Cartas de transferencia, convocatorias a selecciones nacionales, sanciones y el Reglamento FIBA

29 de julio de 2015

En días recientes la indecisión de los baloncelistas puertorriqueños Peter John Ramos, Ricky Sánchez y David Huertas de si aceptar o no la convocatoria a participar con el Equipo Nacional de Puerto Rico de camino al torneo pre-olímpico FIBA Américas 2015 de México ha desatado una discusión pública sobre cómo la Federación de Baloncesto de Puerto Rico debe proceder, y qué herramientas tiene a su haber para penalizar a estos jugadores en caso de que se nieguen a participar con la Selección luego de ser convocados.

A continuación encontrarán las disposiciones reglamentarias de la FIBA aplicables, según rezan en el Libro 3, capítulo II del reglamento interno vigente de la institución:

39. Any basketball player shall have the right to play basketball in any country in the world within the limits established by the General Statutes and Internal Regulations of FIBA and the eligibility regulations of the respective member federation

42. A letter of clearance must be obtained from the national member federation where a player was last licensed before he can be licensed by another member federation. A copy of each letter of clearance must be sent (also by email) to FIBA. This document certifies that the player concerned is free to be licensed by another member federation.

44. The letter of clearance may not be limiting or conditional.

46. The only reason for which a national member federation may refuse to grant the request for a letter of clearance is if the player is under contract to play for his club beyond the scheduled transfer date.

47. The national member federation may charge a maximum administrative fee as stipulated in article 3-305 for the transfer of a player under its jurisdiction to another member federation.

66. A player may not be licensed by more than one national member federation at the same time.

69. FIBA Zones may set a deadline to apply during the club competition season after which time a license will no longer be authorized.

72. Whenever a national member federation receives a request for a license for any player who was licensed previously by another national federation, before granting such a license in accordance with its own regulations, it must obtain a letter of clearance on behalf of the player concerned.

73. The national member federation may not grant the license until it has obtained the letter of clearance from the national member federation of the country where the player was last licensed or from FIBA in terms of article 3-77.

74. A request for a letter of clearance shall be sent by one of the following methods:

Registered mail with recorded delivery;

Email;

Telefax (with confirmation of receipt);

Express courier with recorded delivery; or

Delivery by hand (with confirmation of receipt).

75. The national member federation receiving a request for a letter of clearance must reply within seven (7) days following receipt of the request. It shall either grant or refuse the letter of clearance, and shall indicate whether the player in question was in fact licensed in the national member federation receiving the request for the letter of clearance. It shall also indicate the name, nationality and license number of the FIBA player’s agent(s) involved in the transfer, where applicable.

76. If the national member federation refuses the request for the letter of clearance in terms of article 3-46 above, this national member federation shall notify the party requesting clearance and FIBA immediately. The refusal shall be accompanied by a copy of the valid contract in question duly dated and signed by the parties involved. A certified English or French translation of this contract shall be attached.

77. If there is no response within the seven (7) day period, the requesting national member federation shall immediately notify FIBA. This communication must be accompanied by a copy of the first letter requesting clearance addressed to the national member federation concerned and a copy of the passport of the player in question. FIBA will authorize the granting of the license without a letter of clearance, unless there are exceptional circumstances as approved by the Secretary General

78. Any club which signs a contract with a player is obliged to release that player when he is summoned by a national member federation to play for its national team in any age category in a main official competition of FIBA.

79. Any player registered with a club is obliged to reply in the affirmative when summoned to play for his national team.

80. Upon an international transfer, each national member federation must guarantee to FIBA its responsibility in ensuring that this provision is applied by the clubs.

82. A player’s availability must be requested by the national member federation concerned in a communication to the national member federation or club with which the player is registered at least thirty (30) days before the first day of the game(s). The request must be sent by one of those methods listed in article 3-74.

83. The player should be available at least for the duration of the competition or for each individual competition day, as well as for a preparation time of:

Seventy-two (72) hours for qualifying games;

Fourteen (14) days for a tournament in a main official competition.

84. The member federations concerned may agree on a shorter period of preparation. However, the player must under all circumstances arrive forty-eight (48) hours before the beginning of the first game and be released to return to his club within twenty-four (24) hours of the end of the game(s).

85. If the national team competition is outside the club competition season, the above deadlines do not apply and shall be determined by the requesting national member federation in a reasonable way.

86. A player who claims when summoned that he has an injury or illness, and that he is unable to play must, if the requesting national member federation so wishes, undergo a medical examination by a doctor chosen by the requesting national member federation.

87. A club having entered into an agreement with a player is obliged to release the player to the requesting national member federation, without any financial indemnity for the period provided for in article 3-83 above.

88. The requesting national member federation must assume the player’s travel expenses.

89. The club to which the player is under contract is responsible for covering the player’s insurance costs in the case of injury or illness whilst on release from the club and, particularly in the event of injury, during the game(s) to which he is summoned.

Sanctions

90. If a player is called to play on his national team for one a Competition of FIBA and this player refuses to play for his national team for whatever reason (including injury or illness), he may not play for his club for the entire duration of the training period and the competition. Restriction from playing for his club will be increased by thirty (30) days if the player’s refusal to play is not manifestly due to illness, or injury. If the period of application of the thirty (30) day sanction falls outside the national championship season, it is carried over to the following season. In case the player plays during the training and/or competition period, the Secretary General may impose an additional suspension of up to thirty (30) days.

If a club refuses to release a player, the club is liable to:

1. A fine as stipulated in article 3-303; and/or
2. A suspension.
3. If a club allows a player to play during the period provided for in article 3-90, this club is liable to:
4. A fine as stipulated in article 3-303; and/or
5. A suspension; and/or
6. A default of zero: twenty (0:20) for all games played with the player during the said period, unless the club loses by more than twenty (20), in which case the result stands.
7. Should a national member federation act against the spirit and/or the letter of this rule, this national member federation is liable to:
8. A fine as stipulated in article 3-303 and/or
9. A suspension.

94. The decisions as per articles 3-90, 3-91, 3-92 and 3-93 above shall be taken by the

Secretary General. The decisions shall be subject to appeal.

95. Should a club be sanctioned in accordance with articles 3-91 and/or 3-92 the national member federation of this club is responsible for enforcing those sanctions.

97. Unless circumstances dictate otherwise, all disputes arising from a refusal to issue a letter of clearance shall be decided within seven (7) days of the point in time when the dispute has arisen by the Secretary General of FIBA with the possibility of appeal (see article 3-112)

The foregoing shall apply mutatis mutandis in the event of a dispute regarding the question to which national member federation a player transfers

99. Any international transfer having taken place without a letter of clearance is invalid and, in this event, a national member federation issuing a license and/or allowing the player’s participation in domestic or international competitions will be liable to a fine in accordance with article 3-110 of these Regulations.