latycar issue

The President of ASUA (Amatuer Swimming Union of the Americas), which is the regional arm of FINA, issued a letter to the NGB (national governing bodies) in the Americas stating that the Brazilian Swim Federation had not sanctioned the masters events at LatyCar. He then advised the NGB to inform their athletes of FINA GR (General Rule) 4.5, which provides for at least a one year suspension from FINA (and therefore any affliated NGB) and upto two year suspension upon review by FINA. With the upcoming FINA Masters World Championships in Stanford California USA in August 2006, many athletes and NGB are concerned about the possibility of eligibility for upcoming events. Therefore, many athletes have withdrawn from the events at LatyCar. Although the statement is true in the letter, it is misleading. The Brazilian Swim Federation does not directly sanction any masters events, but instead the Brazilian Masters Swim Organization(s) issue the sanctions and run the competition. The timing of the letter is also interesting, since it was issued that day after registration closed. With only weeks before the competition, athletes with significant financial investiment to attend the competitions (airfare, hotels, leisure travels after LatyCar, etc) had to react quickly to recover deposits or amend their travel plans. If you visit the LatyCar website, LaytCar has written a letter to the head of FINA to try to clarify the situation. Two other factors may be involved. ASUA held its first master competition in June 2006 and it was poorly attended. LatyCar has consistently had good attendence at events; and has help grow the masters sports in the Latin and Carrebean countrys. Second, FINA has never issued a suspension against a masters athlete under GR 4.5, as far as we have been able to discover. If these suspension are issued, it might be >1000 athletes. LatyCar and ASUA in direct competition for athletes in their regional events. The FINA GR 4.5 was designed to protect FINA from other non-affliated organizations or involvement with affliated Members (NGB) which are under sanction/suspensions (like South Africa and China for a number of years in the past) generally due to the politics, more than the sports. These are the facts as I know them. Anthony Thompson

Please be advised USMS has been notified by Orban Mendoza (President of A.S.U.A. /U.A.N.A.) that members who participate in the ALL AMERICAS – LatyCar Championships could be subject to suspension for a minimum period of one year according to FINA Rule GR.4.5. FINA GR4 deals with unauthorized relations, the text can be found at www.fina.org/rules/GR/rules_gr1.htm#4 . At this time we do not know definitively what actions, if any, will be taken by FINA, ASUA or LATyCAR. Dale Neuburger (USAS President and FINA Bureau Vice President), Rob Copeland (USMS President) and other USMS leaders continue to lobby for our members to participate in this event without adverse impact to their eligibility. However, it is our responsibility to inform our members of possible consequences. If you know of any of Masters athletes who are registered for this event, please pass this information on to them. Also, inform your athletes that after conversations with the meet organizer the event will proceed as planned. We will continue to work towards finding a compromise solution that is in the best interests of USMS and our members. I will communicate any further developments via follow-up postings. Rob Copeland President – United States Masters Swimming

We just received this from the president of the Brazilian Swimming Federation… Rio de Janeiro, September 27th., 2005 OUR REF.: OFÍCIO Nº 2332/2005 JGD MR. ORBAN MENDOZA UANA PRESIDENT Dear Mr. Mendoza, The Brazilian Swimming Federation just received a fax from Mrs. Aroma Martorell, assuming that the Company “Latycar” does not have any administrative, organizational or finance responsibility on the Master Competition to be held in Sao Paulo – Brazil in October 2005. Mrs. Martorell confirms that the event will be now namely “All America 2005 – Sao Paulo – Brasil. Due to this new attitude taken by Mrs. Aroma Martorell, we herewith confirm that this Confederation officially recognizes this Competition promoted by the São Paulo Swimming Master Association, and therefore the Sao Paulo Swimming Federation will support the Event. We have already informed this decision to Mr. Cornel Marculescu – FINA Executive Director, and we kindly ask you to urgently inform this decision to all Pan American countries. Yours Faithfully, COARACY NUNES FILHO President

Does FINA have any process to hold the members of its hierarchy accountable if they flagrantly abuse their powers and/or gratuitously threaten their members?

Within the FINA Constitution (on their website: fina.org under Rules and Regulations), a provision allows disputes to be moved to a Court of Arbitration for Sports (CAS in Lausanne ?Switzerland) under item C 25. The finding of the CAS are final and binding. Otherwise, I do not see any other provisions to hold FINA accountable for their actions.

Those of you who are interested in reading the "build-up" of events leading to this politically shamefull and unwarranted attack on the ALL AMERICAS - LatyCar 2005, can read -in English- the letters, ppt's, etc. by accessing this link: www.latycar.org/.../index.htm In the land of the free, FINA needs re-evaluation... and each country's federation needs to look within themselves in order to judge itself: are they accountable to their athletes or to whom...? LatyCar's mission (WAY before ASUA dreamt of it) is unity, friendship, health and fitness thru swimming, polo, diving, synchro, open waters and postals... and that spirit will continue and prevail. Oh, and by the way, LatyCar is a non-for-profit association legally chartered under Venezuelan Law: www.latycar.org/.../1.gif It's just the beginning.... "saludos" to ya'll !!

This update was posted on the USMS web site: UPDATE - 9/27/05 We just received this from the president of the Brazilian Swimming Federation… Rio de Janeiro, September 27th., 2005 OUR REF.: OFÍCIO Nº 2332/2005 JGD MR. ORBAN MENDOZA UANA PRESIDENT Dear Mr. Mendoza, The Brazilian Swimming Federation just received a fax from Mrs. Aroma Martorell, assuming that the Company “Latycar” does not have any administrative, organizational or finance responsibility on the Master Competition to be held in Sao Paulo – Brazil in October 2005. Mrs. Martorell confirms that the event will be now namely “All America 2005 – Sao Paulo – Brasil“. Due to this new attitude taken by Mrs. Aroma Martorell, we herewith confirm that this Confederation officially recognizes this Competition promoted by the São Paulo Swimming Master Association, and therefore the Sao Paulo Swimming Federation will support the Event. We have already informed this decision to Mr. Cornel Marculescu – FINA Executive Director, and we kindly ask you to urgently inform this decision to all Pan American countries. Yours Faithfully, COARACY NUNES FILHO President

YEA!!!!!!!!!!!!!!!!!!!!!!!!!!! And here is a translation of a letter from Orban Mendoza , translated by Myriam Pero. De : Orban Mendoza TO : Federations affiliated to ASUA Dear Members of the ASUA affiliated Federations. : Mr. Coaracy Nunes Filho, President of the Brazilian Aquatic Sports Conferation, has requested that we inform all the Federations affiliated to ASUA the following: The Company “Latycar” does not have any administrative, organizational or finance responsibility on the Master Competition to be held in Sao Paulo – Brazil in October 2005. The event will be now namely “All America 2005 – Sao Paulo – Brasil” “We herewith confirm that this Confederation officially recognizes this Competition promoted by the São Paulo Swimming Master Association, and therefore the Sao Paulo Swimming Federation will support the Event.” For the reasons above, the Executive Committee of ASUA and its affiliated Federations recognizes the Masters event to be held in Sao Paulo, Brazil during the month of October 2005. We inform you of the above for the corresponding action. Regards, Eng. Orban Mendoza President, ASUA

Hello everyone...! Yes!! The ALL AMERICAS (LatyCar -and YES- legally sanctioned AGAIN over and above 2003 already sanctioned) was a grand success (we had a couple murphy laws at awards dinner) but in all aquatic Master sports swimming, postals, OW, POLO, synchro, diving, swim clinic, medical clinic... FIRST TIME in all the Americas: YES we Masters can do it alone... !! Championship Director, Dra. Aroma Martorell deserves a round of applause as she prevailed over and above dirty politics and actually pulled off a fabulously well organized meet! Stay "tuned" as soon we will publish an important message to all Masters in relation to lessons learned in our "ordeal" with the "higher ups" I invite you all to check out the site: www.latycar.org