CAS

IOC assembly as taxi confidential

IOC assembly as taxi confidential

PYEONGCHANG, South Korea — Pretty much every culture has a saying that goes something like this: what’s good for the goose is good for the gander. 

There’s a corollary that goes like this, courtesy of the late and very excellent American comedian George Carlin: let’s not have a double standard — one standard will do just fine.

So it was especially rich to listen to the International Olympic Committee, at its 132nd session, its annual congress, carry on at length Tuesday over the Russian doping saga, in particular the Swiss-based Court of Arbitration for Sport’s decision last week to clear 28 Russians of doping at the Sochi 2014 Games and free 11 other Russians of life bans. 

The outrage! The frustration! The rancor! The conflict! And it was all on television, or Twitter, or Periscope, for everyone. Such theater!

Frosty in PyeongChang

Frosty in PyeongChang

PYEONGCHANG, South Korea — Ryan Bailey is an American sprinter. 

He won a silver medal in the 4x100 relay at the London 2012 Summer Games. But he had to give it back because of teammate Tyson Gay’s doping conviction. Like many sprinters, Bailey then gave bobsled a go. Last January, Bailey tested positive himself for a stimulant in a case involving a dietary supplement called Weapon X. Based on a "light degree of fault,” a three-member American Arbitration Assn. panel gave him a mere six months off.

The United States Anti-Doping Agency appealed to the Swiss-based Court of Arbitration for Sport. In December, in a decision little noticed except in track and field and bobsled circles, in the arcane world of sports lawyering and of course in Ryan Bailey’s entourage, CAS slapped Bailey with two years — a signal to one and all not in the United States that anti-doping jurisprudence in the United States might well be considered, well, weak.

What in the world does this have to do with the CAS decision last Thursday to clear 28 Russians of doping at the Sochi 2014 Olympics? The prospect of an appeal from that decision to the Swiss Federal Tribunal? Tensions between the World Anti-Doping Agency, CAS and the International Olympic Committee? 

Pretty much nothing, and at the same time — it's a riff on everything.

 

So you're telling me there's a chance?

So you're telling me there's a chance?

PYEONGCHANG, South Korea — Do you escalate a fight if by so doing you run the very real risk of losing a much-bigger battle?

Metaphorically speaking, this is the dilemma confronting the International Olympic Committee in the wake of a Court of Arbitration for Sport ruling earlier this week that cleared 28 Russians of doping allegations at the Sochi 2014 Games and released 11 others from life bans. The 28 are eligible for PyeongChang; the other 11, no.

That ruling immediately presented the IOC with two separate but related decision trees. A dazzling number of complexities are at issue. Let’s cut through the clutter:

1. Is the IOC under any obligation to invite the 28 to the 2018 Winter Games?

2. Should the IOC appeal the CAS ruling to the Swiss Federal Tribunal?

It's not a thing to be guilty just because you're Russian

It's not a thing to be guilty just because you're Russian

PYEONGCHANG, South Korea — So predictable. Almost inevitable, really.

That checks-and-balances thing? The way a tribunal is supposed to rein in the political impulse — to find appropriate calm amid even the most heated discourse?

If you are reasonable, Thursday’s layered decision from the Swiss-based Court of Arbitration for Sport rebuffing the International Olympic Committee’s overreaching position on the Russians can be described, and elegantly, in a single word.

Justice.

Every single person in the world is entitled to have his or her case decided on the basis of the facts levied against him or her. It’s that simple. That profound, too.

Guilt by association is wrong. Judged by the company you keep — no. It’s not a thing to be guilty just because you’re Russian. 

Doping and the problem of cheap, easy narratives

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RIO de JANEIRO -- Lilly King is a great swimmer. But a good sport? One who lives — in her gold-medal moment — the key Olympic values: friendship, excellence and respect?

Gold medalist Lilly King, with silver medalist Yulia Efimova to her left, posing for the cameras // Getty Images

Much of the English-speaking media proved all too eager Monday evening to latch on to an easy — and false — narrative that abruptly cast King as a virtuous American hero, striking a blow for drug-free sport in winning the women’s 100m breaststroke while slaying the notorious Russian, the sudden villain Yulia Efimova.

To read the rest of this column, please click through to NBCOlympics: bit.ly/2aNToSB

 

Choosing to be on the right side of history

The law of unintended consequences can be a horrible thing. Simply put, we don’t know what we don’t know.

If the Russians are kept out of the 2016 Olympics, what will be the import for sport? In politics? In global affairs? Don’t kid yourself. The Russian president, Vladimir Putin, can be deadly serious about a lot of things.

To be clear, this is a watershed moment in Olympic history. That’s why the International Olympic Committee needs to be on the right side of that history, and see that the Russians get to the 2016 Games in Rio de Janeiro.

The IOC president, Thomas Bach, at a meeting last month // IOC

There surely will be critics, loud and long.

But the right to be judged as an individual is central to everything the Olympic movement stands for.

At least in theory.

No question: Russia is a key player in the Olympic scene. Putin is arguably one of the three leading figures in international sport, along with International Olympic Committee president Thomas Bach and, maybe, whoever is in charge of FIFA this week.

The Russians — unlike, for instance, the United States — have not only staged but helped to underwrite any number of significant recent events: the 2013 world track and field championships and Summer University Games, 2014 Winter Games and 2015 world swim championships. Not to mention any number of World Cups in any number of sports, winter and summer.

And, of course, they are due to stage the 2018 soccer World Cup.

Ordinarily, doping matters do not occasion news releases from the head of state, no matter where. Here, though, was Putin earlier this week, in a Kremlin statement, referring to the boycotts of the 1980 and 1984 Games:

“In short, people had their dreams broken and became hostages of political confrontation. The Olympic movement found itself in a serious crisis and faced divisions within. Later, some of the political figures of that era on both sides admitted that this had been a mistake.

“Today, we see a dangerous return to this policy of letting politics interfere with sport. Yes, this intervention takes different forms today, but the essence remains the same; to make sport an instrument for geopolitical pressure and use it to form a negative image of countries and peoples. The Olympic movement, which is a tremendous force for uniting humanity, once again could find itself on the brink of division.”

What happens if doping allegations keep the Russians out of Rio? No one knows.

Not much taken with the Russians? Just wait until the only places left to bid for major events are the Gulf States and, oh, Azerbaijan.

One thing we do know: the Russian matter has exposed the complete and utter hypocrisy from those who would ban athletes from an entire state without proven, reasoned, calm justification.

We know this, too, about Thursday’s decision by the Swiss-based Court of Arbitration for Sport: it is not, repeat not, the case that the Russians, even those on the track and field team, are absolutely out of Rio. The door is for sure open, as a close reading of the CAS matter makes plain.

This, too: the door is still open for Russians in other sports to take part in the Games, which begin Aug. 5, just two weeks away. Indeed, swimming’s international governing body, FINA, on Thursday put out a release saying it was “pleased” to “reveal” the “final entry list” for synchronized swimming at the 2016 Olympics. There on the list of eight teams, between Japan and Ukraine: Russia.

What we do not know is what the IOC, its policy-making executive board due to meet Sunday, is going to do in the aftermath of the CAS ruling, and amid extraordinary scrutiny.

At issue are arguments on both sides.

But the more compelling argument is in favor of the Russians.

That may be a super-unpopular position —especially in the west, and in particular the United States, Canada and Great Britain, where the mainstream media has largely been riding a nouveau Cold War-style rush to judgment.

But it’s true.

And for that core reason:

The Olympics are about fair play.

Everyone — repeat, everyone — deserves to be judged individually. That is the essence of fairness.

On Thursday, for instance, the U.S. Anti-Doping Agency announced that Nataliya Lehonkova, 33, a track and field athlete from Ukraine, had tested positive in February for meldonium after taking it last August and November — but would not face sanction based on guidelines issued June 30 by the World Anti-Doping Agency.

She got judged individually.

Last week, USADA announced it was not going to levy sanction in the matter of an 18-year-old American gymnast, Kristen Shaldybin, of Highwood, Illinois, who tested positive June 7 for a prohibited diuretic. Why? Because it was in tap water that ran through the municipal water supply.

She got judged individually.

Remember, as Sting said, if in a very different context, the Russians love their children, too. The Russians are human beings. Just like you and me. That essential dignity deserves not just to be recognized but honored. That is the Olympic ideal.

For those who believe that what’s at stake is the honor and integrity of the Olympic movement,  check.

The arguments in favor of a wholesale Russian ban go like this:

One, banning the Russians means being on the side of "clean" athletes.

No, it doesn't. The authorities can't prove that anyone is "clean" any more than they can prove that the 68 Russians are collectively dirty. Marion Jones passed hundreds of doping tests. So did Lance Armstrong. Moreover, there's a strong element of intent associated now with the anti-doping rules, and notions such as "choice" can be subject to varying interpretation in different parts of our world. Maybe even in Russia.

Two, the McLaren Report offers evidence of state-sponsored doping. If ever a state deserved to be sanctioned, it’s now and that state is Russia. Yes, there will be collateral damage — in particular the 68 athletes on the track and field team. Sorry, you 68, about that.

That’s not the way any reasonable, rational or logical system of law, ethics, morality or policy works.

At least one of which we can be proud.

And for many, many reasons.

To begin:

In what context, primarily, does the phrase “collateral damage” assume its most significant meaning? War, of course. The Olympics are about promoting peace.

In the 100 year-plus history of the modern Olympic movement, a state has been kept away (or the Games canceled) for only three reasons: war, apartheid and the subjugation of women. Who wants to make the case that doping — no matter how serious — rises to the station of war, or apartheid, or the diminishment of an entire class of human beings?

The evidence in the case against Russia is based on allegation. Again, the entire case against Russia right now is based on allegation only. Are those allegations extraordinarily suggestive? Yes. Are they more likely than not true? Could well be. But have they been tested in a formal setting, under oath, subject to cross-examination? Not at all. Without that — without due process and, especially, the crucible of cross-examination — it’s unfair in the extreme to proceed with broad sanction.

-- The pole vault champion Yelena Isinbayeva Thursday, after the CAS decision, decrying "pseudo-gold medals." The last sentence, before the emoji string, says, "Power is always feared." --

The Russians can and should be held to the most rigorous standard. But so should everyone.

If you think Russia is the only nation in the world where you could allege state-sponsored doping — call me immediately, because I have a beautiful bridge in Brooklyn I would be delighted to sell.

The United States is the only country in the world where Olympic sport is not an arm of a federal ministry. Just three years ago, Turkey suspended 40 track and field athletes for doping, 20 of whom were under age 23. Because there has been no formal inquiry like the McLaren Report into Turkey, Turkey is in the clear but Russia is under the gun? What if adequately funded investigators were sent into — pick any one — Kenya, Ethiopia, China or Jamaica?

To be clear: that the United States does not operate a ministry of sport hardly excuses American athletes and their record over the years. See, again, Armstrong and Jones. And others.

To which the immediate response is: yes, but the Russians are (allegedly) state-sponsored! OK. Take off those red, white and blue American goggles. Now put on the red, white and blue Russian ones. For years, the U.S. Postal Service, an independent arm of the United States government, underwrote the Armstrong team. Now draw a meaningful distinction — go ahead, still waiting — between what is alleged in Russia and what has been proven in the United States in regard to Armstrong’s massive doping conspiracy and cover-up.

Perspective matters. A lot. Like due process and cross-examination.

The CAS ruling Thursday was decided on what lawyers would call narrow grounds, reference to a section of Rule 22 issued by track and field’s worldwide governing body, the International Association of Athletics Federations.

To be fair, international federations have to be able to approve and exert some degree of control over their member federations. No quarrel there.

But even in confirming that athletes whose national federations are suspended by the IAAF are ineligible for competitions held under IAAF rules, the CAS panel made plain the way out for the IOC — should it so choose.

Which, of course, it should.

First, the CAS panel explicitly noted that the IOC was not a party to the matter. Thus, the sport court said, it had “no jurisdiction” to decide whether the IOC could accept or decline Russian track and field athletes.

In practical terms, this amounts to blinking red lights and screaming sirens at a train crossing — it says, pay attention, because we just told you it’s OK to take the Russians even if we didn’t explicitly say so.

This is in line, and not coincidentally, with the position taken by the Association of Summer Olympic International Federations, which on Tuesday put out a statement that said, in part, “It is important to focus on the need for individual justice in all these cases and ASOIF endorses all IF decisions, including those that take into account collective responsibility of organizations under the IFs' governance.”

Next, the IAAF, recognizing that a wholesale ban could prove problematic, to say the least, sought June 17 to give the 68 Russians a path to Rio: prove a) “clearly and convincingly” that b) you were outside the country and c) subject to effective controls, then d) you could apply to compete but e) only as a “neutral” athlete.

So: not only did you have to be outside Russian jurisdiction, you also had to meet standards for being tested at a level comparable to your competition but without being told what those standards are. Who to look at? Who are your competitors? If you’re ranked 11th, who? Numbers 1, 2 and 3? Or numbers 8, 9 and 10? Someone else?

Let’s say we’re talking distance running. Now your competitors, for the sake of argument, might be Ethiopian and Kenyan. Hello?

What if you are a sprinter? The Jamaicans? The Americans? Jimmy Vicault, who is French?

What about any of that is fair?

Neutral athletes? What, Russians who “clearly and convincingly” could so prove are going to line up in Rio as a “neutral” nation, marching in the opening ceremony just in front of, say, Norway, their newly designed flag depicting a syringe with a big red X on it?

Would “Neutral” fans have to show up the stadium dressed only in gray?

Would those fans shout: “Go Neutral! Go Neutral!” Just like “U-S-A! U-S-A!” Or, “Aussie-Aussie-Aussie oi-oi-oi!”

Absurd.

So absurd that, in practice, only two of 68 Russians have been able to meet the IAAF conditions.

Accordingly, the CAS panel said it was “concerned” about the “immediate application with retroactive effect” of the IAAF’s June 17 policy, explaining: “Since such Rule invokes criteria based on long-term prior activity, it left no possibility in practice, and as applied, for the Claimant Athletes,” the Russians, “to be able to try to comply with them.”

Back to keeping-it-simple talk: “concerned” in legalese translates to “this is wrong, people.”

Essentially, it is super-unfair.

Which leads directly back to the central proposition:

The three core Olympic values are respect, excellence and friendship, all of which point toward fair play and the recognition that every single person in our broken world deserves to be accepted as an individual and, moreover, measured by his or her own conduct.

Anything less is a gross violation of the Olympic spirit, and on the wrong side of history.

And being on the wrong side, as history teaches, is very, very likely to provoke a whole host of unintended consequences.

CAS: Could, should, even might have been asked

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Three years ago, in the space of a week, 40 track and field athletes in Turkey were suspended for doping offenses. Each got a two-year ban. Of those 40, 31 came in a one-day chunk. Of those 31, 20 were 23 or younger.

Did track and field’s international governing body, the International Association of Athletics Federations, move to ban Turkey? No. Was what happened in 2013 within the current four-year Olympic cycle? Obviously. And yet — the IAAF is seeking now to effect a ban against Russia, and 68 track and field athletes, for the Rio Games? Logically: explain the difference, please.

If only.

At a hearing Tuesday, the Swiss-based Court of Arbitration for Sport — meeting behind closed doors — took up the matter of the Russian ban. An appeal, brought by the Russian Olympic Committee, challenges the IAAF action last November, upheld last month, that seeks to suspend the Russian track and field federation and those 68 athletes, including pole vault diva Yelena Isinbayeva, from the Games amid allegations of a state-sponsored doping conspiracy.

CAS intends to deliver a ruling Thursday. That decision is widely expected to help guide International Olympic Committee policy heading toward the Aug. 5 start of the Games.

Leaving the hearing, Isinbayeva told Russia 24, a state-owned news channel, that she was “optimistic.”

She should be.

A photo posted by Yelena (@isinbaevayelena) on

-- Yelena Isinbayeva on her Instagram account from Tuesday's CAS hearing in Switzerland --

The case pits the notion of collective responsibility against what is elemental in any system of justice, individual adjudication.

Because the CAS hearing was conducted in secrecy, nobody knows what was discussed, or what the three-member CAS panel might have asked.

Like the matter of the Turkish track and field bans three years ago, which assuredly provides an intriguing precedent, the only limit to what might have been asked is the imagination.

Here, then, are a variety of queries that might have been, should have been, maybe even were asked:

— The presumption of individual innocence is a bedrock principle in the law. Why should that presumption be stood on its head in this matter?

— In theory, this CAS case is limited to track and field. However, since any decision is likely to weigh significantly on any IOC action, please answer this fundamental inquiry: why, if a Russian track and field athlete might be banned, should a Russian synchronized swimmer or gymnast — with no record of doping, per the report advanced Monday by the respected Canadian law professor Richard McLaren — be similarly affected?

Doesn’t that underscore all the more the imperative for individualized justice?

— The IAAF task force that reported in June to the federation’s policy-making executive council asserted, at point 5.2: “A strong and effective anti-doping infrastructure capable of detecting and deterring doping has still not yet been created. Efforts to test athletes in Russia have continued to encounter serious obstacles and difficulties; RusAF appears incapable of enforcing all doping bans; and RUSADA is reportedly at least 18-24 months away from returning to full operational compliance with the World Anti-Doping Code.” RusAF is the Russian track and field federation, RUSADA the nation’s anti-doping agency.

These absolutely are serious allegations deserving of careful consideration. At the same time, these same allegations could be made of any of dozens of nations in our world. To name just a few of note in the track and field context: Kenya, Ethiopia, Jamaica. Why a ban aimed only at Russia?

In noting Russian sports minister Vitaly Mutko’s assertion that “clean Russian athletes should not be punished for the actions of others,” the IAAF task force responded, at point 6.1: “There can only be confidence that sport is reasonably clean in countries where there is an engrained and longstanding culture of zero tolerance for doping, and where the public and sports authorities have combined to build a strong anti-doping infrastructure that is effective in deterring and detecting cheats.”

Same question: why Russia only when reason and logic dictate a lack of confidence elsewhere in the world as well?

Jamaica, for instance, contributed only $4,638 toward WADA’s $26 million 2016 budget. Kenya and Ethiopia, $3,085 apiece. How do such contributions in any way suggest legitimacy in the campaign to ensure doping-free sport?

— From the same June IAAF task force report: "At a time when many athletes and members of the public are losing confidence in the effectiveness of the anti-doping movement, the IAAF must send a clear and unequivocal message that it is prepared to do absolutely everything necessary to protect the integrity of its sport ..."

Doesn't this sort of rhetoric merely confirm the theory, advanced by many, that the IAAF bid to ban the Russians is nothing but a play rooted in politics and, as well, public relations?

That the IAAF took the easy way out with the understanding that, per the checks and balances built into the international sport system, this court could then address the Russian grievance -- the IAAF knowing it could then proclaim it had been tough but got overruled by sport's judicial branch?

IAAF president Seb Coe, here at the European championships earlier this month, attended Monday's CAS hearing // Getty Images

-- In a bid to remediate the ban, the IAAF established this policy:

"If there are any individual athletes who can clearly and convincingly show that they are not tainted by the Russian system because they have been outside the country, and subject to other, effective anti-doping systems, including effective drug-testing, then they should be able to apply for permission to compete in International Competitions, not for Russia but as a neutral athlete."

Remediation is a basic principle of law. When such a policy permits one or perhaps two of 68 to qualify, how is this sort of remediation in any way reasonable or fair?

— Mr. McLaren's report, commissioned by the World Anti-Doping Agency, alleges state ties in the wide-scale doping of Russian athletes, and across various sports.

The report suggests that such evidence rises to the level of “proof beyond a reasonable doubt.” Has any of that evidence been tested in a formal tribunal, in particular by cross-examination? If not, isn’t any claim of “proof beyond a reasonable doubt” empty?

— Mr. McLaren’s report says that he would have offered more evidence but he ran out of time. Is it a coincidence, or something more, that Monday, July 18, was an IOC deadline for “entry by name” to the 2016 Games? Is that why Mr. McLaren’s report came out that morning?

More: if Mr. McLaren wanted or needed more time, why didn’t he just take it and provide a more thorough inquiry?

— Mr. McLaren’s report offers literally no proof that Mr. Mutko authorized any of the alleged misconduct it details. Without such evidence, how can a broad-based sanction stand?

— Switching to technical matters, first the Olympic Charter.

Rule 27.3: the national Olympic committees hold “the exclusive authority for the representation of their respective countries at the Olympic Games.” Again, “exclusive.” That means, in this instance, the Russian Olympic Comnittee.

On what legal grounds does the IAAF, an international federation, assert it has the right to interfere with such exclusivity?

Back up to Rule 26.1.5. The IFs, the Charter says, “assume the responsibility for the control and direction of their sports at the Olympic Games.” Nowhere does that rule provide an IF any say over entries.

But Bylaw 2.1 to Rules 27 and 28 does: the NOCs “decide upon the entry of athletes proposed by their respective national federations.”

More on the same point:

Rule 40 says a “competitor” must “respect and comply with the Olympic Charter and World Anti-Doping Code.” The Russians assert they have been submitting to regular testing over the past several months.

Bylaw 1 to that rule says each IF “establishes its sport’s rules for participation in the Olympic Games, including qualification criteria, in accordance with the Olympic Charter.” Again, not entry.

When the Charter seeks to use the word “entry,” it does so. Rule 44 declares, “Only NOCs recognized by the IOC may submit entries for competitors in the Olympic Games.” Not an IF. And no note here about IF review of any entries.

Bylaw 4 to Rule 44:

“As a condition precedent to participation in the Olympic Games, every competitor shall comply with all the provisions of the Olympic Charter and the rules of the IF governing his sport. The NOC which enters the competitor is responsible for ensuring that such competitor is fully aware of and complies with the Olympic Charter and the World Anti-Doping Code.”

Rule 46 details the 'role of the IFs in relation to the Olympic Games." Bylaw 1.7:

“To enforce, under the authority of the IOC and the NOCs, the IOC’s rules in regard to the participation of competitors in the Olympic Games.”

To emphasize: doesn’t that plainly relegate an IF such as the IAAF to the secondary role of “enforcing” participation “under the authority” of the IOC and, in this instance, the Russian Olympic Committee?

— The World Anti-Doping Code, in Article 10, explicitly envisions sanction only when an individual athlete is tied to specific misconduct. How to jibe a broad ban with the Code?

— The Code, Article 11: “In sports which are not Team Sports but where awards are given to teams, Disqualification of other disciplinary action against the team when one or more team members have committed an anti-doping rule violation shall be as provided in the applicable rules of the International Federation.” How can the IAAF apply a broad ban to an entire “delegation” when the rules specifically call for sanction against a “team” such as a 4x100 relay?

— Again from Article 11: consequences against teams are premised on an “Event” or “Event Period’ such as the period of an Olympic Games. There is no “Event” here. How can a broad sanction against the entire Russian delegation, not a team, stand?

— The U.S. Anti-Doping Agency’s charge was, essentially, to be a contractor. When, exactly, did USADA — which has been lobbying furiously in the Russian matter — become a self-proclaimed Olympic movement “stakeholder”? And is that appropriate?

— Like USADA, the IAAF has said it broadly seeks to promote — to take from an IAAF news release — “clean athletes and sport justice.” Is it really here to protect “clean athletes”? Or to protect just the ones it wants to protect?

— Outside each and every U.S. Post Office flies an American flag. The U.S. Postal Service served for years as the primary sponsor of Lance Armstrong’s team during the Tour de France. USADA’s “Reasoned Decision” calls the Armstrong matter “a massive doping scheme, more extensive than any previously revealed in sports history.” What is the distinction between, on the one hand, sponsorship by an independent agency of the U.S. government and, on the other, what is alleged to have happened in Russia?

Cycling’s worldwide governing body, the UCI, did not move to ban the entire American cycling team. Yet the IAAF is seeking to ban the Russians.

Really?

2020 -- fairness in IOC rules?

LAUSANNE, Switzerland -- The International Olympic Committee here this week announced a series of seemingly benign rules designed to guide the process by which it will, in 2013, select the city that will stage the 2020 Summer Games. If 2013 seems a long time away, 2020 seems almost silly. A first-grader would be just about to start his or her junior year in high school by the time the opening ceremony of those 2020 Games rolls around.

That's how far ahead the IOC works. It has to. The Games, particularly the Summer Games, are a multi-faceted event that involves government, business, volunteers, fans and, of course, athletes. It is further noting the obvious to observe that a Games also requires billions of dollars, among considerable other resources.

The IOC is thus only being practical, indeed judicious, to promulgate rules. The issue at hand is whether these rules,  announced on the occasion of the IOC's first policy-making executive board meeting of 2011, will indeed prove benign.

Without question, the 2020 rules illustrate just how incredibly differently the IOC can move in the bid and campaign spheres than does FIFA, international soccer's governing body.

At first glance, the IOC rules would seem innocuous enough.

By the end of this month, the IOC is due to send a letter with the 2020 timelines to the more than 200 national Olympic committees.

A letter is supposed to then go out on May 16 asking for the names of interested cities. Already, the Italian National Olympic Committee has said it will nominate Rome. Other cities that may yet be in the mix: Durban, South Africa; Tokyo; Madrid; Istanbul; Doha, Qatar; Dubai, United Arab Emirates.

A bid from the United States seems unlikely. Not impossible but, at this moment, improbable.

For the first time, a prospective bid city must comply with World Anti-Doping Agency rules and accept the jurisdiction of the Court of Arbitration for Sport.

Then comes the kicker.

Let's say a prospective bidder wants to stage the 2020 Games outside what the IOC now calls the "normal Olympic Games period," meaning between July 15 through August 31.

That would-be bid has until July 29, 2011, to tell the IOC it wants to go outside the normal dates.

In turn, the IOC will come back a month later -- by Aug. 29 -- "regarding WADA compliance, CAS and the proposed dates."

This is where things might very well get very interesting, a long, long way before the Sept. 7, 2013, vote itself -- in Buenos Aires -- for the 2020 winner.

In the 2016 bid contest, the IOC allowed Doha to stay in the race for months and gave it solid technical scores but then declined to pass it through to the final round -- the so-called "candidature" phase, where cities ultimately go before the voters. The alleged reason: it's too hot in Qatar.

That didn't seem to bother FIFA, particularly once the Qataris proved they could cool the stadiums down to temperatures in the high 70s with new technology. And of course Qatar won the 2022 World Cup.

For 2020, these new rules give the IOC the flexibility -- that is, if it were so inclined -- to cut Doha (or any place, for that matter) much earlier in the process than was the case in the 2016 campaign.

Asked by a Brazilian journalist Thursday about how FIFA and the IOC assess temperatures in Doha, Rogge said at a news conference,

"On the issue of temperature, I think you have to compare apples with apples and pears with pears.

"When Doha, when Qatar was bidding [for 2016], they made the proposal to organize the games at the end of October, beginning of November. The temperature then was much too high. The proposal of FIFA is one of December [and] January, when the temperature is lower, so there is no discrepancy between the two. I don't think that FIFA would consider to organize the games in October, November …"

Well, not really. The Qatar proposal was, like all the other 2022 proposals, for mid-summer. Which the IOC president was gently reminded of a few moments later.

To his credit, he immediately acknowledged he had misspoken:

"It is true … that the original foreseen dates of the FIFA World Cup for 2022 was mid-June, end of July, something like that, which is the traditional date of the FIFA World Cup. That is what is in the documents. FIFA followed it on the basis of this period with air-conditioned venues.

Then I think it was started with Franz Beckenbauer, who spoke first about the winter, and the whole discussion came about the winter. More I can not say. This is definitely not an issue for the IOC. I will not intervene into that. The issue for the IOC was different.

"The [2016] dates were end of October, November, which were still considered as being too hot for the athletes but also being also some type of hindrance for the international sporting calendar, and then ultimately we said no.

"The situation might be reviewed by an exception granted by the executive committee but ultimately the IOC will always want to have the Games to be organized in ideal climactic conditions. There's no way we are going to jeopardize the health of the athletes."

It's far from clear that the IOC is truly after "ideal" climactic conditions. I don't remember that being the case in hot and steamy Athens or Beijing. For that matter, I don't remember the weather in Vancouver being "ideal."

The issue is whether Doha, Dubai and other non-traditional bid candidates that are technically capable of staging the Games are going to get the chance to make their case -- to get the opportunity to go before the voters. That's what's at stake.

Time will tell.

--

As the Associated Press reported, the U.S. Olympic Committee and IOC opened talks here Tuesday in Lausanne in a bid to resolve a long-running dispute over the USOC's share of certain revenue shares.

The USOC delegation went home almost immediately afterward. At Thursday's news conference, Rogge called Tuesday's meetings "very constructive," and said, emphasizing that he was not giving a deadline, "I expect this to be solved much faster than was originally anticipated."

All that is to the good. The sooner the better, frankly.

On Thursday, as far as the AP's Steve Wilson and I could tell, he and I were the only Americans in or around the Chateau de Vidy, the IOC headquarters. Steve, who has been a good friend for a dozen years, is based overseas. So, apparently, the only American who actually lives in the United States and who was here at Vidy on Thursday was me.

Which is surely some sort of sad comment on the scope and nature of the relationship the United States of America has at this moment in time with the International Olympic Committee.