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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. JuanValdez

    JuanValdez Contributing Member

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    If I were China, I wouldn't be worried about the Rockets not letting him return to the National Team, but of them discouraging him from going. Obviously, we can't tell Yao to not go. But, we could tell him we think he needs to rest during the offseason, he'll wear his body out, etc. The Mavericks were, for a time, putting pressure on Steve Nash to not play for Canada because they were concerned about him playing too much nonstop basketball. One day, they abruptly changed course on that; I don't know why.

    Point is, I think the Chinese should be concerned with what Yao decides to do with his own self (so to speak). And, I'd want to do what I could to make sure the Rockets weren't persuading him to do something I (the Chinese) won't like. This would go above and beyond the FIBA Letter of Clearance.
     
  2. heypartner

    heypartner Contributing Member

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    michecon,

    I don't buy your take. imo, this is not a request of the Rockets. We cannot negotiate with a National Team regarding a player from a federation that is part of FIBA.

    The problem with your take is how would an agreement with the Rockets transfer via an NBA trade. Any written agreement they want regarding the National Team is not something to negotiate with the Rockets. It is between the two FIBA Federations, the NBA and the CBA.

    Think about it. Why would a National Team negotiate with a lone NBA franchise? This is not the way it works. The NBA and CBA agree to abide by FIBA rules. If they break the rules, they get sanctioned. If they want special consideration, they must negotiate that with FIBA.

    This "written agreement" is not something that involves the Rockets, in my strong opinion.
     
  3. NJRocket

    NJRocket Contributing Member

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    It seems to me though, that the CBA wants us (whether it be the Rox or the NBA as HeyP says) to guarantee that Ming makes himself available to the CBA and any competitions they need him for...they dont seem to be asking us (Rox/NBA) to allow him to be available.

    How can the NBA, the Rockets or anyone else but Yao Ming guarantee such a thing?
     
  4. michecon

    michecon Contributing Member

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    HeyP:
    With the hands-off approach NBA takes, it wouldn't suprise me if CBA wants "bird in hand" with Rockets now. Why would Chinese ask for another statement if it's all in the FIBA letter anyway? You think they never read the FIBA agreement before?
     
  5. heypartner

    heypartner Contributing Member

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    Incorrect.

    It is indeed written into the Letter of Clearance rules, as I pasted in the first post.

    That is very clear that Ming is not allowed to say no, thus our "persuading" him is not allowed.

    Since you guys are pulling **** out of your asses and tea cups, allow me:

    Maybe Wang NEVER got a letter from his National Team, because he asked them to practice in LA. Maybe the letters we hear about are the rumors, or unofficial letters from some commanding officer in the army who wants to bet on the team.

    Quit listening to Marc Bermans, Wang rumors, and poorly translated China articles. Haven't you guys learned anything in the last month. good grief. Read the FIBA rules, we cannot make written promises to China's National Team. Only FIBA can.
     
  6. heypartner

    heypartner Contributing Member

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    There is still a strong chance that we have encountered another erroneous quote from China. This has happened several times already. Correct me if I'm wrong, but we have yet to sign any agreement with the Chinese. I am now of the opinion that we are not allowed to sign anything "franchise-to-franchise" or "franchise-to-league." So, to me, the odds are that this is a misquote of sorts.

    If it is a true quote, and they are asking for a "written agreement," then to me, it is unenforceable unless FIBA signs that agreement, under the Article that I quoted in my first response to you. I agree with CriscoKidd; it sounds to me like they just want the std FIBA Letter of Clearance written on their legal paper.
     
  7. DaDakota

    DaDakota If you want to know, just ask!

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    Good post HP, let's hope that is all the CBA is asking for.....I think the deal will get done, but I am not too familiar with all the postering that the Chinese government is famous for.

    DaDakota
     
  8. michecon

    michecon Contributing Member

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    Man, I certainly hope that was a misquote. After this soccor WC, my confidence in SINA news are sapping. But this is not likely. It's a simple quote anyhow. I even would rather believe that guy never really understands FIBA agreement, some of these officialls are simply stupid enough.

    But I don't agree any agreement beside FIBA stipulation is un-enforcable.
    </quote >
    2. The player should be available </b>at least </b> for the duration of the competition or for each individual competition day, as well as for a preparation time of:
    a) 72 hours for qualifying games.
    b) 14 days for a tournament in a main official competition.

    </quote>
    It says at least. If rockets agrees to more, I don't see why it's not enforcable.

    Let just hope Rocket is having their standard statement ready by now, and that CBA guy will have enough to boast to his wife already.
     
  9. ron413

    ron413 Contributing Member

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    whatever Dallas, China, FIBA, CBA, his team and whomever else did in concern to Wang Zhi Zhi's agreement is what we do here... Just call Mark Cuban and ask him to run a copy of his initial agreement.

    This is not new ground that is being broken, even though Yao is a better player than Wang.
     
  10. heypartner

    heypartner Contributing Member

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    michecon,

    it is unenforceable if the Rockets sign it because we could trade him, and the Bulls or someone can say, "I didn't sign that." I wouldn't expect the CBA to be so naive to sign a non-transferable agreement.

    The simplest explanation is this is a misquote, or they are looking for special considerations under FIBA rules, for FIBA to sign, and this might include the NBA giving the nod. This is the only way for them to guarantee that FIBA can enforce their rights. But I'm telling you, Stern is not going outside existing regulations. We can bank on that. He has already said it.
     
  11. NJRocket

    NJRocket Contributing Member

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    This was posted by Windandsea in another thread but it applies here too...looks to me that it is pretty clear that they want something in writing. Why on earth would they want that if it was already covered by FIBA laws?


    BEIJING (Reuters) - China want written assurances that the NBA club selecting hot prospect Yao Ming at this week's draft guarantee the giant center can play for his national team, state media said Monday.


    "We hope that NBA teams selecting Chinese players can guarantee they are physically and mentally fit and have the right to serve the Chinese national team," Chinese Basketball Association Secretary Xin Lancheng told the official Xinhua news agency in an interview.

    "This guarantee must be in official written form."

    Xin's statement was the latest in a series of mixed signals from Chinese basketball authorities and Yao's representatives in the run-up to Wednesday's draft in New York, where the Houston Rockets could make him the top pick.

    It also comes amid confusion over whether Dallas Mavericks center Wang Zhizhi, the first Chinese player in the NBA, will return to play with the national team this summer or remain in Los Angeles for the NBA's summer practice league.

    Saturday, agents and representatives of the 2.23-meter Yao said they had reached a deal in principle to compensate his current club the Shanghai Sharks for his release to an NBA team.

    But a day earlier, the CBA announced Yao would miss Wednesday's draft to train with the national team for international competition lasting into October, prompting fears that his move to the United States would be protracted.

    The NBA regular season kicks off in early November.

    Houston Rockets officials and coaches visited Shanghai last week to discuss Yao's future with Sharks and CBA officials.

    Xin described meetings with the Rockets as productive but said the two sides had not reached a written agreement on Yao playing for China and had not been in contact in recent days.

    Negotiations between NBA clubs and Chinese players notoriously drag. Wang, a Chinese army officer, was picked by Dallas in the second round of the 1999 NBA draft but did not make his league debut until late in the 2000-2001 season.
     
  12. JuanValdez

    JuanValdez Contributing Member

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    Don't get carried away with FIBA's power. Neither FIBA nor anyone else can force a player to play for his National Team. I even doubt China could do it. If Steve Nash told the Canadians, "I can't play for you in the Championships; I've got too many injuries to rehab," do you genuinely think FIBA can say, "Tough! You have to play!" The real question, I suppose, is what sort of punishment can FIBA level against a player? Can they fine him? Blacklist him? Break his kneecaps?

    Persuading Yao may also be against FIBA rules, though I don't see it explicitly here. That may be why Dallas had suddenly changed their attitude regarding Steve Nash (maybe they got a warning).

    As for the two letters to Wang asking for his return, they are not some BBS rumor. It is being reported by many reputable, mainstream news outlets in the States and abroad -- not to mention referred to by Mavericks brass. If you think the letters were never sent, or were sent by unauthorized personnel, you're the one listening to too many conspiracy theories. If China genuinely wanted Wang to stay in the States, wouldn't they have said so publically, considering what an embarassment it is for them that it is publically perceived that Wang is semi-defecting? (See the Wang thread for a full rant on that subject.)

    (P.S. Don't waste too much breath arguing with me. I'm not one of the ones hysterical over unreasonable demands from the Chinese -- your apparent target audience. I'm already convinced that the Chinese are being cooperative and that there should be no problems with the draft. I just posted to say there might be some things they may want the Rockets to do which are above and beyond the call of FIBA and yet still perfectly reasonable and, really, common courtesy.)
     
  13. heypartner

    heypartner Contributing Member

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    good grief NJRocket

    This whole thread is in response to Bergan and Windandsea. Please don't go copying and pasting stuff from other threads....just link to them. I'm trying to consolidate a response using the FIBA rules.

    Why do you believe every article/rumor from China when time after time we've read misinformation...including stuff that w&s translating.

    This guy making these statement probably doesn't have a clue that FIBA has the guarantees he is talking about. Why do you read this in a way that assumes he knows this FIBA legal terms? These "officials" in China have shown over and over that they are not aware of the rules regarding what the Rockets could give in compensation. Why are we to believe this guy is asking for something outside of the rules of FIBA.

    They are not going to get an agreement in writing. We can't sign one, and Stern will not agree to FIBA giving them a "extraordinary circumstance" allowance. They already have their assurances with FIBA. This is just a mistake...

    good grief.
     
  14. fwang

    fwang Member

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    I disagree. If Rockets plan to trade Yao Ming, it can easily make sure the receiving team will be bind by the Rockets agreement with CBA. I expect that CBA will ask Rockets to sign a transferable agreement. This could take time.

     
  15. tacoma park legend

    tacoma park legend Contributing Member

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    You have a naive entity (CBA), naive representation (Zhang, etc..), mutual confusion on the finer points of the CBA, and you expect clarity on the issue to ensue?

    It doesn't matter any way. Just draft up a faux-document to appease them. I know just the man for the job.....

    [​IMG]
     
  16. michecon

    michecon Contributing Member

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    All I got to sya is Dallas signed a "special" agreement besides FIBA. But again, #1 isn't second-rounder.

    michecon
     
  17. heypartner

    heypartner Contributing Member

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    ron,

    Wang is not the same as Yao. Wang did not sign a First Round Uniform Player Agreement. Yao's contract is pretty non-negotiable.

    JV,

    Wang said he is not defecting and China is OK with his practice. I read your response in the "rant." You are the one saying Wang is a liar and believeing second hand information.

    As for Steve Nash. Read my FIBA rules again. Nash has every right to bail based on injury. If he bails otherwise, it is not defection. His country will hate him though. The NBA team is not allowed to get in the way. Quit assuming FIBA rules are not followed by NBA teams, when Stern is trying so hard to encourage international sharing of players.

    <b>bottomline</b>: The Rockets have not signed an agreement with China, yet? Right? There is nothing for us to sign, except a NBA Player Contract with Ming. That's it. Don't believe any of this other stuff. It has all been proven a misinterpretation or flat out wrong, time and time again.

    time and time again
     
  18. NJRocket

    NJRocket Contributing Member

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    Yes as a matter of fact I do. With the potential trade offers there are out there and with all the stock we are puting in Yao, yes, I expect full clarity before we make our decision. And I don't think it's asking too much.
     
  19. NJRocket

    NJRocket Contributing Member

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    HeyP,

    I definitely respect your views/opinions as most people on here do, hence, I certainly hope you are right with this one. This baggage that Ming has is really scaring the hell out of me.
     
  20. heypartner

    heypartner Contributing Member

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    Hold on a second. You are leaping to conclusion. I don't even agree that there is talk between the CBA and Rockets for a written agreement. Where do you see anyone from the Rockets saying that? Where? There is no agreement between the Rockets and CBA. We haven't signed anything with them, yet. Have we? Cause there is nothing for us to sign? And if we do, Stern will not accept it as binding for the life of Ming and neither will the Player's Union, and FIBA's rules require them not to accept it.

    Let's stop presuming that the CBA will not play within established rules. There is just no evidence for that to date. They are merely new to this whole international player transfer thing.
     
    #40 heypartner, Jun 24, 2002
    Last edited: Jun 24, 2002

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