The Basel Institute as the secretariat of the Independent Governance Committee (IGC)
After Mark Pieth was named chairman of the Independent Governance Committee (IGC) supervising the reform of the Fédération Internationale de Football Association (FIFA), the Corporate Governance section of the Basel Institute was assigned the role of the secretariat, supporting the IGC in all aspects of their work. The IGC oversaw the creation and implementation of effective structures and controls so that FIFA and its members act with integrity and confidence is restored amongst all FIFA stakeholders, including fans and the wider public.
Mark Pieth — ChairmanMark Pieth has served as Professor of Criminal Law and Criminology at the University of Basel, Switzerland since 1993. Having completed his undergraduate degree and his PhD in criminal law and criminal procedure at this university, he spent an extensive period of time abroad, most notably at the Max Planck Institute for Criminal Law and Criminology in Germany and the Cambridge Institute of Criminology in the United Kingdom. After practicing for a time as a private barrister ('Advokat'), he returned to his alma mater to complete his post-doctoral ('habilitation') thesis on sanctioning and other aspects of criminology. From 1989 to 1993, Mark Pieth was Head of Section - Economic and Organised Crime at the Swiss Federal Office of Justice (Ministry of Justice and Police). In this role, he drafted legislation against money laundering, organized crime, drug abuse, corruption and the confiscation of assets. As a government official and later as an independent consultant, he also acquired extensive experience in international fora, amongst other things, serving as Member of the Financial Action Task Force on Money Laundering (FATF), Member of the Chemical Action Task Force on Precursor Chemicals and Chair of an intergovernmental expert group charged by the United Nations with determining the extent of the illicit traffic in drugs. From the mid-1990s to the present, Mark Pieth has held a range of functions at the international level. He has chaired the OECD Working Group on Bribery in International Business Transactions since 1990. In spring 2004, he was appointed by the UN Secretary General to the Independent Inquiry Committee into the Iraq Oil-for-Food Program. In autumn 2008, Mark Pieth joined the Integrity Advisory Board of The World Bank Group (IAB), advising the President of Bank and the Audit Committee on integrity issues.
José Luis AstiazaránJosé Luis Astiazarán has served as Executive President of the Spanish Professional Football League since 2005. He is also Executive President of the Foundation of Professional Football and Vice-President of the Royal Spanish Football Federation. Prior to his current appointments, he was Executive President of the Real Sociedad de Futbol and Vice President of the first division clubs of the Spanish Professional Futball League. Mr. Astiazarán was also a practicing lawyer in the lawfirm Astiazarán y Astiazarán Abogados, specializing in civil, commercial and sports law and courts.
Lord (Peter) GoldsmithLord (Peter) Goldsmith QC, PC is Chair of European and Asian Litigation at Debevoise & Plimpton LLP. Lord Goldsmith served as the UK’s Attorney General from 2001-2007, prior to which he was in private practice as one of the leading barristers in London. He became Queen’s Counsel in 1987 and has judicial experience as a Crown Court Recorder and a Deputy High Court Judge. Public appointments he has held include: Chairman of the Bar Council of England and Wales, Co-Chairman of the International Bar Association Human Rights Institution, Board member of the American Bar Association Rule of Law Initiative, Co-Chairman of the ICC Taskforce on Arbitrations Involving States and Chairman of the UK Financial Reporting Review Panel. He has an active international litigation practice and is a current member of the British House of Lords serving on the House of Lords Select Committee on the Constitution.
Leonardo GrossoLeonardo Grosso has been a FIFPro Board Member since 1994 and FIFPro President since 2010. He began his career as a goalkeeper in Serie A with Genoa in 1963 before joining Serie B club Perugia in 1970. After four seasons with Perugia he signed for SPAL Ferrara in 1974 before ending his career with Modena in Serie B in 1978. During his 15-year career he performed in over 400 league appearances in Italy’s two top divisions. Leonardo is a professional lawyer, an AIC (Italian Players’ Union) Board Member, the President of the AIC UNLUS Solidarity Fund and a member of the Board of the Fondo Fine Carriera Giocatori ed Allenatori di Calcio (a Fund for Football Players and Coaches who ended their career). He also serves as vice-commissioner of ENPALS (a social services institute for professional athletes).
Sunil GulatiSunil Gulati is the current president of the United States Soccer Federation (USSF) and a lecturer in Economics at Columbia University. He serves as a senior advisor to the Kraft Group. Elected in March 2006, Mr. Gulati has been one of the most influential figures in the development of US soccer over the past 30 years. Mr. Gulati served as USSF Vice-President for six years and played a key role in major USSF decisions for many years prior to his election as president.
Carlos HellerCarlos Heller has 44 years of experience in Public Management in the Cooperative Movement in Argentina. Since 2005, he has been serving as President of Credicoop Bank, a cooperative banking organization that chose Mr. Heller as its General Manager when it was founded in 1979. Mr. Heller was also the first Vice Chair of the Association of Public and Private Banks of the Republic of Argentina, the Vice President of the International Association of Cooperative Banks and was a member of the Executive Committee of the Confederation of Popular Banks. Mr. Heller was Vice-President of the Boca Juniors Football Team, Argentina’s most famous and popular team. Mr. Heller is an elected member of the National Congress for the Autonomous City of Buenos Aires with a mandate until December 2013.
Michael HershmanMichael Hershman is President and CEO of the Fairfax Group. He is an internationally recognized expert on matters relating to transparency, accountability, governance and security. The Fairfax Group has advised governments, corporations and international financial institutions on issues pertaining to the conduct of senior-level officials and/or the entities with which they do business. In December 2006, Mr. Hershman was appointed Independent Compliance Advisor to the Board of Directors of Siemens AG, a company with more than 400,000 employees. Mr. Hershman served as Senior Staff Investigator for the Senate Watergate Committee, the Chief Investigator for the Federal Election Commission, and as Chief Investigator for a joint Presidential and Congressional Commission reviewing state and federal laws on wiretapping and electronic surveillance. Immediately before founding the Fairfax Group, Mr. Hershman was Deputy Auditor General for the Foreign Assistance Programme of the U.S. Agency for International Development (USAID). Mr. Hershman is a Member of the Board of Directors and Chair of the Audit Committee for the Canter for International Private Enterprise. For the past ten years he has been a member of, and Vice Chairman of the INTERPOL International Group of Experts on Corruption (IGEC), and for the past 12 years, he has sat on the Board of the International Anti-Corruption Conference Committee (IACC). For the past three years, Mr Hershman has been selected as one of the one hundred most influential people in business ethics by the Ethisphere Institute. Mr. Hershman is founder of the International Anti-Corruption Academy an International Organization located in Austria and is Chairman of the Academy Senior Advisory Board.
Guillermo JorgeGuillermo Jorge is founder and managing partner of Guillermo Jorge & Asociados, a Buenos Aires based legal and consulting firm specialized in preventing and enforcing anticorruption and anti-money laundering laws and regulation and asset recovery remedies. Mr. Jorge is also an active consultant for international organizations and Latin American governments. Mr. Jorge is serves as the Director of the on Program on Corruption Control at San Andres University School of Law and was Drapper-Hills fellow at the Center for Democracy, Development and the rule of Law at Stanford University (2009), Reagan-Fascell fellow at the National Endowment for Democracy (2006), and fellow at the Stanford Center for Latin American Studies (2002). Recent publications include International Standards against Money Laundering, in Bernd Klose (ed.), Asset Tracing & Recovery, The FraudNet World Compendium, 2nd Ed., Dr. Erich Schmidt-Verlag, Berlin, Germany, forthcoming, 2012; Políticas de control de lavado de dinero, in Tokatlián, Juan G. (ed.), Drogas y prohibición: una vieja Guerra, un Nuevo debate, El Zorzal, Buenos Aires, 2010; Recuperación de Activos de la Corrupción, Editores del Puerto, Buenos Aires, 2008; The Peruvian Efforts to Recover Proceeds from Montesino´s Criminal Network of Corruption, in Pieth, M. (ed.), Recovering Stolen Assets, Peter Lang, Bern, 2008. Guillermo holds a law degree from Buenos Aires University (1995) and an LLM from Harvard Law School (2003).
James KlotzJames Klotz is a partner at Miller Thomson LLP, and Co-Chair of the Canadian firm’s International Business Transactions Group. Having led complex corporate and commercial transactions in more than 108 countries, he is widely respected for his deep knowledge and practical experience in the international business arena, his area of specialty. International anti-corruption is a related practice area. Mr. Klotz is currently President and Chairman of the Board of Transparency International Canada Inc. He is also Chair of the Bar Issues Commission of the International Bar Association, and Vice Chair of the Anti-Corruption Committee of the American Bar Association’s Section of International Law. He was previously Chair of the Canadian Bar Association’s International Law Section and Chair of its Anti-Corruption Task Force. Mr. Klotz is an Adjunct Professor of International Law at Osgoode Hall Law School.
François MorinièreFrançois Morinière has been CEO of Groupe L'Équipe - Groupe Amaury, the market leaders in sport information since September 2008 . Responsible for strategy, editorial content and financial results, François manages and oversees the development of the totality of the groups' printed media (L'Équipe, L'Équipe Mag, France Football, Vélo Magazine, Sport & Style, Journal du Golf, etc.) as well as its digital activities (internet, TV, mobile etc.). Before joining the Groupe L'Équipe - Groupe Amaury, Mr. Morinière has been the Managing Director and later the Chairman of the Executive Board of CBS Outdoor France.
Is this an Independent Committee?
As several influential NGOs from around the world have demanded, the reform process needs to be supervised by experts with a broad spectrum of specializations. This includes people who have deep knowledge of the world of football and experience in the processes that are now being looked at, including players, representatives of associations, marketing representatives and media rights representatives. It also includes experts who bring a different perspective, such as NGOs, and representatives of civil society. Lastly, there need to be specialists with professional governance-related know how such as lawyers of high standing, governance experts and investigators. This is necessary to cover all the skills and perspectives needed to support the governance reform. The Independent Governance Committee (IGC) will have the following tasks: It monitors and reviews the recommendations of the four FIFA Task Forces (Football 2014, Ethics Committee, Transparency and Compliance, Revision of Statutes) and submits the final recommendations to the FIFA Executive Committee. The IGC is independent in its recommendations and is the final authority to submit recommendations to FIFA`s Executive Committee. The IGC cannot legally enforce any changes. However, it does have the right to monitor the decision-making and implementation of its recommendations. ICG will regularly inform the public about the progress made.
Why are the Members not working pro bono?
Establishing good governance for FIFA is a serious and time-consuming professional task. It is comparable to other professional services and related responsibilities, such as audit work, forensic services, or compliance monitoring. Such work is appropriately remunerated. Of course, each Committee member is free to decide how to use his or her remuneration, including whether to use the funds for non-commercial purposes, such as university research.
Is the IGC looking into the past?
The primary goal of the effort is to establish good governance for FIFA in a timely manner, taking into account its economic, social and political significance (e.g. current officials will need to undergo the due diligence process, e.g. conflict of interest checks). Obviously a sound governance reform process is based on a risk analysis. Therefore, the IGC will consider the results of both closed and on-going investigations relating to FIFA officials. Finally, the IGC reserves the option to recommend additional investigations into the past, if it deems it necessary in order to implement its recommendations.
Personal contributions by members of the Basel Institute
- Marco Balmelli — Interview BBC Panorama “FIFA & COE”, 22. October 2010 (PDF)
- Mark Pieth — “Hier liegt Sprengkraft”, NZZ, 3. April 2012 (PDF)
- Mark Pieth — “Es hilft nur ständiger Druck”, Spiegel Online, 3. April 2012 (PDF)
- Mark Pieth — “Sportverbände dürfen kein Freiraum für Geschäftemacher sein”, Die Zeit, 1. February 2012 (PDF)
- Mark Pieth — Interview Frankfurter Allgemeine Zeitung über sein persönliches Risiko und die Herausforderungen als Fifa-Aufklärer, 25. January 2012 (PDF)
- Mark Pieth — “FIFA must show a red card to corruption”, Financial Times, January 19, 2012 (PDF)
- Mark Pieth — “Stehen internationale Sportverbände über dem Recht?”, in: Jusletter 14. March, 2011 (PDF)