ARTICLE 4: INVESTIGATIONS AND NOTICE OF CHARGE

4.1 Any allegation or suspicion of a breach of the Anti-Corruption Code, whatever the source, shall be referred to the ACU General Manager for investigation.

4.2The ACU may at any time conduct an investigation into the activities of any Participantthat it believes may have committed an offence under the Anti-Corruption Code. Such investigations may be conducted in conjunction with, and/or information obtained in such investigations may be shared with, National Cricket Federationsand/or other relevant authorities (including criminal, administrative, professional and/or judicial authorities). All Participantsand National Cricket Federationsmust cooperate fully with such investigations, failing which any such Participantshall be liable to be charged with a breach of the Anti-Corruption Codepursuant to Articles 2.4.6, 2.4.7, 2.4.8 and/or 2.4.9 (and it shall not be a valid basis for failing or refusing to cooperate or a valid defence to any such subsequent charge for a Participantto invoke any privilege against self-incrimination, which privilege is deemed to have been waived by the Participant). The ACU shall have discretion, where it deems appropriate, to stay its own investigation pending the outcome of investigations being conducted by other National Cricket Federations and/or other relevant authorities.

4.3As part of any investigation, the ACU General Manager may at any time (including after a Notice of Chargehas been provided to a relevant Participant) make a written demand to any Participant(a “Demand”) to provide the ACU, in writing and/or by answering questions in person at an interview and/or by allowing the ACU to take possession of and/or copy or download information from his/her Mobile Device(s) (as the ACU General Managerelects), with any information that the ACU General Manager reasonably believes may be relevant to the investigation. Such information may include (without limitation) (a) copies or access to all relevant records (such as current or historic telephone records, bank statements, Internet services records and/or other records stored on computer hard drives or other information storage equipment or any consent forms related thereto); (b) any data and/or messages and/or photographs and/or videos and/or audio files and/or documents or any other relevant material contained on his/her Mobile Device(s) (including, but not limited to, information stored through SMS, WhatsApp or any other messaging system); and/or (c) all of the facts and circumstances of which the Participantis aware with respect to the matter being investigated. Provided that any such Demand has been issued in accordance with this Article, and subject to any applicable principles of national law, the Participantshall cooperate fully with such Demand, including by furnishing such information within such reasonable period of time as may be determined by the ACU General Manager. Where such a Demandrelates to the request to take possession of and/or copy or download information contained on a Participant’s Mobile Device, then such information shall be provided immediately upon the Participant’sreceipt of the *Demand.*In all other cases, save where exceptional circumstances exist, a minimum period of fourteen days from receipt of the Demandwill be provided. Where appropriate, the Participantmay seek an extension of such deadline by providing the ACU General Managerwith cogent reasons to support an extension, provided that the decision to grant or deny such extension shall be in the discretion of the ACU General Manager, acting reasonably at all times.

4.4 Any information furnished to the ACU General Manager (whether pursuant to a specific Demandor otherwise as part of an investigation) will not be used for any purpose other than in accordance with the Anti-Corruption Codeand will be kept strictly confidential except when:

4.4.1 it becomes necessary to disclose such information in support of a charge of breach of the Anti-Corruption Codeor the anti-corruption rules of any National Cricket Federation;

4.4.2 such information is required to be disclosed by any applicable law;

4.4.3such information is already published or a matter of public record, readily acquired by an interested member of the public, or disclosed according to the rules and regulations governing the relevant International Match; and/or

4.4.4it becomes necessary (because the information gathered may also amount to or evidence infringements of other applicable laws or regulations) to disclose such information to other competent authorities (including any applicable police, taxation, fraud, criminal intelligence or other authorities), whether pursuant to formal information-sharing agreements or otherwise.

4.5All Participantsmust cooperate with the ACUin relation to any proceedings brought against any other Participantfor Corrupt Conductin breach of the Anti-Corruption Code, including (without limitation) through the provision of a witness statement(s) in respect of information in the possession of the Participantand/or attending, for the purposes of providing truthful oral evidence, any disciplinary hearing convened before an Anti-Corruption Tribunaland/or CASunder the *Anti-Corruption Code,*where requested by the *ACU,*failing which the non-cooperating Participantshall be liable to be charged with a breach of the Anti-Corruption Codepursuant to Article 2.4.8. In light of the waiver contained in Article 2.7.2, it shall not be a valid basis for failing or refusing to cooperate or a valid defence to any such subsequent charge for a Participantto invoke any privilege against self-incrimination.

4.6If, at any time, the ICC’s General Counsel(in the case of all Participantsother than Directors), or the Chairman of the ICC’s Independent Oversight Group (in the case of Directorsonly), in both cases having consulted in accordance with relevant ICC policy, determines that there is a case to answer under Article 2, then the Participantshall be sent written notice of the following, copied to the anti-corruption official or senior legal officer of the National Cricket Federationto which he/she is affiliated (or, where there are no individuals holding such positions, the CEO of the National Cricket Federation) (the “Notice of Charge”):

4.6.1that the Participanthas a case to answer under Article 2;

4.6.2 the specific offence(s) that the Participantis alleged to have committed;

4.6.3 details of the alleged acts and/or omissions relied upon in support of the charge;

4.6.4 the range of sanctions applicable under the Anti-Corruption Code if the charge is admitted or upheld;

4.6.5 (where applicable) the matters relating to Provisional Suspensionspecified at Article 4.7; and

4.6.6that if the Participantwishes to exercise his/her right to a hearing before the Anti-Corruption Tribunal(whether to contest liability or sanction or both), he/she must submit a written request for a hearing that explains how the Participantresponds to the charge(s) and (in summary form) the basis for such response. To be effective, the request must be received by the ICC’s General Counselas soon as possible, but in any event within fourteen (14) days of the Participant'sreceipt of the Notice of Charge. A copy of any such notice will be sent by the ICCto the National Cricket Federationto which the Participantis affiliated without unnecessary delay.

4.7 Provisional Suspension:

4.7.1Where either: (a) the ICC’s General Counsel (in the case of all Participants other than Directors) or the Chairman of the ICC’s Independent Oversight Group (in the case of Directors only), in both cases having consulted in accordance with relevant ICC policy, decides to charge a Participant with an offence under the Anti-Corruption Code; or (b) the ICC’s General Counsel (in the case of all Participants other than Directors) or Chairman of the ICC’s Independent Oversight Group (in the case of Directors only), in both cases having consulted in accordance with relevant ICC policy, considers that there are other exceptional circumstances relevant to a Participant (for example, where any relevant police authority has arrested and/or charged a Participant with an offence under any relevant criminal law in respect of facts or circumstances that may also constitute an offence under the Anti-Corruption Code), he/she shall have the discretion, in circumstances where he/she considers that the integrity of the sport could otherwise be seriously undermined, to Provisionally Suspend the Participant pending the Anti-Corruption Tribunal’s determination of whether he/she has committed an offence. Any decision to Provisionally Suspend the Participant will be communicated to the Participant in writing, with a copy sent at the same time to the National Cricket Federation to which the Participant is affiliated.

4.7.2In all cases, the Participantshall be given an opportunity to contest such Provisional Suspensionin a Provisional Hearingtaking place before the Chairman of the ICC Code of Conduct Commission(sitting alone) on a timely basis after its imposition. At any such Provisional Hearing, it shall be the burden of the ICCto establish that in such circumstances, the integrity of the sport could be seriously undermined if he/she does not remain Provisionally Suspendedpending determination of the charge(s) or such other date (as may be applicable). The Provisional Hearingshall take place on the basis of written submissions alone, save where the Chairman of the ICC Code of Conduct Commission, in his absolute discretion, determines that a hearing should be convened. Any Provisional Hearingshall ensure that theParticipantis afforded a fair and reasonable opportunity to present evidence, address the Chairman, and present his/her case. Notice of any decision made at a Provisional Hearingwill be sent by the ICC to the National Cricket Federationto which the Participantis affiliated as soon as such decision has been made.

4.7.3 Where a full hearing under Article 5 has not been convened within three (3) months of the imposition of a Provisional Suspension, the Participantshall be entitled to apply (again, where applicable) to the Chairman of the ICC Code of Conduct Commission (sitting alone) to lift the imposition of the Provisional Suspension. It shall be the burden of the ICCto establish that there remains a risk that the integrity of the sport could be seriously undermined if the Provisional Suspensionwas lifted. The application shall be determined on the basis of written submissions alone, save where the Chairman of the ICC Code of Conduct Commission, in his absolute discretion, determines that a hearing should be convened. Any consideration of such an application by the Chairman of the ICC Code of Conduct Commissionshall ensure that the Participant is afforded a fair and reasonable opportunity to present evidence, address the Chairman, and present his/her case. Notice of any decision made by the Chairman of the ICC Code of Conduct Commission will be sent by the ICC to the National Cricket Federationto which the Participantis affiliated as soon as such decision has been made.

4.7.4While Provisionally Suspended, a Participantmay not play, coach or otherwise participate or be involved in any capacity in any Matchor any other kind of function, event or activity (other than authorised anti-corruption education or rehabilitation programs) 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 . National Cricket Federationsshall take all reasonable steps within their powers to give effect to this Article 4.7.4 to the extent that they have the jurisdiction, power or ability to do so.

4.7.5A Participantwho is not Provisionally Suspendedmay voluntarily Provisionally Suspendhim/herself by written notice to the ICC's General Counsel. In that case, provided that the Participantrespects that voluntary Provisional Suspensionuntil the charge(s) against him/her is/are determined, he/she shall be given credit for such voluntary Provisional Suspensionin accordance with Article 6.4. A copy of any such notice will be sent by the ICCto the National Cricket Federationto which the Participantis affiliated without unnecessary delay.

4.8 Responding to a Notice of Charge:

4.8.1 If the Participantfails to file a written request for a hearing before the Anti-Corruption Tribunalin accordance with Article 4.6.6 (or by any extended deadline that theICC’s General Counseldeems appropriate), then he/she shall be deemed to have:

4.8.1.1 waived his/her entitlement to a hearing;

4.8.1.2admitted that he/she has committed the offence(s) under the Anti-Corruption Codespecified in the Notice of Charge; and

4.8.1.3acceded to the range of applicable sanctions specified in the Notice of Charge.

In such circumstances, a hearing before the Anti-Corruption Tribunal shall not be required. Instead, the ICC’s Chief Executive Officer(in consultation with ICC’s General Counsel) shall promptly issue a public decision confirming the offence(s) under the Anti-Corruption Codespecified in the Notice of Charge and the imposition of an applicable sanction within the range specified in the Notice of Charge. Before issuing that public decision, the ICC’s Chief Executive Officerwill provide written notice of that decision to the National Cricket Federationto which the Participantis affiliated.

4.8.2 Where the Participantdoes request a hearing in accordance with Article 4.6.6, the matter shall proceed to a hearing in accordance with Article 5.