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.
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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.
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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
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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
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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
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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. When for any reason the President can not preside the Congress, the First Vice President will be the substitute.
7.5 The President shall be elected for one (1) single, four (4) year term, of office only. The Presidency shall rotate between the three Zones of FIBA Americas in the following order:
1. North America (2002-2006)
2. Central America and Caribbean (2006-2010)
3. South America (2010-2014), and so-on in rotations.
7.6 Should the President be temporarily indisposed, the first Vice President of FIBA Americas shall deputize for him during Congress’ Session and/or meetings of the Central Board. In the event of permanent indisposition, the Zone Commission shall propose another representative from the Zone to replace the President until the next session of Congress.
7.7 The Congress shall have the duties assigned to it in these General Statutes. In particular, it shall have the power to:
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a) Approve the agenda.
b) Adopt and modify these General Statutes.
c) Election of the President of FIBA Americas.
d) Election of the Treasurer of FIBA Americas.
e) Ratify the composition of the Central Board, including the nomination for First and Second Vice-President and the Presidents of the zones.
f) Examine and approve all reports, including the activities’ report from the Central Board, and other items on the agenda.
g) To approve every aspect necessary for the benefit, promotion and development of the basketball sport in the Continent, and in the World, that be on the agenda.
7.9 The Congress shall meet once every four (4) years on a date before the World Congress. No quorum shall be required for a meeting of the Congress.
7.10 Only matters proposed by the President of FIBA Americas, the Secretary General, the Central Board or the National Federations shall be included on the agenda for the session of Congress, provided that these issues are within the latter’s competence. Proposals shall be submitted to the Secretary General of FIBA Americas at least ninety (90) days prior to the opening of Congress.
The final agenda shall be determined by the Secretary General, and included in the letter of invitation to the Congress.
7.11 Upon the request of one-fifth of the National Federations of FIBA Americas or, by decision of the Central Board, an extraordinary session of Congress shall be held within three (3) months of receipt of such a request by the Secretariat of FIBA Americas.
7.12 If there is an Extraordinary Session of Congress, the topics to be included on the agenda shall be specified in the request for such a session. However, only such matters that are included within the powers of the Congress shall be placed on the agenda.
7.13 The date, place and agenda for the Congress shall be established by the Secretary General and must be send to the national federations at least forty-five (45) days prior to the date of the Congress. Extraordinary sessions of Congress shall always be held in the same city where the headquarters of FIBA Americas are.
7.14 Participation forms for delegates and members of the Central Board must be out of the Secretariat of FIBA Americas at least twenty-four (24) hours prior to the opening of Congress.
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7.15 The Secretary General is responsible for ensuring that details of the decisions taken are correctly documented.
7.16 The decisions of Congress shall be final and not subject to appeal.
7.17 Unless there is a specific decision against the Statutes or the Congress, those decisions shall be in effect from the time of their approval by the Congress.
7.18 When a National Federation is organizing Congress, it shall be responsible of the staying expenses of the members of the Central Board, travel expenses and accommodations of the members of the Executive Committee and the administrative expenses of the meeting.
Article 8 The Central Board
8.1 The Central Board shall enforce the powers delegated to it in these Statutes and the Internal Regulations, in particular the following:
a) To supervise the practice of basketball in the Continent.
b) To supervise the Secretary General’s management of FIBA Americas’ affairs.
c) To hear and resolve disputes related to international leagues according to the relevant Internal Regulations of FIBA.
d) To appoint the Secretary General and the Deputy Secretary General and to enter into contract with them relating to their services and their duties on behalf of FIBA Americas.
e) To present activities and financial reports from the last period to the Congress.
f) To determine the financial policy and to approve the budget and the financial reports prepared by the Treasurer and Finance Commission, to be submitted to the Congress’ evaluation and further approval.
g) To exercise overall control over the financial management of FIBA Americas.
h) To adopt and modify the final text of the proposed amendments to these General Statutes to be submitted for Congress’ approval. This final text shall be sent to the National Federations together with the invitation to the Congress.
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i) To adopt and modify the Internal Regulations. Such regulations shall be adopted by an absolute majority of members of the Central Board of FIBA Americas.
j) To appoint presidents and members of the FIBA Americas Permanent Commissions in accordance with the relevant articles of these General Statutes.
k) To approve the General Statutes from the Zone and Regional Commissions.
l) To approve the Statutes and Regulations of any other organizations officially recognize by the Congress of FIBA Americas.
m) To grant the title of Secretary General Emeritus.
n) To grant the title of Honorary Member to a person who have contributed in an exceptional way to FIBA Americas and also to propose to FIBA the names of the person that, because of their contributions to FIBA Americas, deserve similar distinctions.
o) To represent FIBA Americas, through the President or the Secretary General, according to the established Statutes and Internal Regulations.
p) To study proposals, suggestions and reports sent by the Zone, Permanent and Special Commissions and National Federations members.
q) To perform, by way of its Members, every responsibility determine by its functions.
r) To prepare, in coordination with the Zone’s Commissions, the activities’ schedule.
s) To sponsor and support the championships, competitions and games among National Teams and Clubs, senior and youth, men’s and women’s, in all its forms and ages groups.
t) To coordinate the organizations of clinics for coaches, referees, table officials and commissioners, and all other training activities that it deems necessary.
u) To present to the Central Board of FIBA, propose changes to the Statutes, Internal Regulations and Official Basketball Rules.
v) To ratify the National Instructors nominated by the National Federations, according to the suggested rules of the Basketball Academy of FIBA Americas.
w) To appoint members of FIBA Americas that integrates the FIBA Central Board. (See, Art. 16.4 of FIBA’s Statutes)
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x) To name the Vice-President of FIBA (See, Art. 16.10 of FIBA’s Statutes) for FIBA Americas, according to the following order:
Center Zone: 2006 – 2010 South Zone: 2010 – 2014 North Zone: 2014 – 2018, and so-on in rotations.
8.2 Decisions of the Central Board of FIBA Americas can be appealed only before the Court of Arbitration for Sport.
8.3 The term of office for the Central Board shall be the four (4) years beginning on the first day after closure of the Congress through to, and including, the last day of the next ordinary session of Congress.
8.4 The Central Board shall be integrated by the following members with the right to vote:
a) The President of FIBA Americas
b) The first Vice-President of FIBA Americas, who shall be the next President in the following office period in accordance, as expressed in the present Statutes, see Art. 13.
c) The second Vice-President of FIBA Americas, who shall be from the Zone that occupied the last period Presidency
d) The Secretary General of FIBA Americas.
e) The Treasurer of FIBA Americas.
f) The Presidents of the three (3) Zones
g) Three (3) members from the North America Zone
h) Five (5) members from the Central America and Caribbean Zone
i) Five (5) members from the South America Zone
j) The members of FIBA Americas who shall be in the FIBA Central Board during this period.
k) The Presidents of the Permanent Commissions:
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I. International Competitions
II. Women’s Basketball
III. Youth’s Basketball
IV. Legal Matters, Statutes, Internal Regulations and Eligibility
V. Finances and Budget
VI. Clubs Leagues
8.5 Those members designated by the Zones shall hold office for the term provided for in Article 8.3. If a designated member is permanently indisposed, a substitute member from within the national federations of the respective Zone shall be designated by the Zone for the remaining part of the current term of office.
8.6 The Central Board shall hold ordinary sessions at least once a year. 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 Extraordinary Session.
8.7 A copy of the agenda, and the working documents, will be delivered by any means to be in the hands of the Central Board members at least seven (7) days before a meeting commences.
8.8 The Secretary General shall invite other persons, such as the President of the FIBA Americas Commissions, to attend the meetings of the Central Board, in particular when matters within the competence of their Commissions are to be discussed. They shall have consultative powers only.
8.9 No quorum is required for a meeting of the Central Board.
8.10 In the event of a tied vote in the meetings of the Central Board, the President shall have the casting vote. At the request of the President and the Secretary General, the Central Board may vote by correspondence also.
8.11 In addition to the members of the Central Board, the following persons shall attend the meeting of the Central Board, without voting rights:
a) The Deputy Secretary General and the Secretary General Adjunct of FIBA Americas, if appointed.
b) The Secretary General Emeritus, if the title is granted.
c) The past Presidents of FIBA Americas after their term has ended.
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d) Every period of four (4) years, the Members of America that integrated the Central Board FIBA in the previous four years.
8.12 Membership of the Central Board of FIBA Americas is strictly personal and proxies are not permitted. While the Central Board members bring the knowledge, skills and expertise from the Zone by which they are designated, they shall act independently in the interests of FIBA and FIBA Americas globally. Decisions of the Central Board shall reflect equity, fairness and transparency.
8.13 The Treasurer shall have the following duties:
a) To oversee, in all aspects, the financial administration of FIBA Americas.
b) To supervise the current account of income and expenditure.
c) To verify accountable documents, and approve the periodic financial reports prepared by the Secretary General of FIBA Americas.
d) To draw up the four (4) years budget in conjunction with the other members of the Financial Commission and the Secretary General.
e) To ensure the proper implementation of the budget.
f) To present the financial statements to the Executive Committee.
Article 9 Executive Committee
9.1 The Executive Committee is an organization integrated by: the President, First Vice-President, Second Vice-President, Secretary General, the Treasurer and the Past President. The Secretary General Emeritus, if appointed, may participate without vote.
9.2 The Executive Committee will assume all faculties delegated by the Central Board except what is expressed in the article of this General Statutes. Also, all urgent matters that require immediate action however their decisions should be ratified by the Central Board. They shall approve the budget of income and expenses presented to them by the Treasurer, and should submit it to the Central Board for their final approval.
9.3 The Executive Committee will meet every time by the Secretary General in coordination with the President or by half plus one of its members. The Executive Committee will meet a minimum of three (3) times a year.
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9.4 Shall approve the nomination of the members of the Commissions proposed by their respective Presidents.
9.5 The decisions made by the Executive Committee will be taken by half plus one of its members. If there is a tie, the President decides.
Article 10 The General Secretariat of FIBA Americas
10.1 The General Secretariat is composed by:
a) The Secretary General
b) The Deputy Secretary General (if any)
c) The Administrative Personnel and Technical Secretary
10.2 All the members of the Secretariat shall remain in office until their contracts expire. Their contracts shall be in accordance with the legislation of the country of the Secretariat’s headquarters.
10.3 The Secretary General manage the Secretary of FIBA Americas and assume all responsibility for it. He/she may not hold an official position within a National Federation, or a Zone Commission unless expressly consented to by the Central Board.
10.4 The Secretary General, or a representative designated by him, is the sole legal representative of FIBA Americas.
10.5 The Secretary General shall be appointed by the Central Board and shall remain in office until the expiration of his contract. He/she shall be eligible for reappointment.
10.6 The Secretary General, personally or through his advisors, shall be responsible for the study and implementation of measures concerning the promotion, supervision and direction of basketball in the Continent, including such project of technical and medical assistance that FIBA Americas may be able to provide for National Federations or Zone Commissions. In particular, the Secretary General shall have the following duties:
a) To lead and manage the Secretariat.
b) To ensure the implementation of all decisions taken by the Congress, Central Board or the Executive Committee. For this matter, it shall have all the authority to name the special personnel necessary for the correct functioning of the administrative and technical office.
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c) To establish norms and regulations and control all international competitions that are under control of FIBA Americas including designation of internationals referees and technical Championships aspects (see Article 7) and will be ensure, by the agreement establish in the Internal Regulations of FIBA, the implantation of the respective controls of doping when corresponded.
d) To convene and prepare the sessions of Congress, the meetings of the Central Board and Executive Committee, in coordination with the President.
e) To maintain the archives.
f) The publication, and delivery, of the Statutes and Regulations of FIBA Americas and the official Game Rules in Spanish and English, to the Members of the Central Board, Permanent and Specials Commissions, National Federations and the official bodies recognized by FIBA Americas.
g) To draft and circulate official communications of FIBA Americas.
h) To ensure the receipt of annual fees of the member National Federations; also contributions, royalties and dues, installments and fines imposed by the competent divisions of FIBA Americas in coordination with the Treasurer.
i) To administer the FIBA America’s finances.
j) To study ways of ensuring the financial resources of FIBA Americas and to submit a report to the Executive Committee accordingly.
k) To ensure compliance by the member National Federations with these General Statutes and Internal Regulations of FIBA and FIBA Americas and to inform the Executive Committee of any flagrant violations of the spirit and letter of them.
l) To impose the sanctions, in accordance with the Basic Principles governing the Application of Penalties, provided for in these General Statutes, Internal Regulations and Official Game Rules.
m) To rule in cases where his jurisdiction is specifically provided for.
n) The elaboration, in cooperation with the Financial and Budget Commission and the Treasurer, of the Budget Project for every four year period, to be submitted for the consideration of the Executive Committee.
10.7 The Secretary General may appoint, with the approval of the Central Board, a Deputy Secretary General and one, or more, Secretaries Adjunct.
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10.8 If appointed, the Deputy Secretary General shall exercise all duties delegated to him by the Secretary General. Should the Secretary General be temporarily indisposed, the Deputy Secretary General shall replace him for the duration of his absence, and assume all of his powers. Should the Secretary General be permanently indisposed, the Deputy Secretary General shall automatically act as his substitute in all matters until the next meeting of the Central Board.
10.9 The Deputy Secretary General may not hold an official position within a National Federation or a Zone unless expressly consented to by the Central Board and approved by the respective Zone Commission.
10.10 The Central Board may grant the title of Secretary General Emeritus to a person who has performed the duty of Secretary General of FIBA Americas for more than ten (10) years and has rendered meritorious services to FIBA Americas. The Secretary General Emeritus should be invited to attend all meetings of FIBA Americas, as well as all main official competitions of the Continent. He shall exercise all duties delegated to him by the Secretary General.
Article 11 Zone Commissions
11.1 In order to promote a better co-ordination of the Continent’s basketball, the Congress may establish Zone Commissions.
11.2 In representation of FIBA Americas, the Zone Commissions shall promote, supervise and direct the basketball within their corresponding regions in strict compliance with the policies established by the Congress, the Central Board and the Executive Committee of FIBA Americas. The Zone Commissions are not authorized to represent FIBA Americas, unless they do it by request of the Secretary General.
11.3 The following Zone Commissions were approved by the Congress:
a) Central America and Caribbean Commission Zone (FIBA CONCECABA):
o Antigua and Barbados, Aruba, Belize, Bahamas, Barbados, Bermuda, British Virgin Island, Cayman Island, Costa Rica, Cuba, Dominica, Dominican Republic, El Salvador, Guatemala, Grenada, Guyana, Haiti, Honduras, Jamaica, Mexico, Montserrat, Netherlands Antilles, Nicaragua, Panama, Puerto Rico, St Kitts, St Lucia, St Vincent and Grenadines, Surinam, Turks and Caicos, Trinidad and Tobago, and U.S. Virgin Island.
b) North American Zone Commissions:
o Canada and United States of North America
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c) South American Zone Commissions (FIBA CONSUBASQUET):
o Argentina, Bolivia, Brasil, Chile, Colombia, Ecuador, Paraguay, Peru, Uruguay and Venezuela.
11.4 Also, and continuing with the criteria before mentioned, in the case of FIBA CONCECABA and its twenty four (24) countries, the Congress approves the following Sub-division of the Zone:
a) FIBA CBC (Caribbean Basketball Confederation):
o Antigua and Barbuda, Aruba, Bahamas, Barbados, Bermuda, Virgin Islands, Cayman Island, Cuba, Dominica, Dominican Republic, Grenada, Guyana, Haiti, Jamaica, Montserrat, Netherlands Antilles, Puerto Rico, St. Kitts, St. Lucia, St. Vincent and Grenadines, Surinam, Turks and Caico, Trinidad and Tobago and US Virgin Islands.
b) FIBA COCABA (Central America Commission of Basketball):
o Belize, Costa Rica, El Salvador, Guatemala, Honduras, Mexico, Nicaragua, and Panama.
11.5 Each Confederation, Federation or Association, could belong to one Zone only. When one National Federation is affiliated to FIBA, it becomes a member of its respective Zone, automatically.
11.6 The Commission Zones should have the following rights and obligations:
a) To promote the practice of basketball in the geographic region under their jurisdiction and organize competitions of the Zone in a permanent and regular manner, in strict compliance with the administrative and technical regulations of FIBA and FIBA – Americas.
b) To comply with, and secure, the strict enforcement of these General Statutes and all other regulations of FIBA and FIBA – Americas and to abide by any decision made there under.
c) To impose such sanctions on members and entities under their jurisdiction, that does not comply with their own Statutes and Regulations.
d) To inform the Secretariat of FIBA Americas of any event or competition organized by them and, if necessary, to obtain the corresponding authorization when it is required by the Regulations. To inform the Secretariat of FIBA Americas the results of all the competitions organized, in all the regions under their jurisdictions
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e) To send to the Secretariat of FIBA Americas for its approval, all the transference of players in their Zone and from one Zone to another Zone in the Continent.
f) Inform the Secretary of FIBA Americas of all doping cases.
g) To present the Central Board of FIBA Americas any information that could be considered of interest and knowledge to the basketball world.
h) To designate members to the FIBA Americas’ Central Board, as established in the Article 8.4 of these General Statutes. The term of office of the members should be the same as that of the members of the Central Board of FIBA Americas. Their designations or election should therefore, be done in the same year and before the FIBA Americas’ Congress.
11.7 Each Zone shall be organized in the most appropriate manner to the conditions prevailing in its own Region.
For that purpose, they shall establish its own by-laws and regulations in accordance with the present Statutes and the respective Statutes and Internal Regulations of FIBA, and such regulations made by a Zone, shall be complementary to, and not in substitution of, the General Statutes and Internal Regulations of FIBA Americas and FIBA. These documents must be submitted to the Central Board of FIBA Americas for approval. In the event of any discrepancy between the FIBA and FIBA Americas regulations and the complementary regulations made by the Zone, then the FIBA and FIBA Americas Regulations shall prevail.
11.8 Just one National Federation affiliated to FIBA could be member of one of the Zone’s region. The establishment of the Zone’s Commission should not affect the affiliation with the National Federation of FIBA.
11.9 Every Zone’s Commission elects its President. The Presidents of the Zone’s Commissions shall be elected by the same term of the members of the Central Board of FIBA Americas.
11.10 In order to assure the correct function of the Zone’s Commissions, they should receive an annual subsidy from FIBA Americas., which should be decided by the Central Board. The Central Board should decide the conditions that they are to have in order to receive the subsidy and, if necessary, to establish it in a contract.
11.11 The Commission Zone should mail detailed reports of the activities to the Secretary of FIBA Americas. FIBA Americas, by decision of the Central Board, reserves the right to eliminate the subsidy if the activities of the Zone are not satisfactory.
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11.12 The Zones shall establish an Appeals Commission, in accordance with the regulations given by the Central Board. Decisions by the Zone’s Commissions shall be comply by the Federation of their Region and should not generate any conflict with FIBA or FIBA Americas.
Article 12 The FIBA Americas Commissions
12.1 The Permanent and Special Commissions of FIBA Americas are:
a) International Competitions
b) Women’s Basketball
c) Youth Basketball
d) Legal Matters, Statutes, Regulations and Eligibility
e) Budget and Finance
f) Club Leagues
g) Appeals
h) Medical
i) Technical
j) Mini Basketball
k) Veterans Basketball
l) Television and Marketing
m) Ethics
12.2 The FIBA Americas’ Permanent and Special Commissions, (see Article 6.1 f and g), shall have a four (4) year term of office identical with that of the Central Board. Each Commission consists of their President and a minimum of four (4) members, unless the Central Board decides otherwise.
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12.3 Each Commission shall have a Vice-President, appointed by the Central Board from the members that integrate the Commission. Should the President of a Commission be temporarily indisposed, the Vice-President shall deputize for him during meetings of the Commission. In the event of permanent indisposition, the Vice President of the Commission shall replace him until the next session of Congress.
12.4 The Secretary General shall be an ex-officio member of all the Commissions, with voting rights.
12.5 The membership of a Commission is strictly personal and representation by proxy is not permitted. While Commission members bring the knowledge, skills and expertise from the National Federation and from the Zone from which they are drawn, they shall act independently in favor of the interests of FIBA Americas.
12.6 The Secretary General may appoint on an ad hoc basis other committees, constituted by persons with special skills in their field of expertise, to advise him. The Central Board shall be informed.
12.7 The Commission shall meet whenever is necessary at the invitation of their President, in consultation with the Secretary General. The exception to this is the Appeals’ Commission, which shall meet in conjunction with the Legal Commission in its first meeting of a new four-year period, and otherwise as required.
No quorum is required for meetings of the FIBA Americas’ Commissions.
12.8 A copy of the agenda and the working documents shall be transmitted to the Commission’s members at least seven (7) days before a meeting commences.
12.9 Members of these Commissions who do not take an active, or satisfactory, part in the work of their Commission may be replaced upon the decision of the Central Board.
12.10 The FIBA Americas Commissions shall act in a consultative capacity only and shall not exercise executive authority. However, Presidents and members of the Commissions may be called upon by the Secretary General to exercise executive duties. In such cases, they shall not act as representative of their Commission but as delegate of the Secretary General.
Article 13 International Competitions Commission
13.1 The International Competitions Commissions shall have the following duties:
a) To study the regulations governing all international competitions, as well as the regulations established by other divisions of FIBA Americas for international competitions.
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b) To prepare the competitions systems’ drafts for all Americas’ Championships for men and women.
c) To prepare the competitions systems’ drafts for new FIBA Americas’ competitions.
d) To study the continental annual calendar for FIBA Americas’ competitions.
13.2 All draft drawn up by the Commission must be submitted to the Executive Committee for their approval, through the Secretary General.
Article 14 Woman’s Basketball Commission
14.1 The Women’s Basketball Commission shall have the following duties:
a) To administer all matters regarding women’s basketball in our Continent.
b) To propose to the FIBA Americas’ Central Board any measures deemed necessary to develop and promote the women’s basketball.
c) To propose to the International Competitions Commission any measures related to the official international competitions for women.
Article 15 Youth Basketball Commission
15.1 The Youth Basketball Commission shall have the following duties:
a) The study of issues relating to youth basketball, ranging from mini-basketball to the young people’s category.
b) To propose to the Central Board any measures deemed necessary to promote the development of Mini-Basketball, and to ensure the transition to the youth categories and the development of youth categories in our Zone.
c) To propose to the International Competitions’ Commission any measures regarding to the official international competitions for youth categories.
Article 16 Legal Matters, Statutes and Regulations and Eligibility Commission
16.1 The Commission of Legal Manners, Statutes and Regulations and Eligibility should have the following duties:
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a) To provided independent and impartial advice on all legal matters concerning the practice of basketball in our Zone.
b) The study of legal implication of all proposes amendments to the General Statutes of FIBA Americas, and the proposal of any change deem necessary.
c) To draft the official text of the Internal Regulations, together with the other respective bodies concerned, and to finalize this text before submitting it to the Central Board for approval.
d) To advise the Secretary General and the Central Board on matters pertaining to the interpretation of the current General Statutes, Internal Regulations and all other matters, particularly those related to Eligibility.
Article 17 Finance and Budgets Commission
17.1 The Finance and Budget Commission will have the following duties:
a) To examine, in co-operation with the Treasurer, the FIBA Americas’ draft budget and send its conclusions to the Central Board for its approval.
b) To prepare, in co-operation with the Treasurer, any report deem necessary concerning the financial aspects and send its conclusions to the Central Board for its approval.
17.2 The Budget and Finance Commission is composed by:
a) The Treasurer of FIBA Americas as its President.
b) Two members at least, named by the Central Board by recommendation of the Secretary General.
Article 18 Clubs’ Leagues Commissions
18.1 A Club’s League is an institution that organized and manages an authorized competition of clubs.
18.2 These Leagues could exist on a national, continental and continental level.
18.3 The Continental and Intercontinental Leagues are Internationals Leagues.
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18.4 The organized Leagues within the limits of a country are National Leagues and should request to be recognized by the respective National Federation affiliated to FIBA.
18.5 The organized Leagues within the limits of a Continent are International Leagues and should request to be recognized by FIBA Americas.
18.6 The respective recognitions will be given under the FIBA Internal Regulations and should be respected in their totality.
18.7 The Clubs’ Leagues Commission shall have the following duties:
a) To promote the competitions of clubs in all countries of our Continent, as a way to achieve the continuous development of female, and male, players with a high level of competitiveness.
b) To promote a good communication between the Leagues and National Federations.
c) To intervene in cases where the relationships of the Leagues and National Federations come into conflict.
d) To promote International Leagues competitions to provide the Clubs with an opportunity that will motivate them and make them grow institutionally, and that allow the players a greater opportunity to develop and to demonstrate their qualities in another country.
e) To study and establish rules for the national and international competitions and submit them to the Secretary General for its discussion and then to the Central Board for its approval.
18.8 The Club’s Leagues Commission is integrated by:
a) The President, nominated by the Central Board.
b) Three members of the Clubs’ League proposed by the National Federation and nominated by the Central Board.
Article 19 Appeals Commission
19.1 The Appeals’ Commission shall have the following duties:
a) To hear and rule in every aspect concerning the penalties imposed by FIBA Americas, including its organisms and disciplinary corps, with the exception of those cases that,
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because of being expressly specified in the General Statutes, its intervention shall not be possible.
b) To act as arbitration panel for disputes within different Continental entities, and/or their respective disciplinary commissions, that are not directly involve in the dispute.
c) To prepare, in consultation with the Legal Commission, the Regulations governing Appeals for approval by the Central Board.
d) To consult with and to suggest to the Legal Commission any amendments to these General Statutes and the Internal Regulations.
Article 20 The Medical Commission
20.1 The Medical Commission of FIBA Americas shall give advice and information exclusively on matters of strictly medical nature. It shall advise the Secretary General, upon request, on all matter within its field of competence.
20.2 In co-operation with other pertinent bodies of FIBA Americas, the Medical Commission shall study and propose regulations on doping for approval by the Central Board and/or, when recommended, by the Legal Commission. Except for when other provision specified to basketball exists, the regulation shall be consistent with the provisions of the International Olympic Committee’s Medical Code or WADA’s Anti-Doping Code.
20.3 During all official FIBA Americas’ competitions, a meeting of doctors and team officials from the participating teams shall be held. A report shall be sent to the Secretary General.
20.4 The Medical Commission shall consist of:
a) The President of the Commission.
b) The Presidents of the Medical Commissions of the FIBA – Americas’ Zones who shall be designated by the respective Zones.
Article 21 Technical Commissions
21.1 The Technical Commissions shall have the following duties:
a) The Technical Commission translates to Spanish the Game Rules, and unifies the criteria of their application according to the Technical Commission of FIBA. Also, it shall prepare
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suggestions to modify them and has competency to decide in dubious and unforeseen cases.
b) Any suggested amendment to the Game’s rules, shall be informed to the FIBA Americas Secretary General, who will then inform them to FIBA’s Secretary General.
c) In co-operation with the Technical Director of FIBA Americas, programs for training, examination and qualification of all international referees, supervisor, instructors and commissioners, shall be established, as well as their preparation for main international competitions of men’s and women’s basketball.
21.2 Also, the Technical Commission is the competent body for all matters concerning the practical applications of the Official Game Rules.
Article 22 Mini Basketball Commission
22.1 The Mini Basketball Commissions shall have the following duties:
a) To evaluate all specific matters concerning the category, according to that established by the Youth Basketball Commission. The President of this Commission must be part of the Youth Basketball Commission.
b) To prepare an annually program of the International Activities to be held and present it to the Secretary General for their approval. It must maintain permanent communication with the corresponding Commissions from each of the National Federations.
Article 23 Veterans Basketball Commission
23.1 The Veterans Basketball Commissions shall have the following duties:
a) To appraise all specific matters related to this category, with the goal of promoting the implantation of activities within the scope of the National Federations.
b) To annually prepare a report of the international activities to be celebrated, and to inform them to the Secretary General for its final approval. It shall have permanent communication, with the respective Commission of each National Federation.
Article 24 Televisions and Marketing Commission
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24.1 The Television and Marketing Commissions shall have the following duties:
a) To study all matters related to the promotion, commercialization and sales of all the aspects related to the technical activities and tournaments of our Continent.
c) To study all ways to assure the financial resources of FIBA Americas and to prepare a report to the Central Board.
Article 25 Ethics Commission
25.1 The Ethics Commission shall consider any alleged breaches of the Code of Ethics, that are not foresee in the Internal Regulations, which shall be reported directly to the Commission, or referred by the Executive Committee.
25.2 The Ethics Commission shall prepare a report for the Congress.
25.3 The Ethics Commission shall consist of three (3) persons appointed by the Congress, and shall elect one of their members as their President.
CHAPTER THREE ORGANIZATIONS OFFCIALLY RECOGNIZED BY FIBA Americas
Article 26 General Provisions
26.1 With the purpose of promoting Basketball in our Continent, FIBA Americas may officially recognize certain organizations. The Central Board of FIBA Americas is responsible for granting official recognition to such organizations.
26.2 The organizations thus recognized shall have the freedom of action necessary to fulfill their objectives, subject to the approval of their National Federations, Zone Commissions or the Central Board of FIBA Americas.
26.3 The General Assembly of each organization shall determine the place of its headquarters, subject to approval by the FIBA Americas Central Board.
26.4 Such organizations shall not be entitled to represent FIBA Americas before third parties.
26.5 In order to ensure the functioning of these organizations, they may receive a subsidy from FIBA Americas, to be decided by the Central Board. This decision is based on the approval of a four (4) year strategic program, for which an individual plan of action, informing of all the annually
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program activities, must also be presented to the Central Board for approval, and any other conditions the Central Board deems necessary.
26.6 These organizations shall send detailed reports on each of their activities at least twice a year to FIBA Americas Secretary General. FIBA Americas, by decision of the Central Board, shall reserve the right to withdraw its annual subsidy if the activities of the organization concerned are not satisfactory.
Article 27 Americas Basketball Coaches Association
27.1 The Americas Basketball Coaches Association shall consist of national associations of basketball coaches, recognized by their respective National Federations. It may have individual membership as well.
27.2 The Americas Basketball Coaches Association shall have the following duties:
a) To develop coaching and training methods.
b) To take any appropriate measures to improve coaches’ skills, particularly those who coach young players.
c) To adopt the appropriate measures to promote generalized experiences in the teaching of basketball.
d) To organize courses and lectures for instructors, trainers, coaches and administrators, in coordination with the National Federations and Zones.
e) To prepare documents to be use in teaching and developing training techniques for players and coaches.
f) To provide appropriate assistance for the production of coaching videos.
g) To provide an active and permanent forum for coaches in the Continent.
27.3 The national associations of basketball coaches recognized by their respective National Federations may, if they wish, establish associations of coaches within the Zone to which they belong.
27.4 The Americas Basketball Coaches Association, the Zone associations of basketball coaches, if any, and the national associations of basketball coaches, shall comply with the spirit and letter of the Statutes and Regulations of their own National Basketball Federation, those of their Zone, and those of FIBA Americas.
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27.5 The Statutes and Regulations of the coaches associations shall be approved by the appropriate competent authority, i.e. the National Federation, Zone and/or FIBA Americas.
27.6 The General Assembly of the Americas Basketball Coaches shall elect a President of Association and the members of its Board, one of them being Secretary General of FIBA Americas or his representative.
27.7 The headquarters and the administration of the Americas Basketball Coaches Association shall be located at the FIBA Americas Headquarters and the Secretary General of FIBA Americas shall be responsible for the management of its affairs.
CHAPTER FOUR FIBA Americas Awards
Article 28 FIBA Americas Awards
28.1 FIBA Americas has established a number of awards to honor those who have contributed in an exceptional way to the development and promotion of basketball in the Continent. These awards are the:
a) FIBA Americas’ Order of Merit
b) FIBA Americas’ Honorary Member
28.2 The Central Board shall enact the appropriate criterion governing the selection processes for the FIBA Americas’ awards.
CHAPTER FIVE FINANCIAL PROVISIONS
Article 29 General Provisions
29.1 FIBA Americas is the sole holder of broadcasting, licensing and marketing rights, and other rights associated with the game, as defined in the Statutes, (Art. 6.6 d). When entering into contracts relating to such television, licensing and marketing rights which affect the financial interests of the Zones, the interests of the Zones shall be respected.
By decision of the Central Board, FIBA Americas may assign these rights to a third party.
29.2 The income of FIBA Americas shall consist of:
a) Fees from the National Federations affiliated, namely:
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- Annual fees. - Progressive fees. - Fees for international referees, commissioners and international players. - Registration or participation fees for any event organized or authorized by FIBA Americas. - Fees for the organization of events recognized by FIBA Americas. - Other fees which may be determined from time to time by the Central Board.
b) Fines in accordance with the respective Regulations.
c) Income from the granting of licenses for the use of the FIBA Americas rights, e.g. marketing and broadcasting rights.
d) Donations, subsidies and miscellaneous returns.
29.3 The budget period of FIBA Americas shall cover the four (4) years, starting 1st January, following the FIBA Americas’ Congress.
29.4 The financial year of FIBA Americas shall begin on 1 January and end on 31 December of the same year. The financial statements shall be drawn up each year as of 31 December.
29.5 The annual and progressive fees should be paid on 31 January of every year.
29.6 Only available resources shall be a security against any liabilities of FIBA. The members of FIBA Americas shall be free from any financial liability. The members of the Central Board and the Secretariat of FIBA Americas shall be liable only for grossly negligent or illicit acts.
29.7 If a National Federation does not pay their annual fees during three (3) years to FIBA Americas or its Zone, this Federation will convert, after being approved by the Central Board, to an Associated Member of FIBA Americas and their Zone.
29.8 A National Federation converts to an Associated Member, will lose the right to vote in the Congress of FIBA Americas and its Zone, and its teams cannot be in any of the official competitions.
29.9 FIBA Americas shall inform to FIBA of any Federation that has changed its status to Associated Member in the Continent.
29.10 The dollar of the United States of North America is the official currency of reference of FIBA Americas. The Central Board shall have the right to choose a new currency of reference, if it is in FIBA Americas’ financial interests, or in function of the financial policy of the country where the headquarters are located, and / or if the international situation requires so.
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29.11 FIBA Americas’ accounts must be audited by a registered auditor. The appointment of the auditor shall be made by the Central Board.
CHAPTER SIX LEGAL PROVISIONS
Article 30 Court of Arbitration of Sport, Lausanne, Switzerland
30.1 Any dispute arising from these General Statutes or the Internal Regulations of FIBA Americas, which cannot be settled by Institution’s appeals process, shall be definitively settled by a tribunal constituted in accordance with the Statutes and Procedural Rules of the Court of Arbitration for Sport, Lausanne, Switzerland. The parties concerned shall comply with the Statutes and Procedural Rules of this Court of Arbitration for Sport, and to accept and enforce its decision in good faith.
CHAPTER SEVEN FINAL PROVISIONS
Article 31
31.1 Unless otherwise specified in these General Statutes or the Internal Regulations, decisions taken by vote shall be by a simple majority of the votes cast by a show of hands (abstentions do not count), unless 1/3 of the members with voting rights present request a secret ballot.
31.2 In elections held by secret ballot, the candidate who receives the majority of the votes shall be elected.
31.3 Communications related to these General Statutes and Internal Regulations shall be done by any means reasonably calculated to effectively give notice of their contents.
31.4 The colors, flag and insignia of FIBA Americas, and its use thereof, shall be corresponding to those of FIBA.
The use of the flag and insignia of FIBA Americas shall be restricted to main official competitions and meetings of FIBA Americas, unless written approval has been obtained from the Secretary General
The use of the flag and insignia of FIBA Americas is mandatory at all main official competitions.
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31.5 The official languages of FIBA Americas shall be Spanish and English.
31.6 Working languages during all meetings of the Central Board and the FIBA Americas Commission shall be according to the requirements of the participants. Working papers shall be provided in Spanish and English.
31.7 The General Statutes and Internal Regulation shall be published in both Spanish and English. In the event of dispute regarding the interpretation of the General Statutes and/or Internal Regulations of FIBA Americas, the Spanish text shall prevail.
31.8 The Central Board shall have the final decision on any matter not provided for in these Statutes or in case of major force.
31.9 No quorum is required to the Congress, the Central Board, Executive Committee or the Permanent and Special Commissions of FIBA Americas to be legally valid.
31.10 These General Statutes have the application from the moment of their approval in the General Ordinary Congress realized in San Juan, Puerto Rico in 2006 and shall not be amended until the next Ordinary Congress or Extraordinary Congress.
31.11 The foresight withheld in these General Statutes shall be strictly observed, complying with the spirit and letter. It’s the first condition to obtain and maintain the affiliation with FIBA.
The Secretary General shall go to any extent to ensure the compliance from the National Federations affiliated and shall inform the Central Board of any violation of the letter and spirit of these General Statutes that could be found in the course of the obligations.
31.12 A National Federation could be the organizer of a meeting of the Central Board. After the confirmation of the celebration of the meeting, and the conversations with the Secretary General, that Federation shall inform the General Secretariat, forty five (45) days before the date of the meeting, the names of the hotel, address, telephone, fax number, where the members will be staying, including where the meeting will take place, assuring that it has the equipment necessary for the translation.
The National federation in charge of the organization of the Central Board’s meeting shall be responsible of the expenses related to hotel accommodations, meeting and air fare of the Executive Committee members.
31.13 These General Statutes were approved in the session of the Central Board celebrated in Colorado Springs, on February 15, 1994.
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Revised and approved at the Congress period 1998-2002 Revised and approved at the Congress period 2002-2006 Revised and approved at the Congress period 2006-2010
First production by Mr. Eduardo Airaldi Rivarola (QEPD)
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