ICC News 28/12/02
The International Cricket Council (ICC) has released details of the contract signed by the Board of Control of Cricket in India (BCCI) which binds it to sending its best team to the ICC Cricket World Cup 2003 (ICC CWC 2003).
ICC Chief Executive, Malcolm Speed, said that given the recent speculation that the Indian team may not play in the ICC CWC 2003 it was important to understand the contractual obligations that the BCCI had taken on and that India’s non-participation could only occur if the BCCI failed to honor the undertakings it had given to world cricket.
Mr Speed, also highlighted the clauses of the contract through which the BCCI has taken on the responsibility of ensuring that its players accepted the Player Terms that the BCCI has agreed to on their behalf.
“Under the Participating Nations Agreement (PNA) the BCCI signed in March this year the Indian Board is committed to sending its best team to the ICC Cricket World Cup 2003,” said Mr Speed.
“The contract also reinforces the BCCI’s right and responsibility to manage its own players within the commitments it has taken on under the PNA. The ICC respects this position.
“It is also vital to recognize that in signing the PNA, the BCCI has accepted the Player Terms put forward by the ICC on behalf of its team.
“It has also agreed that its best team will accept these terms and to take on the responsibility for getting the agreement of its players.
“These are the commitments that the BCCI has taken on and these are the commitments that the ICC is asking the BCCI to honor.
“The only way that the Indian team could not take its place in the ICC Cricket World Cup is if the BCCI fails to honor its agreement. I would expect the BCCI to honor the legal commitments it has made and for the Indian team to take part in the event.”
The four key clauses in the BCCI’s contract are Clause 5.1, 13.3, 13.4 and 14.1.
Clause 5.1 states:
The Competitor (i.e. the BCCI) will ensure that all Players in its squad and the Team selected for each Match are the Competitor’s best players available to the Competitor at the time of the Squad and Team selection respectively, accepting as reasons for non-availability of players only insurmountable and verifiable practical issues such as suspension, injury or serious and unavoidable non-commercial reasons such as bereavement of a close family member.
Clause 13.3 states:
The Competitor hereby undertakes to co-operate and to procure the co-operation of all Squad members with IDI and GCC (as IDI may reasonably require) to avoid any conflict between the Commercial Rights and the interests of the Competitor and its Players, including but not limited to conflicts involving the rights or actions of any Team Sponsor or Player Sponsor. In the event of any such conflict arising the Competitor shall, upon becoming aware thereof, take all steps reasonably necessary to avoid or alleviate conflict so as to avoid any adverse effect to the value of the Commercial Rights.
Clause 13.4 states:
The Competitor shall procure that each Player and Team Official provides (at no cost to IDI, UCBSA [i.e. the United Cricket Board of South Africa] or sub-licensees) authorization to enable IDI and UCBSA to use and to sub-license the use of his name, image, autograph, biography, photograph, likeness and other relevant details and to replicate (by electronic or by any other means) his image and any other performance rendered by him during the Event, including (where relevant) his batting and/or bowling action for the purposes of promoting the Event and exploiting the Commercial Rights (but excluding the Host’s Rights) provided that such name, image, autograph, biography, photograph, likeness other relevant details or performance shall not (without the prior written consent of the relevant Player or Team Official) be used in any manner which may reasonably be considered to constitute a personal endorsement by any such Player or Team Official of any product or service.
Clause 14.1 states:
The Competitor shall procure that, without cost to IDI, each member of the Squad (including for the avoidance of doubt not only all of the Players but also the non-playing members of the Squad) shall have signed the Player Terms, the form of which is set out in Schedule 3, and that all of the signed Player Terms for the Squad (bearing the Squad members’ original signatures) are delivered to IDI by 14 January 2003. The Competitor shall procure that each potential member of the Squad (to the extent that the Competitor is reasonably able to predict the same) has been provided with a copy of and shall use its best endeavors to ensure that each Squad member has read and fully understood the provisions of this Agreement (including, without limitation, the Doping Regulations) as soon as practicable following the signature of this Agreement by the Competitor and, in any event, no later that prior to their signature of the Player Terms. The Competitor shall thereafter use its best endeavors to procure compliance by each member of the Squad with all the Player Terms and shall take all steps necessary to enforce the Player Terms as IDI or the Event Technical Committee may require.