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May 9, 2005
The following is the text of the letter sent by Malcolm Speed, the ICC's chief executive, to the two parties fighting for control of the USACA
Could you please make your respective clients aware of the following:
ICC has been provided with a very significant volume of documentation concerning recent governance issues in USACA.
The purpose of this letter is to set out ICC's position in relation to cricket in the United States of America.
At the outset, please understand that ICC does not seek to involve itself in the domestic affairs of its member countries without the agreement of the member.
Please note the following:
1. ICC confirms that USACA is its member organisation in the United States of America.
2. ICC understands that the Executive Committee of USACA is as follows:
President: Mr Gladstone Dainty
Treasurer: Mr Selwyn Caesar
Secretary: Mr Syed Refaie
Vice President: Mr Chai Gedde
The second Vice President position is currently vacant.
3. We have seen conflicting reports about Mr Refaie's position. We make no comment whatsoever in relation to that issue.
4. On the basis of the information that has been supplied to ICC following recent elections, ICC is unable to determine the duly elected members of the Board of Directors. According to our calculations, 8 positions on the Board of Directors are undisputed. Two positions on the Board of Directors are disputed.
5. Two groups of individuals each claim to have the support of six members of the Board of Directors.
6. Each group claims to be in control of and entitled to run USACA.
7. Communication between these two groups is now being carried out through their respective lawyers.
8. ICC does not support one group in preference to the other group.
9. The governance of USACA appears to have reached a level that is dysfunctional.
10. In the next three months, there are several important events that will face USACA, not the least of which is fielding its best team in the ICC Trophy in Ireland to seek to qualify for the ICC Cricket World Cup to be played in West Indies. Failure to qualify will be a significant blow to all cricket supporters in the USA.
11. ICC calls on USACA to resolve the current dispute.
12. USACA is entitled to receive $54,000 as its annual grant as an Associate Member of ICC.
13. One of the groups referred to above has requested that ICC not pay the annual grant to USACA at this time. The other group, through a third party, has requested that payment be made.
14. Until such time as ICC receives clear and unequivocal notification as to the composition of the Board of Directors, ICC does not propose to release any funding to USACA including the annual grant. Clear and unequivocal notification would take the form of a signed statement from all ten directors agreeing that they are each properly elected to the Board of Directors.
15. ICC requests that notification in the above terms be provided to it prior to 15th May 2005.
16. In view of the current dispute, it is likely that in order to approve a team representing USACA to play in forthcoming ICC events, ICC will need to be satisfied that the team has been approved by a properly constituted Board of Directors of USACA. The date for submission of the final squad of 14 players is 31st May 2005.
17. In 2003, ICC established a Disputes Resolution Process to resolve disputes. If the parties agree, ICC would be pleased to extend this process to USACA and will undertake to fast-track the process at the request of the parties. This would avoid costly litigation and provide a binding decision in a timely manner.
In summary, gentlemen, the current situation is untenable and unworkable. Could I respectfully request that common sense prevail and that you sort out your differences and notify ICC of the outcome as a matter of urgency.
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