IWBF Constitution

Tuesday, 05 January 2010 02:01 |

Written by Administrator |

Chapter One Definition, Composition, Purpose

Article 1 NAME & AUTHORITY

1.1. The Federation shall be known as the International Wheelchair Basketball Federation (IWBF), a company limited by guarantee in England and Wales under company number 3469961.

1.2. IWBF shall be an independent federation composed of the national organizations governing wheelchair basketball (NOWBs) worldwide, as provided for under Article 4 of this Constitution.

1.3. IWBF shall be the sole competent authority for men’s and women’s wheelchair basketball.

1.4. IWBF is recognized as such by the International Basketball Federation (FIBA).

1.5. IWBF is the member for wheelchair basketball of the International Paralympic Committee (IPC) and is recognized as the competent authority for wheelchair basketball by IPC.

1.6. IWBF shall maintain its headquarters within the United Kingdom. Any change of location of these headquarters shall be approved by the Executive Council (EC).

1.7. IWBF shall be subject to the laws governing the country in which its headquarters are located.

Article 2 OBJECTIVES

2.1. IWBF’s aim shall be to develop and support the sport of wheelchair basketball in all countries worldwide. To this end, IWBF shall promote, supervise and direct the sport of wheelchair basketball throughout the world.

2.2. In particular IWBF shall:

2.2.1. Encourage the growth and development of the sport in all nations of the world through an organized programme of education and instruction.

2.2.2. Establish the Official Wheelchair Basketball Rules; the Official Wheelchair Basketball Player Classification Manual; the specifications for equipment and facilities; the Internal Regulations that govern the conduct of the Federation and ensure that they are enforced on all occasions.

2.2.3. Ensure that all international competitions, for which IWBF has responsibility, including wheelchair basketball at the Paralympic Games, are conducted in accordance with the Rules and Regulations of IWBF.

2.2.4. Establish the standards for the training and certification of referees, classifiers, commissioners and examiners; control and govern the licensing of international referees, classifiers and commissioners and maximize the use of experienced players in the training and certification of each of the above categories of officials.

2.2.5. Control and maintain the classification of players and issuance of Player Identity Cards and Player Classification Cards and regulate the transfer of players from one country to another.

2.2.6. Follow an anti-doping policy in accordance with its agreement with the World Anti-Doping Agency (WADA).

2.3. Ensure the timely administration of the matters of IWBF by:

2.3.1. establishing such Commissions and Committees as it deems necessary for the proper conduct of its duties and make appointments to such Commissions or Committees;

2.3.2. constituting a World Forum for the discussion, analysis and approval of future proposals for the establishment of the rules for wheelchair basketball, the specifics for equipment and facilities and the establishment of changes to the Constitution and Internal Regulations;

2.3.3. representing IWBF to all bodies and organizations concerned with wheelchair basketball internationally on which it has membership or in which its interests are involved;

2.3.4. promoting amicable and courteous relations between NOWBs, Zones and their officials and players;

2.3.5. taking any measure that is appropriate in order to prevent violations of the Constitution and the Internal Regulations of IWBF, the Official Wheelchair Basketball Rules and the Official Player Classification Manual:

2.3.6. Providing the principles valid for deciding and settling all disputes and guaranteeing the right defence and an impartial judgement, as per the statutory provisions and regulations.

2.3.7. Maintaining a documented history of the sport.

2.4. IWBF shall ensure the financial stability of IWBF by:

2.4.1. raising funds, collecting fees and accepting contributions and subsidies and ensuring that all resources are used solely to further the aims and objectives of IWBF and in accordance with the principle that IWBF is a non-profit organization; and by

2.4.2. Implementing an organized marketing programme that involves communication, public relations and demonstration events to instil an awareness to the general public of the benefits of wheelchair basketball.

Article 3 NEUTRALITY

3.1. IWBF shall maintain absolute political and religious neutrality and shall not tolerate any form of discrimination, racial or otherwise.

Article 4 MEMBERSHIP

4.1. Those NOWBs listed in the annex to the present Constitution are members of IWBF.

4.2. Membership shall be open to any NOWB, provided that in a country or territory where wheelchair basketball is controlled by a section of a sports organization responsible for other sports, only the section governing and organizing wheelchair basketball shall be recognized and empowered as an affiliated member of IWBF with sole power at national and international levels in wheelchair basketball. National is understood to mean that its authority applies to a territory with clearly established geographical limits.

4.3. Only one NOWB per country or territory may be recognized by IWBF. This NOWB shall represent all wheelchair basketball for men, women, referees, classifiers, coaches and administrators in its jurisdiction. The various organs of the NOWB May only pursue their activities within the limits of their own national federation and only with the latter’s permission. They may only carry out an international activity with the permission of IWBF and where appropriate the Zone and with the agreement of the relevant NOWB.

4.4. The regulations of affiliated NOWBs shall conform to the current Constitution and Internal Regulations of IWBF. Furthermore, affiliated NOWBs agree to strictly observe all regulations and decisions of IWBF.

4.5. NOWBs affiliated to IWBF are automatically members of their respective Zones. The composition of the Zones shall be decided by the Executive Council and ratified by the Congress.

4.6. In order to become a member of IWBF an NOWB must submit an application for membership to the Secretary General of IWBF. This action shall constitute agreement by the applicant to abide by the Constitution and the Internal Regulations of IWBF. The Executive Council shall determine if the NOWB represents the wheelchair basketball community and if the application meets the other requirements for membership. The Executive Council may approve membership for such an applicant and grant it the full rights and privileges of an NOWB, save the right to vote, until such time as its membership is ratified by Congress.

4.7. The Executive Council may, subject to ratification of Congress, reconsider the affiliation of any IWBF member. Such reconsideration shall take into account whether the NOWB still meets the membership criteria, the length of time the NOWB has been affiliated; the amount of activity in the country; international activity at competitions and congresses and within the Zone; the international standing of the country; the payment of fees.

4.8. If an NOWB is disbanded according to the procedure set out in its own constitution and regulations, a new national federation must apply for membership of IWBF. Any outstanding financial obligations from the previous member NOWB owed to IWBF becomes the responsibility of the new NOWB and must be paid, before the new NOWB can be accepted into membership in IWBF.

4.9. Only players of clubs or organizations registered with an NOWB in good standing with IWBF, as defined in Article 9.1, may participate in official competitions of IWBF.

4.10. An NOWB, which has not paid its fees for a period of three years, may lose its rights as an affiliated member of IWBF and become an associate member. The Executive Council is authorized to decide on this matter.

4.11. An associate member is not entitled to vote at the World Congress or at the Congress of the Zone to which it belongs. Its teams, referees, classifiers and administrators may not participate in official IWBF activities.

4.12. If a Zone allows an associated NOWB to participate in an official international competition, this NOWB shall be reinstated with full rights as an affiliated member of IWBF. The Zone shall be liable for any associated NOWB’s debts with IWBF as soon as they allow that NOWB to participate in main official competitions of the Zone.

4.13. An affiliated NOWB may, at any time, resign from membership in IWBF. It must notify the Executive Council of this action by registered letter to the Secretary General.

4.14. This resignation will become effective at the end of the calendar year provided that all financial obligations of the resigning NOWB have been settled.

Chapter Two Divisions of IWBF

Article 5 DIVISIONS OF IWBF

5.1. The Divisions of IWBF shall be:

5.1.1. The Congress

5.1.2. The Executive Council

5.1.3. The Secretariat

5.1.4. The Permanent Commissions:

5.1.4.1. Technical Commission

5.1.4.2. Player Classification Commission

5.1.4.3. Competitions Commission

5.1.4.4. Commission for Legal Matters and Eligibility (CLME)

5.1.5. The Zones and their Committees

5.1.6. The Committees of IWBF:

5.1.6.1. The Medical Committee

5.1.6.2. The Appeals Committee

5.2. The Executive Council may establish other commissions or committees. Commissions and committees thus established shall be of a temporary nature until a decision by Congress gives them permanent status or until they cease to exist.

FIRST DIVISION - THE CONGRESS

Article 6 THE CONGRESS

6.1. The Congress shall be the collective voice of wheelchair basketball world wide. It shall have final authority over the activities of IWBF within the limits of its terms of reference and the provisions contained in this Constitution. It shall consist of:

6.1.1. A maximum of two delegates for each NOWB in good standing with IWBF.

6.1.2. The President and the members of the Executive Council.

6.1.3. The Presidents of the Permanent Commissions of IWBF

6.1.4. The Presidents of the Zones of IWBF

6.1.5. The Secretary General

Article 7 DUTIES OF THE CONGRESS

7.1. The Congress shall have the functions assigned to it in this Constitution. Without limiting it the Congress shall have the power to:

7.1.1. Approve the agenda.

7.1.2. Adopt and amend in their entirety the changes proposed to the Constitution.

7.1.3. Elect the President and Executive Council save those members who are Presidents of a Zone.

7.1.4. Examine and approve all reports and other items placed on the agenda.

7.1.5. Ratify the decisions of the Executive Council regarding the approval of the budget and the financial reports.

7.1.6. Ratify any decisions regarding relations with other international federations or with the IPC.

7.1.7. Ratify decisions of the Executive Council according to Articles 11.6 and 16.4.

7.1.8. Adopt in their entirety the modifications to the Official Wheelchair Basketball Rules presented by the Executive Council.

7.1.9. Ratify in their entirety the decisions of the Executive Council concerning the establishment and modification of the Internal Regulations.

7.1.10. Ratify decisions of the Executive Council on all matters relating to the admission or exclusion of members.

7.1.11. Declare the dissolution of IWBF.

Article 8 MEETINGS OF CONGRESS

8.1. The ordinary Congress shall meet once every four years on the occasion of and in the same city as the Men’s World Championship. The Congress will debate and vote on all matters of concern to IWBF.

8.2. The Congress shall be the main business meeting of IWBF and its constituent parts.

8.3. The date, place and agenda for the Congress shall be established by the President after consultation with the Executive Council.

8.4. A notice specifying the place and date together with the proposed agenda shall be sent to the secretaries of the NOWBs at least six months prior to the opening of the Congress.

8.5. Nomination for all office bearers and proposals for consideration by the NOWBs and the Executive Council must reach the Secretary General four months before the meeting in order that they can be collated and forwarded to the NOWBs at least two months prior to the meeting for discussion by the NOWBs.

8.6. The meetings are open to all those designated as members of IWBF and also such invited persons considered by the IWBF President, after consultation with the Secretary General, as being of service to IWBF.

8.7. An extraordinary session of Congress shall be called by resolution of the Executive Council, or within three months of receipt of a resolution from 25% of the member NOWBs to call the meeting together with the signed proposals to be discussed and voted on at that meeting. The date and site of extraordinary sessions of Congress shall be established by the Executive Council.

8.8. The conduct of Congresses shall be the same for extraordinary sessions of Congress and IWBF Meetings.

8.9. The Secretary General is responsible for the correct documentation in the minutes of the decisions taken.

8.10. The decisions of Congress shall be taken in accordance with the provisions under Articles 9, 32 and 39 of this Constitution. They shall be final and may not be subject to appeal.

8.11. Unless otherwise specified, decisions of Congress shall enter into force the day after the closure of the session of Congress.

Article 9 CREDENTIALS AND VOTING RIGHTS

9.1. Each NOWB in good standing shall be entitled to one vote. An NOWB is considered to be in good standing when all dues and fees are paid and when all obligations to IWBF have been met.

9.2. The delegates to meetings of IWBF shall have in their possession, at all meetings, credentials from their respective NOWB authorizing their attendance and designating the voting delegate. A delegate may represent one NOWB only. The voting delegate shall be issued a voting card.

9.3. A postal or facsimile or email vote may only be taken in an extraordinary circumstance when it is not possible to convene a meeting of the members and a decision is urgent. Such votes are not permitted at any meeting of IWBF.

9.4. The President of IWBF shall preside over Congress. During Congress, he shall not vote except in the case of a tie when he will have the casting vote. The President shall not cast a deciding vote in an election of members of the Executive Council.

9.5. Voting can be by a show of voting cards or by secret ballot at the discretion of the President or if requested by 25% of the NOWBs present and entitled to vote.

9.6. Voting on amendments to the Constitution are governed by Article 32. Simple majority will decide all other votes, including those concerned with elections.

9.7. Voting by proxy is not permitted.

Article 10 AGENDA

10.1. Only matters proposed by the President of IWBF, the Secretary General, the Executive Council or the NOWBs may be put on the agenda for the session of Congress, provided that these matters fall within the latter’s competence (Article 7). Proposals must be submitted to the Secretary General at least 4 months prior to the opening day of the Congress. The agenda is established by the President and must be included in the letter of invitation to attend the Congress.

10.2. In the case of an extraordinary session of Congress, the items to be put on the agenda shall be determined in the request for such a session (Article 8.7). The Executive Council may add other issues on the agenda. However, only such matters as fall within the powers of the Congress shall be placed on the agenda (Article 7).

SECOND DIVISION - THE EXECUTIVE COUNCIL

Article 11 THE EXECUTIVE COUNCIL

11.1. The Executive Council shall have the powers delegated to it under the Constitution and the Internal Regulations.

11.2. The term of office of the Executive Council shall be the four years between the regular sessions of Congress.

11.3. The Executive Council shall consist of the following members:

11.3.1. The President of IWBF.

11.3.2. The Vice-President of IWBF

11.3.3. The Treasurer of IWBF

11.3.4. The Presidents of the Permanent Commissions of IWBF.

11.3.5. The Zone Presidents

11.3.6. The Members-at-Large of IWBF as from time to time determined.

11.3.7. In addition the Executive Council shall include without the right to vote:

11.3.7.1. The Secretary General

11.3.7.2. The Representative of FIBA responsible for the relations with Sports Organizations for Basketball for Persons with a Disability.

11.4. No person may hold more than one position on the Executive Council at any time. Zone Presidents and non-voting members of the Executive Council shall not be included in determining the number of positions held on the Executive Council.

11.5. A quorum of the Executive Council shall consist of five or more of the voting members, one of whom must be either the President or the Vice-President.

11.6. Appointments to IWBF Commissions of IWBF Executive Council members are limited to two with the exception of the President and the Secretary General who are ex-officio members of all commissions.

11.7. The Executive Council shall have the power to fill unforeseen vacancies in the membership of the Council to serve until the next Congress.

11.8. The duties of the individual Executive Council members shall be those functions mandated to it in this Constitution and the Internal Regulations of IWBF, including but not limited to the following:

11.8.1. The President shall represent the IWBF. He shall be responsible for the convening and conduct of all meetings. That person shall prepare or cause to have prepared an agenda for all meetings of IWBF. That person shall be an ex officio member of all IWBF Commissions and Zone Executive Councils. That person shall have the ultimate responsibility for the upholding of the Constitution and its operation.

11.8.2. The Vice-President who shall deputize for the President as required and who will attend to such other matters as may be decided by the Executive Council.

11.8.3. The Treasurer who shall supervise the finances of IWBF.

11.8.4. The Presidents of the Commissions who shall oversee the responsibility of their commissions as defined in the Section of this Constitution dealing with the Fourth Division of IWBF.

11.8.5. The Presidents of the Zone Council who shall oversee their responsibilities as defined in the Section of the Constitution dealing with the Fifth Division of IWBF and as defined by the various Zone Regulations.

11.8.6. The Members-at-Large who shall have those functions assigned to them by the Congress or the Executive Council. There may be as few as none or as many as two Members-at-Large.

Article 12 FUNCTIONS OF THE EXECUTIVE COUNCIL

12.1. The Executive Council shall have the functions assigned to it in this Constitution and the Internal Regulations. In particular, it shall:

12.1.1. Supervise the practise of wheelchair basketball worldwide.

12.1.2. Supervise the Secretary General’s management of IWBF.

12.1.3. Accept or reject applications for membership or resignation of affiliated members.

12.1.4. Appoint such agents and hire such employees as it shall deem necessary and such persons shall have such authority and shall perform such duties as determined by the Executive Council.

12.1.5. Transact the business and administer the affairs of IWBF in accordance with the policies of IWBF.

12.1.6. Require all income from whatever source to be deposited in the accounts of IWBF.

12.1.7. Establish and modify by majority vote the various IWBF regulations, subject to the ratification by the next Congress.

12.1.8. Present activity and financial reports for the most recent financial period to the Congress.

12.1.9. Determine the financial policy and approve the budget and the financial reports as prepared by the Treasurer, subject to ratification by the Congress.

12.1.10. Exercise overall control over the financial administration of IWBF.

12.1.11. Adopt and modify the Official Wheelchair Basketball Rules.

12.1.12. Adopt and modify the Official Player Classification Manual.

12.1.13. Oversee the marketing and public relations programmes of IWBF consistent with the principles outlined in the Internal Regulations.

12.1.14. Report on its activities to the Congress. The Executive Council shall direct the Secretary General to report on its activities and plans to the member nations by April 30th, in each of the three intervening years.

12.1.15. Endorse the decisions of the President and the Secretary General (or otherwise) which have been made in the best interests of IWBF between meetings.

12.1.16. Determine who shall serve as the representative of IWBF to any other organization in the world.

12.1.17. Fix a reasonable rate of expenses for all Executive Council, Commission and Committee members, agents and employees.

12.1.18. Have the power to establish Commissions and Committees on such terms and conditions as the Executive Council deems appropriate, including duties of such Commissions and Committees and the timing and manner of holding meetings of such Commissions and Committees whose members will hold their offices at the discretion of the Executive Council, or as otherwise determined by the Executive Council.

12.1.19. Assign the organization of World Championships and other world competitions and ratify the decisions of the Zones with regards to the awarding of the Qualification Tournaments for the World Championships and the Qualification Tournaments for the Paralympic Games.

12.1.20. Ratify the appointment of the members of the Permanent Commissions of IWBF as proposed by the President of the Commission after consultation with the President.

Article 13 NOMINATIONS FOR THE EXECUTIVE COUNCIL

13.1. Nominations shall be overseen by the Secretary General.

13.2. Six months prior to the start of the Congress, the Secretary General shall issue to all NOWBs in good standing the call for nominations. This shall include a listing of the positions for election, a nomination form and the official date of closure for nominations.

13.3. Nominations to be eligible must be received by the Secretary General at the IWBF office no later than four months prior to the start of the business meeting of the Congress.

13.4. Two months prior to the start of the first day of the business meeting of the Congress the Secretary General shall inform the NOWBs of the names placed in nomination along with any information that is included with the nomination and which may be of use to the NOWBs in preparing for the meeting.

13.5. Current sitting members of the Executive Council shall be permitted to stand again by informing the Secretary General of their intentions to allow their name to stand. This declaration shall be in writing and shall be accompanied by a letter of support from their NOWB. The letter of intent to stand must be received by the Secretary General six months prior to the first day of the start of business of the Congress. The Secretary General, as soon as possible, but no later than one month after receiving this information shall inform the member nations of the decisions of the current Executive Council members.

13.6. Each NOWB in good standing is eligible to submit nominations. If an NOWB chooses to nominate a candidate from another NOWB they shall obtain a letter of support from the NOWB of the candidate and include it with the nominating papers. An NOWB is not restricted in the number of nominations they may submit subject to the restrictions of Article 14.3.

13.7. Any position for which there is no eligible nomination at the time of the Congress shall be elected at the meeting from nominations put forward by the Executive Council or an NOWB at that time. All restrictions relating to the eligibility of candidates remain in effect.

Article 14 ELECTION PROCEDURES FOR THE EXECUTIVE COUNCIL

14.1. The election of officers of IWBF shall take place at each ordinary Congress.

14.2. Each NOWB in good standing shall be entitled to cast one ballot for each position elected.

14.3. At no time may more than two persons nominated from one NOWB serve as an elected member of the Executive Council with the exception that Zone Presidents and non-voting members of the Executive Council shall not be included in determining the number of persons from a NOWB.

14.4. The Secretary General shall appoint two scrutinizers at the time of the election who shall be neutral individuals not holding a vote at the meeting. The scrutinizers shall assist the Secretary General in conducting the election.

14.5. The vote shall be conducted by secret ballot.

14.6. All elections shall be decided by majority vote, according to the following procedure

14.6.1. One valid nomination - the winner is declared by acclamation.

14.6.2. Two valid nominations - the winner is the nominee receiving the majority vote.

14.6.3. Three or more valid nominations - the winner is the nominee receiving more than fifty (50%) percent of the votes cast. Should no nominee receive more than fifty (50%) percent of the votes cast then the two nominees receiving the most votes shall stand in a second election as in (b) above. Should there be a tie for the positions for the second election, then the persons involved in the tie shall stand in a by-election to determine the two nominees eligible for the second election.

14.7. The Secretary General shall conduct the election in the following order:

14.7.1. The President of IWBF;

14.7.2. The Vice-President of IWBF;

14.7.3. The Treasurer of IWBF;

14.7.4. The Presidents of the Permanent Commissions of IWBF;

14.7.4.1. Technical Commission;

14.7.4.2. Player Classification Commission;

14.7.4.3. Competitions Commission;

14.7.4.4. Commission For Legal Matters & Eligibility (CLME);

14.7.4.5. The Members-at-Large as required.

14.8. The new officers shall assume their office at the conclusion of the World Championship for Men.

Article 15 REPRESENTATION & VOTING RIGHTS OF THE EXECUTIVE COUNCIL

15.1. Membership of the Executive Council, with the exception of Zone Presidents, is strictly personal.

15.2. Representation by proxy is not permitted with the exception of a Zone President, who may send a person designated by him from the Zone Council to represent him.

15.3. Each elected member of the Executive Council shall have one vote on all questions at Executive Council meetings. The President shall have the casting vote in case of a tie.

Article 16 MEETINGS OF THE EXECUTIVE COUNCIL

16.1. The Executive Council shall meet as often as necessary, but at least once yearly. If necessary, the President may call additional meetings of the Executive Council.

16.2. The President may invite other persons to attend meetings of the Executive Council. These persons shall have consultative status only.

16.3. The Executive Council may conduct such parts of its business by correspondence or telephone, as it might deem advisable.

16.4. Any officer, other than Zone Presidents, who fails to attend two successive IWBF Executive Council meetings without cause or three IWBF Executive Council meetings during a term regardless of cause can be removed from office and shall then be replaced by a person appointed by the President, following consultation with the Executive Council. In the event that the President is removed from office under the terms of the previous sentence, the IWBF Vice-President shall replace that person. The Executive Council would then appoint a new Vice-President.

16.5. The elected members of the Executive Council shall serve as such without remuneration and no elected Officer shall directly or indirectly receive any profit from his position as such, provided that an elected Officer may be paid reasonable expenses incurred by him in the performance of his duties.

THIRD DIVISION - THE SECRETARIAT OF IWBF

Article 17 THE SECRETARIAT

17.1. The Secretariat of IWBF shall consist of:

17.1.1. The Secretary General

17.1.2. Any further personnel under contract to IWBF

17.2. All members of the Secretariat remain in office until their contract expires.

17.3. The Secretary General shall direct the Secretariat of IWBF and shall assume all responsibility for it. He may not hold an elected position within an NOWB.

17.4. The Executive Council may decide not to have a paid Secretary General. It shall then authorize the President to assign the responsibilities of the Secretary General.

Article 18 THE SECRETARY GENERAL

18.1. Where the Secretary General is retained as an employee of IWBF by the Executive Council, the employment shall be on such terms as the Executive Council deems appropriate. Such terms and conditions of employment of the Secretary General shall be set out in a written employment agreement entered into between the Secretary General and IWBF.

18.2. At the direction of the President the Secretary General shall be responsible:

18.2.1. to ensure the implementation of all decisions taken by Congress and the Executive Council;

18.2.2. to plan and direct all activities of IWBF on behalf of the member nations and in accordance with the objectives and policies of the Executive Council;

18.2.3. to provide leadership for the sport and staff on behalf of the Executive Council;

18.2.4. to represent the sport throughout the world;

18.2.5. for such other responsibilities as described in the employment agreement and in the duties outlined in the Internal Regulations

18.3. The Secretary General shall be removable in accordance with the written employment agreement entered into between the Secretary General and IWBF, or by decision of the Executive Council.

THE FOURTH DIVISION - THE PERMANENT COMMISSIONS

Article 19 PERMANENT COMMISSIONS

19.1. The Permanent Commissions shall have a four-year term of office identical to that of the Executive Council. They shall consist of a President who shall be elected at the Congress and such other members as defined in the Internal Regulations.

19.2. The President of IWBF and the Secretary General, by virtue of their office, shall be additional members without voting rights, of all Commissions.

19.3. Membership of the Permanent Commissions is strictly personal. Representation by proxy is not permitted.

19.4. The Permanent Commissions shall meet whenever necessary, but at least once every two years, at the invitation of the President of the Commission, who shall first consult with the Secretary General.

19.5. Members of Commissions who do not take an active part in the work of the Commission may be replaced at the request of the President of the Commission and the approval of the Executive Council.

19.6. The Permanent Commissions have no executive authority with the exception of the Commission for Legal Matters and Eligibility concerning the application of sanctions and on matters of eligibility. However, the Presidents and members of the Commissions may be called upon by IWBF to exercise executive functions by delegation. In such cases, they shall not act as representatives of their Commissions but as representatives of IWBF.

19.7. The President of the Permanent Commission shall also be an ex officio member of the Zone committee with the same task.

Article 20 THE TECHNICAL COMMISSION

20.1. The Technical Commission shall have those functions mandated to it in the Internal Regulations, including but not limited to the following. It shall:

20.2. Draw up the text of the Official Wheelchair Basketball Rules, draft the amendments to these rules for consideration by the Executive Council, give official interpretations of these rules and solve doubtful cases or cases not clearly covered by the rules themselves. In addition, it is competent in all matters concerning the practical application of the Official Wheelchair Basketball Rules.

20.3. Draft the amendments for modifications of equipment or the playing court and present it to the Executive Council for its consideration.

20.4. Be responsible for the training, examination and qualification of international referees and referee examiners, as well as for preparing the referees for the main international competitions of the IWBF and the selection of the referees to the World Championships and Paralympic Games.

Article 21 THE PLAYER CLASSIFICATION COMMISSION

21.1. The Player Classification Commission shall have those functions mandated to it in the Internal Regulations including but not limited to the following. It shall:

21.2. Draw up the text of the Official Player Classification Manual, draft the amendments to these rules for consideration by the Executive Council, give official interpretations of these rules and solve doubtful cases or cases not clearly covered by the rules themselves.

21.3. Be responsible for the training, examination and qualification of international classifiers, and classifier examiners as well as for their appointment and selection to the World Championships and Paralympic Games.

21.4. Ensure the proper maintenance of records of the classification of players.

Article 22 THE COMPETITIONS COMMISSION

22.1. The Competitions Commission shall have those functions mandated to it in the Internal Regulations, including but not limited to the following. It shall:

22.2. Oversee the conduct of the World Championships and Paralympic Games.

22.3. Draw up the text of the Regulations governing the Competitions of IWBF, draft the amendments to these regulations for consideration by the Executive Council, ensure the compliance to the regulations and give official interpretations of these regulations.

22.4. Be responsible for the training and qualification of international commissioners, as well as for their appointment and selection to the World Championships and Paralympic Games.

22.5. Study the regulations established by other divisions of IWBF for international competitions to ensure consistency with existing regulations.

22.6. Draft the systems of competition for all World Championships of IWBF.

22.7. Draft the systems of competition for the Paralympic wheelchair basketball tournaments for men and women.

22.8. Draft the systems for new IWBF world competitions.

22.9. Draw up the world calendar for IWBF competitions.

22.10. Study the problems specific to competition for women’s wheelchair basketball and wheelchair basketball for youth.

22.11. Study the need for new IWBF competitions and present them for consideration by the Executive Council.

Article 23 THE COMMISSION FOR LEGAL MATTERS & ELIGIBILITY (CLME)

23.1. The Commission for Legal Matters and Eligibility (CLME) shall have those functions mandated to it in the Internal Regulations, including but not limited to the following. It shall:

23.2. Study all legal matters relating to the practice of wheelchair basketball world-wide.

23.3. Study from a legal standpoint, all proposed modifications to the Constitution of IWBF.

23.4. Draw up the official text of the Internal Regulations of IWBF and draft amendments to these Internal Regulations for approval by the Executive Council.

23.5. Advise the Executive Council on matters pertaining to the interpretation of the Constitution including the responsibilities of the Permanent Commissions.

23.6. Advise the Zone Councils on matters pertaining to the interpretation of the IWBF Constitution, the IWBF Internal Regulations and the Regulations of the Zones.

23.7. In the first instance, have the responsibility for the application of sanctions whether or not specifically outlined and defined in the Internal Regulations.

23.8. Decide on the eligibility of players on the basis of the Internal Regulations.

23.9. Have the power to take decisions on all questions relating to the terms of reference provided for in this Article. It shall act through the Secretary General and its decisions shall have immediate effect with the possibility of appeal by the interested parties to the Appeals Committee of IWBF within 30 days of the decision being made known.

23.10. Have the power to decide on the suspension or exclusion of affiliated NOWBs within the limits of this Constitution. To this end, the CLME shall notify the NOWB concerned of the reasons for a proposed suspension or exclusion and shall give it an opportunity to present its case in writing or orally. A decision to suspend or exclude an affiliated member must be communicated to the NOWB by registered letter stating in a precise and detailed manner the reasons for the decision. The NOWB concerned may, within a period of two months or receipt of the decision, lodge an appeal with the Executive Council. The appeal, however, shall not suspend the decision of the CLME.

THE FIFTH DIVISION - THE COMMITTEES AND ZONES

Article 24 THE COMMITTEES

24.1. The structure and term of office of the Committees shall be determined by the Executive Council. The members of the Committees shall be appointed by the Executive Council.

24.2. The Committees shall have the same working procedure as the Permanent Commissions.

Article 25 THE MEDICAL COMMITTEE

25.1. The Medical Committee of IWBF shall give advice and information on matters of a strictly medical nature. It shall advise the Secretary General, upon request, on all matters within its field of competence.

25.2. It shall establish rules on doping for approval by the Executive Council. It shall be consistent with the provisions of WADA except in matters relating specifically to wheelchair basketball.

25.3. The Chairperson shall be appointed by the Executive Council.

25.4. The Medical Committee shall be responsible for:

25.4.1. Ensuring that IWBF utilizes the latest methods of doping control at the national and international level.

25.4.2. Gender testing.

25.4.3. Ensuring that IWBF has the latest information on the health regulations in the countries hosting IWBF tournaments including vaccination information.

25.4.4. Providing information on nutritional needs of athletes to IWBF tournament hosts and the Competitions Commission.

Article 26 The Appeals Committee

26.1. The Appeals Committee of IWBF shall hear appeals filed by an affected party against decisions of IWBF including its divisions and disciplinary bodies, unless such appeal is the competence of an Appeals Commission of an IWBF Zone or expressly excluded in the IWBF Constitution or Internal Regulations.

26.2. The Chairperson shall be appointed by the Executive Council.

Article 27 THE ZONES

27.1. IWBF may establish Zones. The Zone shall, on behalf of IWBF, promote, supervise and direct the sport of wheelchair basketball within their zone, strictly recognizing the autonomy of each NOWB within its own territory, while following the policies of IWBF established by Congress and the Executive Council.

27.2. The Zone Council shall have no authority to represent IWBF before third parties.

27.3. An NOWB may only belong to one Zone. Once an NOWB has been affiliated to IWBF, it shall automatically become a member of the corresponding Zone.

27.4. The Zones of IWBF are:

27.4.1. IWBF Americas

27.4.2. IWBF Europe

27.4.3. IWBF Africa

27.4.4. IWBF Asia Oceania

27.5. The NOWBs affiliated with IWBF are grouped as shown in the annex to this Constitution.

27.6. The Executive Council may, subject to the ratification of the Congress, withdraw the recognition of a Zone if it does not comply with the conditions of its admittance as a Zone or does not operate in the best interests of IWBF or the NOWBs of the Zone. The Executive Council shall assume all responsibilities of the Zone Council concerned until a new council can be convened.

27.7. The Executive Council may decide itself or upon receipt of a resolution signed by 25% of the constituent members of a Zone to call an extraordinary meeting for the purpose of reconstituting the Zone.

Article 28 RESPONSIBILITIES OF THE ZONE

28.1. A Zone shall have those functions mandated to it in the Internal Regulations, including but not limited to the following. It shall:

28.1.1. Promote the practice of wheelchair basketball in the territory under its jurisdiction and organise continental or Zone competitions in a permanent and regular manner, in strict compliance with the administrative and technical regulations of IWBF.

28.1.2. Apply and demand the strict observance of the Constitution and the Internal Regulations of IWBF.

28.1.3. Impose such sanctions to members and entities under its jurisdiction as fall within its mandate and regulations.

28.1.4. Establish its own regulations in accordance with the general provisions of this Constitution and consistent with the Internal Regulations of IWBF. These regulations shall be submitted through the CLME to the Executive Council of IWBF for approval.

28.1.5. With the exception of membership fees, establish fees and set fines for all items under the exclusive jurisdiction of the Zone.

28.1.6. Provide the Secretary General with the relevant information on the Qualification events.

28.1.7. Organise and sanction all competitions held within the Zone that involve only NOWBs from that Zone.

28.1.8. Inform the Secretariat of IWBF of any event or competitions organized by them and if necessary, obtain such authorization as may be required by the regulations.

28.1.9. Inform the Secretariat of IWBF of the results of all international competitions held on the territory under their jurisdiction. Present a detailed report to the Secretariat of IWBF on their activities each year including a financial report.

28.1.10. Inform the Secretariat of IWBF of all international transfers of players and from one Zone to another.

Article 29 STRUCTURE OF ZONE COUNCILS

29.1. Each Zone Council shall:

29.1.1. Be organized in the manner most appropriate to the conditions prevailing in its territory.

29.1.2. Ensure that only members of affiliated NOWBs may become members of the Zone Council.

29.1.3. Elect its own President who shall serve as a member of the Executive Council of IWBF. In addition, each Zone shall elect such other officers as required by its regulations.

29.1.4. Meet at least two times between each Congress to carry out the functions assigned to it in its Regulations.

Chapter Three Financial Provisions

Article 30 FINANCES

30.1. IWBF shall be a non-profit 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.

30.2. The financial resources of IWBF may only be used in pursuit of the objectives laid down in this Constitution.

30.3. To the extent that compensation or reimbursement of expenses is paid to individuals, it must be appropriate, justified and related to the Federation’s objectives.

30.4. The income of IWBF shall consist of:

30.4.1. Fees from the affiliated NOWBs, the amount to be established at the Congress on a progressive category basis;

30.4.2. Fees for international referees, classifiers and commissioners;

30.4.3. Fees for player classification cards and identity cards;

30.4.4. Fees from hosting or participation in any event organized by IWBF, to be set by the Executive Council;

30.4.5. Fines in application of the respective regulations;

30.4.6. Income from television and marketing rights owned by IWBF, advertisement and sponsoring (see 31.13 & 31.14).

30.4.7. Donations, subsidies and miscellaneous income.

30.5. The Treasurer shall forward fifty percent (50%) of the annual membership fees received from the countries within a respective Zone to that Zone.

30.6. The Executive Council shall levy fees on any world competitions under the jurisdiction of IWBF sanction and support: such fees to be determined by the Executive Council.

30.7. The Executive Council shall have the power to set fines in accordance with the appropriate policy in the Internal Regulations.

30.8. The Executive Council shall determine any uses for the funds it accumulates in keeping with the objects of IWBF.

30.9. The budget period of IWBF shall cover the four years, starting January 1st following the final round of the IWBF World Championship for Men.

30.10. The financial year of IWBF shall begin on January 1st and end on December 31st of the same year. Balance sheets shall be drawn up each year as at December 31st.

30.11. Membership fees due to IWBF must be paid on or before the last day of January in the financial year to which the fees relate. AN NOWB that does not pay its membership fees by the due date will be deemed not to be in good standing. It will lose its right to participate in IWBF World and Zone championships and will also lose its voting rights at the Congress and Zone Meetings until such time as the financial obligations are met.

30.12. IWBF is the sole holder of television, licensing and marketing rights for official world competitions and any other competition involving teams from more than one Zone with the exception of the Paralympic Games as defined in the Internal Regulations.

30.13. Subject to 30.12, IWBF shall have the right to negotiate the use of the properties outlined in 30.12, as it deems fit. IWBF may assign these rights to a third party.

30.14. Only available resources shall be a security against any liabilities of IWBF. The members of IWBF shall be free from any financial liability. The members of the Executive Council and the Secretariat of IWBF shall be liable only for grossly negligent or illicit acts.

Chapter Four Legal Provisions

Article 31 AMENDMENTS TO THE CONSTITUTION

31.1. No amendment to this Constitution may be made, altered or repealed unless it has been proposed to IWBF by notice in writing by either the Executive Council or by an NOWB in good standing with IWBF.

31.2. Amendments to be considered at the Congress must state the substance of the proposal; and must be filed with the IWBF Secretariat not less than four months prior to the first day of the Congress at which it is to be considered.

31.3. The CLME will consider all amendments received under Article 31.1 and 31.2 and forward them to the Executive Council with their recommendations.

31.4. Amendments received under Article 31.1 and 31.2 will be sent by the IWBF Secretariat to the NOWBs not less than two months prior to the Congress at which it will be considered.

31.5. All proposed amendments to the Constitution shall be considered at the first Congress held after their submission.

31.6. IWBF may amend the provisions of the Constitution upon the affirmative vote of two-thirds (2/3) of the NOWBs present and entitled to vote.

31.7. Notwithstanding any other provisions of this article, with respect to amendments to this Constitution, 31.1 and 31.2 may be waived by an affirmative vote of not less than three-fourths (3/4) of the NOWBs present and entitled to vote.

Article 32 AUTHORITY

32.1. In the event of any question or matter arising, which is not provided for in the foregoing Constitution, such questions or matters shall be dealt with by the Executive Council; its decision will be binding on all members until the next Congress when the matter will be resolved.

32.2. The Executive Council may affix such rules and regulations not inconsistent with this Constitution relating to the management and operation of IWBF they deem appropriate, provided that such rules and regulations shall have force and effect only until the next Congress when they shall be confirmed, or failing such confirmation at such Congress, shall cease to have any force and effect.

Article 33 COURT OF ARBITRATION FOR SPORT, LAUSANNE, SWITZERLAND

33.1. Any dispute arising from this Constitution or IWBF Internal Regulations, which cannot be settled within IWBF, shall be definitely settled by a tribunal constituted in accordance with the Statute and Regulations of the Court of Arbitration for Sport, Lausanne, Switzerland. The parties concerned shall undertake to comply with the Statutes and Regulations of this Court of Arbitration for Sport and to accept and enforce its decision in good faith.

33.2. The NOWBs affiliated to IWBF shall introduce in their own regulations such clauses that the provisions of the Constitution and the Internal Regulations of IWBF, as well as the decisions of the CLME and the Court of Arbitration for Sport are legally binding for the NOWBs themselves, the regional federations if any, the clubs, players, managers and officials.

Chapter Five General Provisions

Article 34 INTERPRETATION

34.1. In this Constitution and in all other Constitutions of IWBF hereafter passed unless the context otherwise requires, words importing the singular number or the masculine gender shall include the plural number or the feminine gender, as the case may be, and vice versa, and references to persons shall include firms and corporations. This shall also refer to the Internal Regulations of IWBF.

Article 35 LANGUAGE

35.1. English will be the official language of IWBF and the Zones: in the Zones other languages may also be designated official.

35.2. In the case of dispute regarding the interpretation of the Constitution or the Internal Regulations, the English text shall prevail.

Article 36 TWIN BASKETBALL

36.1. The IWBF recognizes the sport of Twin Basketball as a sport forming an integral part of the wheelchair basketball family.

Article 37 RELATIONSHIP WITH THE INTERNATIONAL WHEELCHAIR BASKETBALL FOUNDATION

37.1. The International Wheelchair Basketball Federation recognizes an affiliation with the International Wheelchair Basketball Foundation to advance the mission of the International Wheelchair Basketball Federation.

Article 38 RELATIONSHIP WITH FIBA

38.1. IWBF will ensure that the provisions of this Constitution and the Internal Regulations of IWBF are consistent with those of FIBA.

Article 39 DISSOLUTION

39.1. In the event of a Zone Council ceasing to exist, its responsibilities shall pass to the Executive Council along with any financial assets in order to assist in the Zone’s re•establishment.

39.2. The dissolution of IWBF shall be declared by the Congress:

39.2.1. If requested by 4/5 of the affiliated NOWBs and if, at the session of Congress voting on dissolution, 4/5 of the affiliated members present with voting rights vote for dissolution. If however, at that session, less than • of the affiliated members are present, a second session of voting on dissolution shall be called, at which session a majority of 4/5 of the affiliated members present with voting rights, irrespective of a quorum, shall be sufficient.

39.2.2. If the number of affiliated federations is reduced to three or less.

39.2.3. In the case of 39.2.1, the members who vote for dissolution, and in the case of 39.2.2, the Executive Council, shall decide on the disposition of the remaining resources after having covered the expenses caused by the operations for dissolution. However, such a decision must conform to the objectives of IWBF and the available resources must be used in favour of wheelchair basketball. This is to be done in agreement with the appropriate fiscal authorities.

Article 40 DURATION AND OBSERVANCE OF CONSTITUTION

40.1. The present Constitution shall become effective at the time of its approval by the IV Congress of IWBF held in Amsterdam, The Netherlands in 2006 and may not be amended before the next ordinary or extraordinary Congress.

40.2. The strict observance of the provision contained in this Constitution, both in spirit and letter, is the primary condition for obtaining and maintaining affiliation to IWBF. The President shall do his utmost to ensure compliance by the affiliated national federations and shall be required to inform the Executive Council of any flagrant violations of the spirit and the letter of the Constitution that he may find in the course of his duties.

ANNEX ZONES AND NATIONS

IWBF ARFICA

Algeria, Cameroon, Eritrea, Egypt, Gabon, Kenya, Mauritius, Morocco, South Africa

Associate members: Zimbabwe, Libya (SUSPENDED)

IWBF ASIA OCEANIA

Australia, Bahrain, China, People’s Republic of, Chinese Taipei, India, Iran, Iraq, Japan, Jordan, Korea, Kuwait, Lebanon, Malaysia, New Zealand, Oman, Palestine, Philippines, Qatar, Saudi Arabia, Singapore, Syria, Thailand, United Arab Emirates

Associate members: Hong Kong China (SUSPENDED)

IWBF AMERICAS

Argentina, Brazil, Canada, Chile, Colombia, Costa Rica, Cuba, Ecuador, El Salvador, Guatemala, Mexico, Puerto Rico, U.S.A., Uruguay, Venezuela

IWBF EUROPE

Austria, Belgium, Bosnia & Herzegovina, Czech Republic, Croatia, Denmark, Finland, France, Germany, Great Britain, Greece, Ireland, Israel, Italy, Latvia, Lithuania, The Netherlands, Poland, Portugal, Russia, Serbia, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, Turkey, Ukraine.

Last Updated (Tuesday, 05 January 2010 03:03)