CHARTER FOR THE ASIAN RACING FEDERATION
The Articles hereunder are agreed by all those National Racing Authorities or other bodies or entities which currently constitute the Full Membership, Associate Membership and Affiliate Membership of the Asian Racing Federation (“Federation”), and by those which may be approved to join the Federation in the future.
ARTICLE 1 – PURPOSE, OBJECTIVES & FUNCTIONS OF THE ASIAN RACING FEDERATION
Purpose
- The purpose of the Federation is to promote the sustainable growth of thoroughbred racing and breeding within the Federation’s footprint, and positively contribute to the sport’s global development by supporting its members to achieve the highest consistent standards of integrity, welfare and quality control, and provide enduring benefits for their stakeholders and broader society.
Objectives
- The objectives of the Federation shall be to:
- promote and advance horse racing and breeding within the Federation footprint;
- drive ongoing improvements to racing integrity standards, including through dedicated efforts to combat illegal betting and control the use of prohibited substances and practices;
- promote measures to protect the welfare of horses and participants;
- encourage the sustainable development of racing and breeding operations, including through promoting social contributions and addressing climate change;
- regularly and effectively engage with members and other stakeholders;
- exchange ideas and information, develop relationships and foster goodwill, amongst members;
- encourage and promote education and talent development, and the diversification of pathways for future generations;
- contribute to international discussions on key racing issues;
- ensure that high standards of race ratings and quality control processes are in place;
- promote the internationalisation of horse racing, including by striving for harmonisation of racing rules and regulations amongst members;
- maintain and facilitate the international movement of horses;
- develop and strengthen the global brand of horse racing as sports entertainment.
Functions
- The functions of the Federation shall be to:
- facilitate the sharing of ideas, information, intelligence and expertise amongst members and with other regional/ international bodies;
- foster and enhance international cooperation among stakeholders to fight the threat of illegal betting and other financial crimes to horse racing integrity and to ensure the social acceptability of racing;
- encourage and assist members to develop better practices to improve integrity standards and racing quality, and to protect the welfare of horses and participants;
- represent and advocate for the Federation and its members at the International Federation of Horseracing Authorities (“IFHA”) level;
- plan and execute the Asian Racing Conference (“Conference”) (held bi-annually);
- develop regional consistency in medication control policies and practices;
- implement and administer general rules, and assist in coordinating programming, in respect of the highest quality races within the Federation footprint;
- support international efforts to enable the international movement of horses.
ARTICLE 2 – MEMBERSHIP
General
- Subject to clause 5 of this Article 2, membership shall be recommended by the Executive Council and shall be conferred at the sole discretion of the General Assembly on any National Racing Authority which may make application to join the Federation.
- Except where otherwise determined by the General Assembly in exceptional cases, Full Membership may be granted only to a National Racing Authority which, in the opinion of the Federation, has a legitimate established or developing racing industry within its country or Special Administrative Region.
- Except where otherwise determined by the General Assembly in exceptional cases, Associate Membership may be granted only to a National Racing Authority which:
- is located in a country or Special Administrative Region which, in the opinion of the Federation, has a newly established and developing racing industry; or
- has recently become a National Racing Authority and is located in a country or Special Administrative Region which has a legitimate established or developing racing industry.
- Full Membership or Associate Membership shall in general only be conferred on a National Racing Authority and will not normally be conferred on other national or regional racing or racing-related organisations.
- Affiliate Membership may, at the sole discretion of the Executive Council, be conferred on a racing-related organisation.
- National Racing Authorities making application for membership need to be granted either Affiliate or Associate Membership in the first instance and may later apply for admission to a different category of membership, provided that only an Associate Member may apply for Full Membership.
- Any Member may resign from the Federation by giving notice in writing to the Secretariat.
- A Member with Full Membership may voluntarily revert to Associate Membership by giving notice in writing to the Secretariat.
- On the recommendation of the Executive Council, the General Assembly shall have the right to require a Full Member to revert to Associate Membership if, in the sole discretion of the General Assembly, it considers the circumstances require such action.
- On the recommendation of the Executive Council, the General Assembly shall have the right to cancel the membership of any Full Member or Associate Member if, in the sole discretion of the General Assembly, it considers the circumstances require such action.
- The Executive Council shall have the right to cancel the membership of any Affiliate Member from the Federation if, in the sole discretion of the Executive Council, it considers the circumstances require such action.
- Except where otherwise determined by the General Assembly in exceptional cases, a Member is not permitted to also be a member of another regional racing federation (or similar body).
- Each Member commits themselves to strict adherence to applicable legal and regulatory requirements. In particular, Members shall refrain at all times from using the Federation’s activities, directly or indirectly, as a support or framework for any behaviour whatsoever that would be contrary to the requirements of competition law.
- The current membership of the Federation is set out at Annex A.
Membership Fees
- The Federation is a not-for-profit entity.
- An annual membership fee for 1 January to 31 December shall be levied on all Members.
For membership fee purposes, Members are categorised as follows:
Category A
The Hong Kong Jockey Club
Japan Racing Association
Racing Australia
Turf Authorities of India
Emirates Racing Authority
Category B
Other members of the Executive Council not in Category A
Category C
Full Members not in Category A or B
Category D
Associate Members
Affiliate Members
At the sole discretion of the Executive Council, membership fees can be given to the Secretariat in money or in the form of an in-kind contribution.
- The membership fee accounts shall be managed by the Secretariat and approved annually by the Executive Council, and upon approval notified to all Members. The following annual membership fees currently apply:
- Category A: US$20,000
- Category B: US$10,000
- Category C: US$2,000
- Category D: US$1,000
- The levels of membership fees shall be considered annually by the Executive Council and any amendments to them shall require the approval of the General Assembly (either by circulation or at its meeting at each Conference).
- Except where otherwise determined by the Executive Council in its sole discretion, if a Member resigns from the Federation and/or the Executive Council, such Member shall still be required to pay its annual membership fee (in full) for the year in which notice is given.
Conference Fees and Income
- The Organising Committee of each Conference will establish separate Conference fees to contribute towards the cost of the Conference in their own country or Special Administrative Region.
- The amount of such fees shall require the approval of the Executive Council before being levied.
- Conference fees may be waived for all speakers and chairs who are not members or employees of racing organisations in Member countries or Special Administrative Regions.
- All income from the selling of trade stands at Conferences over and above costs of provision and assembly of these trade stands, to be agreed in advance of the start of their promotion to potential customers, shall be divided equally between the relevant host racing organisation and the membership fee account.
ARTICLE 3 – STRUCTURE OF THE ASIAN RACING FEDERATION
The General Assembly
- The General Assembly shall be the final authority of the Federation on any matters concerning:
- membership (other than Affiliate Membership);
- membership fees;
- the ARF Charter;
- any other decisions/resolutions referred to it by the Executive Council.
- The Chief Delegate and Delegation Secretary of each Full Member, Associate Member and Affiliate Member shall be entitled to attend the General Assembly.
- A quorum shall be established when a minimum of three fourths (75%) of the countries and Special Administrative Regions with Full Membership are present.
- Each Full Member shall be entitled to one vote in the General Assembly.
- Associate Members and Affiliate Members shall not be entitled to any vote on any occasion.
- Subject to clause 7 of this Article 3, any matter requiring a decision of the General Assembly shall be passed by not less than three fourths (75%) of the votes of the National Racing Authorities with Full Membership present at the General Assembly.
- A matter may, at the request of the Executive Council, be considered by the General Assembly by means of written resolution. Any such resolution shall be passed by not less than three fourths (75%) of the votes of all National Racing Authorities with Full Membership.
- Other than in exceptional circumstances, the General Assembly shall be held immediately before each Conference in order to allow decisions/resolutions to be in effect for that Conference, if applicable.
- The Chair of the General Assembly shall be the Chair of the Executive Council. If the Chair of the Executive Council is not present at the General Assembly, a Vice-Chair shall chair the meeting.
The Executive Council
- The Executive Council shall consist of:
- seven permanent members, being representatives of the National Racing Authorities of Australia, Hong Kong SAR, India, Japan, New Zealand, South Africa and the United Arab Emirates; and
- one invited member, being a representative of the country or Special Administrative Region designated to host the next Conference, provided such country or Special Administrative Region is not already represented on the Executive Council by a permanent member.
- A permanent member of the Executive Council may resign from the Executive Council by giving notice in writing to the Secretariat.
- If a National Racing Authority referred to clause 10 of this Article 3 ceases to be a Member of the Federation, its representative automatically ceases to be a member of the Executive Council.
- A quorum shall be established when a minimum of three fourths (75%) of the permanent members are present (in-person or online).
- Each permanent member of the Executive Council shall be entitled to one vote. The invited member is not entitled to vote.
- Subject to clause 16 of this Article 3, any matter requiring a decision of the Executive Council shall be passed by not less than three fourths (75%) of the votes of the permanent members present (in-person or online).
- A matter requiring a decision of the Executive Council may be determined by circulation, including by electronic means. Any such resolution shall be passed by not less than three fourths (75%) of the votes of the permanent members.
- The Executive Council shall elect at its meeting at each Conference a Chair and two Vice-Chairs from its own members who shall hold office until the conclusion of the next Conference but are eligible for re-election.
- The representative of the National Racing Authority from the country or Special Administrative Region designated to host the next Conference and who shall sit on the Executive Council for the period immediately following the conclusion of the previous Conference until the conclusion of the Conference to be hosted by that country or Special Administrative Region, shall not be entitled to vote in the election of the Chair nor the Vice-Chairs, except in the event the next Conference host is a permanent member, in which case that member shall be entitled to vote.
- Where a person leaves office as Chair or Vice-Chair before the expiry of their term, the Executive Council may elect from its own members a person to fill that vacancy, which person shall serve out the balance of that term, but who is eligible for re-election.
- Other than in exceptional circumstances, the Executive Council shall meet at the start of each Conference immediately before the General Assembly and at least once per year in the intervening periods.
- The Terms of Reference for the Executive Council are set out at Annex B.
The Secretariat
- The Secretariat shall be provided by a permanent Executive Council member, with the agreement of the Executive Council, and will be funded in a manner to be agreed by the Executive Council.
- The Secretariat shall be comprised of:
- the Secretary-General, who is appointed by the Executive Council member providing the Secretariat, in consultation with the Executive Council;
- Directors, who are appointed by the Executive Council member providing the Secretariat, in consultation with the Executive Council; and
- Officers, who are appointed by the Executive Council member providing the Secretariat.
- The Executive Council may appoint representatives of other Executive Council members to the Secretariat, with the agreement of the relevant member, on an ad hoc basis and on such conditions as the Executive Council determines from time to time.
- The Terms of Reference of the Secretariat are set out at Annex C.
The Organising Committee
- The Member, or the body approved by a Member in the relevant jurisdiction, appointed to host the Conference shall appoint an Organising Committee to undertake all the arrangements for the conduct of that Conference.
- The Organising Committee shall appoint a Chair and Secretary for that Committee, who shall hold office for the duration of that Conference.
ARTICLE 4 – DECISIONS AND DISPUTES
- The Federation has no powers to legislate on, and will not seek to be concerned with, the conduct or administration of racing or breeding or any aspect of it in any country or Special Administrative Region.
- The Federation shall not seek to make decisions or resolutions on any matter which might conflict with the internal administration, laws, practices, customs or individual interests of any Member or their country or Special Administrative Region.
- The Executive Council shall decide which matters shall be resolved by themselves and which shall be referred to the General Assembly, with the exception of matters concerning membership, membership fees and the ARF Charter, for which the General Assembly shall be the final authority.
- A Member is not entitled to make any claim for damages by reason or in consequence of the imposition, annulment, removal, variation, or remission of any decision made or purported to be made under the ARF Charter. If a Member commences external proceedings in respect of such action, this clause may be relied upon or pleaded as a bar to any such proceedings.
- The Federation, the General Assembly, the Executive Council, the Secretariat, and any officers thereof, shall not be liable to any person for any loss or damage sustained by that person as a result of, or in any way (either directly or indirectly) arising out of the exercise of any right, privilege, power, duty, function or discretion conferred or imposed, or bona-fide believed to have been conferred or imposed, under the ARF Charter.
- Any dispute which may arise between Member countries or Special Administrative Regions which cannot be resolved by mutual agreement may be referred to the Executive Council for adjudication.
- The Executive Council may refer any such matter to the IFHA for adjudication, provided the parties in dispute are members of the IFHA.
Approval by National Racing Authorities
The Articles above are hereby approved by the National Racing Authorities whose names follow:
- Racing Australia
- Rashid Equestrian and Horse Racing Club
- The Hong Kong Jockey Club
- Turf Authorities of India
- Japan Racing Association
- Korea Racing Authority
- Macau Jockey Club
- Malaysia Turf Clubs
- New Zealand Thoroughbred Racing Inc
- The Royal Horse Racing Club of the Sultanate of Oman
- Jockey Club of Pakistan
- The Qatar Racing and Equestrian Club
- The Jockey Club of Saudi Arabia
- Singapore Turf Club
- The National Horse Racing Authority of Southern Africa
- The Royal Bangkok Sports Club
- Jockey Club of Turkey
- Emirates Racing Authority
- Saigon Racing Club
DEFINITIONS
In the interpretation of this ARF Charter, the following words shall have or include the meanings as follows:
“National Racing Authority” means the official racing authority of a country or Special Administrative Region.
COMMENCEMENT AND TRANSITION
- Definitions: In this Part:
- “Appointed Day” means the day on which the General Assembly approves this version of the ARF Charter to come into operation;
- “Former ARF Charter” means the versions of the ARF Charter(s) in place prior the Appointed Day.
- Commencement: This ARF Charter comes into operation and effect on and from the beginning of the Appointed Day.
- Preservation of effect, appointments, decisions and grants made under the Former ARF Charter: Everything arising, done, resolved and/or decided under the Former ARF Charter is deemed to have arisen, been done, resolved, and/or determined under this ARF Charter and, without limiting the generality of the foregoing:
- Appointments: all appointments made under the Former ARF Charter are deemed to have been made, and continue to have effect, under or pursuant to this ARF Charter.
- Decisions: all decisions made, action taken and discretions or powers exercised under or pursuant to the Former ARF Charter are deemed to continue in force and effect upon the same terms and conditions as if properly and validly made or taken under or pursuant to this ARF Charter.
- Grants of membership: all memberships of the Federation granted under or pursuant to the Former ARF Charter are deemed to continue in full force and effect upon the same terms and conditions as if properly and validly made under or pursuant to this ARF Charter.