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FIBA's Std Letter of Clearance Enforces Rights of National Teams

Discussion in 'Houston Rockets: Game Action & Roster Moves' started by heypartner, Jun 24, 2002.

  1. heypartner

    heypartner Contributing Member

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    With 3 days remaining, we have yet another scare...'eh. Below is the rules of FIBA that NBA teams are bound by regarding International Transfers of Players. Under these rules, it reads pretty clear to me that the National Team has every right to call back their players to play in FIBA sanctioned events. This is not some 11th hour demand that we screwed up.

    The National Team does not need an agreement from us to guarantee we will release Ming for the National Team. I don't know why they are asking for one other than to have it on their letterhead. All they really need is for the NBA to sign the standard FIBA Letter of Clearance that has been mentioned over and over recently. We must sign this Letter according to Michael Goldberg, Feigen, and Carroll Dawson under NBA agreements with FIBA.

    Governing the rights of national teams is all very common for the world of soccer. I don't know why guys like Marc Berman are freaking out. We *must* release him, unless the NBA previously had some special arrangement with China Basketball to not release players, which is highly doubful.

    Here are the FIBA competitions that require the NBA to release a player.

    1.1.1. <b>FIBA's main official competitions</b>
    <ol><li>The Olympic Tournaments.
    <li>The Olympic Qualifying Tournaments
    <li>The World Championship
    <li>All Continental or Zone Championships, including all qualifying tournaments and games for these championships.</ol>Here's a news clip that mentions the Asian Games by name as FIBA-sanctioned.
    http://www.inq7.net/spo/2001/jun/26/spo_1-1.htm


    I really see this request for a "written agreement" as some sort of formality.

    here is the FIBA rule that applies to International Transfer Players:

    This is pretty cut and dry like World Soccer. We must release Yao.

    To read this on your own, go to www.fiba.com and look at the Internal Regulations document that contains the Standard Letter of Clearance that we have to sign.
     
    #1 heypartner, Jun 24, 2002
    Last edited: Jun 24, 2002
  2. B-ball freak

    B-ball freak Contributing Member

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    Thank you for bringing this to light.
     
  3. NJRocket

    NJRocket Contributing Member

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    HeyP...are you saying that regardless of what "assurances" the Rox have gotten regarding Ming being available from pre-season thru the end of post-season, they would never hold up anyway?
     
  4. C-Kompii

    C-Kompii Member

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    I thought the Rockets already said earlier that there won't be any clashes with any FIBA competition till maybe 2006-7, thus through talks, both they and the Chinese thought this isn't really much of an issue.

    I think the Chinese just want the Rockets to sign a written statement, so that during the off-season, (after the initial NBA season and play-offs), they have the right to call Yao Ming back. Thus whether Yao Ming go through summer training with the Rockets, hinges on whether the Chinese wants him back during off-season.

    -G'day-
     
  5. micah1j

    micah1j Member

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    I think the CBA want assurances that Yao will not pull a Wang. Ofcourse no one over here can do this but in China they (authorities) always get their way and are not used to people not doing what they want. Maybe they want assurances the NBA/Rockets will make sure Yao is on a plane to China if they want him.
     
  6. Shawndme7

    Shawndme7 Contributing Member

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    Seems from this article that China is not that concerned about Wang's dissapearance:

    Wang Says He Has Been in L.A. Working on His Game
    Was Supposed to Return to China After NBA Season

    .c The Associated Press

    FORT WORTH, Texas (June 24) -- Speculation that Wang Zhizhi might defect to the United States is just that -- speculation, said the Dallas Mavericks backup center, who did not return China after the NBA season ended.

    Wang says he's been in Los Angeles practicing so that when he does return to the Chinese American Basketball Association, he will be a greater asset to his team.

    "I'm not defecting, and I don't plan to defect,'' Wang told the Fort Worth Star-Telegram in Monday's editions. "My main goal is to get better so I can help China to achieve the highest standing in the World Championships.

    "I really stayed here because I want to work on rebounding and defense, so I can really make an impact next season.''

    Calls by the Associated Press to Wang's agent were not returned.

    Earlier this month, Wang's whereabouts became a mystery after he missed two deadlines to return to China to prepare for the World Championship games in Indianapolis this summer.

    The CBA had written two letters ordering him to return so that he could practice with the Chinese national team.

    The Mavericks repeatedly tried to contact Wang when the season ended. The team had an agreement with the CBA that said Wang must return home once their season was over.

    In a telephone interview from Los Angeles, Wang told the newspaper that he ignored the demands because he simply wanted to stay in America and improve his game against better competition.

    "They wanted me to come back, but it was important for me to stay here to improve my basketball skills,'' Wang said through interpreter Simon Chan, who also works as his adviser.

    Wang said CBA officials were not upset with his decision to stay in America this summer. He said he did not see a need to contact the Mavericks about his whereabouts because he has "a whole bunch of coaches'' taking him through two-a-day workouts in Los Angeles.

    "I plan on being in touch with Dallas real soon,'' Wang said. "I'm doing very well here, and what I'm working on now is what the coaches what me to work on, and that's rebounding and playing defense.''

    Wang plans to join other members of the Chinese national team when they come to America in late August to prepare for the World Championships, which will be Aug. 29-Sept. 8 in Indianapolis. He also said he would be surprised if he doesn't receive a warm reception from his Chinese coaches and teammates.

    Wang said he knows when he eventually goes home, the CBA will permit him to come back and play in the NBA.

    "I still have some things I need to discuss with the CBA, but most likely I'll return to China before the NBA season starts.''

    Last week, the Mavericks made a qualifying offer of $737,000 to Wang, who is a restricted free agent. Under NBA rules, that means the Mavericks have 15 days to match any offer Wang receives up to the midlevel exception of $4.5 million.

    A 1999 second-round draft pick by the Mavericks, Wang hopes to re-sign with Dallas.

    "It really depends on the situation with the other teams, and on the money,'' he said. "Talk to Mavs owner Mark Cuban.''

    06/24/02 10:56 EDT

    Copyright 2002 The Associated Press. The information contained in the AP news report may not be published, broadcast, rewritten or otherwise distributed without the prior written authority of The Associated Press. All active hyperlinks have been inserted by AOL.

    Produced by SportsLine
     
  7. Rileydog

    Rileydog Contributing Member

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    Pulling a Wang sounds like a gruesome injury.
     
  8. heypartner

    heypartner Contributing Member

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    NJRocket,

    No...you are not following me. We got assurances that they wouldn't recall him to play in the CBA pro games, which they soooo aren't allowed to do under these very same FIBA rules. They never said they wouldn't recall him to play in National Games...never.

    The National Games do not overlap our season, except maybe some preseason in the Asian Games. And I'm confident that eventually FIBA will move those dates. Relax. Don't buy into this Marc Berman "snag" it looks like.

    I'm saying this is a standard world wide agreement governed by FIBA. This is not a 11th hour demand.

    <b>These same FIBA Rules Protects Us Too</b>

    I could post more stuff from the FIBA rules that state that the Letter of Clearance *forever* gives us rights of Ming over any other professional team. Once this Letter of Clearance is signed, the Sharks and the CBA no longer have any rights over Ming...ever. Are you confusing the CBA with the National Team??
     
  9. CriscoKidd

    CriscoKidd Member

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    good info hp. When I read what the "snag" was it didn't strike me as being that important, I mean RT and co already said they'd let him out to play for the natl team and for the olympics cuz it's so important, yadda yadda yadda.

    and now that I know it's written into FIBA, well, what exactly are they asking? That we need to sign something that says the same thing as the FIBA? Pfft, fine, whatever, fax it over, read it carefully, and sign it.

    from what they say publicly, I don't see what the big deal is. I just wish they would hurry up and say everything's go!! grr.

    One question tho: Do the Rockets have to draft him before they can sign off on FIBA? I assume they can do it beforehand.
     
  10. NJRocket

    NJRocket Contributing Member

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    wrong thread Shawndme7
     
  11. NJRocket

    NJRocket Contributing Member

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    Ok HeyP..I see what you're saying. I'm back in Camp Ming.

    This **** is getting tiresome though!
     
  12. heypartner

    heypartner Contributing Member

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    C-Kompii,

    Reread the "Procedures" in my above cut and paste from the FIBA Rules. What I'm saying is that under those rules we get rights to the player except when a game is on. Otherwise, our standard player contract requires players to be available for Summer Leagues at our teams request.

    If they want a "written agreement" to allow them to pull him back to practice (*practice*) outside of the 72 hours prep time for a game, then that is beyond the FIBA letter of clearance. If they want that, it's not that big of a deal, but I wouldn't sign it. I'd ask the Chinese to accept their FIBA rights as written, and not ask for more.

    Compare this to soccer. In soccer, players fly home for Wednesday games and back to Europe for Club games on the weekends, like almost on a weekly basis.
     
  13. micah1j

    micah1j Member

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    Posted by Rileydog
    Pulling a Wang sounds like a gruesome injury.

    It's Very gruesome!!!!! Very similiar to pulling a Zhi Zhi!


    My wife is Chinese and her mother is over here. You think she is going back to China? Hell no. I'm stuck with my mother-in-law forever!!!!
     
    #13 micah1j, Jun 24, 2002
    Last edited: Jun 24, 2002
  14. C-Kompii

    C-Kompii Member

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    Heypartner,

    Thanks for clearing it up. Since everything seems to be prettty much covered under the rules, I think the Chinese just want to have the right to pull Yao Ming back for *practice* reasons during the off-season. They seem to be asking for more, but would the Rockets agree? If thats not the case, I think we are just a little nervious right now with the draft day on the horizon, thus little things like this gets us worried.

    -G'day-
     
  15. A-Train

    A-Train Contributing Member

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    heypartner is also very knowledgable about the NBA collective barganing agreement...maybe he has an infatuation with boring, multi-page legal documents?
     
  16. heypartner

    heypartner Contributing Member

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    hehe. that's exactly what I was thinking.

    Actually, I think it is a player license transfer between two "federations." I think that means the NBA signs it, not the team. What it means is that Ming's previous league where he is "licensed" to play, releases him. When the NBA gets clearance to "license" Ming, then his previous FIBA league loses all rights to him.
     
  17. fwang

    fwang Member

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    The question is the definition of FIBA recognized regional or continent sports meet. If the definition includes East Asiann Games, Asian BastketBall Championship, East Asian BasketBall Champsionship in addition to Olympics, World Championship then Yao Ming is expected to be called back more frequently than expected. You basically are talking about him playing for one of those events every year during fall.

     
  18. NJRocket

    NJRocket Contributing Member

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    HeyP...Again, I understand what you're saying but the Rox had said that there was nothing left to do and that the rest of the negotiations were to be between the CBA and Ming. They (Goldberg) never said "yeah we just have a few pieces of minor paperwork to get signed and we will be all set". Something just doesn't seem right to me. I wish the Rox would come out with some news from the front office.
     
  19. heypartner

    heypartner Contributing Member

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    NJRocket,

    why are you scaring yourself?

    There is nothing for us to sign. I wouldn't be surprised to find that we are not allowed to sign anything with another league. They have extraodinary rights in the standard FIBA letter of clearance. And I don't even think we sign that, the league does, whereby we make a request to the NBA for the rights to license him with our draft rights. We have nothing to sign. If they want special demands outside of their FIBA rights, they have to negotiate that with Stern...imo.

    fwang,

    The point is that China has always had those rights to call players back for "<i> All Continental or Zone Championships, including all qualifying tournaments and games for these championships."</i>

    It doesn't mean Ming will play in every game any more than Kevin Garnett plays in all qualifying games, or Wang ZhiZhi. It also doesn't mean these games won't get rescheduled eventually as more China players go abroad. I'm just saying that they always had that right, so this final "written agreement" request is likely not a snag.
     
    #19 heypartner, Jun 24, 2002
    Last edited: Jun 24, 2002
  20. michecon

    michecon Contributing Member

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    Let read a little tea leaves and put this into perspective.

    I think CBA is asking more practice time than the standard FIBA 72 hour stipulation. Basketball is no soccor, you definitely need more team practice time to carry out the schemes of differenct coaches.

    Remember in the news CBA official Xin Liangchen said something like "we have some verbal agreement, we just need to put that into paper". I imagine the topic of NT practices came up when RT and CD were there in BJ. RT must have had some verbal understanding about the need of practice time in NT. Now CBA wants this in the paper, especially when they think of the Wang situation.

    I don't think Wang has the fall out with the Chinese NT, but he certainly pissed off someone in authority there. I remember Chinese NT coach said "we have some offensive scheme involving Yao and Wang, but since Wang is not with us yet, it yet to see seen how effective it will work out". Plus I think CBA is frustrated by Mavs, they must believe Mavs encouraged Wang to opt for NBA workout in stead of NT practice. Although they may agree with the benifit of training in NBA workouts, they certainly don't like the fact that they are not the ones who is calling the shots.

    It take good communication (again?), mutual trust and a little intelligence to work this situation out. For example, how many days of pre-NT game prep will the Rockets agree to let Yao go? How does Rockets put these sutble and situational details in a written agreement that can show their sincerity and satisfy CBA? All yet to be seen and they better move quickly.
     

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