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Code of Conduct Commission

Introduction

1. The International Cricket Council ("ICC) is the body empowered to regulate world cricket.
2. There are serious allegations that some international cricket matches may have been tainted by bribery and match fixing.
3. It is recognised that
 

a.

The board of each cricket playing nation (the cricket boards) has sovereign rights over its own players, umpires, team officials and administrators and, subject to the ICC Code of Conduct, deals with serious disciplinary matters concerning those players, umpires, team officials and administrators;

 

b.

ICC has an important role to play to ensure that each of the cricket boards exercise those sovereign rights in a uniform manner and in the interests of world cricket;
 

c.

The cricket boards wish to provide ICC the jurisdiction to deal with serious disciplinary matters and, in particular, matters relating to match fixing and bribery, and other serious matters for example drugs policy.

4.

The ICC has resolved to establish the Code of Conduct Commission (the ICC Commission):

 

a.

to ensure that the ICC and the cricket boards are empowered to deal with allegations of match fixing and bribery in international cricket in the future;

 

b.

To ensure that ICC and the cricket boards have a consistent policy and are empowered to deal with any other Code of Conduct matter;

 

c.

To consider specific matters referred to it by the ICC Executive Board in particular in regard to allegations of bribery and match fixing in International Cricket.

 

The Structure and Powers of the ICC Commission

5.

The ICC Commission shall consist of 3 members, appointed by the ICC Board and shall consist of members independent to any of the cricket boards, one of whom shall have a legal background. The ICC Commission shall be appointed as soon as possible, but not later than 28th February 1999.

6.

The Executive Board shall delegate to the ICC Commission those powers necessary or convenient for the purpose of carrying out any enquiry and discharging its duties under Terms of Reference to be approved by the ICC Executive Board.

7.

It is noted that enquiries are being conducted by some members within their respective countries concerning bribery and match fixing.

8.

Subject to approval not later than 28th February 1999 of detailed Terms of Reference by the ICC Executive Board, which shall include the matters set out in Appendix A hereof, the ICC Commission is directed under paragraph 4(c) hereof to review the findings of those inquiries with a view to doing any or all of the following:

 

a.

require the members to carry out further comprehensive review of matters identified by the ICC Commission;

 

b.

Require any other cricket board which is a member of ICC to carry out a comprehensive review of matters identified by the ICC Commission.

 

c.

In its absolute discretion, if it is not satisfied that any cricket board to which a requirement has been made under sub-paragraph (b) hereof has completed or declined to complete the review requested to the satisfaction of the ICC Commission, the ICC Commission may carry out its own review in co-ordination with the relevant board;

 

d.

For the purpose of (c) above the Cricket Board of each cricket playing country subjects its players, umpires, team officials or administrators to any inquiry or action initiated by the ICC and agrees to hand over to the ICC copies of relevant information, findings, reports etc. in its possession.

 

Reporting and Sanctions

9.

The member nations of the ICC agree to be bound by and to implement the recommendations of the ICC Commission and, where necessary, to take action to enforce those recommendations.

10.

The ICC Commission is directed to deliver an interim written report to the Executive Board by 31 May 1999 or such later date as shall be agreed by the President of the ICC and the Chairman of the ICC Commission.

 

Structures

11.

a.

In order to deal with serious disciplinary issues, each country is to establish an independent judicial process, the structure and composition of which is to be approved by ICC;

 

b.

Each country is to adopt uniform, standard, stringent penalties established by ICC for match fixing and bribery. These penalties are to be approved by the Annual Conference of all Members to be held on June 23/24, 1999;

 

c.

Each country is to adopt stringent procedures established by ICC for hearing charges;

 

d.

Where a charge is laid or the ICC requires an investigation to be carried out, that process and any subsequent appeal will be conducted by the cricket board according to the principle established by ICC.

12.

The ICC Commission is to oversee the implementation of the judicial processes adopted by the cricket boards concerning match fixing and bribery issues.

13.

Where a Cricket Board conducts a hearing in respect of match fixing or bribery it is required to submit to the ICC Commission a detailed report setting out the following:

 

i.

the charge or issue which was being dealt with;

 

ii.

The manner in which it was dealt with

 

iii.

A summary of the evidence given to the cricket board;

 

iv.

A summary of the findings of the cricket board;

 

v.

The verdict or judgement of the cricket board;

 

vi.

Recommended penalties (if any) to be imposed by the cricket board and the reason for the proposed imposition of those penalties;

 

vii.

Any evidence which suggests that players from another country are implicated in amy way in the matters raised in the investigation;

 

viii.

Any other matters which the cricket board considers relevant.

14.

On receipt of a report from a cricket board, the ICC Commission shall have wide ranging powers of review of the decision of the cricket board and shall have the power to do any of the following:

 

i.

Ratify the decision of the cricket board;

 

ii.

Recommend that the penalty proposed by the cricket board be increased;

 

iii.

Remit the issues to the cricket board with a direction that it rehear all or part of the issue;

 

iv.

If it is not satisfied with the decision of the cricket board or with any of the processes followed by the cricket board, vacate the decision of the cricket board and carry out its own independent investigation of the issues with the power to impose binding penalties on the parties to the issue;

 

v.

Take such other action as it deems appropriate.


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