ARTICLE X: PLAYER
ELIGIBILITY AND NBA DRAFT
INDEX
Section 1. Player Eligibility
Section 2. Term and Timing of
Draft Provisions
Section 3. Number of Choices
Section 4. Negotiating Rights
to Draft Rookies
Section 5. Effect of Contracts with Other Professional
Teams
Section 6. Application to “Early
Entry” Players
Section 7. Assignment of Draft
Rights
Section 8. General
Section
1. Player Eligibility.
(a) No player may sign a Contract or play in the NBA
unless he has been eligible for selection in at least
one (1) NBA Draft. No player shall be eligible for selection
in more than two (2) NBA Drafts.
(b) A player shall be eligible for selection in the
first NBA Draft with respect to which he has satisfied
all applicable requirements of Section 1(b)(i) below
and one of the requirements of Section 1(b)(ii) below:
(i) The player (A) is or will be at least 19 years
of age during the calendar year in which the Draft
is held, and (B) with respect to a player who is not
an international player (defined below), at least
one (1) NBA Season has elapsed since the player’s
graduation from high school (or, if the player did
not graduate from high school, since the graduation
of the class with which the player would have graduated
had he graduated from high school); and
(ii)
(A) The player has graduated from a four-year college
or university in the United States (or is to graduate
in the calendar year in which the Draft is held)
and has no remaining intercollegiate basketball
eligibility; or
(B) The player is attending or previously attended
a four-year college or university in the United
States, his original class in such college or university
has graduated (or is to graduate in the calendar
year in which the Draft is held), and he has no
remaining intercollegiate basketball eligibility;
or
(C) The player has graduated from high school in
the United States, did not enroll in a four-year
college or university in the United States, and
four calendar years have elapsed since such player’s
high school graduation; or
(D) The player did not graduate from high school
in the United States, and four calendar years have
elapsed since the graduation of the class with which
the player would have graduated had he graduated
from high school; or
(E) The player has signed a player contract with
a “professional basketball team not in the
NBA” (defined below) that is located anywhere
in the world, and has rendered services under such
contract prior to the Draft; or
(F) The player has expressed his desire to be selected
in the Draft in a writing received by the NBA at
least sixty (60) days prior to such Draft (an “Early
Entry” player); or
(G) If the player is an “international player”
(defined below), and notwithstanding anything contained
in subsections (A) through (F) above:
(1) The player is or will be twenty-two (22)
years of age during the calendar year of the Draft;
or
(2) The player has signed a player contract with
a “professional basketball team not in the
NBA” (defined below) that is located in
the United States, and has rendered services under
such contract prior to the Draft; or
(3) The player has expressed his desire to be
selected in the Draft in a writing received by
the NBA at least sixty (60) days prior to such
Draft (an “Early Entry” player).
(c) For purposes of this Article X, an “international
player” is a player: (i) who has maintained a
permanent residence outside of the United States for
at least the three (3) years prior to the Draft, while
participating in the game of basketball as an amateur
or as a professional outside of the United States; (ii)
who has never previously enrolled in a college or university
in the United States; and (iii) who did not complete
high school in the United States.
(d) For purposes of this Article X, a “professional
basketball team not in the NBA” means any team
that pays money or compensation of any kind –
in excess of a stipend for living expenses – to
a basketball player for rendering services to such team.
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Section 2. Term
and Timing of Draft Provisions.
An NBA Draft will be held prior to the commencement
of each NBA Season covered by the term of this Agreement
and, despite the expiration of the other terms of this
Agreement pursuant to Article XXXIX, prior to the commencement
of the 2011-12 NBA Season (or, if the NBA exercises
its option to extend the Agreement pursuant to Article
XXXIX, prior to the commencement of the 2012-13 NBA
Season). Each such Draft will be held prior to the July
10 preceding the commencement of the NBA Season on a
date to be designated by the Commissioner.
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Section 3. Number
of Choices.
(a) The NBA Draft shall consist of two (2) rounds, with
each round consisting of the same number of selections
as there will be Teams in the NBA the following Season.
Each Team shall be required to exercise any and all
draft selections in its possession during each round
of the Draft.
(b) If, pursuant to any provision of this Agreement
or the NBA Constitution and By-Laws, any Team is required
to forfeit one or more draft pick(s) in a particular
NBA Draft, the number of players selected in the applicable
round of the Draft will be reduced by the number of
such forfeitures. (Thus, for example, if Team A is required
to forfeit the ninth pick in the first round of the
Draft (at a time when there are thirty (30) NBA Teams),
there will only be twenty-nine (29) players selected
in the first round of such Draft.) In the event the
forfeiture relates to one or more first round picks,
the Rookie Salary Scale will be adjusted as set forth
in Article VIII, Section 1(b)(2). Other than as specifically
agreed to herein, nothing contained in this Agreement
shall be deemed to be an agreement of the Players Association
to any provision of the NBA Constitution and By-Laws.
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Section 4. Negotiating
Rights to Draft Rookies.
(a) A Team that drafts a player shall, during the period
from the date of such NBA Draft (hereinafter, the “Initial
Draft”) to the date of the next Draft (hereinafter,
the “Subsequent Draft”), be the only Team
with which such player may negotiate or sign a Player
Contract, provided that, on or before the July 15 immediately
following the Initial Draft (for a First Round Pick),
or in the two (2) weeks before the September 5 immediately
following the Initial Draft (for a Second Round Pick),
such Team has made a Required Tender to such player.
If a Team has made a Required Tender to such a player
and the player has not signed a Player Contract within
the period between the Initial Draft and the Subsequent
Draft, the Team that drafted the player shall lose its
exclusive right to negotiate with the player and the
player will then be eligible for selection in the Subsequent
Draft.
(b) A Team that, in the Subsequent Draft, drafts a player
who (i) was drafted in the Initial Draft, (ii) received
a Required Tender from the Team that drafted him in
the Initial Draft, and (iii) did not sign a Player Contract
with such first Team prior to the Subsequent Draft,
shall, during the period from the date of the Subsequent
Draft to the date of the next NBA Draft, be the only
Team with which such player may negotiate or sign a
Player Contract, provided such Team has made a Required
Tender to such player by the dates specified in Section
4(a) above. If such player has not signed a Player Contract
within the period between the Subsequent Draft and the
next NBA Draft with the Team that drafted him in the
Subsequent Draft, that Team shall lose its exclusive
right, which it obtained in the Subsequent Draft, to
negotiate with the player, and the player will become
a Rookie Free Agent as of the date of the next NBA Draft.
(c) If a player is drafted in an Initial Draft and (i)
receives a Required Tender, (ii) does not sign a Player
Contract with a Team prior to the Subsequent Draft,
and (iii) is not drafted by any Team in such Subsequent
Draft, the player will become a Rookie Free Agent immediately
upon the conclusion of the Subsequent Draft.
(d) If a player is drafted by a Team in either an Initial
or Subsequent Draft and that Team does not make a Required
Tender to such player, the player will become a Rookie
Free Agent on the July 16 following such Draft (for
a First Round Pick) or on the September 6 following
such Draft (for a Second Round Pick).
(e) A Team may at any time withdraw a Required Tender
it has made to a player, provided that the player agrees
in writing to the withdrawal. In the event that a Required
Tender is withdrawn, the player shall thereupon become
a Rookie Free Agent.
(f) A Team that holds the exclusive rights to negotiate
with and sign a drafted player may at any time renounce
such exclusive rights, except that, if the Team has
made a Required Tender to the player, a renunciation
shall not be permitted during the time the player has
to accept the Required Tender under Article VIII. In
order to renounce its exclusive rights with respect
to a drafted player, a Team shall provide the NBA with
an express, written statement renouncing such exclusive
rights. The NBA shall provide a copy of such statement
to the Players Association within three (3) business
days following its receipt thereof.
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Section 5. Effect
of Contracts with Other Professional Teams.
If a player is drafted by a Team in either an Initial
or Subsequent Draft and, during a period in which he
may negotiate and sign a Player Contract with only the
Team that drafted him, and either (x) is a party to
a previously existing player contract with a professional
basketball team not in the NBA that covers all or any
part of the NBA Season immediately following said Initial
or Subsequent Draft, or (y) signs such a player contract,
then the following rules will apply:
(a) Subject to Section 5(b) below, the Team that drafts
the player shall retain the exclusive NBA rights to
negotiate with and sign him for the period ending one
(1) year from the earlier of the following two dates:
(i) the date the player notifies such Team that he is
available to sign a Player Contract with such Team immediately,
provided that such notice will not be effective until
the player is under no contractual or other legal impediment
to sign and play with such Team for the then-current
Season (if applicable) and any future Season; or (ii)
the date of the NBA Draft occurring in the twelve-month
period from September 1 to August 30 in which the player
notifies such Team of his availability and intention
to play in the NBA during the Season immediately following
said twelve-month period, provided that such notice
will not be effective until the player is under no contractual
or other legal impediment to sign and play with such
Team for the then-current Season (if applicable) and
any future Season.
(b) If, by July 1 of any year, the player notifies the
Team that has drafted him that by September 1 of such
year he will, immediately thereafter and for any future
Season, be under no contractual or other legal impediment
to sign and play with such Team, and provided that on
such September 1 the player is in fact under no such
contractual or other legal impediment, then, in order
to retain the exclusive NBA rights to negotiate with
and sign the player as provided in Section 5(a), such
Team must make a Required Tender to the player by September
10 of such year.
(c) If the player gives the required notice by July
1 of any year, and the Team that drafted him fails to
make a Required Tender by September 10 of such year,
the player shall thereupon become a Rookie Free Agent.
(d) If, during the one-year period of exclusive NBA
negotiating rights set forth in Section 5(a) above,
the player signs a player contract with a professional
basketball team not in the NBA and the player has not
made a bona fide effort to negotiate a Player Contract
with the Team possessing his exclusive NBA rights or
such bona fide effort is made and such Team makes a
Required Tender to such player in accordance with Section
5(b) above, then such Team shall retain the exclusive
NBA rights to negotiate with and sign the player for
additional one-year periods as measured in and in accordance
with the provisions of Section 5(a) above.
(e) If, during the one-year period of exclusive NBA
negotiating rights set forth in subsection (a) above,
(i) the player signs a player contract with a professional
basketball team not in the NBA, (ii) the player has
made a bona fide effort to negotiate a Player Contract
with the Team possessing his exclusive NBA rights, and
(iii) such Team fails to make a Required Tender to such
player in accordance with Section 5(b) above, then the
player shall thereupon become a Rookie Free Agent.
(f) If, during the one-year period of exclusive NBA
negotiating rights set forth in Section 5(a) above,
the Team makes or has made a Required Tender to the
player and the player does not sign a player contract
with any professional basketball team, then (i) in the
case of a player who was previously drafted in an Initial
Draft, the next NBA Draft following such one-year period
shall be deemed the Subsequent Draft as to such player,
and the rules applicable to a player who is subject
to a Subsequent Draft will apply, or (ii) in the case
of a player who was previously drafted in a Subsequent
Draft, such player shall become a Rookie Free Agent
at the end of such one-year period.
(g) Notice under this Section 5 shall be provided in
writing by personal delivery or pre-paid certified,
registered, or overnight mail sent to the Team’s
principal address or principal office (as then listed
in the NBA’s records), to the attention of the
Team’s general manager.
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Section 6. Application
to “Early Entry” Players.
If a player who is eligible for the Draft pursuant to
Section 1(b)(ii)(F) or (b)(ii)(G)(3) above (an “Early
Entry” player) is selected in such Draft by a
Team, the following rules apply:
(a) Subject to Section 6(b) below, if the player does
not thereafter play intercollegiate basketball, then
the Team that drafted him shall, during the period from
the date of such Draft to the date of the Draft in which
the player would, absent his becoming an Early Entry
player, first have been eligible to be selected, be
the only Team with which the player may negotiate or
sign a Player Contract, provided that such Team makes
a Required Tender to the player each year by the date
specified in Section 4(a) above. For purposes hereof,
the Draft in which such player would, absent his becoming
an Early Entry player, first have been eligible to be
selected, will be deemed the “Subsequent Draft”
as to that player, and the rules applicable to a player
who has been drafted in a Subsequent Draft will apply.
If the player, having been selected in a Draft for which
he was eligible as an Early Entry player, has not signed
a Player Contract with the Team that drafted him in
such Draft following a Required Tender by that Team
and is not drafted in the Subsequent Draft (as defined
in the previous sentence), he shall become a Rookie
Free Agent.
(b) If the player does thereafter play intercollegiate
basketball, then the Team that drafted him shall retain
the exclusive NBA rights to negotiate with and sign
the player for the period ending one (1) year from the
date of the Draft in which the player would, absent
his becoming an Early Entry player, first have been
eligible to be selected, provided that such Team makes
a Required Tender to the player each year by the date
specified in Section 4(a) above. For purposes hereof,
the Draft in which such player would, absent his becoming
an Early Entry player, first have been eligible to be
selected, will be deemed the “Initial Draft”
as to that player. The next NBA Draft shall be deemed
the “Subsequent Draft” as to that player,
and the rules applicable to a player who has been drafted
in a Subsequent Draft will apply.
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Section 7. Assignment
of Draft Rights.
In the event that the exclusive right to negotiate with
a player obtained in any NBA Draft is assigned by a
Team to another Team, in accordance with NBA procedures,
the Team to which such right has been assigned shall
have the same, but no greater, right to negotiate with
and sign such player as is possessed by the Team assigning
such right, and such player shall have the same, but
no greater, obligation to the Team to which such right
has been assigned as he had to the Team assigning such
right.
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Section 8. General.
(a) The placement of a Rookie on the Armed Services
List, or on any of the other lists described in the
NBA By-Laws, or on any other list created by the NBA,
shall not extend the period of exclusive negotiating
rights which a Team has to any Draft Rookie beyond the
period specified in this Agreement.
(b) Nothing contained herein shall prevent the NBA,
in accordance with the applicable provisions of the
NBA Constitution and By-Laws, from prohibiting or otherwise
responding to violations by Teams of the exclusive NBA
rights obtained in any NBA Draft, as set forth or referred
to in this Article. Other than as specifically agreed
to herein, nothing contained in this Agreement shall
be deemed to be an agreement by the Players Association
to any provision of the NBA Constitution and By-Laws.
(c) An Early Entry player who is eligible to be selected
in the next NBA Draft pursuant to Section 1(b)(ii)(F)
or (b)(ii)(G)(3) above shall be entitled to withdraw
from such Draft by providing written notice that is
received by the NBA ten (10) days prior to such Draft.
A player shall not be entitled to withdraw from more
than two (2) NBA Drafts.
(d) Any claim by a player that a Contract offered as
a Required Tender pursuant to this Article X fails to
meet one or more of the criteria for a Required Tender
shall be made by written notice to the Team (with copies
sent to the NBA and the Players Association), no later
than ten (10) days after the receipt of such Contract
by the Players Association. Such notice must set forth
the specific changes that the player asserts must be
made to the offered Contract in order for it to constitute
a Required Tender. Upon receipt of such notice, if the
requested changes are necessary to satisfy the requirements
of a Required Tender, the Team may within five (5) business
days offer the player an amended Contract incorporating
the requested changes. If the Team offers such an amended
Contract, the player shall be precluded from asserting
that such Contract does not constitute a timely and
valid Required Tender.
(e) For purposes of this Article X, any rights afforded
to “a Team that drafts a player” shall also
be afforded to any Team to which such rights are subsequently
assigned.
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