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APPENDIX 2 - EXCLUDED PERSONS POLICY

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Introduction

  1. Pursuant to clause 5(F) of the ICC’s Memorandum of Association, one of the ICC’s objectives is to preserve the integrity and ethics of the sport of cricket, and to promote fair play. The purpose of this Policy is to further support this objective and the ICC’s commitment to preventing corrupt practices undermining the integrity of the sport and to preserve public confidence in the sports readiness and ability to protect the sport from such corrupt practices which it effects through the ICC Anti-Corruption Code (the “Code”). In particular, through this Policy, which forms part of the Code, the ICC seeks to protect Official Cricket (i.e. cricket sanctioned or authorized by the ICC, its National Cricket Federations and the members of those National Cricket Federations) from non-Participants who seek to threaten the integrity of the sport.
  1. Article 2.4.9 of the Code makes it an offence for a Participant to associate in a professional or sport-related capacity with an Excluded Person after having been specifically warned against such association by the ICC and/or his/her National Cricket Federation. An Excluded Person is defined in the Code as someone who has been issued with an Exclusion Order by the ICC.

Exclusion Order

(A) Investigation

  1. The ACU (acting through the ACU’s General Manager) may, at any time, conduct an investigation into the activities of any non-Participant that it reasonably believes may be a genuine threat to the integrity of the sport (for example but without limitation, where such individual is actively involved in attempting to corrupt Participants, or where he/she acts as an intermediary for someone actively involved in attempting to corrupt cricket). Such investigations may be conducted in conjunction with, and/or information obtained in such investigations may be shared with, National Cricket Federations and/or other relevant authorities (including criminal, administrative, professional and/or judicial authorities).
  1. If, following his/her investigation, the ACU’s General Manager considers (having consulted with the ICC’s General Counsel and Chairman of the ACU) that the investigation demonstrates that a non-Participant is engaging in activities that pose a genuine threat to the integrity of the sport, he/she shall send a written notice to the non-Participant (the “Notice”) of the following:

• that the ICC considers that such non-Participant represents a genuine threat to the integrity of the sport and thus intends to issue an Exclusion Order against him/her (which may be for a fixed or indefinite period);
• a link to where the ICC’s Excluded Persons Policy can be found;
• details of the alleged acts and/or omissions relied upon to support the ICC’s belief that he/she represents a genuine threat to the integrity of the sport;
• the consequences of an Exclusion Order being issued for the non-Participant;
• an invitation to the non-Participant to file a response to the allegations if he/she wishes to challenge the imposition of an Exclusion Order, which response shall include a summary of why the non-Participant challenges the allegations, save where exceptional circumstances exist, within a period of twenty-one (21) days from deemed service of the Notice (as per paragraph 5 below), for the consideration of the ICC’s General Counsel; and
• that a failure to respond within the deadline means that the non-Participant will be deemed to have accepted the imposition of an Exclusion Order of such duration as the ICC’s General Counsel may impose acting reasonably and proportionately.

  1. The Notice may be served on the non-Participant by any means of postal, digital or electronic communication to the non-Participant’s known or last known address or electronic or digital inbox (including, without limitation, e-mail, social media and messaging applications such as WhatsApp) as well as personal service and/or by oral communication by any means in which oral communication the non-Participant is provided with the contact details of the ICC’s ACU and advised that a Notice has been issued against her/him.

Note: The ICC’s ACU shall take reasonable steps to ensure that the Notice is received by the non-Participant in question. This may, depending on the particular facts and circumstances of a case, include, without limitation, requesting delivery receipts on e-mails sent, following up with contact by telephone to confirm receipt and/or sending the Notice by more than one of the possible methods of service.

5.1 For the avoidance of doubt, however, service shall be deemed to have occurred as follows:

a. In the case of personal service or oral communication of a Notice, the Notice shall be deemed to be served within 1 hour of service;
b. In the case of any form of electronic or digital service of a Notice, the Notice shall be deemed to be served within 12 hours of sending; and
c. In the case of any form of postal service, the Notice shall be deemed to be served within 72 hours of sending or upon acknowledgement of receipt whichever is sooner.

  1. If the non-Participant fails to respond within the required deadline, he/she shall be deemed to have accepted the imposition of an Exclusion Order and the ICC’s General Counsel, in consultation with the ACU’s General Manager and ACU Chairman, shall promptly issue an Exclusion Order, which shall be published on the ICC’s website, and which shall identify the non-Participant, summarise the reasons for the issuance of the Exclusion Order and specify the period for which such Exclusion Order has been imposed. Before issuing that public decision, the ICC’s General Counsel shall serve said decision on the non-Participant in accordance with the service provisions set out in paragraph 5 above.
  1. If the non-Participant provides a response to the Notice, such response will be considered by the ICC’s General Counsel, in consultation with the ACU’s General Manager and the ACU Chairman, who shall review and determine, in light of the response and the facts supporting the issuing of the Notice, whether the exclusion of the non-Participant is necessary to protect the integrity of the sport. Following such review:

7.1 in circumstances where the ICC’s General Counsel is not satisfied that the non-Participant represents a genuine threat to the integrity of the sport, he/she will so notify the non-Participant of that decision.

7.2 in circumstances where the ICC’s General Counsel is satisfied (having considered the response) that it is likely that the non-Participant represents a genuine threat to the integrity of the sport, the ICC’s General Counsel will notify the non-Participant of that fact (and the reasons for the ICC’s position) in writing as soon as possible (served in accordance with the provisions of paragraph 5 above) and will issue an Exclusion Order excluding that person from playing, coaching, officiating or otherwise participating, attending or being involved in any capacity in any Match or other kind of function, event or activity, team, franchise, competition or league that is authorised, organised, sanctioned, recognised or supported in any way by the ICC, a National Cricket Federation, or any member under the jurisdiction of a National Cricket Federation, or receive accreditation to provide media or other services at any official venue or Match to that person for such duration as he/she considers appropriate bearing in mind the facts and circumstances of the particular case (“Exclusion Order”).

  1. For the purposes of clarity, any person issued with an Exclusion Order shall, amongst other things, be excluded from having any role in a cricket team or franchise including, without limitation, being a team owner or CEO or COO (or similar), as well as being excluded from having any involvement in the organization, administration or financing of any cricket league, tournament, event or match (whether directly or indirectly through his/her employment by a company appointed to run the relevant match or event). Further, any person issued with an Exclusion Order shall be prohibited from attending any Match played as part of an ICC Event (and such prohibition will be included in the ICC’s Ticket Terms and Conditions, as they may be in force from time to time).

(B) Appeal

  1. Any non-Participant issued with an Exclusion Order shall be entitled to appeal such decision to a Judicial Commissioner. Such Exclusion Order shall remain in effect while under appeal unless the Judicial Commissioner orders otherwise.
  1. Any notice to appeal must be lodged with the ICC’s General Counsel within fourteen (14) days of service of the notice of the imposition of the Exclusion Order, setting out, in summary form, the grounds upon which the appeal is made.
  1. Upon receipt of a notice to appeal, the ICC’s General Counsel shall appoint one member of the ICC’s Code of Conduct Commission to act as the Judicial Commissioner and determine the appeal. The Judicial Commissioner shall be independent of the parties, shall have had no prior involvement in the case, and shall not (unless otherwise agreed between the parties) be from the same country as the non-Participant who is the subject of the proceedings.
  1. The appeal shall take place on the basis of written submissions alone, save where the Judicial Commissioner, in his/her absolute discretion, determines that a hearing should be convened. The procedure for the appeal, including the timetable for the exchange of written submissions, shall be at the discretion of the Judicial Commissioner save that the Judicial Commissioner shall ensure that the appellant is afforded a fair and reasonable opportunity to present evidence, address the Judicial Commissioner and present his/her case.
  1. The decision of the Judicial Commissioner shall be final and binding on all parties, and no right of appeal shall lie from the Judicial Commissioner’s decision.

(C) Review

  1. Notwithstanding a non-Participant’s right to appeal the imposition of an Exclusion Order as set out above, where an Exclusion Order is imposed on a non-Participant excluding that person from the sport indefinitely, the Excluded Person shall have the right to have the continuance of his/her Exclusion Order reviewed by a Judicial Commissioner, at his/her request. Other than in exceptional circumstances, an Excluded Person shall be entitled to apply for such a review every four (4) years.
  1. Where a review by a Judicial Commissioner is requested by an Excluded Person in accordance with paragraph 14 above, the procedure for such a review shall be at the discretion of the Judicial Commissioner appointed to consider the review by the ICC’s General Counsel (or his/her designee) save that the process shall include, at a minimum, the right for the Judicial Commissioner to dismiss the review request, on paper, where the Judicial Commissioner considers that the request for a review is based on frivolous or vexatious grounds.

(D) Public Disclosure

  1. The ICC shall maintain and keep up to date on its website (www.icc-cricket.com) (a) a copy of this Excluded Persons Policy, and (b) a list of the identities of all individuals subject to an Exclusion Order, together with their nationality and the dates that the Exclusion Order is in force for. This information will also be shared with all National Cricket Federations and may be used by the ACU in integrity education sessions and programmes. The ICC will also be entitled, at its discretion, to publicly report, in full, decisions of a Judicial Commissioner on appeals under this Policy.
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