FIFA Football Agent Exam Study Materials PDF

29 Article 17: Sanctions 17.1 Individuals, clubs, and member associations shall cooperate with the FIFA general secretariat and with the FIFA Clearing House on any matter related to these Regulations. They shall provide truthful and accurate information in relation to the processes described withi...

29 Article 17: Sanctions 17.1 Individuals, clubs, and member associations shall cooperate with the FIFA general secretariat and with the FIFA Clearing House on any matter related to these Regulations. They shall provide truthful and accurate information in relation to the processes described within these Regulations. All parties shall comply with requests (whether from FIFA general secretariat or from the FIFA Clearing House) to provide any documents, information or any other material, of any nature, in its possession or which it is entitled to obtain. Whenever a party is subject to disciplinary sanctions, the level of cooperation with the FIFA general secretariat and the FIFA Clearing House shall be taken into account. 17.2 The FIFA general secretariat shall monitor compliance with these Regulations. a) The FIFA general secretariat may refer cases of non-compliance with notices or requests for information or documentation, or any other case of non-compliance with these Regulations, to the FIFA Disciplinary Committee in accordance with the FIFA Disciplinary Code. b) The FIFA general secretariat may refer cases of unethical conduct in relation to these Regulations to the independent Ethics Committee in accordance with the FIFA Code of Ethics. The sanction for a member association that fails to provide accurate registration information during an EPP review process or whose electronic player registration system and/or electronic domestic transfer system is not integrated with the FIFA Connect Interface shall be: a) a fine; and b) if accurate registration information is not provided due to the fault or negligence of a member association, or due to one or both systems not being integrated with the FIFA Connect Interface, and this results in its affiliated club being wrongly denied receipt of a training reward, an order to pay restitution to the affiliated club, in an amount equivalent to the training reward that should have been paid. Article 17 paragraph 3 b) shall not apply if a member association can prove, to the comfortable satisfaction of the FIFA Disciplinary Committee, that it undertook its best efforts to provide accurate registration information and that despite such efforts, no accurate registration information could be provided. Sanctions and disputes 17.3 V. Football Agent Exam Study Materials – May 2023 edition - 367 30 17.4 The sanction for a member association that fails to automatically communicate or manually declare a training rewards trigger to FIFA shall be: a) a fine; and b) where, due to the failure, a club has not received training rewards that it would have ordinarily been entitled to receive, an order to pay restitution to the training club, in an amount equivalent to the training reward that should have been paid. 17.5 A club that fails to upload proof of payment in a timely manner, in cases of international transfers or domestic transfer declarations, shall be sanctioned in accordance with article 16 of Annexe 3 to the RSTP. 17.6 The sanction for a club that fails to pay the amount requested in accordance with article 13 or article 16 paragraph 1 f) shall be: a) a fine; and b) a ban on registering any new players, either nationally or internationally. The registration ban shall be lifted once the amount has been paid in full. 17.7 The sanction for a club or member association that fails a First Compliance Assessment shall be: a) For a new club: i. in any case, a levy of 2.5% of the calculated training rewards due, payable to the training club(s) through the FIFA Clearing House instead of interest for late payment; and ii. a reprimand; and/or iii. a fine. b) For a training club: 17.8 i. a reprimand; and/or ii. a fine. The sanction for a club or member association that fails a Second Compliance Assessment shall be: a) for a new club: i. a fine; and ii. a ban on registering any new players, either nationally or internationally. For the avoidance of doubt, the Compliance Assessment shall continue until the FIFA Clearing House determines that it has been successfully passed. The registration ban shall be lifted only after the FIFA Clearing House confirms that the club has passed a subsequent Compliance Assessment. Football Agent Exam Study Materials – May 2023 edition - 368 31 b) for a training club or member association: 17.9 i. forfeiture of the training reward due to that party for the specific transaction. The Allocation Statement will be amended to direct the new club to pay the forfeited training rewards to the member association of the club through the FIFA Clearing House, to be used by the member association for development of football at national level; and ii. any further sanction deemed proportionate, taking into account that the party has already forfeited its right to receive the relevant training reward. For all other violations of these Regulations and/or for repeated violations of the provisions identified in paragraphs 3 to 9, the FIFA Disciplinary Committee or independent Ethics Committee (as the case may be) may determine the sanction at its discretion. Article 18: Disputes 18.1 Any final decision, as identified in these Regulations, may be appealed to CAS in accordance with the FIFA Statutes, unless otherwise specified in these Regulations. 18.2 A club that: a) did not take part in the relevant EPP review process; and b) considers, as a result of a bridge transfer (cf. article 5bis of the RSTP), exchange of players or information declared by the new club or its member association (including the training category of the club), that: it was incorrectly not entitled to any training rewards, or entitled to a lesser amount than should have been calculated; or ii. an EPP review process should have taken place; and considers that it is entitled to receive training rewards, may lodge a claim against the relevant clubs in accordance with article 27 of the Procedural Rules. The Dispute Resolution Chamber shall decide such claims. 18.3 Any party that fails to provide accurate and up-to-date information as required under these Regulations may be subject to disciplinary proceedings pursuant to the FIFA Disciplinary Code. Sanctions and disputes c) i. V. Football Agent Exam Study Materials – May 2023 edition - 369 FINAL PROVISIONS VI. Football Agent Exam Study Materials – May 2023 edition - 370 33 Article 19: Applicability in time These Regulations shall apply to all transactions in which the trigger for the entitlement of training rewards occurs as from the day on which these Regulations enter into force. Article 20: Transitory provisions Where the FIFA Clearing House is unable to operate for any reason related to its licensing obligations: a) articles 4 to 12 of these Regulations shall continue to apply; b) articles 13 to 16 of these Regulations shall be temporarily suspended until such time that the FIFA Clearing House is able to process transactions; c) the training reward(s) as set out in any Allocation Statement shall remain due; and d) the party obliged to pay training rewards shall make the payment, based on the final and binding EPP and Allocation Statement, directly into the bank account (registered in the name of the training club) provided by each training club. Payment shall be made within thirty (30) days of notification by the FIFA general secretariat (cf. article 10 paragraph 5). Failure to do so shall result in disciplinary sanctions as established in article 17 paragraph 6. Article 21: References 21.1 Articles 10 and 11 of the Procedural Rules regarding communication and time limits shall apply to articles 9 and 10 of these Regulations. 21.2 The terms set out in the FIFA Statutes and the RSTP shall apply to these Regulations. 22.1 Any matters not provided for in these Regulations shall be determined by the FIFA general secretariat. 22.2 Cases of force majeure shall be decided by the FIFA Council, whose decisions are final. Final provisions Article 22: Matters not provided for VI. Football Agent Exam Study Materials – May 2023 edition - 371 34 Article 23: Official languages If there are any discrepancies in the interpretation of the texts of the various languages of these Regulations, the English text shall be authoritative. Article 24: Inconsistency 24.1 If any part of these Regulations is inconsistent with the FIFA Statutes, the FIFA Statutes shall prevail to the extent of the inconsistency. 24.2 If any part of these Regulations is inconsistent with any other FIFA regulation: a) if the inconsistency relates to the entitlement to receive training rewards, the RSTP shall prevail to the extent of the inconsistency; b) in any other case, these Regulations shall prevail to the extent of the inconsistency. Article 25: Operational management The FIFA general secretariat is entrusted with the operational management of these Regulations and is therefore entitled to make decisions and adopt the detailed provisions necessary for their implementation. Article 26: Enforcement These Regulations were approved by the FIFA Council on 22 October 2022 and come into force on 16 November 2022. Football Agent Exam Study Materials – May 2023 edition - 372