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February 29, 2020 01:55
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| There's not much I can see changed from the Charter published Oct 2019 and this one published Feb 2020, broad changes: | |
| -2.11 "violence is banned" has been removed; crikey! | |
| +2.13 added follow good governance as adopted by IOC | |
| +4.13 protection of personal data | |
| +5.6 changes to FIDE flag/seal | |
| c7.14 et sequens - "the Secretariat" is now "FIDE offices" | |
| c8.2 "finalistic" changed to "theological"; weird? | |
| c10.1 e) et sequens - "Audit Commission" becomes "Verification Commission" | |
| -16.1 "j) the Secretariat" removed | |
| +16.4 "World Championships are FIDE officials" | |
| -17.2 f) "formulated guaranteeing gender and FIDE Continents balance" removed | |
| +17.2 g) "If the motion is approved, the President and/or the other members of the Council must resign" | |
| +17.3 "g) other persons can be invited to participate in the meetings of the General | |
| Assembly [...]" | |
| +18.12 limit on presidential terms | |
| +20.2 The Council has more powers wrt budget | |
| +20.2 f) "Fiduciary duties to FIDE by members of the Council include the duty of care and the duty of loyalty." | |
| +20.11 The Council only reimbursed expenses | |
| c23.2 change to composition of Management Board | |
| +28.8 "Negative decisions concerning the eligibility of a candidate can be immediately | |
| appealed to the CAS." | |
| c38.2 If FIDE is disolved then money goes to a Swiss non-profit that's tax exempt. | |
| That's all the substantial changes I could see. | |
| ======================================================================================================= | |
| The full patch file between the files I was comparing is: | |
| === | |
| --- /home/user/interesting-stuff/chess/Annex_5_FIDE-Charter_final_October-2019_clean.pdf_e.txt | |
| +++ /home/user/interesting-stuff/chess/Annex_2.1_-_FIDE_Charter_draft_Final.pdf_e.txt | |
| @@ -7,78 +7,73 @@ | |
| organisation. | |
| 1.2 FIDE is an association of unlimited duration, with the status of a legal person, | |
| founded on 20th July 1924 in Paris, France, then recognised in Switzerland and | |
| -2 | |
| - | |
| - -1.3 | |
| -1.4 | |
| -1.5 | |
| - | |
| -1.6 | |
| - | |
| -registered in the Commercial Register, in accordance with the Swiss Civil | |
| -Code. | |
| -The seat and the headquarters of FIDE are in Lausanne, Switzerland. | |
| -FIDE operational offices can be open in other countries and cities, if decided by | |
| +registered in the Commercial Register, in accordance with the Swiss Civil Code. | |
| +1.3 The seat and the headquarters of FIDE are in Lausanne, Switzerland. | |
| +1.4 FIDE operational offices can be open in other countries and cities, if decided by | |
| the FIDE Council. | |
| -In order to fulfil its mission and carry out its role, FIDE may establish, acquire, | |
| +1.5 In order to fulfil its mission and carry out its role, FIDE may establish, acquire, | |
| control or delegate tasks to other legal entities such as foundations or | |
| corporations. | |
| -FIDE has exclusive rights on its name, both in the French and in the English | |
| +1.6 FIDE has exclusive rights on its name, both in the French and in the English | |
| version, as well as in the translations in other languages. | |
| +8 | |
| + | |
| + Art. 2 Mission and role of FIDE | |
| 2.1 FIDE promotes chess activities, in all their forms. | |
| 2.2 Chess is one of the most ancient intellectual and cultural games, a combination | |
| -of sport, scientific thinking and elements of art, it’s also a useful mean to | |
| -improve cognitive skills and creating capabilities for people of any age. | |
| +of sport, scientific thinking and elements of art, it’s also a useful means to | |
| +improving cognitive skills and creating capabilities for people of any age. | |
| 2.3 The practice of the game of chess is fully recognised as a sport by the | |
| -International Olympic Committee, that recognised FIDE as an International | |
| -Sport Federation since 1999. | |
| -2.4 FIDE is recognised by its members and by the International Olympic | |
| -Committee as the international federation in the domain of chess, the supreme | |
| -body responsible for the sport of chess, its championships and events. | |
| -2.5 The mission of FIDE is the diffusion and development of chess among all | |
| -nations of the world, as well as the raising of the level of chess culture and | |
| -knowledge on a sporting, scientific, creative, educational and cultural basis. | |
| -2.6 FIDE supports a close international cooperation of chess devotees in all fields | |
| -of chess activities, thereby also aiming to improve harmony and to promote | |
| -peace among all peoples of the world. | |
| -2.7 FIDE takes actions to strengthen unity of national and regional chess | |
| -federations throughout the world and oversees all international competitions. | |
| +International Olympic Committee, that recognised FIDE as an International Sport | |
| +Federation since 1999. | |
| +2.4 FIDE is recognised by its members and by the International Olympic Committee | |
| +as the international federation in the domain of chess, the supreme body | |
| +responsible for the sport of chess, its championships and events. | |
| +2.5 The mission of FIDE is the diffusion and development of chess among all nations | |
| +of the world, as well as the raising of the level of chess culture and knowledge on | |
| +a sporting, scientific, creative, educational and cultural basis. | |
| +2.6 FIDE supports close international cooperation of chess devotees in all fields of | |
| +chess activities, thereby also aiming to improve harmony and promote peace | |
| +among all peoples of the world. | |
| +2.7 FIDE takes actions to strengthen unity of national and regional chess federations | |
| +throughout the world and oversees all international competitions. | |
| 2.8 FIDE issues the rules of chess and the provisions pertaining to the organisation | |
| of chess competitions. National competitions that are not FIDE rated can be | |
| regulated by specific national rules, also when attended by players of different | |
| countries, including the possibility to use a national rating system. | |
| -2.9 FIDE determines the conditions and awards international chess titles and | |
| +2.9 FIDE determines the conditions for and awards international chess titles and | |
| ratings. | |
| 2.10 FIDE can directly organise international competitions and events. | |
| 2.11 FIDE especially encourages and supports: | |
| - the education of youth through chess sport and culture; | |
| - the promotion of women in all chess activities and events; | |
| - the promotion of ethics and any effort aimed to ensuring that, in chess, the | |
| -spirit of fair play prevails and violence is banned; | |
| -3 | |
| - | |
| - -- any effort aimed to improving the inclusion in chess events of disabled or | |
| -differently abled persons; | |
| -- any effort aimed to improving the inclusion in chess events of refugees and | |
| -migrants; | |
| -- any efforts of private organisations and public authorities aimed to | |
| -providing for the social and professional future of chess players; | |
| +spirit of fair play prevails; | |
| +- any effort aimed to improve the inclusion of disabled or differently abled | |
| +persons in chess events;3) | |
| +- any effort aimed to improve the inclusion of refugees and migrants in chess | |
| +events; | |
| +- any efforts of private organisations and public authorities aimed to provide | |
| +for the social and professional future of chess players; | |
| - any effort aimed to improve good governance in all chess organisations. | |
| -2.12 FIDE promotes chess solidarity aimed to carry out development programs and | |
| -to bridge socio-economic divides among individuals and countries regarding | |
| -access to chess activities. | |
| +2.12 FIDE promotes chess solidarity aimed to carry out development programs and to | |
| +bridge socio-economic divides among individuals and countries regarding access | |
| +to chess activities. | |
| +2.13 FIDE observes the “Basic Universal Principles of Good Governance of the | |
| +9 | |
| + | |
| + +Olympic an2.d Sports Movement” adopted by the IOC. | |
| Art. 3 Rights over Chess Olympiads, World Championships, chess events and ratings | |
| 3.1 FIDE has the sole rights to organise Chess Olympiads and the World Chess | |
| Championships, in all their forms, including competitions on internet and | |
| -regarding variations of the traditional game of chess (as Fischer random chess960, blind-folded chess, etc.). | |
| +regarding variations of the traditional game of chess (as Fischer random chess960, blindfold chess, etc.). | |
| 3.2 FIDE is the only due sports organisation authorised to specify conditions for | |
| (including registration and appointment regulations) and arrange Chess | |
| -Olympiads, World Chess Championships as well as other international chess | |
| -competitions and events. | |
| +Olympiads and Paralympiads, World Chess Championships as well as other | |
| +international chess competitions and events under auspices of FIDE. | |
| 3.3 FIDE reserves its exclusive rights for official chess ratings and official ranking | |
| systems and shall not accept any ratings (including online) for any official FIDE | |
| activities, other than those approved of or specified by FIDE. | |
| @@ -88,23 +83,20 @@ | |
| 4.2 FIDE preserves the autonomy of chess and sport. | |
| 4.3 FIDE is committed to respecting all internationally recognised human rights and | |
| shall strive to promote the protection of these rights. | |
| -4.4 FIDE rejects any kind of discrimination against a country, private person or | |
| -group of people on account of race, skin colour, ethnic, national or social origin, | |
| +4.4 FIDE rejects any kind of discrimination against a country, private person or group | |
| +of people on account of race, skin colour, ethnic, national or social origin, | |
| citizenship, birth, age, status, wealth, disability, language, religion, sex, gender | |
| identity or expression, pregnancy, sexual orientation, political opinions, or any | |
| other reason. | |
| 4.5 FIDE shall undertake all measures necessary to guarantee equal access to the | |
| -game of chess and tournaments to all genders and to assure gender balance | |
| -inside FIDE organs and management, in the percentages specified in the | |
| -Electoral Rules. | |
| +game of chess and tournaments to all genders and to assure gender balance inside | |
| +FIDE organs and management, in the percentages specified in the Electoral | |
| +Rules. | |
| 4.6 FIDE shall undertake all measures necessary to guarantee equal access to the | |
| game of chess and tournaments to all countries, zones and continents and to | |
| assure fair representation of countries, zones and continents inside FIDE organs | |
| and management. | |
| -4 | |
| - | |
| - -4.7 | |
| +4.7 | |
| FIDE events may be hosted only by nations where free access is assured to | |
| representatives of all FIDE members. Exceptions can be admissible only for | |
| @@ -115,19 +107,32 @@ | |
| clubs, officials and players. | |
| 4.9 FIDE dedicates its efforts, in close collaboration with the International Olympic | |
| Committee (IOC) and the World Anti-Doping Agency (WADA), to fight any | |
| +10 | |
| + | |
| + +4.10 | |
| + | |
| +4.11 | |
| + | |
| +4.12 | |
| + | |
| +4.13 | |
| + | |
| form of doping, and takes measures to prevent endangering the health of | |
| -competitors, accepting the WADA World Anti-Doping Code and its | |
| -international standards. | |
| -4.10 FIDE observes strict neutrality in the internal affairs of its members but has the | |
| +competitors, accepting the WADA World Anti-Doping Code and its international | |
| +standards. | |
| +FIDE observes strict neutrality in the internal affairs of its members but has the | |
| right and duty to evaluate their compliance with FIDE principles and their | |
| obligations towards FIDE. | |
| -4.11 Member Federations can apply national rules to their tournaments and | |
| -activities, also if different from FIDE rules and regulations, however, FIDE | |
| -principles must always be applied, except if otherwise provided in the present | |
| -FIDE Charter. | |
| -4.12 FIDE may grant patronage, upon such terms and conditions as it may consider | |
| -appropriate, to chess competitions and events on condition that they take place | |
| -in compliance with FIDE rules and principles. | |
| +Member Federations can apply national rules to their tournaments and activities, | |
| +also if different from FIDE rules and regulations, however, FIDE principles must | |
| +always be applied, except if otherwise provided in the present FIDE Charter. | |
| +FIDE may grant patronage, upon such terms and conditions as it may consider | |
| +appropriate, to chess competitions and events on condition that they take place in | |
| +compliance with FIDE rules and principles. | |
| +FIDE is committed to the protection of personal data of all chess stakeholders | |
| +with respect to general data protection regulations. | |
| + | |
| Art. 5 FIDE motto, seal, flag, emblems and anthem | |
| 5.1 The FIDE motto is Gens Una Sumus (We are one family). | |
| 5.2 The FIDE seal is a white knight intersected by five white latitudinal lines on a | |
| @@ -135,113 +140,107 @@ | |
| FIDE motto in black below the globe. | |
| 5.3 The FIDE flag is the FIDE seal at the centre of a sky-blue background, on both | |
| sides of the flag, measuring 100 x 150 cm or in proportion thereto. | |
| -5.4 Other FIDE emblems, which can also be finalised to specific events or | |
| -activities, can be introduced by additional regulations. | |
| +5.4 Other FIDE emblems, which can also be finalised to specific events or activities, | |
| +can be introduced by additional regulations. | |
| 5.5 The FIDE anthem is the musical work entitled Inno della FIDE, composed in | |
| 1951 by Gian Carlo Dal Verme1. Other anthems can be adopted for specific | |
| categories of events, such as the anthem of Chess Olympiads. | |
| +5.6 The Council can approve changes regarding forms and colours of the FIDE seal, | |
| +flag and emblems. | |
| Art. 6 Official languages | |
| 6.1 English is the official language of FIDE. | |
| 6.2 A translation into French of this charter will be provided on occasion of its | |
| registration in front of Swiss authorities. In the case of divergence between the | |
| English and the French texts, the English text shall prevail. | |
| +6.3 In the FIDE General Assembly delegates and participants can speak in English, | |
| +French, Spanish, Russian or Arabic. Qualified interpreters shall translate into | |
| +these languages. Delegates may speak in a different mother tongue if they ensure | |
| +qualified interpretation into one of the above-mentioned languages. | |
| +6.4 Member associations are responsible for the translation into their official | |
| +languages of the FIDE Charter, rules and regulations. | |
| 1 | |
| Words of Marcel Berman. The anthem can also be played without words. Different words can be adopted, | |
| following a decision of the Council. | |
| -5 | |
| - | |
| - -6.3 | |
| - | |
| -6.4 | |
| - | |
| -In the FIDE General Assembly delegates and participants can speak in English, | |
| -French, Spanish, Russian or Arabic. Qualified interpreters shall translate into | |
| -these languages. Delegates may speak in a different mother tongue if they | |
| -ensure qualified interpretation into one of the above-mentioned languages. | |
| -Member associations are responsible for the translation into their official | |
| -languages of FIDE Charter, rules and regulations. | |
| - | |
| +11 | |
| + | |
| + Art. 7 FIDE rules and regulations | |
| 7.1 The system of FIDE rules and regulations is hierarchically organised as follows: | |
| - FIDE Charter; | |
| -- By laws, Ethics and Disciplinary Code, Electoral Rules, Financial Rules, | |
| +- By-laws, Ethics and Disciplinary Code, Electoral Rules, Financial Rules, | |
| Rules on Laws of Chess, Zonal Council Rules, Rules on Non-elected | |
| Commissions; | |
| - Regulations; | |
| -- Procedural Rules of the Ethics and Disciplinary Commission, of the Fair | |
| -Play Commission and of the Arbiters’ Disciplinary Committee; | |
| +- Procedural Rules of the Ethics and Disciplinary Commission, of the Fair Play | |
| +Commission and of the Arbiters’ Disciplinary Committee; | |
| - Decisions; | |
| - Internal rules of FIDE organs; | |
| - Recommendations and Guidelines. | |
| 7.2 There will be no other rules or regulations in FIDE. | |
| 7.3.1 The FIDE Charter contains the primary rules and the main principles of the | |
| -organisation and cannot be derogated by any other FIDE rule, regulation or | |
| -decision. The FIDE Charter is approved and can be modified only by the | |
| -General Assembly, with a majority of two third of valid votes. The FIDE | |
| -Charter is registered in the Swiss Commercial register. An official version of | |
| -the FIDE Charter, on paper, signed by the President, is deposited in the FIDE | |
| -offices; a scan copy of this document is made available on the FIDE website. | |
| -7.4 By laws can add clarifications or official interpretations to the rules included in | |
| +organisation and cannot be superseded nor derogated by any other FIDE rule, | |
| +regulation or decision. The FIDE Charter is approved and can be modified only | |
| +by the General Assembly, with a majority of two-thirds of valid votes. The FIDE | |
| +Charter is registered in the Swiss Commercial register. An official version of the | |
| +FIDE Charter, on paper, signed by the President, is filed in the FIDE offices; a | |
| +scanned copy of this document is made available on the FIDE website. | |
| +7.4 By-laws can add clarifications or official interpretations to the rules included in | |
| the FIDE Charter, when necessary or useful, and are approved by the General | |
| Assembly, by simple majority. | |
| 7.5 FIDE Ethics and Disciplinary Code, Electoral Rules, Financial Rules, Rules on | |
| Laws of Chess and Zonal Council Rules are approved and modified by the | |
| -General Assembly, by simple majority, and cannot be derogated by rules of an | |
| -inferior level. | |
| -7.6 Regulations and Rules on Non-elected Commissions are approved and modified | |
| -by the Council. | |
| +General Assembly, by simple majority, and cannot be superseded nor derogated | |
| +by rules of an inferior level. | |
| +7.6 Regulations and Rules on Non-elected Commissions are adopted, approved and | |
| +modified by the Council. | |
| 7.7 Procedural Rules of the Ethics and Disciplinary Commission, of the Fair Play | |
| Commission and of the Arbiters’ Disciplinary Committee are approved by the | |
| Council: they must be applied also by all parties involved in the proceedings in | |
| front of these organs. | |
| -7.8 Decisions concerning disciplinary or sport justice matters are issued by the | |
| -Ethics and Disciplinary Commission and, for some specific arbiters’ | |
| -6 | |
| - | |
| - -7.9 | |
| - | |
| -7.10 | |
| +7.8 Decisions concerning disciplinary or sport justice matters are issued by the Ethics | |
| +and Disciplinary Commission and, for some specific arbiters’ behaviours, by the | |
| +Arbiters’ Disciplinary Committee. Ethics and Disciplinary Commission’s | |
| +decisions are final, as better specified in Parts III and V of this Charter. Arbiters’ | |
| +Disciplinary Committee’s decisions can be appealed in front of the Council. | |
| +7.9 Decisions concerning specific administrative or executive matters are issued by | |
| +the President or the Management Board and can be appealed in front of the | |
| +Council. | |
| +7.10 Each FIDE organ can approve internal rules, concerning its functioning, by | |
| +12 | |
| + | |
| + 7.11 | |
| 7.12 | |
| 7.13 | |
| 7.14 | |
| -behaviours, by the Arbiters’ Disciplinary Committee. Ethics and Disciplinary | |
| -Commission’s decisions are final, as better specified in Parts III and V of this | |
| -Charter. Arbiters’ Disciplinary Committee’s decisions can be appealed in front | |
| -of the Council. | |
| -Decisions concerning specific administrative or executive matters are issued by | |
| -the President or the Management Board and can be appealed in front of the | |
| -General Assembly. | |
| -Each FIDE organ can approve internal rules, concerning its functioning, by | |
| -majority of its components. | |
| +majority of its components. Internal rules cannot supersede nor derogate other | |
| +FIDE rules, in accordance with the hierarchy listed in 7.1. | |
| All FIDE members, organs and officials must observe FIDE rules and | |
| regulations. | |
| All FIDE members must include, in their statutes, the obligation for their | |
| members to observe FIDE rules and regulations. | |
| -All FIDE rules and regulations have to be made available on the FIDE website, | |
| -on a digitalised version, mentioning clearly the date of their approval and of any | |
| +All FIDE rules and regulations must be made available on the FIDE website, on | |
| +a digitalised version, mentioning clearly the date of their approval and of any | |
| changes of them. If not differently provided in this Charter or by the competent | |
| -organs that approved them, new rules and regulations become applicable 15 | |
| -days after their publication on the FIDE website. | |
| -All FIDE rules and regulations are collected in the FIDE Handbook, whose | |
| -index, structure and updating must be approved by the Constitutional | |
| -Commission that, in accordance with its internal rules, will instruct the | |
| -Secretariat about the publication. | |
| +organs that approved them, new rules and regulations become applicable 15 days | |
| +after their publication on the FIDE website. | |
| +All FIDE rules and regulations are collected in the FIDE Handbook, whose index, | |
| +structure and updating must be approved by the Constitutional Commission that, | |
| +in accordance with its internal rules, will instruct FIDE offices about the | |
| +publication. | |
| Art. 8 Interpretation of FIDE rules and regulations | |
| 8.1 The interpretation of FIDE rules and regulations must be in conformity with the | |
| Olympic Charter, the World Anti-Doping Code and the Olympic Movement | |
| Code on the Prevention of Manipulation of Competitions. | |
| -8.2 When textual, systematic and finalistic interpretation are not sufficient to give a | |
| -solution to a specific case or issue, general principles of law can be applied. | |
| -8.3 The definitions inserted above, before Article 1, are part of this Charter, they | |
| -have an interpretative value of the meaning in which those words are used in the | |
| +8.2 When textual, systematic and theological interpretation are not sufficient to give | |
| +a solution to a specific case or issue, general principles of law can be applied. | |
| +8.3 The definitions inserted above, before Article 1, are part of this Charter, they have | |
| +an interpretative value of the meaning in which those words are used in the | |
| Charter, but only if not otherwise evident from the text. | |
| PART II – MEMBERSHIP | |
| Art. 9 Member Federations | |
| @@ -252,7 +251,14 @@ | |
| This rule shall not apply to Federations that were accepted as FIDE Members | |
| before the date of this Charter entering into force. | |
| 9.3 The request of admission by a different federation, as a representative of a given | |
| -7 | |
| +country, can be considered only if the previously recognised Member Federation | |
| +has been expelled by the General Assembly or has withdrawn from FIDE or is | |
| +disbanded according to the procedure set out in its statutes and regulations. If a | |
| +disbanded Member Federation was not in good financial standing with FIDE at | |
| +the time of its disbandment, the new Member Federation shall take over all | |
| +financial obligations of the former one, unless the General Assembly decides | |
| +otherwise. | |
| +13 | |
| 9.4 | |
| @@ -260,15 +266,8 @@ | |
| 9.6 | |
| -country, can be considered only if the previously recognised Member | |
| -Federation has been expelled by the General Assembly or has withdrawn from | |
| -FIDE or is disbanded according to the procedure set out in its statutes and | |
| -regulations. If a disbanded Member Federation was not in good financial | |
| -standing with FIDE at the time of its disbandment, the new Member Federation | |
| -shall take over all financial obligations of the former one, unless General | |
| -Assembly decides otherwise. | |
| -For new members, the country of the federation must be a country recognised | |
| -by the United Nations and the International Olympic Committee (IOC). | |
| +For new members, the country of the federation must be a country recognised by | |
| +the United Nations and the International Olympic Committee (IOC). | |
| The expression “country” shall mean any country, state, territory or a part of | |
| territory recognised by the international community, in conformity with the | |
| Olympic Charter and the IOC regulations. | |
| @@ -280,35 +279,38 @@ | |
| b) to make proposals for inclusion in the agenda of the General Assembly and | |
| of the Congress; | |
| c) to nominate candidates for the President, other members of the Council, | |
| -Zone President of their Zone, chairmen and members of the Commissions; | |
| +Zonal President of their Zone, chairmen and members of the Commissions; | |
| d) to take part in FIDE competitions and to benefit from FIDE’s assistance, | |
| development and educational programmes, according to the existing | |
| regulations; | |
| -e) to scrutinise, through the Audit Commission, the financial management of | |
| -FIDE, in accordance with the Financial Rules; | |
| +e) to scrutinise, through the Verification Commission, the financial | |
| +management of FIDE, in accordance with the Financial Rules; | |
| f) to exercise all other rights arising from FIDE rules and regulations; | |
| -g) to withdraw from FIDE. The Secretariat must be informed in writing of the | |
| -withdrawal at the latest three months in advance. Payment of membership | |
| +g) to withdraw from FIDE. The FIDE Offices must be informed in writing of | |
| +the withdrawal at the least three months in advance. Payment of membership | |
| fees and all other contributions remains obligatory until the date of | |
| withdrawal becomes effective. Membership fees or other contributions will | |
| -not be refunded if a member withdraws or is excluded. | |
| +not be refunded if a member withdraws or is expelled. | |
| 10.2 The exercise of these rights is subject to the provisions in this Charter and other | |
| FIDE rules and regulations. | |
| Art. 11 Obligations of Member Federations | |
| Member Federations must: | |
| a) observe all rules, regulations and decisions of FIDE and ensure that their | |
| -members and various bodies, including leagues and clubs, also comply | |
| -with them; | |
| +members and various bodies, including leagues and clubs, also comply with | |
| +them; | |
| b) ensure that their statutes and rules fully comply with FIDE rules and | |
| regulations; | |
| -c) comply with their own statutes, rules and regulations, refraining from | |
| -8 | |
| - | |
| - -d) | |
| - | |
| -e) | |
| -f) | |
| +c) comply with their own statutes, rules and regulations, refraining from taking | |
| +discriminatory decisions or actions; | |
| +d) maintain full control and governance of chess in their country, including, | |
| +without limitations, control over their national competitions, excluded | |
| +unofficial and unrated events; | |
| +e) develop chess activities, chess culture and chess education in their country | |
| +or territory; | |
| +f) ensure the participation of their players and teams in the most relevant | |
| +14 | |
| + | |
| + g) | |
| h) | |
| i) | |
| @@ -324,113 +326,99 @@ | |
| q) | |
| r) | |
| -taking discriminatory decisions or actions; | |
| -maintain full control and governance of chess in their country, including, | |
| -without limitations, control over their national competitions, excluded | |
| -unofficial and unrated events; | |
| -develop chess activities, chess culture and chess education in their country | |
| -or territory; | |
| -ensure the participation of their players and teams in the FIDE most | |
| -relevant international competitions, in the limits of their possibilities; | |
| +international competitions, in the limits of their possibilities; | |
| remain in good standing, including in good financial standing; | |
| -pay membership fees and other FIDE contributions; | |
| +pay membership fees and other FIDE obligations; | |
| recognise FIDE’s authority and position; | |
| effectively support FIDE in all chess activities; | |
| correctly exhibit FIDE logo and name, in accordance with FIDE | |
| Regulations; | |
| -act independently from any government, public or private institution, | |
| -except for what provided as mandatory by their national legal order; | |
| +act independently from any government, public or private institution, except | |
| +for what provided as mandatory by their national legal order; | |
| promote amicable and courteous relations with other Member Federations | |
| and their members, officials and players; | |
| -communicate a copy of their current statutes to FIDE Secretariat, adding a | |
| +communicate a copy of their current statutes to FIDE Offices, adding a | |
| translation into English, if written in a different language; | |
| communicate any change of their statutes, not later than two months after | |
| their entry into force. In the event of doubt or conflict, only timely | |
| -communicated changes will be considered as valid in front of FIDE | |
| -organs; | |
| -inform FIDE about their chess activities and their institutional and | |
| -financial situation, answering an annual questionnaire distributed by FIDE | |
| -Secretariat, and also sending, if requested, copies of their official | |
| -documents (minutes of assemblies, budget, etc.); | |
| +communicated changes will be considered as valid in front of FIDE organs; | |
| +inform FIDE about their chess activities and their institutional and financial | |
| +situation, answering an annual questionnaire distributed by FIDE Offices, | |
| +and also sending, if requested, copies of their official documents (minutes | |
| +of assemblies, financial statements, etc.); | |
| regularly organise general assemblies and elections, in accordance with | |
| their statutes and national legal order; | |
| communicate and update, within one month of any change, the following | |
| data: | |
| -§ address and contacts; | |
| -§ registered email address, to be used for all official communications to | |
| + address and contacts; | |
| + registered email address, to be used for all official communications to | |
| and from FIDE, that allows to legally track and prove the delivery of | |
| their emails and documents, signed electronically; | |
| -§ name and contacts of their President and FIDE Delegate. | |
| + name and contacts of their President and FIDE Delegate. | |
| Art. 12 Admission of Member Federations | |
| 12.1 The General Assembly is competent to decide on the admission of new Member | |
| Federations, after Council’s examination of the preconditions for admittance. | |
| 12.2 Decisions on the admission of new federations shall be made before any other | |
| -9 | |
| - | |
| - order of business, except elections. A new member can fully participate in all | |
| FIDE meetings, including the right to vote, from the moment it is accepted for | |
| membership by the General Assembly. | |
| -12.3 The requests of admission have to be submitted to the Secretariat, providing all | |
| +12.3 The requests of admission have to be submitted to FIDE Offices, providing all | |
| information requested, filling in the form specifically approved by the Council, | |
| including information regarding national rules about the legal nature of the | |
| applicant and the necessity or not of an approval or recognition by national | |
| authorities. | |
| +15 | |
| + | |
| + Art. 13 Suspension and Expulsion of Member Federations | |
| 13.1 Member Federations not fulfilling their duties may be suspended from FIDE | |
| -membership by a decision of the Council –that is immediately effective but is | |
| -subject to confirmation by the General Assembly- and may be permanently | |
| +membership by a decision of the Council that is immediately effective but is | |
| +subject to confirmation by the General Assembly, and may be permanently | |
| expelled from FIDE by a decision of the General Assembly. | |
| 13.2 A Member Federation in arrears in the fulfilment of its financial obligations for | |
| a period of two consecutive years or more will be suspended, except if justified | |
| by the Council, following an advisory opinion by the Verification Commission. | |
| The suspension for this reason shall be annulled by the Council if the suspended | |
| Federation Member has fulfilled its financial obligations. | |
| -13.3 In other matters the confirmation of the suspension or the expulsion of a | |
| -Member Federation can be ruled by the General Assembly only for important | |
| -reasons related to severe violations of its duties, following an advisory opinion | |
| -by the Constitutional Commission. | |
| -13.4 Decisions by the General Assembly on the suspension or expulsion of a | |
| -Member Federation shall be made before any other order of business. Decisions | |
| -on expulsion requires a two third majority of valid votes. The Member | |
| -Federation whose suspension or expulsion is requested has the right to submit | |
| -written defences and to be heard before the decision, in front of both the | |
| -Council and the General Assembly. | |
| +13.3 In other matters the confirmation of the suspension or the expulsion of a Member | |
| +Federation can be decided by the General Assembly only for compelling reasons | |
| +related to severe violations of its duties, following an advisory opinion by the | |
| +Constitutional Commission. | |
| +13.4 Decisions by the General Assembly on the suspension or expulsion of a Member | |
| +Federation shall be made before any other order of business. Decisions on | |
| +expulsion requires a two third majority of valid votes. The Member Federation | |
| +whose suspension or expulsion is requested has the right to submit written | |
| +defences and to be heard before the decision, in front of both the Council and the | |
| +General Assembly. | |
| 13.5 If a Member Federation permanently loses the right to represent the chess | |
| community in its country, according with national law and after exhausting all | |
| national remedies, this situation shall justify its expulsion as well. | |
| -13.6 During the suspension period the suspended Member Federation forfeits its | |
| -rights under Art. 10 and its officials and national teams may not participate in | |
| -any FIDE congress, competition, event or activity. Players, arbiters and trainers | |
| -can still participate in individual competitions and other events, under their | |
| -national flag or under FIDE flag, if not otherwise decided by the Council or the | |
| -General Assembly. | |
| +13.6 During the suspension period the suspended Member Federation forfeits its rights | |
| +under Art. 10 and its officials and national teams may not participate in any FIDE | |
| +congress, competition, event or activity. Players, arbiters and trainers can still | |
| +participate in individual competitions and other events, under their national flag | |
| +or under FIDE flag, if not otherwise decided by the Council or the General | |
| +Assembly. | |
| Art. 14 Affiliated Organisations | |
| -14.1 The General Assembly, following an advisory opinion of the Council, can | |
| -admit as Affiliated Organisations: | |
| +14.1 The General Assembly, following an advisory opinion of the Council, can admit | |
| +as Affiliated Organisations: | |
| a) organisations grouping Member Federations; | |
| -10 | |
| - | |
| - -14.2 | |
| -14.3 | |
| -14.4 | |
| -14.5 | |
| - | |
| -b) associations or organisations which represent some international regions | |
| -or transnational territories; | |
| +b) associations or organisations which represent some regions or transnational | |
| +territories; | |
| c) associations or other organisations representing people with a common | |
| ground or with same interests on some specific chess activities. | |
| -Affiliated Organisations have the right to take part in FIDE Congresses and in | |
| +14.2 Affiliated Organisations have the right to take part in FIDE Congresses and in | |
| the General Assembly, without voting. | |
| -Affiliated Organisations can organise and participate in some specific FIDE | |
| +14.3 Affiliated Organisations can organise and participate in some specific FIDE | |
| competitions or events, according with FIDE rules and regulations. | |
| -Affiliated Organisations can be authorised to organise events under the auspices | |
| +16 | |
| + | |
| + +14.4 Affiliated Organisations can be authorised to organise events under the auspices | |
| of FIDE. | |
| -Affiliated Organisations can be temporary suspended or permanently expelled | |
| -by the General Assembly, for good cause. | |
| - | |
| +14.5 Affiliated Organisations can be temporarily suspended or permanently expelled | |
| +by the General Assembly, for just cause. | |
| Art. 15 Honourable Dignitaries | |
| 15.1 Honourable Dignitaries are: | |
| a) Honorary Presidents; | |
| @@ -438,9 +426,9 @@ | |
| c) Honorary Members; | |
| d) Friends of FIDE. | |
| 15.2 Honourable Dignitaries are awarded by the General Assembly, following a | |
| -proposal of the President or of the Council, recognising their special | |
| -contribution to the world of chess. Friends of FIDE can be directly nominated | |
| -by the Council, following a proposal of the President. | |
| +proposal of the President or of the Council, recognising their special contribution | |
| +to the world of chess. Friends of FIDE can be directly nominated by the Council, | |
| +following a proposal of the President. | |
| 15.3 Only former FIDE Presidents can be nominated as Honorary Presidents. | |
| 15.4 Honourable Dignitaries have the right to attend the FIDE General Assembly, | |
| without voting rights. | |
| @@ -456,232 +444,241 @@ | |
| g) the Constitutional Commission; | |
| h) the Ethics and Disciplinary Commission and its Chambers; | |
| i) the Electoral Commission; | |
| -j) the Secretariat. | |
| -16.2 FIDE organs are the organisational elements of FIDE as a juridical person and | |
| -as a centre of attribution of legal situations: FIDE acts through its own organs | |
| -11 | |
| - | |
| -and the effects of FIDE organs’ activities –in the limits of their competences | |
| -and powers- are directly attributed to FIDE. The number, the composition and | |
| -the competences of the FIDE organs are established exclusively by the FIDE | |
| -Charter. No new organ can be created without modifying the FIDE Charter. | |
| -Non-elected Commissions and ad hoc commissions or committees can be | |
| +16.2 FIDE organs are the organisational elements of FIDE as a juridical person and as | |
| +a centre of attribution of legal situations: FIDE acts through its own organs and | |
| +the effects of FIDE organs’ activities, subject to the limits of their competences | |
| +and powers as provided for in this FIDE Charter, are directly attributed to FIDE. | |
| +The number, the composition and the competences of the FIDE organs are | |
| +established exclusively by the FIDE Charter. No new organ can be created | |
| +without modifying the FIDE Charter. | |
| +16.3 Non-elected Commissions and ad hoc commissions or committees can be | |
| instituted by the Council, the General Assembly and the President, but just as | |
| consultative bodies of these organs and not as separate organs. | |
| -FIDE officials are all persons who bear a FIDE office and/or who represents | |
| +16.4 FIDE officials are all persons who bear a FIDE office and/or who represents | |
| +17 | |
| + | |
| + | |
| + | |
| FIDE in occasion of events or competitions, even if temporary. Among others, | |
| -the President, the Deputy President, the Treasurer, the General Secretary, the | |
| -Vice-Presidents, the Continental Presidents, the Zonal Presidents, the Chairmen | |
| -of Commissions, the Directors and also the principals of FIDE Olympiads are | |
| -FIDE officials. | |
| -All members of FIDE organs are elected or nominated for a period of four | |
| -years, if not otherwise provided for in this Charter. Elections of the Chairmen | |
| -and the members of the Verification Commission, of the Ethics and | |
| -Disciplinary Commission and of the Constitutional Commission are held two | |
| -years after the other elections. Where an interim election or a new nomination is | |
| -necessitated, the person elected or nominated shall serve for the remainder of | |
| -the normal election period. | |
| -Representation or voting by proxy is never allowed, for any FIDE organ. | |
| +the President, the Deputy President, the Treasurer, the Secretary of the Council, | |
| +the Vice-Presidents, the Continental Presidents, the Zonal Presidents, the | |
| +Chairmen of Commissions, the Directors and also the principals of FIDE | |
| +Olympiads and World Championships are FIDE officials. | |
| +All members of FIDE organs are elected or nominated for a period of four years, | |
| +if not otherwise provided for in this Charter. Elections of the Chairmen and the | |
| +members of the Verification Commission, of the Ethics and Disciplinary | |
| +Commission and of the Constitutional Commission are held two years after the | |
| +other elections. Where an interim election or a new nomination is necessitated, | |
| +the person elected or nominated shall serve for the remainder of the normal | |
| +election period. | |
| +Representation or voting by proxy is never allowed for any FIDE organ. | |
| Internal Rules regulate the organisation and the functioning of each organ for all | |
| aspects not expressly provided for by this Charter. | |
| -Electoral Rules regulate the organisation of elections for all aspects not | |
| -expressly provided for by this Charter. | |
| -Persons elected or nominated as components of FIDE organs shall sit on those | |
| -organs in their individual capacity and must act exclusively in the best interest | |
| -of FIDE, without undue influence from third parties, their Member Federation | |
| -and FIDE Continent included. | |
| +Electoral Rules regulate the organisation of elections for all aspects not expressly | |
| +provided for by this Charter. | |
| +Persons elected or nominated as members of FIDE organs shall sit on those | |
| +organs in their individual capacity and must act exclusively in the best interest of | |
| +FIDE, without undue influence from third parties, their Member Federation or | |
| +FIDE Continent. | |
| Whenever any FIDE official has a financial or personal interest in any matter | |
| coming before any FIDE body on which has a deliberative voice or vote, the | |
| affected person shall fully disclose the nature of the interest to the relevant body | |
| and withdraw from discussion, lobbying, and voting on the matter. Situations of | |
| conflict of interest can find a specific regulation in the Ethics and Disciplinary | |
| -Code. | |
| +Code and in the Internal Rules of the different organs. | |
| All income received by FIDE officials as a player, an arbiter or an appeals | |
| committee member regarding FIDE events, including Continental events, shall | |
| be disclosed. | |
| FIDE officials may not simultaneously hold another position within the | |
| organisation that creates a conflict of interest. | |
| -With the exception of the President, when an elected FIDE office becomes | |
| -vacant for any reason during the course of a term, new elections are organised | |
| -12 | |
| - | |
| - -16.14 | |
| - | |
| -16.15 | |
| - | |
| -16.16 | |
| -16.17 | |
| - | |
| -in the next General Assembly. Till that moment the Council appoints, only if | |
| -absolutely necessary for a task established as mandatory by this Charter, a | |
| -temporary substitute, if possible among the other members of that FIDE organ. | |
| -When a nominated FIDE office becomes vacant for any reason during the | |
| -course of a term, the President makes a new nomination, to be confirmed at the | |
| -first following meeting by the competent FIDE organ –General Assembly or | |
| -Council-, if previewed. | |
| +With the exception of the President, when an elected FIDE office becomes vacant | |
| +for any reason during the course of a term, new elections are organised in the next | |
| +General Assembly. Until that moment the Council appoints, only if absolutely | |
| +necessary for a task established as mandatory by this Charter, a temporary | |
| +substitute, if possible from among the other members of that FIDE organ. | |
| +When a nominated FIDE office becomes vacant for any reason during the course | |
| +of a term, the President makes a new nomination, to be confirmed at the first | |
| +following meeting by the competent FIDE organ, General Assembly or Council, | |
| +if previewed. | |
| Elected FIDE officials can be removed from their position only following a | |
| +18 | |
| + | |
| + sanction by the Ethics and Disciplinary Commission or the approval of a vote of | |
| no confidence, when previewed. | |
| -Appointed FIDE office bearers can be removed from their position only for | |
| -cause, following a written motivated decision by the President. | |
| -Directors appointed as members of the Management Board or as heads of a | |
| -local office can be removed from their position by the President, at his own | |
| -discretion. | |
| - | |
| +16.16 Appointed FIDE office bearers, members of the Management Board included, | |
| +can be removed from their position only for cause, following a written motivated | |
| +decision by the President. | |
| +16.17 Directors can be removed from their position by the President, at his own | |
| +discretion, with the following confirmation of the Council. | |
| Art. 17 The General Assembly | |
| -17.1. The General Assembly is the highest authority of FIDE and exercises the | |
| -powers listed below. | |
| +17.1. The General Assembly is the highest authority of FIDE and exercises the powers | |
| +listed below. | |
| 17.2 The General Assembly: | |
| a) approves and modifies the FIDE Charter, with a majority of two third of | |
| valid votes of those Members Federations present, without considering | |
| abstentions; | |
| -b) approves and modifies By laws, Ethics and Disciplinary Code, Electoral | |
| -Rules, Financial Rules, Rules on Laws of Chess, Zonal Council Rules and | |
| -Rules on Non-elected Commissions, by simple majority; | |
| +b) approves and modifies By-laws, Ethics and Disciplinary Code, Electoral | |
| +Rules, Financial Rules, Rules on Laws of Chess and Zonal Council Rules, | |
| +by simple majority; | |
| c) decides on the admission of new Member Federations and Affiliated | |
| -Organisations and on their temporary suspension and permanent | |
| -expulsion; | |
| +Organisations and on their temporary suspension and permanent expulsion; | |
| d) elects the President and the Deputy President, on a joint ticket; | |
| -e) elects 3 Vice Presidents, the Chairman of the Verification Commission, | |
| -the members of the Verification Commission, the Chairman of the | |
| +e) elects 4 Vice Presidents, the Chairman of the Verification Commission, the | |
| +members of the Verification Commission, the Chairman of the | |
| Constitutional Commission, the members of the Constitutional | |
| -Commission, the Chairman of the Ethics and Disciplinary Commission | |
| -and the members of the Ethics and Disciplinary Commission; | |
| -f) elects the Treasurer, the Secretary General and 3 Vice Presidents by | |
| -confirming or not the nominations proposed by the elected President, | |
| -whose proposals will be formulated guaranteeing gender and FIDE | |
| -Continents balance, in accordance with the Electoral Rules; | |
| +Commission, the Chairman of the Ethics and Disciplinary Commission and | |
| +the members of the Ethics and Disciplinary Commission; | |
| +f) elects the Treasurer, the Secretary of the Council and 3 Vice Presidents by | |
| +confirming or not the nominations proposed by the elected President, in | |
| +accordance with the Electoral Rules; | |
| g) decides on motions of no confidence raised against the President, another | |
| member of the Council or the entire Council, with a majority of two thirds | |
| of valid votes, without considering abstentions. Motions of no confidence | |
| - | |
| -can be debated following a proposal supported by a minimum of 40 | |
| -Member Federations or 7 members of the Council; | |
| +can be debated following a proposal supported by a minimum of 40 Member | |
| +Federations or 7 members of the Council. If the motion is approved, the | |
| +President and/or the other members of the Council must resign; | |
| h) expresses general guidelines on FIDE activities; | |
| -i) approves the FIDE budget; | |
| +i) approves the FIDE budget and Treasurer’s report; | |
| j) approves the reports of the Verification Commission and of the | |
| Constitutional Commission; | |
| k) awards hosting of Chess Olympiads; | |
| -l) is the internal appellate organ for all decisions taken by the Council and | |
| -the President. | |
| -The General Assembly is composed of: | |
| -a) the representatives of the Member Federations (who can be assisted by | |
| -one counsellor. The counsellors have no right to speak); | |
| +l) is the internal appellate organ for all decisions taken by the Council and the | |
| +President. | |
| +19 | |
| + | |
| + +17.3. The General Assembly is composed of: | |
| +a) the representatives of the Member Federations (who can be assisted by one | |
| +counsellor. The counsellors have no right to speak); | |
| b) the representatives of the Affiliated Organisations; | |
| c) the Honourable Dignitaries; | |
| d) the members of the Zonal Council; | |
| e) the Chairmen of the Commissions; | |
| -f) the current FIDE World Champion and Women`s World Champion. | |
| -Each Member Federation represented in the General Assembly has one vote. | |
| -The other participants in the General Assembly have a consultative voice only. | |
| -Each Member Federation shall be represented at the General Assembly by its | |
| +f) the current FIDE World Champion and Women`s World Champion; | |
| +g) other persons can be invited to participate in the meetings of the General | |
| +Assembly, in accordance with its internal rules. | |
| +17.4 Each Member Federation represented in the General Assembly has one vote. The | |
| +other participants in the General Assembly have a consultative voice only. | |
| +17.5 Each Member Federation shall be represented at the General Assembly by its | |
| president or delegate, in accordance with Electoral Rules and General Assembly | |
| internal rules. | |
| -Presidents and delegates, on the date of the meeting of the General Assembly, | |
| -must belong to the Member Federation that they represent, to which they must | |
| -have been affiliated for at least two years and must be elected or appointed by | |
| -the appropriate body of that Member Federation. | |
| -The Ordinary General Assembly shall be held every year. It is convened by the | |
| -President. | |
| -The Council may convene an Extraordinary General Assembly at any time. | |
| -The Council shall convene an Extraordinary General Assembly if a minimum of | |
| -65 Member Federations makes such a request in writing. The request shall | |
| -specify the items for the agenda. In this case the Extraordinary General | |
| -Assembly shall be held within four months of receipt of the request. | |
| -Invitations for the General Assembly shall be notified, in writing, to registered | |
| +17.6 Presidents and delegates may only represent one Member Federation at a time and | |
| +must, on the date of the meeting of the General Assembly, have either: | |
| +- a citizenship or at least two years’ residency of the country or territory they | |
| +represent, or | |
| +- at least one year experience as an office holder of this Member Federation. | |
| +They must also be elected or appointed by the appropriate body of that Member | |
| +Federation. | |
| +17.7 The Ordinary General Assembly is convened by the President. As a rule, it shall | |
| +be held every year. Every postponement will be approved by the Council. | |
| +17.8 The President and the Council may convene an Extraordinary General Assembly | |
| +at any time. | |
| +17.9 The Council shall convene an Extraordinary General Assembly if a minimum of | |
| +65 Member Federations makes such a request in writing. The request shall specify | |
| +the items for the agenda. In this case the Extraordinary General Assembly shall | |
| +be held within four months of receipt of the request. | |
| +17.10 Invitations for the General Assembly shall be notified, in writing, to registered | |
| email addresses, at the latest three months prior to the opening date for an | |
| Ordinary General Assembly or two months prior to the opening date for an | |
| -Extraordinary General Assembly. The Secretariat shall send the participants the | |
| -complete agenda and the relevant documents, at the latest one month before the | |
| -General Assembly. The agenda may not be altered after this deadline. No other | |
| -item, not included in the agenda, may be discussed by the General Assembly, | |
| -except in an emergency situation, which must be established by evidence, with | |
| -the approval by a two thirds majority vote of those present. | |
| -Motions of no confidence shall not be discussed by the General Assembly if not included in | |
| -the agenda, regardless of any emergency situation. | |
| -Proposals from Member Federations or Affiliated Organisations, about items to | |
| +Extraordinary General Assembly. The FIDE Offices shall send the participants | |
| +the complete agenda and the relevant documents, at the latest one month before | |
| +the General Assembly. The agenda may not be altered after this deadline. No | |
| +other item, not included in the agenda, may be discussed by the General | |
| +Assembly, except in an emergency situation, which must be established by | |
| +evidence, with the approval by a two thirds majority vote of those present. | |
| +Motions of no confidence shall not be discussed by the General Assembly if not | |
| +included in the agenda, regardless of any emergency situation. | |
| +17.11 Proposals from Member Federations or Affiliated Organisations, about items to | |
| +20 | |
| + | |
| + be included in the agenda of the Ordinary General Assembly, should reach the | |
| -Secretariat not later than two months before the opening date of the General | |
| +FIDE Offices not later than two months before the opening date of the General | |
| Assembly, together with the reasons for them. Proposals submitted within this | |
| time limit must be included in the agenda. | |
| -The sessions of the General Assembly are public, unless it is decided otherwise | |
| +17.12 The sessions of the General Assembly are public, unless it is decided otherwise | |
| by simple majority vote. | |
| -FIDE President chairs the General Assembly, except in case of elections. | |
| -In meetings of the General Assembly, the quorum shall be 50% of the voting | |
| -participants. This shall be established by a roll call at the beginning of the | |
| +17.13 The FIDE President chairs the General Assembly. | |
| +17.14 In meetings of the General Assembly, the quorum shall be 50% of the present | |
| +voting participants. This shall be established by a roll call at the beginning of the | |
| meeting and no further roll calls are needed to establish a quorum unless | |
| requested by a motion supported by at least 5 Member Federations. | |
| -Votes on elections for the President and the members of the Council must be | |
| -made by secret ballot. The elections for Zonal Presidents and for elected | |
| -Commissions shall be made by secret ballot, except when there are no more | |
| -candidates than positions to be filled. A secret ballot is held for the award for | |
| -hosting the Olympiad and for decisions on motions of no confidence. All other | |
| -decisions will be taken by open vote: in this case, in the event of a tie in voting, | |
| -the FIDE President –who usually has no right to vote- decides. A proposal or a | |
| -decision which raises no objection is accepted unanimously as a decision of the | |
| -General Assembly. General applause is also regarded as acceptance of a | |
| -decision. If there is an objection, then a decision is made by vote. Electronic roll | |
| -calls and voting are possible, if available, in accordance with Electoral | |
| -Regulations. | |
| -Decisions made by the General Assembly will come into effect on the last day | |
| -of the General Assembly, after the General Assembly is closed, except if | |
| -otherwise decided. | |
| - | |
| +17.15 Votes on elections for the President and the members of the Council must be made | |
| +by secret ballot. The elections for Zonal Presidents and for elected Commissions | |
| +shall be made by secret ballot, except when there are no more candidates than | |
| +positions to be filled. A secret ballot is held for the award for hosting the | |
| +Olympiad and for decisions on motions of no confidence. All other decisions will | |
| +be taken by open vote: in this case, in the event of a tie in voting, the FIDE | |
| +President –who usually has no right to vote- decides. A proposal or a decision | |
| +which raises no objection is accepted unanimously as a decision of the General | |
| +Assembly. General applause is also regarded as acceptance of a decision. If there | |
| +is an objection, then a decision is made by vote. Electronic roll calls and voting | |
| +are possible, if available, in accordance with Electoral Regulations. | |
| +17.16 Decisions made by the General Assembly will come into effect on the last day of | |
| +the General Assembly, after the General Assembly is closed, except if otherwise | |
| +decided. | |
| Art. 18 The President | |
| 18.1 The President represents FIDE officially. | |
| 18.2 The President shall aim to foster a positive image of FIDE and to ensure that | |
| -FIDE’s mission, strategic direction, policies and values, as defined by the | |
| -General Assembly and by the Council, are protected and advanced. | |
| +FIDE’s mission, strategic direction, policies and values, as defined by the General | |
| +Assembly and by the Council, are protected and advanced. | |
| 18.3 The President shall seek to maintain and develop good relations between and | |
| -among FIDE, Member Federations, Affiliated Members, International Olympic | |
| +among FIDE Member Federations, Affiliated Members, International Olympic | |
| Committee, other International Sports Federations, political bodies and | |
| international organisations. | |
| -18.4 The President is the only one who can sign documents and contracts and | |
| -assume obligations for FIDE. However, he can delegate other members of the | |
| -Council or of the Management Board to sign on his behalf, especially regarding | |
| -everyday minor contracts and obligations. The President can also delegate other | |
| -specific tasks to the Deputy President or to other members of the Council or of | |
| -the Management Board. | |
| -The President chairs the meetings of the General Assembly –except in case of | |
| -elections- and of the Zonal Council, without voting rights. | |
| -The President presents an annual report to the General Assembly. | |
| -The President presides over meetings of the Council, he shall have one vote in | |
| +18.4 The President is the only one who can sign documents and contracts and assume | |
| +obligations for FIDE. However, he can delegate other members of the Council or | |
| +of the Management Board to sign on his behalf, especially regarding everyday | |
| +payments, minor contracts and obligations, in accordance with Management | |
| +Board internal rules. The President can also delegate other specific tasks to the | |
| +Deputy President, to the Treasurer, or to other members of the Council or of the | |
| +Management Board. | |
| +21 | |
| + | |
| + +18.5 The President chairs the meetings of the General Assembly –except in case of | |
| +Presidential elections, when the electoral phase of the meeting is chaired in | |
| +accordance with Electoral Rules- and of the Zonal Council, without voting rights. | |
| +18.6 The President presents an annual report to the General Assembly. | |
| +18.7 The President presides over meetings of the Council, he shall have one vote in | |
| the Council. In the event of a tie in voting, the President decides. | |
| -The President presides over meetings of the Management Board, that takes | |
| -decisions by consensus. If there is no consensus, the President’s vote shall be | |
| -deciding. | |
| -In accordance with the Internal rules of the Council and with the Financial | |
| -Rules, the contracts signed by the President and the decisions taken by the | |
| -President or by the Management Board shall be subject, in some cases, to prior | |
| -approval or subsequent ratification by the Council or just communicated to the | |
| -Council. When approval or ratification is requested, it may not be denied by the | |
| -Council without due reasons and evidence confirming either lack of good faith | |
| -or FIDE benefit. | |
| -The President hires and dismisses FIDE employees, appoints Directors and | |
| -terminates their powers, and appoints other officials in the manner prescribed | |
| -by the Charter. | |
| -President’s decisions are immediately applicable and mandatory, they may be | |
| -appealed to the Council –when established by the Internal Rules of the Counciland to General Assembly. Decisions about FIDE office bearers (16.16) | |
| -appealed directly to General Assembly | |
| -A person cannot serve as FIDE President for more than two terms. | |
| - | |
| +18,8 The President presides over meetings of the Management Board. Decisions of the | |
| +Management Board should be taken by consensus. If there is no consensus, the | |
| +President’s vote shall be deciding. | |
| +18.9 In accordance with the Internal rules of the Council and with the Financial Rules, | |
| +the contracts signed by the President and the decisions taken by the President or | |
| +by the Management Board shall be subject, in some cases, to prior approval or | |
| +subsequent ratification by the Council or just communicated to the Council. | |
| +When approval or ratification is requested, it may not be denied by the Council | |
| +without due reasons and evidence confirming either lack of good faith or FIDE | |
| +benefit. | |
| +18.10 The President decides the structure and the composition of FIDE Offices, hires | |
| +and dismisses FIDE employees, appoints Directors and terminates their powers, | |
| +appoints other officials in the manner prescribed by the Charter. | |
| +18.11 The President’s decisions are immediately applicable and mandatory, they may | |
| +be appealed to the Council –when established by the Internal Rules of the | |
| +Council- and to the General Assembly. | |
| +18.12 A person cannot serve as FIDE President for more than two terms of four years. | |
| +Terms may be consecutive or non-consecutive. | |
| Art. 19 The Deputy President | |
| -19.1 The Deputy President is the principal assistant of the President and shall | |
| -perform any function the President may assign to him or her. | |
| +19.1 The Deputy President is the principal assistant of the President and shall perform | |
| +any function the President may assign to him or her. | |
| 19.2 If the President is temporarily prevented from performing official functions, the | |
| Deputy President shall assume the powers and responsibilities of the President. | |
| 19.3 If the President is permanently incapacitated or has been temporarily substituted | |
| -for a period longer than 6 months, the Council must convene new elections in | |
| -the General Assembly that has to be organised in the year of next Chess | |
| -Olympiad, and the mandate of all members of the Council is concluded after | |
| -them. | |
| +for a period longer than 6 months, the Council must convene new elections in the | |
| +General Assembly that has to be organised in the year of next Chess Olympiad, | |
| +and the mandate of all members of the Council is concluded after them. | |
| Art. 20 The Council | |
| -20.1 The Council is the strategic and oversight body and exercises the powers listed | |
| -below. | |
| +20.1 The Council is the strategic and oversight body of FIDE, it has executive and | |
| +legislative functions and exercises the powers listed below. | |
| 20.2 The Council: | |
| -a) approves and modifies, by a two third majority of votes, Procedural Rules | |
| -16 | |
| +a) approves and modifies, by a two-thirds majority of votes, Procedural Rules | |
| +of the Ethics and Disciplinary Commission, of the Fair Play Commission | |
| +and of the Arbiters’ Disciplinary Committee; | |
| +b) approves and modifies, by a two-thirds majority of votes, Regulations | |
| +22 | |
| 20.3. | |
| @@ -691,66 +688,72 @@ | |
| 20.5 | |
| 20.6 | |
| + | |
| 20.7 | |
| 20.8 | |
| -20.9 | |
| - | |
| -of the Ethics and Disciplinary Commission, of the Fair Play Commission | |
| -and of the Arbiters’ Disciplinary Committee, based on drafts prepared and | |
| -submitted by the competent Commissions; | |
| -b) approves and modifies, by a two third majority of votes, Regulations | |
| -concerning general rules about tournaments, titles and ratings, based on | |
| -drafts usually prepared and submitted by the competent Commissions; | |
| -c) approves and modifies other Regulations and Recommendations, based on | |
| -drafts usually prepared and submitted by the competent Commissions; | |
| +concerning general rules about tournaments, titles and ratings; | |
| +c) approves and modifies other Regulations and Recommendations; | |
| d) defines FIDE’s mission, strategic direction and policies, in particular with | |
| -regard to the organisation and development of chess at worldwide level | |
| -and all related matters; | |
| -e) approves the draft of the FIDE budget; | |
| -f) in accordance with its Internal rules, in some specific cases approves, | |
| +regard to the organisation and development of chess at worldwide level and | |
| +all related matters; | |
| +e) approves the draft of the FIDE budget and can propose amendments; | |
| +f) in accordance with its Internal rules, approves President’s proposals about | |
| +the composition of the Management Board; | |
| +g) in accordance with its Internal rules, approves or ratifies all FIDE contracts | |
| +worth more than 150.000,00 euros; | |
| +h) in accordance with its Internal rules, in some other specific cases approves, | |
| ratifies or is just informed about the decisions taken by the President and | |
| the Management Board; | |
| -g) supervises the activities of non-elected Commissions, which must submit | |
| -to the Council their reports, twice per year. | |
| +i) supervises the activities of non-elected Commissions, which must submit to | |
| +the Council their reports, twice per year. | |
| +j) resolves on all matters not otherwise and explicitly reserved to another body | |
| +by this Charter | |
| The Council is composed of: | |
| a) the President; | |
| b) the Deputy President; | |
| c) the Treasurer; | |
| -d) the General Secretary; | |
| -e) 6 Vice Presidents; | |
| +d) the Secretary of the Council; | |
| +e) 7 Vice Presidents; | |
| f) the 4 Presidents of FIDE Continents. | |
| -The Council shall invite current FIDE World Champion and Women`s World | |
| +The Council may invite current FIDE World Champion and Women`s World | |
| Champion to its meetings with the right to an advisory vote, in accordance with | |
| its Internal rules. | |
| During their term of office, members of the Council who, in addition, represent | |
| -their Member Federation in the General Assembly, cannot sit in the bench of | |
| -the Council during the meetings of the General Assembly and must clearly | |
| -distinguish their two different functions. | |
| +their Member Federation and/or their Continent or Zone in the General | |
| +Assembly, must clearly distinguish their different functions when they express | |
| +their opinions during the meetings and must always be guided by the best general | |
| +interest of FIDE. Fiduciary duties to FIDE by members of the Council include | |
| +the duty of care and the duty of loyalty. | |
| No more than one representative from the same Member Federation may serve | |
| -on the Council simultaneously. | |
| -The Council, if not otherwise provided, takes its decisions by simple majority. | |
| +on the Council simultaneously. This rule does not apply for Presidents of FIDE | |
| +Continents. | |
| +The Council, if not otherwise provided, makes its decisions by simple majority. | |
| The quorum shall be 50 % of the voting members. These quorum requirements | |
| apply also to absentee voting. If Charter requires a two-thirds majority, the said | |
| majority shall be calculated from the quorum specified in this paragraph. | |
| The Council should meet at least once every four months. In addition, the | |
| President may at any time convene the Council for consultation in person or tele | |
| +23 | |
| + | |
| + or online conference. | |
| -The agenda of the meetings, as well as the relevant documents, shall reach | |
| +20.9 The agenda of the meetings, as well as the relevant documents, shall reach | |
| members at least one week before the meeting. Any other item may be excluded | |
| -17 | |
| - | |
| - from discussion. Commissions’ reports must be received two weeks before the | |
| meetings, twice per year. The final minutes shall be distributed to members of | |
| the Council no later than one month after a meeting is closed. FIDE will publish | |
| the agenda and decisions on the FIDE web site, together with Commissions’ | |
| reports. | |
| -20.10 The Auditor and the Chairman of the Constitutional Commission shall be | |
| -invited to the Council meetings to assist the Council, in their respective | |
| -competences, giving advisory opinions. They will also have the duty to report to | |
| -their Commissions on alleged violations of the existing regulations, if any. | |
| +20.10 The Chairman of the Verification Commission and the Chairman of the | |
| +Constitutional Commission shall be invited to the Council meetings to assist the | |
| +Council, in their respective competences, giving advisory opinions. They will | |
| +also have the duty to report to their Commissions on alleged violations of the | |
| +existing regulations, if any. | |
| +20.11 The members of the Council will not receive any fees for their participation in | |
| +the meetings and for their voluntary activities for FIDE, they will just be | |
| +reimbursed of their expenses. | |
| Art. 21 The Treasurer | |
| 21.1 The Treasurer is responsible for the financial resources of FIDE, for the good | |
| financial standing of FIDE, to safeguard FIDE’s finances, acting always in | |
| @@ -759,49 +762,46 @@ | |
| participation in FIDE’s competitions or tournaments, contributions for services | |
| rendered or rights granted by FIDE to members or to third parties, sponsorships, | |
| charitable donations and other contributions. | |
| -21.3 In strict co-operation with the Management Board and with designated staff | |
| -competent on financial matters, the Treasurer ensures that appropriate financial | |
| -systems and controls are in place, that record-keeping and accounts meet the | |
| -conditions of Financial Rules and relevant national and international legislation, | |
| -oversees budgets, accounts and financial statements. | |
| -21.4 The Treasurer reports to the General Assembly on the status of FIDE's finances | |
| -and on the budget, acts as a reference point for the President and for the | |
| -Council, clarifying financial implications of proposals, to ensure checks and | |
| -balances. | |
| -Art. 22 The General Secretary, the Vice Presidents and the representatives of FIDE | |
| -Continents | |
| -22.1 The General Secretary aids the President in the accomplishment of his tasks. | |
| -22.2 The General Secretary is responsible for contacts with FIDE members, for the | |
| -maintenance of FIDE Calendar, for the organisation of the meetings of the | |
| -General Assembly and of the Council, including the recording of minutes. | |
| -22.3 Vice Presidents, following a proposal of the President, confirmed by the | |
| -Council, are in charge of specific tasks, mainly related to the supervision of | |
| -Non-Elected Commissions, regularly liaising with their Chairmen, analysing | |
| -and presenting their reports and proposals to the Council. | |
| -22.4 The representatives of FIDE Continents are especially in charge to liaise with | |
| -Continents and Zones, updating the Council about their activities and initiatives. | |
| +21.3 In strict co-operation with the Council, the Management Board and with | |
| +designated staff competent on financial matters, the Treasurer ensures that | |
| +appropriate financial systems and controls are in place, that record-keeping and | |
| +accounts meet the conditions of Financial Rules and relevant national and | |
| +international legislation, oversees budgets, accounts and financial statements. | |
| +The Treasurer co-operates with the Verification Commission and can be invited | |
| +to participate in their meetings. The Treasurer can be delegated by the President | |
| +to sign contracts and make payments. | |
| +21.4 The Treasurer reports to the General Assembly and to the Council on the status | |
| +of FIDE's finances and on the budget, acts as an advisor on financial matters for | |
| +the President and for the Council, clarifying financial implications of proposals, | |
| +to ensure checks and balances. | |
| +Art. 22 The Secretary of the Council, the Vice Presidents and the Continental Presidents | |
| +22.1 The Secretary of the Council aids the President and the Council in the | |
| +accomplishment of their tasks. | |
| +22.2 The Secretary of the Council is responsible for the contacts with the Management | |
| +Board, co-operating with the Management Board in the maintenance of the FIDE | |
| +24 | |
| + | |
| + +Calendar, in the organisation of the meetings both of the Council and of the | |
| +General Assembly, and in the recording of the minutes. | |
| +22.3 The Vice President who received most votes in the election chair the Council, in | |
| +case of absence of the President and of the Deputy President. | |
| +22.4 The Vice Presidents, following a proposal of the President, confirmed by the | |
| +Council, are in charge of specific tasks, mainly related to the supervision of NonElected Commissions, regularly liaising with their Chairmen, analysing and | |
| +presenting their reports and proposals to the Council. | |
| +22.5 The Continental Presidents liaise with Continents and Zones, updating the | |
| +Council about their activities and initiatives. | |
| Art. 23 The Management Board | |
| 23.1 The Management Board is the executive, operational and administrative body | |
| that assists the President in the day-to-day management of FIDE activities and | |
| -18 | |
| - | |
| - -23.2 | |
| - | |
| -23.3 | |
| -23.4 | |
| - | |
| -23.5 | |
| -23.6 | |
| - | |
| implements specific mandates given by the President and the Council. | |
| -The Management Board is composed of: | |
| +23.2 The Management Board is composed of: | |
| a) the President; | |
| -b) the Executive Director; | |
| -c) other FIDE officials or employees, as decided by the President. | |
| -The Executive Director, other Directors and members of the Management | |
| -Board are appointed by the President. The Council confirms their appointment. | |
| -The Management Board: | |
| +b) a minimum two other members of the Council; | |
| +c) other FIDE officials, directors or employees. | |
| +23.3 The composition of the Management Board and the appointment of its members | |
| +are approved by the Council, following President’s proposals. | |
| +23.4 The Management Board: | |
| a) manages ordinary activities and resources; | |
| b) coordinates current activities of officials, Commission, offices and | |
| employees; | |
| @@ -814,145 +814,158 @@ | |
| f) supervises implementation of the budget, determines reasons for | |
| overspending and for any other deviation from approved estimates; | |
| g) resolves labour conflicts; | |
| -h) approve contracts according with Internal Rules. | |
| -The President and the Management Board can appoint experts and advisors to | |
| +h) approve contracts in accordance with Internal Rules. | |
| +23.5 The President and the Management Board can appoint experts and advisors to | |
| advise and assist them in fulfilling their duties. | |
| -Management Board’s decisions may be appealed to the General Assembly. | |
| - | |
| -Art. 24 The Secretariat | |
| -24.1 The Secretariat is composed of the General Secretary, the Executive Director, | |
| -the other Directors -following a decision of the President- and the employees. | |
| -24.2 The Secretariat deals with the administration of the organisation. | |
| -24.3 The Secretariat receives and sends all communications from and to FIDE | |
| -members, receives all bids for events and all complaints and reports. | |
| +23.6 Management Board’s decisions may be appealed to the Council and to the | |
| +General Assembly. | |
| +Art. 24 FIDE Offices | |
| +24.1 FIDE Offices are organised in accordance with the President’s directives. | |
| +24.3 FIDE Offices receive and send all communications from and to FIDE members, | |
| +25 | |
| + | |
| + +receive all bids for events and all complaints and reports. | |
| Art. 25 The Verification Commission | |
| -25.1 The Verification Commission is composed of the Chairman and two members. | |
| +25.1 The Verification Commission is composed of the Chairman and four members, | |
| +one of them will act as Deputy-Chairman, chosen in accordance with the | |
| +Verification Commission Internal Rules. | |
| 25.2 The Chairman and the other members of the Verification Commissions are | |
| -elected by the General Assembly among candidates having sufficient | |
| -background and expertise on finances and accounting or in FIDE administration | |
| -(at least 3 years of experience as auditor in public or private institutions, | |
| -including sport associations, or as accountant or similar professional | |
| -experiences, or scholar or professor on financial subject matters, or at least 10 | |
| -years of experience as FIDE office bearer or Member Federation office bearer). | |
| -They may not belong to the same Member Federation. | |
| +elected by the General Assembly among candidates having sufficient background | |
| +and expertise on finances and accounting or in FIDE administration (at least 4 | |
| +years of experience as auditor in public or private institutions, including sport | |
| +associations, or as accountant or similar professional experiences, or scholar or | |
| +professor on financial subject matters or business financial management, or at | |
| +least 6 years of experience as FIDE office bearer or Member Federation office | |
| +bearer). They may not belong to the same Member Federation. | |
| 25.3 The Verification Commission is authorised to examine the FIDE ledgers and to | |
| -19 | |
| - | |
| - -demand information pertaining to the financial management and shall have | |
| -access to all documents related to expenses and incomes. | |
| -25.4 The Verification Commission, acting in accordance with Financial Rules, | |
| -verifies the annual accounts and the financial statements prepared by the | |
| -Treasurer and the Management Board, reviews the external independent audit | |
| -reports, directly communicating with the external independent auditors when | |
| -deemed useful, and makes recommendations to the Council and the General | |
| -Assembly. | |
| -25.5 The Verification Commission shall submit an annual report to the General | |
| +all information pertaining to FIDE financial management. The Verification | |
| +Commission shall have access to all documents related to income and expenses | |
| +including, but not limited to, contracts for services provided to FIDE and other | |
| +agreements stipulated by event contracts for consulting services. | |
| +25.4 The Verification Commission shall participate in the hiring of the independent | |
| +auditors by reviewing such bids and making a recommendation of the audit firm | |
| +to management, communicate directly with the independent auditors before the | |
| +audit begins to communicate any specific concerns of the Commission for the | |
| +auditors to examine, receive the report on the financial statements and any other | |
| +recommendation letter to management or those charged with governance of | |
| +FIDE. | |
| +25.5 The Verification Commission, acting in accordance with the Financial Rules, | |
| +shall review the annual accounts, the financial statements prepared by the | |
| +Treasurer and the Management Board and the external independent audit reports, | |
| +directly communicating with the external independent auditors when necessary. | |
| +The Commission shall compare the financial results to the approved budget and | |
| +obtain management explanations for any variances. The Commission shall make | |
| +recommendations to the Council and the General Assembly regarding changes in | |
| +the Financial Rules, issues with the auditors, accounting system design and | |
| +function, the budget, and other financial management matters. | |
| +25.6 The Verification Commission shall submit an annual report to the General | |
| Assembly. | |
| Art. 26 The Ethics and Disciplinary Commission | |
| 26.1 The Ethics and Disciplinary Commission is composed of the Chairman and six | |
| -members. | |
| +members, one of them will act as Deputy-Chairman, chosen in accordance with | |
| +the Ethics and Disciplinary Commission Internal Rules. | |
| 26.2 The Chairman and three members of the Ethics and Disciplinary Commissions | |
| are elected by the General Assembly among candidates having sufficient | |
| -practical background and expertise in law and justice (at least 3 years of | |
| -experience as judge, or lawyer, or notary, or scholar or professor on legal | |
| -subject matters, or similar professional experiences). The other three members | |
| -are elected by the General Assembly among candidates having sufficient | |
| -background in the administration of FIDE or of a Member Federation (at least | |
| -10 years of experience as FIDE or Member Federation office bearer). They may | |
| -not belong to the same Member Federation and shall not be re-elected for more | |
| -than two consecutive terms. | |
| -26.3 The functioning and organisation of the Ethics and Disciplinary Commission | |
| +practical background and expertise in law and justice (at least 4 years of | |
| +experience as judge, or lawyer, or notary, or scholar or professor on legal subject | |
| +matters, or similar professional experiences). The other three members are | |
| +elected by the General Assembly among candidates having sufficient background | |
| +in the administration of FIDE or of a Member Federation (at least 6 years of | |
| +experience as FIDE or Member Federation office bearer). They may not belong | |
| +to the same Member Federation and shall not be re-elected for more than two | |
| +consecutive terms. | |
| +The functioning and organisation of the Ethics and Disciplinary Commission | |
| shall be laid down in the Ethics and Disciplinary Commission Procedural Rules. | |
| -26.4 To consider cases brought before it, the Ethics and Disciplinary Commission | |
| +To consider cases brought before it, the Ethics and Disciplinary Commission | |
| shall sit in a single-member formation –only for decisions on admissibility and | |
| -for decisions on the merit of minor cases, as defined in the Ethics and | |
| -Disciplinary Code-, in First Instance Chambers of three members, in an Appeal | |
| -Chamber of three members. The Appeal Chamber shall always include the | |
| -Chairman of the Ethics and Disciplinary Commission. When a case, judged on | |
| -the merit by a Fist Instance Chamber, is appealed in front of the Appeal | |
| -Chamber, no members of the First Instance Chamber which rendered the | |
| -judgment shall sit in the Appeal Chamber. | |
| -26.5 A single member, usually the Chairman, may declare inadmissible or strike out | |
| +for decisions on the merit of minor cases, as defined in the Ethics and Disciplinary | |
| +Code-, in First Instance Chambers of three members, in an Appeal Chamber of | |
| +three members. The Appeal Chamber shall always include the Chairman of the | |
| +Ethics and Disciplinary Commission. When a case, judged on the merit by a Fist | |
| +Instance Chamber, is appealed in front of the Appeal Chamber, no members of | |
| +the First Instance Chamber which rendered the judgment shall sit in the Appeal | |
| +Chamber. | |
| +A single member, usually the Chairman, may declare inadmissible or strike out | |
| of the Commission’s list of cases a received complaint or report, in accordance | |
| with the Ethics and Disciplinary Commission Procedural Rules. If the single | |
| member does not declare the received complaint or report inadmissible or strike | |
| it out, that member shall forward it to a First Instance Chamber or to another | |
| -single member formation, for further examination, in accordance with the | |
| -Ethics and Disciplinary Commission Procedural Rules. | |
| -20 | |
| - | |
| - -26.6 The Ethics and Disciplinary Commission shall consider and decide on any | |
| +single member formation, for further examination, in accordance with the Ethics | |
| +and Disciplinary Commission Procedural Rules. | |
| +The Ethics and Disciplinary Commission shall consider and decide on any | |
| alleged breach of FIDE Ethics and Disciplinary Code and impose a sanction or | |
| grant other measures as specified in the FIDE Ethics and Disciplinary Code, | |
| acting in accordance with the Ethics and Disciplinary Commission Procedural | |
| Rules. | |
| -26.7 The Ethics and Disciplinary Commission shall have jurisdiction over the | |
| -conduct of FIDE officials, FIDE Honourable dignitaries, electoral candidates | |
| -and FIDE employees. | |
| -26.8 The Ethics and Disciplinary Commission shall have jurisdiction over the | |
| -conduct of officials, players, players’ agents, match agents, arbiters, trainers, | |
| -organisers, representatives of chess associations, leagues and clubs, who are | |
| -associated to FIDE Member Federations or Affiliated Organisations or FIDE | |
| -Continents, or who participate in or organise FIDE events, tournaments and | |
| -congresses, except when their conduct is limited to a national sphere, as | |
| -specified in the FIDE Ethics and Disciplinary Code. | |
| -26.9 The Ethics and Disciplinary Commission shall have jurisdiction over cases | |
| -within a national sphere only if the case on which the alleged violation is based | |
| -has international implications or affects various national Member Federations of | |
| -FIDE and, in addition, it is has not been judged at national level or the | |
| -competent organs of the national chess federations judged the case failing to | |
| -prosecute infringements which would constitute a breach of FIDE Ethics and | |
| -Disciplinary Code or failing to prosecute them in compliance with the | |
| -fundamental principles of law. | |
| +The Ethics and Disciplinary Commission shall have jurisdiction over the conduct | |
| +of FIDE officials, FIDE Honourable dignitaries, electoral candidates and FIDE | |
| +employees. | |
| +The Ethics and Disciplinary Commission shall have jurisdiction over the conduct | |
| +of officials, players, players’ agents, match agents, arbiters, trainers, organisers, | |
| +representatives of chess associations, leagues and clubs, who are associated to | |
| +FIDE Member Federations or Affiliated Organisations or FIDE Continents, or | |
| +who participate in or organise FIDE events, tournaments and congresses, except | |
| +when their conduct is limited to a national sphere, as in the case of national events | |
| +not rated by FIDE. | |
| +27 | |
| + | |
| + +26.9 The Ethics and Disciplinary Commission shall have jurisdiction over cases within | |
| +a national sphere only if: | |
| +- the case on which the alleged violation is based has international implications | |
| +or affects various national Member Federations of FIDE and has not been | |
| +judged at national level through the national federation’s own ethics process; | |
| +- the national ethics process has operated in a manner that in itself is a breach of | |
| +the FIDE Ethics and Disciplinary Code or of the fundamental principles of law | |
| +and fair trial. | |
| 26.10 The Ethics and Disciplinary Commission shall also have jurisdiction over | |
| national cases that have international implications if Member Federations | |
| attribute to the Appeal Chamber of the Ethics and Disciplinary Commission an | |
| appeal competence over decisions of their corresponding national organs | |
| (national ethics commissions or other national sports justice organs). When | |
| -requested by a Member Federation, the Ethics and Disciplinary Commission | |
| -will attribute general validity in FIDE to national decisions on violations of | |
| -FIDE Ethics and Disciplinary Code, if adequately motivated and decided in | |
| -compliance with the fundamental principles of law and fair trial. | |
| +requested by a Member Federation, the Ethics and Disciplinary Commission will | |
| +attribute general validity in FIDE to national decisions on violations of FIDE | |
| +Ethics and Disciplinary Code, if adequately motivated and decided in compliance | |
| +with the fundamental principles of law and fair trial. | |
| 26.11 The Ethics and Disciplinary Commission may give an advisory opinion on the | |
| interpretation of the FIDE Ethics and Disciplinary Code and linked questions, at | |
| -the request of any FIDE organ, and shall be consulted on any proposed change | |
| -of the FIDE Ethics and Disciplinary Code. | |
| +the request of any FIDE organ, and shall be consulted on any proposed change of | |
| +the FIDE Ethics and Disciplinary Code. | |
| 26.12 There shall be a permanent, independent Fact-Finding Committee of the Ethics | |
| -and Disciplinary Commission, composed of three members, who shall not | |
| -belong to the same Member Federation nor to the same Federation of the Ethics | |
| -and Disciplinary Commission members, appointed by the Council taking into | |
| -account the recommendations of the Chairman of the Ethics and Disciplinary | |
| +and Disciplinary Commission, composed of three members, who shall not belong | |
| +to the same Member Federation nor to the same Federation of the Ethics and | |
| +Disciplinary Commission members, appointed by the Council taking into account | |
| +the recommendations of the Chairman of the Ethics and Disciplinary | |
| Commission. The members of the Fact-Finding Committee are appointed for a | |
| -21 | |
| - | |
| - period of four years and cannot be appointed for more than two consecutive | |
| terms. | |
| 26.13 There shall be a specialised standing Fair Play Fact-Finding Committee, | |
| established within the ranks of the Fair Play Commission, which will be | |
| -competent for cases concerning complaints of cheating and doping, in | |
| -accordance with the Ethics and Disciplinary Commission and Fair Play | |
| -Commission Procedural Rules. | |
| +competent for cases concerning complaints of cheating and doping, in accordance | |
| +with the Ethics and Disciplinary Commission and Fair Play Commission | |
| +Procedural Rules. | |
| 26.14 The Ethics and Disciplinary Commission may refer matters on specific cases to | |
| the Fact-Finding Committee or to the Fair Play Fact-Finding Committee, when | |
| deemed necessary, for investigations or fact-finding. | |
| Art. 27 The Constitutional Commission | |
| -27.1 The Constitutional Commission is composed of the Chairman and four | |
| -members. | |
| +27.1 The Constitutional Commission is composed of the Chairman and four members, | |
| +one of them will act as Deputy-Chairman, chosen in accordance with the | |
| +Constitutional Commission Internal Rules. | |
| +28 | |
| + | |
| + 27.2 The Chairman and two members of the Constitutional Commission are elected | |
| by the General Assembly among candidates having sufficient practical | |
| -background and expertise in law and justice (at least 3 years of experience as | |
| +background and expertise in law and justice (at least 4 years of experience as | |
| judge, or lawyer, or notary, or scholar or professor on legal subject matters, or | |
| similar professional experiences). The other two members are elected by the | |
| General Assembly among candidates having sufficient background in the | |
| -administration of FIDE or of a Member Federation (at least 10 years of | |
| -experience as FIDE or Member Federation office bearer). They may not belong | |
| -to the same Member Federation. | |
| +administration of FIDE or of a Member Federation (at least 6 years of experience | |
| +as FIDE or Member Federation office bearer). They may not belong to the same | |
| +Member Federation. | |
| 27.3 The Constitutional Commission has competence: | |
| -a) to review and to recommend proposed changes of the FIDE Charter, By | |
| -laws, Electoral Rules, Ethics and Disciplinary Code, Financial Rules and | |
| +a) to review and to recommend proposed changes of the FIDE Charter, Bylaws, Electoral Rules, Ethics and Disciplinary Code, Financial Rules and | |
| Rules on Non-elected Commissions; | |
| b) to ensure that proposed changes of FIDE Charter, Electoral Rules, Ethics | |
| and Disciplinary Code, Financial Rules and Rules on Non-elected | |
| @@ -963,78 +976,81 @@ | |
| d) to report to the Council and to the General Assembly on all violations of | |
| FIDE Charter, checking all new or updated FIDE rules and regulations, in | |
| accordance with Constitutional Commission Internal Rules; | |
| -e) to deliver mandatory advisory opinions on any dispute concerning Part II | |
| -of FIDE Charter, when does not concern FIDE elections. | |
| +e) to deliver mandatory advisory opinions on any dispute concerning Part II of | |
| +FIDE Charter, when does not concern FIDE elections. | |
| f) to deliver advisory opinions on any other interpretative question about the | |
| -FIDE Charter, By laws, Electoral Rules, Financial Rules and Rules on | |
| -Non-elected Commissions submitted by a FIDE organ. | |
| -27.4 The Constitutional Commission shall meet at least once a year. If there is a | |
| -22 | |
| - | |
| - -need, for urgent reasons, an extraordinary meeting may be called by the | |
| -Chairman of the Commission. | |
| +FIDE Charter, By-laws, Electoral Rules, Financial Rules and Rules on Nonelected Commissions submitted by a FIDE organ. | |
| +27.4 The Constitutional Commission shall meet at least once a year. If there is a need, | |
| +for urgent reasons, an extraordinary meeting may be called by the Chairman of | |
| +the Commission. | |
| 27.5 The Constitutional Commission shall submit an annual report to the General | |
| Assembly. | |
| Art. 28 The Electoral Commission | |
| 28.1 The Electoral Commission is composed of three members: the Chairman of the | |
| Verification Commission, the Chairman of the Ethics and Disciplinary | |
| -Commission and the Chairman of the Constitutional Commission. | |
| +Commission and the Chairman of the Constitutional Commission. If the | |
| +Chairman of one of these Commissions cannot compose the Electoral | |
| +Commission for any reason, the Deputy of the same Commission will take his | |
| +place. | |
| 28.2 Each FIDE Continent nominate an observer who can attend all Electoral | |
| -Commission’s meetings, except when the Electoral Commission has to decide | |
| -on cases of alleged violations of the FIDE Ethics and Disciplinary Code. The | |
| +Commission’s meetings, except when the Electoral Commission has to decide on | |
| +cases of alleged violations of the FIDE Ethics and Disciplinary Code. The | |
| observers have no right to vote, nor to participate in the discussion. They can | |
| -submit written notes, before the beginning of the first meeting concerning a | |
| -given election, regarding situations related to Member Federations and | |
| -candidates of their Continent. They can be consulted in any moment by the | |
| -Chairman of the Electoral Commission, when deemed useful. | |
| -28.2 All complaints arising from FIDE’s elections, except elections of the Chairmen | |
| -and the members of the Verification Commission, of the Ethics and | |
| -Disciplinary Commission and of the Constitutional Commission, including but | |
| -not limited to the eligibility of candidates and the conduct of elections, must be | |
| -brought before the Electoral Commission. | |
| -28.3 Any such complaint must be addressed to the Electoral Commission in writing | |
| +submit written notes, before the beginning of the first meeting concerning a given | |
| +election, regarding situations related to Member Federations and candidates of | |
| +their Continent. They can be consulted in any moment by the Chairman of the | |
| +Electoral Commission, when deemed useful. | |
| +All complaints arising from FIDE’s elections, except elections of the Chairmen | |
| +and the members of the Verification Commission, of the Ethics and Disciplinary | |
| +Commission and of the Constitutional Commission, including but not limited to | |
| +the eligibility of candidates and the conduct of elections, must be brought before | |
| +the Electoral Commission. | |
| +Any such complaint must be addressed to the Electoral Commission in writing | |
| within two weeks following the event which gives rise to the complaint. Any | |
| complaint regarding the eligibility of any candidate for the position of President | |
| or Deputy President must be addressed to the Electoral Commission in writing | |
| -within two weeks following the official announcement of the candidatures by | |
| -the Secretariat on the FIDE web site. | |
| -28.4 The Electoral Commission is also competent to decide on all complaints or | |
| -reports concerning alleged breaches of FIDE Ethics and Disciplinary Code by | |
| -candidates to elective positions, if submitted in the two months before elections. | |
| -28.5 The Electoral Commission has also the competences assigned by the Electoral | |
| +within two weeks following the official announcement of the candidatures by the | |
| +FIDE Offices on the FIDE web site. | |
| +The Electoral Commission is also competent to decide on all complaints or | |
| +reports concerning alleged breaches of the FIDE Ethics and Disciplinary Code | |
| +by candidates to elective positions, if submitted in the two months before | |
| +elections. | |
| +The Electoral Commission has also the competences assigned by the Electoral | |
| Rules. | |
| -28.6 The Chairman of the Electoral Commission shall be the Chairman of the | |
| +The Chairman of the Electoral Commission shall be the Chairman of the | |
| Constitutional Commission, except when the Electoral Commission decides on | |
| cases of alleged violations of the FIDE Ethics and Disciplinary Code, then the | |
| Chairman of the Ethics and Disciplinary Commission shall preside. | |
| -28.7 The Electoral Commission decides by majority vote. In the event of a tie, the | |
| -vote of the Chairman shall be decisive. The Electoral Commission must issue a | |
| +The Electoral Commission decides by majority vote. In the event of a tie, the vote | |
| +of the Chairman shall be decisive. The Electoral Commission must issue a | |
| reasoned decision in English in writing to the complainant, preferably within 10 | |
| days of its receipt of the complaint. | |
| -28.8 All decisions of the Electoral Commission are final and cannot be appealed to | |
| - -the General Assembly or another FIDE organ. Any decision of the Electoral | |
| -Commission taken before the election can be appealed to the Court of | |
| -Arbitration for Sport (CAS) only as of the day after the close of the General | |
| -Assembly (which day shall also be the start date of the 21-day deadline | |
| -provided for in the CAS Code or any other deadline for such appeals | |
| -subsequently enacted by the CAS). | |
| -28.9 The Electoral Commission shall verify who is entitled to vote at FIDE’s | |
| -elections, in accordance with the Electoral Rules. | |
| -28.10 Three scrutineers, elected by the General Assembly in accordance with the | |
| +All decisions of the Electoral Commission are final and cannot be appealed to the | |
| +General Assembly or another FIDE organ. Any decision of the Electoral | |
| +Commission taken before the election can be appealed to the Court of Arbitration | |
| +for Sport (CAS) only as of the day after the close of the General Assembly (which | |
| +day shall also be the start date of the 21-day deadline provided for in the CAS | |
| +Code or any other deadline for such appeals subsequently enacted by the CAS). | |
| +Negative decisions concerning the eligibility of a candidate can be immediately | |
| +appealed to the CAS. | |
| +The Electoral Commission shall verify who is entitled to vote at FIDE’s elections, | |
| +in accordance with the Electoral Rules. | |
| +Three scrutineers, elected by the General Assembly in accordance with the | |
| +30 | |
| + | |
| + Electoral Rules, will act as the Electoral Commission for the election of the | |
| Chairmen and the members of the Verification Commission, of the Ethics and | |
| Disciplinary Commission and of the Constitutional Commission. | |
| Art. 29 Non-Elected Commissions | |
| -29.1 The number, the composition and the competences of Non-Elected | |
| -Commissions are specified in the Rules on Non-Elected Commissions. | |
| -29.2 Non-Elected Commissions are supervised by the Council and coordinated by | |
| -the Management Board and can only have delegated or advisory competences. | |
| -29.3 Non-Elected Commissions shall address to the Council regular periodical | |
| -reports and proposals. | |
| -29.4 The composition and the competences of the Fair Play Commission are | |
| -specified in the Procedural Rules of the Fair Play Commission. | |
| +29.1 The number, the composition and the competences of Non-Elected Commissions | |
| +are specified in the Rules on Non-Elected Commissions. | |
| +29.2 Non-Elected Commissions are supervised by the Council and coordinated by the | |
| +Management Board and can only have delegated or advisory competences. | |
| +29.3 Non-Elected Commissions shall address to the Council regular periodic reports | |
| +and proposals. | |
| +29.4 The composition and the competences of the Fair Play Commission are specified | |
| +in the Procedural Rules of the Fair Play Commission. | |
| Art. 30 FIDE Congress | |
| 30.1 The annual Congress includes the meetings of the General Assembly, the | |
| Council, the Commissions and the Zonal Council. | |
| @@ -1044,8 +1060,8 @@ | |
| Art. 31 FIDE Continents and FIDE Zones | |
| 31.1 There shall be four FIDE Continents, namely: the African Chess Confederation | |
| (for Africa), the Asian Chess Federation (for Asia and Oceania), the | |
| -Confederation of Chess for Americas (for North, Central and South America) | |
| -and the European Chess Union (for Europe). | |
| +Confederation of Chess for Americas (for North, Central and South America) and | |
| +the European Chess Union (for Europe). | |
| 31.2 The number and composition of FIDE Zones are established by a separate | |
| regulation, taking into account geographical proximity, common historical, | |
| linguistic and cultural traits, level of chess activities, events and traditions, | |
| @@ -1053,112 +1069,116 @@ | |
| rated chess players. | |
| 31.3 FIDE Continents and FIDE Zones are established to develop chess activities in | |
| the regions and territories of their competence, strengthen ties between Member | |
| -24 | |
| - | |
| - Federations and promote mutual goals and representation. | |
| Art. 32 FIDE Continents | |
| 32.1 FIDE Continents are autonomous entities that can freely decide about their | |
| -organs and functioning. The recognition of their autonomy entails mutual | |
| -respect of the respective institutional areas of competence as set forth in this | |
| -Charter, however FIDE Continents must: | |
| +organs and functioning. The recognition of their autonomy entails mutual respect | |
| +of the respective institutional areas of competence as set forth in this Charter, | |
| +however FIDE Continents must: | |
| a) accept as their members all FIDE Member Federations of the countries | |
| included in their respective Continent; | |
| b) observe all rules, regulations and decisions of FIDE and ensure that their | |
| +31 | |
| + | |
| + +32.2 | |
| +32.3 | |
| +32.4 | |
| +32.5 | |
| + | |
| members and various bodies also comply with them, being mandatory for | |
| all FIDE Members and organs; | |
| c) ensure that their statutes and rules fully comply with FIDE rules and | |
| regulations; | |
| d) communicate a copy of their current statutes and of any change of them to | |
| -FIDE Secretariat, adding a translation into English, if written in a different | |
| +FIDE Offices, adding a translation into English, if written in a different | |
| language; | |
| e) organise every year a continental general assembly; | |
| f) remain in good standing, including in good financial standing; | |
| g) actively support FIDE in all chess activities. | |
| -32.2 FIDE Continents are responsible for the organisation of Continental | |
| +FIDE Continents are responsible for the organisation of Continental | |
| championships under the auspices of FIDE. | |
| -32.3 Each FIDE Continent has the right to elect a member of the FIDE Council, who | |
| -can be the Continental President or another person. | |
| -32.4 Presidents of FIDE Continents are FIDE officials, they can participate in the | |
| +Each FIDE Continent is represented to the FIDE Council, with its Continental | |
| +President. | |
| +Presidents of FIDE Continents are FIDE officials, they can participate in the | |
| General Assembly, without voting rights. | |
| -32.5 Appeals against decisions of the Continental Presidents or of the other bodies of | |
| -FIDE Continents shall be made to FIDE President or to another competent | |
| -FIDE organ. | |
| +Appeals against decisions of the Continental Presidents or of the other bodies of | |
| +FIDE Continents shall be made to FIDE President or to another competent FIDE | |
| +organ. | |
| + | |
| Art. 33 Zonal Presidents | |
| 33.1 The management of each Zone is assigned to a Zonal President, who has the | |
| -responsibility to co-ordinate the activities of the Member Federations in the | |
| -Zone. | |
| +responsibility to co-ordinate the activities of the Member Federations in the Zone. | |
| 33.2 Zonal Presidents are elected by Member Federations of their Zone. | |
| 33.3 The Zonal President represents the interests of FIDE within this Zone and those | |
| of the Zone within FIDE and the relevant FIDE Continent. | |
| -33.4 The Zonal President strictly liaises both with the Council and with the relevant | |
| -FIDE Continent. | |
| +33.4 The Zonal President liaises both with the Council and with the relevant FIDE | |
| +Continent. | |
| 33.5 Appeals against a decision of a Zonal President shall be made to the Zonal | |
| Council or to the General Assembly. | |
| Art. 34 Zonal Council | |
| 34.1 The Zonal Council is composed of: | |
| -25 | |
| - | |
| - a) the Presidents of FIDE Continents; | |
| b) the Zonal Presidents. | |
| 34.2 The Zonal Council is chaired by the FIDE President, without voting rights. | |
| -34.3 The main functions of the Zonal Council are specified in the Zonal Council | |
| -Rules, they include: | |
| -a) to deliver advisory opinions on FIDE financial support to FIDE | |
| -Continents and Zones; | |
| -b) to coordinate the organisation of Continental and Zonal tournaments and | |
| -events; | |
| -c) to coordinate the organisation of initiatives of common interest of | |
| -different Zones; | |
| +34.3 The main functions of the Zonal Council are specified in the Zonal Council Rules, | |
| +they include: | |
| +a) to deliver advisory opinions on FIDE financial support to FIDE Continents | |
| +and Zones; | |
| +b) to coordinate the organisation of Zonal tournaments and events; | |
| +c) to coordinate the organisation of initiatives of common interest of different | |
| +Zones; | |
| +32 | |
| + | |
| + d) to deliver advisory opinions on FIDE calendar; | |
| e) to cooperate in the development and promotion of chess activities in | |
| -Member Federations that are in need of technical, financial and chess | |
| -skills assistance. | |
| +Member Federations that are in need of technical, financial and chess skills | |
| +assistance. | |
| PART V – SETTLEMENT OF DISPUTES AND FINAL PROVISIONS | |
| Art. 35 Appeals against FIDE decisions | |
| 35.1 Except if otherwise provided in this Charter, any final decision taken by a FIDE | |
| organ may be challenged exclusively by way of appeal before the Court of | |
| Arbitration for Sport (CAS) in Lausanne, Switzerland, which will resolve the | |
| dispute in a final and binding manner in accordance with the Code of Sportsrelated Arbitration. | |
| -35.2 The decisions of the General Assembly and of the Electoral Commission, | |
| -relating to matters falling within their respective competencies, and the | |
| -decisions that conclude the proceedings in front of the Ethics and Disciplinary | |
| -Commission are final. The decisions of other FIDE organs may be challenged | |
| -by an internal appeal to the General Assembly. | |
| -35.3 An appeal before the CAS may only be brought after FIDE’s internal | |
| -procedures and remedies have been exhausted. | |
| +35.2 The decisions of the General Assembly and of the Electoral Commission, relating | |
| +to matters falling within their respective competencies, and the decisions that | |
| +conclude the proceedings in front of the Ethics and Disciplinary Commission are | |
| +final. The decisions of other FIDE organs may be challenged by an internal | |
| +appeal to the General Assembly. | |
| +35.3 An appeal before the CAS may only be brought after FIDE’s internal procedures | |
| +and remedies have been exhausted. | |
| 35.4 Only parties directly aggrieved by a decision may appeal to the CAS. | |
| 35.5 The time limit for appeal is twenty-one days from receipt by the appellant of the | |
| decision appealed against or, in the case of a decision by FIDE General | |
| -Assembly, twenty-one days from the close of the General Assembly. The timelimit for appeal against decisions of the Electoral Commission is twenty-one | |
| -days from the close of the elective General Assembly. | |
| +Assembly, twenty-one days from the close of the General Assembly. The timelimit for appeal against decisions of the Electoral Commission is twenty-one days | |
| +from the close of the elective General Assembly. | |
| 35.6 An appeal does not suspend the execution of the decision, unless the CAS so | |
| decides upon request of the appellant. | |
| 35.7 The CAS shall not take into account facts or evidence which the appellant could | |
| have submitted to an internal FIDE body by acting with reasonable diligence | |
| required under the circumstances, but failed or chose not to do so. | |
| -26 | |
| - | |
| - -35.8 The CAS shall decide the dispute according to the FIDE Charter, regulations | |
| -and rules as well as according to Swiss law. The seat of the arbitration shall be | |
| +35.8 The CAS shall decide the dispute according to the FIDE Charter, regulations and | |
| +rules as well as according to Swiss law. The seat of the arbitration shall be | |
| Lausanne (Switzerland). The language of the arbitration shall be English. The | |
| decision of the CAS shall be final and binding on the parties, subject to any | |
| -challenge to the Swiss Federal Court which may be permissible in terms of | |
| -Swiss law. | |
| +challenge to the Swiss Federal Court which may be permissible in terms of Swiss | |
| +law. | |
| 35.9 Neither CAS nor any ordinary courts shall have jurisdiction to deal with matters | |
| related to the application of a purely sporting rule, such as the Rules on Laws of | |
| -Chess, or the technical rules of a competition (e.g. FIDE Swiss Regulations, | |
| -FIDE Competition Regulations). | |
| +Chess, or the technical rules of a competition (e.g. FIDE Swiss Regulations, FIDE | |
| +Competition Regulations). | |
| +33 | |
| + | |
| + Art. 36 Other disputes | |
| 36.1 The ordinary courts in Lausanne, Switzerland, shall have exclusive jurisdiction | |
| to resolve any dispute between FIDE and third parties, including but not limited | |
| to Member Federations or any of their officials, players, organisers, arbiters, | |
| FIDE officials, candidates to any function as FIDE officials, or Affiliated | |
| -Organisations, in respect of a matter arising out of or in connection with the | |
| -FIDE Charter, Regulations and rules, or agreements between FIDE and these | |
| -persons and/or entities. | |
| +Organisations, in respect of a matter arising out of or in connection with the FIDE | |
| +Charter, Regulations and rules, or agreements between FIDE and these persons | |
| +and/or entities. | |
| 36.2 The ordinary courts in Lausanne shall apply the FIDE Charter, Regulations and | |
| rules as well as the substantive law specifically chosen by the parties to govern | |
| the merits of the dispute or, in the absence of such a choice, Swiss substantive | |
| @@ -1167,55 +1187,62 @@ | |
| 37.1 FIDE, in close collaboration with Member Federations, the International | |
| Olympic Committee and the National Olympic Committees dedicates its efforts | |
| to ensuring that in chess the spirit of ‘Fair Play’ prevails, leads the fight against | |
| -cheating and doping in sport and takes measures in order to prevent | |
| -endangering the health of competitors. | |
| +cheating and doping in sport and takes measures in order to prevent endangering | |
| +the health of competitors. | |
| 37.2 FIDE has accepted the World Anti-Doping Code and its international standards. | |
| Within FIDE the body responsible for this policy is the Medical Commission. | |
| The Medical Commission will agree, with the International bodies, on the list of | |
| -prohibited substances and methods of doping that are applicable to chess | |
| -players. The Medical Commission will be responsible for drafting Anti-Doping | |
| +prohibited substances and methods of doping that are applicable to chess players. | |
| +The Medical Commission will be responsible for drafting Anti-Doping | |
| Regulations, to be approved by the Council, and their execution. | |
| -37.3 The Fair Play Commission is responsible for drafting Anti-Cheating | |
| -Regulations, to be approved by the Council, and their execution, especially on | |
| -fighting and prevention of cheating. The Fair Play Investigatory Chamber of the | |
| -Ethics and Disciplinary Commission is competent on investigations or factfinding concerning both cheating and doping. | |
| +37.3 The Fair Play Commission is responsible for drafting Anti-Cheating Regulations, | |
| +to be approved by the Council, and their execution, especially on fighting and | |
| +prevention of cheating. The Fair Play Fact-Finding Committee of the Ethics and | |
| +Disciplinary Commission is competent on investigations or fact-finding | |
| +concerning both cheating and doping. | |
| Art. 38 Final Matters | |
| 38.1 FIDE will dissolve as soon as the number of Member Federations has been | |
| -27 | |
| - | |
| - reduced to two. Moreover, FIDE can be dissolved by a decision of the General | |
| -Assembly, if at least two-thirds of all Member Federations express themselves | |
| -in favour of dissolution. | |
| -38.2 In case of dissolution, the General Assembly shall decide how to dispose of the | |
| -FIDE assets, which are to be used for chess or for any other purpose | |
| -contributing to the general good. | |
| +Assembly, if at least two-thirds of all Member Federations express themselves in | |
| +favour of dissolution. | |
| + | |
| + | |
| +38.2 In case of dissolution, or of relocation of FIDE headquarters outside Switzerland, | |
| +the General Assembly shall decide how to dispose of the FIDE assets, which are | |
| +to be used for chess or for any other purpose contributing to the general good and | |
| +pledged to a Charity or Non-Profit Organisation located in Switzerland and tax | |
| +exempted. | |
| PART VI – INTERIM TEMPORARY PROVISIONS | |
| +34 | |
| + | |
| + Art. I Composition of the Council until 2022 | |
| I.1 | |
| Upon adoption of this Charter and for the remainder of their mandate, until | |
| elections in 2022, the current members of the Presidential Board will be deemed | |
| to be members of the Council. Honorary Vice Presidents will have no voting | |
| -rights, as they have not in the current Presidential Board. | |
| -Art. II Composition of the Zonal Council until 2022 | |
| +rights, as they have none in the current Presidential Board. Also the current World | |
| +Champion and Women`s World Champion will have no voting rights. | |
| +Art. II Composition of the General Assembly and of the Zonal Council until 2022 | |
| II.1 Upon adoption of this Charter and for the remainder of their mandate, until | |
| -elections in 2022, the current members of the Executive Board will be deemed | |
| -to be members of the Zonal Council. | |
| +elections in 2022, the current members of the Executive Board will be deemed to | |
| +be members of the Zonal Council and they will also participate in the General | |
| +Assembly, without voting rights. | |
| Art. III Extraordinary Elections | |
| -III.1 In consideration of the enlarged number of members of the Ethics and | |
| -Disciplinary Commission, immediately after the adoption of this Charter | |
| -extraordinary elections will be held to integrate its composition. | |
| -III.2 The mandate of all members of current elected Commissions will be extended | |
| -till 2 years after next Presidential election. | |
| +III.1 In view of the increased number of members of the Ethics and Disciplinary | |
| +Commission, extraordinary elections will be held immediately after the adoption | |
| +of this Charter . Requirements for candidates specified in art. 26.2. are not applied | |
| +for these elections. | |
| +III.2 The mandate of all members of current elected Commissions will be extended for | |
| +two more years after the next Presidential election. | |
| Art. IV Entry into Force | |
| -IV.1 All provisions of this Charter are in force starting from the day after its adoption | |
| -by the General Assembly. | |
| +IV.1 All provisions of this Charter become effective on March 01, 2020. | |
| Art. V Time period considered in Art. 13.2 | |
| -V.1 The period of two consecutive years or more of missing fulfilment of its | |
| -financial obligations, as a reason for the automatic suspension of a Member | |
| -Federation, must be determined not counting the period before the entry into | |
| -force of this Charter. | |
| - | |
| -28 | |
| - | |
| - +V.1 The period of two consecutive years or more of missing fulfilment of its financial | |
| +obligations, as a reason for the automatic suspension of a Member Federation, | |
| +must be determined not counting the period before the entry into force of this | |
| +Charter. | |
| + | |
| +35 | |
| + | |
| + |
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