International Transfers Involving Minors PDF

07. INTERNATIONAL TRANSFERS INVOLVING MINORS Football Agent Exam Study Materials – May 2023 edition - 241 39 19. Protection of minors 1. International transfers of players are only permitted if the player is over the age of 18. 2. The following five exceptions to this rule apply: a) The pl...

07. INTERNATIONAL TRANSFERS INVOLVING MINORS Football Agent Exam Study Materials – May 2023 edition - 241 39 19. Protection of minors 1. International transfers of players are only permitted if the player is over the age of 18. 2. The following five exceptions to this rule apply: a) The player’s parents move to the country in which the new club is located for reasons not linked to football. b) The player is aged between 16 and 18 and: i. the transfer takes place within the territory of the European Union (EU) or European Economic Area (EEA); or ii. the transfer takes place between two associations within the same country. The new club must fulfil the following minimum obligations: iii. It shall provide the player with an adequate football education and/or training in line with the highest national standards (cf. Annexe 4, article 4). iv. It shall guarantee the player an academic and/or school and/or vocational education and/or training, in addition to his football education and/or training, which will allow the player to pursue a career other than football should he cease to play professional football. v. It shall make all necessary arrangements to ensure that the player is looked after in the best possible way (optimum living standards with a host family or in club accommodation, appointment of a mentor at the club, etc.). c) The player lives no further than 50km from a national border and the club with which the player wishes to be registered in the neighbouring association is also within 50km of that border. The maximum distance between the player’s domicile and the club’s headquarters shall be 100km. In such cases, the player must continue to live at home and the two associations concerned must give their explicit consent. d) The player is at least temporarily permitted to reside in the country of arrival and/or is recognised by the competent state authorities as vulnerable and requiring state protection by the country of arrival after fleeing their country of origin (or previous country of domicile) for humanitarian reasons, without their parents, due to either of the following: i. their life or freedom being threatened on account of race, religion, nationality, belonging to a particular social group, or political opinion; or ii. any other circumstances where their survival is seriously threatened. Football Agent Exam Study Materials – May 2023 edition - 242 International transfers involving minors vi. It shall, on registration of such a player, provide the relevant association with proof that it is complying with the aforementioned obligations. 07. 40 If the minor has been formally recognised as a refugee or a protected person, they may be registered with a professional club or purely amateur club. There are no restrictions on any subsequent national transfer of the minor prior to their turning 18. If the minor has been formally recognised as asylum seeker or has been recognised by the competent state authorities as vulnerable in accordance with article 19 paragraph d) above, they may only be registered with a purely amateur club. They may be the subject of a subsequent national transfer, but are not permitted to register with a professional club until they turn 18. e) The player is a student and moves without his parents to another country temporarily for academic reasons in order to undertake an exchange programme. The duration of the player’s registration for the new club until he turns 18 or until the end of the academic or school programme cannot exceed one year. The player’s new club may only be a purely amateur club without a professional team or without a legal, financial or de facto link to a professional club. 3. The provisions of this article shall also apply to any player who has never previously been registered with a club, is not a national of the country where the association at which he wishes to be registered for the first time is domiciled, and has not lived continuously for at least the last five years in said country. 4. Where a minor player is at least ten years old, the Players’ Status Chamber of the Football Tribunal must approve: a) their international transfer according to paragraph 2; b) their first registration according to paragraph 3; or c) their first registration, where the minor player is not a national of the country where the association at which they wish to be registered is domiciled and has lived continuously for at least the last five years in that country. 5. Approval pursuant to paragraph 4 is required prior to any request for an ITC and/or a first registration by an association. 6. Where a minor player is under ten years old, it is the responsibility of the association that intends to register the player – as per the request of its affiliated club – to verify and ensure that the circumstances of the player fall, beyond all doubt, under one of the exceptions provided for in paragraph 2, 3, or 4 c). Such verification shall be made prior to any registration. 7. An association may apply to the Players’ Status Chamber of the Football Tribunal for a limited minor exemption (“LME”). Football Agent Exam Study Materials – May 2023 edition - 243 41 a) An LME, if granted, relieves an association, under specific terms and conditions and solely for amateur minor players who are to be registered with purely amateur clubs, from the application obligations set out in paragraph 4. b) In such a case, prior to any request for an ITC and/or a first registration, the association concerned is required to verify and ensure that the circumstances of the player fall, beyond all doubt, under one of the exceptions provided for in paragraph 2, 3, or 4 c). 8. A club that has registered a minor player following a national transfer, international transfer or first registration shall: - owe a duty of care to the minor; - take any reasonable measures to protect and safeguard the minor from any possible abuse; and - ensure that the minor is provided with an opportunity to obtain an academic education (according to the highest national standards) that allows them to pursue a career other than football. 9. The procedures for applying to the Players’ Status Chamber of the Football Tribunal for the matters described in this article are contained in the Procedural Rules Governing the Football Tribunal. 1. Clubs that operate an academy (within their own structure and/or through a separate entity with legal, financial or de facto links to the club) are obliged to report all minors who attend the academy (registered with the club or not) to the association with which the club concerned is affiliated. When an academy is operated outside the territory of the club’s respective association, the reporting shall be made by the club to the association on whose territory the academy operates 2. Each association shall request all academies without legal, financial or de facto links to a club (private academies) operating on its territory to report all minors who attend the academy to the association. Each association shall report any wrongdoing occurring at private academies of which it becomes aware to the relevant authorities, taking all necessary measures to protect and safeguard minors from potential abuse. 3. Each association shall keep a register of players, comprising at least the following information: full name (first, middle and last names), nationality, date of birth, country of origin (or previous country of domicile), agent (if any) and club operating the respective academy, regarding the minors who have been reported to it by clubs or academies. Football Agent Exam Study Materials – May 2023 edition - 244 International transfers involving minors 19bis Registration and reporting of minors at academies 07. 42 4. A club that wishes to collaborate with a private academy shall: i. report such collaboration to the association with which the club is affiliated; ii. ensure that the private academy reports its players to the association where the academy operates; iii. before entering into a contract with a private academy, ensure that the private academy takes proper measures to protect and safeguard minors; and iv. report any wrongdoing of which it may become aware to the relevant authorities, taking all necessary measures to protect and safeguard minors from potential abuse. 5. Through the act of reporting, academies and players undertake to practise football in accordance with the FIFA Statutes, and to respect and promote the ethical principles of organised football. 6. Associations shall report to FIFA each minor that attends an academy within the territory they govern where the minor: i. is not a national of the country where the association is domiciled; and ii. has not lived continuously for at least the last five years in that country. Such reports shall contain a prima facie assessment of whether the minor meets the requirements of article 19. 7. Any violations of this provision will be sanctioned by the Disciplinary Committee in accordance with the FIFA Disciplinary Code. 19ter Trials General conditions for all triallists 1. A club may invite a player to trial with it for a defined period of time. A professional (within the meaning of art. 2 herein) may only trial with another club with the express written permission of their current club. 2. The club and the invited player shall agree on the conditions of the trial (e.g. payment for accommodation, travel, meals and daily expenses) on the FIFA Trial Form before the trial commences. A complete and duly signed FIFA Trial Form must be lodged in FIFA TMS by the club at the latest ten days before the trial commences. Football Agent Exam Study Materials – May 2023 edition - 245 43 3. During a trial, the club owes a duty of care to the triallist. In particular, the club shall provide the triallist with, and cover the cost of, any necessary medical treatment for injuries sustained while performing activities within the trial. 4. The maximum duration of a trial for players aged 21 and below shall be eight weeks, consecutive or non-consecutive, per club in any one season. The maximum duration of a trial for players over the age of 21 shall be three weeks, consecutive or non-consecutive, per club in any one season. 5. A player on trial is only permitted to participate in friendly matches and any activity that does not fall within the scope of organised football. Such friendly matches must take place during the duration of the relevant trial. 6. Any person subject to the FIFA Statutes is prohibited from requesting, offering and/or receiving any payment whatsoever connected to a trial, without prejudice to the agreement between the club and the triallist on the conditions of the trial, according to paragraph 2 above. 7. Clubs having a player on trial are not entitled to receive training rewards for the period during which a player is on trial with that club. Conditions specific to minor triallists 8. In addition to the general conditions, a minor may only trial with a club provided that: a) the date the trial period begins occurs during the season of: i. the minor triallist’s 16th birthday; or 9. b) the club obtains express written permission from the minor triallist’s parents; c) the club designates an employee within the club to be the point of contact for the minor triallist; d) the club ensures that the minor triallist is provided with optimum accommodation and living standards and adequate coverage of expenses; and e) for amateur minor players below the age of 16, the current club of the minor is informed of the trial and provided with the complete and duly signed FIFA Trial Form. A minor may only attend two trials per calendar year, each of them subject to the maximum duration stipulated in article 19ter paragraph 4. Football Agent Exam Study Materials – May 2023 edition - 246 International transfers involving minors ii. the minor triallist’s 15th birthday if both the minor’s and the club’s domicile are located in Europe; 07. 44 Other matters 10. Collective bargaining agreements validly negotiated by employers’ and employees’ representatives at domestic level, in accordance with national law, may deviate from the minimum standards stipulated above and/or establish additional conditions when a player may leave his current club to attend a trial. Sanctions 11. Any failure to fulfil a condition agreed in a FIFA Trial Form or to upload a complete and duly signed FIFA Trial Form and/or any violation of this provision will be sanctioned by the Disciplinary Committee in accordance with the FIFA Disciplinary Code. In such proceedings, both the triallist and the club concerned will have the procedural status of a party before the Disciplinary Committee. Football Agent Exam Study Materials – May 2023 edition - 247 08. TRAINING COMPENSATION AND SOLIDARITY MECHANISM Football Agent Exam Study Materials – May 2023 edition - 248 46 20. Training compensation Training compensation shall be paid to a player’s training club(s): (1) when a player is registered for the first time as a professional, and (2) each time a professional is transferred until the end of the calendar year of his 23rd birthday. The obligation to pay training compensation arises whether the transfer takes place during or at the end of the player’s contract. The provisions concerning training compensation are set out in Annexe 4 of these regulations. The principles of training compensation shall not apply to women’s football. 21. Solidarity mechanism If a professional is transferred before the expiry of his contract, any club that has contributed to his education and training shall receive a proportion of the compensation paid to his former club (solidarity contribution). The provisions concerning solidarity contributions are set out in Annexe 5 of these regulations. Football Agent Exam Study Materials – May 2023 edition - 249 09. JURISDICTION Football Agent Exam Study Materials – May 2023 edition - 250 48 22. Competence of FIFA 1. Without prejudice to the right of any player, coach, association, or club to seek redress before a civil court for employment-related disputes, FIFA is competent to hear: a) disputes between clubs and players in relation to the maintenance of contractual stability (articles 13-18) where there has been an ITC request and a claim from an interested party in relation to said ITC request, in particular regarding the issue of the ITC, sporting sanctions or compensation for breach of contract; b) employment-related disputes between a club and a player of an international dimension; the aforementioned parties may, however, explicitly opt in writing for such disputes to be decided by an independent arbitration tribunal that has been established at national level within the framework of the association and/or a collective bargaining agreement. Any such arbitration clause must be included either directly in the contract or in a collective bargaining agreement applicable on the parties. The independent national arbitration tribunal must guarantee fair proceedings and respect the principle of equal representation of players and clubs; c) employment-related disputes between a club or an association and a coach of an international dimension; the aforementioned parties may, however, explicitly opt in writing for such disputes to be decided by an independent arbitration tribunal that has been established at national level within the framework of the association and/or a collective bargaining agreement. Any such arbitration clause must be included either directly in the contract or in a collective bargaining agreement applicable on the parties. The independent national arbitration tribunal must guarantee fair proceedings and respect the principle of equal representation of coaches and clubs; d) disputes relating to training compensation (article 20) and the solidarity mechanism (article 21) between clubs belonging to different associations, that are not governed by the FIFA Clearing House Regulations; e) disputes relating to training compensation (article 20) and the solidarity mechanism (article 21) between clubs belonging to the same association provided that the transfer of a player at the basis of the dispute occurs between clubs belonging to different associations, that are not governed by the FIFA Clearing House Regulations; f) matters of legal or factual complexity in an EPP review process in accordance with article 10 paragraph 3 of the FIFA Clearing House Regulations and disputes between clubs in accordance with article 18 paragraph 2 of the FIFA Clearing House Regulations; and g) disputes between clubs belonging to different associations that do not fall within the cases provided for in a), d), e) and f). Football Agent Exam Study Materials – May 2023 edition - 251 49 2. FIFA is competent to decide regulatory applications made pursuant to these regulations or any other FIFA regulations. 23. Football Tribunal 1. The Dispute Resolution Chamber of the Football Tribunal shall adjudicate on any of the cases described in article 22 paragraphs 1 a), b), d), e) and f). 2. The Players’ Status Chamber of the Football Tribunal shall adjudicate on any of the cases described in article 22 paragraphs 1 c) and g), and 2. 3. The Football Tribunal shall not hear any case subject to these regulations if more than two years have elapsed since the event giving rise to the dispute. Application of this time limit shall be examined ex officio in each individual case. 4. The procedures for lodging claims in relation to the disputes described in article 22 are contained in the Procedural Rules Governing the Football Tribunal. 24. Consequences for failure to pay relevant amounts in due time 2. When: a) the Football Tribunal orders a party (a club or a player) to pay another party (a club or a player), the consequences of the failure to pay the relevant amounts in due time shall be included in the decision; b) parties to a dispute accept (or do not reject) a proposal made by the FIFA general secretariat pursuant to the Procedural Rules Governing the Football Tribunal, the consequences of the failure to pay the relevant amounts in due time shall be included in the confirmation letter. Such consequences shall be the following: a) Against a club: a ban from registering any new players, either nationally or internationally, up until the due amounts are paid. The overall maximum duration of the registration ban shall be of up to three entire and consecutive registration periods, subject to paragraph 7 below; b) Against a player: a restriction on playing in official matches up until the due amounts are paid. The overall maximum duration of the restriction shall be of up to six months on playing in official matches, subject to paragraph 7 below. Football Agent Exam Study Materials – May 2023 edition - 252 Jurisdiction 1. 09. 50 3. Such consequences may be excluded where the Football Tribunal has: a) imposed a sporting sanction on the basis of article 12bis, 17 or 18quater in the same case; or b) been informed that the debtor club was subject to an insolvency-related event pursuant to the relevant national law and is legally unable to comply with an order. 4. Where such consequences are applied, the debtor must pay the full amount due (including all applicable interest) to the creditor within 45 days of notification of the decision. 5. The 45-day time limit shall commence from notification of the decision or confirmation letter. a) The time limit is paused by a valid request for the grounds of the decision. Following notification of the grounds of the decision, the time limit shall recommence. b) The time limit is also paused by an appeal to the Court of Arbitration for Sport. 6. The debtor shall make full payment (including all applicable interest) to the bank account provided by the creditor, as set out in the decision or confirmation letter. 7. Where the debtor fails to make full payment (including all applicable interest) within the time limit, and the decision has become final and binding: 8. a) the creditor may request that FIFA enforce the consequences; b) upon receipt of such request, FIFA shall inform the debtor that the consequences shall apply; c) the consequences shall apply immediately upon notification by FIFA, including, for the avoidance of doubt, if they are applied during an open registration period. In such cases, the remainder of that registration period shall be the first “entire” registration period for the purposes of paragraph 2 a); d) the consequences may only be lifted in accordance with paragraph 8 below. Where the consequences are enforced, the debtor must provide proof of payment to FIFA of the full amount (including all applicable interest), in order for them to be lifted. a) Upon receipt of the proof of payment, FIFA shall immediately request that the creditor confirm receipt of full payment (including all applicable interest) within five days. Football Agent Exam Study Materials – May 2023 edition - 253 51 b) Upon receipt of confirmation from the creditor, or after expiry of the time limit in the case of no response, FIFA shall notify the parties that the consequences are lifted. c) The consequences shall be lifted immediately upon notification by FIFA. d) Notwithstanding the above, where full payment (including all applicable interest) has not been made, the consequences shall remain in force until their complete serving. 25. Implementation of decisions and confirmation letters 1. The sporting successor of a debtor shall be considered the debtor and be subject to any decision or confirmation letter issued by the Football Tribunal. The criteria to assess whether an entity is the sporting successor of another entity are, among others, its headquarters, name, legal form, team colours, players, shareholders or stakeholders or ownership and the category of competition. 2. Where a debtor is instructed to pay a creditor a sum of money (outstanding amounts or compensation) by the Football Tribunal: payment is made when the debtor pays the full amount instructed (including any applicable interest) to the creditor; b) payment is not deemed to have been made where the debtor makes any unilateral deduction from the full amount instructed (including any applicable interest). The following actions do not contravene a registration ban described in article 12bis, 17, 18quater or 24: a) the return from loan of a professional, solely where the loan agreement expires naturally; b) the extension of the loan of a professional, beyond the natural expiry of the loan agreement; c) the definitive engagement of a professional who was temporarily registered for the club directly prior to the registration ban being imposed; d) the registration of a professional who was already registered with the club as an amateur directly prior to the registration ban being imposed. Jurisdiction 3. a) 09. Football Agent Exam Study Materials – May 2023 edition - 254 10. FINAL PROVISIONS Football Agent Exam Study Materials – May 2023 edition - 255 53 26. Transitional measures 1. Any case that has been brought to FIFA before these regulations come into force shall be assessed according to the previous regulations. 2. a) Any case that has been brought to FIFA for which a decision is still pending as at 1 October 2021 from the Players’ Status Committee, Dispute Resolution Chamber, or any of their sub-committees, shall be decided by the relevant chamber of the Football Tribunal in accordance with the Procedural Rules Governing the Football Tribunal; b) The transitory provisions of the Procedural Rules Governing the Football Tribunal shall apply to those cases. As a general rule, other cases shall be assessed according to these regulations with the exception of the following: a) disputes regarding training compensation; b) disputes regarding the solidarity mechanism. 3. Member associations shall amend their regulations in accordance with article 1 to ensure that they comply with these regulations and shall submit them to FIFA for approval. Notwithstanding the foregoing, each member association shall implement article 1 paragraph 3 a). 4. If, at the time when these regulations come into force, a competition period (within the meaning of these regulations) in an association has already started and the first registration period in that same competition period has already been completed, the following shall apply: if the first registration period lasted less than 12 weeks, the second registration period within that same competition period may last up to eight weeks, provided that the total of both registration periods does not exceed 16 weeks. 27. Matters not provided for Any matters not provided for in these regulations and cases of force majeure shall be decided by the FIFA Council whose decisions are final. Final provisions Any cases not subject to this general rule shall be assessed according to the regulations that were in force when the contract at the centre of the dispute was signed, or when the disputed facts arose. 10. Football Agent Exam Study Materials – May 2023 edition - 256 54 28. Official languages In the case of any discrepancy in the interpretation of the English, French or Spanish texts of these regulations, the English text shall be authoritative. 29. Enforcement These regulations were approved by the FIFA Council on 14 March 2023 and come into force on 1 April 2023 with the exception of article 18 paragraph 1; Annexe 2, article 2 paragraph 3; Annexe 3, article 10 paragraphs 5 e) and 6 a) and b); Annexe 3, article 12 paragraphs 2, 3 and 4 which will come into force on 1 October 2023. Temporary amendments approved by the FIFA Council as a result of the COVID-19 pandemic will be periodically reviewed and removed accordingly. Temporary amendments approved by the FIFA Council as a result of the war in Ukraine will be periodically reviewed and removed accordingly. 14 March 2023 For the FIFA Council President: Secretary General: Gianni Infantino Fatma Samoura Football Agent Exam Study Materials – May 2023 edition - 257