The case revolves around a dispute between the United States Olympic Committee (USOC) and USA Canoe/Kayak against the International Olympic Committee (IOC) concerning the eligibility of athlete Angel Perez to compete for the U.S. in the kayak event at the 2000 Sydney Olympics. Perez, originally from Cuba, had represented Cuba in the 1992 Barcelona Olympics before defecting to the U.S. in 1993. He obtained permanent residency in 1995 and became a U.S. citizen in 1999. The USOC sought the IOC's approval for Perez to compete in Sydney, but the IOC denied the request, citing Rule 46 of the Olympic Charter, which mandates a three-year waiting period after changing nationality unless the original National Olympic Committee (NOC) consents. The Cuban NOC did not agree to waive this requirement.
The USOC argued that Perez's nationality changed when he defected in 1993 or at least by 1995 when he received his Green Card, asserting that U.S. law distinguishes between "citizenship" and "nationality," with the latter including non-citizens owing permanent allegiance. The IOC countered that under U.S. law, "nationality" typically applies only to citizens or those born in U.S. territories, and Perez did not qualify as a U.S. national before his 1999 naturalization. The Court of Arbitration for Sport (CAS) upheld the IOC's decision, ruling that Perez's U.S. nationality was only established in 1999, less than three years before the Sydney Games, making him ineligible under Rule 46. The panel rejected the argument that his earlier residency or asylum application constituted a change of nationality, emphasizing the need for formal citizenship.
The legal framework for the case was governed by the CAS ad hoc Rules for the Sydney Olympics and Swiss law, as the arbitration was seated in Lausanne. The panel's jurisdiction derived from the Olympic Charter and participant entry forms. The claimants argued that U.S. law recognizes non-citizen nationals, citing the U.S. Immigration and Naturalization Act, but the panel found no broad legal precedent supporting this for Perez. They also referenced the Nottebohm case, where the International Court of Justice ruled that formal nationality could be disregarded if lacking genuine ties, but the panel distinguished this, noting Perez's substantive connection to the U.S. did not meet legal criteria for nationality before 1999.
The panel concluded that the claimants failed to prove Perez's U.S. nationality before his 1999 naturalization, rendering him ineligible under the Olympic Charter's three-year rule. The decision underscores the importance of formal legal nationality over subjective allegiance in determining Olympic eligibility. While the rule may seem harsh in individual cases, the panel affirmed its legitimacy in serving broader interests, dismissing appeals based on fairness or human rights. The application was ultimately rejected, confirming Perez's ineligibility for the 2000 Olympics.