Failure to Respect Decisions
1. Anyone who fails to pay another person (such as a player, a coach or a club) or FIFA a sum of money in full or part, even though instructed to do so by a body, a committee, a subsidiary or an instance of FIFA or a CAS decision (financial decision), or anyone who fails to comply with another final decision (non-financial decision) passed by a body, a committee, a subsidiary or an instance of FIFA, or by CAS:
a) will be fined for failing to comply with a decision and receive any pertinent additional disciplinary measure; and, if necessary:
b) will be granted a final deadline of 30 days in which to pay the amount due or to comply with the non-financial decision;
c) may be ordered to pay an interest rate of 18% p.a. to the creditor as from the date of the decision of the Disciplinary Committee rendered in connection to a CAS decision on an appeal against a (financial) decision passed by a body, a committee, a subsidiary or an instance of FIFA;
d) in the case of clubs, upon expiry of the aforementioned final deadline and in the event of persistent default or failure to comply in full with the decision within the period stipulated, a ban on registering new players will be issued until the complete amount due is paid or the non-financial decision is complied with. A deduction of points or relegation to a lower division may also be ordered in addition to a ban on registering new players in the event of persistent failure (i.e. the ban on registering new players has been served for more than three entire and consecutive registration periods following the notification of the decision), repeated offences or serious infringements or if no full registration ban could be imposed or served for any reason;
e) in the case of associations, upon expiry of the aforementioned final deadline and in the event of persistent default or failure to comply in full with the decision within the period stipulated, additional disciplinary measures may be imposed;
f) in the case of natural persons, upon expiry of the aforementioned final deadline and in the event of persistent default or failure to comply in full with the decision within the period stipulated, a ban on any football-related activity for a specific period may be imposed. Other disciplinary measures may also be imposed.
2. With regard to financial decisions passed by a body, a committee, a subsidiary or an instance of FIFA, or CAS, disciplinary proceedings may only commence at the request of the creditor or any other affected party who is entitled to be notified of the final outcome of the said disciplinary proceedings, including the motivated decision if so requested. OFFENCES II.
20 3. If the sanctioned person disregards the final time limit, FIFA and/or the relevant association (in cases involving clubs or natural persons) shall implement the sanctions imposed. Where a registration ban (in the case of a club), a ban on any football-related activity (in the case of a natural person) or a disciplinary measure (in the case of associations) has been enforced against a debtor in accordance with this article in relation to a financial obligation resulting from a CAS or FIFA decision and where the debtor provides FIFA with reliable evidence of having complied with such decision, such ban or measure may be provisionally lifted. The creditor will be invited to confirm whether such payment has been made.
a) Should the debtor have provided accurate information and fully settled its financial obligation, the ban or measure is considered permanently lifted.
b) Should the debtor have provided inaccurate information and/or have failed to comply with its financial obligation in full, the Disciplinary Committee may decide to: i. reinstate the ban or measure; and ii. impose additional disciplinary measures.
4. The sporting successor of a non-compliant party shall also be considered a non-compliant party and thus subject to the obligations under this provision. Criteria to assess whether an entity is to be considered as the sporting successor of another entity are, among others, its headquarters, name, legal form, team colours, players, shareholders or stakeholders or ownership and the category of competition concerned.
5. Any financial or non-financial decision that has been issued against a club by a competent decision-making body within the relevant association shall be enforced by the association of the deciding body that has issued the decision in accordance with the principles established in this article and in compliance with the applicable disciplinary regulations. An association will be fined for failing to enforce the decision in accordance with this article. In the event of persistent failure to enforce the decision, additional disciplinary measures may be imposed on the association.
6. Any financial or non-financial decision that has been issued against a natural person by a competent decision-making body within the relevant association shall be enforced by the association of the deciding body that has issued the decision or by the natural person’s new association, if the natural person has, in the meantime, been registered or licenced at another association, or otherwise employed by a club affiliated to another association or by another association, in accordance with the principles established in this article and in compliance with the applicable disciplinary regulations. An association will be fined for failing to enforce the decision in accordance with this article. In the event of persistent failure to enforce the decision, additional disciplinary measures may be imposed on the association.
21 7. Any financial decision issued by the Football Tribunal or FIFA imposing disciplinary measures, such as a ban from registering any new players – either nationally or internationally – or a restriction on playing in official matches, will be automatically enforced by FIFA and the relevant member association. FIFA will be competent to deal with any issue relating to the enforcement of such decisions, including but not limited to the potential recognition of the sporting successor and the assessment of potential insolvency and/or bankruptcy proceedings.
8. Where a decision issued by the FIFA Football Tribunal or a proposal confirmed by the FIFA general secretariat contains consequences for failure to pay relevant amounts on time and the debtor has not provided proof of payment after such consequences have been served in full, the Disciplinary Committee may decide to provisionally extend such consequences until a final decision has been rendered by this judicial body in accordance with this article.
9. The Disciplinary Committee shall be competent to decide on cases related to the failure to respect settlement agreements concluded in the context of disciplinary proceedings opened against a debtor with respect to a final and binding financial decision issued by a body, a committee, a subsidiary or an instance of FIFA or by CAS.
10. Disciplinary proceedings for failing to respect a final CAS decision rendered in the context of ordinary proceedings may be initiated provided that the respective CAS procedure started after 15 July 2019.