The International Cricket Council Player Eligibility Regulations

The International Cricket Council Player Eligibility Regulations Effective as from 20 October 2018 (amended on 12 April 2021) For information regarding the Player Eligibility Regulations, please contact: The ICC’s Cricket Operations Department International Cricket Council PO Box 500 070 Dubai, United Arab Emirates Tel (switchboard): +971 4 382 8800 Fax: +971 4 382 8600 TABLE OF CONTENTS ARTICLE 1 SCOPE AND APPLICATION ARTICLE 2 ELIGIBILITY ON THE BASIS OF NATIONALITY ARTICLE 3 ELIGIBILITY ON THE BASIS OF GENDER RECOGNITION ARTICLE 4 AGE DETERMINATION FOR ICC U19 EVENTS ARTICLE 5 EXCEPTIONAL CIRCUMSTANCES ARTICLE 6 OFFENCES ARTICLE 7 INVESTIGATIONS AND NOTICE OF CHARGE ARTICLE 8 THE DISCIPLINARY PROCEDURE BEFORE THE JUDICIAL COMMISSIONER ARTICLE 9 SANCTIONS ARTICLE 10 APPEALS AGAINST DECISIONS OF THE JUDICIAL COMMISSIONER ARTICLE 11 AMENDMENT AND INTERPRETATION OF THE REGULATIONS APPENDIX 1 DEFINITIONS APPENDIX 2 DOCUMENTS TO BE FILED TO PROVE SATISFACTION OF NATIONALITY QUALIFICATION CRITERIA APPENDIX 3 DATA SUMMARY FORM FOR RESIDENT PLAYERS APPENDIX 4 EXCEPTIONAL CIRCUMSTANCES APPLICATION FORM APPENDIX 5 AMENDMENTS INTERNATIONAL CRICKET COUNCIL PLAYER ELIGIBILITY REGULATIONS INTRODUCTION The ICC is the international federation responsible for the global governance of the sport of cricket and the Player Eligibility Regulations (the “Regulations”) are adopted and implemented in order to: (a) clarify the criteria relating to the eligibility of Players on the basis of nationality to represent National Cricket Federations in International Matches and ICC Events; (b) clarify (i) the minimum age eligibility for Players playing in International Matches and ICC Events and (ii) the age determination policy for Players seeking to represent a National Cricket Federation in an U19 Event; (c) facilitate the participation of Transgender players at the international level of the sport in the category of competition that is consistent with their gender identity; and (d) provide guidance as to the procedures that need to be followed and documents that need to be produced when applying the eligibility criteria set out herein. Unless otherwise indicated, references to Articles and Appendices are to articles and appendices of the Regulations. Words in italicised text in the Regulations are defined terms and their definitions are set out in Appendix 1. ARTICLE 1 SCOPE AND APPLICATION 1.1 All National Cricket Federations, Players, and any other persons or entities under the jurisdiction of the ICC that may from time to time engage in matters or activities relating to the eligibility of Players, are automatically bound by and required to comply with all of the provisions of these Regulations and they shall be deemed to have agreed: 1.1.1 to comply in full with these Regulations; 1.1.2 to submit to the exclusive jurisdiction of the ICC and the ICC Eligibility Bodies in relation to matters falling under their competence as set out in these Regulations. 1.1.3 to cooperate fully, promptly and in good faith with the ICC and the ICC Eligibility Bodies in the discharge of their respective responsibilities as set out in these Regulations, including providing them with all of the information and evidence they may require or request; 1.1.4 where information is provided to the ICC and/or the ICC Eligibility Bodies, to only provide accurate and complete information and not to provide any information in bad faith or for any improper purpose; 1.1.5 (to the fullest extent permitted and required under all applicable data protection and other laws) to the collection, processing, disclosure and use of information (including his/her sensitive personal information) as required to implement and apply these Regulations effectively and efficiently; and 1.1.6 not to bring any proceedings in any court or other forum that are inconsistent with the foregoing submission to the jurisdiction of the ICC and the ICC Eligibility Bodies. 1.2 In addition, all Players (through their selection and/or participation in an International Match, or otherwise by their participation in the processes set out in these Regulations) shall be deemed to have agreed that it is their personal responsibility to familiarise themselves with all of the requirements of the Regulations, including what constitutes an offence under the Regulations. 1.3 Each National Cricket Federation must fully cooperate with and support the ICC at all times in the application and enforcement of these Regulations in relation to International Matches. 1.4 It is acknowledged that certain National Cricket Federations may promulgate other rules that govern the eligibility of Players to represent their national representative teams and that particular circumstances may implicate not only the Regulations but also such other rules that may apply. For the avoidance of doubt, National Cricket Federations and Players acknowledge and agree that: (a) these Regulations are not intended to limit the requirements upon Players under such other rules; and (b) nothing in such other rules shall be capable of removing, superseding or amending in any way the jurisdiction of the ICC or the ICC Eligibility Bodies. COMMENT: For the purposes of these Regulations, the following matches shall not constitute an ‘International Match’: - Other than in respect of Article 4.1, any Under-19 national team (or similarly branded U19 XI) match which has been bi-laterally arranged between National Cricket Federations and/or their members, clubs etc; - any national “A” team, “B” team, ‘Academy XI’, ‘Development XI’, ‘Chairman’s XI’ or other similarly branded nonfirst XI match which has been bi-laterally arranged between National Cricket Federations and/or their members, clubs etc; - any short-form format of the game other than Twenty20 International Matches and T10 Matches played between representative sides of National Cricket Federations, for example, six-a-side cricket, and beach cricket. so that: (i) no time restriction under Article 2.2 shall be applied to any Player that has only ever represented a National Cricket Federation in any of the matches described herein before he/she is eligible to qualify to play for another National Cricket Federation; and (ii) where a Player has previously played for a National Cricket Federation in an International Match, he/she shall only be eligible to qualify to play for another National Cricket Federation after the full three year period following the Player’s last participation (as a member of a starting XI or as a playing or non-playing official substitute) in an International Match for the original National Cricket Federation has elapsed. For clarity, the definition of International Match for the purposes of the minimum age requirement set out in Article 4.1 shall include any Under19 national team (or similarly branded U19 XI) which has been bi-laterally arranged between National Cricket Federations and/or their members, clubs etc. ARTICLE 2 ELIGIBILITY ON THE BASIS OF NATIONALITY 2A Nationality Qualification Criteria 2.1 A Player shall be qualified to participate in an International Match or ICC Event for a National Cricket Federation where he satisfies at least one of the following requirements (the “Nationality Qualification Criteria”): 2.1.1 the Player was born in the country whose domestic cricket governing body is the National Cricket Federation; NOTE: The relevant information and documentation required to evidence satisfaction of the Nationality Qualification Criteria are described in Appendix 2. Where requested, such information (and documentation) must be provided in a timely fashion to the ICC. 2.1.2 at the date of submission of the relevant information to the ICC, the Player is able to demonstrate (by his/her possession of a valid passport issued by the relevant country) that he/she is a national of the country whose domestic cricket governing body is the National Cricket Federation; or 2.1.3 at the date of submission of the relevant information to the ICC, the Player is a Resident of the country whose domestic cricket governing body is the National Cricket Federation. For the purposes of this Article, a Player will be deemed to be a ‘Resident' of a particular country if the Player has had his/her primary and permanent home in the relevant country for the immediately preceding three years, and Residence and Residency shall be construed accordingly. NOTES: (1) For the purposes of Article 2.1.3, the ‘immediately preceding three year’ period shall mean the three year period that immediately precedes the date of submission of the relevant information to the ICC. (2) For the purposes of Article 2.1.3, a Player will be deemed to be a Resident of the relevant country if he/she can demonstrate that he/she has had his/her primary and permanent home in that country for the immediately preceding three years. This requires that the Player is able to demonstrate a close, credible and established link with the relevant country. It does not require, however, that the Player demonstrates that he/she has legal resident status in the relevant country in accordance with the applicable national law. A number of factors will influence a Player’s satisfaction of this test including, without limitation, the time actually spent by the Player in the relevant country and the purposes of any absences during the relevant period, whether the Player works in that country, whether the Player owns/rents a property and lives in that property on a full-time basis in that country, whether the Player can demonstrate any other permanent ties to the country. Short absences from the relevant country, for example, to travel to another country to play cricket on behalf of their National Cricket Federation in an organised tour, for holidays, attending ill family members or friends abroad, are unlikely to change the place/location of the Player’s primary and permanent home and are, therefore, unlikely to interrupt a Player’s period of Residence. By way of a guideline, however, it is likely that, save in exceptional circumstances, as a minimum requirement, on aggregate, at least 10 months actual physical presence in the relevant country in each of the three years will be required to demonstrate that the country is the place where the Player has his/her primary and permanent home. (3) Where there are exceptional circumstances to justify the determination of a Player as a Resident under Article 2.1.3 notwithstanding that he/she has not met the continuous three-year residency requirement, it may be open for the Exceptional Circumstances Committee to make such a determination, pursuant to Article 5.1 of these Regulations. Factors that the Exceptional Circumstances Committee make take into account in considering an application pursuant to Article 5.1 include, without limitation: (a) the length of time that the Player may be out of the relevant country; (b) the continuous period of residence in the country before and after any period of absence; (c) the reason for any absence, i.e. personal, study or work-related; and (d) the presence of previous and/or continuing links/ties between the Player and the relevant country and/or to cricket in that country. (4) Further, where exceptional circumstances are claimed in respect of Article 2.1.3 on the basis of absence due to school and/or higher education, particularly in the case of Players who are not financially independent, being resident, as a full time student, in another country is likely to be considered a series of temporary absences from the parental home. In such cases, it is anticipated that in the majority of cases involving students, the family/parental home is likely to continue to constitute the student’s primary and permanent home. In considering such a case, factors such as, without limitation, whether or not the Player’s family/parental home is in the relevant country, and whether he/she returns to that family/parental home in the school holidays, together with whether there remains a close, credible and established link with the relevant country, will be considered relevant for consideration by the Exceptional Circumstances Committee. 2B Eligibility to represent more than one National Cricket Federation 2.2 Nothing in Article 2.1 shall operate to prohibit a Player from representing more than one National Cricket Federation during his/her playing career. However, where a Player (whether male or female) has represented a National Cricket Federation (at Under-19 level or above) and subsequently seeks to play for a different National Cricket Federation, he/she will only qualify to play in an International Match or ICC Event for a National Cricket Federation if he/she satisfies the eligibility criteria set out herein and, subject to Article 2.2.1 below, he/she has not participated (as a member of a starting XI or as a playing or non-playing official substitute) in an International Match (at Under-19 level or above) for any other National Cricket Federation during the three years immediately preceding the date of the relevant International Match or ICC Event. 2.2.1 For the avoidance of doubt, the restriction set out in Article 2.2 shall not apply to any Player (whether male or female) who is seeking to qualify to play in an International Match or ICC Event for a Full Member National Cricket Federation in circumstances where such Player has previously played in an International Match or ICC Event for an Associate Member National Cricket Federation. In other words, a zero stand out period shall apply in the case of a Player who has previously represented an Associate Member National Cricket Federation and who is seeking to qualify to play in an International Match or ICC Event for a Full Member National Cricket Federation. NOTE: For the avoidance of doubt, the applicable stand out periods for Players (whether male or female) seeking to represent another National Cricket Federation can be summarized as follows: From – To Stand Out Period FM – FM 3 years FM – AM 3 years AM – AM 3 years AM – FM 0 2.3 No Player shall be entitled to seek to qualify for a different National Cricket Federation on more than one occasion, unless the second qualification sought by the Player is to represent the same National Cricket Federation for whom he/she previously played prior to re-qualification. 2C NOTE: This Article therefore prohibits a Player from qualifying to play for country “Z” after he/she has previously played for countries “X” and “Y”, but permits a Player re-qualifying to play for country “X” after representing country “Y” in circumstances where country “X” was the original country for whom he/she was originally qualified to represent. ICC’s Player Eligibility Database 2.4 Where required, each National Cricket Federation must certify that each Player selected to participate in any International Match or ICC Event meets the Nationality Qualification Criteria, by using the forms provided by the ICC and by attaching the relevant documentation described in Appendix 2. 2.5 Each Player that meets the Nationality Qualification Criteria will thereafter be permanently registered on the ICC Player Eligibility Database and will therefore not be required to reapply for qualification at future International Matches or ICC Events. NOTE: For the avoidance of doubt, once a Player has satisfied the Nationality Qualification Criteria, he/she will be considered a deemed national of the relevant country and therefore will be considered eligible to represent that National Cricket Federation in all future International Matches and/or ICC Events without the need to demonstrate satisfaction of the Nationality Qualification Criteria on each future occasion. 2.6 Any Player who has satisfied the predecessor version of these Regulations and consequently has been deemed eligible to represent (and has represented) a National Cricket Federation in the three years immediately preceding the Effective Date of these Regulations will be deemed eligible to represent that National Cricket Federation indefinitely without the need to demonstrate satisfaction of the Nationality Qualification Criteria. Any other Player will need to comply with the Nationality Qualification Criteria set out in Article 2.1 herein before he/she can be considered eligible to represent a National Cricket Federation. ARTICLE 3 ELIGIBILITY ON THE BASIS OF GENDER RECOGNITION 3A Introduction 3.1 The ICC adopts and implements this Article 3 relating to gender recognition in accordance with the following imperatives: 3.1.1 The need to establish conditions for participation in the sport of cricket, including eligibility categories, that (a) protect the health and safety of participants; and (b) guarantee fair and meaningful competition that displays and rewards the fundamental values and meaning of the sport: 3.1.1.1 The ICC wants cricketers to be incentivised to make the huge commitments required to excel in the sport, and so to inspire new generations to join the sport and aspire to the same excellence. It does not want to risk discouraging those aspirations by permitting competition that is not fair and meaningful. 3.1.1.2 Most relevantly for present purposes, because of the significant advantages in size, strength and power enjoyed (on average) by males over females from puberty onwards (due in large part to much higher levels of androgenic hormones), and the impact that such advantages can have on sporting performance, it is necessary to have separate competition categories for males and females in order to preserve the safety, fairness and integrity of the sport, for the benefit of all of its participants and stakeholders. 3.1.2 The desire to be as inclusive as possible, to impose only necessary and proportionate restrictions on eligibility, and to provide a clear path to participation in the sport for all: 3.1.2.2 The ICC recognises that Transgender players may wish to compete in cricket in accordance with their gender identity. The ICC wishes to encourage and facilitate such participation, on conditions that go only so far as is necessary to protect the safety of all participants and to deliver on the promise of fair and meaningful competition offered by the division of the sport into male and female categories of competition. 3.1.2.3 The eligibility conditions established in this Article 3 are driven solely by the desire to guarantee fairness and safety within the sport. In no way are they intended as any kind of judgement on or questioning of the gender identity or the dignity of any Transgender Player. 3.1.3 The need to respect and preserve the dignity and privacy of Transgender Players, and to avoid improper discrimination and stigmatisation on grounds of gender identity. All cases arising under this Article 3 must be handled and resolved in a fair, consistent and confidential manner, recognising the sensitive nature of such matters. 3.2 The term 'Transgender' is used in this Article 3 to refer to individuals whose gender identity is different from the biological sex assigned to them at birth (whether they are pre- or post-puberty, and whether or not they have undergone any form of medical intervention). 3.3 This Article 3 is based on the principles set out in the IOC's Transgender Guidelines (the current version of which can be found at www.olympic.org/medical-and-scientific-commission). As such, it reflects a broad medical, scientific and legal consensus as to the approach required to achieve the imperatives identified above. Since this Article 3 is intended to operate globally, regulating the conditions for participation in international-level events, it is to be interpreted and applied not by reference to national or local laws, but rather as an independent and autonomous text, and in a manner that protects and advances the imperatives identified above. 3.4 In the event an issue arises that is not foreseen in this Article 3, it will be addressed by the ICC in a manner that protects and promotes the imperatives identified above. 3.5 It is recommended that each National Cricket Federation adopts its own regulations to determine the eligibility of Transgender players to compete in events taking place under its own jurisdiction. At the level of national championships (or similar), it is recommended that this Article 3 is followed. At lower levels, however, less stringent eligibility requirements may be imposed, where appropriate. For the avoidance of doubt, however, anything that the National Cricket Federation does (or does not do) at national level will not affect the eligibility of Transgender Players to compete in International Matches, which will instead be determined exclusively by reference to this Article 3. 3B Eligibility conditions for female-to-male Transgender Players 3.6 To be eligible to participate in the male category of competition at an International Match, a femaleto-male Transgender Player must provide a written and signed declaration, in a form satisfactory to the Designated Medical Officer, that his gender identity is male. As soon as reasonably practicable following receipt of such declaration, the Designated Medical Officer will issue a written certification of that Player's eligibility to compete in the male category of competition in International Matches. NOTE: To ensure that certification is received in good time, the Player should provide the declaration to the Designated Medical Officer at least six weeks in advance of the first International Match in which he wishes to participate in the male category of competition. 3C Eligibility conditions for male-to-female Transgender Players 3.7 To be eligible to participate in the female category of competition at an International Match, a maleto-female Transgender Player must satisfy the following requirements (together, the MTF Transgender Eligibility Conditions): 3.7.1 she must provide a written and signed declaration, in a form satisfactory to the Designated Medical Officer, that her gender identity is female; and 3.7.2 she must demonstrate to the satisfaction of the Expert Panel (on the balance of probabilities), in accordance with Section 3E of these Regulations that the concentration of testosterone in her serum has been less than 5 nmol/L1 continuously for a period of at least 12 months, and that she is ready, willing and able to continue to keep it below that level for so long as she continues to compete in the female category of competition. 3D Provisions applicable to all Transgender Players 3.8 For the avoidance of doubt, no Player will be forced to undergo any medical assessment and/or treatment. It is the Player's responsibility, in close consultation with his or her medical team, to decide on the advisability of proceeding with any assessment and/or treatment. Deciding not to do so may have consequences in terms of the Player's eligibility to participate in International Matches in the category of competition that is consistent with his/her gender identity, but it will not be considered a breach of any rule. 3.9 For the further avoidance of doubt, the following are not required in order for a Transgender Player to compete in the category of competition at an International Match that is consistent with his/her gender identity (because such requirements are not relevant to the imperatives identified above): 3.9.1 legal recognition of the Player's gender identity as the Player's sex; or 3.9.2 surgical anatomical changes. 3.10 Once a Transgender Player has satisfied these eligibility requirements and has started participating in International Matches in the category of competition consistent with his/her gender identity, he/she may not then switch back to participating in the other gender category in International Matches unless and until (a) at least three years have passed since the first International Match in which he/she participated as a Transgender Player; and (b) he/she satisfies all of the conditions for eligibility to compete in the other gender category. 3.11 For the avoidance of doubt, the eligibility conditions for Transgender Players set out in this Article 3 operate without prejudice to all other eligibility requirements that are applicable to all Players (Transgender or otherwise) under the rules of the ICC, which must also be satisfied at all relevant times. Further, nothing in this Article 3 is intended to undermine or affect in any way any of the requirements of the World Anti-Doping Code, of the WADA International Standards (including the International Standard for Therapeutic Use Exemptions), or of the ICC Anti-Doping Code. Nothing in this Article 3 will be deemed to permit, excuse or justify non-compliance with any of those 1 For the purposes of these Regulations, all measurements of serum testosterone levels must be conducted by means of tandem mass spectrometry. requirements, including (without limitation) any requirement for a Player to obtain a Therapeutic Use Exemption for the use of a prohibited substance, such as testosterone.2 3E Assessment by the Expert Panel 3.12 A male-to-female Transgender Player who wishes to compete in the female category of competition at an International Match must file the appropriate declaration with the Designated Medical Officer, along with a comprehensive medical history and such other evidence as is required to demonstrate her satisfaction of the MTF Transgender Eligibility Conditions, including evidence addressing any of the factors set out at Article 3.15 that are applicable to her case. The Player is responsible for ensuring that the information provided is accurate and complete, and that nothing relevant to the Expert Panel's assessment of the case has been withheld. The Player must also provide the appropriate consents and waivers (in a form satisfactory to the Designated Medical Officer) to enable her physician(s) to disclose to the Designated Medical Officer and the Expert Panel any information that the Expert Panel deems necessary to its assessment. 3.13 The Designated Medical Officer will review the submission and, after communicating with the Player and/or the Player's physician to remedy any obvious deficiencies, will refer the file to the Expert Panel for assessment in accordance with the following provisions of this Article 3. 3.14 The Expert Panel will assess cases referred to it by the Designated Medical Officer to determine whether the MTF Transgender Eligibility Conditions have been met (or, if not, then what else the Player must do to satisfy those conditions). It may make such enquiries or investigations as it considers necessary to carry out the required assessment effectively, including (without limitation) requesting further information from the Player or the Player's physician and/or obtaining additional expert opinion(s). 3.15 In making its assessment, the Expert Panel will take into account all relevant and reliable evidence, including (without limitation) as to: 3.15.1 the Player's age; 3.15.2 any sex reassignment procedures the Player has undertaken, including the date(s) of any such procedures and whether they took place before or after puberty; 3.15.3 any other relevant treatment the Player has received (including any pre- or postreassignment treatment), including the dosage and frequency of such treatment; 3.15.4 the levels of testosterone in the Player's serum during the relevant 12-month period and any monitoring period, as well as the current level of testosterone in the Player's serum; and 3.15.5 the results of any pre- or post-reassignment monitoring. 3.16 If the Expert Panel has any concerns about the adequacy of the evidence provided by the Player on any particular point, it must give the Player a fair opportunity to try to address those concerns before it comes to its final decision. 3.17 The Expert Panel will complete its assessment as soon as is reasonably practicable in all of the circumstances of the case. However, in no circumstances will the ICC or any member of the Expert 2 See, e.g., the WADA TUE Physician Guidelines, Medical Information to Support the Decisions of TUE Committees, Female-to-Male Transsexual Athletes, available at www.wada-ama.org. Panel be liable for any detriment allegedly suffered by the Player or anyone else as a result of the length of time taken by the Expert Panel to complete its assessment. 3.18 Once it has completed its assessment, the Expert Panel will send its decision in writing to the Designated Medical Officer and to the Player (with a copy to the Player's physician). 3.18.1 If the Expert Panel decides that the MTF Transgender Eligibility Conditions have not (yet) been met, it must explain in writing the reasons for its decision. Where applicable, it should also specify what else the Player may do in order to satisfy those conditions (including, for example, maintaining the concentration of testosterone in her serum at less than 5 nmol/L for a longer period; other treatment; monitoring; reporting; and further reviews). 3.18.2 If the Expert Panel decides that the MTF Transgender Eligibility Conditions have been met (such that the Player is eligible under this Policy to compete in the female category of competition in International Matches), the Designated Medical Officer will issue a written certification of that Player's eligibility to compete in the female category of competition in International Matches. That eligibility will be subject in every case to the Player's continuing satisfaction of the MTF Transgender Eligibility Conditions, including (without limitation) continuously maintaining her serum testosterone at a concentration of less than 5 nmol/L. The Expert Panel may specify particular means (e.g., further treatment, monitoring and/or reporting) of achieving and/or demonstrating such continuing compliance. In any event, the Player must produce, on request, evidence satisfactory to the Designated Medical Officer of such continuing compliance. 3.19 The Expert Panel's decision will be final and binding on all parties. It may only be challenged by way of appeal in accordance with Article 3G. 3F Monitoring/investigating Compliance 3.20 The Designated Medical Officer may monitor a Player's compliance with the MTF Transgender Eligibility Conditions at any time, with or without notice, whether by random or targeted testing of the Player's serum testosterone levels (and the Player agrees to provide serum samples for this purpose, and also agrees that any samples that she provides for anti-doping purposes and/or any anti-doping data relating to her may also be used for this purpose), or by any other appropriate means. 3.21 In addition to the general power to monitor continuing compliance with the MTF Transgender Eligibility Conditions, the Designated Medical Officer may investigate, at any time: 3.21.1 whether a Player who has not filed a declaration under these Regulations is a Transgender Player who needs to establish his/her eligibility to compete in a particular competition category in accordance with this Policy; 3.21.2 whether (because of a subsequent change in circumstances, subsequent learning or experience, or otherwise) it is necessary to require a Transgender Player who has previously been determined to satisfy the MTF Transgender Eligibility Conditions to undergo further assessment by the Expert Panel to determine whether she still satisfies those conditions; and/or 3.21.3 any circumstances indicating potential non-compliance with these Regulations; and in such cases the Player in question must cooperate fully and in good faith with that investigation, including (without limitation) by providing serum samples upon request. Where necessary to safeguard the fairness and/or integrity of competition and/or the safety of the competitors, the Designated Medical Officer (acting on behalf of the ICC) may provisionally suspend the Player from competing in International Matches pending resolution of the matter, provided that in such cases all reasonable endeavours should be used to complete the investigation as expeditiously as possible. Any such provisional suspension may be appealed in accordance with Article 3G. 3.23 To avoid abuse, only the Designated Medical Officer may initiate an investigation under Article 3.21 and he/she should only do so in good faith and on reasonable grounds based on information derived from reliable sources, such as (for example) the affected Player him/herself, the National Cricket Federation to which the affected Player is affiliated, results from a routine pre-participation health examination, or data as to serum testosterone levels and/or other data obtained from analysis of samples collected for anti-doping purposes. 3.24 Where the Designated Medical Officer or the Expert Panel determines that a male-to-female Transgender Player who has previously been declared eligible to compete in the female category of competition in International Matches has failed to maintain her serum testosterone level at a concentration of less than 5 nmol/L, she may not compete in the female category of competition in International Matches until such time as she demonstrates to the satisfaction of the Expert Panel that she has maintained her serum testosterone below 5 nmol/L for a new continuous period of at least 12 months. 3G Appeals 3.25 The following decisions (and only the following decisions) made under this Article 3 may be appealed to an Appeal Panel, in accordance with this Article 3G: 3.25.1 a decision by the Designated Medical Officer to suspend the Player provisionally from competition pursuant to Article 3.21 may be appealed by the Player, in which case the ICC will be the respondent to the appeal; 3.25.2 a decision by the Expert Panel that the Player may not compete in the category of competition in International Matches that is consistent with his/her gender identity may be appealed by the Player, in which case the ICC will be the respondent to the appeal; and 3.25.3 a decision by the Expert Panel that the Player may compete in the category of competition in International Matches that is consistent with his/her gender identity may be appealed by the ICC, in which case the Player will be the respondent to the appeal. 3.26 Any notice to appeal under this Article must be lodged with the ICC’s General Counsel as soon as practicable following the relevant decision. Following receipt of a notice of appeal, the ICC’s General Counsel will – as soon as practicable - appoint the Appeal Panel. The appeal will be governed by English law and the procedure for conducting the appeal will be left to the discretion of the Appeal Panel, whose decision will be the full, final and complete disposition of the matter and will be binding on all parties. ARTICLE 4 ELIGIBILITY ON THE BASIS OF AGE 4A Minimum Age Eligibility 4.1 A Player will only be eligible to represent a National Cricket Federation in an International Match (including ICC Events and U19 Events) if he/she is aged 15 or over on the relevant squad submission date (in the case of ICC Events including U19 Events) or on the date of the first match of the series/tournament to the played (in the case of all other International Matches). NOTE: In order to safeguard the welfare of minors playing in International Matches (including when travelling and to ensure their physical safety), the ICC has agreed to introduce a minimum age of 15 for all Players playing in International Matches at U19 level and above, whether as part of an ICC Event or otherwise. However, the ICC acknowledges that in certain exceptional circumstances there may be justifications for allowing someone younger than 15 to play in an International Match. Where a National Cricket Federation considers that exceptional circumstances exist to justify allowing a Player younger than 15 to play in an International Match, it may be open for the Exceptional Circumstances Committee to make such a determination pursuant to Article 5 of these Regulations. Factors that the Exceptional Circumstances Committee may take into account in considering an application pursuant to Article 5.1 include, without limitation: (a) where the Player’s playing experience, mental development and wellbeing demonstrates that they would be capable of coping with the demands of playing international cricket; and (b) where the Player’s physique and strength is sufficiently well developed to allow them to cope with the demands of international cricket and the opponents they are likely to face. Any such application to the Exceptional Circumstances Committee must include a letter of support from the Player’s parents/legal guardians confirming the player’s date of birth and confirming that the parents/guardians have no objection to the player participating in the relevant International Match or ICC Event. In line with Article 6.5 below, it will be open to the Exceptional Circumstances Committee in circumstances where they grant exceptional circumstances to allow a Player under 15 to play in an International Match to impose such conditions as they consider necessary to ensure the safety and welfare of the Player concerned. 4B Eligibility for ICC U19 Events 4.2 A Player will be eligible to represent a National Cricket Federation in an ICC U19 CWC or ICC U19 T20 WC if he/she is aged under 19 (i.e. he/she is younger than 19 years of age) on the 31 August immediately preceding the date on which the first match in the relevant U19 CWC or U19 T20 WC is due to take place. For the avoidance of doubt, this means the Player’s age at midnight (in the country of birth) at the changeover from the 31st of August to the 1 st of September immediately preceding the event. NOTE: For example, in order to be eligible to represent a National Cricket Federation in the 2018 U19 CWC, scheduled to commence on 13 January 2018, a Player would need to be under 19 on 31 August 2017, i.e. he/she would need to have been born on or after 1 September 1998. A Player born on 15 September 1998 would be 18 on 31 August 2017 (i.e. he/she would be under 19) and therefore eligible to represent a National Cricket Federation in the 2018 U19 CWC. 4.3 A Player will be eligible to represent a National Cricket Federation in an ICC U19 CWCQ or any qualifying tournament for an ICC U19 T20 WC if, based on the criteria set out in Article 4.2 above, he/she will be eligible to compete in the U19 CWC or ICC U19 T20 WC to which that qualifying tournament relates. 4C Age verification 4.4 Prior to the U19 Event: 4.4.1 Once a Player has been selected by a National Cricket Federation for inclusion in its Squad for an U19 Event, the Player must complete and submit to his/her National Cricket Federation the Age Determination Form together with the Age Determination Documents. 4.4.2 Each National Cricket Federation must review the completed Age Determination Forms and the Age Determination Documents for all Players selected for inclusion in its Squad for an U19 Event and ensure that all Players who are subsequently named in its Squad for an U19 Event comply with the eligibility criteria set out at Articles 4.2 and 4.3 (as applicable). 4.4.3 Each National Cricket Federation must submit to the ICC by no later than one month prior to the commencement of the relevant Support Period (as such term is defined in the regulations for the relevant U19 Event) the completed Age Determination Forms and Age Determination Documents for all Players who it has named (or intends to name) in its Squad for an U19 Event, in accordance with the regulations for that U19 Event. 4.4.4 Upon receipt and review of the completed Age Determination Forms and Age Determination Documents submitted by each National Cricket Federation for the Players named in its Squad, the ICC may request additional information and/or documentation from any Player and/or his/her National Cricket Federation (which can include, for the avoidance of doubt, further copies of any Age Determination Documents) in order to verify that Player’s age. 4.4.5 If a Player fails or refuses to submit any information and/or documentation requested by the ICC pursuant to Article 4.4.4, the ICC may, without prejudice to any disciplinary proceedings that may be brought pursuant to Article 6, immediately disqualify the Player from the U19 Event. 4.4.6 If, based on the evidence in its possession, the ICC is: (a) not reasonably satisfied that a Player meets the eligibility criteria set out in Articles 4.2 or 4.3 (as applicable); and/or (b) not reasonably satisfied that a Player’s Age Determination Documents are accurate and authentic, the ICC may, without prejudice to any disciplinary proceedings brought pursuant to Article 7, immediately disqualify the Player from the U19 Event. 4.4.7 A Player disqualified under Articles 4.4.5 or 4.4.6 will be entitled to appeal against the disqualification in accordance with Article 5D. 4.5 During the U19 Event: 4.5.1 At any time during an U19 Event, the chairman of the U19 Event Technical Committee (or his/her delegate) may select (at random, or otherwise) and refer any Players participating in that U19 Event to the U19 Event Technical Committee for the examination and review of that Player’s respective Age Determination Form and Age Determination Documents and any other relevant materials of which it has become aware. 4.5.2 If, following such review, the U19 Event Technical Committee is not reasonably satisfied (i) that a Player’s Age Determination Documents are accurate and authentic, or (ii) that the Player meets the eligibility criteria set out in Articles 4.2 or 4.3 (as applicable), the Player may, without prejudice to any disciplinary proceedings that may be brought pursuant to the Regulations, be immediately disqualified from the U19 Event by the U19 Event Technical Committee. 4D Disqualification 4.6 If, during an U19 Event, the U19 Event Technical Committee disqualifies more than one Player from the same National Cricket Federation Squad pursuant to Article 4.5, the U19 Event Technical Committee may disqualify the entire Squad from the U19 Event. 4E Appeals 4.7 Any disqualification made under Article 4 of these Regulations by the U19 Event Technical Committee may be challenged solely by appeal as set out in this Section 4E. Such disqualification will remain in effect while under appeal unless the Appeal Commissioner appointed to hear the appeal orders otherwise. 4.8 The only parties who may challenge a disqualification pursuant to this Section 4E are the disqualified Player and/or the National Cricket Federation to which the Player is affiliated, save that only the relevant National Cricket Federation may appeal the case of a Squad disqualification pursuant to Article 4.6. 4.9 If a party wishes to challenge a disqualification pursuant to this Article 4, he/it must submit to the ICC’s General Counsel (or his/her delegate) within twenty-four (24) hours of being notified of the disqualification a written notice of appeal, which must identify the disqualification being challenged and set out the grounds for challenge. Thereafter, the following will apply: 4.9.1 Within twenty-four (24) hours of receiving the appellant’s notice of appeal, the ICC’s General Counsel (or his/her delegate) will appoint an Appeal Commissioner, who will be of a different nationality from that of the relevant Player or National Cricket Federation, to hear and determine the appeal. 4.9.2 The Appeals Commissioner will hear and determine the appeal as soon as reasonably practicable. 4.9.3 The procedure for conducting the appeal will be left to the discretion of the Appeal Commissioner provided that the appellant and the ICC have the opportunity to understand each other’s case and to present their own cases fairly. Where it is reasonably available, the Appeal Commissioner will review all evidence submitted by the Player and/or his National Cricket Federation in relation to his/her age. The Appeals Commissioner may, in his absolute discretion, conduct the appeal in person, by telephone/video conference or by way of written submissions only. 4.9.4 The Appeal Commissioner will provide a written decision to the ICC which shall also be sent to the appellant, his/her Team Manager (if the appellant is a Player) and the chairman of the U19 Event Technical Committee. 4.9.5 Any decision made by the Appeal Commissioner under this Article 4.9 will be the full, final and complete disposition of the matter and will be binding on all parties. ARTICLE 5 EXCEPTIONAL CIRCUMSTANCES 5.1 The following may each be exclusively submitted to the Exceptional Circumstances Committee by the relevant National Cricket Federation for consideration and determination as to whether Exceptional Circumstances exist: 5.1.1 to justify a Player’s qualification as a Resident for the purposes of participating in an International Match or ICC Event for a representative side of a National Cricket Federation in accordance with Article 2.1.3; 5.1.2 to justify granting an exemption from full compliance with any of the Nationality Qualification Criteria described in Article 2.1 for any particular International Match or ICC Event; or 5.1.3 to justify the participation of a Player under the age of 15 in an International Match or ICC Event. 5.2 All applications to the Exceptional Circumstances Committee must be made on the ICC template form titled ‘Application for Exceptional Circumstances’, a copy of which is attached at Appendix 4 of these Regulations, as soon as possible and, in any event, no later than sixty (60) days prior to the relevant International Match or the first Match in the ICC Event in which the representative side of the relevant National Cricket Federation is scheduled to participate in. 5.3 The application must be accompanied by all of the relevant documentary evidence and submissions that the National Cricket Federation wishes to rely on, including (where applicable), the ICC template form titled ‘Data Summary for Resident Players’, a copy of which is attached at Appendix 3 of these Regulations. 5.4 The Exceptional Circumstances Committee shall be free to take into account all matters which it deems to be relevant to the application but will not consider itself to be bound by any previous decisions on similar sets of facts. It will evaluate and make a decision as quickly as is reasonably practicable based only upon the documentation that has been presented to it. In the meantime, the National Cricket Federation shall not assume that its application for Exceptional Circumstances will be granted by a particular time, or at all. The Exceptional Circumstances Committee may, on a case-by-case basis, obtain such external third-party advice (e.g. from experts, consultants, lawyers etc) as it deems reasonably necessary to assist in the proper performance of its duties and functions. 5.5 The decision of the Exceptional Circumstances Committee will be communicated to the National Cricket Federation as soon as is reasonably practicable after it is made. If the application is successful, then the decision will become effective as of the date that the National Cricket Federation receives notice of such decision. Subject only to the rights of appeal under Article 5.7, the decision of the Exceptional Circumstances Committee shall be the full, final and complete disposition of the matter and will be binding on all parties. 5.6 Any decision by the Exceptional Circumstances Committee that Exceptional Circumstances exist may be made with effect for a specified period (which may be for a specific International Match or ICC Event only) and may be subject to such conditions or restrictions as the Exceptional Circumstances Committee may consider appropriate to impose. 5.7 A decision of the Exceptional Circumstances Committee may be challenged solely by appeal as set out in this Article 5.7: 5.7.1 Any notice to appeal under this Article 5.7 must be lodged with the ICC’s General Counsel within seventy-two (72) hours of receipt of the decision of the Exceptional Circumstances Committee pursuant to Article 5.5. The only party who may appeal a decision of the Exceptional Circumstances Committee shall be the National Cricket Federation who submitted the initial Exceptional Circumstances application. 5.7.2 The only grounds of appeal available to a National Cricket Federation are that: 5.7.2.1 in coming to its decision, the Exceptional Circumstances Committee acted in a manner that was procedurally unfair; and/or 5.7.2.2 in coming to its decision, the Exceptional Circumstances Committee misinterpreted or failed to comply with these Regulations insofar as they were relevant to its decision; and/or 5.7.2.3 the Exceptional Circumstances Committee came to a decision that no reasonable body could have come to. 5.7.3 Upon filing a notice of appeal pursuant to Article 5.7.1, the appellant National Cricket Federation shall pay to the ICC an Appeal Fee of US$ 5,000 (five thousand US Dollars) in the case of Full Members or US$ 2,500 (two thousand five hundred US Dollars) in the case of Associate Members, without which the appeal shall not proceed. In circumstances where a National Cricket Federation’s appeal is successful, the Appeal Fee shall be refunded to the relevant National Cricket Federation. In addition, the Appeal Commissioner shall be entitled to take into account the Appeal Fee when considering the question of costs pursuant to Article 5.7.8. 5.7.4 Within seventy-two (72) hours of receipt of a notice to appeal, the ICC’s General Counsel will appoint an Appeal Commissioner (who shall not be from the same country as that represented by the relevant National Cricket Federation) to hear the appeal sitting alone. 5.7.5 If, upon his or her receipt of a notice to appeal, it appears to the Appeal Commissioner to be highly likely that the outcome of the appeal for the applicant National Cricket Federation will not be substantially different, he or she may summarily dismiss the appeal and produce brief written reasons for doing so, which shall be notified to the relevant National Cricket Federation and the ICC simultaneously. Otherwise, the appropriate procedure to be followed during the appeal shall be determined by the Appeal Commissioner in his/her sole discretion save that the appeal shall be determined on the basis of written submissions alone. 5.7.6 Where the Appeal Commissioner considers it appropriate, for example, in the case of an appeal which arises within thirty (30) days of the start of an ICC Event and which relates to such ICC Event, the Appeal Commissioner may instigate an expedited procedure for the resolution of the dispute with the aim of resolving the dispute in advance of the start of the ICC Event. 5.7.7 The appeal before the Appeal Commissioner shall be in English, and certified English translations shall be submitted of any non-English documents put before the Appeal Commissioner. The cost of translation shall be borne by the party offering the document(s). 5.7.8 The Appeal Commissioner shall have the power to make a costs order against any party to the appeal in respect of the costs of convening the Appeal Commissioner and his/her hearing of the matter and/or in respect of the costs incurred by the parties in relation to the proceedings where it deems fit (for example, but without limitation, where it considers that such party has acted spuriously, frivolously or otherwise in bad faith). If it does not exercise that power, the ICC shall pay the costs of convening the Appeal Commissioner and each party shall bear its own costs. 5.7.9 The Appeal Commissioner shall produce a written reasoned decision as soon as reasonably practicable, which decision shall be notified to the relevant National Cricket Federation and the ICC simultaneously. 5.7.10 The decision of the Appeal Commissioner shall be non-appealable and shall the full, final and complete disposition of the matter and will be binding on all parties. ARTICLE 6 OFFENCES 6.1 The activity described in each of Articles 6.1.1 – 6.1.9 shall amount to an offence under these Regulations: 6A Nationality 6.1.1 Selection and/or participation (as a member of a starting XI or as an official substitute (whether playing or non-playing)) of a Player in an International Match for a National Cricket Federation for which such Player is not qualified to represent pursuant to any of the applicable criteria described in Article 2 of these Regulations. 6B Gender Recognition 6.1.2 Selection and/or participation (as a member of a starting XI or as an official substitute (whether playing or non-playing)) of a Player in an International Match in a category of competition for which he/she has not satisfied the applicable eligibility conditions for Transgender Players set out in Article 3.6 or 3.7. 6.1.3 Any harassment or other form of conduct that directly or indirectly stigmatises or improperly discriminates against a Player on the grounds of gender identity (or perceived gender identity), including (without limitation) witch-hunts or whispering campaigns against Players on the basis that their appearance does not conform to gender stereotypes. 6C Age Determination 6.1.4 Selection and/or participation (as a member of a starting XI or as an official substitute (whether playing or non-playing) of a Player as a member of a Squad for an International Match who does not satisfy the applicable minimum age requirement set out in Article 4.1 of these Regulations. 6.1.5 Selection and/or participation (as a member of a starting XI or as an official substitute (whether playing or non-playing)) of a Player as a member of a Squad for an U19 Event who is not eligible to represent that National Cricket Federation pursuant to Article 4 of these Regulations. 6D General offences relating to eligibility 6.1.6 Forgery, manipulation, tampering, manufacture or creation of false or incorrect documents for the purposes of these Regulations, including (without limitation) for the purpose of attempting to satisfy any of the eligibility criteria described in these Regulations. 6.1.7 Assisting, encouraging, aiding, abetting, covering up, and/or any other type of complicit behaviour in, any of the offences set out in this Article 6. 6.1.8 Failing to cooperate fully, promptly and in good faith with the ICC and the ICC Eligibility Bodies in the discharge of their respective responsibilities as set out in these Regulations, including in relation to their determination of eligibility and any subsequent monitoring. 6.1.9 any Attempt to commit any of the offences in this Article 6. 6.1.10 any other material breach of or non-compliance with these Regulations. NOTE: Failure to comply with Articles 6.1.1, 6.1.2, 6.1.4 and 6.1.5 are Strict Liability Offences. The other offences listed in this Article 2 are not Strict Liability Offences. In order words, intent, knowledge, negligence or other fault must be demonstrated in order to establish offences other than Articles 6.1.1, 6.1.2, 6.1.4 and 6.1.5. ARTICLE 7 INVESTIGATIONS AND NOTICE OF CHARGE 7.1 Any allegation or suspicion that an offence under Article 6 of these Regulations has been committed, whatever the source, shall be referred to the ICC’s General Counsel for investigation and possible charge in accordance with Article 7.3. 7.2 As part of any such investigation, if the ICC's General Counsel reasonably suspects that a National Cricket Federation and/or a Player and/or other person or entity under the jurisdiction of the ICC has committed an offence under these Regulations, he/she may make a written demand to such National Cricket Federation and/or Player and/or other person or entity (a “Demand”) to furnish to him/her any information that is reasonably related to the alleged offence, including, without limitation, copies of all documentation relating to the alleged breach. The National Cricket Federation and/or Player and/or other person or entity shall cooperate fully with any such Demand, including by furnishing the required information within such reasonable period of time as may be determined by the ICC’s General Counsel. 7.3 Where, following an investigation, the ICC’s General Counsel determines that there is a case to answer under Article 5, the National Cricket Federation and/or Player and/or any other person or entity (as applicable) shall be sent written notice of the following (the “Notice of Charge”): 7.3.1 that the National Cricket Federation and/or Player and/or other person or entity has a case to answer under Article 6; 7.3.2 the specific offence(s) that the National Cricket Federation and/or Player and/or other person or entity is alleged to have committed; 7.3.3 details of the alleged acts and/or omissions relied upon in support of the charge; 7.3.4 that where a case to answer has been determined during an ICC Event, any continued selection by the National Cricket Federation of a relevant Player in that ICC Event will be at the National Cricket Federation’s risk and may be considered as a relevant factor to be taken into account by a Judicial Commissioner when considering the appropriate sanction to be imposed for any offence that may subsequently be demonstrated; and 7.3.5 the matters relating to responding to a Notice of Charge specified at Article 7.4. 7.4 Responding to a Notice of Charge 7.4.1 The Notice of Charge shall also specify that, if the National Cricket Federation and/or Player and/or other person or entity (as applicable) wishes to exercise its/his/her right to a hearing before a Judicial Commissioner, it/he/she must submit a written request for such a hearing so that it is received by the ICC’s General Counsel as soon as possible, but in any event within fourteen (14) days of the receipt by the National Cricket Federation and/or Player and/or any other person or entity of the Notice of Charge. The request must also state how the National Cricket Federation and/or Player and/or other person or entity responds to the charge(s) and must explain (in summary form) the basis for such response. 7.4.2 If a National Cricket Federation or Player or other person or entity fails to file a written request for a hearing before a Judicial Commissioner by the deadline specified in Article 7.4.1, then it/he/she shall be deemed to have: (a) waived its/his/her entitlement to a hearing; and (b) admitted that it/he/she has committed the offence(s) under these Regulations specified in the Notice of Charge. 7.4.3 In such circumstances, a hearing before the Judicial Commissioner shall not be required. Instead, the ICC’s General Counsel shall promptly issue a public decision confirming the offence(s) under these Regulations specified in the Notice of Charge and the imposition of an applicable sanction from within the range specified in the Notice of Charge. 67.4.4 Where the National Cricket Federation and/or Player and/or other person or entity does request a hearing in accordance with Article 7.4.1, the matter shall proceed to a hearing in accordance with Article 8. ARTICLE 78 THE DISCIPLINARY PROCEDURE BEFORE THE JUDICIAL COMMISSIONER 8.1 Hearings under these Regulations 8.1.1 Where the ICC alleges that a National Cricket Federation and/or Player and/or any other person or entity has committed an offence under these Regulations, and the National Cricket Federation and/or Player and/or other person or entity denies the allegation, and/or disputes the sanctions to be imposed for such offence under these Regulations, then the matter shall be referred to the Judicial Commissioner (who shall not be from the same country as that represented by any relevant National Cricket Federation) who shall hear the case sitting alone. 8.1.2 The Judicial Commissioner shall convene a preliminary hearing with the ICC and its legal representatives, together with the National Cricket Federation and/or Player and/or other person or entity and its/his/her legal representatives (if any). The preliminary hearing should take place as soon as possible by telephone conference call unless the Judicial Commissioner determines otherwise. 8.1.3 The purpose of the preliminary hearing shall be to allow the Judicial Commissioner to address any issues that need to be resolved prior to the hearing date. In particular (but without limitation), the Judicial Commissioner shall: 8.1.3.1 determine the date(s) upon which the full hearing shall be held. Save in exceptional circumstances or where the parties otherwise agree, the full hearing should take place no longer than thirty (30) days after the receipt by the National Cricket Federation and/or Player and/or other person or entity of the Notice of Charge; 8.1.3.2 establish dates reasonably in advance of the date of the full hearing by which: (a) the ICC shall submit an opening brief with argument on all issues that the ICC wishes to raise at the hearing and a list of the witnesses that the ICC intends to call at the hearing (and a summary of the subject areas of the witness’s anticipated testimony), and enclosing copies of the exhibits that the ICC intends to introduce at the hearing; (b) the National Cricket Federation and/or Player and/or other person or entity shall submit an answering brief, addressing the ICC’s arguments and setting out argument on the issues that it/he/she wishes to raise at the hearing, as well as a list of the witnesses that it/he/she intends to call at the hearing (and a summary of the subject areas of the witness’s anticipated testimony), and enclosing copies of the exhibits that he/she intends to introduce at the hearing; and (c) the ICC may (at its discretion) submit a reply brief, responding to the answer brief of the National Cricket Federation and/or Player and/or other person or entity and listing any rebuttal witnesses that the ICC intends to call at the hearing (and a summary of the subject areas of the witness’s anticipated testimony), and enclosing copies of any other exhibits that the ICC intends to introduce at the hearing; and 8.1.3.3 make such order as the Judicial Commissioner shall deem appropriate in relation to the production of relevant documents and/or other materials between the parties. 8.1.4 Subject to the discretion of the Judicial Commissioner to order otherwise for good cause shown by either party, or unless otherwise agreed between the parties, hearings before the Judicial Commissioner shall: (a) take place at the ICC’s headquarters in Dubai, United Arab Emirates; and (b) be conducted on a confidential basis. 8.1.5 Each of the ICC and the National Cricket Federation and/or Player and/or other person or entity (as applicable) has the right to be present and to be heard at the hearing to be represented at the hearing by legal counsel of its/his/her own choosing. Where there is compelling justification for the non-attendance by any party or representative at the hearing, then such party or representative shall be given the opportunity to participate in the hearing by telephone or video conference (if available). 8.1.6 Without prejudice to Article 8.2.2.2, the National Cricket Federation and/or Player may choose not to appear in person at the hearing, but instead provide a written submission for consideration by the Judicial Commissioner, in which case the Judicial Commissioner shall consider the submission in its deliberations. However, the non-attendance of the National Cricket Federation and/or Player and/or other person or entity (or its/his/her representative) at the hearing, after proper notice of the hearing has been provided, without compelling justification, shall not prevent the Judicial Commissioner from proceeding with the hearing in its/his/her absence, whether or not any written submissions are made on its/his/her behalf. 8.1.7 The procedure followed at the hearing shall be at the discretion of the Judicial Commissioner, provided that the hearing is conducted in a manner which offers the National Cricket Federation and/or Player and/or other person or entity a fair and reasonable opportunity to present evidence (including the right to call and to question witnesses by telephone or video-conference where necessary), address the Judicial Commissioner and present its/his/her case. 8.1.8 Save where the Judicial Commissioner orders otherwise for good cause shown by either party, the hearing shall be in English, and certified English translations shall be submitted of any non-English documents put before the Judicial Commissioner. The cost of the translation shall be borne by the party offering the document(s). If required by the Judicial Commissioner, the ICC shall make arrangements to have the hearing recorded or transcribed (save for the private deliberations of the Judicial Commissioner). If requested by the National Cricket Federation and/or Player and/or other person or entity, the ICC shall also arrange for an interpreter to attend the hearing. The costs of transcription and interpretation shall be paid by the ICC, subject to any costs-shifting order that the Judicial Commissioner may make further to Article 8.3.3. 8.1.9 Notwithstanding anything in this Article 8, where an offence under Article 6 is alleged to have occurred during, or in relation to, an International Match that is played as part of an ICC Event (except the ICC Intercontinental Cup), the Judicial Commissioner may instigate an expedited process for the resolution of the disciplinary procedure. 8.2 Standard of Proof and Evidence 8.2.1 The burden of proof shall be on the ICC and the standard of proof in all cases brought under these Regulations shall be whether the Judicial Commissioner is comfortably satisfied, bearing in mind the seriousness of the allegation that is being made, that the alleged offence has been committed. This standard of proof in all cases shall be determined on a sliding scale from, at a minimum, a mere balance of probability (for the least serious offences) up to proof beyond a reasonable doubt (for the most serious offences). 8.2.2 The Judicial Commissioner shall not be bound by judicial rules governing the admissibility of evidence. Instead, facts relating to an offence under these Regulations may be established by any reliable means, including admissions. The following rules of proof shall be applicable at the hearing: 8.2.2.1 The Judicial Commissioner shall have discretion to accept any facts established by a decision of a court or professional disciplinary tribunal of competent jurisdiction which is not the subject of a pending appeal as irrebuttable evidence against the National Cricket Federation and/or Player and/or other person or entity to whom the decision pertained of those facts, unless the National Cricket Federation and/or Player establishes that the decision violated principles of natural justice. 8.2.2.2 The Judicial Commissioner may draw an inference adverse to the National Cricket Federation and/or Player and/or other person or entity who is asserted to have committed an offence under these Regulations based on his/her refusal, without compelling justification, after a request made in a reasonable time in advance of the hearing, to appear at the hearing (either in person or telephonically as directed by the Judicial Commissioner) and to answer any relevant questions. 8.3 Decisions of the Judicial Commissioner 8.3.1 The Judicial Commissioner shall announce his/her decision in writing, with reasons, as soon as possible after the conclusion of the hearing. That written decision will set out and explain: (a) with reasons, the Judicial Commissioner’s findings as to whether any offence(s) under these Regulations has/have been committed and what sanctions, if any, are to be imposed; and (b) the rights of appeal described in Article 10. Any such written decision will be provided to the National Cricket Federation and/or Player and/or other person or entity as soon as reasonably practicable. 8.3.2 The Judicial Commissioner shall have discretion to announce the substance of his/her decision to the parties prior to the issue of the written reasoned decision referred to in Article 8.3.1 where it deems appropriate. For the avoidance of doubt, however: (a) the Judicial Commissioner shall still be required to issue a written, reasoned decision in accordance with Article 8.3.1; and (b) the time to appeal pursuant to Article 10 shall not run until receipt of that written, reasoned decision. 8.3.3 The Judicial Commissioner has the power to make a costs order against any party to the hearing in respect of the costs of convening and of staging the hearing and/or in respect of the costs (legal, expert, travel, accommodation or otherwise) incurred by the parties in relation to the proceedings if it considers that such party has acted spuriously, frivolously or otherwise in bad faith. If it does not exercise that power, the ICC shall pay the costs of convening and of staging the hearing, and each party shall bear its own costs (legal, expert, travel, accommodation or otherwise). 8.3.4 Subject only to the rights of appeal under Article 10, the Judicial Commissioner’s decision shall be the full, final and complete disposition of the matter and will be binding on all parties. ARTICLE 9 SANCTIONS 9.1 Where the Judicial Commissioner determines that an offence under these Regulations has been committed, he/she shall be entitled to impose upon the National Cricket Federation and/or Player and/or other person or entity (as applicable) any one or more of the following sanctions that he/she deems appropriate, having regard to all of the circumstances of the case: 9.1.1 a caution, reprimand and/or warning as to future conduct; 9.1.2 in the case of the National Cricket Federation’s relevant cricket team, the adjustment, overturning or amendment of results achieved in, loss of points earned at, or disqualification from the International Match or ICC Event in relation to which the offence has been committed and/or the imposition of a suspension from participation in any future International Match(es) or ICC Events and/or the relegation/removal from any ICC World Cricket League Division (or qualifying tournament thereto); 9.1.3 in the case of a Player, the imposition of an appropriate period of Ineligibility (which may be imposed immediately or at such other point in time as may be appropriate in the circumstances, e.g. once the Player has subsequently qualified to play for the relevant country in accordance with the Regulations); and/or 9.1.4 such other sanctions as the Judicial Commissioner shall consider appropriate, having regard to all of the circumstances of the case (which may include, without limitation, a fine of such amount that the Judicial Commissioner considers appropriate). 9.2 Having determined that an offence under these Regulations has been committed, prior to determining the applicable sanction(s) that are to be applied under Article 9.1, the Judicial Commissioner will first determine the relative seriousness of the offence, including identifying all relevant factors that he/she deems to either aggravate or mitigate the nature of the offence, including (without limitation) whether or not: (a) the National Cricket Federation was aware that the relevant Player was not qualified to represent it (in the case of an offence under Article 6.1.1, 6.1.2, 6.1.4 or 6.1.5); (b) the National Cricket Federation and/or the Player and/or other person or entity has previously been found guilty of any similar offence under the Regulations or any predecessor regulations; and/or (c) the National Cricket Federation continued to select the Player to participate in (and the Player did, in fact, participate in) an International Match or ICC Event taking place after receipt by the National Cricket Federation of the Notice of Charge issued pursuant to Article 7.3. ARTICLE 10 APPEALS AGAINST DECISIONS OF THE JUDICIAL COMMISSIONER 10.1 Decisions made under these Regulations by the Judicial Commissioner: (a) that an offence has (or has not) been committed under these Regulations; and/or (b) to impose (or not impose) sanctions, including the appropriateness of the sanction imposed for an offence under these Regulations, may be challenged solely by appeal as set out in this Article 10. Such decision shall remain in effect while under appeal unless any Appeal Panel properly convened to hear the appeal orders otherwise. 10.2 The only parties who may appeal a decision of this nature shall be the relevant National Cricket Federation and/or Player (as applicable) or the ICC’s Chief Executive Officer (or his/her designee). 10.3 Any notice to appeal under this Article must be lodged with the ICC’s General Counsel within fortyeight (48) hours of receipt of the written decision of the Judicial Commissioner. Thereafter, the following will apply: 10.3.1 Within seven (7) days of receipt of a notice to appeal, the ICC’s General Counsel will appoint the Appeal Panel. 10.3.2 The provisions of Article 8, applicable to proceedings before the Judicial Commissioner, shall apply mutatis mutandis (ie with changes deemed to have been made as required to reflect the different context) to appeal hearings before the Appeal Panel. 10.3.3 The Appeal Panel shall hear and determine all issues arising from any matter which is appealed pursuant to this Article on a de novo basis, i.e. it shall hear the matter over again, from the beginning, without being bound in any way by the decision being appealed. For the avoidance of doubt, the Appeal Panel shall have the power to increase or decrease, amend or otherwise substitute a new decision on the appropriateness (or otherwise) of the sanction imposed at first instance by the Judicial Commissioner, provided that (if appropriate) any new sanction must be within the permitted range of sanctions set out in Article 9. 10.3.4 Appeal hearings pursuant to this Article should be completed expeditiously. Save where all parties agree or fairness requires otherwise, the appeal hearing shall be commenced no later than fourteen (14) days after the appointment of the Appeal Panel. 10.3.5 The Appeal Panel shall have the power to order some or all of the costs of the appeal proceedings (including the costs of holding the hearing, any interpretation costs, the legal and/or travel/accommodation costs of the Appeal Panel and/or any other relevant parties) to be paid by the appealing party if he/she considers that such party has acted spuriously, frivolously or otherwise in bad faith. 10.3.6 Any decision made by the Appeal Panel under this Article 10.3, shall be the full, final and complete disposition of the matter and will be binding on all parties. ARTICLE 11 AMENDMENT AND INTERPRETATION OF THE REGULATIONS 11.1 The Regulations may be amended from time to time by the Executive Board of the ICC, with such amendments coming into effect on the date specified by the ICC (as set out in Appendix 5). 11.2 The headings used for the various Articles of the Regulations are for the purpose of guidance only and shall not be deemed to be part of the substance of the Regulations or to inform or affect in any way the language of the provisions to which they refer. 11.3 The Regulations shall come into full force and effect on 20 October 2018 (the “Effective Date”). They shall not apply retrospectively to matters pending before the Effective Date. 11.4 If any Article or provision of these Regulations is held invalid, unenforceable or illegal for any reason, the Regulations shall remain otherwise in full force apart from such Article or provision which shall be deemed deleted insofar as it is invalid, unenforceable or illegal. 11.5 Any deviation from any provision of these Regulations and/or any irregularity, omission, technicality or other defect in the procedures followed by the ICC Eligibility Bodies will not invalidate any evidence, finding, procedure or decision unless it is shown to render the proceedings unreliable or to have caused a miscarriage of justice. 11.6 These Regulations are governed by and shall be construed in accordance with English law. Any disputes relating to the interpretation and/or application of these Regulations shall first be considered by the relevant ICC Eligibility Bodies in the discharge of their arbitral and/or appellate functions under these Regulations. Strictly subject thereto, any disputes relating to the interpretation and/or application of these Regulations shall be subject to the exclusive jurisdiction of the ICC’s Dispute Resolution Committee who shall hear such dispute in accordance with its Terms of Reference save that the matter shall be considered by a sole member of the Dispute Resolution Committee and shall be heard solely on the basis of written submissions. 11.7 No person employed, instructed or appointed by the ICC pursuant to these Regulations, including (without limitation) members of the ICC Eligibility Bodies, will be liable to any party for any act or omission unless it is actuated by malice or bad faith. 11.8 Where a matter arises that is not otherwise provided for in these Regulations, the ICC will take steps to resolve it in accordance with general principles of natural justice and fairness. APPENDIX 1 - DEFINITIONS Age Determination Documents. The documents required to be submitted to the ICC by a Player to verify his age along with the Age Determination Form as set out in that form. Age Determination Form. The Age Determination Form prepared by the ICC from time to time and circulated to all participating National Cricket Federations in advance of each relevant U19 Event. Appeal Commissioner. The independent person appointed by the ICC to perform the functions assigned to the Appeal Commissioner in these Regulations, who may be appointed from the ICC's Code of Conduct Commission or be such other suitably qualified independent person as the ICC may (in its absolute discretion) wish to appoint from time to time. Appeal Fee. As defined in Article 2.10.3. Appeal Panel. A panel of three persons appointed by the ICC to perform the functions assigned to the Appeal Panel in these Regulations, which panel may be constituted by members from the ICC's Code of Conduct Commission or other suitably qualified independent persons as the ICC may (in its absolute discretion) wish to appoint from time to time. Associate Member. Any National Cricket Federation with associate member status of the ICC. Attempt. Purposely engaging in conduct that constitutes a substantial step in a course of conduct planned to culminate in the commission of an offence under these Regulations. Certified Copy. A copy certified by the issuing authority of the document or by a lawyer, notary or other person of professional standing. The copy must be dated and signed and must include the following statement: “I certify that this is a true copy of the original [title of document] belonging to [Player’s name]”. This statement must be in English. Demand. As defined in Article 6.2. Designated Medical Officer. The person with appropriate knowledge and expertise, who is appointed from time to time by the ICC to act on its behalf in matters arising under Article 3 of these Regulations. Effective Date. As defined in Article 10.3. Exceptional Circumstances. Certain factors that, because of their exceptional, unique or unusual nature, can be relied upon by the Exceptional Circumstances Committee in the narrow circumstances described in these Regulations to permit the departure from the otherwise strict requirements of these Regulations. Exceptional Circumstances Committee. The ICC Committee made up of the following three people: (i) the ICC’s General Manager - Cricket (or his/her nominee); (ii) the ICC’s General Counsel (or his/her nominee); and (iii) the ICC’s Head of Global Development (or his/her nominee) and formed to preside over all matters relating to the application and implementation of the Regulations, as described herein. Expert Panel. The panel with appropriate knowledge and expertise, appointed from time to time by the ICC to perform the functions set out in Article 3 of these Regulations. Full Member. Any National Cricket Federation with full member status of the ICC. ICC. The International Cricket Council or its designee. ICC’s Chief Executive Officer. The person appointed by the ICC from time to time to act as the ICC’s Chief Executive Officer. ICC’s Code of Conduct Commission. An official committee of the ICC established, amongst other things, to enquire into conduct which is prejudicial to the interests of the game of cricket. Each member of the Code of Conduct Commission shall be independent of the ICC, which may provide reasonable compensation and reimbursement of expenses to such members. ICC Eligibility Bodies. Each of the Appeal Commissioner, Appeal Panel, Designated Medical Officer, Exceptional Circumstances Committee, Expert Panel, Judicial Commissioner, and U19 Event Technical Committee. ICC Events. Any event organised by, or on behalf of, the ICC from time to time which the ICC determines is an ICC Event, including, without limitation (and in each case in men’s or women’s, as applicable), the ICC Cricket World Cup; the ICC World Twenty20; the ICC World Test Championship Final; the ICC U19 CWC; the ICC U19 T20 WC and any qualifying event thereto; the ICC CWC Qualifying Tournament; and any global or regional qualifying event/tournament for any of the foregoing. ICC’s General Counsel. The person appointed by the ICC from time to time to act as the ICC’s General Counsel (or his/her designee). ICC Player Eligibility Database. A database maintained by the ICC’s Senior Cricket Operations Manager containing such player information as may be determined relevant for the purposes of these Regulations. ICC’s Senior Cricket Operations Manager. The person appointed by the ICC from time to time to act as the ICC’s Senior Cricket Operations Manager. ICC’s Tournament Director. The person appointed by the ICC from time to time to act as the Tournament Director for a relevant ICC Event (or his/her designee). ICC’s Women’s Cricket Officer. The person appointed by the ICC from time to time to act as the ICC’s Women’s Cricket Officer (or his/her designee). Ineligibility. Means the Player is barred for a specified period of time from participation in any capacity in any International Match. International Match. Each of the following (in men’s and women’s cricket): (a) any Test Match, One Day International Match or Twenty20 International Match; (b) any Match played as part of an ICC Event; (c) any other Match played between representative sides of any National Cricket Federation at Under 19 level or above; or (d) any other Match organised or sanctioned by the ICC from time to time to which the ICC deems it appropriate that the Regulations should apply. IOC. The International Olympic Committee. Judicial Commissioner. The independent person appointed by the ICC from the ICC Code of Conduct Commission, to perform the functions assigned to the Judicial Commissioner under the Regulations. Match. A cricket match of any format and duration in length played between representative teams (male or female) of two National Cricket Federations affiliated to the ICC. MTF Transgender Eligibility Conditions. As defined in Article 3.7. National Cricket Federation. A national or regional entity which is a member of or is recognised by the ICC as the entity governing the sport of cricket in a country (or collective group of countries associated for cricket purposes). Nationality Qualification Criteria. As defined in Article 2.1. Notice of Charge. As defined in Article 6.3. One Day International Match. As defined by the ICC Classification of Official Cricket as amended from time to time. Player. Any cricketer selected to represent a National Cricket Federation in any International Match or series of International Matches or, if the context so requires, any other cricketer whose eligibility for such selection falls to be determined in accordance with these Regulations. Resident. As defined in Article 2.1.3. Squad Registration Form. The Squad Registration Form prepared by the ICC from time to time in respect of each ICC Event Strict Liability Offence. A Strict Liability Offence is one where it is not necessary to demonstrate intent, knowledge, negligence or other fault on the part of the National Cricket Federation or Player in order to establish the commission of the offence; nor is the lack of intent, knowledge, negligence or other fault a valid defence to a charge of commission of the offence. For the avoidance of doubt, where the offence in question is admitted or established before a Judicial Commissioner, then (in accordance with Article 8.2) evidence of intent, knowledge, negligence or other fault (or lack thereof) may be relevant to the issue of what sanction(s) should be imposed. Test Match. As defined by the ICC Classification of Official Cricket as amended from time to time. Transgender. As defined in Article 3.2. Twenty20 International Match. As defined by the ICC Classification of Official Cricket as amended from time to time. U19 CWC. The ICC Under 19 Men’s Cricket World Cup. U19 CWCQ. Each ICC Under 19 Cricket World Cup Regional Qualifying tournament to which the ICC deems it appropriate for this Policy to apply. U19 Event. Each or any of the following: (a) the U19 CWC; (b) the U19 CWCQ and (c) the U19 T20 WC and any qualifying tournament thereto. U19 Event Technical Committee. The U19 Event Technical Committee (as appointed from time to time). U19 T20 WC. The ICC Under 19 Women’s Twenty20 World Cup. APPENDIX 2 – DOCUMENTS TO BE FILED TO PROVE SATISFACTION OF NATIONALITY QUALIFICATION CRITERIA NOTE: In the case of Associate Members whose representative teams are participating in a particular ICC Event, the following information and documentation must (where applicable) be filed at the same time as the Squad Registration Form applicable for the relevant ICC Event is filed with the ICC’s Tournament Director. Nationality Qualification Criteria (Article 2.1): RELEVANT ARTICLE DOCUMENTS REQUIRED TO PROVE SATISFACTION OF NATIONALITY QUALIFICATION CRITERIA Article 2.1.1: the Player was born in the country whose domestic cricket governing body is the National Cricket Federation. • A. Copy of the title page of passport and relevant page showing place of birth; OR • B. Copy of official birth certificate Either A or B - MANDATORY Article 2.1.2: at the date of submission of the relevant information to the ICC, the Player is able to demonstrate (by his/her possession of a valid passport issued by the relevant country) that he/she is a national of the country whose domestic cricket governing body is the National Cricket Federation. Copy of the title page of passport and relevant page showing nationality – MANDATORY Article 2.1.3: at the date of submission of the relevant information to the ICC, the Player is a Resident of the country whose domestic cricket governing body is the National Cricket Federation. • A. The ICC’s template form titled ‘Data Summary for Resident Players’, attached at Appendix 3, properly completed and signed by the relevant National Cricket Federation and Player; AND • B. Any three of the following documents o copy of Passport with entry dates stamped; o driver’s licence; o utility bills with name and address (e.g. water, gas, electricity, landline telephone) spanning the three year period; o employment contract; o income tax return documents; o pay slip from employer; o working visa; o bank statements; o rental/lease agreement for home; o mortgage agreement; o property purchase/bill of sale; o naturalization card (i.e. green card); o vehicle registration document; o school record/transcription; o social security or medical insurance card. A and B are MANDATORY • Any other relevant information that confirms that the Player has had his/her primary and permanent home in the relevant country over the immediately preceding three years. APPENDIX 3 – DATA SUMMARY FORM FOR RESIDENT PLAYERS A Data Summary Form (in the form set out in this Appendix) must be completed on official letterhead of the applicable National Cricket Federation for each Player seeking to qualify as a ‘Resident’ for a particular country. In the case of Associate Members whose representative teams are participating in a particular ICC Event, it must be filed with the ICC Tournament Director at the time of filing the Squad Registration Form. NOTE: This Form has been prepared in such a way so that it can remain ‘live’ for all Players, thereby avoiding unnecessary duplication of information for subsequent applications. If it becomes necessary to make a subsequent application, then the National Cricket Federation needs only to add in the new information where appropriate and re-calculate using the subsequent filing date of the Squad Registration Form as the starting point from which to work backwards (see instructions below). Dear International Cricket Council, Date Of Submission: Tournament (Including Dates): Full Name of Player as per Passport: Date of Birth: Player’s Nationality: Please complete the form overleaf by following the steps described below, having due regard to the example form provided: - STEP 1: Complete Box A (‘General Record of Residency’) with a full record of residency in (and absences from) the relevant country, starting with the earliest period of residency and working forward in chronological order to date. NOTE: For subsequent applications, this record of residency need only be supplemented with the most recent information, which should continue to be added to the bottom of the existing record already contained in Box A. - STEP 2: Insert the due date of submission of the Squad Registration Form. NOTE: For subsequent applications, the due date of submission of the Squad Registration Form will be different to that which applies for the purposes of the original application. It will therefore need to be replaced with the new due date of submission. - STEP 3: Complete the first column of Box B (‘Relevant Residency’) with the dates of the relevant years to which the application applies, working in reverse order from the due date of submission of the Squad Registration Form. NOTE: For example, where the due date of submission of the Squad Registration Form is 1 April 2018, then: (i) YEAR ONE will be 2 April 2017 – 1 April 2018; (ii) YEAR TWO will be 2 April 2016 – 1 April 2017; and (iii) YEAR THREE will be 2 April 2015 – 1 April 2016. NOTE: For subsequent applications where the due date for submitting the Squad Registration Form is different, the relevant years for the purposes of the application will also be and need to be replaced with the correct years. - STEP 4: Using the information provided in Box A, complete Box B with the details of the relevant residency in each of the relevant years. NOTE: For subsequent applications, because the relevant years will be different to that of the original application (see above), the relevant residency in each year may also need to be recalculated and replaced. - When completing the form, please note that days on which a Player departs from and/or arrives into the relevant country shall not be treated as an absence from that country. EXAMPLE FORM: etc BOX A: GENERAL RECORD OF RESIDENCY: DATE OF EXIT DATE OF ENTRY TOTAL NUMBER OF DAYS OUT OF COUNTRY REASON FOR ABSENCE 1 January 2014 15 January 2014 13 Vacation 15 April 2014 20 April 2014 4 Visiting relatives 1 February 2015 1 May 2015 88 Playing cricket overseas for X Club 12 October 2016 20 October 2016 7 Vacation 1 November 2017 11 January 2018 70 Playing cricket overseas for Y Club 15 February 2018 25 February 2018 9 Vacation DUE DATE OF SUBMISSION OF SQUAD REGISTRATION FORM: BOX B: RELEVANT RESIDENCY: RELEVANT YEAR FROM TO TOTAL NUMBER OF DAYS OUT OF COUNTRY TOTAL NUMBER OF DAYS IN COUNTRY YEAR: ONE 2 April 20017 1 April 2018 * 79 286 YEAR: TWO 2 April 2016 1 April 2017 7 358 YEAR: THREE 2 April 2015 1 April 2016 29 336 * The date to be inserted here is the due date of submission of the Squad Registration Form. 1 April 2018 * BOX A: GENERAL RECORD OF RESIDENCY: DUE DATE OF SUBMISSION OF SQUAD REGISTRATION FORM: BOX B: RELEVANT RESIDENCY: * The date to be inserted here is the due date of submission of the Squad Registration Form. Additional documents should be attached to this Data Summary Form to confirm that the Player has been in the relevant country for the relevant period of time (including, at least three of the mandatory documents set out in Appendix 2 of the Regulations). Please list all attachments below: ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ DATE OF EXIT DATE OF ENTRY TOTAL NUMBER OF DAYS OUT OF COUNTRY REASON FOR ABSENCE continue if necessary… RELEVANT YEAR FROM TO TOTAL NUMBER OF DAYS OUT OF COUNTRY TOTAL NUMBER OF DAYS IN COUNTRY YEAR: * YEAR: YEAR: ____________ * ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________ Print Name of Player: Signature of Player: Date: Print Name of President/Chairman of National Cricket Federation: Signature: Date: By signing this document I hereby confirm that all of the information provided (including any underlying supporting materials) is true, valid and accurate as at the date of signature and that I have had an opportunity to review the ICC’s Player Eligibility Regulations in order to familiarise myself with the relevant criteria, offences and sanctions that may apply. Where clarification in relation to any aspect of the ICC’s Player Eligibility Regulations is required, please contact the relevant person whose details are set out on the front page of that document. APPENDIX 4 – EXCEPTIONAL CIRCUMSTANCES APPLICATION FORM Where a National Cricket Federation wishes to make an application pursuant to Article 5.1 of the ICC’s Player Eligibility Regulations, then such application must be made on the following form as soon as possible and, in any event, no later than sixty days prior to the relevant International Match or first match of the relevant ICC Event. Player Information: Full Name as per Passport: Date of Birth: Country of Birth: Nationality as per Passport: Other Countries Represented (please provide details): International Match or ICC Event Details: Match / Event Name: Match / Event Start Date: National Cricket Federation making this application: Please consider carefully the nature of your application and attach all of the applicable and relevant forms/details (as suggested below) in order to provide the clearest possible explanation for, and background to, the Exceptional Circumstances application, including why any such application should be granted. The following are attached to this application to assist the Exceptional Circumstances Committee in arriving at its decision: [Double click box and select ‘Checked’ (where applicable)] Passport/Birth Certificate Copy – MANDATORY IN ALL CASES Letter of support from parents/guardians of a player under 15, which letter should include confirmation of the player’s date of birth and confirmation that the parents/guardians have no objection to the player participating in the relevant match or event, if required; Complete Data Summary for Resident Players (Appendix 3), if required; Information confirming the Player has been in the country for the relevant period of time, if required; Any three of the following documents, if required by Appendix 2: copy of Passport with entry dates stamped; driver’s licence; utility bills with name and address (e.g. water, gas, electricity, landline telephone) spanning the three year period; employment contract; income tax return documents; pay slip from employer; working visa; bank statements; rental/lease agreement for home; mortgage agreement; property purchase/bill of sale; naturalization card (i.e. green card); vehicle registration document; school record/transcription; social security or medical insurance card; Any other relevant information (please specify): _____________________________________________ ______________________________________________ _________________________ ______________________________________________ _________________________ ______________________________________________ _________________________ Why is this Player not eligible under the ICC Player Eligibility Regulations? Please provide in the following box a detailed explanation of why this Player does not satisfy the applicable criteria, giving as much information as possible: Please provide in the following box a detailed explanation of which of the applicable criteria that this Player does meet, giving as much information as possible: Why should this Player qualify for ‘Exceptional Circumstances’? In addition to providing all of the relevant documentation described above, please set out below all of the relevant factors that, because of their exceptional, unique or unusual nature, the National Cricket Federation believes should be taken into account when determining whether to depart from the otherwise strict eligibility requirements: NOTE: Where an application is being made on the ground that Exceptional Circumstances exist to justify the departure from the otherwise strict requirements in relation to residency, please ensure that a completed Data Summary Form for Players (Appendix 3) and copies of any other relevant documents (including those listed in Appendix 2) are attached to this application and, in the space below, provide a full explanation for each of the absences from the relevant country identified in the Data Summary Form. Print Name of Player: Signature of Player: Date: Print Name of President/Chairman of National Cricket Federation: Signature: Date: By signing this document I hereby confirm that all of the information provided (including any underlying supporting materials) is true, valid and accurate as at the date of signature and that I have had an opportunity to review the ICC’s Player Eligibility Regulations in order to familiarise myself with the relevant criteria, offences and sanctions that may apply. Where clarification in relation to any aspect of the ICC’s Player Eligibility Regulations is required, please contact the relevant person whose details are set out on the front page of that document. APPENDIX 5 – AMENDMENTS The following amendments have been approved by the ICC Board in accordance with Article 11.1 with effect from the dates set out below: 1. Amendments with effect from 12 April 2021 (with other consequential minor amendments (e.g., cross references, re-numbering): (a) The Introduction was amended as follows: The ICC is the international federation responsible for the global governance of the sport of cricket and the Player Eligibility Regulations (the “Regulations”) are adopted and implemented in order to: (a) clarify the criteria relating to the eligibility of Players on the basis of nationality to represent National Cricket Federations in International Matches and ICC Events; (b) clarify (i) the minimum age eligibility for Players playing in International Matches and ICC Events and (ii) the age determination policy for Players seeking to represent a National Cricket Federation in an U19 Event; (c) facilitate the participation of Transgender players at the international level of the sport in the category of competition that is consistent with their gender identity; and (d) provide guidance as to the procedures that need to be followed and documents that need to be produced when applying the eligibility criteria set out herein. (b) The comment box in Section 2B was moved to below Article 1.4 and amended as follows: COMMENT: For the purposes of these Regulations, the following matches shall not constitute an ‘International Match’: - Other than in respect of Article 4.1, any Under-19 national team (or similarly branded U19 XI) match which has been bi-laterally arranged between National Cricket Federations and/or their members, clubs etc; - any national “A” team, “B” team, ‘Academy XI’, ‘Development XI’, ‘Chairman’s XI’ or other similarly branded non-first XI match which has been bi-laterally arranged between National Cricket Federations and/or their members, clubs etc; - any short-form format of the game other than Twenty20 International Matches and T10 Matches played between representative sides of National Cricket Federations, for example, six-a-side cricket, and beach cricket. so that: (i) no time restriction under Article 2.2 shall be applied to any Player that has only ever represented a National Cricket Federation in any of the matches described herein before he/she is eligible to qualify to play for another National Cricket Federation; and (ii) where a Player has previously played for a National Cricket Federation in an International Match, he/she shall only be eligible to qualify to play for another National Cricket Federation after the full three year period following the Player’s last participation (as a member of a starting XI or as a playing or non-playing official substitute) in an International Match for the original National Cricket Federation has elapsed. For clarity, the definition of International Match for the purposes of the minimum age requirement set out in Article 4.1 shall include any Under-19 national team (or similarly branded U19 XI) which has been bi-laterally arranged between National Cricket Federations and/or their members, clubs etc. (c) Article 4.1 was added to the Regulations, together with its accompanying explanatory note and the subsequent Articles were renumbered. 4A Minimum Age Eligibility 4.1 A Player will only be eligible to represent a National Cricket Federation in an International Match (including ICC Events and U19 Events) if he/she is aged 15 or over on the relevant squad submission date (in the case of ICC Events including U19 Events) or on the date of the first match of the series/tournament to the played (in the case of all other International Matches). NOTE: In order to safeguard the welfare of minors playing in International Matches (including when travelling and to ensure their physical safety), the ICC has agreed to introduce a minimum age of 15 for all Players playing in International Matches at U19 level and above, whether as part of an ICC Event or otherwise. However, the ICC acknowledges that in certain exceptional circumstances there may be justifications for allowing someone younger than 15 to play in an International Match. Where a National Cricket Federation considers that exceptional circumstances exist to justify allowing a Player younger than 15 to play in an International Match, it may be open for the Exceptional Circumstances Committee to make such a determination pursuant to Article 5 of these Regulations. Factors that the Exceptional Circumstances Committee may take into account in considering an application pursuant to Article 5.1 include, without limitation: (a) where the Player’s playing experience, mental development and wellbeing demonstrates that they would be capable of coping with the demands of playing international cricket; and (b) where the Player’s physique and strength is sufficiently well developed to allow them to cope with the demands of international cricket and the opponents they are likely to face. Any such application to the Exceptional Circumstances Committee must include a letter of support from the Player’s parents/legal guardians confirming the player’s date of birth and confirming that the parents/guardians have no objection to the player participating in the relevant International Match or ICC Event. In line with Article 6.5 below, it will be open to the Exceptional Circumstances Committee in circumstances where they grant exceptional circumstances to allow a Player under 15 to play in an International Match to impose such conditions as they consider necessary to ensure the safety and welfare of the Player concerned. (d) Articles 4.2 and 4.3 were amended as follows: Eligibility for ICC U19 Events 4.2 A Player will be eligible to represent a National Cricket Federation in an ICC U19 CWC or ICC U19 T20 WC if he/she is aged under 19 (i.e. he/she is younger than 19 years of age) on the 31 August immediately preceding the date on which the first match in the relevant U19 CWC or U19 T20 WC is due to take place. For the avoidance of doubt, this means the Player’s age at midnight (in the country of birth) at the changeover from the 31st of August to the 1st of September immediately preceding the event. NOTE: For example, in order to be eligible to represent a National Cricket Federation in the 2018 U19 CWC, scheduled to commence on 13 January 2018, a Player would need to be under 19 on 31 August 2017, i.e. he/she would need to have been born on or after 1 September 1998. A Player born on 15 September 1998 would be 18 on 31 August 2017 (i.e. he/she would be under 19) and therefore eligible to represent a National Cricket Federation in the 2018 U19 CWC. 4.3 A Player will be eligible to represent a National Cricket Federation in an ICC U19 CWCQ or any qualifying tournament for an ICC U19 T20 WC if, based on the criteria set out in Article 4.2 above, he/she will be eligible to compete in the U19 CWC or ICC U19 T20 WC to which that qualifying tournament relates. (e) Section 2C – Exceptional Circumstances – was moved in its entirety to new Article 5 and amended as follows: 5.1 The following may each be exclusively submitted to the Exceptional Circumstances Committee by the relevant National Cricket Federation for consideration and determination as to whether Exceptional Circumstances exist: 5.1.1 to justify a Player’s qualification as a Resident for the purposes of participating in an International Match or ICC Event for a representative side of a National Cricket Federation in accordance with Article 2.1.3; 5.1.2 to justify granting an exemption from full compliance with any of the Nationality Qualification Criteria described in Article 2.1 for any particular International Match or ICC Event; or 5.1.3 to justify the participation of a Player under the age of 15 in an International Match or ICC Event. … 5.4 The Exceptional Circumstances Committee shall be free to take into account all matters which it deems to be relevant to the application but will not consider itself to be bound by any previous decisions on similar sets of facts. It will evaluate and make a decision as quickly as is reasonably practicable based only upon the documentation that has been presented to it. In the meantime, the National Cricket Federation shall not assume that its application for Exceptional Circumstances will be granted by a particular time, or at all. The Exceptional Circumstances Committee may, on a case-by-case basis, obtain such external third-party advice (e.g. from experts, consultants, lawyers etc) as it deems reasonably necessary to assist in the proper performance of its duties and functions. (f) Article 11.1 was amended as follows: 11.1The Regulations may be amended from time to time by the Executive Board of the ICC, with such amendments coming into effect on the date specified by the ICC (as set out in Appendix 5). (g) The definitions were amended as follows: ICC Events. Any event organised by, or on behalf of, the ICC from time to time which the ICC determines is an ICC Event, including, without limitation (and in each case in men’s or women’s, as applicable), the Each of the following: (a) the ICC Cricket World Cup; (b) the ICC World Twenty20; the ICC World Test Championship Final; (c) the ICC Champions Trophy; (d) the ICC World Cricket League Championship and Divisions 2-5 (inclusive), together with any regional qualifying events thereto; (e) the ICC Women’s Cricket World Cup; (f) the ICC U19 CWC; the ICC U10 T20 WC and any qualifying event thereto; (g) the ICC World Cup CWC Qualifying Tournament; (h) the ICC Women’s Cricket World Cup Qualifying Tournament, together with and any global or regional qualifying event/tournament for any of the foregoing. Events thereto; (i) the ICC World T20 Qualifying Tournament; (j) the U19 CWCQ, together with any regional qualifying events thereto; (k) the ICC Intercontinental Cup; and (l) any other event organised or sanctioned by the ICC from time to time to which the ICC deems it appropriate that the Regulations should apply. U19 CWC. The ICC Under 19 Men’s Cricket World Cup. U19 CWCQ. Each ICC Under 19 Cricket World Cup Regional Qualifying tournament to which the ICC deems it appropriate for this Policy to apply. U19 Event. Each or any of the following: (a) the U19 CWC; (b) the U19 CWCQ and (c) the U19 T20 WC and any qualifying tournament thereto. U19 Event Technical Committee. The U19 Event Technical Committee (as appointed from time to time). U19 T20 WC. The ICC Under 19 Women’s Twenty20 World Cup. (h) Appendix 4 was amended as follows: Passport/Birth Certificate Copy – MANDATORY IN ALL CASES Letter of support from parents/guardians of a player under 15, which letter should include confirmation of the player’s date of birth and confirmation that the parents/guardians have no objection to the player participating in the relevant match or event, if required; Complete Data Summary for Resident Players (Appendix 3), if required;