CFC FIDE Representative election - Feb 2021

[Lloyd Lombard]

1. As noted by Sasha and others, this should be a forum for intelligent, well-mannered, sober deliberations regarding chess and chess-related issues. There is "no" reason for intelligent people to attempt to defile other people. Please, simply make your point, argue it, and let others agree or disagree. As noted above, this is a public forum and we want the chess community to have a sense that as chess organizers, that we have their interests at heart. I learned "many" years ago that not everyone will agree with you.
2. The legal application of "Conflict of Interest" will be decided by the organization's legislation / Bylaws or "Conflict of Interest Policy", in this case, Chapter 03, paragraph 8 of FIDE"s Bylaws states: "8. FIDE officials may not simultaneously hold another position within the organisation that creates a conflict of interest." On a "very" quick review, this is all I could find on the subject. In my view, this does not prevent any FIDE Official from being representative of the CFC as in my view, being the CFC Representative does not equate to holding a "position within the organisation."

As noted above, we are extremely fortunate to have 3 very competent people interested in the position. I'm afraid I don't have the pleasure of personally knowing any or all of them except for the information I've been provided in the past two weeks. As this point, I would put my support towards Vadim however hold out to be persuaded otherwise until the time of the final vote.

My thoughts, and all the best to the three candidates,

Lloyd

[Egidijus Zeromskis]

2. The legal application of "Conflict of Interest" will be decided by the organization's legislation / Bylaws or "Conflict of Interest Policy", in this case, Chapter 03, paragraph 8 of FIDE"s Bylaws states: "8. FIDE officials may not simultaneously hold another position within the organisation that creates a conflict of interest." On a "very" quick review, this is all I could find on the subject. In my view, this does not prevent any FIDE Official from being representative of the CFC as in my view, being the CFC Representative does not equate to holding a "position within the organisation."Lloyd

The potential conflict of interest will arise with Vadim Tsypin in the FIDE organization if elected. The CFC FIDE Representative becomes the FIDE Zonal President (that's a FIDE official), while currently VT occupies these positions at FIDE " Secretary of the FIDE MB / Deputy Head of the TAD", sometimes shows up as a "President Adviser".

[Vadim Tsypin]

1. As noted by Sasha and others, this should be a forum for intelligent, well-mannered, sober deliberations regarding chess and chess-related issues. There is "no" reason for intelligent people to attempt to defile other people. Please, simply make your point, argue it, and let others agree or disagree. As noted above, this is a public forum and we want the chess community to have a sense that as chess organizers, that we have their interests at heart. I learned "many" years ago that not everyone will agree with you.
2. The legal application of "Conflict of Interest" will be decided by the organization's legislation / Bylaws or "Conflict of Interest Policy", in this case, Chapter 03, paragraph 8 of FIDE"s Bylaws states: "8. FIDE officials may not simultaneously hold another position within the organisation that creates a conflict of interest." On a "very" quick review, this is all I could find on the subject. In my view, this does not prevent any FIDE Official from being representative of the CFC as in my view, being the CFC Representative does not equate to holding a "position within the organisation."

As noted above, we are extremely fortunate to have 3 very competent people interested in the position. I'm afraid I don't have the pleasure of personally knowing any or all of them except for the information I've been provided in the past two weeks. As this point, I would put my support towards Vadim however hold out to be persuaded otherwise until the time of the final vote.

My thoughts, and all the best to the three candidates,

Lloyd

Thank you so much Lloyd for your kind words and for your legal analysis.

You are a real gentleman who remains remarkably humble in public despite your multiple accomplishments in so many fields. Please allow me to share with our colleagues that you had a long and distinguished career in public service and you certainly have professional credentials to weigh in on such matters.

[Vadim Tsypin]

The potential conflict of interest will arise with Vadim Tsypin in the FIDE organization if elected. The CFC FIDE Representative becomes the FIDE Zonal President (that's a FIDE official), while currently VT occupies these positions at FIDE " Secretary of the FIDE MB / Deputy Head of the TAD", sometimes shows up as a "President Adviser".

For the benefit of our colleagues who are just coming to this entertaining discussion, I will reproduce in full my February 09 post.

[Vadim Tsypin]

For the benefit of our colleagues who are just coming to this entertaining discussion, I will reproduce in full my February 09 post.

Hi Vadim,

Thank you for putting your name forward and thank you for disclosing that you are "a core member of the new FIDE management team". Not withstanding your claimed chess activities, I have three questions for you.

Hello Mahmud,

I am pleased to see your keen interest in the CFC FIDE Representative election. For the Voting Members’ benefit, I am always glad to answer questions that are asked in a polite manner. I am confident that this discussion will open the eyes of the Canadian chess public. A constructive dialog and evidence-based verified information will help Canadians to learn the truth about new FIDE, including the new structure codified in the FIDE Charter adopted at the Extraordinary General Assembly in Abu Dhabi on February 28, 2020.

1- Does not this disqualify you from representing Canada? To my mind, you are clearly in a conflict of interest position. This should be clear to you and to the voting members. So, which hat will you be wearing and which interest will you be advancing? FIDE or CFC?

The answer is simple and straightforward – it doesn’t. FIDE unites 195 National Chess Federations (NCFs). FIDE and the NCFs have shared and aligned interests; they are not on the opposing sides. The FIDE Mission spelled out in the new Charter makes development of chess and strengthening the national federations FIDE’s explicit goals. Improving chess players’ social conditions and well-being is yet another area where FIDE and NCFs work hand in hand.

A layperson that is not experienced in chess governance and international affairs might be surprised to learn that FIDE actually finances the national chess federations and the specific projects they put forward. The financing is done through the direct FIDE-NCF agreement, through the FIDE Development fund and through the funding that FIDE allocates to its four continents.

Each and every person working at FIDE – be it in a paid / unpaid Commission position, an appointed FIDE Council position, or an appointed management team position – remains a patriot, a representative of their national federation, and an efficient lobbyist for the country whose flag she or he is honoured to wear on their sleeve.

I suggest that anyone interested in this issue studies the FIDE Charter which specifically addresses the dual role of those FIDE Council members who are official representatives (delegates) for their federations. Similar provisions welcome participation of Member Federations’ representatives in other FIDE bodies.

The FIDE Council is “a strategic and oversight FIDE body with law-making and executive functions.” Some of the people appointed by the FIDE President to the Council, like my dear friends and colleagues Jiangchuan Ye and Gulkiz Tulay, are also the official FIDE representatives (delegates) from their respective countries, China and Turkey, and they work tirelessly to provide opportunities such as tournaments, seminars, player development for their home countries.

The FIDE Management Board is “the executive, operational and administrative body that assists the President in the day-to-day management of FIDE activities.” We are eleven (11) people appointed personally by the FIDE President and approved by the Council. This is the body that “manages ordinary activities and resources; coordinates current activities of officials, Commissions, offices and employees; provides draft budget; supervises implementation of the budget; approves contracts.”

Several members of the FIDE Management Board who are the official FIDE representatives (delegates) from their respective countries.

• GM Victor Bologan, FIDE Executive Director, is a delegate for Moldova.
• GM Mohd Al-Mudahka, FIDE International Director, is a delegate for Qatar.
• IO Berik Balgabaev, Advisor to the FIDE President, is a delegate for Kazakhstan.

They have made their respective federations very active in FIDE affairs and achieved many agreements that were mutually beneficial for FIDE and those countries.

I am privileged to work daily side-by-side with all these above-mentioned esteemed friends and colleagues, as well as many other FIDE officials who represent their countries in a dignified and highly efficient manner, such as FIDE Council General Secretary Enyonam Sewa “Noël” Fumey (delegate from Togo), FIDE Vice-President Michael Khodarkovsky (delegate for the United States of America), FIDE Vice-President Anastasia Sorokina (delegate for Belarus), FIDE Vice-President Mahir Mammedov (delegate for Azerbaijan), FIDE Vice-President Akaki Iashvili (delegate for Georgia). I am confident that I will be as efficient as they are to bring exciting new opportunities for Canadian players, coaches and organizers once the CFC Voting Members trust me with the position of a delegate from Canada.

2- Do you receive any compensation for your management position in FIDE?

Since the President Arkady Dvorkovich’s 2018 electoral triumph, FIDE started its transformation into a transparent, open, democratic, streamlined institution that is modeled after the best Western corporations. We have a dedicated executive team. The executive compensation numbers are published in the FIDE budget (such as the 2021 budget, presented at the Dec 2020 General Assembly). As was reported to the FIDE Council at the time, the salaries for FIDE managers were cut across the board since the COVID-19 pandemic started in 2020, and remain at those reduced levels. Among other FIDE executives, I do receive compensation for my work.

3- Are you currently a governor or a management member of any CFC rival association or organization?

I am not aware of the existence of any “CFC rival associations or organizations”.

If "yes" to either Question 2 or Question 3, then you must not be a CFC voting member either because it is also a conflict of interest.

As I’ve already explained above, there is *no* conflict of interest, either from the FIDE side or from the CFC side. Both federations are partners working for the same objectives. I am puzzled by your statement that FIDE and the CFC are opponents; I suggest strongly that you study the Charter and other relevant FIDE documents.

Suffice it to say that the Chairman of the elected FIDE Constitutional Commission (CON), which reviews and oversees compliance with “FIDE Charter, Bylaws, Electoral Rules, Ethics and Disciplinary Code, Financial Rules”, is distinguished jurist and academic Roberto Rivello. Maitre Rivello is a delegate for Italy and he does a wonderful job promoting his country’s interests.

FIDE has the Code of Ethics; the Ethics and Disciplinary Commission is chaired by a renowned lawyer François Strydom (South Africa). The CFC has its Continuance papers properly filed with Corporations Canada.

I am in full compliance with both. Electing me to the CFC FIDE Representative position will be in full compliance with both. As already stated, I will look after Canada’s interests and will promote Canada’s agenda.

[Egidijus Zeromskis]

For the benefit of our colleagues who are just coming to this entertaining discussion, I will reproduce in full my February 09 post.

Vadim, what I see in your examples are "delegates". It is quite different from the Zonal President and 16.12 does not apply to them.


16.4 FIDE officials] are all persons who bear a FIDE office and/or who represents FIDE in occasion of events or competitions, even if temporary. Among others, the President, the Deputy President, the Treasurer, the Secretary of the Council, the Vice Presidents, the Continental Presidents, the Zonal Presidents, the Chairmen of Commissions, the Directorsand also the principals of FIDE Olympiads and World Championships are FIDE officials.

16.12 FIDE officials may not simultaneously hold another position within the organisation that creates a conflict of interest.

[Sasha Starr]

16.12 FIDE officials may not simultaneously hold another position within the organisation that creates a conflict of interest.
So it is obviously up to FIDE, not to you, to satisfy itself whether it's official could hold another position that indeed creates a conflict of interest.
Besides I'm curious what kind of conflict of interest could arise in the FIDE - CFC's relationship. Please explain. Provide an example.

[Egidijus Zeromskis]

Sorry, but you need to explain your curious sentence : "what kind of conflict of interest could arise in the FIDE - CFC's relationship" What is that?
To my knowledge the conflict of interest is regarding a person; companies compete or collaborate. Thus, what have you tried to say?

[Sasha Starr]

Ok, thank you for helping me out! Supposedly someone God forbid is holding executive position in both CFC and FIDE. And what kind of hypothetical situation could have arisen so that person could be found himself/herself in the conflict of interest? Please describe it if you can. Your input is greatly appreciated!

[Egidijus Zeromskis]

Supposedly someone God forbid is holding executive position in both CFC and FIDE. And what kind of hypothetical situation could have arisen so that person could be found himself/herself in the conflict of interest

Your hypothetical situation is in the Non-For-Profit Corporations Act:

"Disclosure of interest

141 (1) A director or an officer of a corporation shall disclose to the corporation, in writing or by requesting to have it entered in the minutes of meetings of directors or of committees of directors, the nature and extent of any interest that the director or officer has in a material contract or material transaction, whether made or proposed, with the corporation, if the director or officer

(a) is a party to the contract or transaction;
(b) is a director or an officer, or an individual acting in a similar capacity, of a party to the contract or transaction; or
(c) has a material interest in a party to the contract or transaction."