Regulations

23 Jun, 2022

Bahrain Olympic Committee Regulation No. (6) of 2022 promulgating the Bahraini Regulation Against Doping in Sports

Disclaimer: The official version of the law and any amendments thereto is published in Arabic in the Official Gazette. This version of the law, including amendments thereto, is provided for guidance and easy reference purposes. The Legislation & Legal Opinion Commission does not accept any liability for any discrepancy between this version and the official version as published in the Official Gazette and / or any inaccuracy or errors in the translation.

For any corrections, remarks, or suggestions, kindly contact us on translate@lloc.gov.bh

Published on the website on May 2024

Regulation No. (6) of 2022 promulgating the Bahraini Regulation Against Doping in Sports

Chairman of the Bahrain Olympic Committee:

Having reviewed the Law of the Associations, Social and Cultural Clubs, Private Bodies Working in the Field of Youth and Sports and the Private Institutions promulgated by the Legislative Decree No. (21) of 1989, as amended;

Law No.(13) of 2008 ratifying the United Nations Convention Against Doping in Sports;

Unified Statute of Sports Federations promulgated by Decision No. (15) of 2014, as amended;

And Bahraini Regulation Against Doping in Sports promulgated by Decision No. (15) of 2021;

And upon the submission of the Secretary-General;

And after the approval of the Board of Directors of the Bahrain Olympic Committee;

Hereby Decides:

Article One

The provisions of the Bahraini Regulation Against Doping in Sports attached to this Decision shall apply.

Article Two

The Bahraini Regulation Against Doping in Sports promulgated by Decision No. (15) of 2021 shall be repealed.

Article Three

This decision shall be published in the Official Gazette, and shall come into force three months after the date of its circulation to sports federations, clubs, sports authorities, and other relevant authorities.

Chairman of the Bahrain Olympic Committee

Khalid bin Hamad bin Isa Al Khalifa

Issued on: 24 Dhu al-Qi'dah 1443 A.H.

Corresponding to: 23 June 2022

Bahraini Regulation Against Doping in Sports

Chapter One

General Provisions

Article (1)

Definitions

In applying the provisions of this Regulation, the following words and expressions shall have the meanings assigned to them below, unless the context requires otherwise:

1- Kingdom: kingdom of Bahrain.

2- Committee: The Bahrain National Anti-Doping Committee (BNADO), responsible for overseeing the implementation of anti-doping laws and regulations in accordance with the provisions of this Regulation and the Code.

3- Board of Directors: The Committee's Board of Directors.

4- Chairman of the Board of Directors: Chairman of the Committee's Board of Directors.

5- Code: The World Anti-Doping Code.

6- Testing Committee: The committee responsible for executing programs related to conducting necessary tests and examinations to detect prohibited substances, metabolites, or markers in athletes' samples.

7- Disciplinary Committee for Anti-Doping: The Bahrain Disciplinary Committee for Anti-Doping, established by the Committee to review and adjudicate violations of anti-doping rules.

8- Anti-Doping Appeals Committee: The Bahraini committee that decides on appeals against decisions of the Disciplinary Committee for Anti-Doping in accordance with the provisions of this Regulation.

9- Olympic Committee: Bahrain Olympic Committee.

10- Sports Organizations: National sports authorities, clubs and associations.

11- Olympic Committee Team: Any Olympic or other national team selected by the Olympic Committee.

12- Therapeutic Use Exemption Committee: A committee formed by decision of the Committee to consider requests for therapeutic use exemptions.

All definitions in the Code and international standards shall be automatically applied and considered an integral part of this Regulation.

Article (2)

Scope of Application

The provisions of this Regulation apply to all members of the sports community in the Kingdom, across all sports organizations, as well as to all athletes and supporting sports personnel.

Article (3)

Proof of Doping

The proof of doping shall be subject to the anti-doping rules of the Committee, in accordance with the relevant provisions of the Code and international standards.

Article (4)

Prohibited List

The Committee shall publish the approved Prohibited List from the World Anti-Doping Agency (WADA) and any amendments thereto to sports organizations within three months from the date of publication by (WADA).

Chapter Two

Bahrain National Anti-Doping Committee (BNADO)

Article (5)

Nature of the Committee

The Committee is an independent executive entity, equipped with the necessary financial, human and technical resources to carry out its tasks under this Regulation. It serves as the competent authority for implementing the provisions of the Code and international standards, in addition to matters related to anti-doping in sports at the national level.

Article (6)

Committee Guarantees

The Committee shall operate with full independence, free from interference in its decisions and executive activities.

All individuals engaged in the operational activities of the Committee shall adhere to the necessary independence standards as outlined in the Code and they shall be prohibited from participating in the management or operation of any sports organization, entity or government administration related to sports or anti-doping.

Article (7)

Roles and Responsibilities of the Committee

The main objective of the Committee shall be to take all necessary measures to preserve sports in the Kingdom, by making it a field for excellence and competition free from the scourge of the use of prohibited doping in sports, which harms the health of athletes and undermines the inherent values of sport. This shall be done through the following:

1- Adopting the Committee's anti-doping rules.

2- Formulating, implementing and supervising the general policy related to anti-doping in sports, concerning the following aspects:

a) Planning, executing, evaluating, and promoting education programs in accordance with the relevant provisions of the Code and international standards.
b) Developing training programs for medical and technical personnel to qualify them in the field of sample collection for testing, according to the required standards under the relevant provisions of the Code and international standards.
c) Developing and implementing anti-doping plans and programs in accordance with the Code and international standards.
d) Collaborating with relevant entities organizing various sports events internally and externally regarding anti-doping in sports.

3- Supervising and monitoring the activities of doping control in all sports organizations in the Kingdom.

4- Organizing stations for doping control in various sports facilities in the Kingdom, supervising them, and ensuring compliance with the provisions of the relevant international testing and investigation standards.

5- Cooperating with local bodies and authorities related to anti-doping outside the sports field.

6- Cooperation with similar authorities in the countries of The Gulf Cooperation Council, the Arab World, the countries of the world, and (WADA).

7- Establishing the Disciplinary Committee for Anti-Doping and appointing an independent Appeals Committee for Anti-Doping, both structurally and operationally, in accordance with the requirements of the Code and the international standards for results management and the provisions of this Regulation.

8- Monitoring the implementation of the Code and the International Convention for Doping in Sport ratified by Law No. (13) of 2008.

Article (8)

The Activities and Programmes of the Committee

The Committee shall practise the following activities and programmes:

1- Activation of national anti-doping programmes in sports, including the determination of the time and place of doping control, surprise tests without prior notification, and tests within or outside the framework of national sports events.

2- Working to monitor doping for athletes in cooperation with national and international organisations, other regulatory committees, and sports bodies and authorities such as clubs, youth centres and hostels, and private health clubs, as well as for all sports activities and events held on the territory of the Kingdom.

3- Reviewing detailed clauses for planning, managing, and executing doping control operations and adopting the Prohibited List issued and published by (WADA).

4- Conducting prosecution activities, hearing sessions, and imposing sanctions through the independent operational Disciplinary Committee for Anti-Doping and the independently structured and operational Appeals Committee for Anti-Doping. Also, monitoring the implementation of their decisions by sports organizations.

5- Working to promote values, information, and preventive actions in anti-doping through planning, execution, evaluation, and promotion of education programs aligned with the requirements of the Code and international education standards.

6- Contributing to research activities related to anti-doping in the sports field, and creating a database and a special website with the aim of educating athletes, researchers, and those interested in this field.

7- Explaining the Committee's working strategy, activities, and implementation mechanisms to relevant public authorities responsible for youth and sports affairs, sports federations, and various other relevant authorities.

8- Establishing the Therapeutic Use Exemption Committee to grant necessary exemptions in accordance with the Code and international standards for medical exemptions.

9- Training, authorizing, and re-authorizing local personnel in the category of doping control officers, and providing educational training to all committee members involved in any part of the doping control process.

10- Any activities related to the Code and international standards.

Article (9)

The Financial Affairs of the Committee

The Committee shall have an independent annual budget whose resources shall be as follows:

1- Government support provided to the Committee.

2- The allocated support from the Olympic Committee and the Supreme Council for Youth and Sports.

3- Donations and other funds accepted by the Committee in accordance with the applicable regulations in the Kingdom.

4- Revenues generated from providing its services and various activities.

The budget shall be used to cover expenses such as the preparation of the Committee’s and its affiliated committees’ headquarters, remunerations for the Chairman and members of its Board of Directors, salaries of employees, compensations for lecturers, volunteers, and other individuals working and collaborating with the Committee. It shall also cover the costs of the Committee’s programmes and different activities, all in accordance with the provisions of the financial regulations issued by the Board of Directors and approved by the Olympic Committee.

Article (10)

Audit of the Committee’s Accounts

The accounts of the Committee shall be audited by an auditor appointed by its Board of Directors, and a copy of the audited accounts report along with the annual report of the first quarter of the year following the financial year shall be submitted to the Olympic Committee.

Article (11)

Board of Directors

The Board of Directors is the highest authority within the Committee and is responsible for managing and overseeing its affairs in accordance with the provisions of this Regulation. It shall be composed of a Chairman, a Vice Chairman, and seven members, appointed by a decision of the Chairman of the Olympic Committee, for a term of four years. None of them shall be a member of the Board of Directors of another sports authority. Among them, there shall be individuals with experience in medical, legal, administrative, sports and anti-doping fields. Upon their appointment to the Committee, members shall sign a conflict of interest declaration, committing not to represent the interests of any other entity, and to act in the best interest of the Committee, safeguard clean sports, and maintain confidentiality.

The Board of Directors shall meet quarterly, and emergency meetings of the Board can be convened upon the request of its Chairman, Vice Chairman, or one-third of its members.

The meetings of the Board of Directors shall be valid if attended by at least five members, provided that they include the Chairman or his Vice-Chairman. The decisions and recommendations of the Board shall be issued by a majority votes of those present, and in case of a tie, the side of the Chairman of the meeting shall prevail.

Article (12)

The Competences of the Board of Directors

In addition to the provisions outlined in Articles (7) and (8) of this Regulation, the Board of Directors shall assume the following competences:

1- Developing the organizational structure of the Committee.

2- Appointing the Executive Director of the Committee and specifying their job description and responsibilities.

3- Proposing amendments to this Regulation to align it with the Code.

4- Ensuring the continuity of financial funding, support, and assistance from governmental and non-governmental authorities, in a manner that doesn't affect the independence and transparency of the Committee's work.

Article (13)

The Competences of the Chairman of the Board of Directors

The Chairman of the Board of Directors shall have the following duties:

1- Presiding the meetings of the Board of Directors.

2- Approving the minutes of the Board of Directors' meetings after obtaining the approval of the majority of the members present regarding the topics and decisions contained therein, and sending copies of them to the members of the Board.

3- Discussing the annual financial budget report of the Committee with the members of the Board of Directors, and submitting the final report to the Olympic Committee and the Supreme Council for Youth and Sports.

Article (14)

The Competences of the Vice-Chairman of the Board of Directors

The Vice-Chairman of the Board of Directors shall undertake all the duties and responsibilities entrusted to the Chairman of the Board in case of his absence or an impediment.

Article (15)

The Competences of the Members of the Board of Directors

The members of the Board of Directors shall practice the following duties:

1- Participating in the periodic and emergency meetings of the Board of Directors.

2- Submitting requests for emergency meetings.

3- Actively participating in the Board of Directors and contributing to the development of the Committee's general strategy.

4- Carrying out other duties assigned to them by the Board of Directors.

Article (16)

Executive Director of the Committee

The Committee shall have an Executive Director, provided that he holds a university qualification, and has sufficient knowledge in administration and the anti-doping field.

The Executive Director shall be independent and responsible for developing, implementing, and managing all aspects of the Committee's operations and activities. In particular, the following shall be carried out:

1- Managing the Executive Bureau, and the financial, technical, and service affairs of the Committee.

2- Assisting the Board of Directors in developing and monitoring the Committee's work, evaluating multi-year strategic plans for programs and initiatives that meet the mandatory requirements of the Regulation and international standards. This shall include, for example, the following programs:

a) Doping control programs: Including testing, investigations, whereabouts, therapeutic use exemptions, sample collection and processing, laboratory analysis, result management and investigations.
b) Developing an educational program that aligns with educational programs as per the Code.
c) Researching internationally recognized ethical practices in anti-doping.
d) International collaboration and alignment in the field of anti-doping.

3- Developing, implementing, and evaluating annual operations plans and linking budgets to achieve strategic plans.

4- Proposing administrative and executive policies, submitting them to the Board of Directors for approval, and then starting their implementation.

5- Proposing the formation of various committees stipulated in this Regulation, along with suggesting their working mechanisms, tasks, and responsibilities as per the provisions of this Regulation.

6- Working on enhancing the quality and efficiency of the Committee's activities in light of the available financial resources.

7- Providing quarterly reports to the Chairman and the Board of Directors on the progress of the Committee's work.

8- Developing and maintaining communication and cooperation means with national and international anti-doping units and organizations.

9- Representing the Committee, when necessary, alongside the Chairman or Vice Chairman, in media appearances, meetings, conferences and relevant national and international events.

10- Obtaining the latest information on issues and developments related to the Committee's activities and operations and their implementation.

Article (17)

Executive Bureau of the Committee

The Executive Bureau of the Committee shall consist of a sufficient number of staff, volunteers or collaborators who have the necessary expertise, especially in executive secretariat, all appointed by a decision of the Board of Directors to carry out all administrative work of the Committee.

Article (18)

Lecturers

The lecturers are individuals who deliver lessons and lectures in seminars, training courses, and public workshops related to anti-doping in the Kingdom for athletes, club leaders, private health institutes, youth centres, sports clubs, sports federations, and other relevant authorities. The following minimum requirements are stipulated for them:

1- Good knowledge of the anti-doping laws, related international standards, and the ability to communicate information.

2- At least five years of previous and approved anti-doping work experience.

Chapter Three

Testing Committee

Article (19)

Formation and Responsibilities of the Testing Committee

The Testing Committee shall be formed by a decision of the Committee, consisting of a sufficient number of medical personnel of both genders. The formation includes the appointment of a General Coordinator and a Deputy General Coordinator. Individuals for sample collection shall be designated from the following categories:

1- Doping Control Officers.

2- Chaperones and Blood Control Officers.

The Testing Committee shall be responsible for implementing programs related to conducting necessary tests to detect doping according to local and international standards and regulations. The committee shall carry out tests on all national athletes affiliated with sports organizations, as well as on all other athletes falling within the scope of this Regulation according to Article Two thereof. Additionally, this Committee, under the guidance of the (BNADO) Committee, shall manage the planning and distribution of tests, sample collection, processing and sending them to the approved or (WADA)-accredited laboratories for analysis.

Article (20)

Responsibilities of the Testing Committee

The Testing Committee assumes the following responsibilities:

1- Establishing a doping control station during various sports events inside or outside the Kingdom, if necessary.

2- Developing specific templates for testing procedures that are in line with the requirements of the Code and international standards, including:

a) Doping Control Form.
b) Supplementary Report Form.
c) Chain of Custody Form.
d) Doping Control Officer Report Form.

3- Providing the necessary equipment and devices to conduct the sample collection process, such as: Containers for collecting "blood or urine" samples, pH and specific gravity measuring device, sample storage refrigerator, and a cooled box for transporting samples from the station to approved or (WADA)-accredited laboratories.

4- Compiling the proposed annual budget for purchases and needs of the testing station and submitting it to the Executive Director of the Committee.

5- Working to provide office supplies, photocopier, fax, computers, and internet service.

6- Identifying the names of approved or (WADA)-accredited laboratories for the purpose of sample analysis, drafting contracts with them, and submitting them to the Executive Director of the Committee.

7- Conducting sample collection sessions for all athletes in the Kingdom from all levels and across all sports organizations, as well as athletes in private health clubs.

8- Maintaining all registers and documents related to the sample collection sessions.

Article (21)

General Coordinator for Doping Control

The General Coordinator for Doping Control shall have a minimum of documented practical experience as a Doping Control Officer and to be proficient in spoken and written English. He shall not have any conflicts of interest in any process he carries out. The General Coordinator shall be responsible for the following tasks:

1- Developing strategic and general plans for planning and implementing testing programmes and preparing annual budgets.

2- Supervising and managing sample collection sessions at the doping control station, including delivering samples to the accredited or (WADA)-approved laboratory.

3- Detailing and explaining the plan, and distributing duties and responsibilities to the members of the sample collection team of athletes.

4- Preparing daily, monthly, and annual reports and recommendations related to the testing programme, and submitting them to the Executive Director of the Committee.

5- Developing a protocol for procedures and methods of sample collection for international recognition and obtaining ISO 9001/2000 Quality Management System certification.

Article (22)

Department for Monitoring the Location of Athletes

The regulations of the Committee on Anti-Doping delineate the responsibilities of the Monitoring Athletes' Location Department, in accordance with the relevant provisions of the Code and international standards.

Article (23)

Doping Control Staff

Doping Control Staff are a team of employees, volunteers or collaborators whose responsibilities are confined to the process of collecting samples “urine or blood” from athletes. They shall possess an accredited certificate that authorizes them to collect such samples from the athletes' bodies.

Article (24)

Plans and Programs of the Testing Committee

The Testing Committee shall be responsible for implementing the testing plans and programs in accordance with the plans approved by the Committee.

Chapter Four

Therapeutic Use Exemption

Article (25)

Therapeutic Use Exemption

The Committee shall be responsible for executing all activities related to therapeutic use exemptions.

The organization of the activities stipulated in the preceding paragraph and cases of therapeutic use exemption shall be subject to the provisions of the Committee's anti-doping rules, provided that it does not conflict with the Code and international standards.

Article (26)

Therapeutic Use Exemption Committee

The Committee shall form a committee to consider therapeutic use exemption requests. The specific rules of this committee, including its procedures, shall be aligned with the relevant provisions of the Code and international standards, as outlined in the Committee's anti-doping rules and related internal regulations.

Chapter Five

Doping Tests

Article (27)

Testing Activities

Testing shall be conducted in accordance with the relevant provisions of the Code and international standards, as outlined in the Committee's anti-doping rules.

Article (28)

Sample Analysis

Samples for detecting doping shall be analysed in accordance with the relevant provisions of the Code and international standards, as outlined in the Committee's anti-doping rules.

The Committee shall send the collected samples, in accordance with the relevant provisions of the Code and international standards, to any of the accredited or (WADA)-approved laboratories.

Chapter Six

Results Management

Article (29)

Results Management Committee

The Results Management Committee shall be formed by a decision of the Board of Directors and shall be responsible for conducting preliminary results management activities in accordance with the relevant provisions of the Code and international standards for results management.

Article (30)

Confidentiality of the Athletes’ Information and Identity

The Committee shall retain the Doping Control Form and other relevant documents for all athletes whose samples showed positive analytical results or indicated the possibility of an anti-doping rule violation, in accordance with the relevant provisions of the Code and international standards.

The identity of the athlete and their support personnel shall remain confidential during the results management phase.

The athlete, the International Federation, (WADA) and all relevant authorities shall be notified about the athlete's initial review by the Committee, following the rules specified in the Code as outlined in the Committee's anti-doping rules. This information shall also be reported in the Anti-Doping Administration and Management System (ADAMS).

Article (31)

Temporary Suspension

The imposition of temporary suspension on an athlete shall be carried out in accordance with the relevant provisions of the Code and international standards, as outlined in the Committee's anti-doping rules.

Article (32)

Anti-Doping Rules Violation

The Committee's anti-doping rules shall define cases of anti-doping rule violations in accordance with the relevant provisions of the Code.

Chapter Seven

Disciplinary Procedures

Article (33)

Anti-Doping Disciplinary Committee

The Anti-Doping Disciplinary Committee shall be formed by decision of the Committee, and the Committee's anti-doping rules and internal regulations define its composition and procedures in accordance with the relevant provisions of the Code and international standards.

Article (34)

Sanctions

The system of sanctions applied for anti-doping rule violations shall be subject to the Committee's anti-doping rules, which shall comply with the relevant provisions of the Code and international standards.

Article (35)

Sanctions Imposed on Sports Federations

The Olympic Committee may take any action or measure against non-compliant sports federations to ensure their activities align with the Committee's anti-doping rules.

Chapter Eight

Appeal

Article (36)

Appealing the Anti-Doping Disciplinary Committee Decisions

Decisions issued by the Anti-Doping Disciplinary Committee shall be subject to appeal before the Anti-Doping Appeals Committee designated by the Olympic Committee, in accordance with the relevant provisions of the Code and international standards, as outlined in the Committee's anti-doping rules.

Article (37)

Appealing the Penalties Imposed on Sports Federations

The decisions made in accordance with the provisions of this Regulation to impose sanctions on sports federations may be appealed before the Anti-Doping Appeals Committee, and subsequently before the Court of Arbitration for Sport (CAS), by the relevant national sports federation within one month from the date they become aware of the decision.

Chapter Nine

Final Provisions

Article (38)

Notification Requirements

The Committee shall commit to all notification requirements outlined in the relevant provisions of the Code and international standards, as specified in the Committee's anti-doping rules.

Article (39)

Confidentiality and Annual Reports

The Committee shall undertake to prepare and publish an annual report on its anti-doping activities and shall provide a copy to (WADA).

Principles of cooperation in the field of anti-doping results, public transparency, responsibility, and respect for the privacy of all athletes or individuals shall align with the relevant provisions of the Code and international standards, as indicated in the Committee's anti-doping rules.

Information exchange and management shall be carried out in accordance with international standards.

Article (40)

Automatic Binding Effect of Decisions of Signatory Organizations to the Code

The automatic binding effect of decisions made by organizations signatory to the Code must be in compliance with the relevant provisions of the Code and international standards, as detailed in the Committee's anti-doping rules.

Article (41)

Recognition of Decisions of Non-Signatory Organizations to the Code

The Committee recognizes decisions taken by non-signatory organizations to the Code if it finds that these decisions were made within the authority of that organization and that the anti-doping rules of that organization are consistent with the Code.

Article (42)

Limitation of Violation

Procedures for a violation of anti-doping rules against an athlete or any other person shall commence within the specified time frame outlined in the Code and international standards, as detailed in the Committee's anti-doping rules.

Article (43)

Anti-Doping Rules Updates

The Committee shall commit to applying all amendments and updates received on anti-doping rules, considering them an integral part of this Regulation once those updates have been implemented in the Code and international standards by (WADA).

Article (44)

Amendment and Interpretation of the Regulation

The Committee shall be responsible for implementing, interpreting, and amending the provisions outlined in this Regulation, with the approval of the Olympic Committee. It shall be permitted to invite representatives from sports federations to participate in discussions concerning these matters.

This Regulation and any amendments made thereto shall be disseminated to sports organizations and other concerned authorities.

The provisions of this Regulation shall not be applied retrospectively to matters pending before their entry into force, and these matters shall be completed in accordance with the controls in force at the time their cases arise, and their results shall be recognised.

Article (45)

Reorganisation of the Committee and Transfer of Assets

The dissolution, termination or reorganization of the Committee for any legal reason is to be executed through a decision issued by the Olympic Committee. Any remaining assets of the Committee shall be allocated towards fulfilling all its outstanding obligations and commitments. The decision shall specify the methods for disposing of the remaining assets.

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Regulation No. (2) of 2022 on Establishing and Forming the Youth Empowerment Committee in the Public and Private Sectors

13 Jul, 2022

161.45 KB, 6 Pages

Disclaimer: The official version of the law and any amendments thereto is published in Arabic in the Official Gazette. This version of the law, including amendments thereto, is provided for guidance and easy reference purposes. The Legislation & Legal Opinion Commission does not accept any liability for any discrepancy between this version and the official version as published in the Official Gazette and / or any inaccuracy or errors in the translation. For any corrections, remarks, or suggestions, kindly contact us on translate@lloc.gov.bh Published on the website on May 2024 Regulation No. (2) of 2022 on Establishing and Forming the Youth Empowerment Committee in the Public and Private Sectors, as amended President of the Supreme Council of Youth and Sports: Having reviewed the Legislative Decree No. (5) of 1983 amending Emiri Decree No. (2) of 1975 establishing a Supreme Council for Youth and Sports, as amended; And upon the submission of the Minister of Youth and Sports Affairs; And after coordination with the competent authorities; Hereby Decides: Article One A committee called (Youth Empowerment Committee in the Public and Private Sectors) shall be established, referred to in this Decision as (the Committee). [1]Article Two The Committee shall be formed under the presidency of the Minister of Youth and Sports Affairs, and with the membership of: 1- Representative of the Ministry of Industry and Trade as Vice President. 2- A representative of the Ministry of Education. 3- A representative of the Ministry of Interior. 4- A representative of the Ministry of Information. 5- A representative of the Ministry of Labor. 6- A representative of the civil service. 7- A representative of the Economic Development Council. 8- A representative of the Labor Fund 9- Two representatives from the private sector based on the nomination of the Bahrain Chamber of Commerce and Industry. 10- Two representatives of the Lamy body chosen by the Chairman of the Committee. 11- Two youth representatives chosen by the Committee Chairman. A decision shall be issued by the Chairman of the Committee to nominate its members, based on the nomination of each of the aforementioned entities, provided that the level of representation is not less than the rank of Assistant Undersecretary or someone similar, with the exception of Clauses (9), (10) and (11) of the first paragraph of this Article. Article Three Their term of office shall be of two years, renewable. If the position of any of the committee members becomes vacant for any reason he shall be replaced by the same instrument by someone representing the same entity or category, and the new member shall complete the term of his predecessor. Article Four The Committee aims to achieve the following objectives: 1- Monitor the empowerment of youth in public and private sector institutions. 2- Explore training, scholarship and career advancement opportunities for youth in line with their capabilities and aspirations, while serving the institutional interest. 3- Coordinate with public and private sector institutions to establish committees concerned with youth empowerment. 4- Fulfil the aspirations of youth, listen to their opinions and ideas within the correct legal frameworks. 5- Evaluate and enhance national policies and strategies related to youth empowerment. 6- Ensure the involvement of highly skilled and high-performing youth in the ongoing development processes across all sectors for the public benefit. 7- Develop and showcase youth talents to contribute to institutional excellence and sustainability. 8- Work on establishing a detailed information database related to youth empowerment in the Kingdom of Bahrain and strive to keep it updated in coordination with all concerned government authorities and private sector institutions. Article Five The Committee shall convene upon the invitation of its president at the time and place determined by him. The Committee meeting shall be deemed valid with the presence of a majority of its members, including the committee president or his deputy. The committee shall issue its decisions by a majority vote of the members present, and in case of a tie, the side to which the president belongs shall prevail. Article Six The committee president shall appoint a rapporteur from among the employees of the Higher Council for Youth and Sports, based on the nomination of the Secretary-General of the Council. The committee rapporteur shall be responsible for preparing the committee's agendas, notifying the members thereof, recording the minutes of the meetings, and performing other tasks assigned to him by the committee president. Article Seven In order to perform its tasks, the Committee may assign one or more of its members to study one or more of the topics presented to it. It is also permissible for the Committee to form working groups from among its members to carry out any tasks related to the committee's work. The Committee may seek the assistance of experts and specialists as it deems necessary and it may invite them to attend its meetings for discussion and to listen to their opinions or to provide it with the information it deems necessary to carry out its functions. However, Those who are consulted in the committee's work shall not have the right to vote. Article Eight The committee shall coordinate with public and private sector institutions in order to complete its work. Article Nine Those concerned - each within his jurisdiction - shall implement this Decision, and it shall come into force the day following the date of its publication in the Official Gazette. President of the Supreme Council for Youth and Sports Khalid bin Hamad bin Isa Al Khalifa Issued on: 14 Dhu al-Hijjah 1443 A.H. Corresponding to: 13 July 2022 [1] Amended per Regulation No. 2 of 2023

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Regulation No. (5) of 2021 regarding Determining the Form of Companies that Sports Clubs May Take, the Rules Governing their Work and the Mechanism of their Control

02 Mar, 2021

210.01 KB, 10 Pages

Disclaimer: The official version of the law and any amendments thereto is published in Arabic in the Official Gazette. This version of the law, including amendments thereto, is provided for guidance and easy reference purposes. The Legislation & Legal Opinion Commission does not accept any liability for any discrepancy between this version and the official version as published in the Official Gazette and / or any inaccuracy or errors in the translation. For any corrections, remarks, or suggestions, kindly contact us on translate@lloc.gov.bh Published on the website on May 2024 Regulation No. (5) of 2021 regarding Determining the Form of Companies that Sports Clubs May Take, the Rules Governing their Work and the Mechanism of their Control The Minister of Youth and Sport Affairs: Having reviewed the Commerce Law promulgated by Legislative Decree No. (7) of 1987, as amended; Law of Associations, Social and Cultural Clubs, Private Bodies Working in the Field of Youth and Sports and Private Institutions promulgated by the Legislative Decree No. (21) of 1989, as amended; Commercial Companies Law promulgated by Legislative Decree No. (21) of 2001, as amended, and its Implementing Regulation promulgated by Decision No. (6) of 2002, as amended; Law No. (18) of 2012 regarding Brand Names; And Legislative Decree No. (27) of 2015 regarding Commercial Register, as amended by Legislative Decree No. (52) of 2018; And after coordination with the Minister of Industry, Commerce and Tourism; Hereby Decides: Chapter One Definitions Article (1) In applying the provisions of this Decision, the following words and expressions shall have the meanings assigned to them below, unless the context requires otherwise: Kingdom: The kingdom of Bahrain. Ministry: The Ministry concerned with sports affairs. Minister: The Minister concerned with sports affairs. Competent Directorate: Directorate of Legal Affairs and Licenses at the Ministry. Club: The sports club established in the form of a commercial company or its entity is changed to that in accordance with the provisions of the Societies, Social and Cultural Clubs and Private Institutions in the Field of Youth, Sports and Private Institutions, promulgated by Legislative Decree No. (21) of 1989. Club Administration: The Board of Directors of the company, its Directors or its Board of Managers, according to the form of the company. Chapter Two Establishment of the Club Article (2) In the establishment of Clubs, the rules and provisions stipulated in the Commercial Companies Law promulgated by Legislative Decree No. (21) of 2001, Legislative Decree No. (27) of 2015 regarding Commercial Register and the decisions issued by the Minister concerned with commerce affairs shall be followed. Article (3) a- It shall be permissible for Clubs to take one of the following forms: 1- A limited liability company, which shall be permitted to be a non-profit company. 2- Closed joint stock company. b- Clubs shall not convert from one form of company to another or merge except with the approval of the Ministry. Chapter Three Licensing the Club to Work in the Field of Sports Article (4) a- Clubs shall not work in the field of sport except with a licence issued by the Ministry. b- The legal representative of the club shall submit the request for license to the Ministry concerned with commerce affairs, and it shall include all the required data and documents in accordance with the forms prepared for this by the Ministry. Article (5) The license shall be subject to the following conditions: 1- Submitting a copy of the company’s Articles of Association project and its charter, if any, provided that it shall include the following: a) The name of the Club, which is used in all its correspondence and transactions, and shall not be changed or amended by deletion or addition except with the permission of the Ministry, and without prejudice to the provisions stipulated in Law No. (18) of 2012 regarding Brand Names, and it shall not be permissible in all cases for the Club to take a name that calls for confusion between it and another Club. b) The purposes for which it was established and its headquarters, provided that it shall be in the Kingdom. c) The financial resources of the Club. 2- Fulfilment of the conditions stipulated in Article (11) of this Decision in the Club founders. 3- Submission of a letter from the partners or the legal representative of the legal person specifying who is responsible for its management. 4- Payment of the prescribed fees. 5- Submission of the security approval from the Ministry of Interior. 6- Presentation of any other information or documents that the Competent Directorate deems to be necessary to decide on the request for the license. Article (6) The Ministry shall be decide on the request for license within thirty days from the date of its submission, and the Ministry shall have the right to reject the request for license in the following cases: 1- Absence of any of the conditions mentioned in Article (5) of this Decision. 2- If the community does not need the services of the Club. 3- The existence of other sports Clubs that meet the needs of the community with regard to the activities that will be practised. 4- If the establishment of the Club is inconsistent with the public interest. 5- Invalidity of the Club's headquarters or the place of practising its activity in health, social or sports terms. 6- If the Club was established with the intention of reviving another previously dissolved Club or having its license revoked, as the case may be. Article (7) The licence shall include the name and registration number of the Club. The license is granted for a period of one year, renewable for other similar terms. Article (8) The Competent Directorate shall undertake registering the Club in the register prepared for this purpose at the Ministry after licensing it, and a decision shall be issued by the Minister to publish the registration number in the Official Gazette. Article (9) a) It is permissible for the Minister, by a decision issued by him, to revoke the license or suspend it for a period not exceeding six months, in the following cases: 1- If the Club fails to achieve the purposes it was established to achieve. 2- If the Club disposes of its funds in a manner other than those specified for it in accordance with its objectives. 3- If the Club commits a serious violation of the law or violates the public order or morals. 4- If the public interest so requires. b- The Minister shall communicate his decision to the Club by a registered letter, and it shall be implemented by the Club Administration as soon as it becomes aware of it. c- The decision shall be registered in the register prepared for this purpose in the Competent Directorate and shall be published in the Official Gazette. d- It is prohibited for any person to participate in the Club’s activity after the publication of the decision to cancel the license in the Official Gazette. Chapter Four License to Own Stocks and Shares Article (10) Ownership of stocks and shares in Clubs shall be limited to Bahrainis only, and this shall be through a personal license issued by the Ministry, and it is not permissible to waive it to others except after the approval of the Ministry. Article (11) The founders of Clubs or those who wish to own stocks or shares in them are required to have the following: a- For natural persons: 1- Shall be of a Bahraini nationality. 2- Shall not be under eighteen years old. 3- Shall be of good conduct and behaviour, and have not been previously convicted of a felony or misdemeanour of any crime or offence involving honour or integrity unless he has been rehabilitated. 4- Shall not be affiliated with any political association. b- For legal persons: 1- The legal person shall have the Bahraini nationality and shall be wholly owned by individuals of Bahraini nationality. 2- Companies in which the Kingdom, public institutions and bodies participate are permitted to obtain a license to own stocks in Clubs, in a manner that does not conflict with the laws and legislations regulating them. Article (12) The founders of Clubs or those wishing to own shares in them shall submit an application to the Competent Directorate, completing the data and documents, as follows: a- For natural persons: 1- A copy of the identity card or passport. 2- Security approval from the Ministry of Interior. 3- A certificate of good conduct and behaviour issued by the competent authority in the Ministry of Interior. 4- A statement of previous experiences in the field of sports, administration, entertainment or media supported by the relevant documents, if any. 5- Any other data or documents that the Competent Directorate deems to be necessary to decide on the request for license. b- For legal persons: 1- A copy of the company’s Article of Association and its charter, if any. 2- A copy of the registration certificate in the commercial register for companies. 3- A letter from the partners or the legal representative specifying who is responsible for managing the person. 4- A statement of the previous experiences of the legal person or those in charge of it in the sports, administrative, entertainment or media field supported by the indicative documents, if any. 5- Security approval from the Ministry of Interior. 6- Any other data or documents that the Competent Directorate deems to be necessary to decide on the request for license. Article (13) The Competent Directorate shall decide on the request for the license within thirty days from the date of its submission. In case of rejection, it shall be reasoned, and the lapse of the period without a response shall be considered as an implicit rejection of the application. Article (14) a- The licence shall include the name of the licensee and his registration number. b- The licensee shall submit a copy of the licence to the Ministry concerned with commerce affairs in order to take the necessary measures. Article (15) The licensee shall comply with the following provisions: 1- Notifying the Ministry of any change in its data on the basis of which the license was issued. 2- Not transferring the ownership of stocks and shares except with the approval of the Ministry. 3- Merges or acquisitions shall be prohibited without obtaining the approval from the Ministry. Article (16) a- A serial and indexed register dedicated to the owners of the stocks and shares in Clubs shall be established in the Competent Directorate. b- The register shall include, in particular, the names of licensees, the registration number and any other data or observations that the Competent Directorate deems necessary to include. c- It is permissible for those concerned to view the register and obtain from it a certificate stating their registration in it. d- The Competent Directorate shall maintain the register, and it is prohibited to dispose of or destroy it. The Directorate shall establish an electronic archive of this register containing all contents referred to in Article (12) of this Decision. Chapter Five Club Administration Article (17) a- The Club's affairs are managed by a Board of Directors, a Director or a Board of Managers in accordance with the charter or the company’s Articles of Association and in accordance with the provisions set forth in the Commercial Companies Law, promulgated by Legislative Decree No. (21) of 2001. The Club shall establish an administrative structure to serve all its administrative affairs and sports activities. b- A register shall be established in the Competent Directorate in which the names of the members of the Clubs Administrations shall be registered. The provisions contained in Clauses (c) and (d) of Article (16) of this Decision shall apply to this register. c- The Club Administration shall notify the Ministry of any amendment in the Club Administration within fifteen days from the date of its occurrence. Article (18) a- Without prejudice to the provisions of Article (240) of Commercial Companies Law promulgated by Legislative Decree No. (21) of 2001, and the provisions of the Law of Associations, Social and Cultural Clubs, and Private Bodies Operating in The Field of Youth, Sports and Private Institutions promulgated by Legislative Decree No. (21) of 1989, the members of the Clubs Administrations shall meet the following conditions: 1- The member shall be of a Bahraini nationality having all his civil and political rights. A non-Bahraini shall be permitted to be a member of a Club Administration after the approval of the Supreme Council for Youth and Sports based on the recommendation of the Minister. 2- Shall be interested in sports. 3- Shall not be affiliated with any political association b- The provisions of the preceding Paragraph shall be without prejudice to the rights of the owners of stocks and shares to take over the management of the Club. Article (19) The person nominated for a position in the Administration of the Club shall be approved in writing by the Ministry. Article (20) a- It is permissible for the Ministry to delegate whomever it deems fit to attend the meetings of the Club Administration or the general assembly. b- It is permissible for the Club Administration to be invited to an emergency meeting at the request of the Ministry or the Ministry concerned with commerce affairs if necessary. Article (21) It is not permissible to combine the Club Administration work with the work of any position in one of the other Clubs. Article (22) It is permissible for the Club Administration to appoint an Executive Director with a remuneration who meets the conditions specified by the Ministry. It is permissible to invite the Director to attend meetings of the Board of Directors without having the right to vote, and the Director is not permitted to carry out any other work for remuneration or without remuneration except with the permission of the Club Administration and the approval of the Ministry. Article (23) The Club Administration shall undertake the following competences: 1- Laying the foundations and programs that help to raise the technical level of the sports teams in the graded age groups that represent them in the matches of the participating sports federations within the limits of the general policy set by the competent sports federation. 2- Establishing the internal regulation, the sports activity regulation and the health regulation. 3- Forming permanent or temporary committees to discuss and organize the various affairs and activities of the Club, whether from among the members of the Club Administration or the members of the Club, and it is permissible to seek the assistance of experts from outside the Club. 4- Drafting the annual report of the various aspects of activity in the Club, and informing the Ministry of a copy of it. 5- Examining the proposals and complaints submitted by the members. 6- Appointing the employees of the Club, determining their wages and taking disciplinary action against them. 7- Any other competences stipulated in the Commercial Companies Law promulgated by Legislative Decree No. (21) of 2001 and the decisions issued in implementation thereof. Chapter Six Regulation of Technical and Administrative Work of the Club Article (24) The Club Administration shall set the necessary regulations to regulate the technical and administrative work of the Club as it deems appropriate and in a manner that does not conflict with the Commercial Companies Law promulgated by Legislative Decree No. (21) of 2001 and the decisions issued in implementation thereof, and it shall submit these regulations to the Ministry for approval. These regulations shall be as follows: a) Internal regulation: It shall include the implementing matters necessary to achieve the objectives and goals of the Club, and it shall include the following matters: 1- Rules regulating membership affairs in the Club and mechanisms for complaints and penalties. 2- Opening and closing times of the Club. 3- Rules and procedures for attendance of the visitors to the club. 4- Rules for the use of the Club's facilities and stadiums. 5- Rules for organizing the Club's registers, books and archives. b- Sports activity: It shall include the following matters: 1- Systems and rules of the sports activities at the Club. 2- Procedures and conditions for contracting with supervisors and coaches for sports activity in the Club. 3-The competencies of supervisors and coaches, their duties, relationship with the Club Administration and the competent their sports federations, and other matters related to the organization of sports activity in the Club internally and externally. C- Health regulation: It shall include the general health and prevention rules that apply in the Club and the healthcare systems of the players and their treatment in case of illness or injuries. Article (25) a- The Club Administration shall comply to keeping the commercial books in accordance with the provisions stipulated in the Commerce Law promulgated by Legislative Decree No. (7) of 1987 and other relevant decisions. It shall also keep the following registers at the Club's headquarters: 1- The registration register of members showing the name of each member, surname, nationality, profession, date of birth, date of admission to membership and his personal number. 2- A register in which the records of the Club Administration’s meetings shall be recorded, provided that the records shall be signed by the President. 3- A register of the records of the meetings of the general assembly. 4- Contributions registration book and registration fees. b- The Council is permitted to establish other registers and books as may be required by the business needs of the Club. c- Prior to starting work on the registers and books, it is required that each of its pages are numbered with serial numbers and stamped with the seal of the Club. Article (26) The Club shall not pay any money to any player or any member of the technical, administrative, medical or arbitration bodies without entering into a contract regulating the relationship between the parties, provided that a clause regulating mediation and arbitration shall be included in the contract, taking into account the relevant rules of the laws and regulations of the sports federations concerned. Article (27) A- The Club Administration shall notify the Ministry of a copy of all contracts it enters into, whether with athletes or employees, contracts for the sale or purchase of real estates or land or contracts for the lease or investment of any of these. b- The Club Administration shall annually submit a copy of the audited financial data to the Ministry. Chapter Seven General Provisions Article (28) The Club shall operate within the framework of the general policy set by the Ministry and the Ministry concerned with commerce affairs and shall be subject to their control. It shall also commit to following the general policy, programs and directives determined by the sports federations for the game in which the Club participates. Article (29) a- It is not permitted for the Club to hold matches with foreign teams, whether inside or outside the Kingdom, except after obtaining permission from the competent sports federation and the written approval of the Ministry. It is also not permitted for the Club to receive funds or gifts from persons or bodies based outside the Kingdom or to send any of this to it except with the written permission of the Ministry and in accordance with the procedures prescribed by law for collecting funds for public purposes. b- It is not permitted for the Club to belong to, participate in or join an association, authority, club or federation based outside the Kingdom without prior permission from the Ministry. The passage of forty five days without a decision on the aforementioned application for affiliation, participation or accession shall be considered as an implicit rejection of the application. Article (30) The Club is prohibited from engaging in political or religious matters. Article (31) Employees who are designated by an order issued by the Minister concerned with Justice Affairs, in conjunction with the Minister, shall have the capacity of the judicial officer in the implementation of the provisions of this Decision, and the clubs shall enable the assigned judicial officer to carry out the inspection work and verify the application of the provisions of this Decision. They shall also facilitate the inspection procedures and extend full cooperation to the judicial officer in order to enable them to access all the correct data and information necessary to perform their tasks. Article (32) The provisions of this Decision shall not prejudice the right of the Ministry concerned with commerce affairs to supervise and control the administrative and financial affairs of the Club. Article (33) The concerned -each within his jurisdiction- shall implement the provisions of this Decision, and it shall come into force the day following the date of its publication in the Official Gazette. The Minister of Youth and Sport Affairs Ayman bin Tawfeeq Almoayed Issued on: 21 Jumada al-Akhir 1442 A.H. Corresponding to: 3 February 2021

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