ISCA Unauthorized Patches Policy FAQ
 ISCA Unauthorized Patches Policy FAQ

FREQUENTLY ASKED QUESTIONS ABOUT ISCA'S NEW POLICY REGARDING "UNAUTHORIZED PATCHES"

  1. Why is ISCA implementing its new policy regarding "Unauthorized Patches" at this time and what is ISCA's intent regarding the issuance of this new policy?
    ANSWER: ISCA has agreed to comply with the National BSA's policy regarding the issuance of fakes and/or unauthorized patches in an attempt to minimize/restrict the manufacture, production, creation, and/or multiple distribution of fake and/or unauthorized patches that are not made in compliance with the guidelines set by the National BSA.
  2. Is it a violation of ISCA's new policy regarding the distribution of unauthorized patches if the person trading/selling an unauthorized patch does not know that it is an unauthorized patch or other item?
    ANSWER: No. The ISCA member trading/selling an unauthorized patch or other item must know that it is not a legitimate item at the time of the trade/sale.
  3. Is it a violation of ISCA's new policy to trade/sell known fake, reproduction, or other unauthorized patches or other items manufactured prior to the date of ISCA' s new policy ( 4/14/13); for example, "Bates Fakes" and unauthorized patches made and traded at prior BSA events?
    ANSWER: No, so long as the ISCA member who trades or sells any unauthorized patch or other item known to be a fa.ke, fully discloses that fact to the recipient. L11 other words, it would not be violation ofthe new policy if the ISCA member fully discloses to the recipient(s) of the trade/sale that the item is in fact an older fake and/or older unauthorized patch, and that there is no intent to deceive the recipient(s) of the "older" fake or unauthorized item.
  4. Is it a violation of ISCA's new policy to manufacture and/or distribute items that do not mention a BSA event or activity on them, such a patch called "untrained or un-trainable"?
    ANSWER: No, the new policy only relates to the manufacture and/or distribution of fake or unauthorized patches that actually state a sanctioned BSA event or activity on them, such as "Jamboree" or "NOAC," "Conference," etc. These type of items are considered "Spoof Patches," and the seller/trader should fully disclose to the recipient that it is a spoof and not a legitimate BSA item. Moreover, the ISCA member may not and should not intend to deceive the recipient of the item, as to what the item actually is (not a BSA item).
  5. Is it a violation of ISCA's new policy to manufacture or distribute items that do not have any wording on them, but are in the shape of a flap, two piece OA set, merit badge, or CSP, for example the "Osama Bin Laden" two piece distributed at a prior NOAC?
    ANSWER: No, these types of patches are considered private issues because there is no mention of the BSA or a BSA sanctioned event on them. They are "Spoof Patches," and the seller/trader should fully disclose to the recipient that it is a spoof and not a legitimate BSA item. Moreover, the ISCA member may not and should not intend to deceive the recipient of the item, as to what the item actually is (not a BSA item).
  6. Is it a violation of ISCA's new policy to manufacture or distribute items that do not have any wording on them, but are in the shape of a flap, two piece OA set, merit badge, or CSP, for example the "Osama Bin Laden" two piece distributed at a prior NOAC?
    ANSWER: No, these types of patches are considered private issues because there is no mention of the BSA or a BSA sanctioned event on them. They are "Spoof Patches," and the seller/trader should fully disclose to the recipient that it is a spoof and not a legitimate BSA item. Moreover, the ISCA member may not and should not intend to deceive the recipient of the item, as to what the item actually is (not a BSA item).
  7. Is it a violation of ISCA's new policy if an ISCA member only trades/sells/buys "one" known item that is in fact in violation ofthe new policy as opposed to trading/selling/buying "100" issues of an unauthorized patch or fake?
    ANSWER: No. ISCA members may trade/sell/buy "an" unauthorized patch or fake from another for his/her collection so long the ISCA member fully discloses that fact to the recipient. In other words, it would not be violation of the new policy if the ISCA member fully discloses to the recipient( s) of the trade/sale/buy that the item is in fact an unauthorized patch or fake, and that there is no intent to deceive the recipient(s) of the fake or unauthorized patch. However, it is unacceptable for the ISCA member to trade/sell/buy multiples of the same unauthorized patch such that the intent is for that member to privately benefit financially from the sale or trade of these types of items. The ISCA Ethics Committee is mainly interested in sanctioning those members who are out to clearly make a personal profit by trading/selling/buying/manufacturing multiple unauthorized patches or fakes that violate the new policy. In other items, as is required by the National BSA. Again, ISCA is complying with the BSA requirements in implementing the BSA's policies on the manufacture ofBSA patches and other items.
  8. How can ISCA tell me what to collect?
    ANSWER: ISCA does not care what you collect. ISCA does not want you trading/selling /buying "Fake" or "Unauthorized Patches," as defined in its new policy, unless there is full disclosure of that fact by all parties involved in the transaction. In other words, it would not be violation of the new policy if the ISCA member fully discloses to the recipient(s) of the trade/sale/buy that the item is in fact a fake and/or unauthorized patch, and that there is no intent to deceive the recipient(s) of the fake or unauthorized patch.
  9. Is the new ISCA policy intended to cover Staff items issued by Staff groups at such events as a Jamboree and/or NOAC?
    ANSWER: Yes, if the Staff item has not been approved by and/or through your patch manufacturer with the National BSA. The BSA has implemented the same requirements on these type of patches as like other types of issues, and is now requiring those that issue them seek approval from the BSA through its licensing process prior to manufacture or distribution of the patch. It should be noted, however, that due to the current time restraints of the upcoming Jamboree and due to the fact that some ISCA members may not know ofBSA's new requirement about the Staff type patches for this Jamboree, ISCA's Ethics Committee will not severely sanction a member if it violates this rule during the upcoming Jamboree for the reasons stated above. However, a violator may be advised not to violate the policy at future BSA sanctioned events. In the future, the ISCA member should strictly follow the BSA guidelines for the manufacture of "Staff' type patches for BSA sanctioned events. However, the new policy will be strictly enforced at future BSA sanctioned events.
  10. Isn't ISCA in violation of its own new policy by issuing patches for its various events, including a jamboree or NOAC or other Conference?
    ANSWER: No. ISCA has and will continue to go through the National BSA, with its licensed patch manufacturer, to seek and obtain the proper approval for the issuance of ISCA's patches and other items, as is required by the National BSA. Again, ISCA is complying with the BSA requirements in implementing the BSA's policies on the manufacture ofBSA patches and other items.
  11. Is it a violation of ISCA's new policy to "give" a unauthorized patch to another person?
    ANSWER: No. However, it is strongly discouraged since there is an appearance that the "giver" has manufactured multiples of a patch in violation of the policy. ISCA is attempting to avoid deception to everyone with regard to unauthorized patches. ISCA members must fully disclose to the recipient(s) of the "gift" that the item is in fact an unauthorized patch, and that there is no intent to deceive the recipient(s) of the unauthorized patch.
  12. Is it violation of ISCA's new policy for a member to manufacture and/or distribute a new unauthorized patch or other item if the member obtains approval only from a Council Executive, Lodge Chief, and/or Lodge Advisor, etc.?
    ANSWER: Yes, unless the person actually issuing the approval for the patch or other item has full authority from that BSA sanctioned organization to issue his/her approval for the new item. The new item must be properly issued for a BSA sanctioned event and approved by the appropriate BSA sanctioned organization to be legitimate, not just approved by one individual who may appear to have approval authority. Moreover, again, the BSA has its own requirements for all newly manufactured BSA items to be approved by a fully licensed BSA manufacturer (see Staff items for the Jamboree as described above).
  13. What are the sanctions for an ISCA member who is found to have intentionally violated ISCA's new policy regarding Unauthorized Patches?
    ANSWER: Depending on the severity of the violation, the ISCA member may be given a private or public reprimand to cease future actions of this type, the ISCA member may be temporarily suspended from ISCA membership, or in the most severe cases of a violation, the ISCA member may be permanently expelled from ISCA membership.
  14. Does ISCA' s new policy on "Unauthorized Patches" apply to everyone or just ISCA members?
    ANSWER: ISCA has no authority to sanction non-members of ISCA, thus, the new policy applies to only ISCA members. However, one should be aware that this new policy is also the policy of the National BSA and the BSA may sanction a BSA member, as it desires, including termination of that person's membership in the BSA and/or removal from a sanctioned BSA event.

SHOULD AN ISCA MEMBER HAVE ANY FURTHER UNANSWERED QUESTIONS REGARDING ISCA'S NEW POLICY ON "UNAUTHORIZED PATCHES,"PLEASE CONTACT ISCA'S ETHICS COMMITTEE CHAIRMAN, DAVE THOMAS, FOR FURTHER CLARIFICATION. DAVE THOMAS' EMAIL ADDRESS IS: firstflaps@aol.com.


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