New IBCA Constitution as adopted at the IBCA Congress in Rhodes, Greece on October 22, 2021

International Braille Chess Association

New IBCA Constitution as adopted at the IBCA Congress in Rhodes, Greece on October 22, 2021

Statutes of the World Chess Federation for the Blind and Visually Impaired – International Braille Chess Association – IBCA, founded 1958, Germany. These statutes were proposed at the IBCA Congress on April 2019 in Italy.

IBCA moto: ‘Together We Can’

Contents

01 – Statutes, Principles and Aims of IBCA           (Page 2)
02 – IBCA Membership           (Page 4)
03 – IBCA Officials and organs           (Page 7)
04 – The IBCA Congress           (Page 8)
05 – The Executive Board           (Page 13)
06 – Continental Association           (Page 13)
07 – The Presidential Board           (Page 14)
08 – The Commissions of IBCA           (Page 15)
09 – The President           (Page 15)
10 – The General Secretary, Treasurer, Vice Presidents of IBCA           (Page 16)
11 – Removal from Office           (Page 16)
12 – Final Settlement of Disputes           (Page 17)
13 – Blindness Classifier           (Page 17)
14 – Final Matters           (Page 19)
Annex           (Page 19)
Electoral Regulations           (Page 19)

01 Statutes, Principles and Aims of IBCA

1.1 If there is a mentioning of “he” in the statutes, this is gender-neutral and means that he also stands for she.

1.2 The World Chess Federation for blind and visually impaired or International Braille Chess Association (referred as IBCA), is a non-governmental organization founded in 1958 in Germany, recognized by its members and The World Chess Federation or
Federation Internationale des Echecs- FIDE as the International Chess Federation for blind and visually impaired, the supreme body responsible for the promoting of braille chess and its Championships.Braille chess can be defined as visually impaired or blind players that play chess taking in account the supplement of the FIDE rules that has been created to meet their needs to play chess on an equal footing with sighted players.

1.3 IBCA has the sole rights to organize the World Chess Championships for blind and visually impaired, the Chess Olympiads for blind and visually impaired, Continental Chess Championships for blind and visually impaired, World Team Championships for blind and visually impaired and participate in FIDE chess championships.

1.4 IBCA unites National Chess Federations of blind and visually impaired throughout the world and oversees all International competitions.

1.5 IBCA is an association registered in France: Association number: W433006663. Head Office: lieu-dit Coteviere, 43110 Aurec-sur-Loire, France

1.6 IBCA is concerned exclusively with chess activities. IBCA is democratically established and bases itself on the principles of equal rights of its members. IBCA is a non-profit making organization. It rejects discriminatory treatment for national, political, racial, social or religious reasons or on account of gender. It observes strict neutrality in the internal affairs of the National Chess Federations.

1.7 Chess is one of the most ancient, intellectual and cultural games. It is a combination of sport, of scientific thinking and of elements of art. The chess has special relevance for blind and visually impaired persons. Chess is the only game where the blind and visually impaired persons can play at par with their sighted counterparts.

1.8 The purpose and aims of IBCA are the diffusion and development of Braille chess among all nations of the world, as well as the raising of the level of chess culture and knowledge on a sporting, scientific, creative, educational and cultural basis. IBCA supports a close international cooperation of the chess devotees in all fields of chess activity, thereby also aiming to improve friendly harmony among all peoples of the world.

1.9 The practice of the game of braille chess in all its ramifications is fully recognized as sport by the FIDE in 1973 and therefore any form of practice of the game of chess for blind and visually impaired and any decision thereon by IBCA or any form of activity relating thereto either directly or indirectly falls within the definition of sport.

1.10 IBCA issues the rules of chess and the provisions pertaining to the organization of the World Chess Championships and all other IBCA chess competitions. It awards the international chess titles for braille chess. It decides on the regulations for all IBCA competitions and determines the conditions for the award of international titles for Braille chess.

1.11 IBCA competitions are in general open to players of both sexes. A competition described as a women’s event is reserved for women players, but women players are entitled to compete in events described as open events.

1.12 English is the official language of IBCA. The only official version of written IBCA documents, such as rules and regulations, invitations and other announcements, shall be in English. In principle, all IBCA meetings shall also be held in English. However, in oral communication additional languages may be used for practical reasons. Insufficient proficiency in English should not exclude a person from functioning as a Congress delegate.

1.13 The IBCA Logo is a The IBCA flag is the IBCA logo measuring 3ft by 2ft. or in proportion thereto.

02 – IBCA Membership

A – Member Federations
2.1. Members of IBCA are National Braille Chess Federations which means organizations dedicatedly established by or for the promotion of braille chess for blind and visually impaired which have principal authority over braille chess activities in their own countries and which have been admitted to IBCA as member-federations, if they acknowledge the IBCA Statutes and develop activities not contrary to those statutes. Only one federation of each country can be affiliated to IBCA. A sub-committee or organization not working dedicatedly for disability cannot become IBCA member as ‘National Federation for Braille Chess’.

2.2. In addition, IBCA can grant the status of provisional member to braille chess federations. For new members, the country of the federation (with the same boundaries) must be a country or territory that is a member of the FIDE or International Olympic Committee.

2.3. The admission of a national chess federation as a member is effected through an application. This application is to be submitted to the IBCA Secretariat. The provisional admittance is decided upon by the Executive board. Final admittance as a member is pronounced by the IBCA Congress after examination of the preconditions for admittance by the Executive Board. The application for admission must include all data, which will make evident that the statutory purpose and the previous activities of the applicant are in conformity with the IBCA Statutes. The application for admission shall be accompanied by the official questionnaire of IBCA approved by the IBCA Congress, completely filled out, together with a copy of the Statutes of the Federation, approved or recognized by the authorities of the country, if the country’s law so requires. Decisions on the final admission of new federations shall be made before any other order of business, except elections. A new member can fully participate in all meetings of IBCA, including the right to vote, from the moment it is accepted for membership.

2.4. Each member federation has one vote in the IBCA Congress; they are entitled to make use of the right to vote; they are authorized to submit proposals to IBCA; they are entitled to participate in all IBCA events, according to the regulations; they are also authorized to scrutinize the financial management of IBCA.

2.5. The members must acknowledge and observe the statutes, regulations, resolutions and decisions of IBCA. They are also obliged to pay the membership fees and the other IBCA contributions fixed by the IBCA congress at the designated time. Moreover, they are obliged to support IBCA actively in all chess activities. Each member Federation is required to send to the Secretariat any changes in its address or officers within one month of such change. Each member is required to send to the Secretariat at the latest by April 1st of each year a report containing the following information:

  1. The name, address and email address of the Federation;
    b. The name and email address of the President (who, regardless of his title within the Federation, shall be referred to as such within these Statutes and any other IBCA regulations);
    c. The name and email address of the General Secretary;
    d. The name and email address of the officer who is the intermediary between the member and IBCA (the Delegate);
    e. The names of the National Champions;
    f. The title and address of the official bulletin, if any;
    g. The numbers of players belonging directly or indirectly to the federation on January 1st of the year in question, or, if this is not possible, at the end of the previous fiscal year; When a Federation does not supply the data mentioned in sub (g), the Secretariat shall determine the number of members, after consultation with the President of the Zone. The same procedure shall be applied when the data given by the Federation contains obvious mistakes.

2.6. Members not fulfilling the duties mentioned in art. 2.4 may be temporarily excluded from IBCA by a decision of the IBCA Congress/Executive Board/Presidential Board and permanently excluded from IBCA by a decision of the IBCA Congress. A member in arrears in the fulfilment of its financial obligations towards IBCA may be temporarily excluded by the Presidential Board, Executive Board or IBCA Congress. This temporary exclusion shall be annulled if the temporarily excluded member has fulfilled its financial obligations 60 days before the IBCA Congress following the temporary exclusion. No participation in any IBCA event or meeting will be permitted during the exclusion period. Payments made after the 60 days but before the IBCA Congress will not allow participation without a majority approval of the IBCA Congress.

The Treasurer shall include information in his report on those Federations that should be temporarily or permanently excluded.

A temporary exclusion made by the Presidential Board or Executive Board shall be submitted to the next IBCA Congress, which will decide on the permanent exclusion of the negligent Federation. This must be an agenda item prior to any election. In other matters a permanent exclusion can be ruled by the IBCA Congress only if the member is guilty of a severe offence against the statutes, regulations, resolutions or decisions, or acts against the principles of IBCA, taking into account the opinion of the Executive board or Ethics Commission. This must be an agenda item prior to any election.

2.7. The members have the right to withdraw from IBCA. The Secretariat must be informed in writing of the withdrawal at the latest three months in advance. Payment of membership fees and all other contributions remains obligatory until the date of withdrawal becomes effective. Membership fees or other contributions will not be refunded if a member withdraws or is excluded.

2.8 A provisional member is a federation that has been accepted as a member by the executive board but has not been approved yet as a member by Congress. A provisional member has all the rights and obligations of a full member except that a provisional member does not have the right to vote in the IBCA Congress nor are its representatives eligible to stand for IBCA offices. The rules for withdrawal or exclusion are the same as for full members. If a provisional member has not achieved full membership status within five years, then the provisional membership may be reconfirmed for another five year period by the IBCA Congress, failing in this will cease the provisional membership automatically.

B – Associate members – Organizations and Individuals

2.9 Organizations are:
a. Organizations which support or help IBCA achieving its aims and objectives. For example but not limited to equipment manufacturers, software developers, coaching institutes, publishers, research institutes etc.

  1. Associate membership of such organizations are decided by the IBCA Congress. They have a right to attend the Congress as observers but with no voting rights.

2.10. Individual members are:
a. Honorary members and Honorary Presidents of IBCA who are nominated as such because of their special contribution to world-wide chess.
b. Life members and Friends of IBCA are persons who have made a financial or severe contribution to IBCA, as decided by the IBCA Congress. The IBCA congress decides on individual members. Individual members have a right to attend the Annual Congress as observers but with no voting rights. Only a former President of IBCA can be nominated as Honorary President. When a new Honorary President is named by the IBCA Congress, he will replace previous holder. There can be just one Honorary President at a time.

03 – IBCA Officials and Organs

3.1. The IBCA officials and organs are :

Officials:
a. The President ( 1)
b. The First Vice President ( 1)
c. The Second Vice President ( 1)
d. The General Secretary ( 1)
e. The Treasurer ( 1)
f. The Continental representative ( 4, 1 from each continent 1 Asia + New-Zealand and
Australia, 2 Africa, 3 Europe and 4 America)
g. The Executive members ( 3)
h. The Chairmen of Commissions

Organs
i. The IBCA Congress
j. The Executive Board

  1. The Presidential Board
    l. The Secretariat
    m. The elected and appointed Commissions

3.2. The President and all other IBCA officials and organizations are either elected by the IBCA Congress or appointed (i.e. nominated by the President and confirmed by the IBCA Congress or Executive board) for a period of four years. If the IBCA Congress in the election year is held before or after the 4-year period expires, the term of office is equally shortened or prolonged.

3.3. The President can nominate executive board members subject to confirmation by the IBCA Congress as described in the Electoral Regulations. The same number of Vice Presidents shall be elected by the IBCA Congress as described in the Electoral Regulations.

3.4. The Presidential Board shall determine the location of the Secretariat and of any branch offices. The Secretariat is a nonpolitical organ and the main branch office of IBCA it deals with the administration of the organization and receives all bids for events and notifications from members.

3.5. Only the IBCA Congress may create additional IBCA official positions and organizations.

3.6. Whenever any IBCA official has a financial or personal interest in any matter coming before any IBCA body on which he has a deliberative voice or vote, the affected person shall

(I) fully disclose the nature of the interest to the relevant body and
(ii) withdraw from discussion, lobbying, and voting on the matter. Any transaction or vote involving a potential conflict of interest shall be approved only when the necessary majority
of disinterested IBCA officials needed to approve the matter in question determine that it is in the best interest of IBCA to do so. The minutes of meetings at which such votes are taken shall record all disclosures, abstentions, rationales for approval, and votes.

3.7. All income received by IBCA shall be disclosed. The Treasurer’s report will disclose the salary and benefits of the office staff.

3.8. When an elected IBCA office becomes vacant for any reason during the course of a term, the President may make an appointment, from the members of the presidential board, to fill the office until the next ordinary elections, except for the post of President. A vacancy for the position of President shall not be filled.

3.9. A vacancy in the position of nominated Commission Chairman may be filled by the President.

04 – The IBCA Congress

4.1. The IBCA Congress, being the highest authority of IBCA, exercises the legislative and – unless otherwise defined below – also the executive power. It supervises the activities of the Executive Board, the Presidential Board, the IBCA President and also the other IBCA officials and organs. It approves the IBCA budget, elects the president and Presidential Board, Ethics Commission and Constitutional Commission and determines the schedule of IBCA activities. Unless otherwise provided by the Statutes or Regulations (e.g. in the case of the Ethics Commission and the Electoral Commission), the IBCA Congress will be the internal appellate organ for all decisions of IBCA organs and officials. When the IBCA Congress is not in session its powers are transferred to the Executive Board. However, the Executive Board cannot take decisions on the following:

  • Election of officials
  • Final admittance and permanent exclusion of member federations
  • Changes in Statutes
  • Changes in the Electoral Regulations

All decisions taken by the Executive Board may be reviewed by the following IBCA Congress.

4.2. The IBCA Congress is composed of:

  • The representatives of the member-federations,
  • The members of the Executive Board,
  • The Associate members or the representative of the affiliated organizations,
  • The Honorary Members, Honorary Presidents, Life Members and Friends of IBCA,
  • The Chairmen of the permanent commissions
  • The current World Champion and the current Women’s World Champion

4.3. A member federation shall be represented at the IBCA Congress by its delegate (who may surrender his voting power to the President of the federation in accordance with the Electoral Regulations) or the holder of the irrevocable proxy of the federation that has been validly and timely granted in accordance with Electoral Regulations.

The following priority shall apply:
(1) holder of a valid and timely proxy;
(2) the delegate.
A proxy can be assigned and re-assigned only to the delegate of another federation. Each delegate is permitted to represent, besides their own, only one additional federation.A delegate may be aided by only one guide for personal aid and translations. Only delegates and members of the Presidential Board, the Chairmen of the Commissions and invited speakers can address Congress for their defined topics.

4.4. Each member-federation represented in the IBCA Congress has one vote. The other participants in the IBCA Congress have a consultative voice only. Motions of order (closing of the discussion, adjournment of the agenda point, removing the point from the agenda, etc.) may be made at any time on a point under discussion by the delegate of any member federation. The Chairman of the meeting must have these motions considered and decided upon at once by the IBCA Congress in so far as they do not entail an interruption of the session.
The same applies to objections because of violation of the statutes. Proposals regarding amendments or supplementary proposals will be treated only if they are seconded by another voting member.

4.5. In meetings of the IBCA Congress or special IBCA Congress, the quorum shall be 50% of the voting members. This shall be established by a roll call at the beginning of the meeting and no further roll calls are needed to establish a quorum unless requested.

If the quorum is not fulfilled at the beginning of the IBCA Congress, the Executive Board will decide which items of the agenda can be submitted for decision by the truncated IBCA Congress. The items put on the agenda shall not include changes of statutes, financial regulations or election of officials of IBCA.

4.6. The sessions of the IBCA Congress are public, unless it is decided otherwise by simple majority vote.

4.7. A proposal or a decision which raises no objection is accepted unanimously as a decision of the IBCA Congress. General applause is also regarded as acceptance of a decision. If there is an objection, duly seconded, then a decision is made by a show of hands. If the requisite majority has clearly been reached, the proposal or decision has passed. The representative of any member federation may bring a motion questioning whether the requisite majority has been reached.

Votes on elections for the position of President shall be made by secret ballot. The elections of the Presidential ticket (1st Vice President, 2nd Vice President, Secretary, Treasurer and 3 Executive members) and the Executive Board shall be made by open vote, unless otherwise decided by a two thirds majority. When there are no more candidates than positions to be filled, the candidates shall be deemed elected. There must always be an election for the Presidential ticket. The open vote is held for the award for hosting the Olympiad. A request for a roll call ballot can be made for any award of a World Championship event. Each recommendation by the Executive Board is voted upon first, after discussion, in the IBCA Congress. In other cases, amendments are voted upon first. Supplementary proposals are voted upon only after a decision on the main proposal; they will be discussed and voted upon in the reverse order in which they were made. The voting procedures of the IBCA Congress will be explained at the outset of the meeting.

4.8. Decisions shall be made with the majority of the votes delivered, without taking into account abstentions. For the exceptions hereto see Art. 4.15 & Art. 14.1.

4.9. In the event of a tie in voting, the IBCA President decides (with the exception of elections).

4.10. Prior to voting all relevant communications from absent members shall be brought to the attention of those present.

4.11. Proposals of members or IBCA officials or commissions, which are to be included in the agenda for the IBCA Congress, should reach the Secretariat not later than 60 days before the beginning of the IBCA Congress, together with the reasons for the proposals. Proposals submitted within this time limit must be included in the agenda for the IBCA Congress.

Commission’s draft reports to be discussed by the IBCA Congress shall also reach the Secretariat at least three months before the meeting is due. They will be considered as final
following examination at the Commission’s meeting during the session of the Annual Congress and submitted to the IBCA Congress/Executive Board for approval. Proposals tabled at the Annual Congress without due notice shall be subject to appraisal at the first Presidential Board meeting following the Congress. The Presidential Board shall not have the power to rescind the decision, only to delay implementation until the proposal is further studied at the next Congress.

4.12. The regular IBCA Congress is held every Olympiad year. It is convened by the President. The invitations shall be sent out at the latest 2 months prior to the opening date of the IBCA Congress. Invitations can be sent by email. The Secretariat shall send the participants the complete agenda and the relevant documents at the latest six weeks prior to the opening of the IBCA Congress (or be published on the official website of IBCA).

No other item may be discussed except in an emergency situation, where justification must be established and with the approval by a two thirds majority vote of those present, including proxies. The decisions of the IBCA Congress will be published on the IBCA web site within 1 month of the close of the meeting. The final minutes shall be published no later than eight weeks after the meeting is closed. The Secretariat shall publish any amendments to the IBCA Statutes and regulations on the IBCA website within 6 weeks of the close of the IBCA Congress meeting at which they were adopted. A separate document showing the amendments in quotation marks in track changes shall be included.

4.13. Place and date of the IBCA Congress are determined: by the preceding IBCA Congress, or in the absence of such a decision, by the IBCA President.

4.14 The special IBCA Congress shall be convened by the IBCA President or president receiving request of one-third of the member-federations in immediate IBCA event/tournament. In urgent cases the President, with the consent of the Executive Board or Presidential Board, also has the right to convene an Extraordinary IBCA Congress. The agenda for the Extraordinary IBCA Congress shall be sent to participants at least one month before the meeting is held.

4.15 Statutes can be changed only by the IBCA Congress and only upon proposal by the IBCA President, the Executive Board, Presidential Board or any member-federation. Two thirds of the votes delivered without taking into account abstentions are required to effect such changes.

4.16 Decisions made by the IBCA Congress concerning the statutes, the standing orders or the electoral regulations will come into effect on the last day of the IBCA Congress, after the IBCA Congress is closed.

4.17 For those matters not previously mentioned, the electoral procedures are defined in the Electoral Regulations. The Electoral regulations are approved by the IBCA Congress by simple majority.

05 – The Executive Board

5.1. The Executive Board concerns itself with matters that are usually dealt with by the IBCA Congress and in particular with the annual reports of the President and the Treasurer as well as all further subjects listed on the agenda for the IBCA Congress and recommends actions. During Olympiad years the Executive Board will only hold an abbreviated meeting which will discuss only those issues which are paramount on the agenda and have broad interest or those that may generate controversy at the IBCA Congress.

5.2. The Executive Board consists of: the IBCA President, the Vice Presidents, the General Secretary, the Treasurer, the four Continental representatives, the 3 executive members.

The Chairmen of Commissions or their representatives shall be entitled to attend the Executive Board on special invitation and to speak upon matters affecting their Commission but shall not be entitled to vote unless they are also members of the Executive Board.

5.3. The Executive Board meets as a rule immediately before the IBCA Congress and once per non-Olympiad year. The Executive Board can be convened by the IBCA President at any time. Procedures are subject to the same articles as set out for the IBCA Congress. In meetings of the Executive Board, the quorum shall be 50% of the voting members.

5.4. The agenda of the meetings of the Executive Board and the minutes are subject to the same procedures as the IBCA Congress.

06 – Continental Association

6.1 The General Purpose

The Continental committee (hereinafter referred to as CC) is established under IBCA for chess development in each Continent. Africa, America, Asia (Asia-pacific), and Europe have each established an operating organization to strengthen ties between countries and establish mutual goals and representation. The CC will be responsible for the organization of Continental championships under the auspices of IBCA. The functioning of these committees, elections of their representatives shall be under IBCA rules and regulations.

6.2 Members
Any National Federation on the respective Continent as defined in IBCA Statutes Article 2.1 is considered a member of the CC. Any International association can be accepted as an associate CC member with observer status.

6.3 Officials
Each Continental Committee will be responsible for electing a Representative to the IBCA Executive Board. The CC shall notify the IBCA Secretariat of the results of the elections and the IBCA Congress shall take note.

6.4 An appeal against a decision of a Continental representative must be made in writing to the IBCA President with a copy to the Continental representative. The Continental representative must immediately send his comments to the IBCA President. When an appeal is made by a member federation, it has to be signed by the Federation’s President.

Otherwise, it will not be considered.

07 – The Presidential Board

7.1. The Presidential Board is the managing organization of IBCA and is in charge of the day-to-day management of IBCA. It resolves on all matters not otherwise and explicitly reserved to another body by these Statutes. The Presidential Board exercises the rights of the IBCA Congress and the Executive Board between meetings of the IBCA Congress and the Executive Board respectively. Such powers include taking decisions which require a three-quarter majority vote. However, the Presidential Board cannot take decisions on the following:

  • election of officials,
    • changes in Statutes,
    • changes to regulations of the Rules & Tournament Commission.

7.2. The Presidential Board consists of the IBCA President, the vice Presidents, the General Secretary, the Treasurer.

7.3. The Presidential Board should meet at least once every three months in person, or on tele conference. In addition, the IBCA President may at any time convene the Presidential Board for consultation in person or teleconference. In meetings of the Presidential Board, the quorum shall be 50% (3) of the voting members.

7.4. The agenda of the meetings of the Presidential Board, as well as the relevant documents, shall reach members at least one week before the meeting. Any other item may be excluded from discussion. Commission reports must be received two weeks before the meeting of the Presidential Board. The final minutes shall be distributed to members of the Board no later than one month after a meeting is closed.

08 – The Commissions of IBCA

In order to facilitate the work of IBCA, Commissions shall be formed in consultation with the President and IBCA President will decide the functions, responsibilities, report submission etc.

09 – The President

9.1. The President represents IBCA officially and can solely sign for IBCA. All contracts signed by the President shall be subject to prior approval or subsequent ratification by the Presidential Board. Any contract that commits IBCA to an obligation or exposes IBCA to a potential liability of more than €5,000 must be submitted for ratification by the Executive Board or IBCA Congress.

9.2. The President presides over the meetings of the IBCA Congress, the Executive Board and the Presidential Board.

9.3. The President presents an annual report to the IBCA Congress.

9.4. The President’s decisions may be appealed to the IBCA Congress, Executive Board or Presidential Board.

9.5. If the President is unable to act or if he duly authorizes, then he can be represented by the first vice President who shall exercise the powers of the President. The first vice President can thus represent IBCA officially and can solely sign for IBCA.

9.6. In certain cases, the IBCA President can also delegate specific tasks to other persons; this includes authorizing in writing other IBCA officials to sign contracts on his behalf.

10 – The General Secretary, Treasurer, Vice Presidents of IBCA

10.1 The General Secretary aids the IBCA President in the accomplishment of his obligations. However, President can nominate paid / Honorary Secretary to his assistance in doing the day-to-day affairs of the IBCA. The General Secretary in consultation with the President should supervise the activities of the Commissions and the IBCA Calendar.

10.2 The Treasurer is responsible for the financial management of IBCA. He executes all decisions of IBCA concerning the financial management and reports on the status of IBCA’s finances every quarter to the Presidential Board. Treasurer should take President’s approval for all expenses before making payment. The financial revenues of IBCA accrue from:
• membership fees;
• entry fees for participation in IBCA’s competitions or tournaments;
• contributions for services rendered or rights granted by IBCA to members or to third parties;

  • Media rights / Telecast in TV / Internet etc.,
    • other contributions

10.3 The Vice Presidents shall assist IBCA in whatever tasks are assigned to them.

11 – Removal from Office

11.1. Any elected or appointed official in IBCA can be removed from his position for cause. Cause is defined as being contrary to the spirit and text of the statutes and regulations of their office. The action must have the agreement of the house / commission constructed for this purpose with two third vote in the IBCA Congress. In such cases the IBCA Congress or the Executive Board can set up a committee of three persons to investigate and examine an offence (or an act against the principles of IBCA); the committee shall report to the IBCA Congress or Executive Board.

12 – Final Settlement of Disputes Appeals against IBCA decisions

12.1. Notwithstanding any provisions to the contrary in these Statutes, any final decision taken by an IBCA organ (including Commission constituted for this purpose), and any decision made by the Executive board, IBCA Congress may be challenged exclusively by way of appeal before the Court of Arbitration for Sport (CAS) in https://www.tas-cas.org/en/index.html which will resolve the dispute in a final and binding manner in accordance with the Code of Sports related Arbitration. Only parties directly aggrieved by a decision may appeal to the CAS. The time limit for appeal is twenty-one days from receipt by the appellant of the decision appealed against or, in the case of a decision by IBCA Congress, twenty-one days from the close of the IBCA Congress.

12.2 An appeal before the CAS may only be brought after IBCA’s internal procedures and remedies have been exhausted. The decisions of the Commission and IBCA Congress relating to matters falling within their respective competencies are final.

12.3 An appeal does not suspend the execution of the decision, unless the CAS so decides upon request of the appellant. The CAS shall not take into account facts or evidence which
the appellant could have submitted to an internal IBCA body by acting with reasonable diligence required under the circumstances, but failed or chose not to do so. The CAS shall decide the dispute according to the IBCA Statutes, regulations and rules as well as according to law. The language of the arbitration shall be English. The decision of the CAS shall be final and binding on the parties.

12.4 Neither CAS nor any ordinary courts shall have jurisdiction to deal with matters related to the application of a purely sporting rule, such as the Laws of Chess, or the technical rules of a competition (e.g., IBCA Rules for braille chess, IBCA Competition Rules).

13 – Blindness Classifier

13.1. IBCA, in close collaboration with the National Chess Federations for blind dedicates its efforts to ensuring that in chess the spirit of ‘Fair Play’ prevails, leads the fight against unfairness in sport and takes measures in order to prevent participation of non-visually disabled (blind and visually impaired) persons. IBCA has accepted the global blindness
classifier followed in sports by International Para Olympic committee.

13.2 Eligibility Criteria
Vision impairment arises for a variety of reasons – genetics, prenatal developmental issues, or from illness or trauma.
Vision impairment occurs when there is damage to one or more of the components of the vision system, which can include:
• impairment of the eye structure/receptors
• impairment of the optic nerve/optic pathways
• impairment of the visual cortex

Chess players are required to submit a fully completed  ‘Medical form’
Definition of Visual Classes
The determination of visual class will be based upon the eye with better visual acuity, whilst wearing best optical correction using spectacles or contact lenses, and/or visual fields which include central and peripheral zones.

The definition of Blind player –
Visual acuity ranging from LogMAR 1.4 to 1.0 (inclusive) and/or visual field constricted to a diameter of less than 40 degrees.

13.3 Process:
Player has to Submit/ upload medical form filled by doctor clearly stating his classification and that he falls under IBCA blindness definition. National federation has to approve his status of blindness and be held accountable for it. During tournament, a complaint can be made following the same process as ‘Appeal committee’ with paying 50 euros. The amount is adjustable on decision of the executive board.
The organizers should arrange medical check-up and if found guilty, action should be taken on player as well as on national federation. Action to be decided at IBCA congress.

14 Final Matters

14.1 IBCA can be dissolved by a decision of the IBCA Congress, if at least two-thirds of all members express themselves in favor of dissolution.

14.2 In case of dissolution, the IBCA Congress shall decide how to dispose of the IBCA assets, which are to be used for chess or for any other purpose contributing to the general good.

Annex

Electoral Regulations

  1. The Presidential Election

1.1 The Presidential election shall be with nomination by other IBCA members. They will elect a presidential ticket and includes the following. The Nominated President shall specify
the proposed nominees for the offices of 2 Vice Presidents, General Secretary, Treasurer.

1.2 The ordinary congress will nominate the nomination committee. The committee consists of three members. They will conduct the process of the presidential election.

1.3 Nominations for the President and officials must reach the chairman of the nominations committee at least two months before the opening of the IBCA Congress. Each nomination must be done by an IBCA member national federation. The decision of the National Federation shall be communicated to IBCA by the federation’s President. A National Federation is entitled to nominate only one president. IBCA is entitled to accept the authenticity of the nomination it receives and no nomination can be withdrawn once given.

1.4 If no proposal has reached the chairman of the nomination committee within the deadline, the nomination committee is entitled to propose at least one candidate for President, in order to make it possible for the Congress to realize elections.

1.5 Within the deadline each Presidential Candidate shall present to the Chairman of the nomination committee the names of the persons included on the Presidential ticket with their positions The Chairman of the nomination committee will acknowledge receipt of the documents to each Presidential candidate.

1.6 The Secretariat will announce the Presidential tickets on the IBCA website the day following the completion of the deadline for nomination. The above will ensure that the list of all nominees is included in the agenda sent to all member federations prior to the Congress.

1.7 The elections for the Presidential ticket shall be held prior to all other elections.

1.8 On the day of the elections, the candidate for President of each Presidential ticket will have a maximum of fifteen (15) minutes on stage to present their program. The order of appearance shall be decided by the drawing of lots.

1.9 In case, one member of a Presidential ticket becomes incapable to run for the election (death, illness or similar serious reasons), he can be replaced on the Presidential ticket within 20 days after the unexpected event, but at the latest until the day before the election. All other conditions concerning the nominations are applicable. In case of doubt, the Election Officer (EO) shall make a decision.

  1. Other elections

2.1 Following the Presidential ticket election, the elected President will declare and justify the proposed members of appointed executive board. The IBCA Congress shall confirm this proposal.

2.2 Upon conclusion of all elections the IBCA Congress reconvenes and takes note of the appointments of the presidential board.

2.3 The President shall announce the remaining appointed members of executive board. The IBCA Congress confirms the candidates following the voting procedures with counting of hands. If a President’s nominee is rejected by the Congress, the President may propose a different candidate for confirmation by the IBCA Congress. Each member federation may have only one elected or appointed executive board member.

2.4 Members of the Ethics Commission are elected after election of executive board.

2.5 Thereafter the President may nominate a Commission Chairman to serve on IBCA commissions for a 4-year term. The person nominated by the President as Commission Chairman shall be chosen based on their personal merits and service to IBCA.

  1. Electoral Process

3.1 To secure a fair and impartial electoral process an election officer and if required one more assistant, shall be appointed for the elections by the IBCA congress immediately after the roll call on the first day of the congress. The election officer presides over the electoral process for elections of the Presidential ticket. Any representative of a member federation not running for a position on the Presidential Board may nominate a candidate for Election Officer (EO). EO and assistant shall be elected individually by the IBCA Congress by a counting of hands. The person receiving the most votes shall be appointed Election Officer. The EO cannot be nominated or elected for any Presidential Board position in that election.

3.2 Ballot papers shall be prepared for the elections, with the names of the candidates if there is more than one for a given office. The EO shall initial each ballot before distribution.

3.3 Each Presidential candidate is entitled to appoint one observer for the counting of the ballots.

3.4 During elections, each federation shall be called in alphabetical order to place its ballot in the ballot box, which shall have a slot on top, shall be openly visible to the IBCA Congress from all sides and shall be separated from any other object. The procedures of voting will be announced by the EO at the meeting.

3.5 Each ballot paper shall contain all the names of the candidates. A list with the candidates for each office shall be circulated before the elections. Each delegate votes for all vacant positions. If they vote for more, then the ballot is not valid. Valid votes are those where a mark has been made within the box on the ballot paper. Marks such as ‘x’, ‘v’ or ‘+’ are acceptable.

3.6 For all elections a majority of the votes cast, not counting abstentions, shall be required. If there is a tie, the voting is repeated until the tie is broken. If three or more persons are nominated for the same offices, the candidates that receive
50% plus one of the votes cast, are elected on the first ballot. Thereafter, the candidates receiving most votes on the second ballot are elected to the vacant number of offices. If there is a tie, the voting is repeated until the tie is broken.

3.7 All IBCA officials will enter duty upon the close of the IBCA Congress at which they were elected or appointed.

  1. Election Conditions

4.1 Elections shall be held immediately after the consideration of the report of the IBCA President and that of the Treasurer, discharge of the Treasurer and votes on exclusions of
member federations on the first day of the Congress. In election years the speech of the President shall be limited to 30 minutes based on a written report previously circulated covering past activities and questions and comments shall be limited to 15 minutes.

4.2 All elections and appointments are valid for a period of 4 years unless otherwise specifically stated.
4.3 For all positions that are not elected according to the previous regulations, the IBCA President nominates a candidate and such candidate is subject to confirmation by the
executive board. If a President’s nominee is rejected by the President/Executive Board, the President may propose a different candidate for confirmation by the presidential/executive board. Any vacancies may be filled by the Presidential or Executive Boards.

4.4 Any change in the Electoral Regulations will come in to effect on the last day of the IBCA Congress after the closing of the meeting.

4.5 Any complaint regarding the elections shall be addressed to the Electoral Commission (ELE) in accordance with the deadlines and procedures set forth in the section entitled ‘Electoral Commission’.

5.Proxies

5.1. Presidential Election years
5.1.1. At the latest three weeks before the opening session of the Congress, the IBCA Secretariat shall send a complete list of all delegates to all member federations, and publish it on the IBCA website.
5.1.2. At the latest two weeks before the opening session of the Congress, the President of each member Federation shall inform the IBCA Secretariat in writing of any changes to be made to this list. If there has been no such notification by this deadline, the delegate on the list shall be the representative of the federation.
5.1.3. Immediately after the deadline, the Electoral Commission shall verify the list of delegates. The Electoral Commission shall notify the IBCA Secretariat of the final list of delegates in time to allow the IBCA Secretariat to send this list to all member federations, and publish it on its website, at the latest one week before the opening session of the congress.
5.1.4. A member federation can assign a proxy only in writing and only to a delegate of another federation who is on the list. Once assigned, a proxy cannot be revoked. For a proxy to be valid, it must be dated and either signed or sent by the President or delegate of the federation. For the delegate, the accreditation shall be based on the last reporting by
the member federation to IBCA concerning this position. The proxy can be either an original or a copy, and can be delivered by any means. No other formal elements are necessary for the validity of the proxy. Where two proxies are received and there is a conflict, the order of priority shall be as follows: Proxies received from the President with latest date.

5.1.5. Proxies shall be dated and delivered to the IBCA Secretariat in the period between the date of the publication on the IBCA website of the list of delegates above and a date no
later than one week before the opening session of the Congress. After this deadline, further proxies will not be accepted, except for re-assignments as stated below, until all elections and appointments of IBCA officers have concluded. After the conclusion of all elections and appointments of IBCA officers, the provisions on non-election years in section 5.2 below will apply.

5.1.6. Immediately after the registration period for proxies has closed, the Electoral Commission shall verify the list of proxies. The Electoral Commission will notify the IBCA Secretariat of the list of the proxies in time to allow the IBCA Secretariat to send this list to all member federations, and publish it on the IBCA website, at the latest one week before the opening session of the Congress.

5.1.7. Every delegate is permitted to represent, besides his own, only one additional federation in the Congress. If (and only if) a delegate has been assigned two or more valid proxies, the delegate can re-assign the valid proxies over the one he is allowed under this Section until 17.00 h three days before the opening of the Congress. A proxy can be re-assigned only to the delegate of another federation who is on the list that is referred to in Section 5.1.3. above and it cannot be re-assigned to a federation who assigned or re-assigned it. A re-assignment cannot be revoked.
The IBCA Secretariat shall immediately submit such re assigned proxies to the Electoral Commission. If, as a result of re-assignments, a delegate has more proxies than allowed
under this Section, the Electoral Commission will make reasonable efforts to contact the delegate and advise him that he can further re-assign the extra proxies by the deadline in this Section. If after the deadline for re-assignments in this Section, a delegate has more proxies than allowed under this Section, the Electoral Commission will make reasonable efforts to contact the delegate and request which proxy he wishes to consider invalid. If the delegate has not notified the Electoral Commission which proxy he wishes to consider invalid by the time the final list must be published pursuant to Section 5.1.10. below, the Electoral Commission will decide which proxy is considered invalid. After the elections, any such proxy will be valid again and the delegate may re-assign it. The Electoral Commission shall verify re-assignments of proxies in time to allow the IBCA Secretariat to comply with the deadline set forth in Section 5.1.10. below.

5.1.8. Up to 17.00 h three days before the opening of the Congress, a delegate included in the list published pursuant to Section 5.1.3. above may, if no valid proxy of his federation
has been assigned to the delegate of another federation, surrender the voting power of his federation in favor of the President of that federation upon written notice to the IBCA
Secretariat. This rule does not apply to proxies received by the delegate. The IBCA Secretariat shall immediately submit written notices received pursuant to this Section 5.1.8. to the Electoral Commission, which shall verify them in time to allow the IBCA Secretariat to comply with the deadline set forth in Section 5.1.10. below.

5.1.9. The IBCA Secretariat shall publish the complete list of those entitled to vote on the IBCA website by 17.00 h two days before the opening of the Congress.

5.1.10. At the opening of the Congress, the Electoral Commission reports on the complete
list of those entitled to vote and answers any questions and comments. The IBCA Congress
cannot overrule the decisions of the Electoral Commission.

5.2. Other years
In other years, the procedures set out in section 5.1. above shall apply, except as follows:

5.2.1. As of the date of publication on the IBCA website of the list of delegates pursuant to section 5.1.3. above, proxies can be assigned, re-assigned and/or revoked until 17.00 h on the day before the opening of the Congress. After the roll call on the first day of the Congress, proxies can be assigned, re-assigned and/or revoked at any time.

5.2.2. The IBCA Secretariat shall verify the revoked assigned or re-assigned proxies promptly upon delivery.

5.2.3. Any disagreement as to who is entitled to vote at the IBCA Congress is referred to the Ethics Commission for final decision.