casey wrote:http://members.cox.net/lmcoon/salarycap.htm#Q42
* If the player is already under contract to, or signs a contract with a non-NBA team, the team retains the player's draft rights for one year after the player's obligation to the non-NBA team ends. Essentially, the clock stops as long as the player plays pro ball outside the NBA. Players are not included in the team's team salary during the regular season while the player is under contract with a non-NBA team.
* If the player was still eligible to play in college before he was drafted, the team retains the player's draft rights until the draft the player would have entered had he not left college early. For example, if a team drafts a college sophomore in 2005, they retain his draft rights until the date of the 2007 draft. Note that the current NCAA rules state that players lose their NCAA eligibility if they are drafted, so the player could not return or go on to play college ball.
* For all other players, the team retains the player's draft rights until the date of the next draft.
In any of the above cases, if the team does not sign the player in the allotted time, the player can enter the next draft. If the team that selects the player in the next draft doesn't sign him either, he becomes a rookie free agent.
I don't see any mention of "foreign" or "American". There is no difference. Either one has to sit out a year if the NBA team doesn't offer them a contract.
Actually, I think that if you are not under contract with any other team in a certain moment of the year (probably July 1st), and the team that drafted you doesn't offer you a contract (a tender offer, I believe), you become a free agent right away.
The thing with Scola, Andersen and many other guys is that they were under contract permanently for many many years. And anyway, many of those guys wouldn't play for the league minimum, which I think it's the amount of the tender offer for second round picks.
Another thing would be if there's no agreement for the contract (the player wants more money or whatever). Then you have to wait one year without playing proffesionaly to become a free agent or being able to enter the draft again.
Of course, being American or foreign doesn't change anything.