(1) My suggestion refers only to Rule-5 drafted players and preventing teams from being able to "flip" them, and my suggestion is:
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A player drafted in the Rule 5 draft and subsequently returned to the original team may not be traded or sold back to the drafting team at any time and by any team until the start of the offseason.
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(2) And my second suggestion is to clarify to the league what this line in the Constitution means.
The context of this is preventing abuse of the Rule 5 draft.In addition, Rule 5 picks cannot be sold or traded to any team in order to circumvent Rule 5 restrictions.
As I personally read it—and I am very possibly incorrect—it is hard not to think of a pair of transactions in which (1) the drafting team sends a Rule-5 drafted player back to the original team, and then the original team trades/sells that very same player back to the drafting team. This set of transactions seems, to me, specifically designed "in order to circumvent Rule 5 restrictions."
But, please absolutely correct me.
In the meantime, my suggestion prevents this, and it prevents not only the original team, but any subsequent team who acquires the player that season from doing this. I believe my suggestion is within the intended spirit of how the Rule 5 operates in the BBA.
Note that to say something happens in the MLB is not the same as describing what's permissible and/or desirable in the BBA.