CC MEMO -- Challenge Deadline, Media Statement

Valencia, 14:30 Friday

We are aware that additional challenges have been filed prior to today's 16:00 CET deadline. SNG is vetting the paperwork and monies. ACM CEO M Bonnefous will issue a statement with details shortly after today's deadline.

On behalf of the Challenger Commission, we are very pleased to know that we will have additional challengers to go along with the nine already filed and accepted by SNG, and we look forward to welcoming the new challengers formally at our next CC meeting here in Valencia on 10-11 May.

The field for the 2007 Louis Vuitton Cup, and the Acts in the meantime, is shaping up nicely. The largest number of challengers ever was 13 at Fremantle in 1986-87. Six of those were challenges by USA yacht clubs (it was the first time the Cup was not defended by an American yacht club); and two of the thirteen withdrew soon after the start of the Louis Vuitton Cup.

To have the number of Challengers for 2007 approaching that high water mark, but with only one from the USA, and a first-time challenger from Africa as well as a number of other countries entered for the first time, is a sure sign of the strength and vitality of the 32nd America's Cup of which we can all be proud.

Tom Ehman, Chairman
AC 32 Challenger Commission

CC MEMO -- "Sausalito Challenge 2007" Bows Out

The statement issued this afternoon by Sausalito Challenge 2007 sent with kind regards to the Challenger Commission by John Sweeney and their CC rep who has been Ashley Tobin:


April 29, 2005 – Sausalito, CA

The Sausalito Challenge 2007, founded By Tina Kleinjan, John Sweeney and Nic Clarke was unable to formally enter to challenge for the 32nd America's Cup. The team had long ago promised itself to stand by its goals to only fully process their final entry if partnered with a corporate sponsor who also shared their vision.

Unfortunately, none of the companies in which the Challenge had been in discussions with could commit in time to support the team’s strong efforts. Sadly, the dream of fielding a second US team has now come to an end. Co-Founder, John Sweeney officially notified America’s Cup Management that it would be unable to make the deadline.

The Sausalito Challenge 2007 announced its plans to become a Challenger in December of 2003, following the success of the 2002-2003 Challenge Series events held by the Sausalito Yacht Club. These groundbreaking fleet racing regattas on windy San Francisco Bay provided the idea and vision for the new format of the America's Cup fleet racing. John Sweeney and Tina Kleinjan saved and restored four, 1992 America's Cup yachts that
became the backbone of the San Francisco IACC Fleet. The team became famous for its eBay auction which was spearheaded by Tim Prouty of the Sausalito Yacht Club. On December 17th 2004, the membership of Sausalito Yacht Club led by Commodore Marge Bottari unanimously approved the Sausalito Challenge 2007 as its official challenge.

The team has been asked to consider and will therefore immediately focus into merging with an official challenger and hopes to carry the Sausalito Yacht Club burgee and members to help support another strong team.

Special mention and thanks must be given to many other important members of The Sausalito Challenge - Sponsorship Manager, Alex Gartner and the legal team of Ashley Tobin and Stefano Feltrin who tirelessly searched the globe and led important discussions with sponsors. Doug Robbins of UBS Financial services helped the team meet seemingly impossible financial deadlines. Back in New Zealand, John Morgan, the Team's Design Director has continued to work to fine-tune and finalize the team’s new AC yacht design.

Finally, The Sausalito Challenge would like to thank its supporters, friends and family and most importantly the membership and the board of the Sausalito Yacht Club for their unwavering support and for sharing the vision.

The Sausalito Challenge 2007 wishes all of the Official Challengers the best of luck and success in their quest for the America’s Cup.

CC MEMO -- Madrid's "DECISION Challenge" Bows Out

A kind email just received from Guillermo Olivié and posted with his permission:

Dear Tom,

This is to confirm to you DECISION Challenge, as the team representing the Real Club Náutico de Madrid, will not be challenging for the 32nd America's Cup.

The decision from our Main Sponsor did arrive yesterday and they will not support our venture for this campaign, although we will work together for being challenging for the 33rd America's Cup. Therefore, we could not guarantee our team competitiveness for this America's Cup edition with the sole back-up of the supports we already had on-board.

I would like to thank you, personally, and on behalf of all DECISION Challenge team members, for all the help you gave to us and all the effort you have invested in solving issues we were involved in.

If you believe there is anything we can help or cooperate in any way with you or [the Challenger Commission], please feel free to contact me directly.

We wish you good luck!

With best regards,

Guillermo
····················
Guillermo Olivié
Director General
Ops Ops Soluciones S.L.
Génova 21 · 7D
28004 Madrid
España / Spain
www.opsops.com

decision [at] decisionchallenge [dot] com

CC MEMO -- Available V5 ACC Yachts?

The Terms of Challenge provide that "...Pre-regattas held after 30 April 2005 are compulsory..." (TOC 6.6), and that "All Pre-regattas after 2004...shall be held under Version 5.0 of the America's Cup Class Rule" (TOC 6.6).

The Challenger Commission has been contacted by a prospective challenger asking if the CC knows of ACC yachts available for sale or charter that have been modified to Version 5, or could be V5'd reasonably quickly. If so, please contact the CC chairman whose contact information is on the CC Directory (password access for CC members) and we will put you in touch with the party.

CC MEMO -- "OzBoyz Challenge" Bows Out

A kind letter received today from Phil Edmiston accompanied by a news release:


Dear Tom,

After a great deal of time, effort, and consideration, it is with regret that OzBoyz Challenge informs you it will not be a challenger for the 32nd America's Cup.

Thank you for your time and effort keeping us informed, and assisting us where possible. We wish you and the AC Challenger Commission all the best for what will be an immensely challenging and rewarding time preparing for, and holding the 32nd America's Cup.

OzBoyz is moving on and preparing for the 33rd America's Cup. We hope to see you at that time.

Phil Edmiston
OzBoyz Challenge



MEDIA RELEASE--

"OZBOYZ CHALLENGE LOOKS TO 33RD AMERICA'S CUP"

Australia - April 27, 2005 - OzBoyz Challenge today informed the AC 32 Challenger Commission that it would not be challenging for the 32nd America's Cup to be held in Valencia, Spain, in 2007.

Despite a great deal of time and effort by OzBoyz Challenge to prepare for the 32nd America's Cup, it has run out of time to finalise funding and logistical arrangements required to mount a challenge of the size and expense required.

OzBoyz Challenge founding partners Seek.Com.Au; Saatchi&Saatchi; Sumo; JLM Solutions and supporters have shown tremendous energy to try and get OzBoyz Challenge to the 32nd America's Cup.

"We must now look towards the 33rd America's Cup" said OzBoyz Challenge spokesman Phil Edmiston. "We chose a strategy based on a single national challenge supported by a national body, but were unable to attract the support necessary for a challenge of this type to succeed" continued Edmiston.

Although not participating in the 32nd America's Cup OzBoyz Challenge will be represented on the European circuit this year by Seve Jarvin, and is preparing to participate in the 33rd America's Cup. Seve will continue the young OzBoyz tradition from Michael Dunstan who competed on the Match Racing Circuit last year under the OzBoyz banner.

"Being selected to be associated with OzBoyz Challenge is a big honour at 18 years of age. I have been match racing for the last two years and my goal has always been to get gain selection to race against some of the sailing greats like Russell Coutts and Peter Gilmour," said Jarvin.

OzBoyz Challenge wishes to sincerely thank the many people who actively supported its bid to be a part of the 32nd America's Cup, and hopes that those people and many more will continue to support the OzBoyz Challenge team that will sail on the European circuit this year, and its efforts to be part of the 33rd America's Cup.

CC MEMO -- Challenge Fees

The fee to the Challenger Commission shall have been paid “upon challenging” (Protocol 3.4(b)(i)), regardless of when or whether the Challenge is or is not accepted as valid by SNG.

The Chairman has asked ACM CEO M Bonnefous to so advise prospective challengers, as well as the ACM and SNG people involved in receiving such challenges. The ACM CFO can provide to prospective challengers the account information for the Challenger Commission so that they may wire the monies to our CC account before this Friday's 1600 deadline.

If the prospective challenger requires a place for physical delivery of a check to the CC, they will need to contact the Chairman (whose contact information is available from ACM) to arrange that. The Chairman is in Valencia this week.

The CC will check with our bank at 1600 on Friday to see which, if any, challengers have wired such monies in lieu of physical delivery.

CC MEMO -- Challenge Deadline

Clause 4.2 of the Terms of Challenge ("TOC") states:

"Challengers may challenge in accordance with the Terms of Challenge and the Protocol until 1600 hrs on 17 December 2004. Thereafter, challenges will be accepted between 1600 hrs on 17 December 2004 until 1600 hrs on 29 April 2005 on payment of the Late Fee."

There has been some confusion in the last week or so as to whether that means prospective challengers have until 1600 on 29 April to submit the necessary papers and fees, or whether in fact such challenges, to be valid, must have been "accepted" by SNG as being valid in accordance with all the rules (a process that can take days if not weeks) before 1600 on the 29th.

In an email over the weekend to ACM, the CC Chairman, who negotiated the TOC on behalf of the Challenger of Record, expressed the firm view that "accepted" in TOC 4.2 refers to receipt of the required documentation and fees, rather than formal acceptance of a challenge by the Trustee.

Today, Hamish Ross, Alinghi General Counsel and the person who drafted the language, sent an email to ACM and the CC Chairman concurring with that view.

The full text of the TOC is available via a link at the bottom of this page on the ACM website.

CC MEMO -- More Dársena Photos

The latest weekly installment of photos of the extensive construction progressing rapidly in la Dársena Interior (the America's Cup Harbor) have been posted today on the excellent "Valencia Sailing" website, http://valenciasailing.blogspot.com/

CC MEMO -- "El Mundo" Article

[Updated 24 May 05]

Today's issue of the Spanish national newspaper El Mundo, in the special "Nautica" insert/section in the Valencia edition, contains an article written by the CC Chairman as "la voz de los desafios" -- the voice of the challengers.

The article is entitled, "A mitad de camino, no hay descanso," and the full text, in the original English, is available here. For a .pdf of the article (it's a big file -- 5 megabytes) as it actually appeared in El Mundo, click here.

REGATTA DIRECTOR -- Regatta Notice #5, Aerial Frames for the 2005 Acts

Regatta Director Dyer Jones has clarified the situation concerning Aerial Frames for the 2005 Acts in Regatta Notice #5, issued today. It begins:

"I have been advised by AC Management that the final specification for Television and Telemetry equipment will not be finalized until after the 2005 Acts. I have also been advised that the aluminum alloy extrusion that was used for constructing Aerial Frames used for ACC Rule Version 4.0 yachts built for the 31st America’s Cup (2002-2003) is no longer available. Therefore, unless necessary, and in the interest of not requiring Competitors to build a new Aerial Frame which might be subject to further modification, the Race Committee has determined the following which will be referenced in the Sailing Instructions for all Acts in 2005...."

Regatta Notice #5 is available here.

AC JURY -- Decision ACJ 005/006, +39 Applications

The Jury has issued a decision in ACJ 005/006. The full decision, issued as JN010, is available here.

Following is an excerpt from the Jury's decision giving answers to key questions posed in the +39 applications:


9. With regard to the claims by +39 concerning the individual athletes, the Jury considers that Article 21 of the Protocol does not confer jurisdiction on the Jury to resolve disputes between a Competitor and an employee athlete. Such disputes are required to be dealt with between the Competitor and athlete pursuant to whatever contractual jurisdiction arrangements they may have put in place. For the same reasons, the Jury does not have jurisdiction to order preliminary relief against an employee athlete.

10. The Jury does not consider it is required, nor has the power, to authorise a Competitor such as +39 to issue proceedings in a court or other tribunal. A Competitor is permitted to do so in the particular circumstances provided for in Article 22.3 of the Protocol. This includes claims as between Competitors and their employees including claims for breach of confidentiality.

11. The Jury considers it has jurisdiction to hear a dispute between Competitors pursuant to Article 21.4(b) of the Protocol where it relates to their participation in the Event as defined in the Protocol. This would include jurisdiction to consider the claim by +39 against El Reto concerning fair play and sportsmanship with reference to the Deed of Gift, Articles 2 and 11.2(a) of the Protocol and the Racing Rules of Sailing.

12. Recognising the principles embodied in Article 22.1 of the Protocol whereby the award of the Jury is final and binding and that Article 22.2 of the Protocol prohibits the issue of proceedings or suit in any court or other tribunal against the parties as identified in that Article, it is not the Jury’s intention or desire to have disputes that may arise in the context of the America’s Cup determined other than by the Jury, except in the very limited circumstances provided for in Article 22.3 of the Protocol.

13. If +39 chose to issue proceedings against the athletes concerned under, for example Articles 22.3(a) and (d), matters arising in those proceedings are likely to have a significant bearing on the claims by +39 for breaches of fair play and sportsmanship. If, for example, proceedings were issued in an Italian court, which in this case is the parties’ chosen jurisdiction and it is determined that the contractual arrangements were either of no effect under Italian law or had been properly terminated, this is likely to lead to a different perspective than if the reverse was the case.

REGATTA DIRECTOR -- Act 4/5 Race Officials

The Race Officials for Acts 4 and 5 at Valencia in June have been publicly confirmed by Regatta Director Dyer Jones.

Peter 'Luigi' Reggio will return as Principal Race Officer, the same role he had for the 2004 Louis Vuitton Acts. He will be joined by New Zealander Harold Bennett, the Principal Race Officer for the last two America's Cup Matches in New Zealand, Rafael 'Rafa' González, from Madrid, and Javier Escolano Hernández from Cádiz.

The press release issued by ACM is available here.


Peter "Luigi" Reggio

CC MEMO -- Valencia Weather Radar

Here is the link for the Spanish Weather "Radares Regionales." Click on the yellow ball over Valencia for its regional radar, which updates every 30 minutes at 20 and 50 minutes past the hour.

It has been given a permanent link (side bar, lower right) under "Other Links."

CC MEMO -- "Team C7 Malaysia" Bows Out

CEO Kristine Condell kindly sent her regards and appreciation to the Challenger Commission along with the press release, excerpted below, which is available in full here.


Team C7 Malaysia Withdraws Plans
To Challenge for 32nd America’s Cup 2007

Kuala Lumpur, MALAYSIA – April 13, 2005 – Team C7 Malaysia, a prospective challenger for the 32nd America’s Cup 2007, announced today that it will not challenge for the Cup. Kristine Condell, Chief Executive Officer of the team, said this decision was made with regret but the Team would continue with the scheduled activities which include competing in Europe this summer.

“This has been a remarkable journey for a small group of great people. For a new team, it is like any new business except that everything is highly condensed and issues are magnified to an intensity unimaginable.”

CC MEMO -- More Photos of Bases & Teams

There is a new batch of excellent photos of the bases being built in the Dársena, and of the temporary bases and teams at the RCNV and in Gandia, at http://valenciasailing.blogspot.com. This "Valencia Sailing" site has no connection to the CC nor, to my knowledge, ACM or any other AC-related organization.

CC MEETING (May) -- Update

Incoming CC Chairman George Clyde has confirmed the dates (10-11 May) and venue (Holiday Inn Valencia) of the next CC meeting:

• Mon 9 May: Racing Rules Seminar followed by a no-host dinner for CC Reps, Alternates, spouses and CC-invited guests.
• Tue 10 May: CC meeting and dinner kindly hosted by Louis Vuitton that evening for CC Reps, Alternates and spouses.
• Wed 11 May: CC meeting.

Leading up to the CC Meeting:

• Mon 18 April: Preliminary Agenda circulated for comments and additions through 28 April.
  
• Sun 1 May: Revised Preliminary Agenda circulated for final comments by 3 May.
  
• Wed 4 May: Agenda and associated materials circulated.

The Holiday Inn is accepting reservations at the same rate as the March meeting, buffet breakfast included. Contact:

Monica Peris
Reservations Supervisor
HOLIDAY INN VALENCIA
Tel: +34 96 303 21 24
Fax: +34 96 303 21 26
Email: reservas[at]holidayinnvalencia[dot]com

MEASUREMENT CTE -- PI 05, Mainsail Head Point

The Measurement Committee has issued Public Interpretation 05 in response to the following question: "Please issue a public interpretation to clarify the location of the head point in the case of a ring in the head of the mainsail." PI 05 is posted here.

CC MEMO -- Dársena Map

The best map of la Dársena Interior that we have come across is now posted -- click on the map, below -- and it has been given a permanent link (side bar, lower right) under "Other Links."

CC MEMO -- "Italian Challenger" Bows Out

An email today from Paolo Scutellaro, which he asked to be forwarded to the CC and said "yes" to posting on the CC blog....


Dear Mr. Bonnefous,

we regret having to tell you that Italian Challenger are not in position to be part in time at the 32th america’s Cup in Valencia missing the financial resources necessary to put in place a serious and professional participation.

I want to take the opportunity, also on behalf of Mr. Paolo Cian to thanks you and all your wonderful staff for the kind support you had all time give to us during the last year and for the great job up till now developed.

Our team will keep the organization at work for the 33th AC and for this reason I’ll be very grateful if you could keep us informed about all the update.

Hoping to see you during the races
I wish you, all your staff and all the Teams a good luck


Paolo Scutellaro
CEO
paoloscutellaro[at]yahoo[dot]it

Italian Challenger Srl
Via Camaldolilli, 59
80128 Napoli, Italy

CC MEMO -- ISAF Umpires and Match Racing Manual

ISAF has released a new Umpires and Match Racing Manual (Edition 6/05). It can be downloaded at no charge from the ISAF website by clicking here.

This document contains the "round-robin tables" that will almost certainly be referenced in the final plan for the format and scoring of the Challenger Selection Series for the Louis Vuitton Cup.

CC MEMO -- Dársena Photos

Challengers looking for some few rights-free (for editorial purposes) photos of the extensive work now taking place in the Americas Cup Harbour as team bases rapidly take shape can go to http://valenciasailing.blogspot.com/. This "Valencia Sailing" site has no connection to the CC nor, to my knowledge, ACM or any other AC-related organization.

JURY -- ACJ-003, Preliminary Decision (JN-007)

Today the Jury issued a preliminary decision in ACJ-003. An excerpt follows:

The Questions submitted by El Reto were:

(i) Is a Competitor permitted to employ a designer who has previously been engaged by a potential challenger, without restriction on what the designer has done for the potential challenger?

Answer:

No. The Competitor is prohibited by Protocol 13.5 from engaging a Designer as defined by 1.1 (l) of the Protocol, provided that the potential challenger becomes a Competitor. If the potential challenger does not become a Competitor, there is no restriction.

In the event that the answer to (i) is no:

(ii) Is El Reto able to continue its engagement with Mr Kaiko as designer?

Answer:

Having considered the responses and submissions received from a number of parties including in particular a considerable number of affidavits presented by El Reto, and Mascalzone Latino, the Jury has decided under Rules of Procedure 6.3 that a hearing is necessary to resolve this issue.


The full text of the preliminary decision is posted here.

CC MEMO -- Valencia Area Map

The best map of metropolitan Valencia that we have come across is now posted -- click on the map, below -- and it has been given a permanent link (side bar, lower right) under "Other Links."

CC MEMO -- The Daily Sail Interview

Following the March CC meeting, the Chairman was interviewed by the international yacht racing subscription website The Daily Sail (www.thedailysail.com). The interview was published in two parts the week of 21 March. With the kind permission of James Boyd, Editor and Publisher, it is now posted here.

REGATTA DIRECTOR -- Regatta Notice #4, NZL/FRA 60

The Regatta Director has approved the application from K-Challenge to change the national letters NZL to FRA for ACC yacht 60. The approval will remain in effect until the earlier of the end of the charter, the sale of the yacht, or 1 March 2007.

The approval was issued today as Regatta Notice #4.

CC MEMO -- Genoa Lettering

At its March meeting the CC supported the display of country names on genoas, and for the sake of aesthetics encouraged teams doing so to use similar lettering (location and size) to that already being used by Emirates Team New Zealand.

ETNZ CC Rep Jim Farmer agreed to provide details of their display, which follow:

• Height of lettering is 500 mm.
• Type face is Eurostyle Bold Oblique, in ETNZ's case stretched horizontally by 10% and with a stroke (extra thickness) at 2.8% when the N is at 100%.

Teams can judge location from the photo below.