ARTICLE 2: OFFENCES UNDER THE ANTI-CORRUPTION CODE

app-page-bg@x2 cover

The conduct described in the sub-Articles set out in Articles 2.1 – 2.4, if committed by a Participant, shall amount to an offence by such Participantunder this Anti-Corruption Code:

2.1 Corruption :

NOTE: It shall not be an offence under Article 2.1.1 to manipulate International Matches for strategic or tactical reasons (such as where a Player performs in a certain manner to enable his team to lose a pool Match in an ICC Event in order to affect the standings of other teams in that ICC Event).  Instead, such conduct is prohibited under the ICC’s Code of Conduct for Players and Player Support Personnel and must be dealt with according to the procedures set out therein.

2.1.1Fixing or contriving in any way or otherwise influencing improperly, or being a party to any agreement or effort to fix or contrive in any way or otherwise influence improperly, the result, progress, conduct or any other aspect of any International Match, including (without limitation) by deliberately underperforming therein.

2.1.2 Ensuring for Betting or other corrupt purposes the occurrence of a particular incident in an International Match.

2.1.3Seeking, accepting, offering or agreeing to accept any bribe or other Reward to: (a) fix or to contrive in any way or otherwise to influence improperly the result, progress, conduct or any other aspect of any International Match; or (b) ensure for Betting or other corrupt purposes the occurrence of a particular incident in an International Match.

2.1.4 Directly or indirectly soliciting, inducing, enticing, instructing, persuading, encouraging or intentionally facilitating any Participantto breach any of the foregoing provisions of this Article 2.1.

2.2 Betting:

2.2.1Placing, accepting, laying or otherwise entering into any Bet with any other party (whether individual, company or otherwise) in relation to the result, progress, conduct or any other aspect of any International Match.

2.2.2 Directly or indirectly soliciting, inducing, enticing, instructing, persuading, encouraging, intentionally facilitating or authorising any other party to enter into a Bet in relation to the result, progress, conduct or any other aspect of any International Match.

2.3 Misuse of Inside Information :

2.3.1 Using any Inside Informationfor Bettingpurposes in relation to any International Match.

2.3.2 Disclosing Inside Informationto any person where the Participantknew or should have known that such disclosure might lead to the information being used in relation to Betting in relation toany International Match.

NOTE: Any potential offence under this Article will be considered on its own set of facts and the particular circumstances surrounding any relevant disclosure.  For example, it may be an offence under this clause to disclose Inside Information: (a) to journalists or other members of the media; and/or (b) on social networking websites where the Participant knew or should have known that such disclosure might lead to the information being used in relation to Betting.  However, nothing in this Article is intended to prohibit any such disclosure made within a personal relationship (such as to a member of a family) where it is reasonable for the Participant to expect that such information can be disclosed in confidence and will not be subsequently used for Betting.

2.4 General: 2.3.3 Directly or indirectly soliciting, inducing, enticing, persuading, encouraging or intentionally facilitating any Participantto breach any of the foregoing provisions of this Article 2.3.

2.4.1Giving or providing to any Participantany gift, payment, hospitality or other benefit (whether of a monetary value or otherwise) either (a) for the purpose of procuring (directly or indirectly) any breach of the Anti-Corruption Code, or (b) in circumstances that could bring him/her or the sport of cricket into disrepute.

2.4.2Failing to disclose to the ACU (without unnecessary delay) the receipt of any gift, payment, hospitality or other benefit, (a) that the Participantknew or should have known was given to him/her to procure (directly or indirectly) any breach of the Anti-Corruption Code, or (b) that was made or given in circumstances that could bring the Participantor the sport of cricket into disrepute.

2.4.3Failing to disclose to the ACU (without unnecessary delay) all gifts (whether monetary or otherwise), hospitality and/or other non-contractual benefits offered to a Participant that have a value of US$750 or more, whether or not the circumstances set out in Article 2.4.2 are present, save that there shall be no obligation to disclose any (i) personal gifts, hospitality and/or other non-contractual benefits offered by or on behalf of any close friend or relative of the Participant, (ii) any food or beverage gifts or (iii) cricket hospitality gifts in connection with Matches the Participant is participating in.

 NOTE: For the purposes of any disclosures made pursuant to either Article 2.4.2 or 2.4.3 such disclosures must be made to the ACU, which shall keep a register of all such disclosures, and will share the content of such register (or any part of it) with the relevant National Cricket Federation(s) on a quarterly basis, or unless otherwise agreed.

2.4.4Failing to disclose to the ACU(without unnecessary delay) full details of any approaches or invitations received by the Participant to engage in Corrupt Conductunder the Anti-Corruption Code.

NOTE:  It is acknowledged that the fight against corruption requires prompt reporting of all such approaches and any unnecessary delay in doing so may undermine the effectiveness with which the ACU and other relevant anti-corruption bodies can protect the integrity of the sport.  It is acknowledged that the assessment of whether there had been ‘unnecessary delay’ in each case will depend on its own circumstances, but it is always unacceptable (and will therefore constitute ‘unnecessary delay’) for a Participant to wait until after the match in respect of which he/she was invited to engage in Corrupt Conduct before reporting that approach to the ACU. 

NOTE:  A Participant shall not discharge his burden under this Article unless and until the required disclosure has been made directly to the ACU by such Participant.  It is not sufficient for such disclosure to be made instead to any other third party, including any player, club or team official, or National Cricket Federation representative.

2.4.5 Failing to disclose to the ACU(without unnecessary delay) full details of any incident, fact, or matter that comes to the attention of a Participantthat may evidence Corrupt Conduct under the Anti-Corruption Codeby another Participant, including (without limitation) approaches or invitations that have been received by another Participant to engage in Corrupt Conductunder the Anti-Corruption Code.

NOTE: All Participants have a continuing obligation to report any new incident, fact, or matter that may evidence Corrupt Conduct to the ACU, even if the Participant’s prior knowledge has already been reported.  It is acknowledged that the fight against corruption requires prompt reporting of all such approaches and any unnecessary delay in doing so may undermine the effectiveness with which the ACU and other relevant anti-corruption bodies can protect the integrity of the sport.  It is acknowledged that the assessment of whether there had been ‘unnecessary delay’ in each case will depend on its own circumstances, but it is always unacceptable (and will therefore constitute ‘unnecessary delay’) for a Participant to wait until after the match in respect of which he/she was invited to engage in Corrupt Conduct before reporting that approach to the ACU.

2.4.6 Failing or refusing, without compelling justification to cooperate with any investigation carried out by the ACU in relation to possible Corrupt Conduct under the Anti-Corruption Code(by any Participant), including (without limitation) failing to provide accurately and completely any information and/or documentation requested by the ACU(whether as part of a formal Demandpursuant to Article 4.3 or otherwise) as part of such investigation.

2.4.7Obstructing or delaying any investigation that may be carried out by the ACUin relation to possible Corrupt Conduct under the Anti-Corruption Code(by any Participant), including (without limitation) concealing, tampering with or destroying any documentation or other information that may be relevant to that investigation and/or that may be evidence of or may lead to the discovery of evidence of Corrupt Conductunder the Anti-Corruption Code.

2.4.8 Failing or refusing, to cooperate with any proceedings brought against any Participant for Corrupt Conductunder the Anti-Corruption Code, including (without limitation) failing to provide a witness statement(s) in respect of information in the possession of the Participant and/or failing to attend, for the purposes of providing truthful oral evidence, any disciplinary hearing convened before an Anti-Corruption Tribunal and/or CAS under the Anti-Corruption Code, where requested by the ACU.

2.4.9 Associating in any professional or sport-related capacity in cricket with any Excluded Person, after having been specifically warned against such Association, without the prior approval of the ACU.

NOTE:  In order for Article 2.4.9 to apply, it is necessary that (a) the Participant has previously been advised in writing by the ICC and/or his/her National Cricket Federation of the Excluded Person’s disqualifying status and the potential consequences of such prohibited Association, and (b) the Participant can reasonably avoid the Association.  


For the purpose of this Article 2.4.9, ‘Associating’ or ‘Association’ shall include interacting with an Excluded Person in any manner, including, without limitation, communicating with the Excluded Person by any means (including in person, telephonically, or by digital or electronic means), physically or virtually meeting, and/or receiving direction or instruction from the Excluded Person by any means.

2.4.10Directly or indirectly soliciting, inducing, enticing, persuading, encouraging or intentionally facilitating any Participantto breach any of the foregoing provisions of this Article 2.4.

2.5 For the purposes of this Article 2:

2.5.1Any attempt by a Participant, or any agreement by a Participantwith any other person, to act in a manner that would culminate in the commission of an offence under the Anti-Corruption Code, shall be treated as if an offence had been committed, whether or not such attempt or agreement in fact resulted in such offence.

2.5.2A Participantwho authorises, causes, knowingly assists, encourages, aids, abets, covers up or is otherwise complicit in any acts or omissions of the type described in Articles 2.1 – 2.4 committed by his/her coach, trainer, manager, agent, family member, guest or other affiliate or associate shall be treated as having committed such acts or omissions him/herself and shall be liable accordingly under the Anti-Corruption Code.

2.5.3Where a Participantseeks to rely on the existence of ‘compelling justification’ to justify or excuse conduct under the Anti-Corruption Code which might otherwise amount to an offence (see Article 2.4.6), the burden shall be on that Participantto adduce sufficient credible evidence to prove, on the balance of probabilities, that genuine and powerful reasons exist (or existed) to objectively justify his/her conduct taking into account all the relevant circumstances.

2.6 The following are not relevant to the determination of an offence under the Anti-Corruption Code (although they may be relevant to the issue of the sanction to be imposed under Article 6 in the event that it is determined that an offence has been committed):

2.6.1 Whether or not the Participantwas participating or involved in any way in the specific International Match(es) in question.

2.6.2The nature or outcome of any Bet(s) on the *International Match(es)*in question.

2.6.3The outcome of the *International Match(es)*in question.

2.6.4 Whether or not the Participant’s efforts or performance (if any) in the International Match(es) in question were (or could be expected to be) affected by the acts or omissions in question.

2.6.5 Whether or not any of the results in the International Match(es) in question were (or could be expected to be) affected by the act or omissions in question.

2.7 It shall be a valid defence to a charge of:

2.7.1any offence under the Anti-Corruption Codeto prove, on the balance of probabilities, that the alleged offence was committed (and that, where applicable, it was not reported to the ACUthereafter) due to the *Participant’*s honest and reasonable belief that there was a serious threat to his/her life or safety or to the life or safety of any other person; and

2.7.2 an offence under Article 2.4.8 of the Anti-Corruption Codeif the Participantadduces sufficient credible evidence to prove, on the balance of probabilities, that genuine and powerful reasons exist (or existed) to objectively justify his/her conduct taking into account all the relevant circumstances (and for which purpose the right to invoke the privilege against self-incrimination is deemed to have been waived by each Participantand shall not be a sufficient reason).