas Continent from now on FIBA Americas, taking into consideration what is established in Article 18 of the General By- Laws of the International Basketball Federation, FIBA. FIBA Americas is constituted by the National Basketball Confederations, Federations and Associations of the Americas affiliated to FIBA (see Article 18.5 and annex). 1.2 FIBA Americas is the sole competent authority for men’s and women’s basketball throughout the America’s Continent, as provided for under Article 18 of the General Statutes. The General Statutes and Internal Regulations of FIBA Americas must agree with those of FIBA, which will ratify them. Article 2 Headquarters and Place of Jurisdiction 2.1 The headquarters of FIBA Americas shall be established in San Juan, Puerto Rico. Any change to these headquarters to another city must be approved by the Congress of FIBA Americas. 2.2 FIBA Americas shall be subject to the laws of Puerto Rico and shall be organized in such a manner as to acquire legal status, registered in the respective record. Article 3 Non-Profit Organization 3.1 FIBA Americas is a non-profit-making organization. Therefore, it shall not pursue any objective for its own gains. It shall pursue solely and directly objectives of general interest in accordance with the legislation of the country in which its headquarters are located. The financial resources of FIBA – Americas may only be used in pursuit of the objectives laid down in these General Statutes. The compensations or reimbursements of expenses paid to individuals, and must be appropriate, justified and related to the objectives of FIBA Americas. Document ESTATUTOS EN INGLES REVISADOS FINAL 3-2006-2010 Page 1 of 1 3.2 FIBA Americas shall establish reserve funds to an extent and in manner permitted by the legal provisions of the country in which its headquarters are located. These reserves may be used in compliance with the legal provisions of the country in which the headquarters are located. The Central Board of FIBA Americas shall decide on the usage of the reserves. Article 4 Code of Conduct 4.1 FIBA Americas shall maintain absolute political and religious neutrality and shall not tolerate any form of discrimination, racial or otherwise. 4.2 All bodies and officials of FIBA Americas must observe the General Statutes, Internal Regulations, decisions and Code of Ethics of FIBA and FIBA Americas. FIBA Americas must comply with the respective Code of Ethics of FIBA. Article 5 Objectives 5.1 FIBA Americas’ aim shall be to develop and control the sport of basketball in all countries of the Continent. To this end, FIBA Americas shall promote, supervise and conduct the sport of basketball throughout the Continent. 5.2 In particular, FIBA Americas shall: a) Ensure the enforcement of the Official Basketball Rules, the specifications for equipment and facilities, and all internal and general regulations that must be applied on all occasions, particularly on International, Centro American and Caribbean, South American, and Pan- American games, in which FIBA Americas established the system of competitions. b) Organize, govern and control all international competitions, particularly at the National and Club team level. c) Control the practice of men’s and women’s basketball in all its forms and age groups. d) Control the nominations and established the criteria for the agents, coaches, referees, instructors and commissioners FIBA Americas, in accord with the respective norms of FIBA. e) Regulate and approve the transfer of players, coaches and referees from one National Federation to another into the Continent of America. Document ESTATUTOS EN INGLES REVISADOS FINAL 3-2006-2010 Page 2 of 2 f) Promote amicable and courteous relations between the National Federations, their leagues, coaches, officials and players, and their respective Zones. g) Promote Internal Regulations to give effect to the General Statutes and ensure their enforcement. h) Take every measure necessary in order to prevent violations of the General Statutes, Internal Regulations of FIBA and FIBA Americas and Official Basketball Rules. i) Prevent all methods or practices which might jeopardize the integrity of the competitions or give rise to abuse of the sport of basketball. j) Provide established principles valid for deciding and settling all disputes between National Federations, Zones, clubs, leagues, coaches, officials and players, guaranteeing the right of defense and an impartial judgment, in accord with these General Statutes and the Internal Regulations of FIBA and FIBA Americas. 5.3 In order to promote the coordination of Basketball in the Continent, Congress may establish Zones Commissions. (See, Article 11). 5.4 FIBA Americas shall seek the integrity of the basketball of the Americas in close cooperation with the Zone Commissions. For that matter, it shall coordinate the activities and specially: a) Prepare the Annual Activity Calendar. b) Technically control and direct the Basketball competitions, for women and men between National Team and Club that are organized at a Continental level and where countries or teams of more than one Zone participate. c) Organize and control, in coordination with FIBA, the Olympic Classification Continental Championship, determining the financial aspects and the competition systems. d) Organize and control, in coordination with FIBA, the Americas Championship that will classify for the following events: 1. World Championship for Men 2. World Championship for Women 3. World U19 Championship for Men 4. World U19 Championship for Women Document ESTATUTOS EN INGLES REVISADOS FINAL 3-2006-2010 Page 3 of 3 5. World U17 Championship for Men 6. World U17 Championship for Women e) FIBA Americas determines the financial system and the competition system of each one of the Americas Championship. f) Govern, and control, the appointment of commissioners and international referees in all National teams and Clubs’ Championships and/or Competitions, under its jurisdiction. 5.5 A National Federation is responsible for obtaining all the financial obligations of its affiliated clubs that belong to FIBA Americas. 5.6 The National Federation that doesn’t pay their own obligations or the clubs under its responsibility could be sanction according to the rules and internal status of FIBA, FIBA – Americas or their respective zones. 5.7 In these cases, and according to their obligations, the Executive Committee could decide the corresponding sanctions, and, if necessary, request from FIBA the suspension of the rights of the National Federation for not complying. 5.8 FIBA – Americas shall not allow a suspended National Federation to participate in any classified championship. 5.9 An associated federation, sanctioned by FIBA, FIBA Americas or any of the Zone’s Commissions, doesn’t have the right to vote in FIBA America’s Congress or its Zone. Their National teams or referees can not participate in none of the activities or official competitions of FIBA, FIBA Americas or any of their respective Zone’s Commissions. 5.10 If a Zone’s Commission allows a National Federation associated or sanction participate in an official International competition, this National Federation should be reinstalled with all the rights as a member affiliated to FIBA. The Commission Zone is responsible for the debts of that National Federation, for allowing that Federation to participate in an official competition. CHAPTER TWO ORGANIZATION OF FIBA AMERICAS Article 6 Divisions of FIBA Americas 6.1 FIBA Americas shall be organized in the following divisions: a) The Congress Document ESTATUTOS EN INGLES REVISADOS FINAL 3-2006-2010 Page 4 of 4 b) The Central Board c) The Executive Committee d) The Secretariat of FIBA Americas, acting through the Secretary General e) The Zones Commissions f) The Permanent Commissions: I. International Competitions Commission II. Women’s Basketball Commission III. Youth Basketball Commission IV. Legal Matters, Statutes and Regulations and Eligibility Commission V. Finances and Budget Commission VI. Club’s Leagues Commission g) The Special Commissions: I. Appeals Commission II. Medical Commission III. Technical Commission IV. Mini-Basketball Commission V. Maxi-Basketball Commission VI. Television and Marketing Commission VII. Ethics Commission h) Organizations officially recognized by FIBA Americas. 6.2 The Congress and the Central Board may designate other Commissions. 6.3 The Commissions designated by the Central Board will be temporary until a decision from the Congress assigns them a permanent condition or until their work is done. 6.4 The Secretary General shall be an ex-officio member of all the FIBA America’s Commissions with voting rights. Article 7 The Congress Document ESTATUTOS EN INGLES REVISADOS FINAL 3-2006-2010 Page 5 of 5 7.1 The Congress shall be the supreme authority of FIBA Americas and shall uphold sovereign powers within its terms of reference under these General Statutes. This Congress should be integrated by: a) A maximum of two (2) delegates per National Federation Member, with the right to one (1) vote which shall be granted to the first delegate, if both are present. b) The President. c) The Members of the Central Board of FIBA and FIBA Americas shall have consultative powers only, unless they officially represent a National Federation. d) The Presidents of the FIBA – Americas Permanent Commissions who shall have consultative powers only, unless they officially represent a National Federation. 7.2 National Federations may be represented by their delegate/s only, who must present a document signed by the President of that National federation proving that they are delegates of that Federation. Delegates may represent one (1) Federation only. 7.3 Representation, and vote, by letter or proxy, is not permitted. 7.4 The President of FIBA Americas preside the Congress. During Congress, he shall not vote, except in the event of a tie when he will have the casting vote.