Football Agent Exam Study Materials PDF May 2023

13 1. Scope 1. These regulations lay down global and binding rules concerning the status of players, their eligibility to participate in organised football, and their transfer between clubs belonging to different associations. 2. The transfer of players between clubs belonging to the same asso...

13 1. Scope 1. These regulations lay down global and binding rules concerning the status of players, their eligibility to participate in organised football, and their transfer between clubs belonging to different associations. 2. The transfer of players between clubs belonging to the same association is governed by specific regulations issued by the association concerned in accordance with article 1 paragraph 3 below, which must be approved by FIFA. Such regulations shall lay down rules for the settlement of disputes between clubs and players, in accordance with the principles stipulated in these regulations. Such regulations should also provide for a system to reward clubs affiliated to the relevant association investing in the training and education of young players. The use of an electronic domestic transfer system is a mandatory step for all national transfers of professional and amateur players (both male and female) within the scope of eleven-a-side football. A national transfer must be entered in the electronic domestic transfer system each time a player is to be registered with a new club within the same association. Any registration of a player for a new club without the use of the electronic domestic transfer system will be invalid. a) The following provisions are binding at national level and must be included without modification in the association’s regulations: articles 2-8, 10 (subject to article 1 paragraph 3 b) below), 11, 12bis, 18, 18 paragraph 7 (unless more favourable conditions are available pursuant to national law), 18bis, 18ter, 18quater (unless more favourable conditions are available pursuant to national law), 19 and 19bis. b) Associations are given three years from 1 July 2022 to implement, in agreement with domestic football stakeholders, rules on a domestic loan system which are in line with the principles of integrity of competitions, youth development, and the prevention of hoarding players. For the avoidance of doubt, the limitation on the number of loans at national level may differ from article 10 as long as it is consistent with these principles. Introductory provision 3. 01. Football Agent Exam Study Materials – May 2023 edition - 216 14 c) Each association shall include in its regulations appropriate means to protect contractual stability, paying due respect to mandatory national law and collective bargaining agreements. In particular, the following principles must be considered: – article 13: the principle that contracts must be respected; – article 14: the principle that contracts may be terminated by either party without consequences where there is just cause; – article 15: the principle that contracts may be terminated by professionals with sporting just cause; – article 16: the principle that contracts cannot be terminated during the course of the season; – article 17 paragraphs 1 and 2: the principle that in the event of termination of contract without just cause, compensation shall be payable and that such compensation may be stipulated in the contract; – article 17 paragraphs 3-5: the principle that in the event of termination of contract without just cause, sporting sanctions shall be imposed on the party in breach. 4. These regulations also govern the release of players to association teams in accordance with the provisions of Annexe 1. These provisions are binding for all associations and clubs. 5. These regulations also include rules concerning contracts between coaches and professional clubs or associations (cf. Annexe 2). 6. These regulations also include temporary rules addressing the exceptional situation deriving from the war in Ukraine (cf. Annexe 7). Football Agent Exam Study Materials – May 2023 edition - 217 02. STATUS OF PLAYERS Football Agent Exam Study Materials – May 2023 edition - 218 16 2. Status of players: amateur and professional players 1. Players participating in organised football are either amateurs or professionals. No other status shall be recognised. 2. A professional is a player who has a written contract with a club and is paid more for his footballing activity than the expenses he effectively incurs. All other players are considered to be amateurs. 3. Reacquisition of amateur status 1. A player registered as a professional may not re-register as an amateur until at least 30 days after his last match as a professional. 2. No compensation is payable upon reacquisition of amateur status. If a player re-registers as a professional within 30 months of being reinstated as an amateur, his new club shall pay training compensation in accordance with article 20. 4. Termination of activity 1. Professionals who end their careers upon expiry of their contracts and amateurs who terminate their activity shall remain registered at the association of their last club for a period of 30 months. 2. This period begins on the day the player made his last appearance for the club in an official match. Football Agent Exam Study Materials – May 2023 edition - 219 03. REGISTRATION OF PLAYERS Football Agent Exam Study Materials – May 2023 edition - 220 18 5. Registration 1. Each association must have an electronic player registration system, which must assign each player a FIFA ID when the player is first registered. A player must be registered at an association to play for a club as either a professional or an amateur in accordance with the provisions of article 2. With the exception of players participating in friendly matches during a trial, only electronically registered players identified with a FIFA ID are eligible to participate in organised football. By the act of registering or accepting to be on trial a player agrees to abide by the statutes and regulations of FIFA, the confederations and the associations. 2. A player may only be registered with a club for the purpose of playing organised football. As an exception to this rule, a player may have to be registered with a club for mere technical reasons to secure transparency in consecutive individual transactions (see Annexe 3). A player that is on trial (see article 19ter) does not need to be registered to participate in friendly matches played in the context of a trial. 3. A player may only be registered with one club at a time. 4. Players may be registered with a maximum of three clubs during one season. During this period, a player is only eligible to play official matches for two clubs. As an exception to this rule, a player moving between two clubs belonging to associations with overlapping seasons (i.e. start of the season in summer/ autumn as opposed to winter/spring) may be eligible to play in official matches for a third club during the relevant season, provided they have fully complied with their contractual obligations towards their previous clubs, and provided that the provisions relating to registration periods (article 6) and the minimum length of a contract (article 18 paragraph 2) are respected. Limitations as per this paragraph do not apply if a player wishes to be registered based on the exception as per article 6 paragraph 3 a). 5. Under all circumstances, due consideration must be given to the sporting integrity of the competition. In particular, a player may not play official matches for more than two clubs competing in the same national championship or cup during the same season, subject to stricter individual competition regulations of member associations. Football Agent Exam Study Materials – May 2023 edition - 221 19 6. In relation to the FIFA ID of a player and the integration of their electronic player registration systems, member associations shall: a) assign a FIFA ID to all players already registered at the member association who have not been assigned a FIFA ID at the point in time when the electronic player registration system is integrated with the FIFA Connect ID Service; b) where a FIFA ID has already been assigned to a player, as indicated by the FIFA Connect ID Service, ensure the same FIFA ID is used to register the player in its electronic player registration system; c) if the FIFA Connect ID Service determines that a player is, or appears to be, registered in more than one electronic player registration system, resolve the matter within five (5) days of it becoming aware, and update the FIFA Connect ID Service without delay; and d) provide the relevant personal information about a player to other member associations’ electronic player registration systems through the FIFA Connect Interface, when requested for the purpose of registration and the determination of the FIFA ID of the player. 5bis Bridge transfer No club or player shall be involved in a bridge transfer. 2. It shall be presumed, unless established to the contrary, that if two consecutive transfers, national or international, of the same player occur within a period of 16 weeks, the parties (clubs and player) involved in those two transfers have participated in a bridge transfer. 3. The FIFA Disciplinary Committee, in accordance with the FIFA Disciplinary Code, will impose sanctions on any party subject to the FIFA Statutes and regulations involved in a bridge transfer. Registration of players 1. 03. Football Agent Exam Study Materials – May 2023 edition - 222 20 6. Registration periods 1. Players may only be registered during one of the two annual registration periods fixed by the relevant association. Associations may fix different registration periods for their male and female competitions. 2. The first registration period may begin as early as on the first day after the day on which the competition period of the previous season ended, and at the latest on the first day of the new season. This first registration period shall not be shorter than eight weeks or longer than 12 weeks. The second registration period shall occur in the middle of the season and shall not be shorter than four weeks or longer than eight weeks. The cumulative total of both registration periods may not exceed 16 weeks. The dates of the competition period and the two registration periods for the season shall be entered into TMS at least 12 months before they come into force (cf. Annexe 3). All transfers, whether a national transfer or an international transfer, shall only occur within these registration periods, subject to the exceptions in article 6 as per paragraph 3 hereinafter. FIFA shall determine the dates for any association that fails to communicate them on time. 3. Member associations are authorised to exceptionally register players outside a registration period in the following circumstances: a) A professional who has unilaterally terminated their contract with just cause, or whose contract has been unilaterally terminated without just cause by their club, may be registered outside a registration period. Upon receipt of the ITC request, the FIFA general secretariat shall expeditiously assess on a prima facie basis whether the unilateral termination occurred with or without just cause and permit or deny the registration accordingly. Such prima facie assessment is without prejudice to a decision of the Football Tribunal about the consequences of the termination of contract. b) A professional whose contract has naturally expired or has been mutually terminated prior to the end of the registration period applicable to the engaging club may be registered with the engaging club also after expiry of the respective registration period. c) A female player may be registered outside a registration period to temporarily replace another female player that has taken maternity leave. The period of the contract of the temporary replacement player shall, unless otherwise mutually agreed, be from the date of registration until the day prior to the start of the first registration period after the return of the female player that has taken maternity leave. d) A female player may be registered outside a registration period upon completion of her maternity leave (cf. article 18 paragraph 7 and article 18quater) subject to her contractual status. Football Agent Exam Study Materials – May 2023 edition - 223 21 A professional whose contract has expired or been terminated as a result of COVID-19 has the right to be registered outside a registration period, regardless of the date of expiry or termination. 4. Whenever allowing a registration outside a registration period, member associations shall pay due consideration to the sporting integrity of the relevant competition. Collective bargaining agreements validly negotiated by employers’ and employees’ representatives at domestic level in accordance with national law may define the criterion of sporting integrity in more detail. 5. In cases where the FIFA general secretariat allows a registration outside a registration period based on the exception in paragraph 3 a), any domestic regulatory provision or contractual agreement requiring the consent of the former club to register the player shall be null and void. In cases where a player’s employment contract has expired, consent of the former club shall never be required to register the player. 6. With respect to the exceptions in paragraph 3 c) and d), associations shall adapt their domestic rules accordingly. However, priority shall be given to ensuring that a female player that has returned from maternity leave is eligible to participate in domestic competitions, as well as the sporting integrity of the relevant competition. 7. Players may only be registered, subject to the exceptions provided for in article 6 paragraph 3, upon submission through the electronic player registration system of a valid application from the club to the relevant association during a registration period. 8. The provisions concerning registration periods do not apply to competitions in which only amateurs participate. The relevant association shall specify the periods when players may be registered for such competitions provided that due consideration is given to the sporting integrity of the relevant competition. 7. Player passport 1. For entitlements related to training rewards that are not governed by the FIFA Clearing House Regulations, existing obligations related to player passports shall remain unchanged, i.e. the registering association is obliged to provide the club with which the player is registered with a player passport containing the relevant details of the player. The player passport shall indicate the club(s) with which the player has been registered since the calendar year of their 12th birthday. 2. For entitlements related to training rewards that are governed by the FIFA Clearing House Regulations, an EPP shall be generated and used as set forth below. Football Agent Exam Study Materials – May 2023 edition - 224 Registration of players e) 03. 22 3. The Electronic Player Passport is an electronic document containing consolidated registration information of a player throughout their career, including the relevant member association, their status (amateur or professional), the type of registration (permanent or loan), and the club(s) (including training category) with which they have been registered since the calendar year of their 12th birthday. It shall be generated in circumstances as defined in the FIFA Clearing House Regulations. 4. For the purpose of creating the EPP, member associations shall ensure that reliable, accurate and complete player registration information is made available electronically to FIFA through the FIFA Connect Interface, whenever requested by FIFA through such interface. 8. Application for registration The application for registration of a professional must be submitted together with a copy of the player’s contract. The relevant decision-making body has discretion to take account of any contractual amendments or additional agreements that have not been duly submitted to it. 9. International Transfer Certificate 1. Players registered at one association may only be registered at a new association once the latter has received an International Transfer Certificate (hereinafter: ITC) from the former association. The ITC shall be issued free of charge without any conditions or time limit. Any provisions to the contrary shall be null and void. The association issuing the ITC shall lodge a copy with FIFA. The administrative procedures for issuing the ITC are contained in Annexe 3 of these regulations. 2. Associations are forbidden from requesting that an ITC be issued in order to allow a player to participate in friendly matches in the context of a trial. 3. Except for cases governed by the FIFA Clearing House Regulations, the new association shall inform the association(s) of the club(s) that trained and educated the player between the ages of 12 and 23 (cf. article 7) in writing of the registration of the player as a professional after receipt of the ITC. 4. An ITC is not required for a player under the age of ten years. Football Agent Exam Study Materials – May 2023 edition - 225 10. Loan of professionals 1. A professional may be loaned for a predetermined period by their club (“former club”) to another club (“new club”) on the basis of a written agreement. The following rules apply to the loan of professionals: a) The clubs shall conclude a written agreement defining the terms of the loan (“loan agreement”), in particular, its duration and financial conditions. The professional may also be a party to the loan agreement b) The professional and the new club shall sign a contract covering the duration of the loan. This contract shall acknowledge that the professional is on loan. c) During the agreed duration of the loan, the contractual obligations between the professional and the former club shall be suspended unless otherwise agreed in writing. d) Subject to article 5 paragraph 4, a loan agreement may be concluded for a minimum duration of the time between two registration periods and a maximum duration of one year. The end date shall fall within one of the registration periods of the association of the former club. Any clause referring to a longer duration of the loan shall not be recognised. e) A loan agreement may be extended, subject to the above minimum and maximum durations, with the written consent of the professional. f) A new club is prohibited from sub-loaning or permanently transferring a professional to a third club. 2. Loan agreements with a duration of more than one year which predate the entering into force of these regulations may continue until their contractual expiration. They may be extended only in accordance with article 10 paragraph 1 e). 3. The loan of a professional is subject to the administrative procedures provided in articles 5-9 and Annexe 3. 4. Where the contract between a professional and the new club has been unilaterally terminated prior to the completion of the duration agreed in the loan agreement: a) the professional has the right to return to the former club; b) the professional must immediately inform the former club of the premature termination and whether they intend to return to the former club; c) if the professional decides to return to the former club, the former club must reintegrate the professional immediately. The contract which was suspended during the loan shall be reinstated from the date of reintegration, and in particular, the former club must remunerate the professional; Football Agent Exam Study Materials – May 2023 edition - 226 Registration of players 23 03. 24 d) 5. 6. 7. 8. 9. rules governing registration at national level must be determined by the association in agreement with domestic football stakeholders. The terms of article 10 paragraph 4 are without prejudice to: a) the operation of article 17 relating to termination of the contract between the professional and the new club; b) the operation of article 17, should the former club fail to reintegrate the professional immediately; and c) the right of the former club to seek compensation resulting from its obligation to reintegrate the professional. The minimum compensation payable shall be the amount the former club must pay the professional between the date of reintegration and the original completion date of the loan agreement. The following limitations apply from 1 July 2024: a) a club may have a maximum of six professionals loaned out at any given time during a season; b) a club may have a maximum of six professionals loaned in at any given time during a season. The loan of a professional will be exempt from the above limitations if: a) the loan occurs before the end of the season of the former club in which the professional turns 21; and b) the professional is a club-trained player with the former club. The following restrictions apply irrespective of age or club-trained status: a) a club may have a maximum of three professionals loaned out to a specific club at any given time during a season; b) a club may have a maximum of three professionals loaned in from a specific club at any given time during a season. The following transition period shall apply for the limitations in article 10 paragraph 6: a) from 1 July 2022 to 30 June 2023: a maximum of eight professionals for each limitation; b) from 1 July 2023 to 30 June 2024: a maximum of seven professionals for each limitation. Football Agent Exam Study Materials – May 2023 edition - 227 25 11. Unregistered players Any player not registered at an association who appears for a club in any official match shall be considered to have played illegitimately. Without prejudice to any measure required to rectify the sporting consequences of such an appearance, sanctions may also be imposed on the player and/or the club. The right to impose such sanctions lies in principle with the association or the organiser of the competition concerned. 12. Enforcement of disciplinary sanctions 1. Any disciplinary sanction of up to four matches or up to three months that has been imposed on a player by the former association but not yet (entirely) served by the time of the transfer shall be enforced by the new association at which the player has been registered in order for the sanction to be served at domestic level. When issuing the ITC, the former association shall notify the new association via TMS of any such disciplinary sanction that has yet to be (entirely) served. 2. Any disciplinary sanction of more than four matches or more than three months that has not yet been (entirely) served by a player shall be enforced by the new association that has registered the player only if the FIFA Disciplinary Committee has extended the disciplinary sanction to have worldwide effect. Additionally, when issuing the ITC, the former association shall notify the new association via TMS of any such pending disciplinary sanction. 1. Clubs are required to comply with their financial obligations towards players and other clubs as per the terms stipulated in the contracts signed with their professional players and in the transfer agreements. 2. Any club found to have delayed a due payment for more than 30 days without a prima facie contractual basis may be sanctioned in accordance with paragraph 4 below. 3. In order for a club to be considered to have overdue payables in the sense of the present article, the creditor (player or club) must have put the debtor club in default in writing and have granted a deadline of at least ten days for the debtor club to comply with its financial obligation(s). Registration of players 12bis Overdue payables 03. Football Agent Exam Study Materials – May 2023 edition - 228 26 4. Within the scope of its jurisdiction (cf. article 22 to 24), the Football Tribunal may impose the following sanctions: a) a warning; b) a reprimand; c) a fine; d) a ban from registering any new players, either nationally or internationally, for one or two entire and consecutive registration periods. 5. The sanctions provided for in paragraph 4 above may be applied cumulatively. 6. A repeated offence will be considered an aggravating circumstance and lead to a more severe penalty. 7. The terms of the present article are without prejudice to the application of further measures in accordance with article 17 in the event of unilateral termination of the contractual relationship. Football Agent Exam Study Materials – May 2023 edition - 229 04. MAINTENANCE OF CONTRACTUAL STABILITY BETWEEN PROFESSIONALS AND CLUBS Football Agent Exam Study Materials – May 2023 edition - 230