He has clearance to play with them next year (the final year of his contract) through a two-year No-Objection Certificate issued by the ECB last year, but any participation in 2011 will depend on whether the English board grants Flintoff another NOC
IPL commissioner Lalit Modi has revealed to the Herald that "a loophole" in the system that Kiwi McCullum tried to exploit had been shut down during a meeting on September 2.
"McCullum was trying to become a free agent [threatening not to sign a New Zealand Cricket Board central contract], he wanted to play in the entire IPL and there was a loophole there, but that loophole was closed during our meeting on September 2 when we introduced a new amendment for players who don't have a national contract," Modi said.
Where the requirement of a NOC by their home boards applied only to retired players, McCullum's attempt forced organisers to rewrite the law so that NOCs are now also required by any player without a national contract.
"The new amendment reads that international players need NOCs from their home boards 'for two years post-retirement/not in contract'.
"We want to ensure people continue to play for their countries. Nobody is going to budge on the NOC issue, it was designed so players do not try to become free agents."
McCullum eventually agreed to sign a national contract and was left $282,000 out of pocket because he missed the first half of the IPL in South Africa this year.
"The intent was very clear, but now the rule is absolutely air-tight, players can't pick and choose whether to play for their countries," Modi said.
"Flintoff must receive an NOC from the England board if he wants to play in the IPL, there is no question."
Flintoff is attempting to become a freelance cricketer for limited-overs sides around the globe, rather than compete in all of England's fixtures.