Dreamcricket USA News

USA reinstatement

2015 Jul 10 by DreamCricket USA


The full set of conditions are as follows:

1.         By no later than 1 October 2015, obtain ICC approval of the content of a new USACA constitution which adopts the recommendations made by TSE Consulting (and such other recommendations as may be made by the ICC) to the satisfaction of the ICC, If required and requested, the  ICC’s legal department will provide further comment and support to USACA In this respect.

2.         By no later than 1 February 2016, have the new USACA constitution validly adopted by its members.

3.         By no later than 1 June 2016, carry out an election to appoint the USACA Board  members, under the supervision of the ICC’s legal department and the Chairman of the ICC Audit Committee, under the terms of the new constitution.

4.         Provide full details of USACA’s current membership.

5.         Provide copies of all USACA Board minutes since 1 January 2011.

6.         Permit the ICC’s Chief Executive (or his nominee) to attend all USACA Board  meetings  in an observer (non-voting) capacity, including receiving copies of all papers and minutes circulated to Board members.

7.         Moving forward, disclose to the  ICC’s Chief Executive all instances of attempts made by any third party to improperly influence in any way the actions or decisions made by any USACA Board member.

8.         Provide copies of all existing Terms of Reference for current USACA Board Committees, including but not limited to the Commercial and Marketing Committee and the Selection Committee.

9.         Provide copies of the professional CVs for all current USACA Board members.

10.       Provide detailed evidence (In the form of sworn witness statements supported by appropriate evidence) of the existence of the leagues (as defined in the USACA constitution) identified in paragraph 4.53 of the Report, sufficient to rebut the allegations set out in that paragraph, as well evidence that they meet the criteria to be a Full Member voting member of USACA.

11.       Provide details of the votes cast by each of the Full Member voting members of USACA during the 2015 national election.

12.       Provide details of the status of all legal actions or complaints made or threatened (whether under the arbitration provisions of the USACA constitution or otherwise) by any relevant third party In respect of the recent national and/or regional elections, and recent  USACA team selection processes.

13.       Cooperate fully with the USA Task Force to help in the identification of a comprehensive plan for the appropriate  resources necessary to administer, manage and develop cricket in the USA.

14.       Provide the information  (including professional CVs) of all potential CEOs that have been identified by USACA to date.

15.       Continue to support all USA representative  teams and to comply with all administrative requirements made of USACA by the ICC from time to time. (Where funds are required to ensure proper support to USA national teams, USACA must identify such specific matter to the ICC’s Chief Executive, and funding may be made available, in the ICC’s discretion).

16.       Provide details in the following form of all official cricket activity and programs (including, for example, national championships) that have taken place in the last twenty-four months or that have been planned to take place in the next twenty-four months under USACA’s jurisdiction.

17.       Provide details in the following form of all youth cricket activity and programs that have taken place In the last twenty-four months or that are planned to take place In the next twenty-four months under USACA’s jurisdiction.

18.       Provide details  in the following form  of all female  cricket activity and  programs  that have taken place in the last twenty-four months or that are planned to take  place in the next twenty-four months under USACA’s jurisdiction.

19.       Develop a  method  satisfactory  to the ICC of auditing  the regional administrations to ensure compliance against specific criteria  set out in the USACA constitution, for example, in areas such as youth and women’s activities.

20.       Work with the Task  Force in the following cricket areas, which the Task Force will initially assume an oversight responsibility for during the period of USACA’s suspension:

- selection of national teams and support staff;

- preparation of national teams for international events;

- coordination and staging of National Championships.

21.       Provide details of the programmes and budgets in place in the USA for cricket coaches to develop and maintain their skills.

22.       Provide full details of the status of  USACA’s relationships with the two cities that control International standard  cricket venues- Lauderhill and Indianapolis.

23.       Provide the ICC with the following financial information:

-        all the USACA bank  account statements from 1 January 2013 to date;

-        payment vouchers and underlying supporting documents for all receipts and payments from 1 January 2013 to date;

-        USACA Board approved Financial Delegation of Authority matrix;

-        details of bank Signatories  and  financial  policies (e.g. expense  approval  and procurement policies);

-        event accounts for USACA held cricket and other events in the last 24 months;

-        access to information  that may  be  required  from  the automated  accounting system (QuickBooks).

-        any management letters issued by the external auditors since 2010.

-        details  of  any reports  from  any  reviews by external  agencies  (for example,  the IRS, Municipalities) carried out in the last 24 months.

24.       Provide a five-year business plan and cash flow demonstrating how, in the event that USACA is able to demonstrate compliance with the Reinstatement Conditions and have Its suspension lifted:

-        USACA will  be able to trade its way out of the current financial position where its liabilities exceed its current assets;

-        USACA will  be  able to pay off loans outstanding  of US$ 1.6m (plus interest) to companies owned by Neil Maxwell and Rajiv Podar; and

-        USACA intends to satisfy the accounts payable of US$1.2m (as per the audited accounts of y/e 31 December 2014).

25.       Confirm that any anticipated revenue from CHALLC is formally to be written off, and explain the consequences of such write off on the financial position of USACA. We note that the 2014 audited accounts excluded such revenues.

26.       Provide copies of the US Income Tax return for USACA for each of the following years: 31 December 2011, 2012, 2013 and 2014.

27.       Confirm that the new Treasurer of USACA will work with the  ICC CFO to facilitate the provision of any further Information that is required and assist in analyzing the financial records.

28.       Provide competent evidence sufficient to demonstrate that USACA has terminated the CHALLC license agreement and that there is no third party (including but not limited to CHALLC or the shareholders in CHALLC) claiming any right to sanction domestic and/or  international cricket events that are staged within the USA.

29.       Provide an independent legal opinion on the likelihood of success of any legal claims that are either (a) outstanding  against USACA; or (b) may be brought  against USACA in the future, including by setting  out the identities of any claimant or potential claimant, as well as the (anticipated, if applicable) basis and value of any such claim.

30.       Provide a list of, detailed  Information  about,  and copies of all relevant  agreements that relate to, all existing revenue-generating  contracts that USACA currently has in place with any third party (for example, the contract with Overseas League Club Ltd)

31.       Provide a list of, detailed information about, and copies of all relevant agreements that relate to, potential revenue-generating contracts which are currently the subject of negotiation  by USACA with any third party.

32.       Provide details of the status of  USACA’s current negotiations with Arena Sports in respect of the potential exploitation of the domestic rights to a T20 franchise league in the USA.

33.       Provide details of all legal fees incurred and settlement payments made in respect of claims brought against USACA since 1 January 2010.

34.       Provide confirmation that the relevant recipients identified above may be approached  by the Task Fore to confirm the value and date of the sums paid.

35.       Provide confirmation  of the extent to which any of  the above sums have been covered by insurance policies that were in force at the time of payment.

36.       Issue a media release declaring that USACA will support the Task Force in its work developing a strategy for improving the governance, cricketing structures and finance of cricket in the USA, in parallel with USACA’s efforts to carrying out the appropriate remedial action necessary for its suspension to be lifted.

37.       Provide all such information and support as the Task Force may request in a timely fashion and not take any steps to directly or indirectly undermine the activities of the Task Force.

38.       Formally request  all members of USACA (including the regional administrations) to provide all such information and support as the Task Force may request in a timely fashion and not to take any steps to directly or indirectly undermine the activities of the Task Force.

39.       Provide a detailed report on progress against all of Reinstatement Conditions set out herein for consideration by the ICC Board at its October meeting.