Annex Release of Players to Association Teams PDF

ANNEXE Release of players to association teams 01. 56 1. Principles for men’s football 1. Clubs are obliged to release their registered players to the representative teams of the country for which the player is eligible to play on the basis of his nationality if they are called up by the assoc...

ANNEXE Release of players to association teams 01. 56 1. Principles for men’s football 1. Clubs are obliged to release their registered players to the representative teams of the country for which the player is eligible to play on the basis of his nationality if they are called up by the association concerned. Any agreement between a player and a club to the contrary is prohibited. 2. The release of players under the terms of paragraph 1 of this article is mandatory for all international windows listed in the international match calendar (cf. paragraphs 3 and 4 below) as well as for the final competitions of the FIFA World Cup™, the FIFA Confederations Cup and the championships for “A” representative teams of the confederations, subject to the relevant association being a member of the organising confederation. 3. After consultation with the relevant stakeholders, FIFA publishes the international match calendar for the period of four or eight years. It will include all international windows for the relevant period (cf. paragraph 4 below). Following the publication of the international match calendar only the final competitions of the FIFA World Cup™, the FIFA Confederations Cup and the championships for “A” representative teams of the confederations will be added. 4. An international window is defined as a period of nine days starting on a Monday morning and ending on Tuesday night the following week (subject to the temporary exceptions below), which is reserved for representative teams’ activities. During any international window a maximum of two matches may be played by each representative team (subject to the temporary exceptions Football Agent Exam Study Materials – May 2023 edition - 259 57 below), irrespective of whether these matches are qualifying matches for an international tournament or friendlies. The pertinent matches can be scheduled any day as from Wednesday during the international window, provided that a minimum of two full calendar days are left between two matches (e.g. Thursday/Sunday or Saturday/Tuesday). i. During the international window scheduled for March 2022, for associations affiliated to OFC: a) the international window is extended by one day; and b) a maximum of three matches may be played by each representative team. ii. During the international window scheduled for March 2022, for associations affiliated to Concacaf: a) the international window is extended by one day; and 5. Representative teams shall play the two matches (subject to the temporary exceptions set out in paragraph 4 of this article) within an international window on the territory of the same confederation, with the only exception of intercontinental play-off matches. If at least one of the two matches is a friendly, they can be played in two different confederations only if the distance between the venues does not exceed a total of five flight hours, according to the official schedule of the airline, and two time zones. 6. It is not compulsory to release players outside an international window or outside the final competitions (as per paragraph 2 above) included in the international match calendar. It is not compulsory to release the same player for more than one “A” representative team final competition per year. Exceptions to this rule can be established by the FIFA Council for the FIFA Confederations Cup only. 7. For international windows, players must be released and start the travel to join their representative team no later than Monday morning and must start the travel back to their club no later than the next Wednesday morning following the end of the international window, subject to the temporary exception below. For a final competition in the sense of paragraphs 2 and 3 above, players must be released and start the travel to their representative team no later than Monday morning the week preceding the week when the relevant final competition starts and must be released by the association in the morning of the day after the last match of their team in the tournament. i. During the international windows that have been extended in accordance with paragraphs 4 i. and ii., players must start the travel back to their club no later than the morning following the end of the international window. Football Agent Exam Study Materials – May 2023 edition - 260 Annexes b) a maximum of three matches may be played by each representative team. A 58 8. The clubs and associations concerned may agree a longer period of release or different arrangements with regard to paragraph 7 above. 9. Players complying with a call-up from their association under the terms of this article shall resume duty with their clubs no later than 24 hours after the end of the period for which they had to be released. This period shall be extended to 48 hours if the representative teams’ activities concerned took place in a different confederation to the one in which the player’s club is registered. Clubs shall be informed in writing of a player’s outbound and return schedule ten days before the start of the release period. Associations shall ensure that players are able to return to their clubs on time after the match. 10. If a player does not resume duty with his club by the deadline stipulated in this article, at the request of his club, the Players’ Status Chamber of the Football Tribunal may decide that the next time the player is called up by his association the period of release shall be shortened as follows: 11. a) international window: by two days; b) final competition of an international tournament: by five days. In the event of a repeated violation of these provisions, at the request of his club, the Players’ Status Chamber of the Football Tribunal may decide to: a) issue a fine; b) further reduce the period of release; c) ban the association from calling up the player(s) for subsequent representative-team activities. 1bis Principles for women’s football 1. Clubs are obliged to release their registered players to the representative teams of their country for which the player is eligible to play on the basis of her nationality if they are called up by the association concerned. Any agreement between the player and a club to the contrary is prohibited. 2. The release of players under the terms of paragraph 1 of this article is mandatory for all international windows listed in the women’s international match calendar (cf. paragraphs 3 and 4 below) as well as for the final competitions of the FIFA Women’s World Cup™, the Women’s Olympic Football Tournament, the championships for women’s “A” representative teams of the confederations, subject to the relevant association being a member of the organising confederation, and the confederations’ final-round qualification tournaments for the Women’s Olympic Football Tournament. Football Agent Exam Study Materials – May 2023 edition - 261 3. After consultation with the relevant stakeholders, FIFA publishes the women’s international match calendar for a period of four years. It will include all international windows for the relevant period (cf. paragraph 4 below), as well as the final competitions of the FIFA Women’s World Cup™, the Women’s Olympic Football Tournament and blocked periods for the championships for women’s “A” representative teams of the confederations as well as for the confederations’ final-round qualification tournaments for the Women’s Olympic Football Tournament. Following the publication of the women’s international match calendar, only the specific dates for the championships for women’s “A” representative teams of the confederations and the confederations’ final-round qualification tournaments for the Women’s Olympic Football Tournament will be added within the respective blocked periods. The championships for the women’s “A” representative teams of the confederations and the final-round qualification tournaments for the Women’s Olympic Football Tournament must be played within the respective stipulated blocked periods and confederations are required to notify FIFA of the dates, in writing, at the latest two years in advance of the respective championships for women’s “A” representative teams or final-round tournament. 4. There are three types of international windows: a) Type I is defined as a period of nine days starting on a Monday morning and ending on a Tuesday night the following week, which is reserved for representative teams’ activities. During the type I international window, a maximum of two matches may be played by each representative team, irrespective of whether these matches are qualifying matches for an international tournament or friendlies. The pertinent matches can be scheduled on any day as from Wednesday during the international window, provided that a minimum of two full calendar days are left between two matches (e.g. Thursday/Sunday or Saturday/Tuesday). b) Type II is defined as a period of ten days starting on a Monday morning and ending on Wednesday night the following week, which is reserved for friendly tournaments of the representative teams and qualifying matches. During the type II international window, a maximum of three matches may be played by each representative team. The pertinent matches can be scheduled on any day as from Thursday during the international window, provided that a minimum of two full calendar days are left between two matches (e.g. Thursday/Sunday/Wednesday). c) Type III is defined as a period of 13 days starting on Monday morning and ending on Saturday night the following week, which is reserved exclusively for qualifying matches for the championships of the women’s “A” representative teams of the confederations. During the type III international window, a maximum of four matches may be played by each representative team. The pertinent matches can be scheduled on any day as from Thursday during the international window, provided that a minimum of two full calendar days are left between matches (e.g. Thursday/Sunday/Wednesday/Saturday). Football Agent Exam Study Materials – May 2023 edition - 262 Annexes 59 A 60 5. It is not compulsory to release players outside an international window or outside the competitions listed in paragraph 2 above that are included in the women’s international match calendar. 6. For all three types of international windows, players must be released and start the travel to join their representative team no later than Monday morning and must start the travel back to their club no later than the next Wednesday morning (type I), the next Thursday morning (type II) or the next Sunday morning (type III) following the end of the international window. For the confederations’ final-round qualification tournaments for the Women’s Olympic Football Tournament, players must be released and start the travel to join their representative team no later than Monday morning before the opening match of the qualification tournament and must be released by the association on the morning of the day after the last match of their team in the tournament. For the latter qualification tournaments, the maximum total period of release (between leaving Monday morning and the day of release back to the club by the association) is 16 days. For the other final competitions in the sense of paragraphs 2 and 3 above, players must be released and start the travel to their representative team no later than the Monday morning of the week preceding the week when the relevant final competition starts, and must be released by the association on the morning of the day after the last match of their team in the tournament. 7. The clubs and associations concerned may agree a longer period of release or different arrangements with regard to paragraph 6 above. 8. Players complying with a call-up from their association under the terms of this article shall resume duty with their clubs no later than 24 hours after the end of the period for which they had to be released. This period shall be extended to 48 hours if the representative teams’ activities concerned took place in a different confederation to the one in which the player’s club is registered. Clubs shall be informed in writing of a player’s outbound and return schedule ten days before the start of the release period. Associations shall ensure that players are able to return to their clubs on time after the match. 9. If a player does not resume duty with her club by the deadline stipulated in this article, at the request of her club, the Players’ Status Chamber of the Football Tribunal may decide that the next time the player is called up by her association the period of release shall be shortened as follows: 10. a) international window: by two days; b) final competition of an international tournament: by five days. In the event of a repeated violation of these provisions, at the request of her club, the Players’ Status Chamber of the Football Tribunal may decide to: a) issue a fine; Football Agent Exam Study Materials – May 2023 edition - 263 61 b) further reduce the period of release; c) ban the association from calling up the player(s) for subsequent representative-team activities. 1. Clubs are obliged to release their registered players to the representative teams of the country for which the player is eligible to play on the basis of his nationality if they are called up by the association concerned. Any agreement between a player and a club to the contrary is prohibited. 2. The release of players under the terms of paragraph 1 of this article is mandatory for all international windows listed in the futsal international match calendar (cf. paragraphs 3 and 4 below) as well as for the final competitions of the FIFA Futsal World Cup and of the championships for “A” representative teams of the confederations, subject to the relevant association being a member of the organising confederation. 3. After consultation with the relevant stakeholders, FIFA publishes the futsal international match calendar for the period of four years. It will include all international windows for the relevant period (cf. paragraph 4 below). Following the publication of the futsal international match calendar, only the final competitions of the FIFA Futsal World Cup and of the championships for “A” representative teams of the confederations will be added. 4. There are two types of international windows: a) Type I is defined as a period of ten days starting on a Monday morning and ending on Wednesday night the following week, which is reserved for representative teams’ activities. During a Type I international window, a maximum of four matches may be played by each representative team, irrespective of whether these matches are qualifying matches for an international tournament or friendlies. Representative teams can play the maximum of four matches within an international window of Type I in no more than two confederations. b) Type II is defined as a period of four days starting on a Sunday morning and ending on Wednesday night the following week, which is reserved for representative teams’ activities. During a Type II international window, a maximum of two matches may be played by each representative team, irrespective of whether these matches are qualifying matches for an international tournament or friendlies. Representative teams shall play the maximum of two matches within an international window of Type II on the territory of the same confederation. Football Agent Exam Study Materials – May 2023 edition - 264 Annexes 1ter Principles for futsal A 62 5. It is not compulsory to release players outside an international window or outside the final competitions as per paragraph 2 above included in the futsal international match calendar. 6. For both types of international windows, players must be released and start the travel to join their representative team no later than the first morning of the window (i.e. Sunday or Monday, respectively), and must start the travel back to their club no later than the Thursday morning following the end of the international window. For a final competition of the championships for “A” representative teams of the confederations, players must be released and start the travel to their representative team in the morning 12 days before the relevant final competition starts and must be released by the association in the morning of the day after the last match of their team in the tournament. For the FIFA Futsal World Cup, players must be released and start the travel to their representative team in the morning 14 days before the World Cup starts and must be released by the association in the morning of the day after the last match of their team in the tournament 7. The clubs and associations concerned may agree a longer period of release or different arrangements with regard to paragraph 6 above. 8. Players complying with a call-up from their association under the terms of this article shall resume duty with their clubs no later than 24 hours after the end of the period for which they had to be released. This period shall be extended to 48 hours if the representative teams’ activities concerned took place in a different confederation to the one in which the player’s club is registered. Clubs shall be informed in writing of a player’s outbound and return schedule ten days before the start of the release period. Associations shall ensure that players are able to return to their clubs on time after the match. 9. If a player does not resume duty with his club by the deadline stipulated in this article, at the request of his club, the Players’ Status Chamber of the Football Tribunal may decide that the next time the player is called up by his association the period of release shall be shortened as follows: 10. a) international windows: by two days; b) final competition of an international tournament: by five days. In the event of a repeated violation of these provisions, at the request of his club, the Players’ Status Chamber of the Football Tribunal may decide to: a) issue a fine; b) further reduce the period of release; c) ban the association from calling up the player(s) for subsequent representative-team activities. Football Agent Exam Study Materials – May 2023 edition - 265 2. Financial provisions and insurance 1. Clubs releasing a player in accordance with the provisions of this annexe are not entitled to financial compensation. 2. The association calling up a player shall bear the costs of travel incurred by the player as a result of the call-up. 3. The club with which the player concerned is registered shall be responsible for his insurance cover against illness and accident during the entire period of his release. This cover must also extend to any injuries sustained by the player during the international match(es) for which he was released. 4. If a professional player participating in eleven-a-side football suffers during the period of his release for an international “A” match a bodily injury caused by an accident and is, as a consequence of such an injury, temporarily totally disabled, the club with which the player concerned is registered will be indemnified by FIFA. The terms and conditions of the indemnification, including the loss-handling procedures, are set forth in the Technical Bulletin – Club Protection Programme. 3. Calling up players 1. As a general rule, every player registered with a club is obliged to respond affirmatively when called up by the association he is eligible to represent on the basis of his nationality to play for one of its representative teams. 2. Associations wishing to call up a player must notify the player in writing at least 15 days before the first day of the international window (cf. Annexe 1, article 1 paragraph 4) in which the representative teams’ activities for which he is required will take place. Associations wishing to call up a player for the final competition of an international tournament must notify the player in writing at least 15 days before the beginning of the relevant release period. The player’s club shall also be informed in writing at the same time. Equally, associations are advised to copy the association of the clubs concerned into the summons. The club must confirm the release of the player within the following six days. 3. Associations that request FIFA’s help to obtain the release of a player playing abroad may only do so under the following two conditions: a) The association at which the player is registered has been asked to intervene without success. b) The case is submitted to FIFA at least five days before the day of the match for which the player is needed. Football Agent Exam Study Materials – May 2023 edition - 266 Annexes 63 A 64 4. Injured players A player who due to injury or illness is unable to comply with a call-up from the association that he is eligible to represent on the basis of his nationality shall, if the association so requires, agree to undergo a medical examination by a doctor of that association’s choice. If the player so wishes, such medical examination shall take place on the territory of the association at which he is registered. 5. Restrictions on playing A player who has been called up by his association for one of its representative teams is, unless otherwise agreed by the relevant association, not entitled to play for the club with which he is registered during the period for which he has been released or should have been released pursuant to the provisions of this annexe, plus an additional period of five days. 6. Disciplinary measures Violations of any of the provisions set forth in this annexe shall result in the imposition of disciplinary measures to be decided by the FIFA Disciplinary Committee based on the FIFA Disciplinary Code. Football Agent Exam Study Materials – May 2023 edition - 267 Rules for the employment of coaches 1. Scope 1. This annexe lays down rules concerning contracts between coaches and professional clubs or associations. 2. This annexe applies to coaches that are: a) paid more for their coaching activity than the expenses they effectively incur; and b) employed by a professional club or an association. 3. This annexe applies equally to football and futsal coaches. 4. Each association shall include in its regulations appropriate means to protect contractual stability between coaches and clubs or associations, paying due respect to mandatory national law and collective bargaining agreements. 2. Employment contract 1. A coach must have a written contract with a club or an association, executed on an individual basis. 2. A contract shall include the essential elements of an employment contract, such as inter alia the object of the contract, the rights and obligations of the parties, the status and occupation of the parties, the agreed remuneration, the duration of the contract and the signatures of each party. Football Agent Exam Study Materials – May 2023 edition - 268 Annexes ANNEXE 02. 65 A 66 3. Any employment contract that is concluded following the provision of football agent services shall specify the football agent’s name, their client, their FIFA licence number and their signature, in accordance with the FIFA Football Agent Regulations. 4. The validity of a contract may not be made subject to: a) the granting of a work or residence permit; b) the requirement to hold a specific coaching licence; or c) other requirements of an administrative or regulatory nature. 5. In their employment process, clubs and associations must act with due diligence in order to ensure that the coach meets the necessary requirements to be engaged (e.g. holding the required coaching licence) and performs their duties. 6. Contractual clauses granting the club or the association additional time to pay the coach amounts that have fallen due under the terms of the contract (“grace periods”) shall not be recognised. Grace periods contained in collective bargaining agreements validly negotiated by employers’ and employees’ representatives at domestic level in accordance with national law shall, however, be legally binding and recognised. Contracts existing at the time of this provision coming into force shall not be affected by this prohibition. 3. Respect of contracts A contract may only be terminated upon expiry of its term or by mutual agreement. 4. Terminating a contract with just cause 1. A contract may be terminated by either party without the payment of compensation where there is just cause. 2. Any abusive conduct of a party aimed at forcing the counterparty to terminate or change the terms of the contract shall entitle the counterparty to terminate the contract with just cause. Football Agent Exam Study Materials – May 2023 edition - 269 67 5. Terminating a contract with just cause for outstanding salaries 1. In the case of a club or association unlawfully failing to pay a coach at least two monthly salaries on their due dates, the coach will be deemed to have a just cause to terminate their contract, provided that they have put the debtor club or association in default in writing and granted a deadline of at least 15 days for the debtor club or association to fully comply with its financial obligation(s). Alternative provisions in contracts existing at the time of this provision coming into force may be considered. 2. For any salaries of a coach which are not due on a monthly basis, the pro-rata value corresponding to two months shall be considered. Delayed payment of an amount which is equal to at least two months shall also be deemed a just cause for the coach to terminate their contract, subject to compliance with the notice of termination as per paragraph 1 above. 3. Collective bargaining agreements validly negotiated by employers’ and employees’ representatives at domestic level in accordance with national law may deviate from the principles stipulated in paragraphs 1 and 2 above. The terms of such an agreement shall prevail. 6. Consequences of terminating a contract without just cause 1. In all cases, the party in breach shall pay compensation. 2. Unless otherwise provided for in the contract, compensation for the breach shall be calculated as follows: a) In case the coach did not sign any new contract following the termination of their previous contract, as a general rule, the compensation shall be equal to the residual value of the contract that was prematurely terminated. b) In case the coach signed a new contract by the time of the decision, the value of the new contract for the period corresponding to the time remaining on the prematurely terminated contract shall be deducted from the residual value of the contract that was terminated early (the “Mitigated Compensation”). Furthermore, and subject to the early termination of the contract being due to overdue payables, in addition to the Mitigated Compensation, the coach shall be entitled to an amount corresponding to three monthly salaries (the “Additional Compensation”). In case of egregious circumstances, the Additional Compensation may be increased up to a maximum of six monthly salaries. The overall compensation may never exceed the residual value of the prematurely terminated contract. Football Agent Exam Study Materials – May 2023 edition - 270 Annexes Compensation due to a coach A 68 c) Collective bargaining agreements validly negotiated by employers’ and employees’ representatives at domestic level in accordance with national law may deviate from the principles stipulated above. The terms of such an agreement shall prevail. Compensation due to a club or an association d) Compensation shall be calculated on the basis of the damages and expenses incurred by the club or the association in connection with the termination of the contract, giving due consideration, in particular, to the remaining remuneration and other benefits due to the coach under the prematurely terminated contract and/or due to the coach under any new contract, the fees and expenses incurred by the former club (amortised over the term of the contract), and the principle of the specificity of sport. 3. Entitlement to compensation cannot be assigned to a third party. 4. Any person subject to the FIFA Statutes who acts in a manner designed to induce a breach of contract between a coach and a club or association shall be sanctioned. 7. Overdue payables 1. Clubs and associations are required to comply with their financial obligations towards coaches as per the terms stipulated in the contracts signed with their coaches. 2. Any club or association 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 or an association to be considered to have overdue payables in the sense of the present article, the creditor coach must have put the debtor club or association in default in writing and have granted a deadline of at least ten days for the debtor club or association to comply with its financial obligation(s). 4. Within the scope of its jurisdiction, the Football Tribunal may impose the following sanctions: 5. a) a warning; b) a reprimand; c) a fine. The sanctions provided for in paragraph 4 above may be applied cumulatively. Football Agent Exam Study Materials – May 2023 edition - 271 69 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 payment of compensation in accordance with article 6 paragraph 2 above in the event of unilateral termination of the contractual relationship. 8. Consequences for failure to pay relevant amounts in due time 2. When: a) the Football Tribunal orders a party (a club, a coach or an association) to pay another party (a club, a coach or an association) a sum of money (outstanding amounts or compensation), 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 an association: a restriction on receiving a percentage of development funding, up until the due amounts are paid, subject to paragraph 7 below. c) Against a coach: a restriction on any football-related activity up until the due amounts are paid. The overall maximum duration of the restriction shall be of up to six months, subject to paragraph 7 below. 3. Such consequences may be excluded where the Football Tribunal has been informed that the debtor club or association 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 (including all applicable interest) due 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. Football Agent Exam Study Materials – May 2023 edition - 272 Annexes 1. A 70 a) The time limit is paused by a valid request for 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. 9. 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 full payment (including all applicable interest) to FIFA, for the consequences to be lifted. a) Upon receipt of the proof of payment, FIFA shall immediately request that the creditor confirm receipt of full payment within five days. 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. For the avoidance of doubt, the provisions set out in article 25 apply equally to this annexe. Football Agent Exam Study Materials – May 2023 edition - 273 ANNEXE 03. 71 International transfer of players and transfer matching system 1. Objectives 1. The transfer matching system (TMS) is designed to fulfil the objectives of the football transfer system. 2. TMS also has the following specific objectives: a) to monitor and regulate the procedure for the international transfers of players; b) to provide football authorities with information concerning the football transfer system; c) to increase the transparency, efficiency and credibility of the international football transfer system; d) to clearly distinguish between the different payments in relation to international player transfers; and e) to guarantee the protection of minors. 2. Scope 1. This annexe governs the procedure for the international transfer of players in TMS. Football Agent Exam Study Materials – May 2023 edition - 274 Annexes TITLE I. GENERAL RULES A 72 2. It is mandatory for associations and clubs to use TMS for the international transfer of professional and amateur players in eleven-a-side football. 3. FIFA provides free access to TMS to associations and clubs. No one shall be charged for any activity performed in TMS. TITLE II. TMS USERS 3. General provisions 1. In the context of the international transfer of players, TMS users will be authorised to perform actions in TMS on behalf of a club or an association, in line with the permissions granted to each of them by FIFA. 2. The FIFA general secretariat is authorised to perform actions provided for in this annexe. 4. Procedure to obtain access to TMS 1. Only users authorised by FIFA shall have access to TMS. Associations 2. To access TMS for the first time, an association shall appoint at least two TMS users, who shall undergo training provided by FIFA. 3. An association may appoint a new TMS user at any time. The new TMS user shall be trained by an existing authorised TMS user of the association. Upon completion of the training, the association shall submit a new user request via TMS. Clubs 4. To access TMS for the first time, a club shall appoint at least one TMS user, who shall undergo training provided by the association to which the club is affiliated. Upon completion of the training, the association shall submit a new user request via TMS. 5. A club may appoint a new TMS user at any time. The new TMS user shall be trained by an existing authorised TMS user of the club, or in the absence of any existing TMS users, by the association to which the club is affiliated. Upon completion of the training, the association shall submit a new user request via TMS. Football Agent Exam Study Materials – May 2023 edition - 275 73 5. TMS user requirements 1. To be eligible as a TMS user, an individual: 2. a) shall be a direct employee of the relevant club or association. In the absence of employees, a volunteer or executive member could be permissible; b) shall be trained to use TMS by a TMS user of the relevant association or club, or by completing the TMS e-learning training programme; c) shall have basic computer skills; d) shall have a good working knowledge of at least one of the following official FIFA languages: English, French or Spanish; e) shall pass a background check run by FIFA, ensuring in particular that the prospective user has never been convicted of a criminal charge regarding matters related to: organised crime, drug trafficking, corruption, bribery, money laundering, tax evasion, fraud, match manipulation, misappropriation of funds, conversion, breach of fiduciary duty, forgery, legal malpractice, sexual abuse, violent crimes, harassment, exploitation of child or vulnerable young adult trafficking, and/or similar; f) cannot be an active TMS user for more than one organisation at the same time; g) cannot hold any position or perform any activity that could generate a conflict of interest; h) cannot be a professional football player; i) cannot be a football agent; j) shall provide a personal email address (corporate if possible) that is not general or shared; and k) shall be 18 years of age or older. An association may define additional minimum requirements for TMS users within its jurisdiction. 6. General obligations: clubs and associations 1. Clubs and associations are responsible for all actions undertaken by their respective appointed TMS users. Annexes TITLE III. OBLIGATIONS A Football Agent Exam Study Materials – May 2023 edition - 276 74 2. Clubs and associations shall always: a) act in good faith; b) abide by the FIFA Statutes and all FIFA regulations; c) inform FIFA of any suspected breaches of FIFA regulations; d) maintain confidentiality over all data in TMS, apply the highest degree of care to guarantee complete confidentiality and only use confidential data for the purpose of completing player transfers in which they are directly involved; e) ensure that only their authorised TMS users may access TMS on their behalf; f) check TMS at regular intervals to ensure they are in a position to comply with their obligations at all time; g) perform pending actions in TMS without delay; h) ensure that they have all of the necessary equipment, training and know-how to fulfil their obligations; i) use TMS only for the purposes set out in the FIFA regulations; j) ensure that the email address of any authorised TMS user is valid and always kept up to date; k) request the deactivation of an account of an authorised TMS user who is no longer authorised to use TMS on their behalf; l) ensure that all information entered is true and correct; m) ensure that all documents uploaded in TMS are authentic, complete and legible. Documents uploaded shall conform to the type requested (e.g. an “employment contract” shall not be uploaded in the “transfer agreement” section). Documents shall be uploaded in PDF format; and n) 3. if requested by the FIFA general secretariat, upload a translation of a document (or an excerpt thereof) into one of the following official languages of FIFA: English, French or Spanish. To ensure that clubs and associations are fulfilling their obligations in respect of this annexe, the FIFA general secretariat shall investigate matters in relation to international transfers. Clubs and associations shall collaborate in the event of an investigation being carried out by FIFA concerning international transfers of players and the clubs’ and associations’ use of TMS. In particular, they shall collaborate to establish the facts and comply, within the granted deadline, with requests for any documents, information or any other materials of any nature held by them or, if not held by them, which they are entitled to obtain within the time limits established by FIFA. Football Agent Exam Study Materials – May 2023 edition - 277 75 7. Specific obligations: clubs a) always have at least one TMS user; b) ensure that their contact details (postal address, telephone, and email address) are valid and always kept up to date; c) ensure that their own bank account details are valid and always kept up to date; d) enter and confirm transfer instructions and (where applicable) ensure that the required information matches (cf. art. 10 of this annexe); and e) declare all payments made in the context of an international transfer. 8. Specific obligations: associations 1. Associations shall: a) monitor the activity of their affiliated clubs in TMS to verify compliance with this annexe, and inform FIFA about any potential infringements; b) always have at least two authorised TMS users; c) provide their affiliated clubs with ongoing TMS training; d) ensure that their contact details (postal address, telephone number and email address) and the those of their affiliated clubs are valid and always kept up to date; e) ensure that their bank account details are valid and always kept up to date; f) enter the training category of their affiliated clubs; g) ensure that their affiliated clubs and registered players are assigned a FIFA ID and, when required, resolve duplicate entries concerning their affiliated clubs and registered players without delay; h) confirm or reject newly created players (cf. art. 13 of this annexe); i) carry out the ITC procedure (cf. art. 11 of this annexe); j) enter transfers of amateur players on behalf of affiliated clubs that do not have access to TMS (cf. art. 10 of this annexe); and k) enter all required data related to dates of competitions periods, seasons and registration periods, as applicable (cf. article 6 of these regulations) at least 12 months before the first match of the relevant season in the following categories of competition, where applicable; i. Male professional competitions Football Agent Exam Study Materials – May 2023 edition - 278 Annexes Clubs with access to TMS shall: A 76 ii. Female professional competitions iii. Amateur competitions (female and male) 2. An association may modify in TMS the dates for a registration period that has already been entered in TMS prior to its commencement. The said modification shall be notified to FIFA. Once a registration period has commenced, no modification of its dates is permitted. 9. FIFA’s role The FIFA general secretariat is responsible for: a) assisting TMS users with technical and regulatory issues; b) managing the access of TMS users; c) providing ongoing education and support to associations and clubs; d) entering in TMS any sanctions against a club or association; e) managing any special procedures identified in this annexe; f) investigating possible infringements of FIFA regulations related to the use of TMS; and g) imposing administrative sanctions for breaches of this annexe (cf. art. 17 of this annexe). TITLE IV. PROCESS FOR TRANSFERRING A PLAYER 10. Clubs: creating transfer instructions 1. When creating a transfer instruction, clubs shall enter information and upload supporting documents concerning: 2. a) the instruction type; b) the player being transferred; c) the details of the transfer; and d) the parties involved in the transfer. Clubs shall indicate if the transfer instruction refers to: a) engaging a player or releasing a player; b) whether the transfer is permanent or a loan; Football Agent Exam Study Materials – May 2023 edition - 279 77 c) whether the player will be a professional or an amateur with the new club; and d) if related to an earlier loan transfer instruction, whether there is: i. a return from loan; ii. a loan extension; iii. a loan being converted into a permanent transfer; or iv. a loan conclusion (i.e. the loan agreement between the clubs has ended and the player’s employment contract with the former club has also ended). 4. Concerning the player being transferred, clubs shall enter the following information as applicable, depending on the transfer instruction type: a) Status (amateur or professional) with the former club; b) Name, nationality(ies), date of birth and gender; c) For loans, whether the player is a club-trained player (cf. definition 31 of these regulations) and whether the loan occurs before the end of the season of the former club at which the professional turns 21; d) Start and end dates of the employment contract with the former club; e) Start and end dates of the employment contract with the new club; f) Fixed remuneration set out in the employment contract with the new club; and g) The reason for termination of the employment contract with the former club. With respect to the details of the transfer, clubs shall enter the following information as applicable, depending on the transfer instruction type: a) Whether there is a transfer agreement with the former club; for the avoidance of doubt, this includes any agreement where the former club waives its right to receive training rewards in exchange for another payment in line with art. 10. par. 4 d) of this annexe; b) The date of execution of the transfer agreement; c) The start and end dates of the loan agreement; d) Whether the transfer is performed against any of the following types of payment: i. fixed transfer fee, including the amount and date of instalments, if any; ii. release (buy-out) fee, including the amount and date of instalments, if any; Football Agent Exam Study Materials – May 2023 edition - 280 Annexes 3. A 78 iii. conditional transfer fee, including the amount and details of conditions; or iv. sell-on fee, including the percentage. 5. 6. e) Payment currency; f) Club bank account details; and g) A declaration on influence and third-party ownership of the player’s economic rights (cf. arts. 18bis and 18ter of these regulations). With respect to the parties involved in the transfer, clubs shall enter the following information as applicable: a) the player’s former club; b) the player’s former association; c) the player’s new club; d) the player’s new association; e) the club football agent’s name, service fee and any other fee paid to the football agent; and f) the player’s football agent’s name. Clubs are obliged to upload the following mandatory supporting documents regarding the information that has been entered in TMS as applicable, depending on the transfer instruction type: a) The new club: i. Proof of the player’s identity (passport or national identity card). ii. Proof of the end date of the player’s last employment contract and the reason for its termination. iii. The player’s employment contract with the new club. iv. The transfer agreement (whether permanent or loan) between the new club and the former club. Where applicable, a copy of any amendments shall be uploaded in TMS as soon as they have been concluded. v. A copy of the representation agreement entered into with a football agent, if applicable, within 14 days of occurrence. Where applicable, a copy of any amendments shall be uploaded in TMS within 14 days of occurrence. vi. A copy of any other agreement entered into with a football agent other than a representation agreement, if applicable, within 14 days of occurrence. Where applicable, a copy of any amendments shall be uploaded in TMS within 14 days of occurrence. Football Agent Exam Study Materials – May 2023 edition - 281 79 b) The former club: i. Where third-party ownership of the player’s economic rights has been declared (cf. article 10.4 g) of this annexe), the agreement with the third party. ii. For loans, proof that the professional is a club-trained player (cf. art. 10 par. 3 c) of this annexe). iii. A copy of the representation agreement signed with a football agent, if applicable, within 14 days of occurrence. Where applicable, a copy of any amendments shall be uploaded in TMS within 14 days of occurrence. 7. Once all of the relevant information has been entered and the mandatory documents have been uploaded, the club(s) shall confirm the transfer in TMS without delay and before the end of the new association’s registration period (subject to the exceptions in art. 6 of these regulations). 8. For international transfers with a transfer agreement (whether permanent or on loan), both clubs shall: a) independently of each other, enter and confirm the transfer instruction as soon as the agreement has been concluded; b) ensure that the required information matches; and c) collaborate to resolve any matching exceptions. 9. This article also applies to associations entering the transfer of an amateur player on behalf of an affiliated club without access to TMS. 11. Associations: ITC procedure and player registration 1. Once a transfer instruction has been created (cf. art. 10 of this annexe) and (if applicable) the player has been confirmed (cf. art. 13 of this annexe): a) the new association will be notified in TMS that the transfer instruction is awaiting an ITC request; b) upon receipt of this notification, the new association will be able to request in TMS that the former association deliver an ITC for the player; c) at the very latest, the ITC shall be requested on the last day of the new association’s registration period for the transfer to occur during that registration period. An ITC requested after the close of the relevant registration period of the new association (subject to the exceptions in art. 6 of these regulations) will go into validation exception status (cf. art. 14 par. 1 c) of this annexe); and Football Agent Exam Study Materials – May 2023 edition - 282 Annexes iv. A copy of any agreement entered into with a football agent other than a representation agreement, if applicable, within 14 days of occurrence. Where applicable, a copy of any amendments shall be uploaded in TMS within 14 days of occurrence. A 80 d) 2. 3. for the international transfer of minors, an ITC may only be requested if the corresponding minor application has been approved by the Football Tribunal or if the player is being registered under a valid limited minor exemption (cf. art. 19 of these regulations). Where the player was a professional at his former club, upon notification of the ITC request, the former association shall immediately request the former club to confirm whether or not: a) the employment contract has expired; or b) an early termination was mutually agreed. Within seven days of the ITC request, the former association shall either: a) deliver the ITC to the new association; or b) reject the ITC request, select the reason for the rejection, and upload a duly signed supporting statement. A rejection may only be made where: i. an employment contract between the former club and the professional player is considered to be still in force; or ii. there has been no mutual agreement regarding its early termination. 4. When delivering an ITC, the former association shall upload a copy of any relevant documentation pertaining to disciplinary sanctions imposed on a player and, if applicable, their extension to have worldwide effect (cf. art. 12 of these regulations). 5. Upon delivery of the ITC, the new association shall confirm its receipt, enter the relevant player registration information in TMS and register the player in its electronic registration system without delay. 6. If the former association fails to respond to the ITC request within seven days, the new association will be able to register the player with the new club and enter the relevant player registration information in TMS. 7. The new association shall only confirm the ITC receipt (cf. par. 5 above) or confirm registration in TMS (cf. par. 6 above) if the player is to be registered with the new club. 8. If the former association rejects the ITC request, the new association shall: a) accept the rejection, in which case the transfer will be cancelled; or b) dispute the rejection, in which case the transfer will go into validation exception status. In such a case, upon request of the new association, the FIFA Football Tribunal may authorise the player registration without prejudice to any claim being lodged with FIFA in accordance with article 22 of these regulations. Football Agent Exam Study Materials – May 2023 edition - 283 81 9. A player is not eligible to play for his new club until the new association has either: a) confirmed receipt of the ITC, entered the player registration information in TMS and registered the player in its electronic registration system; or b) registered the player in its electronic registration system and entered the player registration information in TMS following: i. no response to the ITC request within seven days; or ii. authorisation from the FIFA Football Tribunal to register the player. 10. All registrations described in paragraph 9 above have the same effect and are equally valid. 12. Payments 1. Clubs shall declare all club-to-club payments made in the context of an international transfer (cf. art. 11 par. 4 of the FIFA Clearing House Regulations). When declaring the execution of a payment, the new club shall upload the relevant proof of payment in TMS within 30 days of each payment. 2. Where a club-to-club payment is no longer due, clubs shall request the forced closure of the transfer without delay. 3. Clubs shall declare any payments made in relation to any representation agreement entered into with a football agent. When declaring the execution of a payment, the relevant club shall upload the relevant proof of payment in TMS within 14 days of each payment. 4. Clubs shall declare any payments made in relation to any agreemententered into with a football agent other than a representation agreement. When declaring the execution of a payment, the relevant club shall upload the relevant proof of payment in TMS within 14 days of each payment. 13. Player confirmation 1. If the player being transferred does not exist in TMS, the club that first enters the transfer instruction in TMS shall create his profile. The same applies to associations entering transfer instructions of amateur players on behalf of their affiliated clubs that do not have access to TMS. Football Agent Exam Study Materials – May 2023 edition - 284 Annexes TITLE V. SPECIAL PROCEDURES A 82 2. The ITC procedure will only be initiated once the newly created player details have been verified, corrected if required and confirmed by the former association. By confirming the player, the former association confirms that the player was last registered with it and that his identity details (name, nationality, date of birth and gender) are correct. 3. The former association shall reject the newly created player if the player is not registered with it at the time of the transfer. 4. The player confirmation procedure shall be carried out without delay. 14. Validation exceptions 1. A validation exception may be triggered in the following cases: a) the player is less than 18 years old and the corresponding minor application has not yet been accepted; b) the new club is serving a ban on registering new players; c) the new club and/or the former club has exceeded the loan limitations (cf. art. 10 of these regulations); d) the date of the ITC request is outside the new association’s registration period, and no exception under art. 6 of these regulations applies; or e) the ITC request has been rejected by the former association and the rejection has been disputed by the new association. 2. Any requests for intervention in a validation exception shall be submitted via TMS. Upon request from the association concerned, the FIFA general secretariat will assess the request and, if necessary, refer the matter to the Players’ Status Chamber of the Football Tribunal. Any such request and any supporting documentation shall be provided only in one of the following official languages of FIFA: English, French or Spanish. Each case is assessed individually on its own merits. 15. Cancellation 1. As a general rule, a transfer instruction containing incorrect information shall be cancelled. 2. The club(s), or the new association acting on behalf of a club in an amateur transfer, may cancel a transfer instruction prior to an ITC request. Football Agent Exam Study Materials – May 2023 edition - 285 83 3. Once an ITC has been requested, only the relevant association(s) may request the cancellation in TMS, indicate the reason for cancellation and specify the correct information. 4. In such a case, the counter association shall accept or dispute the cancellation request. a) If it accepts the request, the transfer will be cancelled; or b) If it disputes the request, the relevant association shall upload a supporting statement in TMS and contact the FIFA general secretariat to resolve the dispute. 16. General 1. Sanctions shall be imposed on clubs and associations that violate the provisions contained in this annexe, including violations committed by their TMS users. 2. The FIFA general secretariat is responsible for investigating any violation of the provisions contained in this annexe. 3. The FIFA Disciplinary Committee is responsible for sanctioning violations of the provisions contained in this annexe in accordance with the FIFA Disciplinary Code. 17. Administrative sanction procedure 1. Without prejudice to the competence of the FIFA Disciplinary Committee, the FIFA general secretariat has the competence to impose sanctions within the administrative sanction procedure (ASP) as set out below. 2. The ASP deals with infringements of this annexe that are of a primarily technical or administrative nature. 3. If such an infringement is detected, the following procedure will take place: a) The FIFA general secretariat will contact the association or club to identify the infringement, request a statement or any other relevant information within a defined deadline and, if applicable, request that the infringing behaviour be corrected. Annexes TITLE VI. ENFORCEMENT A Football Agent Exam Study Materials – May 2023 edition - 286 84 4. 18. b) Upon receipt of the statement or relevant information or upon expiry of the time limit to do so, the FIFA general secretariat may issue an administrative sanction letter containing a sanction, if applicable. c) The party may accept the sanction or reject it and, in this case, request the opening of disciplinary proceedings before the FIFA Disciplinary Committee. If the party accepts the sanction, the latter will be enforceable from the date of acceptance. d) If the party accepts the sanction, complies with it (where applicable) and corrects the infringing behaviour within the time limits to do so, the matter will be closed. e) If the party f