Update: The FIA’s “disappointing” response to Motorsport UK’s legal threats

In early March, chairman David Richards wrote a letter to the members of Motorsport UK, addressing the FIA while taking aim at the organization’s president Mohammed Ben Sulayem and his approach to governing F1 and the whole of its motorsport operations. Just a month later, the FIA finally posted a response to Richards’ letter with direction for the chairman to share it on Motorsport UK’s site and magazine. And Richards, in his own reaction posted Wednesday, was not enthusiastic about what the organization had to say.

Said Richards, “What is disappointing in this letter from Alberto is the disregard for the very real concerns that have been expressed, not just by myself, but a growing number of people, that the governance and constitutional organisation of the FIA is becoming ever more opaque and concentrating power in the hands of the President alone.”

The entire back and forth began shortly after Richards refused to sign a non-disclosure agreement that was required for the chairman to attend a World Motor Sport Council meeting. His letter, published in the March issue of Motorsport UK’s magazine to its members, cited what he called “the final straw” in the FIA’s handling of things and fully outlined his concerns for a future of the FIA remaining under Ben Sulayem’s leadership, while threatening legal action if these concerns were not addressed.

He goes on to illustrate specific points as to what brought about his hesitance in signing the NDA “gagging order” (as he referred to it), and how those items didn’t fall into the already established statutes within the FIA. He also emphasizes some of the drastic changes that have occurred within the organization, noting “the situation has progressively worsened with media reports confirming that numerous senior members of the FIA and volunteer officials have either been fired or have resigned under an opaque cloud.” He’s specifically referencing changes made to the Audit and Ethics committees within the FIA, which in the newly approved statutes moved power of decision from the compliance officer and committee to the FIA president himself, which did unironically raise ethical questions. 

The response from the FIA, dated 7 April, written by its general manager, Alberto Villarreal, did not completely address the concerns Richards brought to the table in his initial letter. Villarreal did make note of Richard’s issues surrounding the NDA, telling Richards, “The FIA, as is common in business, and I am sure in the many organisations that you have led, has procedures in place to protect and safeguard confidential information, including confidentiality agreements. Such agreements are very much a standard part of business.

“The unauthorised disclosure of information not only damages the FIA but undermines our ability to fulfil our mission to member clubs impacting the objectives of growing motorsport participation, increasing accessibility and cultivating innovation in the sport we love.

It is therefore unsurprising that those steps the FIA has taken to preserve confidentiality were overwhelmingly supported by a super majority of World Motor Sport Council members. With this in mind, we struggle to understand your reluctance to be bound by the same terms and conditions as your fellow members, given you acknowledge the damage the numerous leaks from the World Motor Sport Council have made to the FIA’s mission.

As a responsible member of the Council and someone who operates with integrity, I trust that you could have no reasonable objection to an agreement which simply serves to reinforce existing duties of confidentiality, and which is in line with best practice for an organisation of the FIA’s responsibilities and standing. There is no question of this being a “gagging order” as your letter characterises it.”

While this particular section of Villarreal’s does at least acknowledge Richard’s concerns regarding the NDA, it doesn’t necessarily go into any depth nor does it address the specific concerns outlined in the initial letter.

The second half Villarreal’s missive reads in a similar style, but takes on a more PR approach as it outlines what Ben Sulayem has built for the FIA and champions the growth the organization has experienced because of his leadership, including turning 2021’s €24 million deficit into a “projected €2.2 million improvement in 2024,” — not once addressing any of Richards’ points of concern.

Villarreal closes his response not only with the request for his letter to be shared, but adds that the FIA is proud of what Ben Sulayem has accomplished, while the organization drives the future of motorsport.

Mohammed Ben Sulayem, President, FIA, Lando Norris, McLaren F1 Team, 1st position, Donald Trump

Photo by: Steven Tee / Motorsport Images

Richards said that while he welcomes “an open and transparent dialogue on the performance of the FIA,” the organization completely disregarded his concerns, in his follow-up letter posted with the FIA’s response Wednesday morning.

“I very much hope that despite Alberto’s letter, dismissing these material issues, we might yet have a sensible discussion with the legal counsel of the FIA and resolve these points. They are not insurmountable, but as currently written they are wholly inappropriate. So much so that various other parties have expressed the same concerns which has resulted in adaptations to the agreements that they have signed. That opportunity has not yet been afforded to me. “

He closes with a note that he will be in the Middle East and hopes to meet with Ben Sulayem himself to discuss his concerns and perhaps finding some common ground and feasible solutions. And while Ben Sulayem is expected to be on the ground for the first time this F1 season in Bahrain, his time will be limited as he will likely be busy with the countless individuals who need to speak with the FIA president about other pressing matters, including the Concorde Agreement.