REGISTRATION PROCEDURES 221 Registration Procedures Preamble These procedures ( Procedures ) are to be read in conjunction with FIFA Regulations for the Status and Transfer of Players ( FIFA Regulations ) and with the rules of the competition in which a player is playing. The FIFA Regulations (as amended by FIFA from time to time) are printed in full in the Association s handbook. Where competition rules conflict with the Procedures, then the Procedures shall take precedence. 1 REGISTRATION ( PERIODS ) Registration Periods will apply to professional players who compete in football at Scottish Premier League and Scottish Football League level. The Registration Periods will not apply to amateur players. 1.1 To those clubs to which Registration Periods apply, a professional player may only be registered to play for such a club during one of two registration periods per year as determined by the Board from time to time. 1.2 A professional player may be subject to three transfers of registration internationally during the period from 1 July until 30 June of the following year. During this period the player is only eligible to play in official matches for two clubs. Domestically, a professional player whose contract has expired or has had his contract cancelled by mutual consent or is the subject of a transfer may also have three transfers of registration during the period from 1 July until 30 June of the following year. The player may only play in official matches during his first two transfers of registration. A professional player who has failed to find employment during a registration period may sign and be registered for a club outwith the registration periods. 1.3 The Association will effect the registration of professional players during two registration periods and will provide the club for which the player is registered with a Player Passport indicating the club(s) the player has been registered with since his 12th birthday. 1.4 The Association may in its absolute discretion, in exceptional circumstances, sanction an application for registration of a professional player outwith the Registration Periods subject to specific conditions and Board approval. 1.5 Disputes: Any dispute regarding the application of Registration Periods domestically will be dealt with by the Board. Any dispute regarding the application of Registration Periods internationally will be dealt with by FIFA in accordance with the FIFA Regulations.
222 REGISTRATION PROCEDURES 2. NON-RECREATIONAL FOOTBALL 2.1 Non-Recreational Player Registration Form To be used by clubs in full and associate membership of the Association, clubs in membership of affiliated associations and Scottish Junior FA clubs to register players upon a contract, non-contract, amateur and youth basis. 2.2 Non-Recreational Player Registration Contract Provided that it is during a registration period or special dispensation has been granted in accordance with Procedures Rule 1.4 every player who has entered into an agreement with a club in full or associate membership of the Association or in membership of an Affiliated Association or in membership of the Scottish Junior FA providing for payment to him of weekly/monthly wages shall be registered with the Association upon a Non - Recreational Contract Player Registration Form. An amateur player upon signing this type of form acquires professional status. 2.2.1 Terms and Conditions A player who has not attained school leaving age shall not be registered with the Association upon a Non-Recreational Contract Player Registration Form. The registration of a player, who is under 18 years of age at the date of signing a Non- Recreational Contract Player Registration Form may be for a period not exceeding 3 years. Any clause referring to a longer duration within the relative agreement between the player and the club shall not be recognised and the player s registration only effected for a period of no more than 3 years. The registration of a player who is 18 years of age and over at the date of signing a Non-Recreational Contract Player Registration Form may be for a period up to but not exceeding 5 years. Agreements of any other length shall only be permitted if consistent with national laws. Unless lodged in accordance with Procedures Rule 2.13 a Non-Recreational Contract Player Registration Form will not be valid unless it is accompanied by the contract entered into between the club concerned and the player stating all the terms and conditions in conformity with the Procedures Rule 4. A registration of a player by means of a Non- Recreational Contract Player Registration Form shall be binding on the player and club until the date on which the agreement between the club and the player terminates unless cancelled at an earlier date in accordance with Procedures Rule 2.10. Such registration shall remain effective and binding on the player and the club if a new agreement is concluded and is properly lodged with the Secretary in accordance with the Procedures not later than the date on which an existing agreement terminates. 2.3 Non-Recreational Player Registration Non-Contract Provided that it is during a registration period or special dispensation has been granted in accordance with Procedures Rule 1.4 a club in full or associate membership of the Association or in membership of an Affiliated Association or in membership of the Scottish Junior FA may register a professional player by means of a Non- Recreational Non-Contract Player Registration Form. Clubs in membership of the Scottish Premier and Scottish Football Leagues are not eligible to register a player upon this type of registration.
REGISTRATION PROCEDURES 223 2.3.1 Terms and Conditions A professional player registered upon this type of registration shall not be paid for his playing activities and therefore it shall be an offence to pay a player upon this type of registration a signing on fee, a weekly wage or any payment more than the expenses he effectively incurs in return for his footballing activity. A player who is registered for a club upon this type of registration may, one month prior to the end of the season, sign and be registered for that club for the ensuing season. The registration of a professional player with a club upon this type of registration will lapse automatically at the end of the season in which he signed the form and the player will be free to sign for the club of his choice thereafter unless he has signed for the ensuing season in terms of the foregoing paragraph. 2.4 Non-Recreational Player Registration Amateur An amateur player or any professional player who has been reinstated to amateur status by the Association may be registered by a club in full or associate membership of the Association or in membership of an Affiliated Association or in membership of the Scottish Junior FA upon this type of form. The application of registration periods, domestically, do not apply to this type of registration. 2.4.1 Terms and Conditions A professional player may not be registered as an amateur upon this type of registration unless he has been granted reinstatement from professional status to amateur status by the Association in accordance with the relevant Article within the Articles of Association. An amateur player signing this form shall not be paid more than the expenses he effectively incurs in return for his footballing activity. A player who is registered for a club upon this type of registration may, one month prior to the end of season sign and be registered for that club for the ensuing season. The registration of an amateur player with a club upon this type of registration will lapse automatically at the end of the season in which he signed the form and the player will be free to sign for the club of his choice thereafter unless he has signed for the ensuing season in terms of the foregoing paragraph. 2.5 Non-Recreational Player Registration Youth A player qualified by age as stipulated under Procedures Rule 2.5.1 may be registered upon this type of registration by a club in Full or Associate membership of the Association or in membership of an Affiliated Association or Scottish Junior FA subject to Scottish Junior FA rules and any agreement that may be in place between the Scottish Junior FA and Scottish Youth FA. The player s status must be stated upon the form. The application of registration periods, domestically, does not apply to this type of registration. 2.5.1 Terms and Conditions A player who has attained 10 years of age is eligible to sign and be registered with the Association upon this type of form.
224 REGISTRATION PROCEDURES The qualifying date for each age group is a player born on or after 1st January of the appropriate year up to and including age group 17. A player who is registered upon this type of form for a Performance Club in the SFA Youth Initiative match programme may only play for the club for which he is registered. A player who is registered upon this type of form for an Initiative Club in the SFA Youth Initiative match programme may play for the initiative club and his school team. A player in primary school education who is registered with the Association upon this type of form may play for the senior club and his school team. A player who is registered upon this type of form for a club in full or associate membership of the Association or in membership of an affiliated association which does not compete in the SFA Youth Initiative programme may play for his senior club providing he is eligible to do so, his school team and his Scottish Youth FA club where applicable. A club participating in the Highland Football League Youth Initiative may sign and register a player of a Scottish Youth FA club and such a player will be eligible to play for the Highland Football League Club and the Scottish Youth FA club subject to the terms and conditions of any existing agreement between the Highland Football League and Scottish Youth FA. A club competing in the SFA Youth Initiative programme is permitted to sign and register up to a maximum of twenty players in each age group at any one time. A club which does not compete in the SFA Youth Initiative programme may sign up to a maximum of twenty players in total. The registration of a player with a club upon this type of registration for age groups 10 through to 14 will lapse automatically at the end of the season in which the player signed the form and the player will be free to sign for the club of his choice thereafter. Registration at age group 15 allows a club should it wish and providing it has conformed with Procedures Rule 2.5.2 to bring the player s registration forward to age group 16 for the ensuing season on the existing registration form. Registration at age group 16 allows a club should it wish and providing it has conformed with Procedures Rule 2.5.2 to bring the player s registration forward for the ensuing and final season upon this form at age group 17 on the existing registration form. A player who is registered for a club upon this type of registration may, one month prior to the end of the season of expiry of his registration sign and be registered for that club for the ensuing season unless his current registration is at age group 17 in which case the registration will lapse at the end of that season unless cancelled at an earlier date under the terms of Procedures Rule 2.12. To be valid the registration of a player upon this type of form who has not yet attained 16 years of age at the date of signing must in all cases be signed by the player s parent/guardian in accordance with Procedures Rule 2.6.
REGISTRATION PROCEDURES 225 Should a player aged 10 or 11 registered upon this type of form have his registration cancelled at the request of the player s parent(s)/guardian(s) then such a player will not be eligible to sign another Non-Recreational Youth Player Registration Form for any club participating in the SFA Youth Initiative during the course of the remainder of the season of cancellation. A club shall not, either directly or indirectly, make any approach to or communicate with a player whom is registered upon a Non-Recreational Youth Player Registration Form for any club participating in the SFA Youth Initiative nor should a player who is registered upon a Non-Recreational Youth Player Registration Form for a club participating in the SFA Youth Initiative, either directly or indirectly, make any approach to another club. 2.5.2 End of Season Procedures Youth Registration Not later than 30th June in the playing season of signing at age group 14 and below the club shall by recorded delivery, advise the Association, the player, his parent(s)/guardian(s) and any other recognised football body where applicable, of any offer of a further period of registration made to the player. Not later than 30th June in the playing season of signing at age group 15 the club shall by recorded delivery, advise the Association, the player, his parent(s)/guardian(s) and any other recognised football body where applicable confirming whether a player s registration is to be continued for the following season. This procedure must also be carried out if a club intends to continue a player s registration from age group 16 to 17. Failure to advise the Association in writing will result in a player s registration lapsing. 2.6 Completion of Form General Application Before a player signs a Non-Recreational Player Registration Form, the club concerned shall ensure all of the details including the date of signing are accurate and have been properly inserted. The player s signature and that of the secretary or other accredited official of the club shall be witnessed by another party and in the case of a Youth registration for a player who has not attained the age of 16 at the date of signing then the signature of the player s parent(s) or guardian(s) is required. The player s status must be stated upon the form together with the type of registration clearly indicated in the appropriate tick box. All key fields must be completed. Failure to do so will result in the form being deemed to be invalid and the registration not being effected. 2.7 Validity of Form The form, to be valid, must comply with the provisions of the Procedures and must be lodged within 14 days after the date of signing in the case of a club in full or associate membership or in membership of an affiliated association. In the case of a club in membership of the Scottish Junior FA the form, to be valid, must be submitted within 3 days (Saturday and Sunday excluded) after the date of signing.
226 REGISTRATION PROCEDURES The club and the player concerned shall each be issued with written or electronic confirmation of registration from the Association acknowledging the validity of the Non Recreational Player Registration Form and the accompanying agreement where applicable. The club will have access to the player s passport history in accordance with FIFA regulations via the club extranet. A Non-Recreational Player Registration Form, which is lodged with the Secretary and which for any reason is found to be unacceptable shall be considered to be invalid and shall be retained by the Secretary. A player who fails to comply with or has not complied with policies as may be promulgated by the Board from time to time may not sign a registration form. 2.8 Eligibility to Play A player who is registered by means of a Non-Recreational Player Registration Form, may only play: i. for the club for which he is registered; ii. iii. iv. for any authorised club in a friendly match provided that he is otherwise eligible to do so and provided that the written authorisation of the club for which he is registered is lodged with the Secretary before such match; for a representative team selected and organised by a recognised football body having jurisdiction over all the professional players in the team; in any circumstances governed by agreement, in relation to a Non-Recreational Youth registration player, between the Highland Football League, East of Scotland League, South of Scotland League or Scottish Junior Football Association and any other Affiliated National Association provided that the terms of such agreement are not contrary to the Association s Articles and Registration Procedures and subject to the Association s permission having been received. A non-recreational youth player registered for a club outwith performance level may play for his school team as can a player in primary school education; v. a player after signing a Non-Recreational Registration Contract Form shall not play until such form has been properly completed and acknowledged, as valid by the Secretary; vi. vii. a player shall be deemed to be registered on the day upon which such form and any agreement if applicable has been received by the Association and is fully compliant with the Articles and Procedures of the Association. Acknowledgement of the registration will be via the Club Extranet when the player s name appears on the club s list of registered players; a player who is registered by means of a Non-Recreational Registration Player Form on a Contract, Non- Contract or Amateur basis for a junior club other than a player who is registered upon a temporary transfer basis may with the written permission of the junior club for which he is registered play for any club in full or associate membership of the Association or in membership of an affiliated association, provided that he is otherwise eligible to do so;
REGISTRATION PROCEDURES 227 viii. as otherwise provided in the Articles and/or these Procedures. 2.9 Fast Track Registration If required to register a player expediently, the necessary documents must be sent by facsimile or other acceptable electronic communication to the Association and be received and found to be in order pursuant to Procedures Rule 2.6 and 2.7 before the player shall be entitled, subject to appropriate league approval where applicable, to play for his new club. Registration forms received by facsimile or other electronic communication which fully comply with the Association s Articles and Procedures will be processed and the player registered. The original registration documents must be submitted to the Association within the timescales detailed in Procedures Rule 2.7. Failure to submit the original docucumentation within the correct timescales will result in the registration and registration forms being declared null and void and the club concerned shall be deemed to have infringed the Articles and be liable to a censure, fine or such sanction(s), penalty or penalties as the Association considers appropriate. 2.10 Cancellation of Non-Recreational Form Registration Contract and Non-Contract Types Registration upon a Non-Recreational Form Contract or Non-Contract may be cancelled: i. on written request to the Secretary signed by an accredited official of the club and the player; or ii. iii. by the authority of the Association; or as otherwise provided within these Procedures. The registration of a player on a contract basis, who moves to a club in membership of another National Association upon a loan basis, will be suspended and the registration/ contract held in abeyance for the duration of the loan period upon receipt of a written request for such to the Secretary signed by an accredited official of the club and the player. Effect will again be given to the player s registration/contract upon his return to his club here in Scotland and receipt of the necessary International Transfer Certificate. 2.11 Cancellation of Non-Recreational Form Registration Amateur Registration upon a Non-Recreational Form Amateur may be cancelled: i. on a written request to the Secretary duly signed by an accredited official of the club; or ii. iii. iv. by the Authority of the Association; or as otherwise provided within these Procedures; or by the player writing to the Secretary stating the name of the affiliated national association club, for which he wishes to play. A registered amateur player with a club in membership of the Scottish Junior FA cannot nominate another club in membership of that body. Confirmation of his eligibility to play for the club
228 REGISTRATION PROCEDURES concerned will be confirmed and thereafter his Non-Recreational Amateur form registration will be cancelled when a period of 28 days has elapsed from the date of his written application. When a registration is cancelled to allow a player to play for the club stated in his application he may not play or be registered for any other club during the same playing season. 2.12 Cancellation of Non-Recreational Form Registration Youth Registration upon a Non-Recreational Form Youth may be cancelled: i. on a written request to the Secretary duly signed by an accredited official of the club; or ii. iii. by the authority of the Association; or as otherwise provided within these Procedures. 2.13 Cancellation to enable a player registered upon a contract basis to play football outwith Scotland whilst club still retains registration. (Not on a loan basis) When a club and a player give notice that the player s registration upon a Contract Registration Player Form is to be cancelled to enable him to play outwith Scotland then they may complete and sign a fresh Contract Registration Player Form and lodge it with the Secretary at the same time as the notice of cancellation. Effect will only be given to the registration in accordance with Procedures Rule 2.7 upon the player seeking to play again in Scotland and upon the submission of a relative agreement between the player and the club completed in terms of Procedures Rule 4. 3 Transfer Form To be used by clubs in Full and Associate membership of the Association, clubs in membership of Affiliated Associations and Scottish Junior FA clubs. A player registered with the Association for a club in full and associate membership of the Association or in membership of an affiliated association or in membership of the Scottish Junior FA may have his registration transferred with the consent of all three parties (player, transferee club and signing club) to another such club for registration by means of a Non- Recreational Player Form. The transfer of a player by means of this form may be on a permanent, temporary or emergency basis. If a professional player is transferred during the course of his agreement with his previous club then 5% of any transfer fee paid to his previous club will be distributed to the club(s) involved in the training and education of the player. This distribution will be made, in accordance with FIFA Regulations, in proportion to the number of years the player has been registered with the relevant club(s) between the ages of 12 and 23. The distribution will be apportioned amongst the clubs concerned according to the age of the player at the time they provided him with training and education. Payment must be made by his new club within 30 days of the player s new registration.
REGISTRATION PROCEDURES 229 3.1 Permanent Transfer Provided that it is during a Registration Period or special dispensation has been granted in accordance with Rule 4 a player who is registered by means of a Non-Recreational Form for a club in full or associate membership of the Association or in membership of an Affiliated Association or the Scottish Junior Football Association, may have his registration transferred immediately to another club by that club, being the club to which his registration is to be transferred, lodging with the Secretary a Transfer Form and the relative agreement between the player and that club together with the completed Non- Recreational Player Registration Form. The Non-Recreational Player Registration Form and agreement, where applicable, must be completed in accordance with the Procedures and the transfer form signed by the player and on behalf of each club concerned by its secretary or other accredited official. The player s current registration will be cancelled on, and his registration for the club to which his registration is to be transferred effected from, the date on which such documents are received and acknowledged as valid by the Secretary. The clubs and the player concerned shall each be issued with written or electronic confirmation of the transfer of registration from the Association, acknowledging the validity of the Non-Recreational player registration form, the accompanying agreement, where applicable, and transfer form. 3.2 Temporary Transfer Provided that it is during a registration period or special dispensation has been granted in accordance with Rule 1.4 a player, who is registered by means of a Non-Recreational Form for a club in full or associate membership of the Association or in membership of an Affiliated Association or the Scottish Junior FA may have his registration transferred temporarily to another club. The club to which a player s registration is to be transferred temporarily shall lodge with the Secretary a completed Transfer Form indicating temporary transfer signed by the player and on behalf of each club concerned by its secretary or other accredited official. The terms and conditions under which a player s registration is to be temporarily transferred shall be clearly stated therein. The temporary transfer of the player s registration will be effected from the date on which such form is received and acknowledged as valid by the Secretary. The clubs and the player concerned shall each be issued with written or electronic confirmation of the temporary transfer of registration from the Association, acknowledging the validity of the temporary transfer form. The temporary transfer of a player s registration once effected, shall continue in force until the expiry date of the period of the temporary transfer, unless the terms and conditions of the temporary transfer of registration contain provision for the early termination of the temporary transfer. Such termination shall be notified to the Secretary in writing, signed by the player and by the secretary or other accredited official of each club concerned. Provided that it is during a registration period or special dispensation has been granted in accordance with Rule 1.4, on the termination of a temporary transfer of registration, the player s registration shall immediately revert to the club from which his registration was temporarily transferred subject to the rules of any other recognized football body where applicable.
230 REGISTRATION PROCEDURES In the event that the early termination of the temporary transfer occurs outside a registration period, if applicable, then dispensation to re-register must be sought by the player s club in accordance with Procedure Rule 1.4. N.B. - In the case of a temporary transfer of a player from a club in full or associate membership of the Association or in membership of an affiliated association to a club in membership of the Scottish Junior FA or vice versa then such a player, with the written permission of the club to which the player has gone on temporary transfer too, may also play for the club which has temporarily transferred the player providing that he is otherwise eligible to do so. 4 Agreement Between Club and Player A club must enter into a written agreement with each player whom it has registered upon a Non-Recreational Player Registration Form - Contract. Such agreement in the case of a player who is under 18 years of age at the date of signing shall not be for a period exceeding 3 years and any clause referring to a longer duration within the relative agreement between the player and the club shall not be recognised and the player s registration only effected for a period of not more than 3 years. In the case of a player who has attained 18 years of age at the date of signing then such agreement may be for a period of time not less than 28 days and not more than 5 years. Any clause referring to a longer duration within the relative agreement between the club and a player who has attained 18 years of age at the date of signing shall only be permitted if consistent with national laws. Such agreement shall be signed by the player and by the secretary or an accredited official of the club concerned and shall be witnessed by 2 other parties and lodged with the Secretary together with the Form. A duplicate, also signed by all parties, shall be given to the player. All payments to be made to a player relating to his playing activities must be clearly recorded upon the relevant contract and/or agreement. No payments for his playing activities may be made to a player via a third party. If the services of a Players Agent have been used in contractual negotiations then the Players Agent s name and signature shall, without fail, appear upon the relevant agreement. Similarly, if the services of a Players Agent have not been used then this must be expressly stated upon the relevant agreement. 4.1 Notice of Termination of Agreement and Player s Right of Appeal When an agreement between a club and a player who has signed a Non-Recreational Player Registration Form, Contract, is the subject of notice of termination by the club, the registration of the player with the Association shall be cancelled by the Association upon being advised of such termination unless a written personal appeal from the player against such termination is received by the Association within 7 days of receipt of recorded delivery notice by the player from his club of termination of the agreement.
REGISTRATION PROCEDURES 231 Such appeal, in accordance with Article 133, must be dispatched by recorded delivery accompanied by an appeal deposit fee of 75 which may be forfeited and the party against whom the decision is given may at the discretion of the Appeals Committee of the Association dealing with such matter be held liable in all expenses thereby incurred. In the event of such player not intimating a written personal appeal in writing against termination of his engagement within the period prescribed in Procedures Rule 4.1, the agreement between the parties shall be held to have terminated on the date upon which the player s registration with the Association is cancelled, and the player and the club shall be held to have renounced and discharged all claims, rights or remedies, competent to either of them. 4.2 Disputes relating to the Agreement In the event of any question, dispute or difference arising under such agreement including claims for wages or damages either during the currency or after the termination thereof, no proceedings shall be competent thereon or in connection therewith in any Court of Law until the appeals and arbitration procedures of the Association contained in Articles 133 and 134 shall have been exhausted. Intimation of such question, dispute or difference may be made by the player to the Appeals Committee of the Association who shall adjudicate and whose decision shall be final. Such intimation must be made in writing by recorded delivery letter by the player personally during the currency of the agreement or within 3 months of its termination and shall be accompanied by a fee of 75 which may be forfeited and, in addition, the party against whom any decision is given may at the discretion of the Appeals Committee be held liable in all expenses thereby incurred. This section does not apply to any question arising from termination of the player s registration provided for in Procedures Rule 4.1. Appeals or claims from players registered on Non-Recreational Player Registration Forms Non-Contract or Amateur by junior clubs shall be dealt with by the Scottish Junior Football Association subject to a further appeal to the Appeals Committee of the Association in accordance with the terms of Article 66. All other claims from players attached to junior clubs shall be dealt with by the Association. 4.3 Suspension of Player A player who is registered for a club in full or associate membership by means of a Non- Recreational Contract Player Registration Form shall, during the period of any suspension imposed upon him for any reason other than breach of contract, be paid the basic minimum wage to which he is entitled during the sports season under the terms of his contract. 4.4 Suspension of Game In event of the Board deciding that the game shall be suspended, as provided for in Article 56(5), agreements between clubs and players shall be correspondingly suspended unless in the case of any club or clubs being exempted from such stoppage. The whole of Procedures Rule 4 must be embodied in all written agreements between clubs and players and except in the case of agreements between clubs in membership of the Scottish Football League or the Scottish Premier League and their players, and except as provided in the Procedures no further agreement of any description shall be entered into between clubs and players.
232 REGISTRATION PROCEDURES Procedures Rules 4.1 to 4.3 shall not apply in the case of agreements between clubs in membership of the Scottish Football League or the Scottish Premier League and their players. 5 BREACH OF CONTRACT A player, who leaves a club in violation of his agreement with that club may be suspended, subject to investigation by the Association, on his being reported to the Association by the club concerned and may be liable to sports sanctions and the payment of any compensation claims in accordance with FIFA Regulations. A club which induces a player to break his agreement with another club or breaks its agreement with a player may be liable, subject to investigation by the Association, to sports sanctions and the payment of any compensation claims in accordance with FIFA Regulations. 6 APPROACH TO PLAYER A club, or an agent on behalf of a club, may only approach a registered player of another club providing it/he/she has firstly advised, in writing, the player s current club of its/their intention to do so and providing the player has only six months or less of his current agreement remaining. This Rule does not apply to youth players. (see - Registration Procedure 2.5.1 re prohibition on approach to youth player). 7 Entitlement to Compensation 7.1 Professional Player Upon expiry of his agreement a professional player shall be free to conclude a new agreement with any club, which wishes to engage his services providing this is during one of the open Registration Window Periods or special dispensation has been granted in accordance with Procedures Rule 1.4. Following upon expiry of such agreement any rights to a compensation fee by his previous club shall lapse at the end of the Season in which the player reaches the age of 23. A club, which has offered terms of re-engagement to a professional player to whom the above provision applies and who subsequently has decided to conclude an agreement with another club, shall be entitled to compensation from the other club subject to the following provisions: i. In the case of a player who was previously registered with the Association for his former club by means of a Non-Recreational Player Form, Contract; then The former club, not later than the date of expiry of the agreement, or in the case of a club in membership of the Scottish Football League or the Scottish Premier League in accordance with the rules of the Scottish Football League or the Scottish Premier League, as appropriate, relating to entitlement to compensation procedures, has notified the player by recorded delivery letter of the terms of re-engagement which are to remain available to the player to accept or decline within a period of 21 days thereafter. A copy of the terms of re-engagement, which in the opinion of the Board shall be not less favorable than the terms of the player s previous agreement, must also be lodged by recorded delivery with the Secretary, at the same time as the notification of terms to the player.
REGISTRATION PROCEDURES 233 Notwithstanding the foregoing provisions, when both of the clubs involved in a player s move from one club to another are in membership of the Scottish Football League or when both of the clubs involved in a player s move from one club to another are in membership of the Scottish Premier League, or if one club is in membership of the Scottish Football League or the Scottish Premier League and the other club is in membership of the Scottish Junior Football Association, the existing rules of the Scottish Football League or of the Scottish Premier League and the existing agreement between the Scottish Football League and the Scottish Junior Football Association, or any agreement between the Scottish Premier League and the Scottish Junior Football Association respectively, for as long as they remain in force, will at the same time require to be observed by those clubs and will be applicable when establishing the former club s entitlement to compensation. In cases when such rules do not allow compensation to be determined, and it is established by the Association that there is an entitlement to compensation in accordance with its rules, then, upon receiving a written request from a club, the Association shall have the right to determine compensation which shall be binding on the clubs involved ; and iii. iv. The player is registered with the Association for his new club by means of a Non- Recreational Player Form, Contract or a Non-Recreational Player Form, Non- Contract. Any entitlement to a compensation fee by the player s previous club shall lapse at the end of the Season in which the player reaches the age of 23. 5% of the compensation fee will be distributed to the club(s) involved in the training and education of the player. This distribution will be made in proportion to the number of years the player has been registered with the relevant clubs between the ages of 12 and 23. This distribution will be apportioned amongst the clubs concerned according to the age of the player at the time they provided him with training and education. Payment must be made by the transferee club within 30 days of the player s new registration or within 30 days of a Tribunal having set the compensation fee. If a club should register a player to whom the aforesaid provisions apply excepting Procedures Rule 7.1 (iii) and (iv) on any other registration form of the Association it shall be held liable, subject to investigation by the Association, to pay compensation to the player s former club if the player should subsequently be registered for any other club, by means of a Non-Recreational Player Form, Contract or a Non-Recreational Player Form, Non-Contract in accordance with FIFA and SFA procedures. A club which has registered a player in similar circumstances shall be held liable, subject to investigation by the Association, to pay compensation to the player s former club if the player subsequently concludes an agreement for a club in membership of another National Association, allowing that in terms of FIFA Regulations and rules existing at the time of the date of expiry of his agreement with his former club, the player s former club would have been entitled to compensation from the club with which the player has concluded an agreement.
234 REGISTRATION PROCEDURES The following procedures will require to be observed by the clubs concerned in determining an entitlement to compensation: v. The club for which the player has been registered by means of a Non-Recreational player registration form, Contract or a Non-Recreational Player Form, Non- Contract shall be responsible for contacting the player s former club in writing by Recorded Delivery letter within 7 days of the date of signing of the form to open discussions regarding compensation. vi. vii. Both clubs shall be responsible for reaching agreement on the matter of compensation within 21 days of the date of the player s signing of a Non- Recreational Player Form, Contract or a Non-Recreational Player. Form, Non Contract. The agreement so reached is to be committed to writing and be duly signed by both clubs. In the event that agreement is not reached within the 21 day period stated, the former club may request in writing by Recorded Delivery letter to the Secretary within a further period of 7 days thereafter that a tribunal ( the Tribunal ) appointed by the Board be convened to resolve the matter. Any entitlement to a compensation fee obtained in terms of the foregoing paragraphs shall lapse, at the end of the Season in which the player reaches the age of 23. The Tribunal shall have full power to regulate its own procedure and to award costs, and its decision on matters coming before it shall be final and binding. 7.2 Youth Player Upon expiry of his Non-Recreational Player Registration Form, Youth such a player shall be free to conclude a new agreement, professional or amateur depending on status, with any club, which wishes to engage his services. If the former youth player signs professional forms then he may be registered during one of the open Registration Window Periods or if special dispensation has been granted in accordance with Procedures Rule 1.4 A club, which has offered terms to a Non-Recreational Player Youth who has subsequently decided to conclude a Non-Recreational or Player Registration Form, Contract or Non- Contract with another club, shall be entitled to compensation from the other club subject to the following provisions: i. In the case of a player who was previously registered with the Association for his former club by means of a Non-Recreational Registration Player Form. Youth; then ii. The former club, not later than the date of expiry of the youth registration has notified the player by recorded delivery letter of the terms of re-engagement which are to remain available to the player to accept or decline within a period of 21 days thereafter. A copy of the terms of re-engagement must also be lodged by recorded delivery with the Secretary, at the same time as the notification of terms to the player. A copy of the offer of terms must also be sent at the same time to the Scottish Football League or Scottish Premier League where applicable.
REGISTRATION PROCEDURES 235 iii. iv. The player is registered with the Association for his new club by means of a Non- Recreational Registration, Contract or a Non-Recreational Registration, Non- Contract. Any entitlement to a compensation fee by the player s previous club shall lapse at the end of the Season in which the player reaches the age of 23. 5% of the compensation fee will be distributed to the club(s) involved in the training and education of the player. This distribution will be made in proportion to the number of years the player has been registered with the relevant clubs between the ages of 12 and 23. This distribution will be apportioned amongst the clubs concerned according to the age of the player at the time they provided him with training and education. Payment must be made by the transferee club within 30 days of the player s new registration or within 30 days of a Tribunal having set the compensation fee. If a club should register a player to whom the aforesaid provisions apply excepting Procedures Rule 7.2 (iii) and (iv) on any other registration form of the Association it shall be held liable, subject to investigation by the Association, to pay compensation to the player s former club if the player should subsequently be registered for any other club, by means of a Non-Recreational Player Form, Contract or a Non-Recreational Player Form, Non-Contract in accordance with FIFA and SFA procedures. A club which has registered a player in similar circumstances shall be held liable, subject to investigation by the Association, to pay compensation to the player s former club if the player subsequently concludes an agreement for a club in membership of another National Association, allowing that in terms of FIFA Regulations and rules existing at the time of the date of expiry of his agreement with his former club, the player s former club would have been entitled to compensation from the club with which the player has concluded an agreement. The following procedures will require to be observed by the clubs concerned in determining an entitlement to compensation: v. The club for which the player has been registered by means of a Non-Recreational player registration form, Contract or a Non-Recreational Player Form, Non- Contract shall be responsible for contacting the player s former club in writing by Recorded Delivery letter within 7 days of the date of signing of the form to open discussions regarding compensation. vi. vii. Both clubs shall be responsible for reaching agreement on the matter of compensation within 21 days of the date of the player s signing of a Non- Recreational Player Form, Contract or a Non-Recreational Player Form, Non- Contract. The agreement so reached is to be committed to writing and be duly signed by both clubs. In the event that agreement is not reached within the 21 day period stated, the former club may request in writing by Recorded Delivery letter to the Secretary within a further period of 7 days thereafter that a tribunal ( the Tribunal ) appointed by the Board be convened to resolve the matter.
236 REGISTRATION PROCEDURES Any entitlement to a compensation fee obtained in terms of the foregoing paragraphs shall lapse at the end of the Season in which the player reaches the age of 23. The Tribunal shall have full power to regulate its own procedure and to award costs, and its decision on matters coming before it shall be final and binding. 8 SIGNING OF RECREATIONAL FORM PLAYER A club in full or associate membership of the Association or in membership of an Affiliated Association or in membership of the Scottish Junior FA may sign and register a player, previously registered upon a Recreational Registration form, by intimating by recorded delivery 7 days notice of such proposed registration to the Secretary, Secretary of the Scottish Amateur FA, Scottish Welfare FA Scottish Youth FA, and the Secretary of the player s recreational club. Upon receipt of above notice an Affiliated National Association club must without fail advise its relevant registration authority of the cancellation thus rendering the player free to sign and be registered for his new club thereafter. It shall be deemed to be a breach of these Procedures and a club may be liable to sanctions should a club approach and/or sign a Recreational Form player prior to carrying out the above procedure. Furthermore, clubs must also approach and obtain the consent of the youth player s parent(s)/guardian(s) prior to speaking to the player 9 COMPENSATION Compensation will be due to the Recreational Form club if a player currently registered for that club signs a contract or non-contract registration for a club in full or associate membership of the Association or in membership of an Affiliated Association to the sum of: Contract - 200 Non-Contract - 120 Amateur - Nil Youth - Nil Compensation will also be due to the Recreational Form club if a club in membership of the Scottish Junior FA signs a player of amateur status currently registered with the Association for an affiliated national association club(s) upon a contract registration in accordance with any existing agreement(s) between the Scottish Junior FA and the Scottish Amateur FA, Scottish Welfare FA, Scottish Youth FA. Any entitlement to compensation under this rule shall lapse at the end of the season of the player s 23rd birthday. Should a player who had been registered upon a Non - Recreational Player Amateur or Youth Registration Form for a senior club subsequently sign a contract or non-contract registration for that club then compensation will be due to his former Recreational Registration Club as above.
REGISTRATION PROCEDURES 237 10 Training Fund Contribution When a senior club signs a recreational form player upon a Non-Recreational Player Form, Youth a fee of 10 must be sent by the senior club to the Secretary of the relevant affiliated national association. Failure to adhere to this procedure will result in the matter being referred to the General Purposes Committee for investigation and possible sanction. This fund is to be redistributed by the affiliated national association to its member clubs in recognition of its member clubs contribution towards the training and development of youth players. 11 REIMBURSEMENT OF COSTS OF TRAINING & DEVELOPMENT YOUTH PLAYER When a player who had been registered for a club in full or associate membership of the Association or in membership of an Affiliated Association by means of a Non-Recreational Player Youth Registration Form signs such a form again, subject to his former club for which he had been registered upon a Non-Recreational Player Registration Form, Youth having made an offer of a further period of registration to the player prior to the expiry of that registration, then his former club shall be entitled to reimbursement of the costs of the player s equipment, insurance and training costs. The amount due to a club will be based on the Association s formula for reimbursement of costs of training as approved by the Board from time to time. Reimbursement of training costs for the move of a player in the aforementioned circumstances can only be paid once via either the Association or relevant league based upon the Association s formula for costs of training as approved by the Board from time to time. 12 RECREATIONAL FOOTBALL 12.1 Recreational Form A club in membership of the Scottish Amateur FA, Scottish Welfare FA, Scottish Women s FA, Scottish Youth FA, may sign and register a player upon a Recreational Form. 12.2 Terms and Conditions A player signing a Recreational Form shall be subject to the Articles and the Procedures of the Association and the rules and regulations of the affiliated national associations listed in Procedures Rule 12.1 in so far as they are applicable. A player signing this form shall not be paid by the club or any third party any remuneration for his playing activities more than the expenses he effectively incurs in return for his footballing activity. The registration of a player with a club upon this type of registration will lapse automatically at the end of the season (30th June each year) in which he signed the form and the player will be free to sign for the club of his choice thereafter. The Scottish Welfare FA and Scottish Amateur FA summer season will run from 1st April to 30th September each year.
238 REGISTRATION PROCEDURES A player who is registered for a club (Winter Season) by means of a Recreational Player Registration Form may, from 1st May each season sign and be registered for that club for the ensuing season. A player who is registered for a club (Winter Season) by means of a Recreational Player Registration Form may, from 15th May each season sign and be registered for another club for the ensuing season, provided he is otherwise eligible to do so. A player who is suspended or fails to comply or has not complied with policies as may be promulgated by the Board from time to time may not sign a Recreational Form. A player may be registered on this type of form for more than one club providing that to do so is in accordance with the rules and regulations of the relevant affiliated national association where applicable and these Procedures. 12.3 Eligibility to Play A player who is registered upon a Recreational Form may only play for the club(s) for which he is registered provided that to do so is not contrary to these Procedures and the rules and regulations of the Scottish Amateur FA, Scottish Welfare FA, Scottish Women s FA, Scottish Youth FA and Scottish Schools FA where applicable. Such a player may also play for: A representative team selected and organised by a recognised football body having jurisdiction over all the players in the team; In any circumstances governed by any agreement between the Scottish Junior Football Association and any of the above-named Affiliated National Associations provided that the player is not currently registered by means of a Non- Recreational Player Registration Form Youth for a club in full or associate membership of the Association or in membership of an affiliated association; For a club in full or associate membership of the Association or in membership of an Affiliated Association in any match in which he is eligible to play provided that the written permission of his club is obtained prior to each match, unless he is currently registered by means of Non-Recreational Player Registration Form, Youth or Amateur for a club in full or associate membership of the Association or in membership of an affiliated association in which case he may only play for the club that he is registered with upon a Non- Recreational Registration Form, Amateur or Youth. 12.4 Registration of Current Recreational Form Player A club in full or associate membership of the Association or a club in membership of an affiliated association or in membership of the Scottish Junior FA, which desires to register upon a Non Recreational Player Registration Form, a player who is registered for a club(s) upon a Recreational Form may do so without seeking permission. 7 days notice of such proposed registration must be given by recorded delivery letter to the Recreational Form club concerned, the Secretary and to the Secretary of the Scottish Youth FA or relevant affiliated national association. If the player concerned is under 16 years of age then a club must not contact the player directly. All contact must be made via the player s parent(s)/ guardian(s).
REGISTRATION PROCEDURES 239 Upon receipt of above notice an affiliated national association club must without fail advise its relevant registration authority of the cancellation thus rendering the player free to sign and be registered for his new club thereafter. It shall be deemed a breach of these Procedures and a club may be liable to sanctions should a club approach a Recreational Form prior to carrying out the above procedure. If a Recreational Form Player is signed upon a Non-Recreational Player Registration Form, Youth or Amateur then no compensation is due to his former Recreational Form Player club. In the case of a senior club signing a registered recreational form player upon a Non- Recreational Player Form, Youth then a training fund contribution of 10 shall be payable to the Secretary of the relevant affiliated national association. Failure to adhere to this procedure will result in the matter being referred to the General Purposes Committee for investigation and possible sanction. Should a Recreational Form Player be signed by a club in full or associate membership of the Association or a club in membership of an affiliated association upon a Non- Recreational Player Registration Form, Contract or a Non-Recreational Player Registration, Non-Contract or the Amateur/Youth Registration is amended to Contract/ Non Contract then that club must compensate the Recreational Form club the following sums: Contract - 200 Non-Contract - 120 The above sums must be paid by the senior club to the player s nonrecreational club within 30 days of the date of signing for the senior club. A junior club may approach and sign a player who is registered by means of a Recreational Form for a club in membership of the Scottish Amateur FA, Scottish Welfare FA and Scottish Youth Football Association provided that to do so is in accordance with the terms of any agreement that may exist between the Scottish Junior Football Association and the aforementioned affiliated national associations. 12.5 End of Season Procedures A Recreational Form player may: sign and be registered for his current club for the ensuing season between 1st May and 30th June each year; or after 15th May sign and be registered for any affiliated national association club for the ensuing season. A Recreational Form player will be free from 1st July each year to sign for the club of his choice providing he has not signed for the ensuing season in the above mentioned terms. The whole of 12.5 does not apply to Scottish Welfare summer season.
240 REGISTRATION PROCEDURES 12.6 Cancellation of Recreational Player Form Registration Registration by means of a Recreational Form Player may be cancelled: i. on a written request by the club concerned to the secretary of the relevant affiliated national association, if required, which in turn, shall request that the Association cancel the registration; or ii. iii. by the Authority of the Association; or by the player writing to the Secretary stating the name of the affiliated national association club for which he wishes to play. Confirmation of his eligibility to play for the club concerned will be confirmed and thereafter his Recreational Player Form registration will be cancelled when a period of 28 days has elapsed from the date of application.
REGISTRATION PROCEDURES 241 Fifa Regulations on the Status and Transfer of Players I II III IV V VI VII VIII INTRODUCTORY PROVISION 1 Scope STATUS OF PLAYERS 2 Status of players: amateur and professional players 3 Reacquisition of amateur status 4 Termination of activity REGISTRATION OF PLAYERS 5 Registration 6 Registration periods 7 Player passport 8 Application for registration 9 International Transfer Certificate 10 Loan of professionals 11 Unregistered players 12 Enforcement of disciplinary suspensions MAINTENANCE OF CONTRACTUAL STABILITY BETWEEN PROFESSIONALS AND CLUBS 13 Respect of contract 14 Terminating a contract with just cause 15 Terminating a contract with sporting just cause 16 Restriction on terminating a contract during the season 17 Consequences of terminating a contract without just cause 18 Special provisions relating to contracts between professionals and clubs THIRD-PARTY INFLUENCE 18bis Third-party influence on clubs INTERNATIONAL TRANSFERS INVOLVING MINORS 19 Protection of minors 19bis Registration and reporting of minors at academies TRAINING COMPENSATION AND SOLIDARITY MECHANISM 20 Training Compensation 21 Solidarity Mechanism JURISDICTION 22 Competence of FIFA 23 Players Status Committee 24 Dispute Resolution Chamber (DRC) 25 Procedural guidelines IX FINAL PROVISIONS 26 Transitional measures 27 Matters not provided for 28 Official languages 29 Annulment, enforcement Annexe 1: Release of players to association teams Annexe 2: Eligibility to play for association teams of players whosenationality entitles them to represent more than one association Annexe 3: Administrative procedure governing the transfer of players between associations
242 REGISTRATION PROCEDURES Annexe 4: Training compensation Annexe 5: Solidarity mechanism Based on article 5 of the FIFA Statutes of 19 October 2003, the Executive Committee has issued the following regulations and annexes, which form an integral part of the basic text. DEFINITIONS For the purpose of these regulations, the terms set out below are defined as follows: 1 Former association: the association to which the former club is affiliated. 2 Former club: the club that the player is leaving. 3 New association: the association to which the new club is affiliated. 4 New club: the club that the player is joining. 5 Official matches: matches played within the framework of organised football, such as national league championships, national cups and international championships for clubs, but not including friendly and trial matches. 6 Organised football: association football organised under the auspices of FIFA, the confederations and the associations, or authorised by them. 7 Protected period: a period of three entire seasons or three years, whichever comes first, following the entry into force of a contract, where such contract is concluded prior to the 28th birthday of the professional, or two entire seasons or two years, whichever comes first, following the entry into force of a contract, where such contract is concluded after the 28th birthday of the professional. 8 Registration period: a period fi xed by the relevant association in accordance with article 6. 9 Season: the period starting with the first official match of the relevant national league championship and ending with the last offi cial match of the relevant national league championship. 10 Training compensation: the payments made in accordance with Annexe 4 to cover the development of young players. 11 Minor: a player who has not yet reached the age of 18. 12 Academy: an organisation or an independent legal entity whose primary, long-term objective is to provide players with long-term training through the provision of the necessary training facilities and infrastructure. This shall primarily include, but not be limited to, football training centres, football camps, football schools, etc. Reference is also made to the Definitions section in the FIFA Statutes. NB: Terms referring to natural persons are applicable to both genders. Any term in the singular applies to the plural and vice-versa. I INTRODUCTORY PROVISION Article 1 Scope 1 These regulations lay down global and binding rules concerning the status of players, their eligibility to participate in organised football, and their transfer between clubs belonging to different associations.
REGISTRATION PROCEDURES 243 2 The transfer of players between clubs belonging to the same association is governed by specifi c regulations issued by the association concerned in accordance with article 1 paragraph 3 below, which must be approved by FIFA. Such regulations shall lay down rules for the settlement of disputes between clubs and players, in accordance with the principles stipulated in these regulations. Such regulations should also provide for a system to reward clubs investing in the training and education of young players. 3. a) The following provisions are binding at national level and must be included without modifi cation in the association s regulations: articles 2-8, 10, 11, 18, 18bis, 19 and 19bis. b) Each association shall include in its regulations appropriate means to protect contractual stability, paying due respect to mandatory national law and collective bargaining agreements. In particular, the following principles must be considered: Art 13: Art 14: Art 16: Art 17: Art 17: the principle that contracts must be respected; the principle that contracts may be terminated by either party without consequences where there is just cause; article 15: the principle that contracts may be terminated by professionals with sporting just cause; the principle that contracts cannot be terminated during the course of the season; paragraphs 1 and 2: the principle that in the event of termination of contract without just cause, compensation shall be payable and that such compensation may be stipulated in the contract; paragraphs 3-5: the principle that in the event of termination of contract without just cause, sporting sanctions shall be imposed on the party in breach. 4 These regulations also govern the release of players to association teams and players eligibility to play for such teams in accordance with the provisions of Annexes 1 and 2 respectively. These provisions are binding for all associations and clubs. II Status of players Article 2 Status of Players : Amateur and Professional Players 1 Players participating in organised football are either amateurs or professionals. 2 A professional is a player who has a written contract with a club and is paid more for his footballing activity than the expenses he effectively incurs. All other players are considered to be amateurs. Article 3 Reacquisition of Amateur Status 1 A player registered as a professional may not re-register as an amateur until at least 30 days after his last match as a professional. 2 No compensation is payable upon reacquisition of amateur status. If a player re-registers as a professional within 30 months of being reinstated as an amateur, his new club shall pay training compensation in accordance with article 20. Article 4 Termination of Activity 1 Professionals who end their careers upon expiry of their contracts and amateurs who terminate their activity shall remain registered at the association of their last club for a period of 30 months. 2 This period begins on the day the player made his last appearance for the club in an official match
244 REGISTRATION PROCEDURES Article 5 Registration 1 A player must be registered at an association to play for a club as either a professional or an amateur in accordance with the provisions of article 2. Only registered players are eligible to participate in organised football. By the act of registering, a player agrees to abide by the statutes and regulations of FIFA, the confederations and the associations. 2 A player may only be registered with one club at a time. 3 Players may be registered with a maximum of three clubs during one season. During this period, the player is only eligible to play official matches for two clubs. As an exception to this rule, a player moving between two clubs belonging to associations with overlapping seasons (i.e. start of the season in summer/autumn as opposed to winter/spring) may be eligible to play in official matches for a third club during the relevant season, provided he has fully complied with his contractual obligations towards his previous clubs. Equally, the provisions relating to the registration periods (article 6) as well as to the minimum length of a contract (article 18 paragraph 2) must be respected. 4 Under all circumstances, due consideration must be given to the sporting integrity of the competition. In particular, a player may not play offi cial matches or more than two clubs competing in the same national championship or cup during the same season, subject to stricter individual competition regulations of member associations. Article 6 Registration Periods 1 Players may only be registered during one of the two annual registration periods fixed by the relevant association. As an exception to this rule, a professional whose contract has expired prior to the end of a registration period may be registered outside that registration period. Associations are authorised to register such professionals provided due consideration is given to the sporting integrity of the relevant competition. Where a contract has been terminated with just cause, FIFA may take provisional measures in order to avoid abuse, subject to article 22. 2 The first registration period shall begin after the completion of the season and shall normally end before the new season starts. This period may not exceed twelve weeks. The second registration period shall normally occur in the middle of the season and may not exceed four weeks. The two registration periods for the season shall be communicated to FIFA at least 12 months before they come into force. FIFA shall determine the dates for any association that fails to communicate them on time. 3 Players may only be registered subject to the exception provided for in article 6 paragraph 1 upon submission of a valid application from the club to the relevant association during a registration period. 4 The provisions concerning registration periods do not apply to competitions in which only amateurs participate. The relevant association shall specify the periods when players may be registered for such competitions provided that due consideration is given to sporting integrity of the relevant competition. Article 7 Player Passport The registering association is obliged to provide the club with which the player is registered with a player passport containing the relevant details of the player. The player passport shall indicate the club(s) with which the player has been registered since the season of his 12th birthday. If a birthday falls between seasons, the player passport shall indicate the club with which he was registered during the season following his birthday.
REGISTRATION PROCEDURES 245 Article 8 Application for Registration The application for registration of a professional must be submitted together with a copy of the player s contract. The relevant decision-making body has discretion to take account of any contractual amendments or additional agreements that have not been duly submitted to it. Article 9 International Transfer Certificate 1 Players registered at one association may only be registered at a new association once the latter has received an International Transfer Certificate (hereinafter: ITC) from the former association. The ITC shall be issued free of charge without any conditions or time limit. Any provisions to the contrary shall be null and void. The association issuing the ITC shall lodge a copy with FIFA. The administrative procedures for issuing the ITC are contained in Annexe 3 of these regulations. 2 An ITC is not required for a player under the age of 12 years. Article 10 Loan of Professionals 1 A professional may be loaned to another club on the basis of a written agreement between him and the clubs concerned. Any such loan is subject to the same rules as apply to the transfer of players, including the provisions on training compensation and the solidarity mechanism. 2 Subject to article 5 paragraph 3, the minimum loan period shall be the time between two registration periods. 3 The club that has accepted a player on a loan basis is not entitled to transfer him to a third club without the written authorisation of the club that released the player on loan and the player concerned. Article 11 Unregistered Players Any player not registered at an association who appears for a club in any official match shall be considered to have played illegitimately. Without prejudice to any measure required to rectify the sporting consequences of such an appearance, sanctions may also be imposed on the player and/or the club. The right to impose such sanctions lies in principle with the association or the organiser of the competition concerned. Article 12 Enforcement of Disciplinary Suspensions Any disciplinary suspension imposed on a player prior to a transfer must be enforced or applied by the new association at which the player is registered. The former association is obliged to notify the new association of any sanction in writing and upon issuing the ITC. IV MAINTENANCE OF CONTRACTUAL STABILITY BETWEEN PROFESIONALS AND CLUBS Article 13 Respect of Contract A contract between a professional and a club may only be terminated upon expiry of the term of the contract or by mutual agreement. Article 14 Terminating a Contract with just Cause A contract may be terminated by either party without consequences of any kind (either payment of compensation or imposition of sporting sanctions) where there is just cause.
246 REGISTRATION PROCEDURES Article 15 Terminating a Contract with Sporting just Cause An established professional who has, in the course of the season, appeared in fewer than ten per cent of the offi cial matches in which his club has been involved may terminate his contract prematurely on the ground of sporting just cause. Due consideration shall be given to the player s circumstances in the appraisal of such cases. The existence of a sporting just cause shall be established on a case-by-case basis. In such a case, sporting sanctions shall not be imposed, though compensation may be payable. A professional may only terminate his contract on this basis in the 15 days following the last official match of the season of the club with which he is registered. Article 16 Restriction on Terminating a Contract during the Season A contract cannot be unilaterally terminated during the course of a season. Article 17 Consequences of Terminating a Contract without just Cause The following provisions apply if a contract is terminated without just cause: 1 In all cases, the party in breach shall pay compensation. Subject to the provisions of article 20 and Annexe 4 in relation to training compensation, and unless otherwise provided for in the contract, compensation for the breach shall be calculated with due consideration for the law of the country concerned, the specifi city of sport, and any other objective criteria. These criteria shall include, in particular, the remuneration and other benefi ts due to the player under the existing contract and/or the new contract, the time remaining on the existing contract up to a maximum of fi ve years, the fees and expenses paid or incurred by the former club (amortised over the term of the contract) and whether the contractual breach falls within a protected period. 2 Entitlement to compensation cannot be assigned to a third party. If a professional is required to pay compensation, the professional and his new club shall be jointly and severally liable for its payment. The amount may be stipulated in the contract or agreed between the parties. 3 In addition to the obligation to pay compensation, sporting sanctions shall also be imposed on any player found to be in breach of contract during the protected period. This sanction shall be a four-month restriction on playing in official matches In the case of aggravating circumstances, the restriction shall last six months. In all cases, these sporting sanctions shall take effect from the start of the following season at the new club. Unilateral breach without just cause or sporting just cause after the protected period shall not result in sporting sanctions. Disciplinary measures may, however, be imposed outside the protected period for failure to give notice of termination within 15 days of the last offi cial match of the season (including national cups) of the club with which the player is registered. The protected period starts again when, while renewing the contract, the duration of the previous contract is extended. measures may, however, be imposed outside the protected period for failure to give notice of termination within 15 days of the last official match of the season (including national cups) of the club with which the player is registered. The protected period starts again when, while renewing the contract, the duration of the previous contract is extended. 4 In addition to the obligation to pay compensation, sporting sanctions shall be imposed on any club found to be in breach of contract or found to be inducing a breach of contract during the protected period. It shall be presumed, unless established to the contrary, that any club signing a professional who has terminated his contract without just cause has induced that professional to commit a breach. The club shall be banned from registering any new players, either nationally or internationally, for two registration periods.
REGISTRATION PROCEDURES 247 5 Any person subject to the FIFA Statutes and regulations (club officials, players agents, players, etc.) who acts in a manner designed to induce a breach of contract between a professional and a club in order to facilitate the transfer of the player shall be sanctioned. Article 18 Special Provisions Relating to Contracts between Professionals and Clubs 1 If an agent is involved in the negotiation of a contract, he shall be named in that contract. 2 The minimum length of a contract shall be from its effective date until the end of the season, while the maximum length of a contract shall be five years. Contracts of any other length shall only be permitted if consistent with national laws. Players under the age of 18 may not sign a professional contract for a term longer than three years. Any clause referring to a longer period shall not be recognised. 3 A club intending to conclude a contract with a professional must inform the player s current club in writing before entering into negotiations with him. A professional shall only be free to conclude a contract with another club if his contract with his present club has expired or is due to expire within six months. Any breach of this provision shall be subject to appropriate sanctions. 4 The validity of a contract may not be made subject to a successful medical examination and/or the grant of a work permit. 5 If a professional enters into more than one contract covering the same period, the provisions set forth in Chapter IV shall apply. V THIRD-PARTY INFLUENCE Article 18bis Third-party Influence on Clubs 1 No club shall enter into a contract which enables any other party to that contract or any third party to acquire the ability to infl uence in employment and transferrelated matters its independence, its policies or the performance of its teams. 2 The FIFA Disciplinary Committee may impose disciplinary measures on clubs that do not observe the obligations set out in this article. VI INTERNATIONAL TRANSFERS INVOLVING MINORS Article 19 Protection of Minors 1 International transfers of players are only permitted if the player is over the age of 18. 2 The following three 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 transfer takes place within the territory of the European Union (EU) or European Economic Area (EEA) and the player is aged between 16 and 18. In this case, the new club must fulfi l the following minimum obligations: i) It shall provide the player with an adequate football education and/or training in line with the highest national standards. ii) 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 playing professional football.
248 REGISTRATION PROCEDURES iii) iv) 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.). It shall, on registration of such a player, provide the relevant association with proof that it is complying with the aforementioned obligations; 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. 3 The conditions of this article shall also apply to any player who has never previously been registered with a club and is not a national of the country in which he wishes to be registered for the fi rst time. 4. Every international transfer according to paragraph 2 and every first registration according to paragraph 3 is subject to the approval of the subcommittee appointed by the Players Status Committee for that purpose. The application for approval shall be submitted by the association that wishes to register the player. The former association shall be given the opportunity to submit its position. The sub-committee s approval shall be obtained prior to any request from an association for an International Transfer Certificate and/or a first registration. Any violations of this provision will be sanctioned by the Disciplinary Committee in accordance with the FIFA Disciplinary Code. In addition to the association that failed to apply to the sub-committee, sanctions may also be imposed on the former association for issuing an International Transfer Certificate without the approval of the sub-committee, as well as on the clubs that reached an agreement for the transfer of a minor. Article 19bis Registration and Reporting of Minors at Academies 1 Clubs that operate an academy with legal, fi nancial or de facto links to the club are obliged to report all minors, who attend the academy to the association upon whose territory the academy operates. 2 Each association is obliged to ensure that all academies without legal, financial or de facto links to a club: a) run a club that participates in the relevant national championships; all players shall be reported to the association upon whose territory the academy operates, or registered with the club itself; or b) report all minors who attend the academy for the purpose of training to the association upon whose territory the academy operates. 3 Each association shall keep a register comprising the names and dates of birth of the minors that have been reported to it by the clubs or academies. 4 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. 5 Any violations of this provision will be sanctioned by the Disciplinary Committee in accordance with the FIFA Disciplinary Code.
REGISTRATION PROCEDURES 249 6 Article 19 shall also apply to the reporting of all minor players who are not a national of the country in which they wish to be reported. VII TRAINING COMPENSATION AND SOLIDARITY MECHANISM Article 20 Training Compensation Training compensation shall be paid to a player s training club(s): (1) when aplayer signs his first contract as a professional and (2) each time a professional is transferred until the end of the season 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. Article 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. VIII JURISDICTION Article 22 Competence of FIFA Without prejudice to the right of any player 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, unless an independent arbitration tribunal guaranteeing fair proceedings and respecting the principle of equal representation of players and clubs has been established at national level within the framework of the association and/or a collective bargaining agreement; c) employment-related disputes between a club or an association and a coach of an international dimension, unless an independent arbitration tribunal guaranteeing fair proceedings exists at national level; d) disputes relating to training compensation (article 20) and the solidarity mechanism (article 21) between clubs belonging to different associations; e) disputes relating to 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; f) disputes between clubs belonging to different associations that do not fall within the cases provided for in a), d) and e). Article 23 Players Status Committee 1 The Players Status Committee shall adjudicate on any of the cases described under article 22 c) and f) as well as on all other disputes arising from the application of these regulations, subject to article 24. 2 In case of uncertainty as to the jurisdiction of the Players Status Committee or the Dispute Resolution Chamber, the chairman of the Players Status Committee shall decide which body has jurisdiction.
250 REGISTRATION PROCEDURES 3 The Players Status Committee shall adjudicate in the presence of at least three members, including the chairman or the deputy chairman, unless the case is of such a nature that it may be settled by a single judge. In cases that are urgent or raise no diffi cult factual or legal issues, and for decisions on the provisional registration of a player in relation to international clearance in accordance with Annexe 3, the chairman or a person appointed by him, who must be a member of the committee, may adjudicate as a single judge. Each party shall be heard once during the proceedings. Decisions reached by the single judge or the Players Status Committee may be appealed before the Court of Arbitration for Sport (CAS). Article 24 Dispute Resolution Chamber (DRC) 1 The DRC shall adjudicate on any of the cases described under article 22 a), b), d) and e) with the exception of disputes concerning the issue of an ITC. 2 The DRC shall adjudicate in the presence of at least three members, including the chairman or the deputy chairman, unless the case is of a nature that may be settled by a DRC judge. The members of the DRC shall designate a DRC judge for the clubs and one for the players from among its members. The DRC judge may adjudicate in the following cases: i) all disputes up to a litigious value of CHF 100,000; ii) disputes relating to the calculation of training compensation; iii) disputes relating to the calculation of solidarity contributions. The DRC judge is obliged to refer cases concerning fundamental issues to the chamber. The chamber shall consist of equal numbers of club and player representatives, except in those cases that may be settled by a DRC judge. Each party shall be heard once during the proceedings. Decisions reached by the Dispute Resolution Chamber or the DRC judge may be appealed before the Court of Arbitration for Sport (CAS). Article 25 Procedural Guidelines 1 As a rule, the single judge and the DRC judge shall adjudicate within 30 days of receipt of a valid request and the Players Status Committee or the Dispute Resolution Chamber shall adjudicate within 60 days. The proceedings shall be governed by the FIFA General Procedural Rules. 2 The maximum cost of proceedings before the Players Status Committee, including the single judge, as well as before the DRC, including the DRC judge, in relation to disputes regarding training compensation and the solidarity mechanism shall be set at CHF 25,000 and shall normally be paid by the unsuccessful party. The allocation of costs shall be explained in the decision. Proceedings before the DRC and the DRC judge relating to disputes between clubs and players in relation to the maintenance of contractual stability as well as employment-related disputes between a club and a player of an international dimension are free of charge. 3 Disciplinary proceedings for violation of these regulations shall, unless otherwise stipulated herein, conform to the FIFA Disciplinary Code. 4 If there is reason to believe that a case raises a disciplinary issue, the Players Status Committee, the Dispute Resolution Chamber, the single judge or the DRC judge (as the case may be) shall submit the fi le to the Disciplinary Committee together with a request for the commencement of disciplinary proceedings in accordance with the FIFA Disciplinary Code.
REGISTRATION PROCEDURES 251 5 The Players Status Committee, the Dispute Resolution Chamber, the single judge or the DRC judge (as the case may be) 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. 6 The Players Status Committee, the Dispute Resolution Chamber, the single judge or the DRC judge (as the case may be) shall, when taking their decisions, apply these regulations whilst taking into account all relevant arrangements, laws and/or collective bargaining agreements that exist at national level, as well as the specificity of sport. 7 The detailed procedure for the resolution of disputes arising from the application of these regulations shall be further outlined in the FIFA General Procedural Rules. IX FINAL PROVISIONS Article 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 As a general rule, all 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; c) labour disputes relating to contracts signed before 1 September 2001. 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. 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 by 30 June 2007. Notwithstanding the foregoing, each member association shall implement article 1 paragraph 3 a) as from 1 July 2005. Article 27 Matters not Provided for Matters not provided for in these regulations and cases of force majeure shall be decided by the FIFA Executive Committee, whose decisions are final. Article 28 Official Languages Matters not provided for in these regulations and cases of force majeure shall be decided by the FIFA Executive Committee, whose decisions are final. Article 29 Annulment, Enforcement 1 These regulations shall replace the special regulations governing players eligibility to play for association teams dated 4 December 2003 and the Regulations for the Status and Transfer of Players of 5 July 2001 as well as all subsequent amendments, including all relevant circular letters issued before the effective date of these regulations. 2 These regulations were approved by the FIFA Executive Committee on 18 December 2004 and come into force on 1 July 2005. Article 1 paragraph 3 a); article 5 paragraphs 3 and 4; article 17 paragraph 3;article 18bis; article 22 e) and f); Annexe 1 article 1 paragraph 4 d) and e); Annexe 1 article 3paragraph 2;
252 REGISTRATION PROCEDURES Annexe 3 article 1 paragraphs 2, 3 and 4 and Annexe 3 article 2 paragraph 2 were supplemented or amended by the FIFA Executive Committee on 29 October 2007 and come into force on 1 January 2008. Article 1 paragraph 3 a); article 19 paragraph 4; article 19bis; article 25 paragraph 2 and Annexe 4 article 5 paragraph 3 were supplemented or amended by the FIFA Executive Committee on 18 December 2008 and 19 March 2009 and come into force on 1 October 2009. Zurich, December 2004/October 2007 FOR THE FIFA EXECUTIVE COMMITTEE Joseph S. Blatter President Jérôme Valcke General Secretary
REGISTRATION PROCEDURES 253 ANNEX 1 RELEASE OF PLAYERS FOR ASSOCIATION TEAMS Article 1 Principles 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 matches on dates listed in the coordinated international match calendar and for all matches for which a duty to release players exists on the basis of a special decision by the FIFA Executive Committee. 3 It is not compulsory to release players for matches scheduled on dates not listed in the coordinated international match calendar. 4 Players must also be released for the period of preparation before the match, which is laid down as follows: a) friendly matches: 48 hours; b) qualifying matches for an international tournament: four days (including the day of the match). The release period shall be extended to fi ve days if the match concerned is held in a different confederation to the one in which the player s club is registered; c) qualifying matches for an international tournament that are staged on a date reserved for friendly matches: 48 hours; d) friendly matches that are staged on a date reserved for qualifying matches for an international tournament: 48 hours; e) the final competition of an international tournament: 14 days before the first match in the competition. Players shall join the association team no later than 48 hours before kick-off. 5 The players of associations that have automatically qualifi ed for the final competition of the FIFA World Cup or for continental championships for national A teams shall be released for friendly matches on dates reserved for official qualifying matches in accordance with the directives that would apply for official matches staged on those dates. 6 The clubs and associations concerned may agree a longer period of release. 7 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 match for which they were called up. This period shall be extended to 48 hours if the match 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 match. Associations shall ensure that players are able to return to their clubs on time after the match. 8 If a player does not resume duty with his club by the deadline stipulated in this article, the next time the player is called up by his association, the period of release shall be shortened as follows: a friendly matches: 24 hours; b) qualifying matches: three days; c) the fi nal competition of an international tournament: ten days.
254 REGISTRATION PROCEDURES 9 Should an association repeatedly breach these provisions, the FIFA Players Status Committee may impose appropriate sanctions, including but not limited to: a) fines; b) a reduction of the period of release; c) a ban on calling up a player(s) for subsequent match(es). Article 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. Article 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 who is playing abroad must notify the player in writing at least 15 days before the day of the match for which he is required. Associations wishing to call up a player for the fi nal competition of an international tournament must notify the player in writing at least 15 days before the beginning of the 14-day preparation period (cf. Annexe 1 article 1 paragraph 4 e)). The player s club shall also be informed in writing at the same time. The club must confi rm 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 fi ve days before the day of the match for which the player is needed. Article 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. Article 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. This restriction on playing for the club shall, moreover, be prolonged by five days in the event that the player, for whatsoever reason, did not wish to or was unable to comply with the call-up.
REGISTRATION PROCEDURES 255 Article 6 Disciplinary Measures 1 Violations of any of the provisions set forth in this annexe shall result in the imposition of disciplinary measures. 2 If a club refuses to release a player or neglects to do so despite the provisions of this annexe, the FIFA Players Status Committee shall furthermore request the association to which the club belongs to declare any match(es) in which the player took part to have been lost by the club concerned. Any points thus gained by the club in question shall be forfeited. Any match contested according to the cup system shall be regarded as having been won by the opposing team, irrespective of the score. 3 If a player reports late for duty with his club more than once after being called up by an association, the FIFA Players Status Committee may, at the request of the player s club, impose additional sanctions on the player and/or his association. ANNEX I1 Eligibility to play for association teams of players whose nationality entitles them to represent more than one association Article 1 Conditions 1 A player who, under the terms of article 15 of the Regulations Governing the Application of the FIFA Statutes, is eligible to represent more than one association on account of his nationality, may play in an international match for one of these associations only if, in addition to having the relevant nationality, he fulfils at least one of the following conditions: a) he was born on the territory of the relevant association; b) his biological mother or biological father was born on the territory of the relevant association; c) his grandmother or grandfather was born on the territory of the relevant association; d) he has lived on the territory of the relevant association for at least two years without interruption. 2 Notwithstanding paragraph 1 of this article, associations sharing a common nationality may make an agreement under which item d) of paragraph 1 of this article is deleted completely or amended to specify a longer time limit. Such agreements must be lodged with and approved by FIFA. ANNEX II1 Administrative procedure governing the transfer of players between associations Article 1 Conditions 1 Any player who is registered with a club that is affi liated to one association shall not be eligible to play for a club affi liated to a different association unless an ITC has been issued by the former association and received by the new association in accordance with the provisions of this annexe. Special forms provided by FIFA for this purpose or forms with similar wording shall be used. 2 At the very latest, the ITC must be requested on the last day of the registration period of the new association. 3 The association issuing the ITC shall also attach a copy of the player passport to it.
256 REGISTRATION PROCEDURES 4 The new association shall inform the association(s) of the club(s) that trained and educated the player between the ages of 12 and 23 (cf. Article 7 Player passport) in writing of the registration of the player as a professional after receipt of the ITC. Article 2 Issue of an ITC for a Professional 1 All applications to register a professional must be submitted by the new club to the new association during one of the registration periods established by that association. All applications shall be accompanied by a copy of the contract between the new club and the professional. A professional is not eligible to play in offi cial matches for his new club until an ITC has been issued by the former association and received by the new association. 2 Upon receipt of the application, the new association shall immediately request the former association to issue an ITC for the professional ( ITC request ). An association that receives an unsolicited ITC from another association is not entitled to register the professional concerned with one of its clubs. 3 Upon receipt of the ITC request, the former association shall immediately request the former club and the professional to confirm whether the professional s contract has expired, whether early termination was mutually agreed or whether a contractual dispute exists. 4 Within seven days of receiving the ITC request, the former association shall either: a) issue the ITC to the new association; or b) inform the new association that the ITC cannot be issued because the contract between the former club and the professional has not expired or that there has been no mutual agreement regarding its early termination. 5 If the new association does not receive a response to the ITC request within 30 days of the ITC request being made, it shall immediately register the professional with the new club on a provisional basis ( provisional registration ). A provisional registration shall become permanent one year after the ITC request. The Players Status Committee may withdraw a provisional registration, if, during this one-year period, the former association presents valid reasons explaining why it did not respond to the ITC request. 6 The former association shall not issue an ITC if a contractual dispute has arisen between the former club and the professional. In such a case, the professional, the former club and/or the new club are entitled to lodge a claim with FIFA in accordance with article 22. FIFA shall then decide on the issue of the ITC and on sporting sanctions within 60 days. In any case, the decision on sporting sanctions shall be taken before the issue of the ITC. The issue of the ITC shall be without prejudice to compensation for breach of contract. FIFA may take provisional measures in exceptional circumstances. 7 The new association may grant a player temporary eligibility to play until the end of the season that is underway on the basis of an ITC sent by fax. If the original ITC is not received by that time, the player s eligibility to play shall be considered definitive. 8 Associations are forbidden from requesting the issue of an ITC in order to allow a player to participate in trial matches. 9 The foregoing rules and procedures also apply to professionals who, upon moving to their new club, acquire amateur status.
REGISTRATION PROCEDURES 257 Article 3 Issue of an ITC for an Amateur 1 All applications to register an amateur player must be submitted by the new club to the new association during one of the registration periods established by that association. 2 Upon receipt of the application, the new association shall immediately request the former association to issue an ITC for the player ( ITC request ). 3 The former association shall, within seven days of receiving the ITC request, issue the ITC to the new association. 4 If the new association does not receive a response to the ITC request within 30 days, it shall immediately register the amateur with the new club on a provisional basis ( provisional registration ). A provisional registration shall become permanent one year after the ITC request. The Players Status Committee may withdraw a provisional registration, if, during this one-year period, the former association presents valid reasons explaining why it did not respond to the ITC request. 5 The foregoing rules and procedures also apply for amateurs who, upon moving to their new club, acquire professional status. Article 4 Loan of Players 1 The rules set out above also apply to the loan of a professional from a club affiliated to one association to a club affiliated to another association. 2 The terms of the loan agreement shall be enclosed with the ITC request. 3 Upon expiry of the loan period, the ITC shall be returned, upon request, to the association of the club that released the player on loan. ANNEXE IV Training compensation Article 1 Objective 1 A player s training and education takes place between the ages of 12 and 23. Training compensation shall be payable, as a general rule, up to the age of 23 for training incurred up to the age of 21, unless it is evident that a player has already terminated his training period before the age of 21. In the latter case, training compensation shall be payable until the end of the season in which the player reaches the age of 23, but the calculation of the amount payable shall be based on the years between the age of 12 and the age when it is established that the player actually completed his training. 2 The obligation to pay training compensation is without prejudice to any obligation to pay compensation for breach of contract. Article 2 Payment of Training Compensation 1 Training compensation is due when: i) a player is registered for the fi rst time as a professional; or ii) a professional is transferred between clubs of two different associations (whether during or at the end of his contract) before the end of the season of his 23rd birthday.
258 REGISTRATION PROCEDURES 2 Training compensation is not due if: i) the former club terminates the player s contract without just cause (without prejudice to the rights of the previous clubs); or ii the player is transferred to a category 4 club; or iii a professional reacquires amateur status on being transferred. Article 3 Responsibility to Pay Training Compensation 1 On registering as a professional for the fi rst time, the club with which the player is registered is responsible for paying training compensation within 30 days of registration to every club with which the player has previously been registered (in accordance with the players career history as provided in the player passport) and that has contributed to his training starting from the season of his 12th birthday. The amount payable is calculated on a pro rata basis according to the period of training that the player spent with each club. In the case of subsequent transfers of the professional, training compensation will only be owed to his former club for the time he was effectively trained by that club. 2 In both of the above cases, the deadline for payment of training compensation is 30 days following the registration of the professional with the new association. 3 If a link between the professional and any of the clubs that trained him cannot be established, or if those clubs do not make themselves known within 18 months of the player s fi rst registration as a professional, the training compensation shall be paid to the association(s) of the country (or countries) where the professional was trained. This compensation shall be reserved for youth football development programmes at the association(s) in question. Article 4 Training Costs 1 In order to calculate the compensation due for training and education costs, associations are instructed to divide their clubs into a maximum of four categories in accordance with the clubs fi nancial investment in training players. The training costs are set for each category and correspond to the amount needed to train one player for one year multiplied by an average player factor, which is the ratio of players who need to be trained to produce one professional player. 2 The training costs, which are established on a confederation basis for each category of club, as well as the categorisation of clubs for each association, are published on the FIFA website (www.fifa.com). They are updated at the end of every calendar year. Article 5 Calculation of Training Compensation 1 As a general rule, to calculate the training compensation due to a player s former club(s), it is necessary to take the costs that would have been incurred by the new club if it had trained the player itself. 2 Accordingly, the fi rst time a player registers as a professional, the training compensation payable is calculated by taking the training costs of the new club multiplied by the number of years of training, in principle from the season of the player s 12th birthday to the season of his 21st birthday. In the case of subsequent transfers, training compensation is calculated based on the training costs of the new club multiplied by the number of years of training with the former club.
REGISTRATION PROCEDURES 259 3 To ensure that training compensation for very young players is not set at unreasonably high levels, the training costs for players for the seasons between their 12th and 15th birthdays (i.e. four seasons) shall be based on the training and education costs of category 4 clubs. This exception shall, however, not be applicable where the event giving rise to the right to training compensation (cf. Annexe 4 article 2 paragraph 1) occurs before the end of the season of the player s 18th birthday. 4 The Dispute Resolution Chamber may review disputes concerning the amount of training compensation payable and shall have discretion to adjust this amount if it is clearly disproportionate to the case under review. Article 6 Special Provisions for the EU/EEA 1 For players moving from one association to another inside the territory of the EU/EEA, the amount of training compensation payable shall be established based on the following: a) If the player moves from a lower to a higher category club, the calculation shall be based on the average training costs of the two clubs; b) If the player moves from a higher to a lower category, the calculation shall be based on the training costs of the lower-category club. 2 Inside the EU/EEA, the fi nal season of training may occur before the season of the player s 21st birthday if it is established that the player completed his training before that time. 3 If the former club does not offer the player a contract, no training compensation is payable unless the former club can justify that it is entitled to such compensation. The former club must offer the player a contract in writing via registered post at least 60 days before the expiry of his current contract. Such an offer shall furthermore be at least of an equivalent value to the current contract. This provision is without prejudice to the right to training compensation of the player s previous club(s). Article 7 Disciplinary Measures The FIFA Disciplinary Committee may impose disciplinary measures on clubs or players that do not observe the obligations set out in this annexe. ANNEX V Solidarity mechanism Article 1 Solidarity Contribution If a professional moves during the course of a contract, 5% of any compensation, not including training compensation paid to his former club, shall be deducted from the total amount of this compensation and distributed by the new club as a solidarity contribution to the club(s) involved in his training and education over the years. This solidarity contribution refl ects the number of years (calculated pro rata if less than one year) he was registered with the relevant club(s) between the seasons of his 12th and 23rd birthdays, as follows: Season of 12th birthday: 5% (i.e. 0.25% of total compensation) Season of 13th birthday: 5% (i.e. 0.25% of total compensation) Season of 14th birthday: 5% (i.e. 0.25% of total compensation) Season of 15th birthday: 5% (i.e. 0.25% of total compensation) Season of 16th birthday: 10% (i.e. 0.5% of total compensation) Season of 17th birthday: 10% (i.e. 0.5% of total compensation)
260 REGISTRATION PROCEDURES Season of 18th birthday: 10% (i.e. 0.5% of total compensation) Season of 19th birthday: 10% (i.e. 0.5% of total compensation) Season of 20th birthday: 10% (i.e. 0.5% of total compensation) Season of 21st birthday: 10% (i.e. 0.5% of total compensation) Season of 22nd birthday: 10% (i.e. 0.5% of total compensation) Season of 23rd birthday: 10% (i.e. 0.5% of total compensation) Article 2 Payment Procedure 1 The new club shall pay the solidarity contribution to the training club(s) pursuant to the above provisions no later than 30 days after the player s registration or, in case of contingent payments, 30 days after the date of such payments. 2 It is the responsibility of the new club to calculate the amount of the solidarity contribution and to distribute it in accordance with the player s career history as provided in the player passport. The player shall, if necessary, assist the new club in discharging this obligation. 3 If a link between the professional and any of the clubs that trained him cannot be established within 18 months of his transfer, the solidarity contribution shall be paid to the association(s) of the country (or countries) where the professional was trained. This solidarity contribution shall be reserved for youth football development programmes in the association(s) in question. 4 The Disciplinary Committee may impose disciplinary measures on clubs that do not observe the obligations set out in this anne
REGISTRATION PROCEDURES 261 Scottish Football Association Players Agents Regulations Definitions Clause 1 General Clause 2 The Applicant Clause 3 The Application Clause 4 Examination Clause 5 Issue and Status of Licence Clause 6 Re-examination of Existing Agents Clause 7 Representation of Interests Clause 8 Player Agents Obligations Clause 9 Right to make contact, prohibition on approaches Clause 10 Representation Contract Clause 11 Statement of Name Clause 12 Engagement of Licenced Players Agents Clause 13 Payment, restrictions and assignment of rights and claims Clause 14 Disputes Clause 15 Resolution of Disputes Clause 16 Sanctions Clause 17 Withdrawal of Licence Clause 18 Right to Appeal Clause 19 Closing Conditions Preliminary The Articles The Association The Board Chief Executive Club Shall mean the Articles of the Association; Shall mean The Scottish Football Association Limited; Shall mean the Board which shall comprise all of the Directors from time to time as constituted in accordance with these Articles; Shall mean the Secretary of the Association from time to time; Shall mean a football club playing Association Football in accordance with the provisions set out in Article 6; Code of Professional Conduct Shall mean a declaration to be signed by the Players Agent prior to the issue of the Licence; FIFA FIFA TMS GPC Shall mean Federation of International Football Associations; Shall mean the Transfer Matching System for all professional transfers internationally Shall mean the Standing Committee established by the Board to exercise the powers conferred on it by the Board pursuant to the Standing Orders;
262 REGISTRATION PROCEDURES Indemnity Insurance National Association Players Agent Players Licence Representation Contract SFA Website UEFA Shall mean Professional Liability Indemnity Insurance; Shall mean a national association in membership of FIFA; Shall mean a person holding a current agent s licence issued by the Association who for reward represents, negotiates on behalf of, advises or otherwise acts for a player or a member club in the context of either the transfer of a player s registration or the terms of a current or proposed contract between a player and a member club; Shall mean a player participating in Association Football under the jurisdiction of the Association; Shall mean a licence issued by the Association; Shall mean the FIFA approved contract entered into between a Players Agent and the player/club he represents clearly stating the terms and conditions of the agreement between the parties; Shall mean the site owned, controlled and maintained by the Association; Shall mean Union of European Football Associations. Preamble These regulations ( Regulations ) are to be read in conjunction with FIFA Regulations for Players Agents ( FIFA Regulations ). Terms referring to natural persons are applicable to both genders. Any term in the singular applies to the plural and vice-versa. Clause 1 General 1. 1. Clubs and Players will only use the services of Players Agents Licenced by national football associations in negotiations for the conclusion and/or amendment of an employment contract in football or an agreement on the transfer of players subject to the exemptions in 2 (a) below; 2. The terms of para. 1 do not apply if: (a) the person acting on behalf of a player is his legal representative, brother, sister or spouse.; 3. A register of players agents who hold a licence issued by the Scottish Football Association will be held by the Association and will be published on the SFA and FIFA website, updated as required.
REGISTRATION PROCEDURES 263 Clause 2 The Applicant 1. Only natural persons are eligible to apply to become a licenced players agent; 2. Only those natural persons can apply for a licence who: (a) hold the nationality of an EU or EEA Member State and are resident in Scotland; (b) do not hold the nationality of an EU or EEA Member State but have been resident in Scotland for at least two consecutive years. If an applicant resides in a different EU/EEA country from the country of which he is a national, he shall send a written application to the association of his country of domicile without the obligation to have resided there continuously for at least two years. 3. An applicant can not be employed by or hold any office within FIFA, UEFA, the Scottish Football Association, or a club or any organisation under the auspices of these bodies; 4. The applicant is subject to the terms of these Regulations. Clause 3 The Application 1. An application for a licence must be made in writing by the applicant to the Association. The applicant must be a natural person with an impeccable reputation. The applicant is deemed to have an impeccable reputation if there is no criminal sentence for a financial or violent crime as declared in the Association s application form. By the act of applying an applicant agrees to abide by the statutes, regulations, directives of the competent bodies of FIFA as well as those of the relevant confederations and the Association s Articles; 2. The applicant must submit the following with his application: (a) the application fee which is non-refundable and transferable; (b) a copy of his current passport with two passport sized photographs of himself signed by the applicant; (c) a current utility bill no more than 3 months old. 3. If the applicant fails to submit the items referred to in para. 2 to the Association the application will be rejected; 4. An applicant whose application has been rejected has the right to submit his application to the Players Status Committee of FIFA. If FIFA deem the application to be acceptable then FIFA shall instruct the Association to continue the application process. If the FIFA Players Status Committee also rejects the application, the applicant may subsequently submit an application to sit the next scheduled exam. Clause 4 Examination 1. Only those natural persons who comply with Clause 2 and submit their applications in accordance with Clause 3 of these Regulations are eligible to sit the examination; 2. Twice a year the Scottish Football Association will arrange a written examination for applicants wishing to obtain a licence. These dates are set by FIFA. The Scottish Football Association has the right to issue rules for this examination;
264 REGISTRATION PROCEDURES 3. The examination will consist of 15 multiple-choice questions determined by FIFA and 5 multiple choice questions determined by the Association. The duration of the exam will be no longer than 90 minutes; 4. Each correct answer will be awarded one point only. FIFA shall set the minimum mark required to pass the examination; 5. The Association may determine the amount of the registration fee for the examination from time to time; 6. The applicants shall be tested on their knowledge of the current football regulations especially in connection with transfers, the statutes and regulations of FIFA, and the registration procedures of the Association and FIFA s confederations and knowledge of civil law, basic principles of personal rights and contract law; 7. An applicant who fails to attain the minimum pass mark as determined by FIFA may re-apply to re-take the examination on the next available date; 8. An applicant who fails to attain the minimum pass mark at the second attempt may not apply to re-take the examination until the next calendar year has elapsed; 9. After a calendar year has elapsed the applicant may then apply to take the examination a third time when he may choose to be examined by the Association or by FIFA; 10. If the applicant fails for a 3rd time he may not sit the exam for another two years; 11. The foregoing is subject to changes by FIFA and/or the Association; 12. The Association will not enter into any correspondence regarding any question in any examination, The examination mark for an applicant is final and binding Clause 5 Issue and Status of Licence 1. The Scottish Football Association will issue the applicant with a licence if: (a) the applicant has passed the examination referred to in Clause 4 of these Regulations; (b) the applicant: has taken out Professional Liability Insurance in his name for the profession of players agent and has produced a copy of the policy to the Association; a group policy must name the agent(s) individually; (c) the applicant has signed the Code of Professional Conduct with the Scottish Football Association. The Association may set further rules on the conditions of the professional liability insurance. 2. (a) the licence is strictly personal and cannot be transferred/assigned; (b) a licence is issued for a period of five years and will be dated from the date of the examination which the applicant passed;
REGISTRATION PROCEDURES 265 3. A players agent who holds a licence issued by the Scottish Football Association has the right to refer to himself as a Players Agent licenced by the Scottish Football Association. A Players Agent is forbidden from referring to himself as a FIFA Agent or using FIFA s logo and/or wording. He may use on his stationery the Association s logo providing he has been given permission in writing by the Association to do so; 4. A players agent may not be employed by or hold any office with FIFA, UEFA, the Scottish Football Association, a recognised football body or any club or any organisation under the auspices of these bodies; 5. If an applicant who has passed the examination does not fulfil all prerequisites within Clause 5.1 within six months of the date he sat the examination, he shall have to re-apply and re-sit the examination at the next scheduled date; 6. An up-to-date list of SFA Licenced Agents will be published on the Association s and FIFA s website; 7. The Association will annually submit a report to FIFA on the activities of its licenced players agents; 8. A players agent will loose his licence when he no longer fulfils the prerequisites for holding a license under Clause 5 Para 1, as the result of a sanction imposed in accordance with Clause 16, or he voluntarily terminates his activity. A players agent who decides to terminate his activity is obliged to return his licence. Failure to comply with this provision will result in the licence being cancelled. A Players Agent who terminates his activity must ensure that his Professional Liability Insurance remains in place for a period of six months thereafter; 9. The Association will remove from its website and the FIFA TMS the names of those players agents who have terminated their activity and advise FIFA accordingly; 10. An agent who fails to renew his professional liability insurance shall have his licence withdrawn in accordance with the procedure set out in Clause 17.2. Clause 6 Re-examination of Existing Agents 1. The licence issued to a players agent expires five years after its date of issue; 2. The player agent shall submit a written application, in accordance with Clause 3 of these regulations, to the Association to re-sit the exam before the date on which his licence is due to expire; 3. Should the players agent fail to submit a written application to re-sit the exam prior to the expiry of the five year period then his licence will be automatically suspended; 4. If the players agent meets the timescale set out in paragraph 2 above his licence shall remain valid until the date of the next available examination; 4. If the players agent fails this examination, his licence shall be automatically suspended until such time as he passes the examination;
266 REGISTRATION PROCEDURES 5. A players agent who is suspended under these circumstances may retake the examination at the next available date providing he submits a valid application to the Association in accordance with Clause 3; 6. There is no limit on the number of times a players agent, under these circumstances, may re-take the examination. Clause 7 Representations of Interests A players agent is not permitted to represent the interests of more than one of the parties concerned in the negotiations on the conclusion and/or amendment of a contract/ employment agreement in football or an agreement relating to the transfer of players. Clause 8 Players Agent s Obligations 1. A players agent must: (a) comply with the Articles of Association and Rules of the Scottish Football Association and/or FIFA and the decisions of their executive bodies; (b) refrain from any behaviour that could harm the interests of the Scottish Football Association, and/or the sport of association football in general; (c) provide timeously all the necessary information requested by the Scottish Football Association and/or FIFA or one of their authorised bodies; (d) refrain from persuading a player to terminate his player s contract/employment agreement early or not to comply with his obligations under that contract; (e) ensure that his name and signature appears in every contract/employment agreement entered into as a result of his activities; (f) comply with applicable laws; (g) report in writing to the Association as required:- names of the players whom the agent represents; the names of persons who are doing work or conducting activities in an administrative capacity on behalf of the Players Agent ; up to date contacts details; any other details that are required; (h) immediately report in writing to the Association any change in any item referred to in (g); (i) not employ or have employed persons who: do work for, on behalf of or on the instructions of other players agents; are employed by or hold any other office with FIFA, UEFA, the Scottish Football Association, a recognised football body or any other organisation connected to these bodies; (j) ensure that the player s contract/employment agreement contains: the fee that the players agent will receive for concluding this contract and who pays him this fee; 2. A players agent is and remains at all times responsible and liable for work and activities carried out or conducted for him, on his behalf or on his instructions.
REGISTRATION PROCEDURES 267 Clause 9 Right to make contact, prohibition on approaches SFA Licenced Players Agents have the right to: (a) (b) (c) contact any player who is not or is no longer under a representation contract with another Players Agent; represent the interests of any player or club that requests him to negotiate or renegotiate contracts on his/its behalf; take care of the interests of any player or club which requests him to do so, subject to 10. 1(a); SFA Licenced Players Agents are prohibited from approaching any player who is under contract to a club with the aim of persuading him to terminate his contract prematurely or violate any obligations stipulated in the player s employment contract. Unless otherwise established it will deemed that the Player s Agent has induced a breach of contract should a player commit such a breach of contract without just cause. Clause 10 Representation Contract 1. A Players Agent may only represent the interests of a party if: (a) the Players Agent has concluded a representation contract in writing with the party concerned. This agreement is also referred to hereinafter as the Representation Contract ; (b) the Representation Contract is registered in accordance with the terms of this Clause; 2. It is forbidden to conclude a Representation Contract for a period of more than two years. If the players agents client is a minor the players legal guardian(s) shall also sign the representation contract in compliance with national law. It may be extended for another maximum period of two years by the signing of a new representation contract and may not be tacitly prolonged; 3. The Representation Contract must contain agreements about the fee payable by the contracting party to the Players Agent. If the contract does not contain any agreements about the fee, Clause 13.3 (d) will be applicable ; 4. The Representation Contract must not contain conditions that are contrary to national law, the Articles of Association and Regulations of the Scottish Football Association and FIFA; 5. (a) the Representation Contract must be drawn up and signed in quadruplicate. Within 30 days of signature the Players Agent must send all the copies of the contract by mail to the Association for signing and registration; (b) the Association will inform the players agent in writing of the registration of the Representation Contract; (c) after registration by the Association s administration, three copies are returned to the players agent. The Players Agent is obliged to give one copy of the representation contract to the player or club;
268 REGISTRATION PROCEDURES 6. The Representation Contract will be registered if the applicable laws, Articles of Association and Regulations of the Scottish Football Association and FIFA have been complied with; 7. The provisions set out in this clause are without prejudice to the player s right to conclude an employment contract or transfer agreement without the assistance of a representative. No payment shall be made to a Players Agent when the player exercises his right to personally conclude an employment contract or transfer without the services of the Players Agent unless the representation contract entered into between the player and his agent states otherwise ; 8. Players Agents shall avoid all conflicts of interest in the course of their activity. A players agent may only represent the interests of one party per transaction and be paid by one party in the transaction. A players agent is forbidden from having a representative contract, a co-operation agreement or shared interests with one of the other parties or with one of the other parties players agents involved in a transfer or in the negotiation of the employment contract; 9. SFA Licenced Players Agents are advised to use the standard FIFA Representation Contract which can be amended providing that such amendments comply with national law; 10. The representation contract between the agent and a player may be cancelled by both parties confirming in writing, to the Association, their agreement to the cancellation. Clause 11 Statement of Name 1. A player, players agent and club are required to ensure that the players/clubs agent s name and signature appears on every player s contract/employment agreement signed by the player/club in which an agent has represented one of the parties. If a player/club does not use the services of a players agent, this must also be specified in the player s contract of employment. Clause 12 Engagement of Licenced Players Agents 1. A player may only engage the services of a licenced players agent to represent him in the negotiation or renegotiation of an player s contract/employment agreement the exceptions stated in Clause 1.2 (a); 2. A player, who does not himself negotiate directly with a club, must only work with a licenced players agent with the exceptions stated in Clause 1.2 (a); 3. It is the players duty to ensure that a players agent is currently licenced prior to signing the relevant representation contract; 4. Clubs, if they do not negotiate directly with a player, must only work with licenced players agents with the exceptions stated in Clause 1.2 (a); 5. It is the club s duty to ensure that a player s agent is currently licenced prior to signing the relevant representation contract.
REGISTRATION PROCEDURES 269 Clause 13 Payment, restrictions and assignment of rights and claims The Player s Agent must ensure that: 1. No compensation payment, transfer compensation, training compensation or solidarity compensation payable in connection to a players move between clubs is paid by a club to a players agent; 2. A players agent is strictly forbidden from owning any interest in any transfer compensation or future transfer of a player; 3. The only remuneration a players agent may receive in relation to a player s transfer is as follows: (a) the amount of remuneration due to a players agent engaged to act on a player s behalf shall be based on the basis of the player s annual basic gross income, including any signing on fee that the player s agent has negotiated in the employment contract; (b) the player s agent and the player shall decide in advance whether the player shall remunerate the player s agent with a lump sum payment at the start of the employment contract the player s agent has negotiated or whether annual instalments will be paid at the end of each contractual year; (c) if a players agent and the player do not decide on a lump sum and the player s employment contract negotiated by the players agent lasts longer than the representation contract between the player and the players agent then the players' agent will be entitled to annual remuneration, even after expiry of the representation contract, until the relevant player s contract expires or the player signs a new employment contract without the involvement of the same players agent; (d) if the players agent and the player cannot reach agreement on the amount of remuneration to be paid or the representation contract does not stipulate the amount then the players agent is entitled to payment of compensation amounting to 3% of the basic income described in point 3(a) above from the employment contract negotiated or renegotiated by the players agent on the player s behalf. Clause 14 Disputes Disputes between players agents and members of the Scottish Football Association and disputes between players agents between themselves must be settled by the General Purposes Committee to the exclusion of the civil courts, subject to the terms of the Arbitration Regulations. Clause 15 Resolution of Disputes All differences/disputes between SFA Licenced Players Agents and a member club or any body or person who is involved in Association Football in Scotland under the auspices of or pursuant to a contract with such member ( an associated person ) shall submit all differences or questions between or among members and/or associated persons to the jurisdiction of the Association as set out in Article 134.1 of the Articles of Association, and a member or an associated person, may not take such differences or questions to a court of law except with the prior approval of the Board
270 REGISTRATION PROCEDURES Clause 16 Sanctions Subject to investigation by the General Purposes Committee, the following sanctions may be imposed on players agents for violation of these regulations, the Articles of Association and/or FIFA regulations: a reprimand or a warning; a fine; a suspension of licence for up to 12 months; withdrawal of licence; a ban on taking part in any football related matter. These sanctions may be imposed separately or in any combination. Clause 17 Withdrawal of Licence 1. The Association s General Purposes Committee has the power to suspend/ withdraw a licence after it has been issued if and or: (a) the Players Agent breaches the Articles of Association or Regulations of the Scottish Football Association and/or FIFA; (b) the Players Agent acts contrary to the Professional Code of Conduct; (c) the Players Agent announces in writing that he has ceased (or wants to cease) his activities as a Players Agent; (d) the Players Agent fails to comply with any of the obligations stated within Clause 8 of these regulations; (e) the General Purposes Committee so determines 2. A Players Agent will be automatically suspended upon his insurance policy lapsing or should he fail to meet any of the obligations incumbent upon him in Clause 8 of these regulations. The following procedure will apply in such cases: The Players Agent will be advised by the Association in writing of the suspension and given 14 days from the date of the letter to arrange new insurance cover and lodge a copy of a new policy with the Association or comply with any breach of Clause 8. The letter shall also confirm that failure to arrange/provide new insurance or remedy any breach of Clause 8 within a 14 days timescale will result in the licence being withdrawn, unless a satisfactory reason can be given for failure to do so,and the date the withdrawal of the licence will be effective from. The Players Agent will also advised in the letter that the withdrawal of the licence will be reported to the Association s General Purposes Committee for formal ratification and as a consequence of the withdrawal he will reqiure to re-sit and pass the examination should he wish to act as a Players Agent again. The decision of the General Purposes Committee to ratify the withdrawal of the license will also be confirmed to the former Players Agent in writing also confirming procedure for application for re-acquiring licence.
REGISTRATION PROCEDURES 271 3. A Players Agent whose licence has been withdrawn in terms of this Clause must immediately return his licence to the Association. Clause 18 Right to Appeal A Players Agent has the right to appeal to the Association s Appeals Board against a decision of a Standing Committee (or a sub-committee thereof) of the Association which imposes a fine, a suspension or expulsion or any combination thereof upon such body or person in relation to these regulations. The decision of the Appeals Board shall be final and binding on all parties concerned subject to the arbitration procedures which may be available to the appellant to the Court of Arbitration for Sport. Clause 19 Closing Conditions Cases not dealt with in these Regulations will be decided by the Association s General Purposes Committee and/or the FIFA Regulations.
272 REGISTRATION PROCEDURES Gov e r n i n g Bo dy En d o r s e m e n t Requirements f o r Players o f Clubs o f the Scottish Football Association POINTS BASED SYSTEM Background This document explains the criteria for football clubs to obtain Governing Body Endorsements for Tier 2 and 5 of the UK Border Agency points based system for football players for the 2009/10 season. Consultation The following criteria have been agreed by the UK Border Agency following consultation between The Scottish Football Association, Scottish Premier League, Scottish Football League, Scottish Professional Footballers Associations, the Managers and Coaches Association and the other Home Associations of The FA, The FA of Wales and The Irish FA. Duration The criteria will apply for season 2009-10 and will be effective from 1st July 2009 through to 30th June 2010. The criteria will be reviewed in early 2010 in order that revised criteria may be issued by the 1st May 2010 to operate for season 2010-11. Criteria for Clubs To be eligible to apply for a Governing Body Endorsement (GBE) and to become a Sponsor and issue Certificates of Sponsorship a club must be in membership of the Scottish Premier League or the Scottish Football League. Length of Season For the purposes of the PBS, the playing season for this sport is from July to June. This may vary slightly from season to season depending on the arrangement of the first and last matches. Criteria for Players To be eligible for a Governing Body Endorsement under PBS: 1. A player must have played for his country in at least 75% of its competitive A team matches he was available for selection, during the 2 years preceding the date of the application; and 2. The player s country must be at or above 70th place in the official FIFA World Rankings when averaged over the 2 years preceding the date of the application. 3. The application for a GBE must be made by a club in membership of the Scottish Premier League or Scottish Football League and the player will only play for clubs in membership of those leagues.
REGISTRATION PROCEDURES 273 Competitive Matches The definition of a competitive 'A' team international match is a: World Cup Finals game; World Cup Qualifying group game; and Football Association Confederation game, for example: The FIFA Confederations Cup; The UEFA European Championships and Qualifiers; The African Cup of Nations and Qualifiers; The Asia Nations Cup and Qualifiers; The CONCACAF Gold Cup; The CONCACAF The Copa Caribe; The CONMEBOL Copa America; The OFC Nations Cup and The UNCAF Nations Cup International Appearances Prior to submitting an application, clubs should provide written confirmation of the player's international appearance record over the preceding two years highlighting the competitive 'A' matches. This should be obtained from the player's home association. The Governing Body will be unable to make a decision on the application until written evidence is provided. If any evidence submitted needs verifying the Governing Body will liaise with other parties and verify all information through all available sources, if necessary. Injuries Exclusion from selection for international matches due to injury or suspension will be taken into consideration when applying the criteria. Clubs should submit supporting evidence in such cases stipulating the games the player has missed. It should be noted that where a player is listed as on the substitutes' bench, he will not be considered as injured when reaching a decision on a work permit application. FIFA Rankings There are currently 201 international teams listed in the official FIFA world rankings. Those countries which have regularly achieved a 70th placing or higher over a period of two years are regarded as nations who have competed regularly at a highly competitive international level and have players of the highest standard who have contributed consistently to the achievement of that world ranking. The Governing Body will produce the aggregated two-year rankings list on a monthly basis when the official FIFA world rankings are published and those countries ranked 70th or above meet the criterion. The aggregated rankings can be downloaded from this website. If clubs have any queries about the rankings they should contact t-he Scottish Football Association.
274 REGISTRATION PROCEDURES Length of Issue Governing Body Endorsements should be issued for a period appropriate to the period of approval for sponsorship or the tier under which the application is being made, that is: As a Sponsor Tier 2 or Tier 5 for 4 years. Migrant Tier 2 Sport Initial application length of contract or up to three years maximum, whichever is the shorter period. Extension application length of contract or up to two years maximum, whichever is the shorter period. A second extension of a further two years is possible when the first extension is about to expire. Migrant Tier 5 sporting length of contract or up to 12 months, whichever is the shorter period. No in-country extensions are possible of more than a total period of 12 months. For example if a player initially had six months approval he would be allowed to apply for an extension up to another six months. If a club wishes to continue to employ a player beyond 12 months, the individual will have to return overseas to make a new application. Tier 5 to Tier 2 switching Players may enter under Tier 5 without the need to demonstrate the competency in English required under Tier 2. Players may then apply to switch to Tier 2 as soon as they have passed the examination in the English language at the appropriate level. For this the club will need to obtain a new endorsement and issue a new Certificate of Sponsorship. If at the end of the maximum 12 months he cannot meet the English language requirement he will need to return home and obtain further entry clearance for another 12 month period under Tier 5. Switching into Tier 5 whilst in the UK is not allowed. Extension Applications for existing permit or certificate of sponsorship holders Where the permit / Certificate of Sponsorship is about to expire and the player meets the criteria outlined above for initial applications. If a club wishes to retain the services of a player, they should submit a new application before the work permit/ Certificate of Sponsorship expires. If the criteria are satisfied a Certificate of Sponsorship will be issued. Where the Permit / Certificate of Sponsorship is about to expire and the player does not meet the criteria for initial applications. Where a club has requested a renewal, the Scottish Football Association will consult with the other relevant football bodies by email. They will ask whether the application needs to be considered at a panel. If the football bodies recommend unanimously they are satisfied that the changes do not need to be considered by a panel, then the case can be processed without one. If any of the bodies have concerns with a particular application, a panel will be arranged. See section below on panels.
REGISTRATION PROCEDURES 275 Where the Permit / Certificate of Sponsorship is about to expire and the player does not meet the criteria for initial applications and the relevant football bodies do not unanimously agree to the renewal then a club may request that it be considered by a panel. Changes During the Period of Approval Change of employment A club wishing to sign a player from another United Kingdom club must submit an application to the Scottish Football Association. If the criteria are satisfied, a Governing Body Endorsement will be issued for a maximum period appropriate for the tier in which the application is being made. Temporary Transfer of Registration (Loans) If a player on a work permit or Certificate of Sponsorship is moving to another club in the UK on a temporary transfer of registration (loan) his club must notify UKBA of the fact that he has temporarily moved location. This should be done on the SMS system for players approved under the Points Based System or by emailing Danielle.Beck@ukba.gsi. gov.uk for players currently on a work permit. The temporary club does NOT need to make an application for an individual Governing Body Endorsement. When a loan becomes permanent the new club WILL need to make a fresh application on behalf of the player. Clubs should note that the change of employment process must be fully completed before the player can play as a permanent employee of the new club. For the purposes of these requirements, loans are defined as temporary transfers that do not extend beyond the end of the season in which the registration is temporarily transferred. Loans are only permissible within the player s current period of approval and leave. Loans should not be used to avoid making extension or change of employment applications. Loans from clubs of the FA, FA of Wales and the Irish FA will not need a new GBE from the Scottish Football Association. Players employed by clubs in the Scottish Premier League and Football League on work permits or Certificates of Sponsorship cannot be loaned to clubs outside these Leagues. Players on loan from an overseas club to a UK club must meet all the requirements of Tier 2 or Tier 5 and therefore an endorsement will be required. Contract changes or re-negotiation during the period of approval Where a club wishes to re-negotiate a player's contract to improve his conditions and/ or salary or length of contract part-way through their approved period, the club should submit a change of employment application (or extension application if the contract period changes). If the criteria are met, the application will be processed.
276 REGISTRATION PROCEDURES If the criteria are not met: Where the player's initial contract was for 12 months or longer and the club have requested a panel, the Scottish Football Association will consult with the other relevant football bodies by email. They will ask whether the application needs to be considered at a panel. If the football bodies recommend unanimously they are satisfied that the changes do not need to be considered by a panel, then the case can be processed without one. If any of the football bodies have concerns with a particular application, a panel will be arranged. See section below on panels. Where a player's initial contract was for less than 12 months and the club have requested a panel, it will be arranged as normal. Trials Arrangements GBEs will not be issued to clubs for the purpose of having players to trial them. Clubs may wish to approach the Immigration Enquiry Bureau on 0870 606 7766 for further information should they wish to consider taking a non-european Economic Area (EEA) player on trial. International Transfer Windows Governing Body Endorsements may be applied for by clubs at any time and will be considered against the criteria as above. Clubs should take into consideration the fact that a Governing Body Endorsement for a player, once issued, must be used within four months. Panels Where an application does not meet the published criteria, a club may request a panel to consider the player's skills and experience. In these cases the Scottish Football Association will refer the club's evidence to an independent panel. Where possible the club's supporting evidence will be sent to the Scottish Football Association and other football bodies in advance for their consideration in order to allow an informed decision. The panel will normally consist of representatives from the relevant football bodies together with up to three independent experts. The Scottish Football Association will endeavour to ensure there are no conflicts of interest between the independent experts and the applicant club. If the applicant club wishes to object to the involvement of any of the independent experts it must do so in writing at least 24hours before the panel hearing explaining their reasons for the objection. The panel's terms of reference are: To consider whether the player is of the highest calibre. To consider whether the player is able to contribute significantly to the development of the game at the top level in Scotland. The panel will make a recommendation to the Scottish Football Association whose decision will then be relayed to the club. The details of the voting will not be disclosed. Each member of the Panel will provide written reasons for their own decision to the Secretary of the Panel. A positive vote is required to approve an application (e.g. 4-2, 5-1 or 6-0) Full terms of reference and roles of the panel members and the club are available to attendees.
REGISTRATION PROCEDURES 277 Clubs should note that, in respect of any application, there will only be one panel available (ie a panel and recommendation, followed by a decision). A club should therefore ensure that all evidence it wishes to present in support of its application is presented to the panel. If the club has previously made an application that was unsuccessful at panel a further panel cannot be requested for the same player during the season. For these purposes a season is deemed to run from 1 June until 31 May. Ceasing the employment of players If the club ceases to employ the player prematurely the club must inform the UK Border Agency. Fees An administration fee of 100 will be charged for each application for a GBE Leave to remain/ Visas. The SFA is not registered to give advice on immigration. Information on aspects of immigration policy and law can be found on the UK Border Agency s web site www.ukba. homeoffice.gov.uk. Clubs are advised to allow sufficient time for entry clearance to be granted. The time needed to obtain entry clearance may vary depending upon where the player is applying for entry clearance. Service standards are set out for each overseas post on the UKVisas web site:www.ukvisas.gov.uk/en/aboutus/customerservicestandards. This site also contains a guide to visa processing for specific overseas posts. Further Information This guidance is available on the web sites of the Scottish Football Association (www. scottishfa.co.uk) the Scottish Premier League (www.scotprem.com) and the Scottish Football League (www.scottishfootballleague.co.uk) Contact Enquiries should be directed to: Sandy Bryson Head of Registrations Department The Scottish Football Association Hampden Park Glasgow G42 9AY Tel: 0141 616 6052 Fax: 0141 616 6055 Sandy.Bryson@scottishfa.co.uk
278 REGISTRATION PROCEDURES Gov e r n i n g Bo dy En d o r s e m e n t Requirements f o r Ma n ag e r s o f Clubs o f the Scottish Football Association POINTS BASED SYSTEM Background This document explains the criteria for football clubs to obtain Governing Body Endorsements for Tier 2 and 5 of the UK Border Agency points based system for football managers and first team coaches for the 2009/2010 season. Consultation The following criteria have been agreed by the UK Border Agency following consultation between the Scottish Football Association, Scottish Premier League, Scottish Football League, Professional Footballers Association, the Managers and Coaches Association and the other Home Associations of The FA, The FA of Wales and The Irish FA. Duration The criteria will apply for season 2009-10 and will be effective from 1st July, 2009 through to 30th June 2010. The criteria will be reviewed in early 2010 in order that revised criteria may be issued by the 1st May 2010 to operate for season 2010-11. Criteria for Clubs To be eligible to apply for a Governing Body Endorsement and to become a Sponsor and issue Certificates of Sponsorship a club must be in membership of the Scottish Premier League or the Scottish Football League. Clubs below these leagues are not eligible for endorsement under the Points Based System. Length of Season The playing season for this sport is from July to June. This may vary slightly from season to season depending on the arrangement of the first and last matches. Managers and first team coaches are not subject to transfer windows. Criteria for Managers Governing Body Endorsements will be issued to managers and first team coaches of the highest calibre who are able to make a significant contribution in footballing terms to the development of the United Kingdom game at the highest level (i.e. clubs competing in the Premier Leagues and Football Leagues in England and Scotland the Welsh Premier League and the Irish Premier League in Northern Ireland). Initial Applications To be eligible for a Governing Body Endorsement: Managers and first team coaches must have overall responsibility for first team selection. Joint or partial responsibility for first team selection does not meet the criteria. The manager or first team coach must also: hold a UEFA professional licence or equivalent; or have managed or coached in a professional league for at least two of the last five years; or have managed or coached an international team with a FIFA ranking of 70th or higher within the last five years.
REGISTRATION PROCEDURES 279 FIFA Rankings There are currently 201 international teams listed in the official FIFA world rankings. Those countries which have regularly achieved a 70th placing or higher over a period of two years are regarded as nations who have competed regularly at a highly competitive international level and have managers or first team coaches of the highest standard who have contributed consistently to the achievement of that world ranking. The SFA will produce the aggregated two-year rankings list on a monthly basis when the official FIFA world rankings are published and those countries ranked 70th or above meet the criterion. The aggregated rankings can be obtained from the contact given at the end of this document. If clubs have any queries about the rankings they should contact The SFA. Length of Issue Governing Body Endorsements will be issued for a period appropriate to the period of approval for sponsorship or the tier under which the application is being made, that is: As a Sponsor Tier 2 or Tier 5 for 4 years. Migrant Tier 2 Sport Initial application length of contract or up to three years maximum, whichever is the shorter period. Extension Application length of contract or up to two years maximum, whichever is the shorter period. A second extension of a further two years is possible when the first extension is about to expire. Migrant Tier 5 sporting length of contract or up to 12 months, whichever is the shorter period. No in-country extensions are possible of more than a total period of 12 months. For example, if a manager initially had six months approval he would be allowed to apply for an extension up to another six months. If a club wishes to continue to employ a manager beyond 12 months, the individual will have to return overseas to make a new application. Extension Applications If a club wishes to retain the services of a manager or first team coach, they should submit a new application for a governing body endorsement before the work permit or Certificate of Sponsorship expires. If the Governing Body Endorsement criteria are satisfied, a GBE will be issued for the period of their contract, up to a maximum period appropriate for the tier under which the application is being made. Change of Employment A club wishing to sign a manager or first team coach from another United Kingdom club must submit an application to the Scottish Football Association at the address given at the end of this document. If the criteria are satisfied, a GBE will be issued for the period of their contract, up to a maximum period appropriate for the tier under which the application is being made. Salary Clubs do not need to include details of a manager's or first team coach's salary in the endorsement application.
280 REGISTRATION PROCEDURES Panels Where an application does not meet the published criteria, a club may request a panel to consider the manager or first team coach's skills and experience. If a club requests a panel, The Scottish Football Association will refer the club's evidence to an independent panel. The panel will normally consist of representatives from the relevant football governing bodies together with up to three independent experts. The SFA will endeavour to ensure there are no conflicts of interest between the independent experts and the applicant club. If the applicant club wishes to object to the involvement of any of the independent experts it must do so in writing at least 24 hours before the panel hearing explaining their reasons for the objection. The panels' terms of reference are: To consider whether the manager or first team coach is of the highest calibre. To consider whether the manager or first team coach is able to contribute significantly to the development of the game at the top level in the United Kingdom. Full terms of reference and roles of the panel members and the club are available to attendees. The panel will make a recommendation to the Scottish Football Association whose decision will then be relayed to the club. The details of the voting will not be disclosed. Each member of the panel will provide written reasons for their own decision to the Secretary of the panel. A positive vote is required to approve an application (e.g. 4-2, 5-1 or 6-0) Clubs should note that, in respect of any application, there will only be one panel available (i.e. a panel and recommendation, followed by a decision). A club should therefore ensure that all evidence it wishes to present in support of its application is presented to the panel. If the club has previously made an application that was unsuccessful at panel, a further panel cannot be requested for the same manager or first team coach during the season. For these purposes a season is deemed to run from July until June. Fees An administration fee of 100 will be charged for each application for a GBE. Leave to Remain/Visas The SFA is not registered to give advice on immigration. Information on aspects of immigration policy and law can be found on the UK Border Agency s web site www.ukba. homeoffice.gov.uk. Clubs are advised to allow sufficient time for entry clearance to be granted. The time needed to obtain entry clearance may vary depending upon where the player is applying for entry clearance. Service standards are set out for each overseas post on the UKVisas web site:www.ukvisas.gov.uk/en/aboutus/customerservicestandards. This site also contains a guide to visa processing for specific overseas posts. Further Information This guidance is available on the web sites of the Scottish Football Association (www. scottishfa.co.uk), Scottish Premier League (www.scotprem.com), Scottish Football League (www.scottishfootballleague.com) and from the Managers' & Coaches Association (stephen.baillie@gmb.org.uk) Contact Enquiries should be directed to: Sandy Bryson Head of Registrations Department The Scottish Football Association Hampden Park Glasgow G42 9AY Tel: 0141 616 6052 Fax: 0141 616 6055 Sandy.Bryson@scottishfa.co.uk